LINN COUNTY BOARD OF ADJUSTMENT. Jean Oxley Public Service Center nd Street SW, Cedar Rapids, Iowa. MINUTES Monday, November 23, 2015

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1 LINN COUNTY BOARD OF ADJUSTMENT Jean Oxley Public Service Center nd Street SW, Cedar Rapids, Iowa MINUTES Monday, I. QUORUM DETERMINED: The meeting was called to order at 6:30 p.m. by Chairperson Pat Harstad. The meeting was held in the Jean Oxley Public Service Center, nd Street SW, Cedar Rapids, Iowa. PRESENT: Herb Stone 12/31/18 Pat Harstad, Chair 12/31/15 Dave Machacek, Vice Chair 12/31/17 Janet Manatt Pilcher 12/31/16 ABSENT: Veronica Cerka 12/31/17 STAFF: Les Beck, Director Beverly Hayden, Recording Secretary See attendance sheet for community sign in. II. OLD BUSINESS III. NEW BUSINESS JSE Les Beck Donald & Jennifer Wehrkamp; Owners Special Exception from front yard setback Beck presented the staff report. The applicant is proposing construction of an accessory building to be located in front of the existing home at 2673 Wapsi Ridge Drive. The building, as proposed, will extend into the front yard setback by twenty five (25) feet. The required front yard setback is fifty (50) feet in the RR1 (Rural Residential 1-acre) district. Significant slopes, mature trees, and the location of the existing septic field pose practical difficulties to locating the proposed accessory building within the required setback. Alternative locations are limited by slope, and the septic system would need to be relocated to move the building to comply with setback requirements. The applicant had survey work performed to determine the front property line and the required fifty (50) foot setback line; the proposed building location is twenty five (25) feet from the front property line.

2 Page 2 of 5 Staff recommends approval of application JSE , as it appears that a practical difficulty has been demonstrated. JSE Les Beck Donald & Jennifer Wehrkamp; Owners Special Exception from accessory building size Beck presented the staff report. The applicant is requesting a special exception to the maximum allowable size for an accessory building in the Rural Residential 1- acre (RR1) zoning district found in Article 5, Section 4, Subsection 3 (b)(i). The maximum allowable size for an accessory building is 2,400 square feet for parcels 5.00 to 9.99 acres in the RR1 zoning district. The applicant is requesting to construct a 3,000 square foot accessory building. The proposed accessory building size of 3,000 square feet is 600 square feet larger than the maximum allowed accessory building for a parcel of this size in the RR1 zoning district. The applicant has indicated that he does not have enough room for his vehicles, camper, and personal items. Staff concludes that the circumstances cited by the applicant are not unique to the property and are not related to the property itself. Staff recommends denial of this application due to the proposal not meeting the required standards for approval of a special exception. Manatt Pilcher questioned what practical difficulties would be necessary for the size of the building. Beck advised staff did not believe there were practical difficulties; hence the recommendation for denial on the size of the building. Machacek asked if the owners agreed to the 2,400 sq. ft. tonight, could the Board pass the special exception? Beck explained if the owners limit the size of the building to 2,400 sq. ft. then the special exception is not needed for this case because the building would comply with the allowable size regulation in the RR1 district. Stone wondered if the building was shaped differently, would it be able to adhere to the 50 setback. Beck commented that the building design could be a consideration in the Board s deliberations. If the building was smaller by the 10, then the setback could be 35, but it would still need special exception approval. Don Wehrkamp, 2673 Wapsi Ridge Dr, the applicant, wanted to thank the Board for hearing his case and thought Les Beck did a wonderful job presenting this case and summarizing the area. This property is on a private, dead-end road; they are the 5 th house within 10 houses on the road and each lot has 5-6 acres. The lots are heavily wooded and separated visually from each other and are in a secluded area. The first case is in regards to the 50 setback and Wehrkamp is requesting a reduction to a 25 setback. With the topography of the land, and the septic area beside the house, he is unable to move the building back any further than what is indicated. Carolyn Siebrecht came out to the property to look at different locations and it was agreed that this location was the best solution. Wehrkamp has talked with Steve Gannon regarding a driveway

3 Page 3 of 5 for this building and Gannon would approve a second driveway once a driveway permit was obtained. With regard to the proposed size of the building, Wehrkamp stated he has a 42 camper that he would like to put inside and have a little room in front and behind the camper. Regarding the second case, he is requesting an additional 600 sq. ft. for his 50 X 60 building. This building will be a conventional stick-built building with full foundation. Wehrkamp believes it will enhance the appearance of the neighborhood as his items will be inside the building instead of outside. Wehrkamp does have the support of the neighborhood and has written letters from each neighbor supporting both the setback and the size of the building except for one that has left the area for the holidays. Wehrkamp believes this will be an enhancement to his property and the neighborhood, and given the fact that the properties are secluded and on a dead-end road, he hopes the Board will approve both cases and allow him to build the size of building he needs. Stone asked Wehrkamp what he will have inside the building. Wehrkamp responded he currently has many of his items at other locations and he would like to bring them home and store them inside this building. He has a 42 camper, a car trailer, snowmobiles and a trailer for the snowmobiles, an ATV, log splitter, lawn mower, garden tiller, and another vehicle. He wants to put a work bench on the west wall. He presented a drawing to the Board for their review. Manatt Pilcher asked Wehrkamp if the building would be bigger than his house. He stated yes, but since the front yard is heavily wooded, he didn t think you could see the building and the house at the same time. Stone questioned if the building would have a sloped roof and what the slope would be. Wehrkamp responded the roof would be a 4/12 pitch, with an overhead door at 14 and the side walls at 16. Stone thought the roof would be 13 to 14 feet high and the overall building would look disproportionally large. If the contents of the building could be rearranged and the building smaller, the height of it would be lower. Stone asked if he thought about changing the direction of the building and have it 40 X 60 with the doors on the west side versus the south. Wehrkamp advised the land to the west drops off 8-10 feet, it would take a lot of cement for a driveway which would look worse than the building. Manatt Pilcher wondered if any of their neighbors had a large building by the road. Wehrkamp advised the neighbor had a 40 X 60 building. Manatt Pilcher asked what Wehrkamp would do if the building size was not granted. He is undecided what he would do. Stone asked Beck if they could respond to the second exception first and the first exception second. If they don t approve the size of the building, there would not be a reason to approve the setback requirements. Beck responded by saying if the size request is denied, there is still an argument to make the case for the setback exception. The Board could approve the 25, increase the setback requirement, or deny the special exception. Beck asks the Board make their decision based on the standards that are in the ordinance for either granting or denying these exceptions.

4 Page 4 of 5 Larry Lacy of 2674 Wapsi Ridge Drive stated he was a neighbor. He had sent an to Planning & Development stating he was in support of the setback request and the building size request. They have more cars than their current garage will hold and it would look better for the neighborhood if his trailers and equipment could be inside. He is concerned if the building is built smaller, Mr. Wehrkamp s trailers will be sitting in front of the building. Gary Millard of rd St S, Coggon, expressed a concern that he did not get a notice for this case or the case from last month. He has no objection to either case. Beck stated we send letters to the surrounding property owners within a 500. Jennifer Wehrkamp, 2673 Wapsi Ridge Dr., wanted to stress that the neighbors all wrote a letter of support except for one property that is for sale. They have all seen the design and location of the building and are in full support. Beck gave a closing statement. He is glad the Wehrkamps have the neighbors support, but the Board is obligated to make their decision based on the standard in the ordinance and that all standards have been met on each of these requests in order to approve them. Manatt Pilcher asked where these building standards came from. Beck advised the size limitation was adopted to try to maintain the residential character of the residentially-zoned districts. It was based on an analysis of building sizes from permits issued over several years and the size of the parcel. The larger the parcel, the larger the accessory building can be. Wehrkamp wanted to thank the Board and thanked Beck. Machacek appreciated Mrs. Wehrkamp s comments and the support of the neighbors regarding the private road and the seclusion of this property. Manatt Pilcher stressed again if we allow the size request for this case, we should allow it anywhere and the Board cannot do that because they need to follow the rules. Motion by Machacek to accept the Findings of Fact, Conclusions of Law, and Decision & Order as reflected in the staff report for the Special Exception, and to approve case JSE Second by Manatt Pilcher. Cerka Manatt Pilcher Stone Harstad Machacek Absent Motion by Stone to accept the Findings of Fact, Conclusions of Law, and Decision & Order as reflected in the staff report for the Special Exception, and to deny case JSE Second by Manatt Pilcher. Manatt Pilcher Stone

5 Page 5 of 5 Harstad Machacek Cerka Nay Absent IV. OTHER BUSINESS V. APPROVAL OF MINUTES The minutes of October 28, 2015 Board of Adjustment meeting were approved as submitted. VI. ADJOURNMENT The meeting was adjourned at 7:36 p.m. Respectfully submitted, Pat Harstad, Chair Beverly Hayden, Recording Secretary