Archive for Zoning Board of Adjustment – Minutes

Minutes Carlisle Zoning Board of Adjustments 28 June 2018

28 June 2018

Minutes, Carlisle Zoning Board of Adjustment, 6 December 2017

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

WEDNESDAY, 6 DECEMBER 2017

CARLISLE CITY HALL

Chairperson Crowder called the meeting to order at 6:31 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Paul Thoman, Jerry Jones, Tim Crowder, Daphne Sayers and Mark Zirkelbach

ABSENT: None

Motion by Sayers, seconded by Jones to approve the meeting minutes for Wednesday, 23 August 2017. Motion carried unanimously.

At 6:32 PM, Chairman Crowder opened the Public Hearing on Application from City of Carlisle for variances on the required front yard, rear yard, and north side yard setbacks for a lot in the a M-1 Light Industrial District. The variances requested is 8 feet for the front yard (a forty-five-foot setback is required), 30 feet for the rear yard (a fifty-foot setback is required), and a 20-foot setback on the north side yard (normally a 30-foot side yard setback is required). The property is located at 30 Market Street with a legal description of “3-77-23 CARLISLE OTP LOTS 1 & 2 BLK P”. Lent explained that the City obtained the property through court order and removed the house and garage on the lot. Iowa Concrete Leveling has agreed to purchase the lot for $25,000 if the variances would be granted so they can build on the property. Concern was expressed over sight clearances at the corner of Market and Garfield since drivers appear to go fast around the corner. Lent proposed that a stop sign could be placed at the corner to slow down traffic. No public comments were made. At 6: 33 PM, Chairman Crowder closed the public hearing.

Motion by Jones, seconded by Zirkelbach to approve the variances requested is 8 feet for the front yard (a forty-five-foot setback is required), 30 feet for the rear yard, and a 20 foot setback on the north side yard with a stop sign to be placed at the corner should sight clearance hampered by any future building. Motion carried unanimously

Discussion took place on the next meeting to determine action on a variance request for a smaller setback on a detached garage at 825 N 5th Street. Consensus was to have the meeting on Thursday, December 28, 2017 at 6:30 PM.

Motion by Sayers, second by Thoman to adjourn at 6:38 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Carlisle Zoning Board of Adjustment, 23 August 2017

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

 MINUTES

WEDNESDAY, 23 AUGUST 2017

CARLISLE CITY HALL

Chairperson Crowder called the meeting to order at 6:30 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Paul Thoman, Jerry Jones, Tim Crowder, Jen Yates, Daphne Sayers and Mark Zirkelbach

ABSENT: None

Motion by Zirkelbach, seconded by Yates to approve the meeting minutes for Wednesday, 19 July 2017. Motion carried unanimously.

At 6:30 PM, Chairman Crowder opened the Public Hearing on Application Variance Requests from Charles Peterson on the Required Frontage Required for a Lot in R-2 Residential District with a legal description of “Parcel Q, Outlot 50, Carlisle Outlots”. City Administrator Lent explained that the application for the variance was due to the width of the lot being 56.44 feet wide and the required lot width in an R-2 Residential District was 60 feet.

Lent referenced a letter submitted by Neil Ruddy, resident at 135 S 5th Street stating that the city zoning ordinance stated that the width of the lot was determined at the front yard setback. Thus, for only 30 feet back from the front property line, the lot needed to be 60 feet. The situation could be remedied if Mr. Peterson was to get a 5 foot by 30 foot piece of property from his neighbor to the north (Ruddy) or neighbors to the south (Farrell). The situation does not actually dictate that a hardship exists since the situation can be remedied in this manner.

Charles Peterson, owner of the lot, stated the lot is about 1 acre and the lot is large enough for a suitable house.

Steve Miller from Coldwell-Banker noted that several variances had been granted for smaller lots. No negative impact from the variance request, but there would be a positive impact. No future variances would be needed for side yard setbacks. Jeff Farrell, 215 S 5th Street was concerned about location of a fence on his property which this variance would not affect.

Discussion by the board centered on the fact that the lot was approved by the Planning and Zoning Commission and the City Council in 2008 as a valid lot in a R-2 Residential District. Determination of the hardship is that it is not sellable or buildable with the smaller frontage.

Motion by Yates, seconded by Sayers to approve closing the public hearing at 6:42 PM.

Motion by Thoman seconded by Sayers to grant the variance and allow the lot to be buildable with a lot frontage width of 56.44 feet. Motion carried unanimously on a roll call vote. Motion carried unanimously.

Motion by Sayers, second by Jones to adjourn at 6:46 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Zoning Board of Adjustment, 19 July 2017

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

WEDNESDAY, 19 JULY 2017

CARLISLE CITY HALL

Chairperson Crowder called the meeting to order at 6:30 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Paul Thoman, Jerry Jones, Tim Crowder, Jen Yates, Daphne Sayers and Mark Zirkelbach

ABSENT: None

Motion by Jones, seconded by Yates to approve the meeting minutes for Wednesday, 12 April 2017. Motion carried unanimously.

At 6:30 PM, Chairman Crowder opened the Public Hearing on Application from City of Carlisle for variances on the required front yard, rear yard, and north side yard setbacks for a lot in the a M-1 Light Industrial District. The variances requested is 8 feet for the front yard (a forty-five foot setback is required), 30 feet for the rear yard (a fifty-foot setback is required), and a 20 foot setback on the north side yard (normally a 30-foot side yard setback is required). The property is located at 30 Market Street with a legal description of “3-77-23 CARLISLE OTP LOTS 1 & 2 BLK P”. Lent explained that the City obtained the property through court order and removed the house and garage on the lot. Iowa Concrete Leveling has agreed to purchase the lot for $25,000 if the variances would be granted so they can build on the property. Concern was expressed over sight clearances at the corner of Market and Garfield since drivers appear to go fast around the corner. Lent proposed that a stop sign could placed at the corner to slow down traffic.

Motion by Jones, seconded by Zirkelbach to approve the variances requested is 8 feet for the front yard (a forty-five foot setback is required), 30 feet for the rear yard, and a 20 foot setback on the north side yard with a stop sign to be placed at the corner should sight clearance hampered by any future building. Motion carried unanimously.

Motion by Yates, second by Sayers to adjourn at 6:42 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Carlisle Zoning Board of Adjustment, 22 March 2017

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

WEDNESDAY, 22 MARCH 2017

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:30 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Bob Nesselroad, Paul Thoman, Jerry Jones, and Tim Crowder, Jen Yates

ABSENT: None

Motion by Crowder, seconded by Jones to approve the meeting minutes for Wednesday, 5 October, 2016. Motion carried unanimously.

At 6:33 PM, Chairman Nesselroad opened the public hearing on a variance request from Union Pacific Distribution Services (on behalf of General Mills, 6101 SE 52nd Street) for a variance from the requirement under Section 165.06(4.E(2)) and 165.06 (5.C(2) requiring outdoor display of goods and/or storage shall be placed on either ACC or PCC pavement not allowing for gravel and that the front setback area to be paved.

Doug Graham of Union Pacific Distribution Services (UPDS) reviewed the proposed Wind2Rail operation on the property north (and owned by) of General Mills. They are bringing in wind energy components by rail, laying them on proposed graveled laydown yard, before hauling the components out by truck.

Jen Yates arrived at 6:41 PM.

At 7:25 PM, Chairman Nesselroad closed the public hearing

Motion by Crowder, seconded by Thoman to approve variance request from Union Pacific Distribution Services (on behalf of General Mills, 6101 SE 52nd Street) for a variance from the requirement under Section 165.06(4.E(2)) and 165.06 (5.C(2) requiring outdoor display of goods and/or storage shall be placed on either ACC or PCC pavement not allowing for gravel and that the front setback area to be paved. Motion carried unanimously.

Next meeting will be held on 12 April 2017 at 6:30 PM.

Nesselroad submitted his resignation from the Board due to a work conflict.

Motion by Thoman, second by Crowder to adjourn at 7:30 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Carlisle Zoning Board of Adjustment, 5 October 2016

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

WEDNESDAY, 5 OCTOBER 2016

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:30 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Bob Nesselroad, Paul Thoman, Jerry Jones, and Tim Crowder

ABSENT: Jen Yates

ALSO PRESENT: Andrew Lent, City Administrator; Dean Anderson;

Motion by Jones, seconded by Crowder to approve the meeting minutes for Wednesday, 6 September, 2016. Motion carried unanimously.

At 6:31 PM, Chairperson Nesselroad opened the public hearing on the variance request from Dean Anderson for Front Yard and Side Yard Variance in an M-2 Heavy Industrial District at 400 Jefferson Street. Anderson owns the property with the can redemption center and the RV parking lot to the west. The City of Carlisle has a sanitary sewer easement behind this property leading to the lift station on Jefferson Street. Drainage for storm water goes west then north around Jefferson and then to the east. With the 20 foot setback, the building would line up with the rest of the buildings. Board members feel that the sanitary sewer easement constrains the construction of the building causing a hardship on the owner. Anderson plans to rent to Stark Redemption to store product in the process of the can redemption business and to clean up the area.

Lent explained that the building was to be under 3000 square feet, so he could review site plan under short form procedure. However, the waiver for metal siding will need to be considered by the Planning and Zoning Commission and then the City Council.

Nesselroad closed the public hearing at 6:42 PM.

Motion by Crowder, seconded by Thoman to approve the variance of 20 feet front yard setback and 10 feet side yard setback on south side of property for building to be constructed at 400 Jefferson Street. Motion carried unanimously.

Motion by Crowder, second by Thoman to adjourn at 6:44 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Carlisle Board of Adjustment, 6 September 2016

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

TUESDAY, 6 SEPTEMBER 2016

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:32 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Jerry Jones, Jen Yates, Bob Nesselroad and Tim Crowder

ABSENT: Paul Thoman

ALSO PRESENT: Andrew Lent, City Administrator; Cody Zimmerman from O’Reilly’s Auto Parts.

Motion by Yates, seconded by Crowder to approve the amended meeting minutes for 17 February 2016. Motion carried unanimously.

At 6:33 PM, Nesselroad opened the public hearing on the variance request from O’Reillys Auto Parts, 1005 Bluestem Drive on area allowed for a wall sign in a C-2 Highway Commercial District.

Lent explained for just using the street frontage allowance. If the 5% allowance was used for just the street frontage sides, the allowance would be 136 square feet. Considering all sides, it would be 195.5 square feet. Zimmerman mentioned that the highway side is most critical. He proposed removing the sign on the south side of the store.

Peggy Gruss, 115 Lindhart Road, was concerned about the size of the sign compared to the Dollar General sign and thought that removing the sign on the south side would be good for the residents of the Danamere Townhomes.

Eileen Milner, 125 Lindhart, asked if the sign on the north side how much smaller than the red area. She noted that there are numerous O’Reilly stores and don’t see a need for the variance for the signs since it won’t likely hurt the business. Zimmerman stated that there have been several instances where people are not aware of their stores. She thought that most people would use a smartphone to find the store. Yates was concerned about the age of the zoning code and how out-of-date the current restrictions are.

Nesselroad asked if the sign lights go off after hours. Zimmerman stated that typically the lights do go off. Normally, there are only security lights that are left on for deliveries.

Nesselroad noted that Linda Pickering, 845 School, had sent him a text message opposed to the sign variance.

Lent noted that the O’Reillys Auto Parts sign people had been warned months in advance about the need for the variance.

Jones suggested that the sign on the north side should be reduced by 10 square feet on the north side.

Crowder suggested that the alternate was to leave the signs at the same size with removing the south side sign and requiring that the sign lights needed to be off after hours.

Close public hearing at 7:26 PM.

Crowder made motion to remove the south side sign, leave the other signs as they are, and directing sign lights off 15 minutes after store closed. Motion died for lack of a second.

Committee members determined that reducing the sign square footage on the north side by 10 square feet, removing the south side sign, and leaving the west side sign at the same size would comply with the sign code ordinance. Committee members also felt that the side allowance for the signs should be reviewed to see if it is out of date.

Motion by Crowder, second by Jones to adjourn at 7:36 PM.

Respectfully submitted

Andrew J. Lent

City Administrator

Minutes, Zoning Board of Adjustment, 17 February 2016

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

WEDNESDAY, 17 FEBRUARY 2016

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:32 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT:, Jerry Jones, Jen Yates, Paul Thoman, and Tim Crowder

ABSENT: Bob Nesselroad

ALSO PRESENT: Andrew Lent, City Administrator; Wayne Fleishman

Motion by Yates, seconded by Thoman to approve the meeting minutes for Tuesday, September 29, 2015. Motion carried  unanimously.

At 6:32 PM, Acting Chairperson Jones opened the public hearing on the variance request from Fleischman Construction, 200 Jefferson, for a variance on the required front yard setback and side yard setback for a structure in a M-2 Heavy Industrial District. Wayne Fleishman explained that he wanted to build a storage facility across from his existing building, but the required front yard setback is 40 feet and the side yard setback is 20 feet. He wanted a 20-foot setback in the front and a 10-foot setback on the north side. Paul Pruitt, 310 Jefferson, was concerned about additional water runoff. There was already a problem with water in his backyard during heavy rainstorms. Dean Anderson, 120 School Street, explained to the Board that he was turned down in 2011 for a similar request due to the concern about the water runoff. Board members explained that their only authority is to approve the setbacks, not deal with the water runoff. Lent said that would likely be addressed when the site plan is reviewed by Fox Engineering before it goes to Planning and Zoning. He also noted for the Board that under Section 171.07(6), the Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the Zoning Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Jones closed the public hearing at 7:01 PM.

Motion by Yates, seconded by Jones to approve the variance requests of 20 feet in the front yard and 10 feet on the north side yard asking that the Planning and Zoning Commission to address the water drainage to pay specific attention to the water drainage with the site plan. Vote was unanimous.

Fleishman expressed concerns that the city do something about the water runoff in the industrial area on the east side of the tracks to maintain the industrial area that has been developed.

Motion by Becker, second by Thoman to adjourn at 7:15 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Board of Adjustment, 29 September 2015

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

 MINUTES

TUESDAY, 29 SEPTEMBER 2015

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:35 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Bob Nesselroad, Jen Yates, Paul Thoman, Brian Becker,

ABSENT: Jerry Jones

ALSO PRESENT: Andrew Lent, City Administrator; Timothy and Tabitha Crowder, Brownie and Cheryll Polley

Motion by Becker, seconded by Yates to approve the meeting minutes for or Thursday, April 23, 2015 and Thursday, September 17, 2015. Motion carried unanimously.

At 6:38 PM, Chairperson Nesselroad opened the public hearing on the variance request from Timothy and Tabitha Crowder at 1615 S 5th Street on location of accessory building in front yard. Timothy Crowder explained that the garage will be stick built with footings and a steel roof as allowed per code. There is a row of trees planned for the west side in discussion with his neighbors, the Polleys, to help screen the building from their property. Discussion took place on allowing the building in the front yard since it was actually their rear yard since it was larger and the house should be facing the opposite direction when it was built. Nesselroad closed the public hearing at 6:58 PM.

Motion by Yates, seconded by Thoman to approve variance request from Timothy and Tabitha Crowder at 1615 S 5th Street and allow variance for location of accessory building in front yard. Motion carried unanimously on a roll call vote.

Becker noted that he will be moving out of the City of Carlisle, so a new Board member will be needed. Lent noted that he will pass this information on to the Council.

Motion by Becker, second by Thoman to adjourn at 7:02 PM.

Respectfully submitted,

Andrew J. Lent

City Administrator

Minutes, Board of Adjustment, 17 September 2015

CITY OF CARLISLE, IOWA

ZONING BOARD OF ADJUSTMENT

MINUTES

THURSDAY, 17 SEPTEMBER 2015

CARLISLE CITY HALL

Chairperson Nesselroad called the meeting to order at 6:42 PM in the Carlisle City Hall. The following members were present and absent:

PRESENT: Bob Nesselroad, Paul Thoman, Brian Becker, Jerry Jones

ABSENT: Jen Yates

ALSO PRESENT: Andrew Lent, City Administrator; Timothy and Tabitha Crowder, Nicholas and Kate Honer

No Vote was taken to approve minutes from last meeting.

At 6:43 PM, Chairperson Nesselroad opened the public hearing on the variance request from Nicholas and Kate Honer, 530 Pleasant Street for metal building in R-1, Single Family Residential District. Concern was raised from neighboring property owners on the use and traffic. The Honers stated it was for personal storage and there would not be any heavy traffic. After discussion from Board members that the variance for metal siding could not be approved without a proven hardship, the Honers decided to remove the request from the table. It was noted under Carlisle Code Section 165.12.3(C)(3) that standing seam metal colored roofing material could be used in any district.

A discussion was held with Timothy and Tabitha Crowder concerning their variance request at 1615 South 5th Street for a metal garage and allowing the accessory building in the front yard. The Crowders understood that the Board would not approve their request for a metal building. Brownie Polley at 1625 South 5th Street was concerned about the effect on his property value if the building was built close to his property. The Board members advised both parties that their variance would only be to allow the building in the front yard and not on the location as long as it complied with setbacks. Both parties agreed that they had a good relationship and felt they could come to an understanding on the location. The public hearing and final decision would be done at the meeting on 29 September 2015.

Motion by Nesselroad, second by Becker to adjourn at 7:50 PM.

Respectfully submitted,

 

Andrew J. Lent

City Administrator