HomeMy WebLinkAboutBZ Minutes 08.24.23
Minutes for the Board of Zoning Meeting of Thursday, August 24, 2023
Chair Weidt called the meeting to order at 6:30 pm.
PRESENT: Arcand, Weidt.
ABSENT: Petty.
STAFF: Rachel Juba, Community Development Director
Max Gort, Associate Planner
Approval of Minutes for the BOZA Meeting of October 27, 2022
Board Member Arcand made a motion, seconded by Chair Weidt to approve minutes for the meeting
of October 27, 2022.
Ayes: All.
Nay: None.
Motion carried.
Public Hearing: Nick Heinle, Prairie Homes, LLC. – Variance request for 14320 Grantaire Lane North
Staff provided a background on the request submitted by Nick Heinle, owner of Prairie Homes, LLC.
The request is for a window well at 14320 Grantaire Lane to encroach on the required side yard
setback by a distance of 3 feet, 8 inches, where an encroachment of 2 feet is allowed by ordinance. A
building permit was issued on June 28, 2023 approving new construction of a single-family home with a
window well located in the side yard setback a distance of 3 feet, 8 inches. Staff was in error in issuing
the permit. The house and window well are under construction. The applicant is requesting the
variance to allow for the window well’s encroachment. Window wells must be at least three feet deep
to allow for safe egress in the event of an emergency, making the request a reasonable use. There area
unique circumstances in that the Victor Gardens development conta ins homes with a 5-foot side yard
setback on the side of the home with the garage. The character of the area will not be noticeably
altered due to the window well being at-grade. Staff is of the opinion that there are practical
difficulties in meeting the ordinance standard. The spirit and intent of the ordinance is to maintain
space between adjacent buildings. Since the window well is not a building and is constructed at grade,
the requested variance meets the spirit and intent of the ordinance. Staff is recommending approval of
the variance subject to the conditions in the approving resolution.
Board Member Arcand asked if the plan should have been approved. Juba stated that the window
well’s placement would not ordinarily be approved and that had the er ror been caught during
permitting, staff would have required the applicant redesign the home such that it meets the
ordinance standard.
August 24, 2023 BOZA Minutes
Page 2
The applicant, Nick Heinle of Prairie Homes, LLC, approached the Board and stated that mitigating
factors are being added to address the concerns from neighbors about the request. These mitigating
factors include lids covering the window wells and a fence enclosing the home from all sides to address
safety concerns.
Board Member Arcand asked what the safety concern Hein le heard from neighbors was. Heinle stated
that neighbors stated they were concerned with children being able to fall into the window well, which
would be mitigated by the covers on the window wells, the fence that Heinle is installing, and the
existing fence that the neighboring property owners have on their property line. Arcand asked what
the City’s requirements for safety measures would be. Juba responded that the cover on the window
well is not required, and that the Senior Engineering Technician deter mined that drainage will not be
impeded. Arcand asked if the City would be liable for permitting the home construction in error. Juba
stated that the variance request abates that liability.
Chair Weidt opened the public hearing at 6:43pm.
No one spoke.
Chair Weidt closed public hearing at 6:43pm.
Board member Arcand made a motion, seconded by Chair Weidt, to approve the variance request for
Nick Heinle, Prairie Homes, LLC for property located at 14320 Grantaire Lane North .
Ayes: All.
Nay: None.
Motion carried.
The request will be considered at the City Council meeting of September 5th, 2023.
Adjournment
Board member Petty made a motion, Arcand seconded, to adjourn at 6:44pm.
Ayes: All.
Nay: None.
Motion Carried.
Respectfully Submitted,
Max Gort, Associate Planner