HomeMy WebLinkAbout02/24/2009 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON
FEBRUARY 24, 2009, IN THE COUNCIL CHAMBERS, CITY HALL
Chairperson Holdiman called the regular monthly meeting of the Waterloo Board of
Adjustment to order on Tuesday, February 24, 2009, at 4:00 p.m. Board members in
attendance were: Anfinson, Goldsberry, Mohr and Holdiman. Member absent was Mixdorf.
Staff in attendance was Noel Anderson and Shane Graham. There was 1 person from the
public in attendance.
I. Approval of the Agenda for February 74 7nn9
It was moved by Anfinson, seconded by Mohr, to approve the agenda as submitted. Motion
carried unanimously.
II. AAn_Tprnv_al of the Minutes of the Re liar Meeting on De
It was moved by Anfinson, seconded by Goldsberry, to approve the minutes as submitted.
Motion carried unanimously.
III. Plectinn of Officers
It was moved by Goldsberry, seconded by Holdiman, to nominate Larry Anfinson as
chairperson and Jason Mohr as vice chairperson for the 2009 calendar year.Motion carried
unanimously.
IV. Decision Items
1. Request by Juan Sanchez at 811 F. 4th .St for a special permit in order to convert the existing
commercial building into a religious facility.
Graham gave the staff report, noting that the applicant is proposing to purchase the 2,880 SF
building at 811 East 4th Street in order to establish a religious facility in the currently vacant
commercial building. The applicant has submitted a detailed floor plan, which notes that they
plan to utilize approximately 720 SF for the sanctuary of the church, and plans to use the
remainder of the building for an office, instrument storage, restrooms, childcare and gathering
space. Graham indicated that the applicant has provided a site plan showing 28 parking stalls on
the site, with the stalls angled at approximately 45 degrees. The Zoning Ordinance requires that
the driveway width for 45 degree parking be a minimum of 13' wide, and a stall depth of 17.5'.
The applicant has noted that they have approximately 51' from the north side of the building to
the north property line, and having a drive width of 13',plus 2 rows of parking with each 17.5' in
depth, would equal 49', leaving an additional 2' for greenspace. The Zoning Ordinance requires
5' of greenspace, so a variance would be required to the parking setback. Graham noted that a
variance is also needed to the setback requirements for a religious facility, as the Zoning
Ordinance states that it must have a building setback of"2 feet per 1 foot of building height". The
building in question is approximately 15' tall, and therefore the setback must be 30' from all
property lines. The building is setback approximately 2' from the south property line, 28' feet
less than the minimum required, and approximately zero lot line with the east property line
facing East 4th Street. However, the building has existed as is since the early 1900s with no
problems, and staff feels issuance of the variance for the setbacks would not have a negative
impact on the surrounding area. Graham indicated that staff recommends approval of the special
permit and variance requests, subject to the condition that the final site plan meet all applicable
codes.
BOARD OF ADJUSTMENT
February 24,2009 Minutes
It was moved by Mohr, seconded by Goldsberry, to approve the variance to allow 8 parking stalls
instead of the 16 required parking stalls. Motion carried unanimously.
3. Request by the City of Waterloo at 314 I ngan Ave for a variance to the 30' front yard setback
requirement in the "R-3" Multiple Family Residence District, to legalize an existing multi-
family complex to remain in its current location, with a front yard setback of 23.8', 6.2' less
than the minimum required.
Graham gave the staff report, noting that Waterloo Affordable Housing, LLC purchased the
property in late 2006, and was approved for tax credits through the Iowa Finance Authority to
renovate the buildings on the property. As part of receiving the tax credits, HUD (Housing and
Urban Development) needs to make sure that all of the buildings meet all zoning regulations.
The property was surveyed by a local surveyor, and it was noticed that the northern most
building on the property, addressed 314 Logan Avenue, did not meet the 30' front yard setback
that is required in the "R-3" Multiple Residence District. The survey shows that the building has
a front yard setback of 23.8', which is 6.2' less than the minimum required. The building was
constructed in 1972, which is after adoption of the Zoning Ordinance in 1969, so it is unclear how
the building was allowed to be built in its current location. If the building were constructed prior
to 1969, it would be a legal non-conforming structure, but since it was constructed after 1969, it is
in violation of the Zoning Ordinance, and therefore the variance is required. Based on the fact
that the building has been there since 1972 (37 years), and has not received any other complaints,
the request would not appear to have a negative impact on the surrounding area, and would
legalize the property to meet the requirements of HUD. Graham indicated that staff recommends
approval of the request, as it would appear to be unique, as the building has been in its current
location since 1972, without any previous complaints, and it would not alter the essential
character of the neighborhood.
Holdiman questioned if items 4 and 5 could be covered under this request, and Graham
indicated that that would be fine. Graham briefly discussed items 4 and 5, noting that they were
constructed closer than the 30' front yard setback as well, and they were constructed in 1972 as
well.
It was moved by Holdiman, seconded by Goldsberry, to approve the variances to the front
yard setback requirement for the properties located at 314 Logan Ave, 65 Conger St, and 422
Dane St. Motion carried unanimously.
VARIANCE REQUESTS APPROVED.
4. Request by the City of Waterloo at 65 Conger St for a variance to the 30' front yard setback
requirement in the "R-3" Multiple Family Residence District, to legalize an existing multi-
family complex to remain in its current location, with a front yard setback of 19.9', 10.1' less
than the minimum required.
Item discussed and acted on with item #3.
5. Request by the City of Waterloo at 422 Dane.St for a variance to the 30' front yard setback
requirement in the "R-3" Multiple Family Residence District, to legalize an existing multi-
family complex to remain in its current location, with a front yard setback of 20.2', 9.8' less
than the minimum required.
Item discussed and acted on with item #3.
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