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HomeMy WebLinkAbout03/25/2008 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON MARCH 25, 2008, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Holdiman called the regular monthly meeting of the Waterloo Board of Adjustment to order on Tuesday, March 25, 2008, at 4:00 p.m. Board members in attendance were: Holdiman, Anfinson, Mixdorf and Mohr. Board member not in attendance was Goldsberry. Staff in attendance was Aric Schroeder and Shane Graham. There were 4 people from the public in attendance. I. Apprnval of the Agendafar March 7. , 7f)0R It was moved by Anfinson, seconded by Mohr, to approve the agenda as submitted. Motion carried unanimously. II. Apprnval of the Minutes of the Regular Meeting on February 26, 9008. It was moved by Mixdorf, seconded by Mohr, to approve the minutes as submitted. Motion carried unanimously. III. necicinn Ttems 1. Request by the International Church of the Foursquare Gospel at 909 Independence Ave for a special permit to allow for the expansion of the existing religious facility, and a variance to the 26' setback requirement for a religious facility, to allow for the building to have a setback of 0' from the west property line. Graham gave the staff report, noting that the applicant is proposing to purchase the 8,377 SF building at 909 Independence Avenue in order to expand their existing religious facility located adjacent to the west at 907 Independence Avenue. The property was previously used as a pawnshop,which many times had items sitting outside of the building. The property at 907 Independence Avenue was approved for a special permit to establish a religious facility on 8/23/05, and now the applicant wants to purchase the adjoining building for expansion. At the present time, the applicant proposes to utilize only a 750 SF portion of the building to be used for a youth game room, while the rest of the building would not be utilized. The two buildings actually touch each other, although they are on separate properties, and a fire door would be constructed to connect the two buildings, and walls created to divide off the 750 SF. Based on the 750 SF of area that the applicant plans on using in the building, the Building Inspections Department has determined that the maximum occupancy is 50 persons. Graham indicated that the Zoning Ordinance requires that a religious facility provide 1 parking stall per 4 seats of maximum occupancy, and therefore, 13 parking stalls would be required. The applicant has not provided the number of parking stalls that exist on the property, however there would appear to be enough parking on the site to accommodate that many vehicles. Graham noted that a variance would also be required 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 13' tall, and therefore the setback must be 26' from all property lines. It would appear that the building is located right on the property line, so the variance is required. Since the building has existed for some time, the variance request would not appear to have a negative impact on the neighborhood. Graham noted that the Planning &Zoning Commission reviewed the request at their regular meeting on March 4, 2008, in which the special permit was recommended for approval. Graham BOARD OF ADJUSTMENT March 25,2008 Minutes to have a negative impact on the neighborhood, and could prevent any accidents from happening in the future. Graham indicated that staff recommends approval of the request, as it would appear to have a positive impact on the area and would better serve the needs of the community, and it is in conformance with the Comprehensive Plan and all other requirements of the Zoning Ordinance, and subject to the condition that the final site plan meet all applicable City codes, including but not limited to drainage, landscaping, etc. Geoff Grimes with Struxture Architects spoke on the request,noting that the school district has a policy of not allowing shrubs or trees near the building, as they become a place for students to hide in and it is a safety issue. It was moved by Mohr, seconded by Mixdorf, to approve the special permit to allow for the redevelopment of Kittrell Elementary School, including the construction of a new 73,362 SF school building with a 105-stall parking lot, located southeast of the existing school, and request to waive the screening requirement for parking lots that adjoin a Residence District since it is located across a street, subject to the final site plan meeting all applicable codes and ordinances.Motion carried unanimously. SPECIAL PERMIT & SCREENING WAIVER REQUEST APPROVED. 3. Request by Tim Harris on behalf of Ascension Lutheran Church at 2211 Maynard Ave for a variance to the 5' setback requirement for a parking lot, to allow for the recently constructed parking lot expansion to remain at zero lot line along the north property line. Graham gave the staff report, noting that the church has been in the process of expanding, and as part of that expansion, added onto the existing parking lot at the north end of the property. The applicant claimed that the church had talked with someone in the Planning & Zoning Office (see attached narrative), who stated that the parking lot could be constructed up to the property line,however the Zoning Ordinance has a 5' setback requirement from the parking lot to the property line. Staff is not aware of anyone making that statement to the applicant, and the parking lot addition was constructed up to the northern property line instead of meeting the required setback. Staff does recall discussing and signing off on a 14'x.56' building addition, however the approved site plan for the addition did not show a parking lot expansion. It wasn't until after the parking lot was constructed that staff was informed of the illegal parking lot expansion. Staff then sent a letter to the church explaining the violation,which lead the church to apply for the variance instead of removing a portion of the parking lot to come into compliance. Graham noted that the property is located at the southeast corner of Greenhill Road and Maynard Avenue. There is a large park located directly to the north, Greenhill Road to the west, and a short dead-end street with 12 homes on it to the east. The church also owns all of the land to the south. There is no sidewalk located along the south side of Maynard Avenue, which could lessen any negative impacts that the parking lot could have on the area, as pedestrians would not be coming in close contact with the parking lot. Also, the expanded parking lot is located approximately 100' from the nearest residence to the east, as well as there being a row of trees along the east property line to help screen the parking lot,which may also lessen any negative impacts that the parking lot may have on the area. Graham indicated that staff recommends approval of the request, as the parking lot is located a significant distance from any other uses, is screened from the properties to the east by a row of trees, and there would still appear to be 12' from the property line to the road to not impede any line of sight and the 3 BOARD OF ADJUSTMENT March 25,2008 Minutes are other hotels in the area that have similar heights and setbacks, and the proposed development would appear to be compatible with existing developments, and subject to the condition that final site plan meets all applicable city codes, regulations, etc. including, but not limited to, drainage, landscaping, etc. Bruce Radue with VJ Engineering noted that he would answer any questions that the Board may have. Anfinson questioned the height of the building, as the site plan shows 63' to the peak, and Graham explained that the height of a building is measured to the midpoint of the roof between the top of the sidewall and peak, so although the peak of the roof is 63', the actual height by Ordinance definition is 54'. It was moved by Mixdorf, seconded by Anfinson, to approve the variance to the 25'parking lot setback requirement in the "H-C"Highway 218 Corridor Overlay District, to allow for a parking lot setback of 10', a variance to the 50'front yard setback requirement for a hotel in the "M-1" Light Industrial District, to allow for a setback of 35.73', and a variance to the 48'maximum height limit in the "M-1"Light Industrial District, to allow for a building height of 54'.Motion carried unanimously. VARIANCE REQUESTS APPROVED. IV. nicenccinn Items There were no discussion items. V. Adjournment It was moved by Anfinson, seconded by Mohr, to adjourn the meeting at 4:33 p.m.Motion carried unanimously. Respectfully submitted, Shane M. Graham, • Associate Planner 5