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Minutes Zoning Board of Adjustment 9 25 08~E crc,r of Dubuque DUB E D~'~~ Masterpiece on the Mississippi I ~ ~ ' MINUTES Zoa, ZONING BOARD OF AD]USTMENT REGULAR SESSION Thursday, September 25, 2008 4:00 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa PRESENT: Board Members Randy Klauer, Jeff Cremer, Bill Gasper and Bill Gibbs; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. ABSENT: Chairperson Mike Ruden. 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. by Vice Chairperson Randy Klauer. MINUTES & NOTICES OF DECISION: Motion by Gasper, seconded by Gibbs to approve the minutes of the August 28, 2008 meeting and Notices of Decision for Dockets 43-08, 44- 08, 49-08, 51-08, 52-08, 53-08, 54-08, 55-08, and 56-08. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 50-08: Application of Paul Lynch/Delee Jochum for a Special Exception (tabled from August 28, 2008) 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. Paul Lynch, 8670 Harvest Lane, said that he wants to enclose an existing concrete porch. Staff Member Wally Wernimont distributed photos of the porch to the Board. The Board reviewed the photos. Staff Member Wernimont reviewed the staff report. He noted the request is to enclose a front porch 0 feet from the front property line. He referred to photos of the site and said that the property is located on a corner. He explained that there is no impact on the view from the adjacent property and no visibility problems at the intersection of Ries Street and Windsor Avenue. Motion by Gasper, seconded by Gibbs, to approve the special exception with the condition that: If doors are installed on the porch, there must be a minimum 3 foot by Minutes -Zoning Board of Adjustment Page 2 September 25, 2008 3 foot stoop on the exterior, as per Building Code. Motion approved by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 57-08: Application of Kevin & Paula Wade for a special exception for property located at 2290 Shiras Avenue to build a 28 foot by 40 foot detached garage 1 foot from the north side properly line, 6 feet required, 1,120 square feet in area, 1,000 square feet maximum permitted, in an R-1 Single-Family Residential zoning district. Kevin Wade said he is proposing to build a 28 foot by 40 foot detached garage to store his boat at the rear of his property. He explained that he has purchased a 50 foot section of City property at the rear of his lot in order to accommodate the garage. Staff Member Wally Wernimont outlined the staff report. He discussed the setbacks and the size of the garage with the Board. He explained that the City has sold property adjacent to Mr. Wade's lot and that a survey plat has been included in the packet. He said that there have been letters of support submitted from the adjacent property owners for the proposed detached garage. He said that the driveway must be paved. Motion by Gasper, seconded by Gibbs, to approve the special exception request, with the condition that storm water be directed away from the adjacent properties. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 58-08: Application of Todd & Jena Wilwert for a special exception for property located at 3130 Nightengale Lane to build a 16 foot by 24 foot addition 9 feet from the rear property line, 20 feet required, in an R-2 Two-Family Residential zoning district. Todd Wilwert, 3130 Nightengale Lane, said he wants to build a family room onto the rear of his house. Staff Member Guy Hemenway distributed photos of the site to the Board. Board Member Cremer asked if the subject property is below the grade of the adjacent mobile home park. Mr. Wilwert indicated that the finished floor level will be below the grade of the adjacent mobile home park. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report. He reiterated the special exception request. He noted the rear yard setbacks for properties located in the R-2 Two-Family Residential zoning district. He discussed to the addition location in relationship to the location of the mobile home park. Minutes -Zoning Board of Adjustment Page 3 September 25, 2008 Motion by Gibbs, seconded by Gasper, to approve the special exception. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 59-08: Application of Ronald Brooks/Diana Fouche for a special exception for property located at 2513 Broadway Street to construct a front porch 5 feet from the front property line, 20 feet required, in an R-2 Two-Family Residential zoning district. The applicant was not in attendance Motion by Gasper, seconded by Gibbs, to table the application to the October 23, 2008 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye - Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 60-08: Application of Douglas Henry, Heartland Inns of American LLC for a variance for property located at 2090 South Park Court to construct a commercial building 9.8 feet from the front property line, 20 feet required, in a C-3 General Commercial zoning district. Douglas Henry, Heartland Inns of American LLC, discussed the variance request. He noted that the building had been there for several years. He provided photographs showing the building's location relative to the adjacent properties. Board Member Gibbs asked how a commercial structure was approved that did not meet setback requirements. Mr. Henry said that the property is addressed from South Park and is over 100 feet from the highway. He said that he felt that it was an oversight by City staff. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report. He explained the request and noted distances from the property line. He explained that a site plan was submitted and reviewed by the City. He said that City staff may have overlooked the distance from the property line. He explained that the applicant is required to receive approval for a variance. He explained that the building is located over 175 feet from the nearest structure and over 100 feet from the paved portion of the roadway. Motion by Gasper, seconded by Cremer, to approve the variance request as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay - None. DOCKET 61-08: Application of Rick Droeske, Lange Sign Group/Brenda Hefel, Thermo Fisher Scientific for a variance for property located at 2555 Kerper Boulevard to install a Minutes -Zoning Board of Adjustment September 25, 2008 Page 4 320 square foot temporary sign, 32 square feet maximum allowed, in an HI Heavy Industrial zoning district. Rodney Carroll, head of Management Affairs, Thermo Fisher Scientific, explained his request to the Board. He said that the proposed temporary sign will be placed next to the current Thermo Fisher Logo on the exterior of the building. He said that the banner would be removed after afour-month time period. He explained that given the size of the sign, they do not have an area on the building where the sign could be placed where the employees can see it. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report. He reiterated the variance request and explained the sign requirements for temporary signs. He discussed the size of the building noting that temporary signs do not vary based on the size of the wall area as does permanent signage. He explained that a 32 square foot sign would disappear on a wall of this size. Board Member Klauer asked about the timeframe that the sign will be allowed. Staff Member Hemenway explained the time duration. He explained that the applicant could receive four months for this calendar year and four months for next year. Staff Member Hemenway noted that the Board can limit the timeframe for temporary signs. Mr. Carroll said that Thermo Fisher Scientific would like to display the sign for approximately four months. The Board discussed the timeframe. Board Member Klauer said that the Board can require the temporary banner to be removed after four months. Motion by Gibbs, seconded by Cremer, to approve the sign variance with the condition that the sign be removed on January 25, 2009. Motion approved by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 62-08: Application of Rick Droeske, Lange Sign Group / Steele Capital Management for a variance for property located at 788 Main Street to install a third wall-mounted sign on the building, 2 signs maximum permitted, in a C-5 Central Business zoning district. Rick Droeske, Lange Sign Group explained the request to the Board. He said that Steele Capital Management is proposing to place a sign on the rear of the building at Stn & Main Streets. Mr. Droeske said that the existing building has two wall-mounted signs-one on Main Street and one on the Stn Street facade. He explained that the building is connected to the parking ramp located on 8t Street. He said that Steele Minutes -Zoning Board of Adjustment Page 5 September 25, 2008 Capital Management would like to place a 31 square foot wall-mounted sign on the back of the building. He explained that the sign would be visible to visitors using the parking ramp. Board Member Gibbs asked about the clients that visit the property. Kathryn Moran, representing Steele Capital Management said that they have clients that visit their property frequently. She said that they use the parking ramp and that the proposed sign will help direct clients to the building. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report. He explained the sign regulations for properties located in the C-5 Central Business zoning district. He said that the parking ramp will have an additional skywalk that will serve as an entrance to the NICC building. He discussed the square footage of the signs on the building noting that the total area of all three signs will be approximately 80 square feet, where 200 square feet is allowed. Board Member Klauer reviewed the criteria for granting a variance. He said that the property has three entrances with an access to the upper level from the parking ramp. He said he felt that the sign meets the criteria for granting a variance. Motion by Gasper, seconded by Cremer, to approve the sign variance as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay - None. DOCKET 63-08: Application of Gronen Properties Inc./Fischer Companies for a variance for property located at 10t" & Main Street allow a structure to encroach into the visibility triangle of 10t" & Main Streets in a C-5 Central Business zoning district. Jeff Morton, architect, said he represents Gronen Properties Inc. and The Fischer Companies. He outlined the variance request for the Board. He said that they are proposing to move a historic building that is currently located at 20t" & Elm Streets, onto the lot at the corner of 10t" & Main Streets. Mr. Morton discussed the necessity to relocate the building and referred to a site diagram and the street configuration of the proposed site. He discussed the existing built environment and the commercial neighborhood at 10t" & Main Streets. He addressed traffic flow as it regards public safety. He said that the intent into maintain a cropped corner on the existing historic building. No one spoke in opposition to the request. Minutes -Zoning Board of Adjustment September 25, 2008 Page 6 Staff Member Wernimont reiterated the variance request. He said that all of the structures on the corner of 10t" & Main Streets are built close to the property line. He said that City staff has reviewed a site plan for the project. The Board said they feel that the request meets the criteria for granting a variance. Motion by Gasper, seconded by Gibbs, to approve the variance request, with the condition that the City Engineering Department approve a revocable license for the encroachment of the building into City right-of-way. Motion carried by the following vote: Aye Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 64-08: Application of Mike & Barbara Heitr for a conditional use permit for property located at 1085 University Avenue to open a tattoo parlor in a C-2 Neighborhood Shopping Center zoning district. Barbara Heitr, owner of 1085 University Avenue, explained that her request is to open a tattoo parlor. She explained that, presently, they have a piercing parlor at this site. The Board discussed the location of the proposed tattoo parlor. The Board noted that they approved a conditional use permit for a tattoo parlor located across University Avenue from this location. Staff Member Hemenway presented the staff report. He noted that the tattoo ordinance in the City of Dubuque has changed.. He explained that a conditional use permit is required for a tattoo parlor in a C-2 Neighborhood Shopping Center zoning district. He said that staff has notified everyone within 200 feet of the property. Motion by Gibbs, seconded by Gasper, to approve the conditional use permit, as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 65-08: Application of Susan Boots for a conditional use permit for property located at 689 Peru Road to build a 20 foot by 20 foot detached garage in the flood plain in an R-1 Single-Family Residential zoning district. Susan Boots, 689 Peru Road, said that she wants to build a detached garage but her property is located on a flood plain. She said that there is an existing storage building that will be removed once the garage is constructed. Staff Member Wernimont outlined the request to build the detached garage. He explained that the Zoning Board of Adjustment reviewed and approved a similar request on an adjacent property a few years ago. He discussed the flood plain construction approval process. He distributed photos of the site and referred to the site plan indicating the location of the proposed detached garage. He said that, if approved, the Minutes -Zoning Board of Adjustment September 25, 2008 Page 7 applicant would be required to obtain a base flood elevation from the Iowa Department of Natural Resources. The Board discussed flooding in the area. Motion by Gasper, seconded by Gibbs, to approve the conditional use permit with the condition that the small shed be removed before the garage is built; and the base flood elevation are determined by the Iowa Department of Natural Resources. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. DOCKET 66-08: Application of City of Dubuque for a conditional use permit for property located at 1600 Butterfield Road (Southeast corner of Butterfield Apartments) for storm water and sanitary sewer improvements including stream channel realignment along the North Fork of Catfish Creek. Staff Member Kyle Kritz discussed the stormwater and sanitary sewer project. He said that the realignment of the creek requires Iowa Department of Natural Resources and Zoning Board of Adjustment review and approval for the project. He said that the realignment of the creek is designed to carry the same volume of water as the existing alignment. He discussed the realignment and construction of sheet piling necessary for the project. He said that the realignment will be on a small portion of Catfish Creek only. He said that the project will lower overall water levels and only raise water in a small area. The Board discussed sanitary and stormwater issues. Motion by Gasper, seconded by Cremer, to approve the conditional use permit, as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gasper and Gibbs; Nay -None. ITEMS FROM STAFF: Memo from City Legal staff request for rescission on Docket 30-08. Staff discussed the memo submitted by Mr. Dennis O'Meara regarding his request that the Board rescind their approval of Docket 30-08. Staff noted that the Board need not take any action regarding the request. AD]OURNMENT: The meeting adjourned at 5:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted