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Minutes Zoning Board of Adjustment 11 20 08 ~~o~ ~ ..- MastopieteontheMississ~ppi mm MINUTES CITY OF DUBUQUE ZONING BOARD OF AD]USTMENT REGULAR SESSION 4:00 p.m., Thursday, November 20, 2008 Majestic Room, Five Flags Civic Center D~ Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer, Jeff Cremer and Bill Gibbs. Board Members Absent: None. Staff Members Present: Guy Hemenway, Kyle Kritz, James O'Brien and Wally Wernimont 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 order by Chairperson Ruden at 4:00 p.m. MINUTES & NOTICES OF DECISION: Motion by Klauer, seconded by Gibbs to approve the minutes of the October 23, 2008 meeting and Notices of Decision for Dockets 59-08, 67-08, 68-08, 69-08, and 70-08. Motion carried by the following vote: Aye -Klauer, Cremer, Gibbs and Ruden; Nay -None. SPECIAL EXCEPTIONS DOCKET 75-08: Application of David & Nancy Crow for a special exception for property located at 1257 Cleveland Avenue to build a front porch 2 feet from the front property line, 20 feet required, in an R-2 Two-Family Residential zoning district. David Crow, 1257 Cleveland Avenue, discussed the proposed project. He said that the residence used to have a porch. He said that the house was built in 1870's. He said that the proposed porch will be approximately 8 to 9 feet wide and will have an open design with a roof. He said that there is a concrete pad where the proposed porch will be located. He said that the concrete pad has a crack in it that has become wider since Cleveland Avenue has been reconstructed. The Board discussed the porch design and the setback relative to the adjacent properties. City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 2 Staff Member Wernimont reviewed the special exception request. He said that the open style porch would be in keeping with the historic architecture in the neighborhood. The Board said that they felt that the application met the requirements for granting a special exception. Motion by Klauer, seconded by Gibbs, to approve the special exception request. Motion carried by the following vote: Aye -Klauer, Cremer, Gibbs and Ruden; Nay -None. CONDITIONAL USE PERMITS: DOCKET 72-08: Application of William Wells/Burlington Trailways for a conditional use permit for property located at 253 W. 1st Street to open a passenger transfer facility in a C-4 Downtown Commercial zoning district. Trevor Olson, representing Burlington Trailways, 906 Broadway, W. Burlington, Iowa, asked the Board to grant a conditional use permit for a passenger transfer facility. Mr. Olson referred to the staff report. He said that he feels that the facility at 253 W. 1~ Street is adequate. He said that he has received permission from Keyline Transit to use the Keyline bus stop for the loading and unloading of passengers. Chairperson Ruden asked about the facility. Mr. Olson said that the facility is a waiting room and a ticket office. He said that there are two scheduled bus stops during the day. He said that each stop takes approximately 10 minutes for the loading and unloading of passengers. Board Member Gibbs said that the application indicates that there is enough space in the waiting room for 26 people. Mr. Olson said that they average approximately 10 to 14 passengers per day. He said that the pick-up/drop-off times are 11:15 a.m. and 3:45 p.m. Board Member Klauer asked about the bus schedule. Mr. Olson said that the facility has two scheduled stops per day, every day of the week. Board Member Cremer asked if Burlington Trailways was granted permission to park in the Keyline Transit bus stop. Mr. Olson said that he received permission from Keyline Transit Manager, Jon Rodocker, to parkin the bus stop. Chairperson Ruden asked about parking requirements. Staff Member Hemenway explained the parking requirements for the passenger transfer facility. He explained the parking credits that were granted for the former use of the subject tenant space at 253 W. 1~ Street. City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 3 Board Member Klauer asked about the size of the bus. Mr. Olson said that the bus is approximately 45 feet long and Keyline busses are approximately 40 feet long. Board Member Klauer asked if there is adequate space for the Burlington Trailways bus to park. Staff Member Hemenway said that two types of busses use the stop-the Burlington Trailways bus and the Keyline City bus. Staff Member Hemenway said that Keyline Transit Manager, Jon Rodocker, has given permission to Burlington Trailways, to use the bus stop. Chairperson Ruden asked about the passengers after they deboard the bus. Mr. Olson said that the passengers either go to the office to be picked up by family or friends, or take a taxi or walk to their destination. Connie Schute, owner of the Jewelry Box at 245 W. 1~ Street, spoke in opposition to the request. She said that she has concerns with people loitering on the sidewalk. She submitted photos of the Burlington Trailways bus pickup and drop-off. She said that the photo was taken at 11:00 a.m. She said that the street is often congested with taxis. She said that it is difficult to have a bus depot located in the middle of a commercial strip center. Board Member Gibbs asked Ms. Schute if the photos showed the bus parking on W. 1~ Street. Ms. Schute said that they did. Mr. Gibbs asked if that is where the bus parks now. Ms. Schute said that the bus now parks in the Keyline bus stop on Locust Street. He asked if she had seen any change on the parking demand since the bus now stops on Locust Street. She said that she still has the same concerns. Jack Felderman, 7575 Mt. Carmel Road, said that he represents the property owner at 101/113/121 Main Street. He said that the property owner has had difficulty leasing the building due to the proximity of the bus depot. He said, however, the building is now going to be fully leased by a beauty salon and a woman's apparel store. He said that there are people interested in complete rehab of the building. He said that the building will be converted into condos with rental units on the upper floors. He explained that these units currently are vacant. Chairperson Ruden asked Mr. Felderman how many off-street parking spaces are associated with the building. Mr. Felderman said that there are four off-street parking spaces along the alley. He said that there are several parking spots located in the street along the edge of the property. Bill Alfredo, owner of Pinnacle Cellular located at 265 W. 1~ Street, spoke in opposition to the request. He said he has been a tenant at that location since 2000. He said that City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 4 on September 4, 2008, the Police Department was summoned to the bus depot in response to an altercation between females fighting on the sidewalk. He said that W. 1~ Street has a corner with no marked pedestrian crosswalk. He said that the bus used to park on W. 1~ Street. He said that a typical Burlington Trailways bus holds about 40 people. He said that the passengers, who are waiting to get on the bus, loiter and use the adjacent businesses for shelter and amusement until their bus arrives. He said that benches were placed in front of the facility on the public sidewalk. Board Member Klauer asked if any of the bus passengers get picked up on W. 1~ Street. Mr. Alfredo said that the bus will travel up Locust Street, and if a passenger is late, will circle the block and stop on W. 1~ Street in order to pick up the late arrival. Mr. Alfredo presented a photo of the Burlington Trailways office to the Board. The Board asked Mr. Alfredo if he took the photos. Mr. Alfredo said that his store manager had taken photographs. Chairperson Ruden asked how long the bus stays in the bus stop. Mr. Alfredo said it stays approximately 10 to 15 minutes. Mr. Alfredo submitted a petition with 22 signatures in opposition to the Burlington Trailways request for a conditional use permit. Mr. Alfredo said that Mayor Buol and City Councilman Dirk Voetberg felt that the bus stop is not appropriate at this location. Mr. Alfredo submitted a letter from the City that said that the proposed bus stop does not meet the City zoning requirements. Marry Bradley, Vice President of Burlington Trailways, said that Burlington Trailways is an Iowa-based company with approximately 100 employees. He said that when Greyhound left Dubuque, the City and State contacted him about the possibility of extending the Burlington Trailways bus service to Dubuque. He said that the City of Dubuque does not have an intermodal facility. He said that Burlington Trailways has been operating in Dubuque for quite a while. He said that he has never heard complaints about Burlington Trailways until they moved to this site. Mr. Bradley explained that busses are approximately 45 feet long and hold approximately 56 passengers. He said that, based on 2007 records, Burlington Trailways had not picked up any more than 29 passengers in a single day. He said that this much activity is usually associated with a major holiday. He said that they have an average of 10 passengers per day and that they picked up and dropped off approximately 5,200 passengers in Dubuque in 2008. He said that Burlington Trailways bus depots typically are located in a downtown areas. He explained that most of the passengers use the intra-city buses for round trips. He explained that there were incidents associated with parking the bus on W. 1~ Street. He said that they have corrected this situation by moving to the Keyline bus stop located on Locust Street. He City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 5 said that he has spoken with the Iowa Department of Transportation and they have submitted a letter to the City supporting the passenger transfer facility. Board Member Klauer said that when Greyhound was located in the City, they had their own facility for bus parking and passenger loading. Board Member Klauer said that he felt that the people in Dubuque are not opposed to the bus service; they are just opposed to the bus service at this location. Chairperson Ruden clarified that the Zoning Board of Adjustment's duty is to review the conditional use permit request for the Burlington Trailways passenger transfer facility at this. site. He explained that the Board is not there to discuss alternative sites. Tom Thompson, 1116 Holy Cross Road, Manager of the Oky Doky store at 250 W. 1~ Street, spoke in opposition to the request. He said that the current location does not meet the needs of the bus and the surrounding neighborhood. He said that people who are picking up and dropping off passengers use the Oky Doky parking lot. He said that some of them park there for extended periods awaiting the buses' arrival. He said that parking in the area is not adequate. Cheryl Callahan, 2521 Windsor Avenue, said she is the owner of Callahan Photography located at 249 W. 1~ Street. She said she agreed with the neighboring business owners. She said any passenger transfer facility should consider the possibility of a future expansion. She expressed concerns with the safety of the neighborhood. Dan LoBianco, Executive Director of Dubuque Main Street, Ltd., said that the Main Street Board was in favor of the zoning ordinance amendment that permitted a passenger transfer facility to seek a conditional use permit in the downtown area. He explained that, although they are in favor of Burlington Trailways bus service somewhere in the city, they felt that the bus terminal at this location is not compatible with the surrounding neighborhood. He discussed the conditions established for a bus depot to be located in a C-4 Downtown Commercial zoning district. He said that the unloading and loading of passengers at the current location has caused problems. He said that the Burlington Trailways bus is not the same as the Keyline City bus because the Keyline bus pulls up and transfers passengers in a much briefer period of time. Mr. LoBianco said that he observed the Burlington Trailways bus projecting 5 feet into the street. He said that this was due to the fact that a car was parked in a metered space in front of the Keyline bus stop not affording the Trailways bus the space necessary to park safely. He said that the Burlington Trailways bus is wider than Keyline busses, therefore, shortening the width of the east lane along Locust Street. He discussed the indoor seating capacity for the facility, stating that it is not adequate. He said that there is not enough space for passengers and their luggage and that there is City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 6 no entertainment being provided in the waiting room. He said that people are dropped off early in the morning and loiter until the bus arrives. He said that passengers wander through the neighborhood and sometimes go next door and watch TV at Pinnacle Cellular or wait in the Oky Doky for the bus to arrive. He said that the bathroom and the entrance to the facility are not handicap accessible. He said that the bus depot opens at 10:00 a.m. and that the bus does not arrive until 11:15 a.m. He said that the property does not have any off-street parking. He said that this area has limited parking. He said if parking spaces were to be removed to create a bus stop, it would have a negative impact on the business owners. Dave McDermott, 1513 Falcon Drive, ticket agent for Burlington Trailways, said he is open 5 days a week from 10:00 a.m. to 4:00 p.m. and that he meets the bus on Saturday. and Sundays. He explained that Burlington Trailways does not have a sign on the exterior of the building because they do not want to invest money and then be asked to move to a different location. He said that the bus used to park on W. 1~ Street; however, that was corrected and that they are now using the Keyline bus stop on Locust Street. He said he is trying to keep bus passengers quiet for the surrounding neighborhood. He noted that a lot of his passengers are repeat customers. Mr. Olson was asked if he wanted a rebuttal. He indicated he did not have anything to add. Staff Member Hemenway presented his staff report. He explained the request and the history associated with the Burlington Trailways bus depot at this location. The Board asked how they were able to operate from this location without a conditional use permit. Staff Member Kritz said that Burlington Trailways approached the Planning Services Department inquiring about a proposed site. Staff Member Kritz noted where bus depots used to be located in the past. Chairperson Ruden asked if a bus depot was allowed at this location. Staff Member Kritz said that, prior to the text amendment, passenger transfer facilities were not listed as a permitted use in the any zoning district in the city. He said the City amended the Zoning Ordinance to allow a passenger transfer facility as a permitted use in some districts and as a conditional use in other districts. He said that the loading and unloading of passengers was not a problem at former locations. He also explained that Staff Member Wernimont was not contacted by Burlington Trailways regarding their intention to locate in their present site. , Staff Member Kritz referred to an a-mail that was submitted from the Engineering Department that referenced several locations for the proposed bus depot. Staff Member Hemenway said that the Burlington Trailways bus has received a communication from John Rodocker authorizing them to use the City bus stop. He City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 7 discussed the text amendment permitting passenger transfer facilities as a conditional use. Staff Member Hemenway reviewed the criteria for the granting of a conditional use permit. He said that while on his site visits he has not observed the bus extending into the intersection of W. 1~ Street and Locust Street. He said that other tenants in the subject building do not have off-street parking. He discussed the location of on-street metered parking throughout the neighborhood. He explained that there are approximately 16 spaces on W. 1~ Street and 10 spaces on Locust Street in direct proximity to the bus facility. He discussed the parking requirements for passenger transfer facilities. He said that the Burlington Trailways bus depot meets the parking requirement. Staff Member Kritz said that the parking requirements are based on waiting room floor area similar to requirements established by several other cities. He said that the Zoning Board of Adjustment has the ability to place conditions on the approval of a conditional use permit as it regards parking. Staff Member Hemenway said when he observed the 11:15 a.m. drop-off that cabs and cars do not appear until around 11:05 a.m. He said that during his site visit he observed people leave the site when by around 11:20 a.m. Staff Member Hemenway referred to photos of the site. He explained how passengers exit and enter the bus. He said that the waiting room has approximately 26 seats and a restroom. He discussed parking in the area during passenger transfers. He said that the Board can place conditions upon approval of the request. He said that there is no limit of the number of times the bus can stop at this location. He said that staff recommends that, if approved, the Board place a condition on the number of scheduled stops the bus can have in a day and require that the applicant sign a formal agreement with the City to insure continued use of the Keyline Bus stop. He asked the Board to review the criteria for granting a conditional use permit. The Board reviewed the standards for granting a conditional use permit. Board Member Klauer said that he feels that the proposed bus depot does not meet Criteria #3. Chairperson Ruden said that he feel that the proposed bus depot does not meet the current building code. He said that he feels that the proposed site is a dangerous location for a bus to be stopping to unload and load passengers. Board Member Gibbs agreed and said that he appreciates the service Burlington Trailways provides; however, he feels that this location is not appropriate. He expressed concerns with traffic and pedestrian safety and impacts on the neighborhood. City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 8 Board Member Klauer said that Burlington Trailways provides a valuable service; however, it is not compatible with adjacent businesses. Motion by Klauer, seconded by Gibbs, to approve the conditional use permit request. Motion denied by the following vote: Aye -None; Nay -Klauer, Cremer, Gibbs and Ruden. VARIANCES: DOCKET 73-08: Application of Greg & Peggy Stover for a variance for property located at 1145 Locust Street to open a bed & breakfast /meeting center with a deficit of 20 off-street parking spaces. The applicant was not in attendance. The Board decided to hear the variance request. No one spoke in opposition to the request. Staff Member Wernimont outlined the variance request. He said that the applicant wants to open a bed and breakfast and event center. He said that the applicant received a conditional use permit for a bed and breakfast and event center at the previous Zoning Board of Adjustment meeting. He discussed the former use of the building and the existing number of off-street parking spaces associated with the property. He explained that the applicant is proposing to have some events with up to 80 people. The Board discussed the criteria for granting a variance and noted that the request meets the criteria. Motion by Klauer, seconded by Gibbs, to approve the variance request, as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Gibbs and Ruden; Nay - None. DOCKET 74-08: Application of Lange Sign Group /Bird Chevrolet Co. for a variance for property located at 3255 University Avenue to place a freestanding sign 90 feet from an existing freestanding sign, 100 foot minimum separation required, in a C-3 General Commercial zoning district.. Board Member Randy Klauer excused himself from the table. Mike Lange, Lange Sign Group, said that he is applying for variance for the sign. He said that the sign typically would be allowed; however, it is too close to another freestanding sign. He explained that the site suffers a hardship because of the location of the building relative to the existing freestanding signage. He said it would be difficult City of Dubuque Zoning Board of Adjustment Minutes -November 20, 2008 Page 9 to place a freestanding sign so as to meet the 100 foot separation requirement. He explained that the proposed freestanding sign will be erected on poles and will be located approximately 1 foot from the face of the building. Dave Walsh, 1645 Fox Drive, representing Bird Chevrolet, explained that Bird Chevrolet has been operating at this location since 1966. He said that General Motors is requiring that he install a corporate sign so that all of the remodeled dealerships have the same general appearance. Randy Klauer, 2437 Valentine Drive, explained that the proposed sign alterations are a standard upgrade for the chain. He said that the wall-mounted sign was removed from the building and that a freestanding sign is being proposed. Staff Member Hemenway reviewed the staff report. He noted the separation from other signs located on the site. He explained sign regulations for an auto dealership located in a C-3 General Commercial zoning district. He distributed aerial photos of the site. He explained the reasons for separation between freestanding signs. Motion by Gibbs, seconded by Cremer, to approve the variance as submitted. Motion carried by the following vote: Aye -Cremer, Gibbs and Ruden; Nay -None; Abstain - Klauer. ITEMS FROM STAFF: Review Unified Development Code: Article 1 through Article 6 Staff outlined the proposed changes to the Unified Development Code. The Board asked if they will have another opportunity to review the proposed Code changes. Staff Member Kritz said that there will be more opportunities for them to review the Unified Development Code. ITEMS FROM BOARD: The Zoning Board of Adjustment asked if they could have a substitute Board member available. They asked if former Board members can hear cases when regular Board members are not in attendance. Staff indicated they will check with Legal staff to see if this is possible. AD7OURNMENT: The meeting adjourned at 6:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZBAWlinutes\ZBA Minutes 20081ZBA min 11 20 08.doc