Magnall Appeal - The City of Waverly
Transcription
Magnall Appeal - The City of Waverly
TO: FROM: MEETING: Mayor and City Council Public Works Administration April 2, 2007, Regular Meeting BY: PREPARED: Jason Passmore March 28, 2007 Appeal of Board of Adjustment Case for Richard and Kathryn Magnall at 315 4th Street SW Summary: Richard and Kathryn Magna!l have requested an appeal of their Board of Adjustment Case #20070301. The Magnalls applied for a building permit to add a wrap around porch to the front of their house at 315 4th Street SW but the addition encroached into the frontyard setback. A variance was applied for and the request was sent to the Board of Adjustment on March 12 th , 2007. The variance was defeated by a vote of 2 to 1 as only three members were present at the meeting, which required a unanimous vote of approval in order to grant the variance. Per City Ordinance Section 45 the City Council shall review any appealed decision and shall remand the case to the Board of Adjustment for a final decision. The next Board of Adjustment meeting is scheduled for April 9, 2007. Attachments: Appeal Letter, Decision Letter, Permit Application, Variance Request Letter, Site Plan, Profile Drawings, Pictures, Surrounding Owners List, Original Notice of Hearing, Area Map, 214 4th St. SW Variance Request Information Important Dates: April 2, 2007 City Council review and remand case to BOA. Requested Action: Remand the case to the Board of Adjustment for final decision. H:\Board of Adjustment\staff summary - Appeal Magnall.doc rage — to: magnalisgmensi.com 1 of 1 MAR 2 3 2007 [Print] [Close] From: [email protected] To: [email protected] Subject: board of adjustment Date: Thu, 22 Mar 2007 16:07:01 +0000 After reviewing a zoning variance for 214 4th st. sw in 2000 for a minimum front yard setback for a porch, we have decided to appeal the ruling of the board of adjustment because that is what we were asking for. bsp; 3A2S Cq a s.3/0 ?f,N ef) e e etiie-4 Cooic; M • email& cicik ek-3) &4 http://commeenter.mchsi.com/wnic/n/wm/4602AAB1000AE68E00003DCA21979133290... 3/22/2007 March 13, 2007 Dick and Kathy Magnall 315 4th Street SW Waverly, IA 50677 Re: Board of Adjustment Case #20070301 Dear Mr. and Mrs. Magnall: This letter is to confirm the decision passed by the City of Waverly Board of Adjustment on March 12, 2007. Your request for a variance for the proposed front porch was denied. As per City Ordinance Section 45.7.4.j, you or any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the City Council for review. Appeal to the City Council must be taken in writing by the City Clerk no later than 14 days following the Board's decision. Upon an appeal, the City Council will review the decision and remand the case back to the Board of Adjustment for final decision. Please feel free to call with any questions you might have. Sincerely, ODVrt Pain1421eason Passmore Community Development and Zoning Manager JP/jp 1-1:\Board of Adjustment\Post-Decision Letters\Magnall 315 4th St SW Appeal letter.doc 200 First Street NE • P.O. Box 616 • Waverly, IA 50677 Main Office (319) 352-4252 • Parks & Rec (319) 352-6263 • Public Works (319) 352-9065 • Fax (319) 352-5772 Permit Number BREMER COUNTY BUILDING INSPECTION DEPARTMENT Also for the Cities of: Denver, Janesville, Readlyn, Tripoli & Waverly -415 East Bremer. Avenue Waverly, Iowa 50677 Phone: 319-352-0332 Fax: 319-352-5271 www.co.bremer.ia.us BUILDING PERMIT APPLICATION A Permit MUST Be Issued Prior To Commencement Of Work Please Return to the Bremer County Building Department . ..-' .17 la 5 A r Project Location • Q/0? 1 owner 3, s- Address Y ' 51-; Additio ---ctdo py ytlAc.tht L C yi 0- ST Cc) Valuation of Work, $ P(A- 7 Phone 3 '4.-2 — Contractor S CL 4- rdeVet4 / 3 Date Received '2AV-0 Block Address Lot pi, . 5 4-. 6 /...r" ., 6 G 0 Description of Proposed Project c.JRne A40.9)4i 6 Ss- sC 9 (30 Rcli Aeo tilA,D Class of Work Phone New g Addition Architect/Engineer Address __ q Remodeling q Repair. = / kriy Electrician For Office Use Only. Required No Yes Received Approved By • Special Approvals q Commercial Other Type of Building Phone r,14--Residential Plumber Mechanical - Zoning NOTICE i..7 - anvil l.7- / Plot Plan gnical echa plim tbnilbliengb„aimlain ired redrequ wetsllaan need to fboer seulebcmtriitcteadl , w S epasep r attie cpezni permit application before permits are issued. t,' Bldg Plan This permit becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or work is suspended or abandoned for a period of 180 days at any time after work is commenced. Elec App Pig App Mech App Board of Adjustment Board of • Health Use Zone i? 2. No. of Dwelling Units I It is the applicant's responsibility to maintain proper setbacks ,:g0 4 —› /Ward 12, 2107 herein shall make the application invalid. Signature o trac or or Signature of 0 , er / (if owner is builder) to assure easements are not obstructed. The applicant may need to check their abstract/Public Works/Engineering Department to determine locations. Site Plan Here I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provision of any other state or local law regulating construction or the performance of construction. Any unapproved changes made Date ionized Agent . 'VIVO ate . Page 1 of 1 To: Board - [Print] [Close] From: magnalls@mehsicom To: Board of Adjustment Date: Thu, 22 Feb 2007 17:15:42 +0000 We are asking for a variance to construct a wrap around porch on our house. The present porch floor needs to be rebuilt and this would be a good time to extend the porch. Because we don't meet the 25' setback in the front yard, we need a variance. The present porch extends approximately 8' in front of the house and we would like to carry that depth around the front of the house. We wouldn't be extending it any closer to the sidewalk. We live in an older part of town with larger homes that have large porches and would like to conform to that look. 3 45 - V-1/7- r- s-Q,) Zok Fee 4[Ciup http://commcenter.mchsi.com/wmc/n/wm/45DDD0140008F854000023262197913329030... 2/22/2007 (9?,wo02, '1 1 I C'- • S ., .„:e5r.noissoussiamorgeognew -+S7 . C Us k.4 ''747 , .^Xi S^^ 3l^' ftwerrg--- 14.V.:15 Richard Magna!! BOA Variance Request Property Owner List David Moehlis 221 2nd Avenue SW Waverly, IA 50677 James Arjes 311 2 nd Avenue SW Waverly, IA 50677 Rusty Jarvis 313 2nd Avenue SW Waverly, IA 50677 Jim Hundley 401 2nd Avenue SW Waverly, IA 50677 Virgil Johnson 415 2 nd Avenue SW Waverly, IA 50677 Bill Burchit 220 3rd Avenue SW Waverly, IA 50677 Richard Magnall 315 4th Street SW Waverly, IA 50677 R & B Enterprises 320 3rd Avenue SW Waverly, IA 50677 Ed Rodenbeck 107 Montrose Road Waterloo, IA 50701 Kyle Renn 418 3rd Avenue SW Waverly, IA 50677 Michael Ross 1766 180 th Street Waverly, IA 50677 George Mackamul 316 4th Street SW Waverly, IA 50677 Mildred Lyons 320 4th Street SW Waverly, IA 50677 Kathryn Miller 410 4th Street SW Waverly, IA 50677 St. John Lutheran Church 415 4th Street SW Waverly, IA 50677 Randy Utterer 222 3 rd Street SW Waverly, IA 50677 Beth James 310 3 rd Street SW Waverly, IA 50677 Nancy Rude 315 3rd Street SW Waverly, IA 50677 Gary Hartman 318 3rd Street SW Waverly, IA 50677 City of Waverly 200 1 st Street NE PO Box 616 Waverly, IA 50677 Iowa Dept. of Transportation 800 Lincoln Way Ames, IA 50010 NOTICE OF HEARING THE WAVERLY BOARD OF ADJUSTMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the Waverly Board of Adjustment will hold a meeting at 7:00 p.m., March 12, 2007, in the Waverly Room, Civic Center, 200 1 st Street NE, Waverly, Iowa, for the purpose of hearing the following request: Dick and Kathy Magnall, applicants for 315 4th Street SW, are requesting a variance to the zoning regulation governing the minimum front-yard setbacks in the R-2 Residential District. The proposed front porch addition would encroach into the required 25-foot front-yard setback by approximately 9.5 feet. See Code of Ordinances Section 100.7.03.2. If you have any objections or comments in regards to this variance request, please attend this meeting at the time and place stated above. If you have any questions relating to the request you may contact the City at 352-9065. Jason Passmore Community Development & Zoning Manager City of Waverly 200 First Street NE • P.O. Box 616 • Waverly, IA 50677 Main Office (319) 352-4252 • Parks & Rec (319) 352-6263 • Public Works (319) 352-9065 • Fax (319) 352-5772 I ‘4-.) 1 ■ ! I ..i . 1 ___ c\i_j________ . [i !/. i 1 CY.I 1 C,'"' H-294a 0 ;,-- , 66 . I.... _ 66 55 .....--, V-415 66 I 55 55 66 ,f.h.a 42 ;•;17', iqj .r) 4151 423 ..0 co 1 i - - 1 li . i l Cki 6 cr.; i " VS ,-- '1----v r ---ca 1 401 _ I _ , ..„ - 1 0 ril 422 iE RI kb ! L-03,-1 ! 66 1 . 1 F 43.4 1 6 1 ',1 " 1 I li e„ CO 'I- r 1 I -4 0 . 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L L.3i1.:_..10,1[1 4A i 0 k [ r- 4- [1___..,8 '1: L 6-5 66 66 133.32 ' I L._____ I ,0 -TN 06 60 I . 66.66 I 66:66 ' 'ra_ .(_ 2...60 133.32 133.32 92.32 ._..55 15 1?r1-; 41 60.66 '' •-•••-• -A 1 -66-66 '66 66 I I 1 ' 1 -114 q i r.v I 1 L_ _4 i 1--- ----] 56 _I --- 11 06 55 ---Ce 66 ....,. cri I . re, T 1 ' 11.- c„ n r aiwn '! tN i -1 Il 4.y.;.1,______,..„,_____-_____.---- ''' ....-s-. . -- -- - ED g , ,,,,,,,_ Ur-el I 3i 8 ,, (0 1 to 1 ss3 OD I 7 .•r• 0 r.] 1 OreCOP' iI15--Kt 1 I _ I4 1 H-81 -i ti ;( I I 1 il I 1 r.,13) i ,,i,- ccc.:5) in go 4, I- tN...) 40 I 1 it-, 1 L_ 1 I --113 1 13 1 .1_,, .... . cc, el City of Waverly Building Trades Division BUILDING PERMIT APPLICATION LEGAL DESCRIPTION: LOT NO. 1 JOB ADDRESS:ait/ 2 OWINAR/v#0..L. 2 BLOCK 4k1. Z>1° S+- 4 /-'" i pt c,b4/44,/ S L) 1 ADDRES S:Z. /1 /re,o-c- - -PHONE 74 i--4-c/47-47Ly CONTRACTOR # 352 --2 77C Atrh Sr- S* c.& CITY & STATE t . 3 ADDITION ADDRESS: PHONE # CITY & STATE: C Coi-- 7- 4 ARCHITECT OR DESIGNER 5 ENGINEER PHONE # ADDRESS: CITY & STATE: PHONE # ADDRESS: CITY & STATE: 6 USE OF BUILDING 7 CLASS OF WORK: q NEW 8 DESCRIBE WORK: ..05.-C/r 9 CHANGE OF USE FROM: 10 SPECIAL CONDITIONS: 11 VALUATION OF WORK: APPLICATION ACCEPTED BY: - t iy ,.o /410 Ai41 PLANS CHECKED BY: , 0 ADDITION 4in....le-etr.d 0 REPAIR 0 REMOVE 0 MOVE o/P/6,44/0i L._ PLAN REVIEW FEE: /2() APPR•VE1 FOR 1 PERMIT FEE: 'Sly/ BY: 1 TYPE OF C CONST. iv THIS PERMIT BECOMESNULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. Date IC: g 4 SIZE OF BLDG. (TOTAL) S.F. -PA D c',1( OCCUPANCY GROUP DIVISION NO. OF STORIES MAX. OCC. LOAD NO. OF US DWELLING ZONE E'E' UNITS % i OFFSTREET PARKING SPACES: fk; 14 4si. 1 ' SPECIAL APPROVALS ZONING ,S, .--›-/..,i bc...J: PERMIT NUMBER: 7 REQUIRED V R .A.1. a 0 COVERED FIRE SPRINKLERS REQUIRED 0 YES V( NO 0 UNCOVERED RECEIVED NOT REQUIRED WAIIMEIlit4 4; 14 ,..... i g 1 217"0 9 ignature of, er (If Ownerder) ,, 70 I CHANGE OF USE TO: NffiICE tO SEPARATE PERMITS ''2, REQUIRED FO' EL CTRICAL, PLUMBING, HEATING, VENTILATING 0 AIR CONDITIONING. Signature of Contractor or Authorized Agent 0 REMODELING Date ......... f 44. ... .i• MECH. PLAN t B RETURN WHITE COPY TO: CITY OF WAVERLY, BUILDING TRADES DIVISION, 200 1ST STREET NE, P.O. BOX 616, WAVERLY, IA 50677 V City of Waverly Public Works Department — Building Trades Division PLOT PLAN FORM Date Submitted: 7c,I,C1 0,0 s' 5 Ce4 T.-441 4,4 eg Property Address: (All items referenced on reverse side must be shown on submitted Plot Plan.) 0 1 IVI I- 0 .. / I pri -t gaiwww; y, 9 C. ql iitivm 1 lia)-5 p /. -....,.> 44 ,-.,f" pho.-: . 4,4, ALI) ed,16 I certify that the above Plat Plan is a true representation of this lot and accurately shows all dimensions, easements and proposed & existing structures on said lot. Any deviation from this approved Plot Plan may void the Building Permit and/or zoning approvals. SIGNATURE OF OWNER OR CONTRACTOR: See Reverse Side for Plot Plan Sample BOARD OF ADJUSTMENT MINUTES August 14, 2000 7:00 p.m. A. Call to. Order: Jim Block, Chairperson 1. Members Present: Scott Belden, Member Pat Brown, Member Karla Shea, Member Members Absent Pete Lampe, Vice-Chairperson City Officials Present: Jason Passmore, Secretary Cathy Abend, Council Liaison 2. Motion. By: Karla Shea Seconded By: Scott Belden Move that the agenda be hereby approved as printed. Yes: 4 No: 0 Absent: 1 B. Approval of Previous. Minutes: July 10, 2000 Motion By: Scott Belden Seconded By: Pat Brown Move that the minutes of the July 10, 2000, Board of Adjustment meeting be hereby approved. Absent: 1 Yes: 4 No: 0 C. Communications: P & Z Minutes – July 6, 2000 D. Committee Reports: None E. Regular Business: 1. Case #20000801, Barry & Rebecca Smith, 320 7th Avenue NW a) The Applicants Requested Zoning Variance: Barry & Rebecca Smith, Applicant, 320 7 th Avenue NW, are requesting a variance to the zoning regulation governing minimum front-yard setbacks. 1 Board of Adjustment Minutes August 14, 2000 b) The Zoning Regulations State: The proposed construction of a roofed front-yard patio is not allowed to protrude into the front-yard setback requirement. See Code of Ordinances Section 100.4.03 and Section 100.8.03.2. c) Interested Property Owners: Marvin Behrens, 320 8th Avenue NW, received notice of the variance request and came to express his interest. He was concerned about a possible visual barrier that might be constructed and about the aesthetics of the project. After learning more about the project and hearing the discussion, he had no objections and stated he was heartily in favor of the construction. d) Discussion: Barry Smith, owner, presented case for variance. Mr. Smith described the original condition of the house and the improvements they are making to the house. A nonconforming overhang was removed because of its poor appearance and is now desired to be replaced as part of the main roof structure. Mr. Smith stated that they have a very small lot, which limits any amount of construction in the front yard. This new construction would also allow the rainwater to drain away from the front door and make a continuous roofiine with the rest of the house. Questions were raised by the Board about the look of this new roofline. Mr. Smith described that the old overhang actually extended out past the house while this roof will be in line with the house. Secretary Passmore described the circumstances in which the old overhang was likely built and why Mr. Smith could not just replace it without first gaining a variance. All members expressed their thoughts that this construction would greatly improve the house and would be in favor of a variance. e) Motion by the Board: Motion By: Scott Belden Seconded By: Pat Brown Move that a variance to allow the proposed roofed patio to extend into the frontyard setback requirement at 320 7th Avenue NW be approved. Yes: 4 No: 0 Absent: 1 2 Board of Adjustment Minutes August 14, 2000 F. Old Business: Case #20000701, Michael & Renee Mclnroy, 214 4th Street SW Secretary Passmore briefed the Board on Michael & Renee Mclnroy's revised plot plan. The plot plan showed the steps out front to be recessed into the deck per the Board's original variance condition. However, the southeast corner of the deck in the front yard is shown to be slightly altered from the original plan. Instead of the deck being square it is now proposed to be rounded in a half-moon shape. This minor change results in a larger area encroaching in the front-yard setback. The Board discussed the new plan and viewed it as a favorable alteration. All members were in favor of allowing the revised plot plan. The Board also discussed this particular circumstance as it pertains to bringing it back as old business versus requiring it to be a new case. Chairperson Block explained that this has been done in the past without requiring a new application and fee process. Motion By: Scott Belden Seconded By: Karla Shea Move that the revised plot plan for variance case # 20000701 at 214 4th Street SW be approved. No: 0 Absent: 1 Yes: 4 G. Adjournment: Motion By: Scott Belden Seconded By: Pat Brown That the Board of Adjustment meeting be adjourned. Absent: 1 No: 0 Yes: 4 3 City of Waverly Public Works Department — Building Trades Division PLOT PLAN FORM Date Submitted: 7c)p 44 1.1i .5 Property Address: Ste, //-1 (All items referenced on reverse side must be shown on submitted Plot Plan.) WOO 0000000 I OHIO id1 0iiin c.: – 10111111 11001 1 ejte, 00 illt i. 0 Oils prooppli qio 0001 PriPipkir; 0 jef#P010 0 0 le 00 /4 (a ro /0 oddfildfiedgife lhiCdowON, lap-BAT i.,_ 0 1111‘ j iii I 54/66. tvAiK I 6T" $ edR6 I certify that the above Plat Plan is a true representation of this lot and accurately shows all dimensions, easements and proposed & existing structures on said lot. Any deviation from this approved Plot Plan may void the Building Permit and/or zoning approvals. SIGNATURE OF OWNER OR CONTRACTOR: See Reverse Side for Plot Plan Sample n QTY. I A li21 • 14 . Nt, • r • -...V • ,f 0!/..4 it( • • I tY • *.! • 2: • " e' 877/0-1) ceda) -57 42/, kIn -J-41- 0J, --t.k •zoaAt4 1 1---6vises BOARD OF ADJUSTMENT MINUTES July 10, 2000 7:00 P.M. A. Callao Order: 1. Members Present: Jim Block, Chairperson Pete Lampe, Vice-Chairperson Scott Belden Pat Brown Members Absent: Karla Shea City Officials Present: Jason Passmore, Secretary Richard Crayne, City Administrator Cathy Abend, Council Liaison 2. Motion By: Pete Lampe Seconded By: Scott Belden Move that the agenda be hereby approved as printed while moving items E and F to the end of the meeting. Yes: 4 No: 0 Absent: 1 B. Approval of Previous Minutes: June 12, 2000 Motion By: Pete Lampe Seconded By: Scott Belden Move that the minutes of the June 12, 2000, Board of Adjustment meeting be hereby approved. Yes: 4 No: 0 Absent: 1 C. Communications: P & Z Minutes — June 1, 2000 D. Committee Reports: None E. Election of Vice-Chairperson: Motion By: Pat Brown Seconded By: Scott Belden Move that Pete Lampe be elected Vice-Chairperson. Yes: 4 No: 0 Absent: 1 BOARD OF ADJUSTMENT AGENDA July 10, 2000 F. Tabled Item: The secretary updated the Board on the process City staff will use to clarify and correct some of the confusion in the current sign code. A revised and edited sign code will be produced to the Board of Adjustment and also to the Planning and Zoning Commission for their review. G. Regular Business: 1. Case #20000701, Michael & Renee Mclnroy, 214 4 th Street SW a) The Applicant's Requested Zoning Variance: Michael & Renee Mclnroy, Applicant, 214 4th Street SW, are requesting a variance to the zoning regulation governing minimum front-yard setbacks. b) The Zoning Regulations State: The proposed construction of a front-yard deck is not allowed to protrude into the front-yard setback requirement. See Code of Ordinances Section 100.4.03.2 and Section 100.7.03.2. c) Interested Property Owners: No written or verbal comments were made. d) Discussion: Michael Mclnroy, owner, presented case for variance. Mr. Mclnroy described the desire to add a front deck to the house that would look similar to the original deck that the house had when ft was built in the late 1800's. The house sits upon an odd lot with the Dry Run passing through the rear yard creating some hardship to any rear yard expansion. Member Lampe introduced ideas of altering the current layout for the steps to enter onto the deck. So as to not protrude any further then need be towards the property line, discussion consisted of recessing the steps into the deck either at the north corner or out front. The exact location of the steps could be left up to the Mclnroy's as long as the steps didn't go past the existing roof. Mr. Mclnroy discussed the south portion of the proposed deck, as it would not have a roof over it. It was explained that this portion of the deck would not violate any side yard requirement once the front yard requirement was met. e) Motion by the Board: Motion By: Pete Lampe Seconded By: Pat Brown Move that a variance to allow the entire proposed deck to extend into the frontyard setback requirement at 214 4 th Street SW, while recessing the steps into the deck so as to not extend past the roof-line, be approved. Yes: 4 No: 0 Absent 1 2 BOARD OF ADJUSTMENT AGENDA July 10, 2000 t) Further Discussion Mr. Mclnroy addressed the Board following the variance decision upon the possibility of waiving the required 15-day wait period. Due to some time constraints, Mr. Mclnroy would like to start on the construction as soon as possible. The Board discussed the reasoning behind this code requirement (See Code of Ordinances Section 45.7.4.j) and decided that it was to stay in full affect with no waiver being extended. Mr. Mclnroy shall turn in a revised plot plan to show desired location of steps. 2. Case #20000702, City of Waverly, property located at the southwest corner of the intersection of Technology Place and 4 th Street SW a) The Applicant's Requested Zoning Variance: The applicant is requesting a variance to the Sign Ordinance. b) The Zoning Regulations State: The proposed construction of a 190-square-foot sign to promote industrial parks is over the maximum allowable size of 40-square-feet. See Code of Ordinances Sections 100.26.B.22, 100.26.0.6, 100.26.E.5 and 100.26.G.2. c) Interested Property Owners: Richard J. Crayne, City Administrator presented a memo with the signatures of three property owners stating that they had no objections to the proposed new sign. The three property owners included Dennis Happel, Lou Honary and John Hussin. d) Discussion: Richard J. Crayne, City Administrator and Carol Jahnke, Waverly Area Development Group represented the City of Waverly in their variance request. Mr. Crayne reviewed the proposed location of the new sign and its intent. Promotion of the Industrial Plaza would be enhanced by the sign, which is proposed to sit on the triangular lot at the corner of Hwy. 218 (4 th St. SIN) and Technology Place. This lot has no purpose except to house a sign, .as it is too small fora building. Mr. Crayne presented a list of signatures of surrounding property owners that did not have a problem with the proposed sign. Discussion considered future signs that might be brought to the Board because of any precedent set from this proposed sign. The Waverly sign code was then discussed as the relevant sections were referenced. The sign code calls out industrial development signs in certain sections and civic signs in another. Size comparisons were also presented for what a standard commercial sign would allow versus the current 40square-foot restriction. 3 BOARD OF ADJUSTMENT AGENDA July 10, 2000 Member Lampe contested the ruling on the sign and did not see it as a decision to be made by the Board of Adjustment, rather by the City Council. He also indicated that he did not have a problem with the sign, just where the variance request should be taken. Member Belden indicated he was in favor of the sign but had a problem with the sign code and would like to see changes to it. Member Brown indicated she liked the sign yet prefers to look at each request as an individual case. Chairperson Block was also in favor of the sign and sees it as a big asset. Council Liaison Abend stated support from the City Council for the sign as they see it as an important addition to the Industrial Plaza. e) Motion by the Board: Motion By: Pat Brown Seconded By: Scott Belden Move that a variance to allow the proposed 190-square-foot sign be installed at the southwest corner of the intersection of Technology Place and 4 th Street SW be approved. Yes: 3 No: 1 Absent 1 Member Lampe cast the "No" vote with the request of an explanation. He stated that he is in fact in favor of the sign but does not believe the Board of Adjustment should rule on the allowance of it. Member Lampe believes the sign should have been taken to the City Council for its variance approval. H. Adjournment: Motion By: Pete Lampe Seconded By: Scott Belden That the Board of Adjustment meeting be adjourned. Yes: 4 No: 0 Absent: 1 4 Michael and Renee Mclnroy 214 4th Street, S.W. Waverly, Iowa 50677 319-234-4600 City of Waverly Planning & Zoning Committee Re: 214 4th Street, S.W., Waverly, Iowa Dear Planning & Zoning Committee I am writing to you to request a permit to rebuild the deck portion of the porch on my house. I would also like to wrap the deck around the south side of my house and take it to the second window, where the house veers out a bit. First I want to tell you a little about the house. The house was built in 1892, by the Superintendent of the Waverly School District, Wm. Sheakley, who later went on to become the Superintendent of the Iowa Schools. I had looked into putting it on the National Registry for Historical Houses, but never got around to actually submitting it. I believe restoring the outside of the house, adding the porch, fixing the broken boards, sealing the foundation and replacing the windows (which we did both a few years back) and painting it would add to the house, the neighborhood, and the community. Soon after I bought the house, I looked through history books of Bremer County and found a picture of what the house looked like in the mid 1890s, with the original porch, along with the article about the owner, who built the house. (I am enclosing a copy of that article for your reference.) The porch deck has long since rotted away and, instead of fixing it, for some reason, it was destroyed. The only portion of the original porch that stands is the roof, the makeshift posts and some of the fretwork. (I am also enclosing a picture of what the house looked like when I purchased it and still looks today.) The porch roof is sitting on stilts, only, which sits on concrete above the ground. With all of the winters it has seen and the frost moving the concrete, we have noticed the porch roof pulling away from the house. We want to bore holes into the ground, below the frost line, pour concrete into those holes for the new deck to sit on. Then the posts that hold up the porch roof would be sitting on the deck, which would not move during the frost. Before moving to Waverly, for many, many years I drove through town, on old 218/4th Street, and never noticed the house I now live in. Actually, when the house went up for sale, I thought they were talking about the peach house, across the street. There were three houses on this street that I have always noticed. The big red house, next to Dairy Queen, the peach house across the street, and the big brick (old B&B). I never knew there was a house on my corner. The reason is because there is nothing special about this house, on the outside. I believe rebuilding this porch will make a world of difference to this house, and I believe it will be a beautiful addition to the neighborhood. Right now, my house is known as the Hardees' house, the fiat house, or the party house, because that is what people remember of this house, from when it was a rental. I want people to change their minds about this house. I want people to walk by and stop and look at how beautiful it is. I want to be proud to say "that is my house." That is what I dreamed when I purchased the home. For many nights over the years, I envisioned restoring the porch to it's original grandeur. I have twice went to the City of Waverly requesting permits, talking to City officials, getting their okay, only to find out I had run out of money and could not afford to purchase the materials. I have saved and saved and finally, before I was able to spend the money, this time, I went and purchased the materials I would need to restore the porch, only to find, to my surprise, I was denied the permit. I do not want to rebuild the porch to cause anyone any harm. I would love to see this house in its original condition and I believe with a little muscle and a few prayers, it will happen. It has lasted over 100 years and with great care, it can last another, hopefully. Thank you for your consideration. Sincerely, Renee S. (Lahmann) Mclnroy CITY OF WAVERLY NOTICE OF HEARING THE WAVERLY BOARD OF ADJUSTMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the Waverly Board of Adjustment will hold a meeting at 7:00 p.m., July 10, 2000, in the Council Chambers, Civic Center, 200 1 st Street NE, Waverly, Iowa, for the purpose of hearing the following requests: Michael & Renee Mclnroy, owners of the property located at 214 4th Street SW, are requesting a variance to the zoning ordinance governing minimum front yard setbacks. The proposed construction of a front yard deck would violate the setback requirements. If you. have any objections or comments in regards to these variance requests, please attend this meeting at the time and place stated above. J son Passmore, Community Development & Zoning Manager City of Waverly \;7 '(-2e, c fr 501 200 First Street NE • P.O. 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