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HomeMy WebLinkAbout06/24/2008 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON JUNE 24, 2008, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Holdiman called the regular monthly meeting of the Waterloo Board of Adjustment to order on Tuesday,June 24,2008, at 4:00 p.m. Board members in attendance were: Holdiman,Anfinson, Mohr, Mixdorf and Goldsberry. Staff in attendance was Noel Anderson, Aric Schroeder and Shane Graham. There were 5 people from the public in attendance. I. nr June 74 7008, It was moved by Anfinson, seconded by Goldsberry, to approve the agenda as submitted. Motion carried unanimously. II. Approval of_the_Minutes_aLthe_Regular_MeetingfonMay 29,2008.. It was moved by Mixdorf, seconded by Mohr, to approve the minutes as submitted. Motion carried unanimously. III. fecicion Items 1. Request by Iowa Northern Railway at 1330 .Sheffield Ave for a variance to the 8' maximum height limit for a fence to allow for the construction of a 10' tall chain link fence. Graham gave the staff report, noting that the applicant is proposing to construct a 10' chain link fence with 3 rows of barbwire around the property in question, in order to better protect their property. Currently, the Zoning Ordinance restricts the maximum height of fences for industrial uses to 8' in height, so the variance is needed, as the 10' tall proposed fence exceeds the height limit by 2'. Staff has been working on some modifications and changes to the Zoning Ordinance, of which one would be to increase the maximum height allowed for a fence for non-residential uses up to 10'. However, that change has not been adopted, so 8' is the current height limit. The request to exceed the 8' tall height limit for a fence for an industrial use would not appear to have a negative impact on the area, as the property is surrounded by industrial uses, and is located in an industrial area. The fence also would not obstruct any views, as it is a chain link fence. Graham indicated that staff recommends approval of the request, as it would appear to be unique, as staff is proposing an amendment to the Zoning Ordinance, which would make the proposed 10' tall fence legal, and the request would not have a negative impact on the neighborhood or traffic. Mohr questioned if the babe wire was included in the 10' fence height or if it was above 10', and Dan Tiegman with Iowa Northern Railway noted that the fence height would be 10', and the barbwire would be 1' above that. Schroeder noted that the variance should then be for an 11' tall fence. Tiegman noted that they have had problems with people dumping trash on their property, and want to better protect it and keep the area clean. It was moved by Mixdorf, seconded by Mohr, to approve the variance to allow for an 11' tall fence, due to the fact that it wouldn't have a negative impact on the area. Motion carried unanimously. VARIANCE REQUEST APPROVED. BOARD OF ADJUSTMENT June 24,2008 Minutes 2. Request by the City of Waterloo at 327 W 3rd St for a variance to the "C-3" Commercial District Roof Sign provision only allowing roof signs on multi-story buildings, and a variance to the Highway 218 Corridor Overlay District roof sign regulations, to allow for the construction of two 260 SF roof signs on a one-story building (Public Market Building). Schroeder gave the staff report,noting that the City of Waterloo recently completed the "Waterloo Downtown Redevelopment Master Plan", which divides the downtown area into districts and lays out a plan for short and long term redevelopment and revitalization of Waterloo's downtown and riverfront area. The Waterloo RiverLoop Expo, which includes an exhibition grounds and public market, is identified in the "Master Plan" as an "Economic Expansion Zone", which calls for this area to be developed into a "multi-use outdoor facility". The City owns all of the area in question, and has recently demolished multiple buildings as part of the redevelopment. There are two privately owned properties within the two-block area that would remain, including MidWest One Bank and Community National Bank, and one City-owned building that would be converted into the public market building (former Chemlawn building located at 327 W 3rd St at the corner of W 3rd Street and Washington Street). The public market area would provide space for local food producers to bring their business to the downtown, and would serve as a community space to gather and enjoy the downtown and regional products. The rest of the area would be utilized for the exhibition grounds and outdoor exhibit space. This area would create the outdoor space necessary to attract trade shows and conventions to Waterloo, and would draw residents to the downtown area for community festivals and markets. This area would also serve as a link to other downtown destinations. Schroeder noted that in February, the Design Review Board and Board of Adjustment approved a variance to allow a 53'4" tall sign tower with an approximate 80 SF of signage consisting of the wording "RiverLoop Expo" and a logo, and additional gateway signage for the primary entries to the Expo. With that variance request, it was noted that there would be roof signage on the public market building located at 327 W 3rd St, and the conceptual plans showed such roof signage, however there were no additional details provided at that time, and it was not included in the variance approval. Schroeder indicated that the sign regulations for the "C-3" Commercial District allow for roof signs when on a multi-story building of five or more stories, whereas the building in question is only 1- story tall. The sign regulations for the "H-C" Highway 218 Corridor Overlay District only allow roof signs if there is insufficient area for a wall sign, and if the building has a pitched roof and the roof sign does not project above the peak of the roof, whereas the building in question has a flat roof. Under the requirements of the currently adopted Zoning Ordinance, the variance to the sign requirements is required. Under a proposed amendment to the Zoning Ordinance, which is currently under review and has been recommended for approval by the Planning and Zoning Commission but has not yet been acted on by the City Council, a provision would be added to the sign regulations, providing an exemption to the sign regulations for "signs erected by, or on behalf of, or pursuant to the authorization of the City Council or other state or federal governmental body". However, the City is requesting approval of the variance as it is unknown what the timeframe on approval of the amendment will be. Schroeder indicated that staff recommends approval of the request, as it would appear to be unique given the location, size and layout of the site, it would have a positive impact by catalyzing the downtown revitalization effort, and it is in conformance with the Future Land Use Map and the Waterloo Downtown Master Plan Update. Anfinson commented that he didn't see the rationale in exempting the city from the sign regulations. It was discussed that the issue at hand is not about whether the city should be exempt from the signage regulations or not, but just on the appropriateness of the roof signs at this location. 2 BOARD OF ADJUSTMENT June 24,2008 Minutes It was moved by Mixdorf, seconded by Goldsberry, to approve the variance request to allow the 2 roof signs, based on the location and layout of the site. Motion carried unanimously. VARIANCE REQUEST APPROVED. 3. Request by Dixie Smith at 2420 Kaiser Ct for a 6-month temporary variance to the home occupation requirements to allow for a dance school. Graham gave the staff report,noting that the applicant currently operates Dixie's School of Dance & Tumbling at 316 W 3rd St in downtown Waterloo, of which the building was flooded out during the recent floods. The applicant is in the middle of teaching some summer courses, and with the building being flooded out,has nowhere to teach. The applicant has requested a 6- month temporary variance in order to move her classes to her house at 2420 Kaiser Ct until the building on W 3rd St can be restored and the classes will then be moved back. Graham noted that prior to locating the school at 319 W 3rd St, the school used to be illegally run out of the home in question until the city was made aware of it. "Dance instruction" is listed in the Ordinance as a use that does not qualify as a home occupation, due to its tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the applicant applied for a rezone from"R-2" to "C-Z" Conditional Zoning to allow for the use, but that was denied by the City Council on October 15, 1990. Traffic was a major complaint from the neighbors at that time, as well as the fact that it is a residential area and a dance school did not fit in the neighborhood. While those same concerns may be at issue with this request, it is for a temporary time frame only, until the existing building can be repaired from the flood damage. Graham indicated that staff recommends approval of the request, as it would be for a temporary time frame only, until the flood-damaged building can be repaired. Dixie Smith,owner of Dixie's School of Dance,noted that Operation Threshold had a bid on the building before the flood, and has already started ripping out the carpet and they have indicated that they will remodel it. Smith noted that the home is up for sale, as she has already purchased another home and is in the process of moving. Smith noted that it would be for a temporary time frame only. Mixdorf questioned if she moved to the new house, if the classes would still be taught from the house on Kaiser Ct, and Smith answered that she would still teach in the house until she can get back into the flood damaged building. Smith noted that she teaches small classes, with no more than 6 kids per class and not exceeding 10 years in age. Anfinson questioned if staff had received any phone calls on the request, and Schroeder indicated that he had received 2 phone calls. Matt Gardner, 104 Bruce Ln, indicated that he was concerned about the increased traffic in the area. Gardner suggested that if the variance were approved, it should only be good for 90 days at most. Gardner suggested that Ms. Smith ask for the variance at her new house if she wont be living at the house on Kaiser Ct. Amy Burch, 2425 Kaiser Ct, indicated that the applicant originally told her that the request would only be for 2 months, and now it is for 6 months. Burch indicated concerns with traffic safety due to the amount of kids in the neighborhood. Smith noted that the request was originally for 2 months, but staff suggested a 6-month variance. Smith indicated that she has a policy of not having more than 7 kids per class. Smith indicated that she does not want any variance extensions on the property. Mixdorf questioned if any classes have already started, and Smith indicated that classes have started at the downtown building, but are now on hold. Mixdorf questioned how many classes are taught, and Smith indicated that she teaches 3 classes 2 nights a week,with one class having 2 students, another having 3 students, another having 6 students and another 3 BOARD OF ADJUSTMENT June 24,2008 Minutes having 4 students. Smith noted that classes start at 3:00 p.m. and end by 7:00 p.m. Joan Gardner, 2043 Westview Ave, noted concerns with traffic, and questioned where cars would park if there were other events going on in the neighborhood. Mohr commented reducing the variance to 3 months, and Anfinson agreed. Schroeder indicated that conditions could be attached if it were to be approved, such as parking, hours of operation,number of students, etc. Gardner questioned who would enforce those conditions, and Schroeder indicated that staff or Code Enforcement would enforce them. Gardner questioned who would be liable if there was an accident, and Schroeder noted that a judge would likely determine that. It was moved by Anfinson, seconded by Goldsberry, to approve a 3-month temporary variance, with the understanding that there will not be any extensions, based on the uniqueness of the situation, including the flooding. Subject to the condition of no more than 6 persons per class and being completed by 8:00 p.m.Motion carried unanimously. TEMPORARY VARIANCE REQUEST APPROVED. IV. Dicciicainn TtPms Anderson talked about the recent floods and the potential for properties that may need variances to repair or rebuild, which would have to be approved by the Board and the Iowa Department of Natural Resources. Anderson wanted the board to be aware that such requests may come before them in the near future. V. Adjournment It was moved by Anfinson, seconded by Mohr, to adjourn the meeting at 5:06 p.m.Motion carried unanimously. Respectfully submitted, Shane M. Graham, Planner II 4