Minutes_Zoning Board of Adjustment 06.23.22Copyrighted
July 18, 2022
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 07/05/22; Arts and Cultural Affairs
Commission of 4/26/22 and 5/24/22; Equity and Human Rights
Commission of 5/9/22; Historic Preservation Commission of 6/16/22;
Zoning Advisory Commission of 7/6/22; Zoning Board of Adjustment of
6/23/22; Proof of publication for City Council proceedings of 6/20/22 and
6/27/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_1if_Td:I�,I=1kihI'S
Description Type
City Council Proceedings of 07/05/22 Supporting Documentation
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
4/26/22
Arts and Cultural Affairs Commission Minutes of
Supporting Documentation
5/24/22
Equity and Human Rights Commission Minutes of
Supporting Documentation
5/9/22
Historic Preservation Commission Minutes of 6/16/22
Supporting Documentation
Zoning Advisory Commission Minutes of 7/6/22
Supporting Documentation
Zoning Board of Adjustment Minutes of 6/23/22
Supporting Documentation
Proof of publication for City Council proceedings of
Supporting Documentation
6/20/22
Proof of publication for City Council proceedings of
Supporting Documentation
6/27/22
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:30 p.m.
Thursday, June 23, 2022
City Council Chambers, Historic Federal Building
Board Members Present: Vice Chairperson Keith Ahlvin, Board Members Bethany
Golombeski (virtually) and Matt Mauss.
Board Members Excused: Gwen Kosel and Jonathan McCoy
Board Members Unexcused: none
Staff Members Present: Shena Moon, Travis Schrobilgen and Jason Duba
CALL TO ORDER: The meeting was called to order by Vice Chairperson Ahlvin at 5:30
p.m.
MINUTES: Motion by Mauss, seconded by Golombeski, to approve the minutes of the
May 26, 2022 Zoning Board of Adjustment meeting as submitted. Motion carried by the
following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
DOCKET — 03-22: Special Exception application of Bailey Campbell, Skyline Solar, 118
Julien Dubuque Drive to construct a 590-square foot freestanding solar array where 100
square feet maximum is permitted in an R-1 Single -Family Residential zoning district.
The applicant was not present when the docket was called, so the item was moved to the
end of the agenda, and the applicant was still not present at the end of the meeting.
Motion by Ahlvin, seconded by Mauss, to table the item to the next meeting. Motion
carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
DOCKET — 18-22: Special Exception application of Timothy J. Connelly & Teri L. Lawson
Trust, 1087 Mount Loretta Avenue to construct a detached garage 0' from the side property
line where 6' is required in an R-1 Single -Family Residential zoning district.
Tim Connelly and Teri Lawson, 1087 Mount Loretta Avenue, spoke in favor of the request.
They explained that the previous garage 15' x 24' was in bad shape and was taken down.
They're requesting to build a new garage in the same location that's a little further back
and somewhat expanded.
Staff Member Schrobilgen detailed the staff report noting the previous garage was legally
non -conforming with a 0' setback. The proposed 24' x 30' garage covers part of the
Zoning Board of Adjustment Minutes
June 23, 2022 Page 2
footprint of the previous garage, so most of the proposed garage could be built by right.
He noted the Board was reviewing the portion that encroaches on the required setback
but falls outside of the grandfathered footprint of the previous garage. He noted the
distance to other neighbors concluding that the proposed garage expansion should have
little impact on public safety or on the use and enjoyment of adjacent properties. He
recommended, if approved, that the Board place the following conditions on the project:
1. The property owner demonstrates the location of the east property line to the
satisfaction of the Building Official.
2. Stormwater be managed on the subject property.
The Board members had no concerns. Vice Chair Ahlvin asked if the applicants were
amenable to the conditions, and Mr. Connelly stated that they were.
There was no public input.
Motion by Mauss, seconded by Golombeski, to approve the request with the following
conditions:
1. The property owner demonstrates the location of the east property line to the
satisfaction of the Building Official.
2. Stormwater be managed on the subject property.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
DOCKET — 19-22: Special Exception application of Janet Smith, 1419 W. 3rd Street to
construct a 10' x 12' detached deck 3' from the side property line and 9' from the front
property line where 6' and 20' is required, respectively, and to allow 57% lot coverage
where 40% maximum is permitted in an R-2 Two -Family Residential zoning district.
Janet Smith, 1419 W. 3rd Street, spoke in favor of the request. She explained that she
would like to build a detached 10' x 12' deck over the existing steps of the house.
Vice Chair Ahlvin asked if it would be of an open design and flat, and Ms. Smith replied
yes, with railings and steps.
Staff Member Schrobilgen detailed the staff report noting that the proposal is for a 10' x
12' detached deck that would be 3' from side property and 9' from the front property line.
He explained that this is a small lot, so the deck would increase the total coverage by
structures up to 57% lot coverage for the site. He noted that the deck was in line with the
house along the west side and set back approximately 20' from the street. He concluded
that the impact to the public and adjacent neighbors would be minimal. He recommended
a condition of approval that the deck remain of an open design.
The Board agreed that the open design condition was necessary, and Vice Chair Ahlvin
added that it should remain uncovered as well.
There was no public input.
Zoning Board of Adjustment Minutes
June 23, 2022 Page 3
Motion by Golombeski, seconded by Mauss, to approve the request with the following
condition:
1. The deck shall remain of an open and uncovered design.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
DOCKET — 20-22: Variance application of Luke Runde, Parcel 1505126004 to install a
128-square foot temporary real estate sign where 32 square feet is allowed in a C-3
General Commercial zoning district.
Luke Runde, 15545 Red Maple Drive, spoke in favor of the request. He explained that
they were seeking the variance because the proposed sign location is too far from and
below the grade of the Southwest Arterial, and due to this it will not be visible at just 32
square feet in size.
Staff Member Duba detailed the staff report noting that this type of sign is in the "Exempt"
category of the sign code, but some restrictions, such as size, still apply. He noted that
the property is currently agricultural and the property owner is hoping to sell it for
commercial use and is planning to use the proposed sign to advertise the site. He
explained the distance the sign would be from both the highway and the residential
development to the south, and that the sign would not impede visibility or affect safety on
the highway. He recommended conditioning approval on the removal of the sign 30 days
after the property is sold.
The Board expressed understanding with the conditions for needing a larger sign. Vice
Chair Ahlvin asked if it would be lighted, and Mr. Runde replied no.
There was no public input.
Motion by Ahlvin, seconded by Mauss, to approve the request with the following
conditions:
1. The sign remains unlit.
2. That the sign shall be removed within 30 days after the sale of land is complete.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
DOCKET - 21-22: Special Exception application of Shane Hoeper, 2520 North Grandview
Avenue to construct a 5' x 16' detached shed 11' from the front property line where 20' is
required in an R-1 Single -Family Residential zoning district.
Shane Hoeper, 2520 North Grandview Avenue, spoke in favor of the request. He noted
one small revision from the application, that width would be 54", rather than 5'.
Staff Member Duba detailed the staff report noting the dimensions of the proposed shed,
the characteristics of the neighborhood, and the topographic challenges on the site that
Zoning Board of Adjustment Minutes
June 23, 2022 Page 4
necessitate locating the shed in the proposed location. He noted that the property
received a special exception in 2020 to build an addition 10' from the front property line.
He noted that the proposed shed would not impede visibility or safety of passing motorists.
Board Member Golombeski asked how far it would be from the street, and Mr. Hoeper
responded that it would be approximately 25' from the street.
Board Member Mauss asked if the shed would be in line with the addition, and Mr. Hoeper
responded yes and that the hill would conceal most of the shed.
Vice Chair Ahlvin noted that it is a unique property with no other buildable area for a
shed.
There was no public input.
Motion by Mauss, seconded by Golombeski, to approve the request as submitted. Motion
carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay — None.
Vice Chair Ahlvin stated that docket items 22-22 and 23-33 related to 1245 Missouri Avenue
would be heard and voted on together.
DOCKET — 22-22: Conditional Use Permit application of Michael Mastin, 1245 Missouri
Avenue, to allow for an accessory dwelling unit in an R-1 Single -Family Residential zoning
district.
Michael Mastin, 1245 Missouri Avenue, spoke in favor of the request. He explained that
he rents the principal dwelling to his stepson, and he works on his cars in the garage. He
stated that he wants to build a simple, two-story house that he can live in.
Vice Chair Ahlvin asked if he had read the letter of opposition that was submitted, and
asked if he would like to respond to it. Mr. Mastin responded by explaining his family
history with the property and how he would like to keep living there but he needs the rental
income from the principal dwelling.
Staff Member Moon detailed the staff report noting that the applicant was seeking two
approvals, one for the Conditional Use Permit for the Accessory Dwelling Unit (ADU), and
one for the Special Exception to allow it to be 680 square feet. She described the
characteristics of the neighborhood and surrounding land. She listed the criteria required
for an ADU and noted the structure would also need to comply with bulk regulations such
as setbacks and height. She explained the proposed structure would be attached to the
existing garage and accessed through it. She noted the letter of opposition that had been
received. She recommended conditions: that no commercial activity be allowed, that the
structure be finished in a residential style complementary to the existing structures, and
that either the principal or the accessory dwelling be owner -occupied.
Zoning Board of Adjustment Minutes
June 23, 2022 Page 5
The Board discussed the potential condition of a timeline to have construction completed.
They asked Mr. Mastin what his proposed timeline was to which he stated that he would
hope to have the building constructed by the end of 2023. Ultimately, the Board and Mr.
Mastin agreed that an 18-month window from the date of issuance of a building permit to
the time of completing the exterior would be reasonable.
The Board also discussed with Mr. Mastin the condition of the appearance of the
accessory dwelling unit. Because the structure would be attached to the garage, the
board specified that the finishes and roofing match the garage, not just complement it.
Mr. Mastin accepted this condition.
No public input was provided.
Motion by Mauss, seconded by Ahlvin, to approve Docket 22-22, the Conditional Use
Permit request with the following conditions:
1. That either the principal dwelling or the accessory dwelling be owner -occupied.
2. That the finishes and roofing match the garage materials.
3. That no commercial activity be allowed.
4. That the applicant must complete the exterior of the structure within 18 months
from the date of issuance of a building permit.
5. That runoff be managed on the property.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay —
None.
DOCKET — 23-22: Special Exception application of Michael Mastin, 1245 Missouri Avenue
to allow an accessory dwelling unit totaling 680 square feet in area where 580 square feet
is allowed, and to allow 1,120 square feet of detached accessory structures where 1,000
square feet is allowed in an R-1 Single -Family Residential zoning district.
Motion by Ahlvin, seconded by Mauss, to approve Docket 23-22, the Special Exception
request with the following conditions-
1 . That either the principal dwelling or the accessory dwelling be owner -occupied.
2. That the finishes and roofing match the garage materials.
3. That no commercial activity be allowed.
4. That the applicant must complete the exterior of the structure within 18 months
from the date of issuance of a building permit.
5. That runoff be managed on the property.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay —
None.
DOCKET — 24-22: Special Exception application of Mike Weidemann, 3080 Shiras Avenue
to construct a 2,560-square foot detached garage 18' in height, where 1,000 square feet
and 15' in height are allowed in an R-1 Single -Family Residential zoning district.
Zoning Board of Adjustment Minutes
June 23, 2022 Page 6
Mike Weidemann, 3080 Shiras Avenue, spoke in favor of the request. He explained that
he received a Special Exception previously, but he's since acquired some vehicles that
are larger and need a bigger garage. He stated that the 40' width is the most important,
and that the 64' length was recommended by his builder. He pointed out that this request
is for 10' wider and 14' longer than was previously approved.
Staff Member Duba detailed the staff report noting the dimensions of the proposed
garage, its location on the lot and relative to the street and neighbors, and that it would
be compliant with other bulk regulations. He pointed out that this is a large lot, and the
garage would be far set back and partially screened. He recommended conditioning
approval on requiring no commercial activity and finishing the structure in a
complementary manner to the residence.
The Board had no issues with the proposal, noting that the increased dimensions would
not increase its visibility, being behind the house.
There was no public input.
Motion by Golombeski, seconded by Ahlvin, to approve the request with the conditions
that
1. No commercial activity be allowed.
2. The garage shall be finished in residential -style materials that are complementary
to the finishes of the single-family residence.
Motion carried by the following vote: Aye — Golombeski, Mauss and Ahlvin; Nay —
None.
ITEMS FROM PUBLIC: None
ITEMS FROM BOARD: Board Member Golombeski stated that she would be able to
attend next month's meeting virtually, but would not be available for August's meeting.
ITEMS FROM STAFF: Staff Member Moon noted that the Public Information Office is
working on recruiting materials for boards and commissions and looking for volunteers to
interview about their experience serving.
Zoning Board of Adjustment Minutes
June 23, 2022
Page 7
ADJOURNMENT: Motion by Ahlvin, seconded by Mauss, to adjourn the June 23, 2022
Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye -
Golombeski, Mauss and Ahlvin; Nay - None.
The meeting adjourned at 6:23 p.m.
Respectfully submitted,
She oon, Associate Planner
Adopted