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HomeMy WebLinkAbout01/26/2010 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON JANUARY 26, 2010, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Anfinson called the regular monthly meeting of the Waterloo Board of Adjustment to order on Tuesday,January 26, 2009, at 4:00 p.m. Board members in attendance were: Anfinson, Goldsberry, Mixdorf and Holdiman. Member absent was Mohr. Staff in attendance was Aric Schroeder, Shane Graham and Tim Andera. There was 1 person from the public in attendance. I. Approval of the Agenda for Jannc ry 7h 7(11(1 It was moved by Mixdorf, seconded by Holdiman, to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Miniitec of the Pegilar Meeting nn December 99, 2009. It was moved by Mixdorf, seconded by Holdiman, to approve the minutes as submitted. Motion carried unanimously. III. F.1 ecti nn of Officers It was moved by Mixdorf, seconded by Golds berry, to nominate Larry Anfinson as chairperson and Jason Mohr as vice chairperson for the 2010 calendar year. Motion carried unanimously. IV. fecicion Items 1. Request by Silver Creek Properties at 2177 T,a Porte Rd for a variance to the 8' parking lot setback requirement in the Highway 218 Corridor Overlay District, to allow for the existing parking lot to remain with a setback of 2' at its closest point, 6' less than the minimum required. Andera gave the staff report, noting that the applicant is requesting multiple variance requests at both 2127 and 2141 La Porte Road relating to parking setbacks within the Highway 218 Corridor, and minimum lot width and side yard setbacks for a hotel located within the "M-1" Light Industrial District. The hotel at 2127 La Porte Road is requesting to place their parking area 2' from the southeasterly property line when the lots are split. The Highway 218 Corridor section of the Zoning Ordinance requires that vehicular use areas terminate 8' from property lines not abutting Highway 218. The hotel at 2141 La Porte Road is requesting to have its parking area be 1.9' from the northeasterly line near the canopy that currently extends out over the entrance. Andera noted that the hotel at 2141 La Porte Road currently has a setback of 12'6" from the southeasterly property line, and this setback has existed since the hotel was built in 1993. The Zoning Ordinance requires that hotels maintain a setback of 30' from side property lines within the "M-1" Light Industrial District, and the current setback is exceeding the required setback by 17'6". It appears that it was overlooked at the time of the construction of the hotel that the required setback was 30', however, the underlying setback for the "M-1" Light Industrial District 5', and at the time of approval of the site plan, the minimum setback for the hotel may have been interpreted as 5', which the current setback meets and exceeds. The applicant is also requesting to reduce the side yard setback on the opposite side of the hotel to allow the current canopy to be 13'8" from the proposed new property line. Staff believes that due to this setback BOARD OF ADJUSTMENT January 26,2010 Minutes 10'x120' piece of the drainage way would not impact the drainage way and its ability to channel water or negatively impact its capacity. There is floodplain associated with this drainage way, however the floodplain does not extend to the area that the applicant is proposing to purchase. Graham noted that the Zoning Ordinance requires a 5' side yard setback from the south property line, and the applicant is proposing a setback of 0'. The applicant could propose to purchase an additional 5' of the drainage way from the City in order to meet the 5' setback requirement, however the Engineer's Office has indicated concern with selling an additional 5' of the drainage way. Therefore, the variance is being requested instead. The sale of the portion of drainage way has not yet been approved by City Council, so if the variance were to be approved, staff would recommend adding a condition subject to the sale and conveyance of the portion of land to the applicant. Graham indicated that staff recommends approval of the request, as it would not appear to have a negative impact on the neighborhood, as the addition would be located adjacent to the City-owned drainage way, and the unique location of the existing service and parts department requires that the addition be constructed on the south side of the building. Mixdorf questioned if a variance would be needed to the east and west sides of the building if the portion of the drainage way is purchased, and Schroeder indicated that it would still meet setbacks along those sides. It was moved by Goldsberry, seconded by Mixdorf, to approve the variance to allow a side yard setback of 0', subject to the sale and conveyance of the City-owned drainage way to the applicant. Motion carried unanimously. VARIANCE REQUEST APPROVED. V. Discussion Items There were no discussion items. VI. AdjniirnmPnt It was moved by Holdiman, seconded by Mixdorf, to adjourn the meeting at 4:19 p.m. Motion carried unanimously. Respectfully submitted, Shane M. Graham, Planner II 3