HomeMy WebLinkAbout10/13/2009 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON
OCTOBER 13, 2009, IN THE COUNCIL CHAMBERS, CITY HALL
Chairperson Anfinson called the special meeting of the Waterloo Board of Adjustment to
order on Tuesday, October 13,2009, at 4:00 p.m. Board members in attendance were:
Holdiman, Goldsberry, Mixdorf and Anfinson. Member not in attendance was Mohr. Staff in
attendance was Aric Schroeder,Shane Graham and Tim Andera. There were 5 people from
the public in attendance.
I. Apprnval nf the Agenda fnr October 11 711119
It was moved by Holdiman, seconded by Goldsberry, to approve the agenda as submitted. Motion
carried unanimously.
II. Approval nf the Minutes of the Regular Meeting on ceptember 27, 7(1f19
It was moved by Holdiman, seconded by Mixdorf, to approve the minutes as submitted. Motion
carried unanimously.
III. Tleeicinn Ttenlc
1. Request by Ferring Homes on behalf of Duane and Delores Weiden at 126 St. Croix Dr for a
variance to the 20' rear yard setback requirement in the "R-2" One and Two Family
Residence District, to allow for the construction of a new single-family home, with a rear
yard setback of 15', 5' less than the minimum required.
Andera gave the staff report, noting that the applicant is requesting to construct a new 52' deep
single-family house upon an 80'x 94' (7,520 SF) vacant lot in the 100 block of St. Croix Drive, 1
block west of Logan Avenue (Highway 63), approximately 1 mile north of Donald Street. Staff
initially signed off on a site plan in early September of this year, and a building permit was
issued for the new house. The applicant labeled a front yard setback of 21' from the front
property line to the front of the attached garage,which extends past the living area of the
proposed house. From doing aerial photo measurements at the time the site plan was
submitted, it appeared that the neighboring houses at 118 and 138 St. Croix Drive had an
average setback of approximately 21' to 22'. It was later determined by a building inspector
that the proposed house would extend approximately 5' in front of the neighboring homes.
Staff did visit the site after the concern was raised,locating the property pins,and determined
that the house at 138 St. Croix Drive is 26' from the front property line. The house at 118 St.
Croix Drive has a setback of approximately 26', therefore, the average setback for the
neighboring properties is 26'. Initially with a setback of 21' from the front property line, the
applicant would be meeting the minimum rear yard setback of 20' for the"R-2" District,
however, moving the house 5' to the north would only leave 15' for the rear yard setback.
Andera noted that it would appear that the lot in question is fairly wide (80'), as the proposed
house would be meeting the side yard setbacks, however, the lot in question is fairly shallow
(94') compared to other lots within the area,which average about 130' in depth, which could
potentially be considered a uniqueness. There are 2 lots directly to the east that also have a
depth of 94', and the property at 118 St. Croix Drive does have an existing detached garage that
would exceed the 20' required setback for a principal permitted use,however, the Zoning
Ordinance does allow a detached garage to be 3' from the rear and side lot lines. The applicant
could potentially construct a detached garage upon the property and meet the required
setbacks. Staff does believe though that a variance to the rear yard setback would be more
acceptable, as the non-conforming setback would be in the rear of the property, and keeping the