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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_09142022PLANNING AND ZONING MEETING IONA COMMUNITY CENTER September 14th, 2022 6:30 P.M. PRESENT: Chairman James West, Member Ray Hart, Member Jason Cooper, and Assistant Clerk Rylea Farrens. ABSENT: Member Bill Koester and Member Gary Elliott. VISITORS: None Chairman West led with the Pledge of Allegiance, and welcomed everyone. Approval of Minutes: Chairman West entertained a motion. Member Hart moved to approve the minutes from August 10th, 2022. Member Cooper seconded the motion. All were in favor, so the motion carried. Items o(Business: Variance Application -Peter Wadsworth, 4062 N. Olsen Street; a Variance pertaining to the 30' driveway approach and construction as specified by Iona City Code§ 10-1-17(E)(2) Chairman West stated that his first thought is that it looks better than it did. Asphalt extending driveways can be found all over town. Public Works Director Zech Prouse pointed out to Mr. Wadsworth that the extra asphalt requires a variance. It doesn't currently abide by the City Code, as it pertains to swales and right of way and the size of driveways. Member Cooper noted that there are no swales, as this is an older area of town and was built before these were a requirement. Chairman West noted that it is his understanding that it used to be paved, however the pavement deteriorated, and Mr. Wadsworth was just replacing it. Chairman West stated that his concern is the precedent that this would set. He said that we recently had a home in Freedom Fields that was required to remove concrete because it exceeded the 30 ft. limit in the City Code, and that they were not given an option to have a variance; they were just asked to remove the concrete so that it was down to the 30 ft. Personally, he stated, he doesn't have a problem with it. Member Hart noted that once you allow it to happen you can't say no when others do the same. Member Cooper noted that the current City standard requires a swale, but when this home was built this was not the requirement. Member Hart rebutted that when they build they have to bring it up to current code. Member Cooper stated that he didn't see anything in the code that required this kind of update. They discussed whether or not the responsibility was on the homeowner or the City to maintain • the asphalt, because it is in the right of way. Chairman West stated that in instances where new homes are being built, the responsibility of creating the swale in accordance with City Code is the home builder. Member Cooper stated it does look better than it did in the past with the weeds, but it sets a dangerous precedent. Chairman West stated that his recommendation is that he needs to add some kind of drainage such as a weeping drain, or french drain. Member Hart inquired about the manhole located in the picture. He asked if that was a sewer manhole. Chairman West noted that it is probably the water hookup. Member Cooper stated that he believes it is a ditch cover. They discussed the differences in the images found in the packet. Member Hart noted that there is an image in this that shows another property in the City with the same asphalt drive. Chairman West stated that ifwe allowed that in the past with the other properties shown, and wondered if Director Prouse never called the other code violations out, should we be making this an issue? If this were to not pass, we would then need to go to the other homeowners in the City and require that they remove theirs as well. Member Cooper stated that he would take issue with making Mr. Wadsworth add drainage because it is in the right of way, so it should/would be the responsibility of the City. Member Hart stated that homeowners who have this, or wish to have this should have the option to apply for a variance as long as they agree to add a french drain that has the ability to take the extra water. They discussed the purposes for the swales. Member Cooper noted that Public Works Director Prouse is holding to the ordinance, however it's hard to enforce a current ordinance on a road that was built to a different standard. Member Hart summarized some of the reference letter from Mr. Wadsworth in regards to the swale. He noted that even if this is not a swale, it is still a drainage area, and somewhere for the snow to go when it is plowed. Chairman West noted that without a swale, snow can melt back into the street and create ice hazards in the road. Member Cooper asked if this area makes the driveway greater than 30 ft.? Chairman West answered in the affirmative. They discussed the neighboring property's asphalt, and the location of the pavement. If you include what he repaved his driveway is over 30 feet, if you don't include what he paved, it is right at 30 feet. Chairman West noted that it looks cleaner, other people have weeds in that area. Isn't this an improvement? Chairman West made a motion to make a recommendation to the City Council to approve the variance with the addition of the requirement of a french drain to be added for drainage purposes to the right of way area where the swale would normally be. Member Cooper seconded the motion. All were in favor, so the motion carried. Variance Application -Todd Hyde, 3213 N. Olsen Street, a variance pertaining to the construction of a metal carport in front of the existing home, within the required front yard setback as specified by Iona City Code§ 11-4-S(A) The Commission discussed the dimensions of the carport, and where it would end up in relation to the City's right of way Chairman West stated that because of the right of way issue, he leans towards not approving. Member Cooper noted that it's hard to discuss without all of the information. Where's the edge of the right of way for this property? Member Hart answered that it appears that the property's right of way almost abuts the house. He stated that we would essentially be agreeing to let him put a structure on the City right of way. Member Cooper stated that this would be a precedence I don't think we can set. Member Hart stated that he's proposing to put a 20 foot wall blocking a comer, he's ruining the sight line for cars. Chairman West made a motion to send our recommendation to not approve the variance application for Todd Hyde, 3213 N. Olsen Street, a variance pertaining to the construction of a metal carport in front of the existing home, within the required front yard setback as specified by Iona City Code§ 11-4-5(A). Member Cooper seconded the motion. All were in favor, so the motion carried. Meeting Adjourned: 6:58pm ATTEST: �/4 p--RyleFarrens, Assistant Clerk