HomeMy WebLinkAbout12/23/2008 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON
DECEMBER 23, 2008, IN THE COUNCIL CHAMBERS, CITY HALL
Chairperson Holdiman called the regular monthly meeting of the Waterloo Board of
Adjustment to order on Tuesday, December 23, 2008, at 4:00 p.m. Board members in
attendance were: Anfinson, Goldsberry, Mohr and Holdiman. Member absent was Mixdorf.
Staff in attendance was Shane Graham. There were 2 people from the public in attendance.
I. Approval of the A• -twin for December 7.1, 7008
It was moved by Anfinson, seconded by Mohr, to approve the agenda as submitted. Motion
carried unanimously.
II. Approval of the Minutes of the Rea filar /Teetin nn November 25, 9ff1R
It was moved by Anfinson, seconded by Goldsberry, to approve the minutes as submitted.
Motion carried unanimously.
III. Derision Items
1. Request by Gene Geiger at 804 Nevada St for a variance to the 6,000 SF minimum lot size
requirement in the "R-2" One and Two Family Residence District, and a variance to the 35%
maximum lot coverage requirement, to allow for the re-establishment of a non-conforming
lot, with a lot size of 4,130 SF, 1,870 SF less than the minimum required, and a total lot
coverage of 1,597 SF (38.7%), 152 SF more than the maximum required.
Graham gave the staff report, noting that the applicant purchased the property several months
ago, of which the property is one parcel, part of which is zoned residentially and part zoned
commercially. It would appear that the lot was combined in 2004, of which previously the
residentially zoned area around the home was a parcel on its own, and the area zoned
commercially was a parcel of its own. The applicant is proposing to split the lots back into the
two lots that they previously were prior to 2004. However, the parcel with the home on it was a
legal non-conforming lot, as it did not meet the minimum 6,000 SF lot size requirement and had
more than 35% of the lot covered with structures. Once the lot was combined, it took away the
legal non-conforming status of the property, and now it cannot be split back into its original lots
unless a variance is approved. The lot with the home would be 4,130 SF,which is 1,870 SF less
than the minimum lot size of 6,000 SF required in the "R-2" District. The proposed lot would
have a 1,021 SF house and 576 SF garage,for a total of 1,597 SF of structures. The maximum lot
coverage for a lot is 35%, of which for the proposed lot would be 1,445 SF; therefore the lot
would be over the 35% maximum lot coverage by 152 SF. Based on the fact that nothing would
change with the residential property other than putting it back onto its original lot, the request
would not appear to have a negative impact on the area and would seem to be unique. Graham
indicated that staff recommends approval of the request, as there would appear to be the
uniqueness of the lot previously being a legal non-conforming lot, and nothing else would
change with the lot, and the request would not appear to have a negative impact on the
surrounding area.
Anfinson questioned why the parcels were combined in the first place, and Larry Buchholz with
Ament Engineering indicated that Max Guernsey combined the parcels in 1984. Buchholz
indicated that there is no access to the detached garage from the north. Anfinson questioned if a
commercial use could be constructed on the lot as it sits, and Graham indicated that one could
as long as it met all other requirements of the Zoning Ordinance. Graham indicated that the
applicant plans to sell off the parcels separately, and that is why the variance is being requested.