Coralville Board of Adjustment

City of Coralville Board of Adjustment Meeting June 25, 2012 Staff: Jim Kessler, Building & Zoning Official Dee Marshek, Administrative Assistant Item #1: Meeting called to order 6:00 PM Item #2: Member present: Wells, Shannon and Rice, Szcech and Nicola. Others present: Mr & Mrs Gil Janes (w/letter & site plan presented to members) Randy Hahn, David Tigges, Todd & Kristin Spacek, John Bergee, Paul Klemme, Dan Gregg, and Jun & Lucy Dong Item #3: Minutes from February 27, 2012 meeting approved. Motion by: Shannon 2nd by: Nicola Nicola: Requests amendment to February minutes, the word Vice should be only removed and only be “elect Chairperson”. Motion to approve with amendment: Nicola 2nd by: Szcech Motion carried: 5-0 Kessler: Questions Janes to clarify the variance request, the application states 25 feet and Janes letter asks for 20 feet. It’s confirmed to proceed with the request of a 25 feet setback. Item #4: Public Hearing request by David Tigges & Gil Janes for a Variance Permit to Section 165.21, R-1 Single Family Residential District # 6.B. Building Setbacks. The request is to reduce the required front yard setbacks from the required 35 feet to 25 feet for the property located on Muddy Creek Lane in Coralville. Public Hearing opened: Gil Janes: Presents his request, stating that he is an Engineer for Howard R. Green Company and has worked with and served the City of Coralville for more than 22 years. The Janes’s would like to retire in Coralville, and after searching for the ideal piece of property, the Janes’s are in the process of purchasing land owned by David Tigges. Gil Janes explains that their interest in this property are because of nature, the natural environment including the forest covered area. He displays the preliminary plat and states that the land is presently being annexed into Coralville. This ground borders 90 acres owned by Barbra Beaumont, which has been in a forest reserve for over 25 years. He introduces his wife Donna, who is a teacher naturalist and a Master Conservationalist. This property is consistent with their values; and objectives but does present a hardship of practicality to develop. Janes reads Chapter 165 Variance. A property owner may apply for a variance to this chapter as will not be contrary to the public interest, where owning to special conditions there are practical difficult or particular hardships in the way of achieving strict compliance with the provisions of this chapter. He explains the objectives of the annexation; tax base of urban development and taking advantage of city services such s public water, sewer, fire protection, police, garbage, snow removal, and city streets. The public improvements for Lot 1 & 2 have been completed already with Forest Edge Addition, Part Five with the sewer on the opposite side of the street. All public utilities are also in place and on file with the City. They’re purchasing an 8.5 acre tract of land, the Preliminary and Final are for a two Lot Subdivision. Because of the topography of the land, the best options to use, is to develop the land adjacent to the roadway. He also states there’s significant frontage, 180 feet on Lot 1, this is a non conventional lot located with forest cover, and the intention is to compliment, protect and enhance the neighborhood. We aim to work with the nature topography, but don’t want to deal with the steep driveway, so again the objective is to get the house closer to the street. Janes reminds those present that he’s only developing two lots and the remainder of the land will be in forest reserve, with Outlot A, never to be developed. Janes introduces his architect John Winkel as he displays his house and floor plan and again reiterates that this meets the criteria and his intentions of enhancing and complementing the neighborhood. He again reminds the group that this is a new subdivision, not part of Forest Edge and he will control both Lot 1 & Lot 2 and preserve as many trees as possible. When annexing into the city, the challenge and the driving force for the request of this variance is to have accessibility to all amenities and the need to set the basement floor elevations at a point that we can be served by sanitary sewer. Janes shares that they prefer a floor plan with no steps on the main floor, a driveway that slopes to the street, a walkout lower level and will conform to City and state standards. Jun Dong- 2779 Muddy Creek: Questions that the application states Lot 1, but the letter asks for a variance for Lot 1 & Lot 2? Janes: We are the sub dividers, the topography is the same, so why not do both lots at the same time. Kessler: Questions about the public hearing notice. Marshek: Comments on having the legal description in the folder, and because of the length of the legal believes that this does include both Lots 1 and Lot 2. Janes: Explains that there is a 60 foot public right-of-way, within that an additional 28 foot wide existing Muddy Creek Lane outside curb to outside curb. The ground elevations drop off dramatically. There’s 15-20 feet of flat ground behind the curb, and then it really falls dramatically. Shannon: Asks the Chairman to please be excused, he’s had enough. Chairman Rice apologizes. Wells: Questions this additional area just mentioned. Janes: It’s the City’s right-of-way….I need to compose myself, I’m taken back by Shannon’s comments. Szcech: Let’s cut to the chase, you’re here for a variance, house design is nice, but let’s not get into that so much. Donna Janes: Expresses, it is a complicated situation and we’re trying to allow the board to understand. Janes: Adds, that he’s been at this for two years and is condensing it into 20 minutes. Burgee – 2806 Muddy Creek Lane: Asks for site plan that shows the house on the lot in relationship to the street. Todd Spacek – 801 Forest Edge Lane: Licensed Engineer, questions the ownership of Outlot G. It’s indicated on the plat that it is to be dedicated to the City of Coralville, that’s not included in the ground purchased from Tigges. Janes: No it’s not, that a separate private proceeding. Kessler: Yes, the triangle lot in front was to be dedicated to the City and it never happened, Janes will have to also purchase that small piece also. John Bergee: States that this was originally setup to be part of Forest Edge Development, now it’s being sold off ? Kessler: That piece was intended by Mr. Jones and Showalter to be dedicated to the City, that never happened, that would be an issue between Jones, Mr. Showalter and Janes. Janes: Shows a cross section of the proposed house and discusses the sanitary sewer elevations, the possibility of being 4’foot below grade, which is not right in normal construction. Todd Spacek: Questions the hardship of the sanitary sewer and comments that a pump system can be installed. Randy Hahn- Builder: Pump system would affect the property values in a negative way. Rice: Ask residences to allow Janes to finish speaking. Janes: Shows a proposal with the 25 foot setback which would have a favorable impact on the construction ability on this lot. He reads; the proposed variance will not threaten but, enhance the neighborhood integrity or have a substantially adverse affect on the use or value of other property included in the variance. The proposed variance will be in harmony with the general purpose and intent of this chapter, and will not contravene the objectives of the Community Plan. He shows the nature and character of the land with colored rendering, which is colored, which is heavy forest cover. Visual rendering of the front of the lot are shared showing right-of-way line and the retaining wall built to protect the large oak tree providing a nature screening of the adjacent property. An existing list of front yard setbacks for other single family homes in Coralville was also provided. Janes closes with another reading; this request is not contrary to the interest, not a threat to the neighborhood integrity, it will be in harmony with the general Purpose and intent of this chapter, and the property in question cannot yield a reasonable return unless the requested variance is allowed. He adds that he wants his house to be as fail safe as possible, which is dependent of mechanical and the electrical system working. The owner’s situation is unique or peculiar to the property in question; it is not by adjacent residence, with other landowners in the area or due to general conditions in the neighborhood. We respectfully request your consideration of this variance. Future plans for Outlot A are, to apply for a forest reserve and to keep it in its nature state and dedicate it to the City of Coralville. Burgess: Thinks it would violate the integrity and character of the neighborhood with this very substantial home, which changes the facade of all homes on Muddy Creek. Concerns that should be considered are the construction injuries to the trees and the economic consequences of a nonconforming home for the others in the neighborhood. Dan Greg- 2767 Muddy Creek: Not only concerned about this home, but of other vacant lots in the neighborhood and possible future request s for a variance. Burgess: Questions that n visual concept was shown of how this will look compared to all other homes on the street. Paul Klemme- 2761Muddy Creek Lane: Agrees with others, states when purchasing should have known the possible consequences of steep drive and sanitary sewer issues on this lot. Klemme reminds the Board of their responsibilities and encourages denial of this request. Spacek: Installing a pump system is within the realm of this home and states that with the 25 foot setback it would be very close to his home. Spacek expresses that because of the topography in the area, all neighbors have had design challenges, many have had to compromise house designs, but all have had to comply with the covenants and City code. He states the engineering that needs to occur to overcome the topography is feasible without any undue hardship. David Tigges: Previous owner of the property briefly describes 15 homes or a hog confinement building as other possible scenario that could have been developed at this site. Spacek: As a licensed engineer I know that things can be done to make this home conform. Bergee: We’ve had no demonstration to visualize this home; he again questions the hardship, changing the character and visual aesthetics of the neighborhood. Wells: I did go to the site and look at the area, and states that this house would be at the end of the street. Bergee: Questions the street continuing in the future, the forest reserve and anticipated future development. ** Multiple people speaking, discussions and comments begun unruly. Kessler: We’re here to make a ruling on the zoning ordinance, not the aesthetics of the house. Lucy Lou Dong: Comments that this lot may not be suitable for building, stating that they were told by the previous owner of our home that there would be no more construction to the north because to was too steep. Randy Hahn: Owner of H & H Home Builders has been working with the Janeses on a design that is suitable, and that will preserve the natural surroundings of the lots. Hahn reviews a few points: This construction would only have a positive effect on property values. He reminds the board, that this is a different subdivision, not applying for a variance in Forest Edge, the list of other setbacks in Coralville, and hauling in fill dirt would be very expensive and a financial hardship. Lastly, this would protect the neighbor from other less desirable possibilities. Spacek: Mentions Outlot G again, as part of Forest Edge covenants and hasn’t been dealt with legally. Gregg: We see the 2 lot Subdivision, as being part of Forest Edge, which does affect the aesthetics of the neighbor hood. Wells: Why did you buy this lot that has so much work to be done? Janes: It’s consistent with our values of nature, and where we want to live and retire. Donna Janes: It was only recently, following the survey that we realize how significantly this was going to affect building. We’re not comfortable with adding fill dirt, it would kill the trees. Jun Dong: Again express concerns of 2 new homes in the neighborhood and of the development of Lot 2. Janes: With the curve in the street, it should soften the look. Lot 2 will also have restrictions, to protect the trees between the two properties. Members discuss sidewalk placement. Rice: Cautions the residents that the Public Hearing is about to closed, no more conversation. Public Hearing closed: Public Hearing opened: 2nd by: NO 2nd Rice: Absence of a 2nd….Motion/ Request Denied. Item # 8: Motion to Adjourn Motion by: Szcech 2nd by: Nicola Motion Carried: 4-0 ( Shannon left the meeting) Meeting Adjourned: 7:17 PM Respectfully submitted, Dee Marshek