The Orleans Zoning Board of Adjustment on July 15 approved a lot-area variance for Myron and Jane Wodtke but denied their requested front-yard setback relief for a rebuild at 13935 Center Drive.
The board granted the Wodtkes a variance reducing the minimum lot area requirement from 10,000 square feet to approximately 6,458 square feet so they may remove an existing garage and rebuild a structure with a lower-level garage and a dwelling unit above. Member Schmidt moved to approve the lot-area variance and Member Hanby seconded; the roll-call vote was Schmidt, Hanby, Harris, Miller and Hoss in favor, 5-0.
The request also sought relief from the 25-foot front-yard setback for a deck and for the proposed structure (deck requested at 18 feet; structure at 24.72 feet). At the public hearing, Mike Wodtke explained the applicants were constrained by an irregular lot shape, an existing basement with a water line beneath it, and the desire to reuse the existing driveway and concrete; he said the deck and exterior steps serve as the main entrance for the living unit above the garage and could not safely be located inside the garage.
During deliberations the board reviewed the four statutory factors required for a variance. After discussion the board determined the statutory factors supported approval of the lot-area variance but did not support relief from the front-yard setback. Member Schmidt moved, Member Hanby seconded to deny the front-yard setback variance; the vote to deny was 5-0. Chair Kristine Hoss advised the applicants to redesign the garage, deck and stairs to meet the 25-foot front-yard setback.
The staff presentation at the start of the meeting also noted recent changes to sections 335.14 and 414.12 of the Iowa Code giving a new standard for variances that applies to numerical limits such as lot size and setbacks; the city council is in the process of amending the local zoning ordinance to reflect that language.
No conditions or appeals were recorded in the minutes. The board closed the Wodtke hearing at 4:15 p.m.