BOARD OF ADJUSTMENT DYERSVILLE, IOWA

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1 BOARD OF ADJUSTMENT DYERSVILLE, IOWA DATE: April 15, 2015 THE ZONING BOARD OF ADJUSTMENT IS A QUASI-JUDICIAL BOARD CREATED BY THE CITY OF DYERSVILLE. THE BOARD S PURPOSE IS TO DECIDE ON APPLICATIONS FOR VARIANCES FROM THE ZONING ORDINANCE (CHAPTER 165 OF THE MUNICIPAL CODE), APPEALS OF DECISIONS OF THE ZONING OFFICIAL, AND APPLICATIONS FOR SPECIAL PERMITS AND FOR EXCEPTIONS REQUESTED UNDER THE ZONING ORDINANCE. WE ARE AN INDEPENDENT BOARD OF CITIZENS AND NOT PART OF THE CITY ADMINISTRATION. WE ARE SERVED IN OUR EFFORTS BY A CITY ATTORNEY AND STAFF MEMBERS. MEETING CALLED TO ORDER: 6:00 P.M. by Chairman Botts. ROLL CALL: Present: Board Members: Robin Bauer, Carl Bockenstedt, Martin Botts, Jeff Jacque, Mary Klostermann, Steve Timp, Janet Willenbring Absent: None Item #1: Approve Minutes of the November 19, 2014 Meeting. Chairman Botts asked for questions or comments regarding the minutes and there were none. Jacque made a made a motion to approve the minutes of the November 19, 2014 Meeting. Motion seconded by Bockenstedt. Voice Call Vote: Ayes: Robin Bauer, Carl Bockenstedt, Martin Botts, Jeff Jacque, Mary Klostermann, Steve Timp, Janet Willenbring None Motion Carried (CASE SHEETS ATTACHED)

2 CASE NO TYPE OF REQUEST: Request for a variance to the rear yard setback as required in section of the City Code. Request submitted by Roger & Lois Klostermann at th Avenue SW, Dyersville, Iowa. CASE NO TYPE OF REQUEST: Request for a variance to the rear yard setback as required in section of the City Code. Request submitted by Larry & Karen Bell at th Avenue SW, Dyersville, Iowa. CASE NO TYPE OF REQUEST: Request for a variance to the rear and side yard setback as required in section of the City Code. Request submitted by Paul & Sharon Deutmeyer for nd Avenue, Delaware County, Iowa.

3 BOARD OF ADJUSTMENT CASE SHEET April 15, 2015 THE ZONING BOARD OF ADJUSTMENT is authorized to grant a Variance or Special Exception provided ALL OF THE FOLLOWING REQUIREMENTS have been addressed: I. UNNECESSARY HARDSHIP: To support a Finding of Unnecessary Hardship, the Board must, upon competent evidence, determine: That the land in question cannot yield a reasonable return if used only for the purpose allowed in the zone. A. The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood, which may reflect the unreasonableness of the Zoning Ordinance itself. B. The use to be authorized by this variance will not alter the essential character of the area. II. THE VARIANCE will not be contrary to the Public Interest. III. THE SPIRIT of the Ordinance is protected. IV. SPECIAL EXCEPTION: Use of a property not otherwise permitted by Ordinance but permitted as Special Exception Uses as stated in the Dyersville Municipal Code. CASE NO TYPE OF REQUEST: Request for a variance to the rear yard setback as required in section of the City Code. Request submitted by Roger & Lois Klostermann at th Avenue SW, Dyersville, Iowa. Mary Klostermann asked that it be added to the record that Roger & Lois Klostermann are her in-laws and she has no financial or personal gain in this matter and believes there is no conflict of interest according to Iowa Code, Section 362.6, therefore she will be voting on this issue. Roger & Lois approached the board asking for a variance to add a sun room to the rear of their house. It would be placed where the existing cement slab is. There will be footings poured for this room. The sun room would provide a sound barrier from Highway 20. They are asking for a variance due to the shallowness of the lot. City Administrator Michel knows of no specific setback requirements from the state and this would be the property owner s burden, not necessarily the city s burden. There are no objections from neighbors. CITY RECOMMENDATION: The city concurs with Roger & Lois that there is some shallowness of the lot, specifically with US Highway 20. Martin Botts asked for any Board comments or questions and there were none. Timp made a motion to approve a 7 variance to the rear yard setback as required in Section (7)(b) of the City Code due to the narrowness of the lot. Motion was seconded by Bauer

4 CASE NO TYPE OF REQUEST: Request for a variance to the rear yard setback as required in section of the City Code. Request submitted by Larry & Karen Bell at th Avenue SW, Dyersville, Iowa. Larry & Karen are asking for setback variance due to the topography of the lot. They needed to position the house the way it is. The house sits in line with the existing homes. They will be going back 14 feet with the deck. There are no objections from neighboring property owners. CITY RECOMMENDATION: The city agrees that there are topographical issues with this lot. The property to the south of this property also needed to request a variance to add a deck. This property is zoned R-1. Martin Botts asked for any Board comments or questions and there were none. Willenbring made a motion to approve a 13 variance to the rear yard setback as required in Section (7)(b) of the City Code due to the topography of the lot. Motion was seconded by Klostermann. CASE NO TYPE OF REQUEST: Request for a variance to the rear and side yard setback as required in section of the City Code. Request submitted by Paul & Sharon Deutmeyer for nd Avenue, Delaware County, Iowa. Paul Deutmeyer approached the Board requesting a variance to build an addition to his storage units. Due to the odd shaped lot he is asking for the variance. City Administrator Michel informed the Board that when construction took place the storage facilities were in conformance to City Code. The lot was then split, bringing the Deutmeyer property into non-conforming use. Approving this variance will bring the existing property into conformance. Deutmeyer will make a walk-way and then have another separate building. CITY RECOMMENDATION: There are no railroad or right-of-way issues. This property is outside of the City limits, but within the two mile jurisdiction of the City.

5 Martin Botts asked for any Board comments or questions and there were none. Bockenstedt made a motion to approve a 35 foot variance to the rear and a 5 foot variance to the side yard setback as required in Section165.33(7)(b) of the City Code due to the size and dimension of the lot as the hardship. Motion was seconded by Jacque. ADJOURNMENT: Motion: Jacque Second: Timp Time: 6:15 p.m. Voice Call Vote: Ayes: All None Motion Carried 04/15/15 Mary Jo Goldsmith Recording Secretary Date