Board of Adjustment Minutes for April 2012 meeting

NORTH LIBERTY BOARD OF ADJUSTMENT
MEETING NOTICE AND AGENDA
March 21, 2012, 6:30 PM

The meeting was called to order by Chairperson Smith at 6:30 p.m. Board of Adjustment

Members Present: Chipman, Smith, Sayre, Grell; absent: White.

Others present: Ryan Heiar, Dean Wheatley, Ericka Harper, Scott Peterson, Mary Byers, Tom Salm, Lacy Willis, Richard Grugin, Kevin and Ladena Tena, Natasha and James Good, Angela and Brian Motley, Kelly Petrulevich, Daniell Strank, Mark Blume and Keith and Linda Morgan, other interested citizens.

Amendment to the agenda: Chipman moved, seconded by Grell, to amend the agenda to change items 3a, 4a, 5a to reflect Public Hearings instead of Public Comment; staff reports that proper notices were made for the hearings. After discussion, the vote was: ayes—Chipman, Smith, Sayre, Grell; nays—none; absent—White. Motion carried.
Public Comment. None.

Conditional Use: Request of Thomas Connolly to approve plans for outside eating at Stonebridge Promenade, located at the northwest corner of Cherry Street and Highway 965, for the Bluebird Café.
Staff review and Planning Commission Recommendations:
Wheatley presented the application for an outdoor eating request at the new Bluebird Café under construction. The proposal is for a small eating area with conditions as included in the staff report. City Staff and the Planning Commission recommended approval to the Board of Adjustment with the conditions contained in the staff memo.
Applicants Presentation.
Lacy Willis, part owner of the Café, explained to the board the purpose of her request.
Public Hearing.
The Public Hearing was opened, there were no comments from the public, and the hearing was closed.
Questions and Comments.
Wheatley went over some guidelines for deciding Conditional Use Permits.
Board Action.
Chipman moved, seconded by Grell, to approve the request subject to the Planning Commission’s recommendation that all items on the Staff report being completed. After discussion, the vote was: ayes—Chipman, Sayre, Grell; nays—none; abstain—Smith; absent—White. Motion carried.

Conditional Use: Request of Lisa Hills to approve a conditional use for a residential daycare at 315 South Stewart Street. (Legal: Lot 34 Autumn Ridge Part 2).
Staff Review and Planning Commission Recommendation.
Wheatley reported that this request is to allow an at-home daycare for fewer than 12 persons at 315 South Stewart Street, a new duplex dwelling near Garner Elementary School. The Zoning Ordinance lists specific criteria that must be met to obtain a conditional use permit. City Staff and the Planning Commission recommend approval to the Board of Adjustment subject to the owner meeting all Zoning Ordinance provisions as noted on the staff report and providing, by no later than June 1, 2012, required screening consisting of 6’ tall fencing or densely planted trees/shrubs that will grow to 6’ within two years of planting.

Applicants Presentation.
Lisa and Ron Hill addressed the commission on their desire to operate a daycare at their home at 315 South Stewart Street with their daughter. They currently have nine full time and two part time daycare children and are licensed with the state. They are willing to comply with the Staff and Planning Commission’s recommendations.
Public Hearing.
Chris Eden, Gateway Access Reality, addressed the board on behalf of the Hills because he sold them the property on South Stewart Street. He also supports the required screening and thanked the city staff for addressing the issues of daycares in North Liberty.
Questions and Comment.
There was discussion on the traffic in the area with the location of Garner Elementary School. Staff informed the Board that Stewart Street South will be extended from the subdivision to Zeller Street West this summer.
There was discussion on the amount of home day-cares in North Liberty and future Conditional Use Permits. The Board would like consistent review standards and criteria in reviewing these cases by them and the Planning Commission.
Smith moved, seconded by Grell, to approve the Conditional Use Permit subject to the owner meeting all condition of the Zoning Ordinance and providing screening of 6’ tall fencing or densely planted trees/shrubs that will grow to 6’ within two years of planting by June 1, 2012.
After discussion, the vote was: ayes–Chipman, Sayre, Werner-Smith, Grell; nays—none;
absent—White. Motion carried.

Conditional Use: Request of Linda Vawter-Morgan to approve a conditional use for a residential daycare at 1535 Deerfield Drive West.
Staff review.
Wheatley addressed the Board on the application. Staff and the Planning Commission recommend approval.
Applicants Presentation
Linda and Keith Morgan addressed the Board on their state certified home day care that has operated in North Liberty for five years. They have meet with city staff and completed all the items the City has asked them to do. There are several daycares in this area and the Morgan’s have their families on a time schedule to accommodate the traffic flows with the other
daycares. There are eleven children at this time with one employee. This daycare also is involved with a mentoring program that allows two students to work with the Morgan’s at their home, but that will end at the end of the semester.
There was discussion on parking issues in this area. The current parking is limited to one side of the street, and the employee and the mentoring students using the city street for parking has created a problem for the other residents in this neighborhood.
Public Hearing.
There were several families at the Public Hearing from this neighborhood that voiced their concern on the parking and traffic in this neighborhood at peak times of the day. It was the consensus of the complaints that the Morgans use the city street for their daycare employees and also for their personal vehicles.
Questions and comments.
The Board discussed the parking on Deerfield Drive West and suggested that the City review
allowing parking on both sides of the street.
Board Action.
Sayre moved, seconded by Grell, to approve the Conditional Use Permit for six months with a three month review of the neighborhood concerns with the following conditions; that all building safety issues have been resolved that were listed in the staff report, that the daycare formally notify all parents not to use the neighbors’ driveways to turn around, that the employee and one personal vehicle of the owners be parked in the garage and the driveway.
After discussion, the vote was: ayes—Grell, Smith, Sayre, Chipman; nays—none; absent— White. Motion carried.

Minutes.
Grell moved, seconded by Chipman, to approve the minutes of April, 2011. The vote was: ayes—Grell, Smith, Sayre, Chipman; nays—none; absent—White. Motion carried.

Old Business.
None

New Business.
None

Adjournment.
Chipman moved, seconded by Grell, to adjourn the meeting at 8:30 p.m. The vote was: ayes— Grell, Smith, Sayre, Chipman; nays—none; absent—White. Motion carried.