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Minutes Zoning Board of Adjustment 8 28 08Dubuque ?HE CITY OF DuB E p ~ Masterpiece on the MississiYP~ ~ J ~~ 2007 MINUTES ZONING BOARD OF AD7USTMENT REGULAR SESSION Thursday, August 28, 2008 4:00 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jeff Cremer and Bill Gasper; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. ABSENT: Board Members Bill Gibbs. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to at 4:00 p.m. DOCKET 49-08: Application of Kevin & Tammy Peterson for a special exception for property located at 1300 Rhomberg Avenue to build a 23 foot by 30 foot detached garage 2 feet from the north side property line, 3 feet required and 0 feet from the front property line (Ann Street), 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. Kevin Peterson, 1300 Rhomberg Avenue, explained that he would like to construct a 23 foot by 30 foot detached garage on his property. Staff Member Hemenway presented aerial photos of the site to the Board. Chairperson Ruden asked Mr. Peterson about access to the garage. Mr. Peterson said that access to the garage would be from Ann Street and not the alley. He said he has an existing garage on the property line and he is proposing to move it further away from the alley to provide better visibility to the intersection of Ann Street and the alley. He said the garage would be 1 story. Mr. Peterson distributed plans of the proposed garage to the Board. He said that he will have a 16 foot wide garage door with a 9 foot side wall. He said that he is required to provide firewall construction on the rear wall of the garage, which is along the north side property line. Staff Member Hemenway presented the staff report. He said that Mr. Peterson is replacing an existing garage. He discussed the setbacks to the property lines. He said that the existing garage will be removed from the visibility triangle of the alley and Ann Minutes -Zoning Board of Adjustment August 28, 2008 Page 2 Street. He explained that, due to the setback from the front property line to the garage door, there will not be adequate space for a vehicle to park in front of the garage. The Board discussed the request. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Ruden; Nay -None. DOCKET 50-08: Application of Paul Lynch/Delee Jochum for a special exception for property located at 702 Ries Street to enclose a front porch 0 feet from the front property line, 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. The applicant was not in attendance. The Board discussed tabling the agenda item. Motion by Gasper, seconded by Klauer, to table the special exception request to the September 25, 2008 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Ruden; Nay -None. DOCKET 51-08: Application of Jean Koch for a special exception for property located at 2125 Kleine Street to build an attached garage, 7 feet from the front properly line (Kleine Street), 20 feet required, in an R-1 Single-Family Residential zoning district. Jean Koch, 2125 Kleine Street, outlined her request to the Board. She said that she would like to attach the garage so that it will be even with the front of her house. Chairperson Ruden questioned the floor level of the garage and the roof design. Ms. Koch said that the garage will have a flat roof with a deck on top of it. Richard Kieffer, 2130 Kleine Street, voiced concern with on-street parking along Kleine Street during the winter months. He said that, currently, he has nowhere to park when the street is plowed because of snow banks and other parked vehicles. Board Member Klauer noted that Ms. Koch will be providing additional off-street parking. by removing her vehicles from the street. Ms. Koch said that plows will not have to maneuver around her car if it is parked in the garage. Board Member Cremer asked if other neighbors have off-street parking. Ms. Koch said that one neighbor has a garage, but that most people do not. Minutes -Zoning Board of Adjustment August 28, 2008 Page 3 Staff Member Wernimont distributed photos of the site to the Board. He reiterated the special exception request. He discussed the topography of the site and explained that, because the garage will not encroach any closer to the street than the existing house, it will not create a visibility issue from neighboring properties. The Board felt that the application met the criteria for granting a special exception. Motion by Klauer, seconded by Gasper, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Ruden; Nay -None. DOCKET 52-08: Application of Kermit Jackson for a special exception for property located at 2725 Brunswick Street to build an 8 foot by 12 foot detached storage shed 6 inches from the south side properly line, 6 feet minimum required, in an R-1 Single- Family Residential zoning district. Kermit Jackson, 2725 Brunswick Street, explained his request to the Board. He said that he has an old shed that is located on the southwest corner of his property. He said he would like to remove that shed and build a new shed closer to his house. He said that the new shed would be located close to his side property line. He explained that the shed would be a wood frame building with a pitched roof. Chairperson Ruden asked about the dimensions of the shed. Mr. Jackson said that the shed will be 12 feet wide by 8 feet deep. Staff Member Hemenway distributed photos of the site to the Board. James Childers, 2715 Brunswick Street, spoke in opposition to the request. He said that when he built an addition to his property, he had to meet the 6 foot side yard requirement. He explained that Mr. Jackson has plenty of space in his rear yard for the shed and could meet current setback requirements. He said that, if the proposed shed is placed 6 inches from his property and has a pitched roof, water would run onto his property. Jerelyn Childers, 2715 Brunswick Street, spoke in opposition to the request. She said that Mr. Jackson has plenty of room to build the shed and meet the required setbacks. Mr. Jackson said that he would like to keep as much of his yard available as possible. He said that the shed roof can be pitched so the water flows away from his neighbor's yard. Chairperson Ruden asked Mr. Jackson why he does not move the shed to meet the 6 foot side yard setback requirement. Mr. Jackson said it would be located in the middle of his yard and have 6 feet of wasted space around it. Minutes -Zoning Board of Adjustment August 28, 2008 Page 4 Staff Member Hemenway presented the staff report. He explained the special exception request and noted that the proposed shed would be located 6 inches from the south property line. He referred to photos of the site that showed the approximate location of the proposed shed. He explained that the shed will have no window opening and doors located on the south side due to fire safety requirements. Chairperson Ruden felt that this request does not meet the criteria for granting a special exception. Board Member Cremer said that Mr. Jackson has adequate yard space to accommodate the shed and meet setback requirements. Motion by Klauer, seconded by Gasper, to approve the special exception request. Motion denied by the following vote: Aye -None; Nay -Klauer, Cremer, Gasper and Ruden. DOCKET 53-08: Application of Andrew Folks for a variance for property located at 1689 Elm Street to remove 3off-street parking spaces to allow for an outdoor service area creating a deficit of 3off-street parking spaces, in a C-1 Neighborhood Commercial zoning district. Andrew Folks, 1689 Elm Street, owner of Bootleggers Lounge, presented his request to the Board. He said that he would like to add an outdoor service area to his bar. He explained that the area would be fenced and located at the rear of the property. He said that the outdoor service area would be located where there are currently 3 off- street parking spaces. Chairperson Ruden asked about parking credits for the property. Staff Member Hemenway noted that the bar has several parking credits. He explained the parking requirements for the property. Mr. Folks noted that he could design the outdoor service area to only remove 2 off- street parking spaces because he still needs 1 space for a dumpster location. Chairperson Ruden asked about the hours of operation for the bar. Mr. Folks said that his bar is open Monday through Saturday from 4:00 p.m. to 2:00 a.m. Chairperson Ruden asked Mr. Folks about available parking in the neighborhood. Mr. Folks said that there is plenty of parking available along Elm and 17~' Streets. Denise Craddieth said she represents the Washington Neighborhood Association. She asked the Board if she could ask the applicant what is proposed for the rear of the property. She asked if the application could be tabled so that the neighborhood association could meet with Mr. Folks. She said that she has concerns regarding parking in the neighborhood if the 3off-street parking spaces were to be removed. Minutes -Zoning Board of Adjustment August 28, 2008 Page 5 Mr. Folks said that his business is currently suffering because of no outdoor seating area. He said the State passed a smoking law that does not allow smoking in bars. Chairperson Ruden discussed letters that were submitted to the Board. The Board received letters from property owners at 1620 Washington Street, 1668 Washington Street, 1670 Washington Street, 1696 Washington Street, 1675 Elm Street and a landlord in the immediate area that spoke in opposition to the outdoor seating area. Chairperson Ruden noted that the request pertains to the parking variance not other problems associated with the bar. Ms. Craddieth said that taking away off-street parking spaces would shift vehicles to the available on-street parking spaces in the neighborhood. Board Member Klauer asked staff about the parking credits associated with the building. Mr. Klauer asked if the bar downsized the number of employees or seating, could they meet the parking requirement and be allowed to remove the off-street parking. Staff Member Hemenway said that when, the 3off-street parking spaces are removed it may have an affect on parking in the area. He explained that an outdoor service area does not have to provide additional parking spaces because of the seasonal and limited nature of the temporary use. He explained that the existing parking spaces are always considered first when parking credits are calculated. Board Member Klauer said that the submitted letters do not address the parking issues Charlie Balstammer, employee of Bootleggers Pub, said that the employees usually park in the three off-street parking spaces. He said that he bartends on Tuesday, Wednesday, Thursday and Friday and that parking is not a problem in the neighborhood. He said that, on average, the bar has between 15 - 20 patrons. Mr. Folks addressed the comments that were made and submitted a signed petition with 100 signatures of neighbors in support of his request. He also submitted a letter from Theresa Caldwell, President of the Washington Neighborhood Association, that indicated the association is not opposed to the variance request. Staff Member Hemenway presented the staff report. He noted that the variance request is to remove 3off-street parking spaces to provide for an outdoor service area. He said that the Planning Services Department has received 6 letters of opposition to the request from the property owners at 1620 Washington Street, 1668 Washington Street, 1670 Washington Street, 1696 Washington Street, and 1675 Elm Street. He said that most of the property owners in the immediate area have off-street parking. Minutes -Zoning Board of Adjustment August 28, 2008 Page 6 He discussed the location of the on-street parking spaces. He recommended that the Board review the criteria for granting a variance. Chaiperson Ruden said that he feels that there is not a parking problem in the neighborhood. He felt that the variance meets the criteria. He said that the removal of the 3off-street parking spaces will have a minimal affect on parking in the neighborhood. Board Member Klauer said that the submitted letters of opposition address the bar issues not the parking issue. Motion by Klauer, seconded by Gasper, to approve the variance. Motion carried by the following vote: Aye -Klauer, Cremer and Ruden; Nay -Gasper. DOCKET 54-08: Application of Eric Skinner for a conditional use permit for property located at 1090 University Avenue to open a tattoo parlor in a C-2 Neighborhood Shopping Center zoning district. Eric Skinner explained his request to the Board. He said he would like to open a tattoo parlor/shop at 1090 University Avenue. He said-that the building formerly was a Christian bookstore. No one spoke in opposition to the request. Staff Member Wernimont outlined the conditional use permit request. He discussed the change in the City Ordinance and State law -regarding tattooing. He said that the properties are required to be inspected annually. He said that a conditional use permit is required for a tattoo parlor in a C-2 zoning district because it is similar in use to a medical clinic. He said that the current request meets the parking requirements. The Board discussed the request and said they felt it was appropriate. Motion by Klauer, seconded by Gasper, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Ruden; Nay -None. DOCKET 55-08: Application of Jeff Davis/Robert Leytem for a conditional use permit for property located at 1660 Asbury Road to open a tattoo parlor in a C-2 Neighborhood Shopping Center zoning district. Jeff Davis, 2108 Keyway Drive, explained his request to the Board. He said that he would like to open a tattoo parlor/shop at 1660 Asbury Road. No one spoke in opposition to the request. Minutes -Zoning Board of Adjustment August 28, 2008 Page 7 Staff Member Wernimont reiterated the conditional use permit request. He said that Mr. Davis' letter initially requested that the property be rezoned to C-4 Downtown Commercial district. He explained that Mr. Davis is not applying for a rezoning from C-2 to C-4, but, he is applying for a conditional use permit for a tattoo parlor/shop. He explained that this request is very similar to the previous request reviewed by the Board. Board Members discussed the request. Motion by Klauer, seconded by Gasper, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Ruden; Nay -None. DOCKET 56-08: Application of Greg Prehm/Dubuque Property Management for a special exception for property located at 2635/2635 ~/2 University Avenue (Lot 9 Lenox Addition) to build a duplex on a 5,500 square foot lot, 6,000 square foot minimum required, 4 feet from the east side property line, 6 feet minimum required, in an R-2 Two-Family Residential zoning district. Chairperson Ruden noted that the Board will hear Dockets 56-08, 43-08 and 44-08 simultaneously and will vote on each docket separately. Tom Larsen, Buesing & Associates, said, that he represents Greg Prehm/ Dubuque Property Management. He explained that the 3 requests are for duplexes to be located on three separate lots that are deficient in lot area and do not meet the required setbacks. He noted that sizes of the lots and the setbacks to the property lines. He noted that the buildings will only encroach on property owned by Dubuque Property Management. The Board Chairperson asked people in the audience to come forward to view a site diagram of the proposed locations of the duplexes. Mr. Larsen noted that the duplexes will be built on areas that currently are occupied by mobile homes, gravel lots and an existing structure. He reviewed the criteria for granting a special exception. Carol Steckel, 2645 University Avenue and owner of Lot 10 Lenox Addition, spoke in opposition to the request. She said that the three lots are deficient in size. She said two lots are 5,500 square feet and one lot is at 5,275 square feet instead of the 6,000 square feet required. She said that there will only be 8 feet between the structures, which she said will not provide adequate space for maintenance. She said she has concerns with parking, traffic and vehicular access to University Avenue. She said the Minutes -Zoning Board of Adjustment August 28, 2008 Page 8 buildings do not fit with the character of the neighborhood. Ms. Steckel distributed photos of properties owned by Dubuque Property management. She said that Dubuque Property Management does not maintain their properties. The Board reviewed the submitted photos. Board Member Klauer noted that two photos showed mobile homes which are located on the current site. Mr. Klauer asked Staff if the site could be reconfigured to accommodate amulti-family apartment complex of 6 units. Staff Member Hemenway noted, if the property were zoned R-3, that a lot of 19,200 square feet would be required for asix-plex. The Board discussed the square footage of the proposed townhouses. Staff Member Kritz clarified that asix-plex is only allowed in an R-3 Moderate Density Multi-Family Residential District. He said that the property is zoned R-2 Two-Family Residential District. He explained that 6,000 square feet is required for a townhouse or a duplex in an R-2 Two-Family Residential District. The Board discussed the required lot area and uses permitted in a C-2 zoning district. Staff Member Kritz explained that an R-3 zoning district typically serves as a transition zone between residential and commercial zoning districts. Mary Kass, 2617 Van Buren Street, submitted a petition with 56 signatures of people opposed to the special exception requests. She said that she wants the duplexes to meet the current zoning regulations. She said she has concerns with traffic safety along University Avenue. Audrey Yarnell, 2653 University Avenue, distributed a letter to the Board. She read the letter to Board noting that she is opposed to the request. She explained that the Zoning Advisory Commission denied rezoning this property to panned residential district. She said that a previous request to have the property rezoned was also denied. Chairperson Ruden noted that in Ms. Yarnell's letter under ~~comments" the rezoning request was denied 6-0. Mr. Ruden wanted to clarify that the rezoning request was from R-1 and R-2 to R-3. Don O'Meara, 2631 Van Buren Street, spoke in opposition to the request. He said that this is the same request as submitted at the last meeting, except that the buildings were moved farther apart. He said the rezoning request was denied. He said he felt that there was not enough information provided in the application. Michael O'Meara, 105 Kathy Street, Mt. Prospect, Illinois, said he represents the Lenox Neighborhood Association. He asked if the meeting was being taped. Staff Member Minutes -Zoning Board of Adjustment August 28, 2008 Page 9 Wernimont said that the meeting was being taped; however, the recorder had stopped because the batteries were dead. Mr. O'Meara asked if proper notification was given to the adjacent properties. Staff Member Hemenway said that at the beginning of the meeting he verified that proper notice had been given and the Board was in compliance with the Iowa Open Meetings Law. Staff Member Kritz stated that a copy of the newspaper clipping for the notification is provided in the file. Mr. O'Meara spoke in opposition to the request. He noted that the application was dated later than the Planning Services Department application deadline. He said that the site diagram was submitted after the application deadline. Mr. O'Meara said that the request was the same as the original request. Staff Member Hemenway noted that the applicant had submitted a new application and paid a fee. Mr. O'Meara expressed concerns with the buildings being two stories in height. He said he does not know if the garages will be two stories in height, or if the buildings will be three stories in height. He expressed concerns with the potential for storm water to run off of the structures and into the driveway and street. He said that, as no plans or building designs have been submitted, he does not have adequate information from which to base his comments. Mr. O'Meara said that the applicants could, at this time, build asingle-family home on the 5,500 square foot lots. He said that nothing has been provided to show where storm water will flow. He said that he will litigate this request if it is approved. He said he felt that the Board could not hear all of the applications at the same time. He discussed the Zoning Board's approval of a variance for a less than one acre PUD at a previous meeting. He said he felt that the applicant should not be able to reapply for a special exception for the same property that had been previously denied. He said the Board meeting was not legal because the Zoning Administrator was not in attendance. Ms. Yarnell provided a newspaper clipping of a previously denied rezoning request for the subject property. The Board reviewed the newspaper clipping. Tom Larsen rebutted, noting that different building setbacks, from 3 to 4 feet, are required for different zoning districts. He said that the project will remove the mobile home park access onto University Avenue and will eliminate the cut-through from Beverly Street. He said that the plan provided was a site diagram and not an actual site plan. Minutes -Zoning Board of Adjustment August 28, 2008 Page 10 Staff Member Hemenway presented the staff report. He addressed comments proffered by D. Michael O'Meara. He said that staff had answered Mr. O'Meara's questions regarding the rezoning and special exception applications. He said that he has provided information to Mr. O'Meara regarding notification requirements and that staff has fulfilled those requirements. Staff member Hemenway noted that the application deadline is flexible and not codified in the Zoning Ordinance. He said that the Planning Services Department is required to meet State notification requirements. He said that the applications that were submitted provided a legal description in addition to an address. He read the Ordinance language regarding the notification process explaining that the Planning Services Department is the agent that sends out public notification. He said that the application fee helps to cover the cost of mailing the notification. He explained how the Ordinance defines building height and number of stories. Staff Member Hemenway noted that a site plan is not required for asingle-family home or a duplex because it can be a financial burden for low-income property owners. He said that the Planning Services Department staff's charge is to help citizens process their requests. He explained that the State requires that each community have a Zoning Board of Adjustment to allow citizens to seek administrative relief from a strict application of the zoning regulations. Staff Member Hemenway said that the front yard setback on the submitted diagram is 24 feet. He noted that distance to the side property line from the overhang. He read the Ordinance language that allows overhangs to project into the required setback. He explained that there is approximately 60 feet of green area behind the buildings which he said should provide adequate space to absorb storm water and provide recreation area. Staff Member Hemenway discussed Docket 43-08 and noted the setbacks to property lines. He again explained that he felt that there is adequate area for storm water infiltration on the site. Staff Member Hemenway noted that the Board could require that the setback be farther away from the property line than requested. He discussed Docket 44-08. He said that the properties being encroached on are owned by the applicant. He said that there is an existing gravel driveway located on Lot 9 that is nonconforming. He asked that the Board review the criteria for granting a special exception. Board Member Klauer asked about the difference between a special exception and a variance. Staff Member Kritz read Section 5-3.7, preamble of the Zoning Ordinance, which he said states that a special exception ~is strictly for residential uses. Staff Member Hemenway explained that a variance is often difficult to approve because the Minutes -Zoning Board of Adjustment August 28, 2008 Page 11 applicant is required to meet a strict set of criteria that includes demonstration of a hardship. He said that in the early 1990s the City created the Special Exception process to allow property owners on residential lots the ability to seek Board approval to improve their properties without the same strict criteria required by the variance process. He cited an example of a dilapidated garage that property owners could only make repairs to, and not replace, because of required setbacks. He said that the special exception process allows them to replace the structure with Board approval. The Board reviewed the criteria for granting a special exception. The Board discussed Docket 56-08. Chairperson Ruden said that he felt that the application met the criteria for granting a special exception. The Board noted the duplex located on Lot 9 will meet the side yard setback requirements on the west property line, which borders the property owner on Lot 10 of Lenox Addition. Chairperson Ruden asked that the motion include the approval for 4 ~/z feet from the east side property line, since the original request was to construct a duplex 4 feet from the east side property line. Motion by Klauer, seconded by Ruden, to approve Docket 56-08 special exception with the condition that the west side setback be a minimum of six feet, that the east side setback be a minimum of 4 ~/z feet and to allow the duplex to be built on a 5,500 square foot lot. Motion approved by the following vote: Aye -Klauer, Gasper and Ruden; Nay -Cremer. DOCKET 43-08: Application of Greg Prehm/Dubuque Property Management for a special exception (tabled from July 28, 2008) for property located at 2635/2635 ~h University Avenue (Lot 7 Lenox Addition) to build a duplex on a 5,275 square foot lot, 6,000 square feet minimum required, and 3 feet from the west side property line, 6 feet minimum required, in an R-2 Two-Family Residential zoning district. Note: Discussion related to this docket was undertaken during the hearing of Docket 56-08. Chairperson Ruden requested that Dockets 56-08, 43-08 and 44-08 be heard simultaneously and voted on separately. Chairperson Ruden noted that he felt the application meets the criteria for granting a special exception. Chairperson Ruden felt that the motion should require a 4 ~/2 foot setback. Motion by Klauer, seconded by Gasper, to approve Docket 43-08 special exception (Lot 1-7 Lenox Addition) with the condition that the east side setback be a minimum of 6 feet, that the west side setback be a minimum of a 4 ~/z feet, and to allow the duplex to be built on a 5,275 square foot lot. Motion carried by the following vote: Aye -Klauer, Gasper and Ruden; Nay -Cremer. Minutes -Zoning Board of Adjustment August 28, 2008 Page 12 DOCKET 44-08: Application of Greg Prehm, Dubuque Property Management for a special exception (tabled from July 28, 2008) for property located at 2635/2635 ~/2 University Avenue (Lot 8 Lenox Addition) to build a duplex on a 5,500 square foot lot, 6,000 square feet minimum required, and 3 feet from the east and west side properly lines, 6 feet minimum required, in an R-2 Two-Family Residential zoning district. Note: Discussion related to this docket was undertaken during the hearing of Docket 56-08. Chairperson Ruden requested that Dockets 56-08, 43-08 and 44-08 be heard simultaneously and voted on separately. Chairperson Ruden noted that the request reads that the side yard setback be 3 feet; however, the motion will need to include that it must be 4 1/2 feet from the side property line. Motion by Klauer, seconded by Gasper, to approve Docket 44-08 Special Exception (Lot 8 Lenox Addition) with the condition that the east and west side property line setbacks be a minimum 4 ~/z feet and to allow the duplex to be built on a 5,500 square foot lot. Motion carried by the following vote: Aye -Klauer, Gasper and Ruden; Nay - Cremer. MINUTES & NOTICES OF DECISION: The minutes of the July 28, 2008 meeting and Notices of Decision for Dockets 24-08, 25-08, 41-08, 42-08, 45-08, 46-08, 47-08 and 48-08 were approved unanimously as submitted. ITEMS FROM PUBLIC: D. Michael O'Meara, 105 Kathy Drive, Mt. Prospect, Illinois, said he represents the Lenox Neighborhood Association. He referred to a previously approved request, Docket 30-08, which he said was a variance that permitted a .9 acre Planned Unit Development. Mr. O'Meara wanted to note that he is providing the Zoning Board of Adjustment and the City with an original and 7 copies of a request for rescission of the Board decision to approve the original variance. He also stated that he does not agree that the meeting minutes should be reviewed and approved at the end of Board meeting.. He said that they should be reviewed at the beginning of the meeting. Audrey Yarnell, 2356 University Avenue, wanted to know if the Zoning Board of Adjustment approved the special exception request to build the duplexes on the smaller lots. The Board directed Ms. Yarnell to address Staff in reference to the request. Staff Member Hemenway said that the Board had approved the Special Exception requests. Ms. Yarnell said that the applicant is required to have 6,000 square feet for a duplex. Staff Member Kritz explained that the State of Iowa grants the Zoning Board of Adjustment the power to waive some zoning regulations. Staff Member Hemenway noted that the Zoning Minutes -Zoning Board of Adjustment August 28, 2008 Page 13 Board of Adjustment stated that they felt the requests met the criteria for granting a special exception. Mary Kass, 2617 Van Buren Avenue, asked if the need to be notified of the change in the setback from 3 feet to 4 ~/z feet. Staff Member Hemenway explained that because the request is to move further back than what is required, that Staff is not required to notify property owners of that request. Carol Steckel asked Mr. Hemenway how many post holes would be needed to installed along her property line. Staff Member Hemenway explained that she would have to figure the length of her property line and divide it by 6 or 8 feet depending on the size of the fence panels needed. Staff Member Kritr explained to the Board that the neighbors are confusing the Board variance granted for the bulk standard for minimum PUD size. to the rezoning that was denied for a PUD. Staff Member Hemenway said that the minutes and notices could be moved to the beginning of the meeting for review so that people could comment at the beginning of the meeting. AD7OURNMENT: The meeting adjourned at 6:40 p.m. Respectfully submitted, Kyle L. Kritr, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZBAUVIinutes\ZBA Minutes 2008\ZBA min 08_28_08.doc