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City gives controversial code an update
by Rick DeClue · News · April 10, 2014
On Monday, the West Branch City Council approved changes to the city code for retaining walls and fences to address two variances granted by the city’s Zoning Board of Adjustments last year.
The decisions last year resulted in the resignation of then-Board Chairman Jim Huber and a legal action by the city council against its own voluntary board.
Craig Walker, current chairman of the Zoning Board of Adjustments, presented the recommended changes to the council. He said they were intended to add clarity, eliminate inconsistencies and reduce ambiguity in the city’s code.
Changes include:
• new definitions for fences, screens, hedges and retaining walls;
• adding retaining walls that do not cause safety or access issues as permitted obstructions in yards, with certain restrictions; and
• providing the city council the right to return a granted variance back to the board for a 30-day review where there is disagreement on a decision — consistent with the Iowa Code.
Retaining walls may not be built within two feet of alleys, sidewalks or street’s right-of-way, or within four feet of lot lines, except when necessary for the installation of public sidewalks.
In the latter case, the retaining walls can abut the sidewalk. This exception was made based on public comment at a March 25 hearing of the Planning and Zoning Commission.
Retaining walls over 48 inches must include an approved fence clearly marking the top of the wall.
Walls exceeding 48 inches in height and walls where a “surcharge load” is present, e.g. a driveway built on top of the wall, are subject to an engineering review.
Language in the ordinance acknowledges the usefulness of retaining walls for erosion control, leveling grades for hilly lots and aesthetics such as the creation of planting beds.
Walker thanked the Zoning Board, the Planning and Zoning Commission, city staff, Fire Chief Kevin Stoolman and city attorney Kevin Olsen for their help in drafting the changes.
Mayor Mark Worrell said a lot of good conversation had come out of this process, and in turn, thanked Walker for spearheading the effort.
In additional zoning news, the city approved a new zoning designation of P-1 for public use properties. This includes all properties owned by the federal government, the State of Iowa, Johnson and Cedar counties and most city-owned properties, including city park lands.
The zoning map was amended to reflect the results of the city’s update of its long term land-use plan.
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