Board of Adjustment Hears Variance Concern

Board of Adjustment Chairman Brian Johnson listens to various points of concern at Tuesdays meeting

Oskaloosa, Iowa – The Oskaloosa Board of Adjustment held a regular meeting at 5:00 pm Tuesday evening in the City Council Chambers at Oskaloosa City Hall.

One of the first points of business was the consideration of a request for conditional use permit for full auto services at 204 6th Ave East.

The request for the full service auto, motorcycle and atv business was approved. It’s current zoning is urban corridor, and auto service is allowed with a conditional permit.

Board members passed the request, but only after some concerns were expressed over parking for the business.

The zoning for the property says that all work and storage is to be interior only, and that body work is not permitted.

The consideration of a roof height adjustment for a detached garage at 319 North 8th Street was passed, with board members noting that the roof height adjustment will help the neighborhood because of the type of homes and other garages that are already located in the area.

The third item of discussion was the request to decrease the interior side yard setback to build a single family residential dwelling at 1007 South F Street.

The parcel is owned by Mahaska County Habitat For Humanity and plans to build a new single family dwelling at the location.

Owen McKee, who owns property adjoining both sides of the property, spoke out against the variance, giving various reasons.

“Number one, I purchased the properties south of lot 3 to preserve several 50 to 100 year old trees.” McKee said about his desire to help preserve the trees.

He spoke of his concern that if the foundation for the home were moved closer to the trees, “they’ll die and have to be removed. Many of these trees therefore will be destroyed by such a variance as they are quite close to the lot line.”

He also expressed concern that the trees could possibly destroy the house during a wind storm.

McKee said that he would be willing to consider making an offer to Habitat for Humanity for the lot, in hopes of being able to preserve the trees.

McKee said he had not yet spoken to anyone from Habitat for Humanity and only became aware of the proposed variance from a sign placed in the yard at 1007 South F Street.

Members of the board started a motion to table the variance until the next meeting. “Lets dig into this and Mr. McKee can talk to Habitat.” the board member said.

“My understanding is that Habitat has attempted to buy those properties to the south and possibly replat and change the dimension of those lots. I had not heard anything about any of this, and no permits have been taken out for demolition of any of that property and I’ve heard nothing about any of this,” Danny Bolt, Oskaloosa Building Inspector said to the board.

McKee explained that he had hired for the removal of the structure, and his contractor was in charge of getting the needed permits.

“It’d be good to see them out of there, [home and trailer existing]. We’re talking about one foot. I think anything that would be true at 6 feet would still be true at 7, as far as the variance,” Bolt said. “It’s only a foot.”

Bolt said that the variance would be for the south portion of the lot, “and there is room on the back of the lot for what ever parking might be needed. The lot is deep, it’s just narrow.”

Further discussion revealed the property had come to the cities ownership from a tax sale, and had been given to Habitat for Humanity.

Discussion then turned to the question of whether the lot had ever been made for sale. McKee said that it was never offered for sale “because I attempted to buy it before. I think it was taken for back taxes. I believe it was given by the city to Habitat for Humanity.”

Board member Russel Sparks agreed with McKee on how Habitat for Humanity had acquired the lot, saying he had looked it up for himself.

Bolt asked McKee if he had attempted to buy the property when it became available at the tax sale. “I did not try to buy it for the property taxes. I didn’t realize it actually came up for sale for property taxes, or I would have attempted then.”

In the end, the variance was tabled until all parties could talk further.

Also passed was a request to decrease the front and rear yard setback to build a single family dwelling at 715 South 5th Street.

The board ended the session passing a request to decrease the front yard setback to build a deck at 702 5th Avenue East.