Board of Adjustment

CITY OF WEST BURLINGTON Board of Adjustment Meeting Thursday, January 14, 2021 - 5:30 PM West Burlington City Hall 122 Broadway Street TENTATIVE AGENDA CALL TO ORDER ROLL CALL PERFECTING & APPROVAL OF AGENDA PUBLIC HEARING 1. Fence and Accessory Building – Bloomberg, 102 Summer Street - Consider a request for a variance at 102 Summer to allow a privacy fence and an accessory building on the corner lot. PN - 102 SUMMER - BLOOMBERG Bloomberg - Hearing Request Letter M - BOA Hearing - Bloomberg 102 Summer pictures of 102 Summer - Bloomberg NEW BUSINESS OLD BUSINESS ADJOURN Page 1 of 8 Agenda Item #1. WEST BURLINGTON BOARD OF ZONING ADJUSTMENT NOTICE OF PUBLIC HEARING Please be notified that the West Burlington Board of Adjustment will meet in City Council Chambers at West Burlington City Hall, 122 Broadway Street, West Burlington, Iowa, on Thursday, January 14, 2021, at 5:30 p.m. to consider the following variance request. William Bloomberg, 102 Summer Street, West Burlington, Iowa, is seeking a variance of 14' to the required setback line along Mt. Pleasant Street to place a privacy fence 6' from the property line. City Code requires a 20' setback from the property line. Section 165.07(9)(C) of the City Code states that no fence shall be erected or maintained within 20' of the lot corner unless reviewed for traffic safety and visibility and approved by the Board of Adjustment. Mr. Bloomberg would also like to place a 14x28 shed 34' from the front property line along Summer Street. Placing an accessory building in the front yard is prohibited by City Code Section 165.18(7)(A). An accessory building is defined as a structure that is secondary or subordinate to the principal building on the same lot. The shed will not be a permanent structure. Comments will be heard at the meeting. Individuals may also write a letter to the Board of Adjustment, West Burlington City Hall, 122 Broadway St., West Burlington, Iowa 52655. Written correspondence will be read at the meeting provided the letter reaches the board no later than Thursday, January 14, 2021, at 4:00 p.m. Respectfully, Kelly D. Fry, City Clerk 122 Broadway Street West Burlington, IA 52655 Page 2 of 8 Agenda Item #1. Page 3 of 8 Agenda Item #1. §><Lsu_wer’s~cEJ Page 4 of 8 Agenda Item #1. M E M O R A N D U M TO: Planning and Zoning Commission FROM: Kelly D. Fry, City Clerk DATE: December 30, 2020 RE: Request for Variance to allow a fence and an accessory building on a corner lot located at 102 Summer Street ISSUE: Consider request to allow the placement of a fence and an accessory building on a corner lot located at 102 Summer Street. BACKGROUND: TYPE OF FENCE: 6' tall Privacy Fence REASON: To block lights and noise from cars exiting the parking lot at the factory across the street and screen the property from vehicle traffic on Mt. Pleasant Street. ZONING DISTRICT: The property is located in a B-1 (General Business) Zoning District but is currently being used for residential purposes. VARIANCE REQUESTED: 1. Mr. Bloomberg is seeking a variance of 14' to place a Privacy fence 6' from the lot line along Mt. Pleasant Street. The Code requires a 20' setback from the property line. Section 165.07(9)(C) provides regulations for fences on corner lots in residential districts. The Code states that no fence shall be erected or maintained within 20' of the lot corner unless reviewed for traffic safety and visibility and approved by the Board of Adjustment. 2. Mr. Bloomberg would also like to place a 14x28 shed 34' from the front property line along Summer Street. The shed will cover a shallow stairwell left after the house on the lot was torn down earlier this year. He plans to use the stairwell as a root cellar. Placing an accessory building in the front yard is prohibited by Section 165.18(7)(A). An accessory building is defined in Section 165.03 as a structure that is secondary or subordinate to the principal building on the same lot. The shed will not be a permanent structure and can be moved and the stairwell filled in if he decides to sell the lot in the future. CODE SECTIONS TO REFERENCE: • Section 165.11(8) - Fencing Regulations for properties located in B-1 Zoning Districts Page 5 of 8 Agenda Item #1. o Section 165.11(8)(B) states that properties within the B-1 and B-2 Districts, which are used for residential purposes, shall be subject to the Fencing requirements listed in Section 165.07(9). • Section 165.07(9)(C) states that no fence shall be erected or maintained within 20 feet of the lot corner unless reviewed for traffic safety and visibility and approved by the Board of Adjustment. • Section 165.18(7)(A) – Accessory Buildings and Structures ISSUES FOR BOARD OF ADJUSTMENT: The Board of Adjustment needs to consider two issues: 1. Review the proposed placement of the fence, which is 6' from the Mt. Pleasant Street lot line and 25' from the Summer Street Lot line, and consider traffic safety and visibility. If no issues are found with safety and visibility, the Board may grant a variance to allow the placement of a fence 6' from the property line along Mt. Pleasant Street. 2. Consider request to place a 14x28 shed (non-permanent accessory building) 34' from the front lot line along Summer Street. 2 Page 6 of 8 Agenda Item #1. 102 Summer Corner of Summer and Mt. Pleasant Street Page 7 of 8 Agenda Item #1. Approximate location of fence following footprint of house that has been torn down. Accessory Building would set within the fenced in area. Page 8 of 8