HomeMy WebLinkAbout02/22/2011 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON
FEBRUARY 22, 2011, IN THE COUNCIL CHAMBERS, CITY HALL
Chairperson Anfinson called the regular monthly meeting of the Waterloo Board of Adjustment to
order on Tuesday,March 22,2011,at 4:00 p.m. Board members in attendance were: Anfinson,
Goldsberry,Sass,Mohr. Board members absent were: Holdiman.Staff in attendance was Aric
Schroeder,Shane Graham,Chris Western,and Adam Poll. Councilperson Steve Schmitt was also in
attendance. There were 10 people from the public in attendance.
I. Approval of the Agenda for February 79, 7011
It was moved by Sass, seconded by Goldsberry, to approve the agenda as submitted.Motion carried
unanimously.
II. Approval of the Minutec of the Regular Maating nn January 75 71111
It was moved by Goldsberry,seconded by Sass, to approve the minutes as submitted.Motion carried
unanimously.
III. fecicinn Ttem%
1. Request by Fidelity Towers,Inc. at the NE corner of E Ridgeway Avenue and W 11th St for approval
of a major significance cellular tower,to allow for the construction of a new 120' monopole cellular
tower and related equipment,located within Morris Park.
Western gave the staff report noting that the applicant requests that the City approve the request to
allow for the construction of a new 120' monopole cell tower and equipment on city owned property.
Western noted that properties to the,south and east and west are zoned Residential,and have
residential uses on them. Western noted that property owned by the Waterloo Schools to the north is
also zoned residential but is being used for Kittrell School. Western noted that the request would not
appear to have a negative impact on the neighborhood,as the tower would be located over 240' from the
nearest house,which equals double the height of the tower. Western noted that a 6' tall chain link fence
would surround the leased area where the base of the tower and equipment would be located. Also,
there will be shrubs planted by the applicant around the equipment building to help screen equipment
area. Western noted that vehicular use areas would be hard surfaced with asphalt.Western noted the
proposed location was not within the floodplain and that existing utilities to serve the site.
Western noted that the City of Waterloo Zoning Ordinance requires that any proposed freestanding
tower structure within 500 feet of a 1 or 2 family dwelling lot shall go through the Planning,
Programming&Zoning Commission for a recommendation to the Board of Adjustment,similar to a
special permit. Western noted that the tower in question would be located adjacent to a single-family
dwelling lot, and therefore the approval is required.
Western noted that the proposed tower is a 120' Monopole structure with internal antenna's and room for
co-locators. The applicant would be leasing a 2,500 SF area for the tower and equipment,which will be
enclosed by a 6' tall chain link fence. Western noted that the applicant has noted that they are proposing
the tower in order to provide better coverage in that area,and have provided coverage maps showing the
coverage difference in the area with and without the proposed tower.
Western noted that the Zoning Ordinance prefers that a new structure be co-located onto an existing
tower or placed on a roof of an existing tall building,however the applicant has noted that no such
locations were available. Western noted that although the tower would be located adjacent to a 1 or 2
family dwelling lot,it would appear that the tower would be located 240' from the nearest house to the
BOARD OF ADJUSTMENT
February 22,2011 Minutes
City then purchased the parcel with the existing building on it and another adjacent parcel in March of
2010,for a total parcel size of 11.08 acres. Graham noted that the City purchased the building site for the
purpose of creating a new Public Works Facility at this location,which will house several City
Departments in one location,as currently they are spread out in different locations.Those departments
are Central Garage,which is currently located on Black Hawk Street,Traffic Operations,which is
located on W 6th Street,and the Street Department,which is currently located on Black Hawk Street.
Graham noted that the facility would also house most of the City of Waterloo's fleet vehicles,such as
Engineering,Code Enforcement,Police,etc. so that they would not have to be parked in other locations,
such as under the Highway 218 bridge. Graham noted that by having vehicles stored indoors instead of
outdoors,there will be a cost savings by having less wear and tear and repairs on vehicles that normally
sit outdoors.
Graham noted that the Site Plan shows an existing building size of 26,740 SF.The plan then shows a new
101,904 SF addition,which will extend to the west and to the south of the existing building. Graham
noted that there will also be a 22,069 SF mezzanine within the addition,for a total square footage of the
Public Works Facility being 150,713 SF. The site plan shows two entrances to the property: one off of
Glenwood Street and one off of Linden Avenue,both of which are existing entrances to the property.
The parking lot would then be located to the south of the building addition,near the Glenwood Street
entrance.
Graham noted that the proposed Public Works Facility would be a positive addition to the City and to
the neighborhood in which it is to be located.The Facility would combine several departments into one
location,which could bring cost savings to the City by having those operations in one centralized
location. Also,the ability to store the City's vehicle fleet in one location not only could be a cost saver,
but it also frees up space in other locations for public parking(i.e.under Highway 218). Graham noted
that staff recommended approval of the special permit request.
It was moved by Mohr, seconded by Sass, to approve a special permit to allow for the construction of a
101,904 SF addition to the existing 26,760 SF building, to be used for the new City of Waterloo Public
Works Facility.Motion carried unanimously.
SPECIAL PERMIT REQUEST APPROVED
3. Request by Hajrudin Dzehverovic at 910 W 5th St for a variance to the 100' setback requirement
for a limited alcohol sales use from a protected used,to allow for the establishment of a new
limited alcohol sales use 0'from-a protected used(620-622-Grant Ave),100'-less then the
minimum required.
Poll gave the staff report noting that the property is located at 910 West 5th Street,near the intersection of
Grant Avenue and West 5th Street. West 5th Street is classified as a Minor Arterial,and Grant Avenue is
classified as Local Street. The property in question is zoned"C-2" Commercial District,and has been
zoned as such since the adoption of the Zoning Ordinance in 1969.Poll noted that the.request to have
alcohol sales at this location could have a negative impact on the surrounding commercial and
residential area. Poll noted that currently,there are 2 non-limited alcohol sales uses directly across the
street from the site in question,with a liquor store located at 919 West 5th Street,and a bar located at 931
West 5th Street. Poll noted that many surrounding residents and councilpersons have expressed
concerns that alcohol related businesses are negatively impacting this particular area of the City,and
their establishments appear to attract crime and other unwanted activities. Poll noted that staff feels
that the use of the site as a restaurant selling a limited amount of alcoholic beverages would not be a
negative impact to the surrounding area, as the majority of the income derived for the business would
come from the sale of prepared food and non-alcoholic beverages.
Poll noted that in this particular situation, the proposed restaurant at 910 West 5th Street is a limited
alcohol sales establishment, as more than 50% of its gross income would be derived from the sale of
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BOARD OF ADJUSTMENT
February 22,2011 Minutes
outside seating area or consumption of alcohol outside of the building and the hours of the business are
limited from 9:00 a.m. to 9:00 p.m.Motion passed 3-0 with Sass abstaining.
VARIANCE REQUEST APPROVED WITH CONDITIONS
4. Request by Jubilee United Methodist Church at 1621 E 4th St for a variance to the 61 SF maximum
size limit for all signage on the property in the"R-2" One and Two Family Residence District,to
allow for the placement of a 10' x 8' (80 SF)wall sign(picture mural) on the property,together
with an existing 24 SF sign,for a total of 104 SF,43 SF more then the maximum allowed.
Poll gave the staff report noting the church is requesting to hang an 80 SF picture mural type sign in
addition to their existing 24 SF church sign which would exceed the maximum size allowed by 43 SF.
Poll noted that the site in question is on the southwest corner of Newell Street and East 4th Street.The
property is zoned"R-2" One and Two Family Residence District and has been since the adoption of the
Zoning Ordinance. Surrounding properties to the north,east and south are zoned"C-2" Commercial
District. Properties to the west are zoned"R-2" One and Two Family Residence District. Poll noted that
the request would not appear to have a negative impact on the neighborhood.Several commercial uses
surround the church that would be allowed to have more signage then requested. Poll noted that
Residential homes are near by,but would not be in view of the proposed signage. Poll noted that
although the proposed picture mural meets the definition of a sign it is not a typical advertising sign,
and the proposed mural would not appear to have a negative impact on the area.
Poll noted that the church is in proximity to many commercially zoned properties that would not need a
variance for this request. If the church was zoned"C-2" Commercial District,similar to the properties to
the north, east,and south then the church would be allowed to cover up to 15% of the wall area and a
variance would not be required.Staff would also note that the sign in question would face north away
from any residences in the area,and given that the sign is a picture mural and not a advertising sign,it
would not appear to have a negative impact. Poll noted that the applicant has noted that a smaller sign
could not be easily read from the street and that the 8'x 10' would be required for easy viewing.
Abraham Funchess noted that he was very excited about the positive universal visage. Funchess noted
that this was a universal symbol of Justice,non-violence and love.
It was moved by Sass,seconded by Mohr, to approve a variance request to the 61 SF maximum size
limit for all signage on the property in the"R-2"One and Two Family Residence District, to allow for
the placement of a-10'-x 8'(80 SF) wall sign(picture mural)-on the property, together with an existing 24
SF sign,for a total of 104 SF,43 SF more then the maximum allowed as many of the properties in that
area are commercial, the sign would not face any residential homes, the sign is a picture mural design
and it would not appear to have a negative impact on the area.Motion carried unanimously.
VARIANCE REQUEST APPROVED
IV. Ad)rmrnment
It was moved by Mohr, seconded by Goldsberry, to adjourn the meeting at 4:44 p.m.Motion carried
unanimously.
Respectfully submitted,
Adam Poll,
Associate Planner
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