Minutes_Zoning Board of Adjustment 11 15 18 Copyrighted
December 17, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 12/5; City Council Proceedings
of 12/3; Community Development Advisory Commission of
10/17, 11/28; Five Flags Civic CenterAdvisory
Commission of 11/26; Historic Preservation Commission of
11/5; Housing Commission of 11/27; Human Rights
Commission of 11/5; Library Board of Trustees Council
Update #177 of 11/29; Long Range Planning Advisory
Commission of 11/13; Park and Recreation
Advisory Commission of 11/13; Zoning Advisory
Commission of 12/5; Zoning Board of Adjustment of 11/15;
Proof of Publication for City Council Proceedings of 11/5,
11/19; Proof of Publication for List of Claim and Summary
of Revenues for Month Ending 10/31 .
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 12/5/18 Supporting Documentation
City Council Proceedings of 12/3/18 Supporting Documentation
CDAC Minutes of 10/17/18 Supporting Documentation
CDAC Minutes of 11/28/18 Supporting Documentation
Five Flags Civic Center Commission Minutes of Supporting Documentation
11/26/18
Historic Preservation Commission Minutes of 11/15/18 Supporting Documentation
Housing Commission Minutes of 11/27/18 Supporting Documentation
Human Rights Commission Minutes of 11/5/18 Supporting Documentation
Libary Board of Trustees Council Update#177 of Supporting Documentation
11/29/18
Long Range Planning Advisory Commission Minutes of Supporting Documentation
11/13/18
Park and Recreation Advisory Commission Minutes of Supporting Documentation
11/13/18
Zoning Advisory Commission Minutes of 12 5 18 Supporting Documentation
Zoning Board of Adjustment Minutes of 11/15/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
11/5/18
Proof of Publication for City Council Proceedings of Supporting Documentation
11/19/18
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 10/31/18
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4MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, November 15, 2018
City Council Chamber, Historic Federal Building
Board Members Present: Vice Chair Jeff Cremer, Board Members Keith Ahlvin,
Bethany Golombeski, and Joyce Pope; Staff Members Guy Hemenway, Kyle Kritr and
Wally Wernimont.
Board Members Excused: Chairperson Jonathan McCoy.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Vice Chair Cremer at 5:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the lowa Open Meetings Law.
MINUTES: Motion by Golombeski, seconded by Ahlvin, to approve the minutes of the
October 25, 2018 Zoning Board of Adjustment meeting as submitted. Motion carried by
the following vote: Aye —Ahlvin, Golombeski and Cremer; Nay— None; Abstain — Pope.
Docket 42-18/Special Exception (tabledl: Application of Ron Fishnick, 2554 Pinard
Street, to construct a 1,118 square foot attached garage, 880 square feet maximum
allowed, and 15' from the front property line, 20' minimum required, in an R-2 Two-
Family Residential zoning district.
Becky Johnson, 2920 Balke Street, said that she represented Mr. Fishnick. Vice Chair
Cremer noted that all but one of the Board members had heard the case at the last
Board meeting.
Staff Member Hemenway said that Mr. Fishnick told him that he would agree to move
the garage 20 feet back from the front property line, and place the garage doors on
both the west and north building walls in an effort to address the concerns raised by the
Board at the last meeting. Staff Member Hemenway reiterated the request, noting the
status of the unplatted Pinard Street right-of-way. He said that the conditions requested
by the Board at the last meeting had been met by Mr. Fishnick.
The Board discussed access to the adjacent lots. Staff Member Hemenway stated that
because Pinard Street is private property and not a platted City street or alley, it is
Zoning Board of Adjustment Minutes Page 2
November 15, 2018
governed by civil law regarding easements. Board Members discussed visibility issues
regarding vehicles backing out of the proposed garage. Board Members discussed the
request and felt that the conditions proposed by Mr. Fishnick would satisfy their
concerns.
The Board discussed how to state the conditions. Staff inember Hemenway said that
the Board could state that the request was approved for a 20-foot setback from the
front property line and require that the garage doors be located on the north and west
garage walls.
Motion by Golombeski, seconded by Pope, to approve the Special Exception request
with the conditions that:
1) The garage be placed a minimum of 20 feet from the west property line; and
2) The garage doors be located on both the north and west walls.
Motion carried by the following vote: Aye — Ahlvin, Pope, Golombeski and Cremer; Nay
— None.
Docket 44-18/Conditional Use: Application of Shota 2, Inc., 1450 Loras Blvd., to
expand an existing gas station/convenience store in a C-1 Neighborhood Commercial
zoning district.
Reggie Jones said that he represented Shota 2, Inc., 1450 Loras Blvd. He said that
their intent is to add a walk-in cooler on the backside of the building. Vice Chair Cremer
asked if the addition approved in 2017 on the west side of the building had been built.
Mr. Jones said that they are moving the cooler to the rear of the property and that they
may build the west side addition at some point in future.
Larry Hoelscher, 1330 Nowata Street, said that he had attended the 2017 meeting for
the addition proposed for the west side of the building. He said he had concerns with
light from cars parked on the west side of the building shining into the residences along
Nowata Street. He said that at that time the Board required that a fence be placed at
the end of the parking area to shield the adjacent properties from headlights. Mr.
Hoelscher said that the fence had been erected and then dismantled and he said he
would like to ensure that, if approved, the fence be replaced. He said he had concerns
with soil erosion from the construction site, noting that mud and gravel had washed out
onto the adjacent property's sidewalks.
Mr. Jones stated the property owner has no objections to erecting the fence as directed
and managing any soil erosion from the site.
Board Member Pope asked how long the construction project would take. Mr. Jones
said that they would like to install the cooler immediately after approval.
Zoning Board of Adjustment Minutes Page 3
November 15, 2018
Staff Member Hemenway noted receipt of a letter from Jane Schmitt, 1377 Wood
Street, in opposition to the request. He said that although Ms. Schmitt asked for
anonymity, he told her that anonymity could not be provided because any letter
submitted to the Zoning Board of Adjustment at the public hearing would be public
record.
Staff Member Hemenway outlined the staff report, discussing the terms of the previous
request. He said that as the addition approved in 2017 had not been built the
conditions, other than screening the dumpster, had not been implemented. He noted
that the proposed cooler addition would be built at the rear of the building. He said that
a building permit for the addition had not been applied for. He discussed the reasons
that gas stations located in C-1 Neighborhood Commercial districts require a conditional
use permit noting that they can generate excessive noise, activity, traffic and demand
on parking and bright lighting in what is often a residential setting.
He explained the size and location of the proposed addition, noting that the industrial-
style cooler would be placed 10 feet closer to the adjacent residential property than the
current building wall. He said that the previous conditional use permit granted by the
Board is still in effect, and if the current request is denied, the original request would still
be valid. He said that the Board can place any conditions on approval that they feel are
necessary to mitigate any negative impacts the addition may cause.
Staff inember Hemenway recommended that, if approved, the Board require that; 1) no
lighted wall-mounted signage be permitted on the buildings west, south and east walls;
2) a privacy fence be installed on west side of the building to shield the adjacent
residential properties from headlights; and, 3) landscaping be placed along the south
side of the addition to partially screen the proposed cooler.
Board Members discussed the request. Board Member Ahlvin said that had the
previous building request been built and not caused problems he may be more prone to
approve the current request. He said that the proposed addition may have an impact
on the adjacent residential properties.
Motion by Ahlvin, seconded by Cremer, to approve the Conditional Use Permit request
with the conditions that:
1) No lighted wall-mounted signage be permitted on the buildings west, south and
east walls;
2) A privacy fence be installed on west side of the building to shield the adjacent
residential properties from headlights; and
3) That landscaping be placed along the south side of the addition to partially
screen the proposed cooler addition from the adjacent residential properties.
Zoning Board of Adjustment Minutes Page 4
November 15, 2018
Motion was denied by the following vote: Aye — None; Nay — Ahlvin (citing Criteria H),
Pope (citing Criteria F & H), Golombeski (citing Criteria G & H) and Cremer (citing
Criteria G).
Docket 45-18/Special Exception: Application of Kim and Sue Reiter, 3460 Kimberly
Drive, to allow a 7-foot high fence to remain in the front yard (Asbury Road), 4-foot
maximum permitted, in an R-1 Single-Family Residential zoning district.
Kim Reiter, 3460 Kimberly Drive, explained his request to the Board. He said that the
six-foot high fence had been in place for nine and a half years. He said that when
sidewalks were installed along Asbury Road, the vegetative screening had to be
removed; thus, eliminating his privacy. He said that the fence was installed to provide
privacy in the back yard, cut down on vehicle noise, and to prevent trash from blowing
from the street into the rear yard. He said that he had gone through a process nine and
a half years ago that required the neighbor's signatures that he thought approved the
fence.
Adrian Appelman, 3468 Kimberly Road, spoke in favor of the request. He said that the
fence does not impact visibility to the street from the adjacent properties. He said that
he moved to the property four years ago, and that the fence was already in place at that
time.
Staff Member Hemenway presented the staff report. He said that staff received a
complaint regarding the fence. He said that the Zoning Enforcement Officer
investigated and; therefore, an enforcement action was undertaken facilitating the need
for a Special Exception. He said that while a building permit was not required for
fences, they still cannot exceed the maximum height allowed.
In response to a concern raised by Mr. Reiter, Staff Member Hemenway said that the
fence at 3440 Kimberly Drive had received a Special Exception to build in excess of
four feet along Asbury Road frontage. He noted that no vehicles back out onto Asbury
Road from the Kimberly Street neighborhood and that the adjacent houses are oriented
toward Kimberly Drive. He noted that there are 14,000 vehicle trips per day along
Asbury Road and the six-foot high fence helps to visually screen pedestrian and
vehicular traffic and the noise generated by the vehicles. He said the fence will provide
privacy to the back yard.
Board Members discussed the request and felt it was appropriate.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request as
submitted. Motion carried by the following vote: Aye — Ahlvin, Pope, Golombeski and
Cremer; Nay — None.
Zoning Board of Adjustment Minutes Page 5
November 15, 2018
Docket 46-18/Special Exception: Application of Adrian and Jocelyn Appelman, 3468
Kimberly Drive, to allow a seven-foot high fence to remain in the front yard (Asbury
Road), four-foot maximum allowed, in an R-1 Single-Family Residential zoning district.
Mr. Appelman had spoken regarding his request during the former special exception
discussion for 3460 Kimberly Street. Board Members agreed that the fences adjoin and
that all the circumstances were the same.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request
as submitted. Motion carried by the following vote: Aye — Ahlvin, Pope, Golombeski
and Cremer; Nay — None.
Docket 47-18/Special Exception: Application of Gary Rose, 2126 Graham Circle, to
build a 9.5' x 10' attached deck 2.5 feet from the east side property line, 6-foot
minimum required, in an R-1 Single-Family Residential zoning district.
Lottie and Gary Rose, 2126 Graham Circle, detailed their request. They said they
would like to extend their deck giving them more room and access to the rear of their
property. Mrs. Rose said that the reconfigured deck would be more aesthetically
pleasing. She stated she was surprised by the letter of opposition from the neighbor,
Marty Till at 2128 Graham Circle, as she had spoken with him and at the time he did
not oppose their project. She said that the deck will be approximately three feet from
the side property line. She said that the letter submitted by neighbor was somewhat
redundant in that he mentioned property value three times.
Mrs. Rose said she felt the reconfigured deck would increase the property value and
not have a negative impact on the adjacent property. She said that there is existing
shrubbery that helps screen the property. She said that the proposed deck will be lower
in elevation than the existing deck and will not compromise the privacy of the adjacent
property. She said it would be difficult to increase the setback and still have the deck
be functional.
Board Members discussed the potential deck designs. Staff Member Wernimont noted
the letter from Marty Till, 2128 Graham Circle, in opposition to the proposal. He said
that the deck, as proposed, would be of an open design, be built off the back side of the
house and would be further away from the adjacent residence. He said that it would be
the same width as the existing deck with a step down. He said the Board can consider
conditions regarding the deck that could include a privacy fence or vegetative
screening.
Board Member Pope recommended that the Roses' speak with their neighbor regarding
screening and then come back to the Board.
Board Member Ahlvin asked if the applicants would agree to a privacy fence. The
applicants said they were hesitant to put up a seven-foot high privacy fence along the
Zoning Board of Adjustment Minutes Page 6
November 15, 2018
property line because they felt it would be more imposing than the deck itself. Board
Member Pope recommended the applicants consider a six-foot high screening fence or
vegetation. The applicants both felt the fence would not be aesthetic and would detract
from the overall appearance.
Board Members asked if the Roses' would consider tabling their application in an effort
to work out a compromise agreement with the adjacent property owner regarding
screening and deck design. The applicants agreed.
Motion by Cremer, seconded by Golombeski, to table the Special Exception request to
the next regular meeting. Motion carried by the following vote: Aye — Ahlvin, Pope,
Golombeski and Cremer; Nay — None.
Docket 48-18/Special Exception: Application of Primos Properties, 514 Kaufmann
Avenue, to build a 1 ,200 square foot garage, 1 ,000 square foot maxim um permitted, in
an R-1 Single-Family Residential zoning district.
Tom Herbst said that he represented Lorenzo Dominguez, 2616 Lobo Lane. He said
that Mr. Dominguez's request is to build a large garage in the rear yard. He said that he
has worked diligently to remodel the house and clean-up the property, including
removing vegetation. Mr. Dominguez said that he is willing to move the garage out of
the flood plain, if necessary. He said that his intent is to store his cars. Mr. Herbst said
that Mr. Dominguez has a large family and they need additional parking and storage.
Staff Member Wernimont reiterated the request, noting that the proposed garage will be
1 ,200 square feet, where 1 ,000 square foot maximum is permitted. He noted the flood
plain's location on the subject property. He said that the subject lot is very large and
that the garage would not be out of scale. He said that all of the structures on the
subject property cover very little of the lot. He noted flood plain regulations for this
property, stating that as base flood elevations had not been established, the applicant
would have to establish base elevations and then elevate the structure one-foot above
the 100-year flood plain. He said that the applicant can also shift the structure to be out
of the flood plain. He said that the driveway to the garage would have to be paved, and
that the garage could not be used for commercial purposes. He said that the Board
could approve as shown or require that the garage be built outside of the floodplain.
Board Members discussed the request and felt a compromise would be to approve two
separate locations.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request
to build a 1 ,200 square foot garage, where 1 ,000 square foot maximum is permitted, in
an R-1 Single-Family Residential District as shown, or directly outside of and up to the
designated flood plain. Motion carried by the following vote: Aye — Ahlvin, Pope,
Golombeski and Cremer; Nay — None.
Zoning Board of Adjustment Minutes Page 7
November 15, 2018
Docket 49-18/Special Exception: Application of Susan and Thomas Becker, 246 E.
14�h Street, to construct a 3' x 8' detached storage shed 0 feet from the south and west
property lines, 3 feet minimum required, in a C-4 Downtown Commercial zoning district.
Susan Becker, 246 E. 14�h Street, said they would like to construct a very small bike
shed in the rear yard in an effort to securely store bikes and provide a little additional
room in their house.
No one spoke in opposition.
Staff Member Hemenway said that the shed would be built along a privacy fence, would
be very small in size, and will not impact visibility from adjacent properties to the alley.
Board Members discussed the request and felt it was appropriate.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request
as submitted. Motion carried by the following vote: Aye — Ahlvin, Pope, Golombeski
and Cremer; Nay — None.
ITEMS FROM STAFF: None.
ITEMS FROM BOARD: None.
ITEMS FROM PUBLIC: None.
ADJOURNMENT: Motion by Ahlvin, seconded by Pope, to adjourn the November 15,
2018 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Pope, Golombeski and Cremer; Nay — None.
The meeting adjourned at 635 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted