Approval of Minutes from October 10, 2017 Meeting

Transcription

1 1. 2. City of Oskaloosa Board of Adjustment Council Chambers City Hall, 220 S. Market Street Oskaloosa, IA Agenda January 23, :00 p.m. Call to Order/Roll Call Chair: Murry ; Members: Campbell ; Comfort ; Landgrebe ; Moore; Approval of Minutes A. Approval of Minutes from October 10, 2017 Meeting Documents: BOA MIN PDF Citizens to be Heard New Business A. Consider a request for a variance from the allowed minimum rear setbacks for the property located at 1000 A Ave West a/k/a Fellowship Bible Church Documents: AGENDA PDF VARIANCE APPLICATION AND PLAN A AVE WEST (FELLOWSHIP BIBLE CHURCH).PDF MAP FOR FELLOWSHIP BIBLE CHURCH.PDF 1000 A AVENUE WEST LOCATION MAP.PDF VARIANCE A AVE WEST.PDF RESOLUTION - APPROVED.PDF RESOLUTION - DENIED.PDF Miscellaneous Business Adjournment NOTICE: If you require special accommodations, please contact the City Manager's Office at least 24 hours prior to the meeting at (641)

2 CITY OF OSKALOOSA MINUTES OF THE BOARD OF ADJUSTMENT MEETING October 10, 2017 The meeting of the Board of Adjustment for the City of Oskaloosa was called to order at 5:05 pm on Tuesday, September 12, 2017 by Chairperson Perry Murry at the City Hall Council Chamber 220 S. Market St. Oskaloosa, Iowa. BOARD MEMBERS PRESENT: Perry Murry, Wyndell Campbell, Charlie Comfort, and Cody Landgrebe; BOARD MEMBERS ABSENT: None; PUBLIC PRESENT: Terry Anderson, Doug Shullaw, and Mike Sereg; CITY STAFF PRESENT: Andrew Jensen, Development Services Director and Christy Schreiner. Minutes from September 12, 2017 Board of Adjustment meeting. Campbell moved and Comfort seconded to approved the minutes of the September 12, 2017 Board of Adjustment meeting as presented. The motion passed unanimously. 1 st item on the agenda: Consider a request for a variance from the allowed minimum setbacks for the property located at 516 3rd Ave East. Murry asked if there were any communications from the public and with none to report Murray opened the public hearing on the variance request. Mike Sereg spoke in support of the variance. He stated that he had torn down a house that was in poor condition and wanted to rebuild a new house on the lot. Mr. Sereg stated that even if the variance is granted, there will still be an adequate setback to pull a vehicle into the driveway without it blocking the driveway. The Board discussed the merits of the variance request. On motion by Campbell, second by Landgrebe, the Board of Adjustment approved the variance request as presented. Vote: Yes: Campbell, Murry, Landgrebe, and Comfort; No: None; Abstain: None. Motion passed. 2nd item on the agenda: Consider requests for a variance from the minimum required amount of parking spaces and a variance to waive the sidewalks required by Oskaloosa Municipal Code for the property located at 1308 A Avenue East. Murray opened the public hearing on the variance requests. Terry Anderson spoke in favor of the requests stating that the property owners can get close to 20 parking spots, but there is no way to get the required 44 parking spots. Mr. Anderson stated that the property owner is not opposed to constructing the sidewalk, but would like to delay the construction of it until the city constructions connecting sidewalks. Jensen said that the proposed parking is far short of the requirement and so cannot recommend granting the variance; however, the proposed project does not increase the demand for parking than the previous use. Jensen said that the sidewalk requirement comes from a relatively new ordinance approved by the city council. Jensen suggested that the question about timing of construction may be a political consideration that could be considered by the Planning and Zoning Commission and by City Council. Doug Shullaw spoke regarding concerns for parking and traffic flow. On motion by Campbell, second by Landgrebe, the Board of Adjustment unanimously approved the requested parking variance. Vote: Yes: Campbell, Murry, Landgrebe, and Comfort; No: None; Abstain: None. Motion passed. The Board of Adjustment chose not to address the sidewalk request, as the issue will be dealt with during the site plan approval process. With no further business, Campbell made a motion and Comfort seconded to adjourn the meeting at 5:47 PM. Minutes by: Andrew Jensen

3 Board of Adjustment Commission Meeting Date: January 23, 2018 Requested By: Development Services Dept. Item Title: Consider a request for a variance from the allowed minimum rear setbacks for the property located at 1000 A Ave West a/k/a Fellowship Bible Church. Explanation: Applicant has submitted a variance request for a reduction in allowed minimum rear yard setbacks from the required 25 feet to 22.5 feet for the property located at 1000 A Ave West. The property is zoned Urban Commercial (UC) District. This is a request for a variance of the Oskaloosa Municipal Code (Table C), minimums allowed are 25 front yard, 15 street side yard, 7 interior side yard and 25 rear yard. Allowing the new addition to sit 22.5 feet from the property line will not detract from the overall feel or appearance of the neighborhood. With the church occupying the entire city block, there would be no impact to the adjacent neighbors. The new facility, along with the planned landscaping improvements will enhance the visual appeal of the area. STAFF RECOMMENDATION: Staff recommends that the Board of Adjustment APPROVE the variance request. ALTERNATIVE ACTIONS: 1. Approve the requested variance. 2. Other actions as determined by the Board of Adjustment. Budget Consideration: $ for application fees Attachments: Agenda, Application, Plans, Resolution(s), Location Map, Oskaloosa Municipal Code Section (Table 17.08C)

4

5

6

7

8 N J St N I St Board of Adjustment Variance Request DATE CREATED: A Ave W (Hwy 92) A Avenue 111West F Feet High Ave W

9

10 RESOLUTION A RESOLUTION OF THE CITY OF OSKALOOSA BOARD OF ADJUSTMENT APPROVING VARIANCES FOR THE PROPERTY LOCATED AT 1000 A AVENUE WEST. WHEREAS, the City of Oskaloosa Board of Adjustment at the regular meeting on January 23, 2018, held a public hearing to consider a request from the property owner for variance requests for the property located at 1000 A Ave West to allow reductions in the minimum rear setbacks allowed by the Oskaloosa municipal code; and WHEREAS, Oskaloosa Municipal Code table (17.08 C) requires a minimum of a 25 foot front yard, 15 foot street side yard, 7 foot interior side yard and 25 foot rear yard setbacks from the property line in an (R-2) Urban family residential district; and WHEREAS, the Board of Adjustment has found that to deny said application would place a hardship on said applicant and that said request should be granted; NOW, THEREFORE, BE IT RESOLVED that the City of Oskaloosa Board of Adjustment hereby approves the Variance Request Application subject to the following conditions: 1. The resolution authorizing the variance may be declared null and void upon findings by the Board that the applicant has failed to comply with any of the foregoing conditions. 2. The subject property shall be required to comply with all building and zoning code requirements, except the minimum setbacks approved by the board. 3. The Development Services Department is hereby directed to issue a permit to said applicant for said purpose. 4. If this structure is destroyed due to a natural or manmade disaster, then the reconstruction shall comply with the City of Oskaloosa code. 5. This variance shall become null and void six (6) months from approval date if work has not commenced. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Adjustment of the City of Oskaloosa at the regular meeting held on January 23, 2018 Chair of the Board of Adjustment ATTEST: Secretary Date Moved by seconded by that the foregoing Resolution be adopted. YEAS: NAYS: ABSTAIN: ABSENT:

11 RESOLUTION A RESOLUTION OF THE CITY OF OSKALOOSA BOARD OF ADJUSTMENT DENYING A VARIANCE FOR THE PROPERTY LOCATED AT 1000 A AVE WEST. WHEREAS, the City of Oskaloosa Board of Adjustment at the regular meeting on January 23, 2018, held a public hearing to consider a request from the property owner to deny a variance request for the property located at 1000 A Ave West for a reduction of the minimum rear setbacks allowed by the Oskaloosa Municipal Code; and WHEREAS, the Board of Adjustment has found that to deny said application would not work a hardship on said appellant and that said application should not be granted; NOW, THEREFORE, BE IT RESOLVED that the City of Oskaloosa Board of Adjustment hereby recommends denial of the Variance Request Application. I HEREBY CERTIFY that the foregoing resolution was denied by the Board of Adjustment of the City of Oskaloosa at the regular meeting held on January 23, Chair of the Board of Adjustment ATTEST: Secretary Date Moved by seconded by that the foregoing Resolution be denied. YEAS: NAYS: ABSTAIN: ABSENT: