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HomeMy WebLinkAbout06/23/2009 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON JUNE 23, 2009, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Anfinson called the regular monthly meeting of the Waterloo Board of Adjustment to order on Tuesday,June 23, 2009, at 4:00 p.m. Board members in attendance were: Mohr, Goldsberry,Holdiman and Anfinson. Member absent was Mixdorf. Staff in attendance was Aric Schroeder,Shane Graham, Tim Andera and Adam Poll. There was approximately 12 people from the public in attendance. I. Approval of the Ag-nda for June 73. NM It was moved by Holdiman, seconded by Goldsberry, to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on May 2s, 2009. It was moved by Goldsberry, seconded by Mohr, to approve the minutes as submitted.Motion carried unanimously. III. Tlecisinn Ttems 1. Request by the City of Waterloo at N of 1 R1 R T,a Port" Rd for a special permit to construct a public building used and erected by the government,for a new 8,000 SF fire station building,which would replace the existing Fire Station#8 at 1812 La Porte Rd, and a variance to the 10' setback requirement along E Ridgeway Ave, to allow a setback of 5', 5' less than the minimum required. Poll gave the staff report,noting that the request would appear to have a positive impact neighborhood, as the new fire station would allow for the continued uninterrupted fire protection in the neighborhood as well as an upgrade of facilities for the fire station. By relocating the fire station, the existing site would be used for commercial development,which would add tax base to the city. Poll noted that the request would not appear to have any negative impact on traffic conditions, as it would not be increasing the amount of traffic on the surrounding roads. It would also eliminate the need for the emergency traffic light on East San Marnan Drive. Potential plans have also been discussed that would create a fully signalized intersection at Ridgeway and La Porte Rd; however,those plans have not been finalized. This would allow for easier access to the fire station for the trucks. Poll noted that the request is to construct a new 8,000SF fire station. Due to its proximity to the old location, it would appear that the fire and ambulance service provided would be similar to that which is currently offered. Poll indicated that several of the Planning and Zoning Commission members did express some concern about the signaling to be used at the new intersection that would be constructed at E Ridgeway Ave and La Porte Rd and whether it would slow down emergency response times. Poll indicated that the Planning&Zoning Commission did recommend approval of the special permit request on a 6-2 vote, and that staff recommends approval of the special permit as well. Schroeder indicated that the property would need a variance to the setback requirement along E Ridgeway Ave as well, as the building would only be 5' from the property line instead of the 10' required by the Ordinance. Anfinson questioned what the concerns were from the Planning&Zoning Commission, and Schroeder indicated that there were some concerns indicated about the traffic patterns and traffic movements in the area. Schroeder indicated that Planning staff,Engineering staff and Traffic staff have reviewed the request and see no issues with the traffic. Anfinson temporarily adjourned the meeting at 4:15 p.m. due to a Tornado Warning issued for BOARD OF ADJUSTMENT June 23,2009 Minutes Restaurant on the same site as a previous standard restaurant,which would utilize the existing 25 parking stalls, 33 parking stalls less than the minimum required. Andera gave the staff report,noting that the applicant is proposing to covert the existing 3,534 SF restaurant building into a new Hardee's Fast Food Restaurant, which would have 101 seats for patrons. The Zoning Ordinance requires that a fast food restaurant with a drive-up window provide 1 parking space for every 1.75 seats,with a minimum of at least 10 parking spaces. In this case, the Zoning Ordinance would require that this site provide 58 parking stalls, however, there are currently 25 parking stalls on the site, a deficiency of 33 parking stalls. When Steak n' Shake originally located in the building in 1998, the restaurant was considered a Standard Type, sit-down restaurant,as customers were provided with an individual menu, and served their meal by a restaurant employee at the same table, therefore,the Zoning Ordinance required that 1 parking space be provided for every 100 square feet of floor area devoted to patron use. At the time of completion of the Steak n' Shake restaurant in 1998, the area used for patron use was approximately equal to l of the building area, therefore, 18 parking stalls were needed, however, the owner provided 25 parking stalls, 7 more than what was required. Andera indicated that the applicant has noted that the current parking configuration at the site meets their daily business needs,and many other Hardee's locations have a similar number of parking stalls as the site in question for both customer and employee use. The applicant has noted that during peak business hours, each store utilizes 15 to 20 parking stalls, including usually 6 to 9 for employees,as well as noting that approximately 67% of Hardee's business is done through the drive-thru window. The applicant has also pointed out in their grounds of appeal that Hardee's has a similar operation as the former Steak n' Shake, noting that the food and beverage is served by a restaurant employee at the table at which the items are consumed, although customers are not provided an individual menu, and do not order their meal from their table. Staff is aware that when Steak n' Shake originally constructed in 1998, they entered into a shared parking agreement with Hy-Vee, subject to Steak n' Shake needing to provide the minimum parking stalls needed on their site according to the Zoning Ordinance. Staff has reviewed Hy-Vee's site plan from 1992, and found that there are 436 parking stalls at that site for the existing 61,873 SF grocery store. The Zoning Ordinance requires that stores over 2,000 SF provide 5 parking stalls for each and every 1,000 SF of floor area, therefore, Hy-Vee is required to have 310 parking stalls to meet the minimum requirements of the Ordinance. At this time,Hy-Vee has an excess of 126 parking stalls, and there would appear to be a sufficient amount of parking in the general area. Andera indicated that staff recommends approval of the request, as it would appear to be unique, as there wouldn't appear to be the need for the additional parking stalls, and there would appear to be an excess of parking in the vicinity, and it would not appear to alter the essential character of the neighborhood. Anfinson commented that there is quite a difference between what is required and what they are providing. Dustin Whitehead with Lockard Realty indicated that there is a cross-easement parking agreement in place with Hy-Vee. Frank Westermeyer indicated that he owns 2 other Hardee's restaurants in Waterloo, and would like to add a 3rd store, noting that it is in a good location. Westermeyer noted that the restaurant would have closer to 80 seats inside and not 100 like the site plan shows. It was moved by Goldsberry, seconded by Mohr, to approve the variance to allow 25 parking stalls. Motion carried unanimously. VARIANCE REQUEST APPROVED. 3 BOARD OF ADJUSTMENT June 23,2009 Minutes total lot coverage to 35%. The property has a rear yard that is 1,190 SF, of which 30% would limit the garage to 357 SF. The property has a total lot size of 2,380 SF, of which 35% would limit the total lot coverage to 833 SF. The proposed 420 SF garage would cause the rear yard coverage to be 35.3% and the total lot coverage to be 49.4%. The request would appear to be unique given the townhouse row dwelling development on very narrow and small lots that has existed since prior to adoption of the Zoning Ordinance. The proposed garage, including the setbacks and size, would appear to be similar to other garages in the development, so therefore would not appear to be out of character with or have an adverse impact on the neighborhood. The applicant has submitted a petition of approval signed by 3 adjoining property owners. Schroeder indicated that staff recommends approval of the request, as denial of the variance would appear to create a hardship and deny a reasonable use of the property, as without approval of the variance the property could not have a garage that meets size limit and setback requirements, the request would appear unique given the setbacks of the existing garage that the structure would replace and the fact that the property is part of a townhouse row development built prior to adoption of the Zoning Ordinance on very narrow and small lots, and the request would not appear to have a negative impact on the neighborhood, and given the uniqueness of the request,would not appear to set a precedent. Kirk Evans indicated that he just wants to rebuild his damaged garage. It was moved by Goldsberry, seconded by Holdiman, to approve the variance requests. Motion carried unanimously. VARIANCE REQUESTS APPROVED. 5. Request by Donald &Valarie Ziegenhorn at 2060 Avnn Ave for a variance to the 1,800 SF maximum size limit for accessory structures, to allow for the construction of a 30'x40' (1,200 SF) garage, with a total square footage of all accessory structures of 2,976 SF, 1,176 SF more than the maximum allowed, and a variance to the accessory structure siding requirement, to allow for an accessory structure to be constructed with vertical metal siding. Poll gave the staff report,noting that the applicant has requested to build a 1,200 SF pole building on his property for the purpose of storing equipment bringing his total square footage of accessory structures to 2,976 SF, 1,176 greater then permitted. The City of Waterloo Zoning Ordinance states that accessory structures should not exceed 850 SF or 6% of the lot size, whichever is greater, not to exceed 1,800 SF. On September 20, 2004,an amendment to the Ordinance was passed that, among other things, prohibited residential accessory structures greater than 120 SF from being constructed with metal siding, except for horizontal metal siding common on residential structures. The Ordinance was passed to help ensure that accessory structures are compatible with residential structures, and that the residential character of a neighborhood would be maintained. The applicant is proposing vertical metal siding on the post frame building,which is not in conformance with the Ordinance. Poll noted that staff does have concerns about allowing the use of vertical metal siding, however the applicant has noted that there are three adjacent properties that have buildings with vertical metal siding, including 1925 Avon Ave, 2141 Avon Ave and a newer building at 925 Midland St constructed in June 2004. The Board of Adjustment approved a variance to the metal siding rule on 12/28/04 for a post frame building at 162 Lowder Rd. That variance was approved due to several uniqueness, including the rural character of the area and presence of several other existing structures with vertical metal siding,but also due to the fact that the property was zoned A-1. 5 BOARD OF ADJUSTMENT June 23,2009 Minutes lots in the area. The lot in question would have 12.92% of its total lot covered with structures, while 22.56%, 16.14%, 15.82% and 24.23% are examples of some of the other lot coverage's in the immediate vicinity. This could be considered a uniqueness when reviewing the request. Also, staff has done some initial investigating into changing the 6% lot area provision for accessory structures. One of the suggestions may be to raise it to 8%, as this rule only affects properties that are on larger lots, and the thought is that allowing a little more square footage for accessory structures on larger lots would not make them look out of place. A lot owner with a 14,000 SF lot may have twice as much land as most of the neighbors,but at 6% of the lot size, it would still be limited to the same size detached structures (850 SF). Graham noted that another uniqueness to consider is the property directly to the west at 507 Wyoming St. That property has a 984 SF garage on it that was constructed legally in 1978 (as the only size provision at that time was 30% of the rear yard, which it met),however, the Board of Adjustment granted a variance in June of 1994 to allow for the construction of a 336 SF garage in addition to the existing 984 SF garage, with a total square footage of accessory structures of 1,320 SF,which is more than the property in question is asking for. With that request, the property owner owned an adjacent property with a home and garage on it, but removed both of the structures and proposed to construct a new garage in a different location on their property. The Board considered the request unique in that the new garage would be approximately the same size as the one torn down, so the request was approved. Graham indicated that staff recommends that the request be approved, as the lot is larger than other lots in the area, and would have a total lot coverage less than other lots in the area, the property to the west was approved for a variance in the past and has more square footage of accessory structures than what the property in question is proposing, and the applicants have submitted a petition of support from all surrounding property owners. It was moved by Mohr, seconded by Goldsberry, to approve the variance to allow a maximum square footage of all accessory structures of 1,182 SF. Motion carried unanimously. VARIANCE REQUEST APPROVED. IV. Discussion Items There were no discussion items. V. Adjournment It was moved by Holdiman, seconded by Goldsberry, to adjourn the meeting at 5:28 p.m. Motion carried unanimously. Respectfully submitted, Shane M. Graham, Planner II 7