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Minutes Zoning Bd. Adj 2 22 01 MINUTES ZONING BOARD OF AD3U~I'MENT REGULAR SESSION Thursday, February 22, 2001 4:00 p.m. Auditorium, Camegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chairperson Mike Ruden; Board Members Fred Beeler, Jim UreJI, and Vick-y Bechen; Staff Members Guy Hemenway and Kyle Kritz. Board Member Bill Gasper. AFF~DAV~I' OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open MeeUngs Law. CALL TO ORDER: The meeting was called to order at 4:00 p.m. DOCKET 96-00: Application of Ken Moore/Moore Land Development, for a spedal exception (tabled from the December 21, 2000 meeting) for property located at 4999, 4995 & 4991 Twilight Drive and Lot 10.20.255.005 (corner of Radford Road and Red Violet Drive) to erect a 7 foot high fence in the front yard (Radford Road), 4 feet high maximum permitted, in an R-1 Single-Family Residential zoning district and an R-3 Multi- Family Residential zoning district. Ken Moore, 2345 Sunny Slope Drive, stated that he hired a sign contractor to erect a fence along the rear property line of several lots, and was not aware of the four-foot height restriction. Mr. Moore reviewed the location of the fence, the fence materials, and noted the fence has been removed from the visibility triangle at the comer of Red Violet Drive and Radford Road at the request of the City. Staff Member Hemenway reviewed the staff report, noting the regulations associated with fendng on through- lots. He stated that he had received one inquiry from a neighbor regarding the fence. Motion by Bechen, seconded by Urell, to approve the spedal exception as submitted. Motion was approved by the following vote: Aye - Bechen, Ureil, Beeler and Ruden; Nay - None. DOCKET 04-01: Application of Kenneth Bichell/Merrill Toups for a .conditional use permit for property located at 371-373 Bluff Street to allow a coffee shop in an OC Office Commercial zoning district. The Board derided to hear both the conditional use permit and vadance request simultaneously, and vote on each separately. Ken Bichell stated that he anticipates a Iow volume of customer t~ffic for his businesses. He stated the building was previously occupied by the Take 5 Coffee Shop. He noted the other businesses he plans to establish in the building, stating there would be a beauty salon and pottery studio. Staff Member Hemenway reviewed both the conditional use permit and variance requests. He explained how the parking requirements were calculated, the size of the existing parking lot, and discussed the availability of on-street parking in the Cable Car Square area: The Board discussed the availability of parking in the Cable Car Square area, additional parking resources in the area, and parking demand during peak periods. Motion by Urell, seconded by Bechen, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Becben, Urell, Beeler and Ruden; Nay - None. DOCKET 05-01: Application of Kenneth Bichell for a variance for property located at 371-373 Bluff Street to open three businesses with a demand for 18 parking spaces, where 10 spaces are provided, in an OC office Commercial zoning district. Motion by Urell, seconded by Bechen, to approve the variance as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 07-01: Application of Robert Unk for a variance for property located at 180 Westside Court to build a 30' by 40' office addition, with an 8' front yard setback, where 20' is required, in an CS Commercial Service and Wholesale zoning district. Bob Link stated that he wants to add on to the front of his building for office space. Staff Member Kritz stated that Mr. Link's business is at the end of the cul-de-sac on Westside Court. Mr. Link stated that he wants to move the main entrance to the north side of his building. Staff Member Kritz discussed the property layout, including access to the property and the internal configuration of the building. He stated the way the building plan was reconfigured afforded the best option for Mr. Link's expansion. Notion by Becben, seconded by Urell, to approve the variance as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 08-01: Application of Rod Christ for a conditional use permit for property located at 4031 Pennsylvania Avenue to allow a 32-seat restaurant with 3 employees in a C-2c Neighborhood Shopping Center (with conditions) zoning district. The Board decided to hear the conditional use permit request and the parking variance simultaneously, and vote separately on each request. Minutes, Zoning Board of Adjustment February 22, 2001 Page 3 Rod Christ outlined his request, asking the Board to approve the addition of a restaurant to his existing video rental business. Mr. Christ stated that most of the parking demand for the restaurant business would be in the evenings, when the other businesses in the building would be closed. Arnold Baker, 4836 Embassy Court, stated he felt there would be problems associated with allowing a restaurant in the area next to residential property. He stated he is concered that rubbish and vermin would proliferate in the area. Mr. Christ stated that delivery trucks will not be arriving late at night. He also stated that people frequenting the restaurant would not park at the rear of the building, but in front. He reviewed the other businesses in the building and their hours of operation, stating they are primarily open during the daytime. He stated that the food he serves will not be eaten in cars but mostly taken home or consumed at the restaurant. He stated that delivery of food and other materials will occur at the front of the building. Staff Member Hemenway reviewed beth the conditional use permit and the variance request, noting how the parking requirements were established for the entire structure and for Mr. Christ's businesses. The BOard reviewed the standards for granting a conditional use permit and found that the proposed use will comply with these standards. The Board also reviewed the proximity of single-family homes to the back of the commercial building and dumpster locations on the property. Motion by Urell, seconded by Bechen, to approve the conditional use permit as requested. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET O9-01: Application of Rod Christ for a variance for property located at 4031 Pennsylvania Avenue to allow a 32-seat restaurant with 3 employees in a business complex with 59 off-street parking spaces, where 66 off-street parking spaces are required, C-2c Neighborhood Shopping Center (with conditions) zoning district. Motion by Urell, seconded by Bechen, to approve the parking variance request as submitted. Motion was approved by the following vote: Aye - Bec-hen, Urell, Beeler and Ruden; Nay- None. DOCKET 10-01: Application of Andrew Mozena/Premier Bank for a variance for property located at 140 W. 9t~ Street to install four wall-mounted signs, where three are permitted, in a C-5 Downtown Business zoning district. Andrew Mozena reviewed his request, stating that the previous owner of the building received a variance; however, with only three wall-mounted signs, customers approaching from 9t~ Street would have difficulty identifying the business. He also stated Minutes, Zoning Board of Adjustment February 22, 2001 Page 4 that large-scale buildings surrounding the bank screen it from view. He stated the existing freestanding sign would be removed if the variance request is approved. Jim Urell excused himself from deliberations due to a conflict of interest. Staff Member Hemenway reviewed the former variance granted for this property. He said that it allowed a total of :[22 square feet and four signs. He stated that the current request would reduce the total signage to 96 square feet on four wall-mounted signs, with no frc~anding sign. He recommended that prior to installation of the wall-mounted sign, the freestanding sign be removed. The Board discussed the request noting that because the bank building is screened from view by the surrounding built environment, this property suffers a hardship. Motion by Bechen, seconded by Beeler, to.approve the request, with the conditions that the applicant be limited to 96 square feet of wall-mounted signage and that the freestanding monument sign be removed prior to installation of the wall-mounted signage. Motion was approved by the following vote: Aye - Bechen, Beeler and Ruden; Nay- None; Abstain: Urell. DOCKET 11-O1: Application of Marda Lawson/Holly Hill LLC for a special exception for property located at 909 W. 5~ Street to convert a single-family residence to a duplex, with 5,000 square foot of lot area, where 6,000 square foot minimum is required, in an R- 2 Two-Family Residential zoning district. The Board decided to hear both the special exception and parking vadance request simultaneously, and vote on each separately. Marcia Lawson explained her request to the Board, noting that she believes there is adequate on-street parking in this neighborhood. Ms. Lawson stated she converted the building back to a duplex and has been renting it as such since August of 2000. She stated that because the building was originally configured as a duplex, this is an appropriate request. Steve Kluesner, 886 W. 5~ Street, stated that on-street parking is limited in the area. He said he objects to the addition of a unit at this location. He stated that many of the single-family residences in this area have been converted to multi-unit dwellings. Chad .Johns, 866 W. 5~ Street, spoke in opposition to the request, stating concerns regarding the lack of available on-street parking. Carla, 909 W. 5~ Street, said she lives in the subject residence, and feels there is an adequate amount of available on-street parking in the neighborhood. She submitted a petition with signatures from neighbors in support of her request. Minutes, Zoning Board of Adjustment February 22, 2001 Page 5 Steve Kluesner, 886 W. 5~, stated that parking in this area has not been real difficult during the daytime. Tony Fernandez, Asbury Road, spoke in support of the request, noting that several of the vehicles that are parked in the neighborhood have been stored long-term, and therefore are creating a parking problem. He stated that he does not have difficulty finding adequate parking when he visits the property. Staff Member Hemenway reviewed the history of the structure and the loss of the grandfather status for the additional unit. He discussed the existing lot area. lie outlined the requirement for a parking variance and the availability of on-street parking in the neighborhood. The Board reviewed the status of on-street parking in the neighborhood and determined the applicant did not have the ability to add off-street parking on the property. The Board discussed the lot size and felt there Was adequate recreational area for the duplex. Motion by Urell, seconded by Bechen, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay- None. DOCKET 12-01: Application of Marcia Lawson/Holly Hill LLC for a variance for property located at 909 W. 5~ Street to convert a single-family residence to a duplex, with a defidt of 2 off-street parking spaces, in an R-2 Two-Family Residential zoning district. Motion by Urell, seconded by Beeler, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 06-01: Application of Medical Associates Realty/HSR Associates, Inc. for a conditional use permit for Lot 10, northeast comer of Medical Associates Campus to allow development of a senior housing campus including assisted living, independent aparl~ents and condominiums, in a PR Planned Residential zoning district. 3erry Bourquin, HSR Associates, :[nc., stated he is working as the architect on the continuing care/assisted living/duplex facility. He stated that the property could be developed as any of the residential uses permitted in an R-3 Multi-Family Residential zoning district. He said that the elderly will generate little traffic during peak periods. He stated that the facility is a destination and would not generate through traffic. Mr. Borquin discussed the new conceptual development plan, which relocated the access for the facility to Aggie Street from the corner of Welu Drive and Mar~ode Circle. He said that Aggie Street was originally designed for access to the bulk of the property. He said that Aggie Street or Welu' Drive are the only options for access to this residential Minutes, Zoning Board of Adjustment February 22, 2001 Page 6 property. He said that if trucks have to visit the site, they could require the truck be limited in size and that HSR and Medical Associates would work within the constraints of the existing city street pattern. He stated that the east end of Welu Drive is already zoned for multi-family residential development. He stated that the amount of traffic generated by this facility would be less than most multi-family or single-family developments would create. He stated that the elder care fadlity would generate approximately 275 vehicle trips per day and that other residential scenarios could generate upwards of 800 to 900 vehicle trips per day. He stated that the new configuration pulls the development back into the woods, and buffers the existing neighborhood. Bob Hartig, representing Medical Associates, discussed the original conceptual development plan for the area, which showed approximately 76 single-family residential lots. He discussed the evolution of the plan for the area from the original 28 acres to the current 10 acres of residential property. He discussed Medical Associates campus and how vehicle access currenUy is structured: He said that residential access to Medical Associates facility would conflict with the activity at Medical Associates and on the commercial out lots. Staff Member Kritz reviewed the new conceptual development plan, including the reconfigured Aggie Street access. Robert Klein, 3740 Welu Drive, stated that the new plan represents a significant change in access. He asked if the developer could guarantee that access to Medical AssOCiates campus would not be permitted. Staff Member Kritz discussed the change in access from the original location at Marjorie Circle and Welu Drive to its new Aggie Street access. The Board discussed tabling the request stating it represents a significant change in access. Board Member Bechen stated she is concerned with semi traffic through the neighborhood to the new facility. Tom Barton, 1625 Donovan Drive, asked if neighbors were notified about the change in access. James Holz, 1489 Marjorie Circle, said that most of his neighbors that have been notified support the new proposal. He said that he wholeheartedly supports the new Aggie Street access, and said that he is concerned with the potential for intense residential development on this property if the elder care facility is denied. Carrie Leicht, 1514 Marjode Circle, stated she has concerns with traffic safety, truck traffic and potential damage to city streets. She said that she will have to live with dirt, mud, hourly bus traffic and emergency vehicles if this facility is approved. She said these Minutes, Zoning Board of Adjustment February 22, 2001 Page 7 factors will decrease the value of her property. She feels that seniors will be active and generate potential traffic during peak periods. Dawn Cook, 1485 Lucy Drive, stated that she feels that if the neighbors had known the access had been shifted, that many more would have been here to speak regarding this issue. She stated that she does not like either access scenario, and asked if the property would have a secondary emergency fire access. She said she fears that the secondary access would eventually be used a cut-through. John Leicht, 1514 Marjorie Qrcle, said that Mr. Chuck Davis had to leave the meeUng, but asked Mr. Leicht to state that he is not in favor of the proposed elder care facility. Mr. Leicht said that the new development would create a proliferaUon of construction vehicles, which he feels will be dangerous in his neighborhood. He said that the addiUon of emergency vehicles, and other factors, will impact his property value. He stated it is bad to have a complex at the end of a neighborhood. Tom Barton, 1625 Donovan, said that the Aggie Street access would he advantageous to him because of his location on Donovan Street. He said that, however, if he was living on Lucy Drive or Weiu Drive, he would have additional concerns. He said for fairness, the folks along Weiu Drive and Lucy Drive should be noUfied of the changed access. ~erry Bourquin stated that the Aggie Street location is preferable because the City extended it for residential access. He said that either access would work for this project. He said that large truck or semi-t~ffic does not have to come to the facility. He said that single-family developments generate the same amount of emergency vehicle trips as eldedy fadlities. Bob Hartig stated that either access would work for the facility. He outlined the amount of houses along each of the potential accesses to the facility, stating there is only a six home difference between all three accesses. He said that the elderly living at this facility are entiUed to build homes on this property, and have the same dght to avail themselves of City services as all ciUzens of Dubuque. He stated that the construction traffic generated by the proposed elder care facility would taper off in approximately three years, where single-family construction could potentially have a ten year build out. Board Member Bechen asked if Medical Assodates owns the land. Mr. Hartig stated that Medical Associates owns the land, but wishes to sell it, and will not be the developer or manager of the property. Board Member Bechen asked about the emergency access for Medical Associates. Staff IVlember Kritz stated that if an ambulance is required to access the facility through the Medical Associates campus it would increase the response time. Jeff Gonner, representing Medical Associates Clinics and Medical Associates Realty, said that the property is owned by Medical Assodates Realty, LP, which is a group of doctors and residents of the city of Dubuque. He said they are selectively marketing the property in an effort to attract a development that will fit into the neighborhood. He said the Minutes, Zoning Board of Adjustment February 22, 2001 Page 8 Board is in a position to influence the development in this neighborhood, but that if the elder care fadlity is denied, and multi-family housing built, the Board would have no say so. Staff Member Kdtz said that typically site plans are not distributed as part of the notification process. He explained the notification process. He outlined the staff report discussing the odginal plat and a single-family lot configuration. He discussed Medical Associates campus and the emergency access to Donovan Drive. He stated the clinic and commerdal area were always intended to be separated from the existing residential development to the north. He said that the 10-acre balance of the property was intended to be developed as residenUal property. He stated that the subject property is next to exisUng R-3, which consists of single and two-family residences. He said that senior housing requires a condiUonal use permit because these facilities are often larger in scale and different in style from standard residenUal housing. He said that, if denied, he anticipates the area would be developed as a mix of single-family and duplex housing, which are popular, and are already found along Welu Ddve. He said that the senior traffic would be distributed throughout the day. The Board discussed construction and build out time of single-family and multi-family development versus the elderly fadlity. Board Member Bechen asked about potential damage to the streets from construction activity. Staff Member Kritz stated he would check with Engineering regarding the potential for damage to the streets because of construction. The Board discussed scheduling a special meeting to enable staff to renotify the neighbors regarding the change in access to Aggie Street. They asked staff to arrange a spedal meeting for Thursday, March 15. Motion by Urell, seconded by Bechen, to table the conditional use permit request. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay- None. MINUTES & NOTICES OF DECISION: The minutes of the January 25, 2001 meeting and Notices of Decision for Dockets 01-01, 02-01 and 03-01 were approved unanimously as submitted. AD3OURNMENT: The meeting adjourned at 6:30 p.m. Kyle L. Kdtz, Associa~ Planner Adopted