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Minutes_Zoning Board of Adjustment 3 28 19 Copyrighted April 15, 2019 City of Dubuque Consent Items # 1. ITEM TITLE: Minutes and Reports Submitted SUM MARY: Airport Commission of 3/25;Arts and Cultural Affairs Advisory Commission of 3/22; Catfish Creek Watershed ManagementAuthority of 3/6; 4/4; City Council proceedings of 4/1; Community DevelopmentAdvisory Commission of 3/20; Five Flags Civic Center Commission of 3/25; Historic Preservation Commission of 3/21 ; Historic Preservation Commission Fair Committee of 3/21; Library Board of Trustees Council Update#181 of 3/28; Long Range Planning Advisory Commission of 3/20; Resilient CommunityAdvisory Commission of 4/4; Zoning Advisory Commission of 4/3; Zoning Board of Adjustment of 3/28; Proof of publication for City Council Proceedings of 3/18. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Airport Commission Minutes of 3/25/19 Supporting Documentation Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation of 3/22/19 Caffish Creek Watershed ManagementAuthority Supporting Documentation Minutes of 3/6/19 Caffish Creek Watershed ManagementAuthority Supporting Documentation Minutes of 4/4/19 City Council Proceedings of 4/1/19 Supporting Documentation Community De�lopmentAdvisory Commission Minutes Supporting Documentation of 3/20/19 Five Flags Civic Center Commission Minutes of Supporting Documentation 3/25/19 Historic Preservation Commission Minutes of 3/21/19 Supporting Documentation Historic Preservation Commission - Preservation Fair Supporting Documentation Committee Minutes of 3/21/19 Library Board of Trustees Council Update#181 of Supporting Documentation 3/28/19 Long Range Planning Advisory Commission Minutes of Supporting Documentation 3/20/19 Resilient Community Advisory Commission Minutes of Supporting Documentation 4/4/19 Zoning Advisory Commission Minutes of 4/3/19 Supporting Documentation Zoning Board of Adjustrnnet Minutes of 3/28/19 Supporting Documentation Proof of Publication for City Councl Proceedings of Supporting Documentation 3/18/19 �u6uque tHec�rvor �ii�� Dm��� DUB [JE '������ � a Mnster'�iere mi fhe Missis=i� � %om��mv F ip so��zm� MINUTES CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT REGULAR SESSION 5:00 p.m. Thursday, March 28, 2019 City Council Chamber, Historic Federal Building Board Members Present: Chairperson Jonathan McCoy, Board Members Keith Ahlvin and Bethany Golombeski, Staff Members Guy Hemenway, Travis Schrobilgen and Wally Wernimont. Board Members Excused: Board Members Jeff Cremer and Joyce Pope. Board Members Unexcused: None. CALL TO ORDER: The meeting was called to order by Chairperson McCoy 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 February 28, 2019 Zoning Board of Adjustment meeting as submitted. Motion carried by the following vote: Aye —Ahlvin, Golombeski and McCoy; Nay — None. Docket 04-19Nariance: Application of Patrick Norton, representing Tri-State Industries, 1340 Synergy Court, to construct a storage building 8' from the rear property line, 25' minimum required, in the Dubuque Industrial Center West Planned Industrial Zoning District. Pat Norton, Buesing & Associates, 1212 Locust Street, said that he represents Tri-State Industries. He said that the setbacks in the Dubuque Industrial Center West are a bit different than normal industrial zoning setbacks. He said that the applicant is asking to build 8 feet from the rear property line. He said that because of topography and site development on the adjacent property, the request should have minimal impact. Staff Member Wernimont outlined the staff report. He discussed the submitted site plan showing the proposed location of the building addition. He discussed neighboring zoning. He said that Mr. Norton had submitted a letter outlining Tri-State Industries concerns should the building have to meet the required setback. He said physical site constraints limit the vehicle turning radius making the reduced setback necessary. Zoning Board of Adjustment Minutes March 28, 2019 Page 2 Board Member Ahlvin asked if there had been any concerns expressed regarding the potential impact on solar arrays. Staff Member Wernimont said he had not received any complaints. Chairperson McCoy asked if there were any issues with potential runoff from the site. Staff Member Wernimont said that the proposed addition would be reviewed by the City's Development Review Team regarding storm water management. Board Members discussed the request and felt it was appropriate. Motion by Golombeski, seconded by Ahlvin, to approve the request to construct a storage building 8' from the rear property line, 25' minimum required, in the Dubuque Industrial Center West Planned Industrial Zoning District as submitted. Motion carried by the following vote: Aye — Ahlvin, Golombeski and McCoy; Nay — None. Docket: 05-19/Special Exception: Application of Keith and Michelle Dague, 855 South Grandview Heights, to construct a 1 ,600 square foot detached garage, 1 ,000 square foot maximum permitted, in an R-1 Single-Family Residential zoning district. Keith Dague, 855 South Grandview Heights, said that he would like to build a 32' by 50' garage for his personal use. Staff Member Hemenway reviewed the staff report, referencing the maps and aerial photos provided to the Board. He said that the property is unusual in that it is over an acre, is located well back from the Grandview Avenue frontage, and is screened by vegetation. He noted that the garage will not be out of proportion with the existing single-family home, and that it will not block the view from any adjacent properties or from the access driveway. Chairperson McCoy asked how the runoff would work. Staff Member Hemenway noted that it would run to the northwest, across a large area of turf grass and into an existing drainage. Board Member Golombeski asked about the building height. Staff Member Hemenway noted that a detached accessory structure cannot exceed 15 feet in height. He reiterated that the garage cannot be used for commercial purposes Motion by Golombeski, seconded by Ahlvin, to approve the Special Exception to construct a 1 ,600 square foot detached garage, 1 ,000 square foot maximum permitted, in an R-1 Single-Family Residential Zoning District. Motion carried by the following vote: Aye — Ahlvin, Golombeski and McCoy; Nay — None. Docket 06-19/Special Exception: Application of Terry Roussel, 2216 Windsor Avenue, to construct a detached garage, for a total of 1 ,320 square foot of accessory Zoning Board of Adjustment Minutes March 28, 2019 Page 3 structures, 1 ,000 square foot maximum permitted, in an R-2A Alternate Two-Family Residential zoning district. Terry Roussel, 2216 Windsor Avenue, said he would like to build a second garage because he has a new truck, two ATVs and a classic car he would like to store inside. He said he would place the garage on a concrete slab that is already in place. Chairperson McCoy said that it appeared as though there had been a building there previously. Mr. Roussel said that there had been a swimming pool there that had been removed. Staff Member Wernimont detailed the staff report. He discussed the proposed use and storm water management, noting there would only be 30°k lot coverage, which he said is under the 50°k allowed in an R-2A District. He reiterated that the structure could not be used for commercial purposes. Board Members discussed the request and felt it was appropriate. Motion by Ahlvin, seconded by Golombeski, to approve the Special Exception request as submitted. Motion carried by the following vote: Aye — Ahlvin, Golombeski and McCoy; Nay — None. Docket 07-19/Siqn Variance: Application of Core Investments Group, Inc./Jamie McDonald to install one 31 .2 square foot wall-mounted sign, 16 square foot maximum permitted, in an OC Office Commercial Zoning District for property located at 40 Main Street. Curt Mitweed, Curt Signs, 3060 Cedar Crest Court, said that because of the scale of the building and its proximity to the adjacent streets, a 16 square foot sign would not be easy to see. He said that a neighboring tenant in the same building asked for a similar variance for a 32 square foot sign and was approved. Staff Member Hemenway detailed the staff report, noting the location and dimensions of the proposed sign, stating that the building was a large, there-story multi-tenant building. He noted the presence of a ghost sign on the building at approximately where the proposed sign would be located. He said that based on the building's scale and its proximity to the public right-of-way, a 16 square foot sign would disappear on the building. He said that a 32 square foot sign would have very limited impact on the adjacent commercial properties. Board Members discussed the request. Motion by Ahlvin, seconded by Golombeski, to approve the sign variance as submitted. Motion failed by the following vote: Aye — Ahlvin and Golombeski; Nay — McCoy, citing Zoning Board of Adjustment Minutes March 28, 2019 Page 4 the variance conditions (2) stating that the owner is unable to make reasonable use without the variance, (4) that granting the variance will confer an applicant with special privileges denied others in the neighborhood; and (5) that granting the variance would be contrary to public interest or would adversely affect other properties in the vicinity and may not be in harmony with the intent and purpose of the ordinance. ITEMS FROM STAFF: Staff Member Kritz outlined the appeal process. ITEMS FROM PUBLIC: Curt Mitweed requested a reconsideration, noting the lack of a full Board. Chairperson McCoy and Board Members discussed how the reconsideration process works. Staff Member Hemenway said that the Chairperson could agree to a reconsideration, which would save the applicant paying an additional fee. Mr. Mitweed asked for clarification regarding the criteria cited by Chairperson McCoy. Chairperson McCoy said that he felt Google and other GPS applications are what would drive potential clients to the Core Investments office space, not a somewhat larger sign. Mr. Mitweed said that he appreciated that Chairperson McCoy was bringing his experience in the downtown area into his decision. Board Member Ahlvin asked if the Board could reconsider the request. Board Members discussed the reconsideration process and staff reviewed by-laws. Motion by McCoy, seconded by Golombeski, to reconsider pocket 07-19 at the next regular Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —Ahlvin, Golombeski and McCoy; Nay — None. ADJOURNMENT: Motion by Ahlvin, seconded by Golombeski, to adjourn the March 28, 2019 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —Ahlvin, Golombeski and McCoy; Nay — None. The meeting adjourned at 5:41 p.m. Respectfully submitted, Guy Hemenway, Assistant Planner Adopted