HomeMy WebLinkAboutBOA Packet 1.13.16.pdf
MINUTES APPROVED BOARD OF ADJUSTMENT
DECEMBER 16, 2015 – 6:00 PM NDS CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Brock Grenis, Connie Goeb, Becky Soglin
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT:
A. CALL TO ORDER & ROLL CALL: The meeting was called to order at 6:00 PM.
B. ROLL CALL
All members present.
C. CONSIDERATION OF THE OCTOBER 14, 2015 MINUTES:
Soglin moved to approve the minutes with two minor changes Goeb seconded the motion.
A vote was taken and the motion carried 5-0
D. Consideration of suggested update to the BOA Procedures
Walz explained that the changes proposed by staff dealt mostly with cleaning up some legal language and the change in the name of the department.
Soglin raised issue of abstain vs. recuse in article 6, asking whether one could abstain from a vote. Dulek stated that members could abstain, but that it would count as a no vote. The Board
agreed that language should be included abstaining under Section 11. A few other minor
corrections were noted.
Soglin moved to approve the updated procedures with noted corrections and addition of language regarding abstaining.
Goeb seconded the motion. Motion approved by unanimous vote.
Board of Adjustment September 14, 2015 Page 2 of 3
E. Discussion of Informational Disclosure and Acknowledgements Form
Walz reminded the Board that at their previous meeting they had approved a proposal that
would locate multi-family uses on a property located in the floodplain. A condition of the approval required the applicant to disclose floodplain information to future tenants. The Board
had indicated that it would like to recommend to Council that this information should be disclosed in all cases where rental units are located in the floodplain.
Walz indicated that after reviewing this there was some concern on the part of NDS staff that the disclosure form not become too long or a catch-all for things that staff could not actually enforce. She noted that the items currently in the disclosure form are enforcement items such
as occupancy and nuisance issues. She also said that some landlords may not know that their property is in the floodplain or what the level or type of risk is—for example, associated with the
Ralston Creek flooplain are different from those in the Iowa River floodplain. There is some
concern that if tenants asked their landlord for clarification regarding risks due to the floodplain, that landlords may not be able to answer their questions accurately.
Board members discussed whether landlords should know their floodplain status as it is disclosed when property is purchased and when it is insured. Members felt it was important to
disclose this information even if many tenants face little risk or are uninterested—those who are interested should be informed.
Dulek indicated that this information could be sought from landlords at the time they apply for their rental permit. That would prompt the landlord to find the information. Board members liked this idea and wish to recommend that both the rental form and the disclosure form include
language disclosing whether the property is in the floodplain. Baker moved that a recommendation be made to council to require floodplain disclosure on
both the rental permit application form and the informational disclosure form provided to tenants.
Chrischilles seconded the motion.
Motion approved by unanimous vote.
Walz will prepare a letter to council for the Board to approve at its January meeting.
F. Other
Walz noted that this was the last meeting for the Board Chair, Brock Grenis. She thanked Grenis for his service. Board members expressed their appreciation for his long service as chair.
ADJOURNMENT:
Soglin moved to adjourn.
The meeting was adjourned at 5:40 on a 5-0 vote.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2014 - 2015
NAME
TERM EXP.
10/8
11/12 1/14 2/11 4/8 5/13 6/10
8/12
9/10
BAKER, LARRY 1/1/2017 X X X X X X X X X
GOEB, CONNIE 1/1/2020 X X X X X X X X X
GRENIS, BROCK 1/1/2016 O/E X X X O/E X O/E X X
CHRISCHILLES, T. GENE 1/1/2019 O/E X O/E X X X X X X
SOGLIN, BECKY 1/1/2018 X X X X X X X X X
KEY: X = Present
O = Absent O/E = Absent/Excused --- = Not a Member