Minutes Zoning Bd Adj 4 26 01PRESENT:
ABSENT:
MINUTES
ZONING BOARD OF ADJUSTMENT
Thursday, April 26, 2001
Regular Session
4:00 p.m.
Auditorium, Carnegie Stout Library
60 West 11th Street, Dubuque, Iowa
Chairperson Mike Ruden; Commission Members Vicky Bechen, Fred
Beeler and Jim Urell.
Bill Gasper.
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 at 4:00 p.m.
At the request of the applicant, Chairperson Ruden moved Docket 20-01 to the beginning of
the meeting.
DOCKET 20-0t: Application of Richard Breithapt, 2967 Timberline, to build a 2,400 square
foot detached garage, 1,000 square feet maximum allowed, and 16 feet in height, 15 feet
maximum allowed, in an R-1 Single-Family Residential zoning district.
Richard Breithaupt stated that he wants to build a 2,400 square foot garage to store personal
items. He stated that he has a very large lot and needs a large building for storage.
Brian Lenz, 3040 Oak Crest, said that his living room window overlooks the area where the
garage will be placed. He said he is opposed to such a large building.
Richard Bhethaupt said that his property sits below the adjacent property, and only the roof will
be visible from the Oak Crest area. He said the structure would be a new metal pole building
with metal roof. ·
Staff Member Wemimont said that the applicant's lot is large and the building site sits below
the grade of the adjacent properties. The Board reviewed the criteria for granting a special
exception. Board members discussed property elevations, the metal building, andits impact
on adjacent residential properties. Chairperson Ruden said that this is an unusually large
building for this residential area. The Board discussed the building's size and location, and felt
that it is not in character with the residential area.
Motion by Urell, seconded by Bechen, to approve the request for a special exception. The
motion was denied by the following vote: Aye - None; Nay - Bechen, Urell, Beeler and Ruden.
DOCKET 17-01: Application of Harold & Dorothy Fuller, 1271 Curtis St., to build a 24' by 36'
garage 4 feet from the front property line (McEvoy Street), 20 feet required, in an R-1 Single-
Family Residential zoning district.
Minutes - Zoning Board of Adjustment
April 26, 200!
Page 2
Harold Fuller stated that the front of his garage would be approximately 8 feet from the front
property line. He said that the new garage would be located approximately the same distance
from the street as an existing garage that will be demolished for the building project. He stated
he did not want to move the garage farther back, because it will block the view in his back
yard.
The Board members discussed the adjacent property, including IDOT right-of-way that borders
the property to the northeast. Staff Member Wemimont outlined the staff report, stating that
the applicant proposes to replace an existing garage with a new garage that will have access
to McEvoy Street. He said that McEvoy is a dead-end stub street with few other residential
properties, and that the applicant's property is primarily surrounded by public right-of-way. He
stated that all adjacent property owners were informed of the applicant's request as part of the
public notification process. Staff Member Kritz stated that the proposed garage meets the
required s'~e yard setback.
Motion by Bechen, seconded by Beeler, to approve the request for special exception as
submitted. Motion was approved by the following vote: Aye - Bechen, Gasper, Beeler and
Ruden; Nay - None.
DOCKET 18-01: Application of Michael Brennan, 3135 Central Avenue, to allow a catering
business as a home occupation in an R-3 Multi-Family Residential zoning district.
Michael Brennan spoke in favor of his request, stating that he wants to prepare from 75-90
sandwiches per day in his home to sell in a lunch wagon. He stated that his kitchen has been
inspected by the Health and Building Departments. He said there would be no deliveries of
food to his home. Staff Member Wemimont said that a letter provided by Mr. Brennan
addressed all the cdteda regarding a home occupation as outlined in the Zoning Ordinance.
He said there would be no deliveries to Mr. Brennan's home, and that he would leave the
residence from 8:30 a.m. to 12:30 p.m. to deliver sandwiches. The Board reviewed the cdteria
for granting a conditional use permit and agreed that the applicant's request met that cdtaria.
Motion by Urell, seconded by Beeler, to approve the request as submitted.. Motion was
approved by the following vota.~ Aye - Bechen, Gasper, Beeler and Ruden; Nay - None.
DOCKET 19-01: Application of Chris C. Clark, 2411 Rhomberg Avent~e, to build a 1,200
square foot detached garage, 800 square feet maximum allowed, in an R-2A Alternate Two-
Family Residential zoning district.
Chris Clark, 14435 Highway 20, Peosta, explained his proposal to the Board. He stated that
only the residents of the duplex on Rhomberg Avenue would use the garage. He stated that
there would be no electrical service extended to the garage. Chairperson Ruden questioned
why the applicant has proposed four fully separate car bays with separate entrances. Mr.
Clark stated that he would agree to convert the four-stall garage to two double bays. He stated
that the garage would be wood frame with vinyl siding to match the existing duplex. Staff
Member Kritz stated that the driveway must be paved.
Minutes - Zoning Board of Adjustment
April 26, 2001
Page 3
Motion by Urell, seconded by Bechen, to approve the applicant's request, with the conditions
that:
1) the driveway from the alley to the garage be paved;
2) the garage be built to transcend the property lines as per the site diagram;
3) two walls of separation, two entry doors and two garage doors be removed to leave a
garage with two double bays, two garage doors and two entry doors; and
4) the garage is for the use of tenants of the duplex only.
Motion was approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay -
None.
DOCKET 21-01: Applicant of Chadie & Vicki Glab, 804 English Lane, to build a 2,000 square
foot detached garage, 1,000 square feet maximum allowed, and 21 feet in height, 15 feet
maximum allowed, in an R-1 Single-Family Residential zoning district.
Charlie Giab distributed elevations and site plan drawings of his proposed garage~ He
described his garage project to the Board. He said that the garage will be located on a
wooded lot with access to Southern Avenue. He stated that the garage will be made of wood,
and will have one overhead door, one-man door and windows along the south side only. He
stated that his garage would be used for storage of things including a lawn mower, snowplow,
bikes and hunting and fishing equipment. Mr. Glab stated there would be landscaping
between the garage and the street.
Board members discussed the size of the garage and its relationship to adjacent residential
structures. StaffMember Hemenway outlined the staff report, stating that there had been two
inquiries regarding the structure from neighbors. He stated the structure will be located on a
two acre lot surrounded on three sides by woods and will be approximately 120 feet from the
nearest residence. Chairperson Ruden said that he felt that the structure was too large and
out of character with the surrounding residential properties. He recommended that the Board
members drive by the proposed garage location to gauge its size and proximity to adjacent
residences.
Motion by Urell, seconded by Beeler, to table the applicant's request with the recommendation
that Board Members Urell, Beeler, Klauer and Gasper drive by fie property. Motion was
approved by the following vote: Aye -.Bechen, Gasper, Beeler and Ruden; Nay - None.
NOTE: The Board asked that minutes of the meeting be distributed to Board Mem~bers GasPer
and Klauer.
DOCKET 22-01: A~oplication of Gary & Kathleen Jensen, 395 Villa Street, to build an attached
garage 6 feet from the front property line (Florence Street), 20 feet required, in an R-1 Single-
Family Residential zoning district.
Gary Jensen stated that he wants to build an attached double car garage on the west side of
his home. Board Members reviewed photos of the existing garage and house. Staff Member
Kritz stated that ~ garage will face Florence Street, and will be approximately 18 feet from
the paved portion of the street. He stated that the proposed garage will not block visibility from
Minutes - Zoning Board of Adjustment
Apdl 26, 2001
Page 4
a vehicle to the street. Mr. Jensen stated that he will use the existing garage for storage. The
Board members felt the proposed garage would not have a negative impact on the adjacent
residential properties or public safety.
Motion by Bechen, seconded by Urell, to approve the request as submitted. Motion was
approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay - None.
DOCKET 23-0t: Application of John and Sandra Hahn, 2116 Key Way Drive, to allow an
automobile detailing business as a home occupation in an R-1 Single-Family Residential
zoning district.
John Hahn stated that he planned to detail automobiles, both at remote locations and at his
home. He stated that during inclement weather he would detail cars in his garage. He stated
that there would be no more than one client's car on his property at any given a time. He
stated that he may occasionally wash the cars in the driveway. He also stated there would be
no signs on his property advertising his business. He stated that he would drive his car to the
customer's house, and return with the customer's car to his home for detailing.
Bob Hines, 3422 Foothill Road, expressed his concerns about the detailing business, stating
he is opposed to it.
Richard Haupert, 3460 Foothill Road, stated he has concerns with traffic and parking in the
neighborhood that could be generated by the proposed business. He stated he does not have
a problem with the business if Mr. Hahn was limited to one car at a time.
Mr. Hahn stated there would be no truck delivery to his home.
Staff Member Hemenway stated that a vehicle detailing business is neither permitted nor
prohibited as a home occupation. He stated, therefore, a conditional use permit is necessary
for this particular proposal.
Board Members questioned Mr. Hahn as to his hours of operation and the noise level of
equipment he would operate. Mr. Hahn stated that his equipment is very quiet and that he
would not work on weekends. *
The Board discussed the criteria for granting a conditional use permit and felt that Mr. Hahn's
proposal met said criteria.
Motion by Bechen, seconded by Urell, to approve the conditional use permit with Conditions
that:
1) The hours of operation be limited from 7:00 a.m. to 9:00 p.m.
2) Only one car at a time may be detailed on the premises.
Motion was approved by the following vote: Aye - Bechen, GasPer, Beeler and Ruden; Nay -
None.
Apd~ 26, 2001
Page 5
DOCKET 24-01: Application of Richard and Carol McFadden, 5304 Pennsylvania Avenue, to
build a detached garage 16 feet in height, 15 feet maximum permitted, in an R-1 Single-Family
Residential zoning district.
Richard McFadden stated that he wants to build a garage. He said that the surrounding
properties are owned by his relatives and neighbors, and are primarily large farms. He said he
wants to build a garage with a mansard roof which makes the building a foot higher than
permitted. He said that the garage will be sided with plywood and have an asphalt shingled
roof.
Staff Member Wemimont reviewed the staff report, noting the distances from the proposed
garage to adjacent residential properties.
Motion by Urell, seconded by Beeler, to approve the request as submitted. Motion was
approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay - None.
DOCKET 25-01: Application of Dubuque Postal Employees Credit Union, 1155 Loras
Boulevard, to allow a credit union in a C-2 Neighborhood Shopping Center zoning district.
Dave Sheehan, representing the applicant, reviewed the proposal, noting that there is no
available off-street parking for this particular building. He stated that the credit union would be
relatively small with only one or two employees, and the hours of operation would be from 1:00
p.m. to 5:00 p.m. three or four days a week. He stated that there are currently 330 credit union
members.
Charles Clark, 1614 Lincoln Avenue, said that he is the owner of Varsity Laundromat, and is
also the ce-owner of the gravel parking lot next to Rettenmaier's carpet store. He said he is
concerned about the availability of parking in the area.
Don Lochner, 853 Alta Vista, stated that he owned the property and that he has paid for
maintenance of the adjacent parking lot in the past. He stated that there are three on-street
parking spaces in front of the business on Loras Boulevard.
Rhonda Welsh, 1182 Locust S~reet, stated that she was the former oc~upant of the building,
and that she had four beauticians in the beauty salon. She said that there were many times
when eight parking spaces were needed to satisfy the clientele for the beauty salon.
John Rettenmaier, 1105 Loras Boulevard, stated that off-street parking is needed in the winter
because of the snow on the streets.
Don Lochner stated that the city streets are cleared of snow, and that he clears the snow in
front of this property.
Staff Member Hemenway reviewed the staff report, discussing required parking for the
proposed use, parking credits and available on street parking in the neighborhood. He also
reviewed leased parking arrangements proposed between adjacent property owners. The
Board reviewed the past history of the business in the area and the number of spaces utilized
Hinutes - Zoning Board of Adjustment
April 26, 2001
Page 6
by the former beauty shop. The Board discussed possible parking demand for the proposed
credit union. The Board reviewed the permitted uses in a C-2 District. The Board reviewed
the cdteria for granting a conditional use permit and felt that the Postal Employees Credit
Union met said criteria.
Motion by Urell, seconded by Bechen, to approve the conditional use permit as submitted..
Motion was approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay -
None.
DOCKET 26-01: Application of Greg and Peggy Stover, 1145 Locust, to allow a bed and
breakfast inn and restaurant in an OC Office Commercial zoning district (in conjunction with a
rezoning application from OR to OC).
Greg Stover, 1145 Locust Street, discussed his proposal with the Board. He stated that his
building would be one of the stops on the Victorian Progressive Dinner Tour. He stated that he
did not plan to hold wedding receptions at this location. He also stated that he has no intention
to open a public restaurant, but that the building would be used for special events. He said
that he does not anticipate opening a bed and breakfast immediately. He stated that he owns
an 18-space parking lot across Bluff Street behind his building. He said that the events held at
this facility will be primarily at night and on the weekends.
Rhonda Welsh, 1182 Locust Street, expressed her concerns about parking on Locust Street.
Deb Overturff, of the Stout House, stated that the Stout House used to be a bed and breakfast,
and .the aroa has historically accommodated these kinds of uses. She feels that the Stover's
proposal would not create traffic problems.
Jim Gross, 2345 Clark Crest Ddve, spoke in favor of the proposal, stating that he thought this
was a groat adaptive re-use of this structure.
Mr. Stover explained that parking will be located in the back because of the location of a
handicapped-accessible ramp. He explained that the former funeral home generated a lot of
traffic.
Rhonda Welsh asked if the conditional permit is tied to the property. Staff Member Kdtz stated
that a conditional use permit is tied to the property.
Staff Member Hemenway stated that an approved conditional use permit would be contingent
upon receiving approval from the Zoning Advisory Commission for a rezoning from Office
Residential to Office Commercial. He stated that the availability of an 18-space parking lot
associated with the facility would help satisfy the parking demand generated by the proposed
facility. He stated that staff recommends the facility be limited to 100 patrons, and that the
parking lot be used only for the building and not leased parking. Staff presented the Board
with aerial photos and photographs of the site. Board Members discussed the joint use of the
Masonic Temple parking lot. Mr. Stover stated there is an informal agreement between the
Masons and Egelhoff-Casper Funeral Home to share parking.
Minutes - Zoning Board of AdJustment
April 26~ 2001
Page 7
Board members discussed the potential uses proposed by the applicant, parking and traffic
generation, bus parking and adaptive mm-use of the existing structure. Board members
reviewed the criteria for granting a conditional use permit.
Motion by Bechen, seconded by Ummll, to approve the conditional use permit with the
conditions that:
1) the seating capacity of the facility cannot exceed 60 people;
2) bus parking be confined to the romar parking lot; and
3) the 18-space parking lot in the romar be reserved for the facility and not leased parking.
Motion was approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay-
None.
DOCKET 27-0t: Application of Amy and Troy Rambousek, 790 Cottage Place, to build a
detached garage 10 feet fi.om the front property line (Woodworth Street), 20 feet required, in
an R-1 Single-Family Residential zoning district.
Troy Rambousek stated that originally he reviewed his request with Staff Member Wernimont.
He said that his detached garage will have a fi.ost wall and a flat roof with a deck on top. He
stated that he had the garage engineered so that the roof would support a deck above. He
stated the neighbors were aware of his project, and did not raise any objections.
Staff Member Wernimont outlined the staff report, stating that the garage would be detached
and located at the romar of the property on a corner lot, 10 feet from the property line. He stated
that {he garage should not limit visibility.
Board members discussed the affect of the garage on public safety and its potential impact on
adjacent residen§al properlJes.
Motion by Urell, seconded by Beeler, to approve the special exception as submitted. Motion
wes approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay - None.
DOCKET 28-01: Application Of Stephen Hardie, 62 Fremont Avenue, to build a 1,422 square
foot accessory building, 1,000 square feet maximum allowed, and 16 f~et in height, 15 feet
maximum allowed, in an R-1 Single-Family Residential zoning district.
Stephen Hardie said that he wants to build a 1,400 square foot accessory building for home
woodworking. Staff distributed elevations and photographs of the building and property. Staff
Member Kritz outlined the staff report, stating that a neighbor had contacted him and was not
opposed to Mr. Hardie's project. He said that the proposed accessory building would be
buffered by public right-of-way and a golf course, and would be well removed fi.om adjacent
residential structures. The Board discussed the proposed accessory building and felt that it
would have very limited impact on public safety or the use, value and enjoyment of adjacent
residential properties.
Minutes - Zoning Board of Adjustment
April 26, 2001
Page 8
Motion by Urell, seconded by Beeler, to approv® the special exception as submitted. Motion
was approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay- None.
DOCKET 29-01: Application of Randall Klauer, 2485 Pinard Street, to construct a duPlex on a
5,106 square foot lot, 6,000 square feet minimum required, in an R-2 Two-Family Residential
zoning district.
The special exception was tabled until the May 24, 2001 Zoning Board of Adjustment meeting.
DOCKET 30-01: Application of Carpetland USA/Johnetta Brooks Real Estate Holdings,
4095 McDonald Ddve, to install a 165 square foot wall-mounted sign, for a total of 285 square
feet of wall:mountad signage, 150 square foot maximum permitted, in a C-3 General
Commercial zoning district.
Kurt Duitsman presented photos to the Commission. He said that the Carpetiand building is
not viewable from the street. He presented a picture of the proposed sign to the Commission.
Staff Member Hemenway explained that Carpetland's existing sign is grandfathered, and is
165 ~quare feet. Staff and Commission reviewed the sign request. Dewey Roe, sign
contractor, explained that the there will be very liffie space between the letters on the sign.
The Commission reviewed the size and location of the sign and the criteria for granting a
variance.
Motion by Urell, seconded by Beeler, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - None; Nay - Bechen, Beeler, Ruden, and
Ure~i.
DOCKET 31-01: Applica§on of Toby Kress, 637-649 W. 8th Street, to construct a duplex on a
4,000 square foot lot, 5,000 square foot minimum required, and 10 feet from the front property
line, 20 feet minimum required, and 1 foot from the side property tine, 4 feet minimum required,
and to construct a three-plex 5 feet from the rear property line, 34 feet required, and 110 feet
from the front property line, 50 feet maximum allowed, in an R-3 Moderate Density Multi-
Family Residential zoning district.
Toby Kress reviewed his proposal with the.Commission. Staff present&d the Commission with
photos and site maps of the property. The Commission reviewed the site plan to clarify the
requested setbacks. The Commission questioned if a three-plex met the lot requirements.
S'~ff Member Hemenwey stated that it meets the lot area requirement. Commissioners and
staff discussed a letter submitted by Kenneth Birch. Housing Services Manager David Harris
expressed his support for the project_
Roger Mclntyre, 838 W. 8th Street, expressed concerns with parking.
Staff Member Hemenway explained that there were two dilapidated structures that were
demolished and Will be replaced with a new duplex and three-plex. He described the
surrounding land use and topography.
.~e~ 't t~at there.v-
Minutes- Zoning Board of Adjustment
April 26, 2001
Page 9
Motion by Urell, seconded by Beeler, to approve the request, with the condition that there will
be a 20' setback from the north property line for the three-plex. Motion wes approved by the
following vote: Aye- Bechen, Beeler, Ruden and Urell; Nay - None.
DOCKET 32-01: Application of Rob McCoy, 261/269 Main Street, to open a 120 seat*
restaurant with a deficit of 21 off-street parking spaces, in a C-4 Downtown Commercial zoning
district.
Rob McCoy, 269 Main Street, discussed his project with the Board. He explained that he is
seeking a parking vadance and there is a parking ramp being built close to his business. Staff
Member Hemenway explained that there is a 500-space parking ramp being built at the comer
of 3rd and Main Streets as well as available on-street parking. The Commission discussed the
location of the building and parking demand in the Old Main area.
Mot'mn by Bechen, seconded by Urell, to approve the variance request as submitted. Motion
was approved by the following vote: Aye- Bechen, Beeler, Ruden and Urell; Nay - None.
DOCKET 33-0'1: Application of Qwest, 900 Locust Street, to install two 48 square foot
temporary banners, 32 square feet maximum permitted, for 8 months, 2 month maximum
permitted, in a C-4 Downtown Commemial zoning district.
Annette Kemp, Qwest representative, stated that her company is requesting two temporary
banner signs for their building at 900 Locust Street. She said they are requesting the time
pedod for the banners be extended to eight months, but would accept an extension for three
months. Staff Member Kritz clarified the difference between temporary versus permanent
signs, and sign location and duration.
Motion by Bechen, seconded by Beeler, to approve the variance, with the condition that the
maximum time permitted for the banners be no longer than 90 days: Motion was approved by
the following vote: Aye- Bechen, Beeler, Ruden and Urell; Nay - None.
DOCKET 35-0t: Telecorp ReattyNVhalen & Company, Inc., end of John F. Kennedy Circle
to allow a 190-foot monopole telecommunication tower in a C-3 General Commercial zoning
district.
Mike Singer, Whalen & Company, inc., presented his proposal to the Commission. He
explained that Whalen & Company is the representing group for Telecorp Realty. He said that
his company would prefer to co-locata if possible. Commissioner Urell asked if thi~ isa co-
Iocatable tower. Mr. Singer said yes, for two carriers. Chairperson Ruden asked about co-
location on Asbury Road/Carter Road tower. Mr. Singer said co-location may be possible, but
is 1.1 miles from ideal target area. Chairperson Ruden asked for a study to demonstrate that
fact. Mr. Singer said co-location is more expensive than ground lease, and the lease process
is time consuming and will delay their business plan. Joe Guyer, RF engineer, discussed the
physical and technical requirements for towers in this area. Chairperson Ruden said he
wented to see conclusive co-location information. Mr. Singer said there is a convoluted
ownership and lease process for co-location, which can be time-consuming. He said
companies may not want to provide a co-location site to a competitor. Chairperson Ruden
Minutes - Zoning Board of AdJustment
April 26, 2001
Page 10
said he wanted hard evidence that co-location will not work. Staff Member Kritz said might be
hard to demonstrate that tower owner is not cooperative on co-location. Mr. Singer said his
company has a good record for co-location in Dubuque. Commissioner Urell said if co-location
on Carter Road tower is not possible, a second tower would be needed. Assistant City
Attorney Tim O'Brien explained that the Board must review the criteria for granting a
conditional use permit. He said the Board should review the variance request before the
considering the conditional use permit.
Chairperson Ruden said he wanted evidence that it is not possible to co-locate. O'Bden said
the burden is on the applicant to provide all information to satisfy cdteda for the variance. He
said the Board can table the request and ask for more information. Mr. Singer said he would
agree to table the request and provide addi§onal information. Chairperson Ruden requested
applicant resubmit the application addressing the vadance criteria. O'Bden said it is the
applicant's responsibility to provide information regarding the elements of variance.
Staff Member Kritz clarified that the economic feasibility of a project cannot be used to satisfy
the hardship requirement of a variance. He said, however, the unwillingness of the current
owners to accept co-location can be deemed a valid hardship.
Rachel Cole, 1896 Keyway, said that she wants to know if the communication tower at this
location presents a hazard to the public in the event of collapse. She also asked what the
electromagnetic field output for this tower would be, and if it is a health hazard. She submitted
a petition from neighbors who are opposed to the project. She stated that although the
property that the tower will be located on is zoned commercial, residential development,
scho~ois and a daycare center surround it. She said she wants to know what safety guidelines
will be followed for the telecommunications tower and what are the alternatives to locating on
this property.
Donna Smith, 1827 Keyway, stated that this is a residential area and the lot is too small to
support a tower of this magnitude. She stated that the tower would be highly visible from the
front yards of the residences in this area. She stated that there are 50 other towers within
Dubuque County that could potentially serve as co-location sites for this tower. She stated that
the tower at Sunnycrest had been removed and rebuilt. She stated that she felt the fall zone
setback is an important safety ~equirement.
Eldon Herrig spoke in favor of the request, stating he is the owner of the property and will
gladly abide by the Board's decision: He stated that a tower at this location would better serve
the business community.
Mike Singe~ stated that at the upcoming meeting, he will address the structural issues
regarding the tower and will distribute a citizen's guide to electromagnetic fields and wireless
output.
Joe Guyer stated that he would address the human health and structural issues regarding the
tower at the upcoming meeting.
Minutes - Zoning Board of Adjustment
April 26, 2001
Page 11
Motion by Ureli, seconded by Bechen, to table the conditional use permit until the May 24,
2001 meeting. Motion was approved by the following vote: Aye- Bechen, Beeler, Ruden and
Urell; Nay - None.
DOCKET 36-01; Application Telecorp Realty/Whalen & Company, Inc., end of John F.
Kennedy Circle, to allow a 190 foot monopole telecommunication tower, 75 feet from the east
side property line and 110 feet from the north and west property lines, where a 190 foot
setback is required in a C-3 General Commercial zoning district.
Motion by Urell, seconded by Bechen, to table this variance request to the May 24, 2001
meeting. Motion was approved by the following vote: Aye- Bechen, Beeler, Ruden and Urell;
Nay - None.
DOCKET 37-01: Application of Telecorp RealtyNVhalen & Company, Inc., end of John F.
Kennedy Circle, to construct a 190 foot monopole telecommunication tower, where 150 foot
mayJmum is allowed in a C-3 General Commercial zoning district.
Motion by Urell, seconded by Bechen, to table this vadance request to the May 24, 2001
meeting. Motion was approved by the following vote: Aye- Bechen, Beeler, Ruden and Urell;
Nay - None.
DOCKET 34-01: Appeal of Fred & Tad Beeler, 3015 W. 32r~ Street, to Staff's letter of
February 21, 2001 regarding enforcement of the site plan provision of the Zoning Ordinance
for Young-Uns Daycare Center.
Commissioner Beeler excused himself from the table. Chairperson Ruden discussed the
appeal process.
Fred Beeler, 3019 W. 32nd Street, said the adjacent daycare center is not following rules set
forth in the site plan requirements. He said the day care is also not following some civil rules.
He said clients of the daycare are parking illegally and endangering his children. Chairperson
Ruden asked Mr. Beeler to cladfy the parking problems. Mr. Beeler distributed photographs of
cars parked at the day care. He said he has confronted some of the clients of the day care
and they have not been cooperative. Mr. Beeler said both employees {~nd patrons park
illegally.
Staff Member Kdtz discussed a code enforcement letter, site plan review and administrative
policy regarding code enforcement. Staff Member Kdtz said the day care has a painted line
designating the edge of the parking lot. He said occasionally someone may park over the line
but this does not constitute a substantial deviation from the site plan requirements.
Commissioner Urell asked if neighbors parked in the public right-of-way, Mr. Beeler showed
mere pictures as rebuttal.
Staff Member Kritz discussed municipal parking standards for the city and W. 32nd Street.
Staff Member Hemenway mentioned intent of provisions # 5 regarding parking. In particular,
Commissioner Bechen asked if a sign could be put up to say "no parking beyond this point."
Minutes - Zoning Board of Adjustment
Apd~ 26, 2001
Page 12
Chairperson Ruden said he felt the Youngs met the intent of odginal conditions imposed on the
day care canter.
Motion by Urell, seconded by Bechen, to uphold the decision of the Zoning Enforcement
Officer. Motion was approved by the following vote: Aye- Bechen, Ruden and Urell; Nay -
None; Abstain - Beeler.
MINUTES & NOTICES OF DECISION: The minutes of the Mamh 22, 2001 meeting and
Notices of Decis'mn for Dockets 06-01, 13-01, 14-01, 15-01 and 16-01 were approved
unanimously.
ITEMS FROM PUBLIC: Request of Bdan Meyer, Boys & Girls Club of Greater Dubuque to
extend Conditional Use Permit approval.
The request of Bdan Meyer to approve the extension of the Boys Club Conditional Use Permit
was approved unanimously as submitted.
ADJOURNMENT: The meeting adjoumed at 9:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted