Minutes_Zoning Board of Adjustment 02.23.23City of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
March 20, 2023
Consent Items # 01.
Minutes and Reports Submitted
Building Code Advisory and Appeals Board of 1/5/23; City Council
Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23;
Resilient Community Advisory Commission of 3/2/23; Zoning Advisory
Commission of 3/11/23; Zoning Board of Adjustment of 2/23/23.
Suggested Disposition: Receive and File
City Council Proceedings of 2/27/23
City Council Proceedings of 3/6/23
City Council Proceedings of 3/7/23
City Council Proceedings of 3/8/23
City Council Proceedings of 3/9/23
Building Code Ad�tisory and Appeals Board of 1/5/23
Resilient Community Ad�tisory Commission of 3/2/23
Zoning Ad�tisory Commission of 3/1/23
Zoning Board of Adjustment of 2/23/23
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:3 0 p.m.
Thursday, February 23, 2023
City Council Chambers, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Gwen Kosel, Rena Stierman and Matt Mauss.
Board Members Excused: None
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 Kosel, to approve the minutes of the January
26, 2023 Zoning Board of Adjustment meeting as submitted. Motion carried by the
following vote: Aye — Ahlvin, Kosel and Mauss; Nay — None; Abstain — Stierman.
DOCKET — 47-22 Tabled from December: Application of Pablo Ramirez, 1598
Washington Street to install a 6' high fence in the front yard (along 16th Street) where 4'
high maximum is permitted in the front yard in an R-2A Alternate Two -Family Residential
zoning district.
Pablo Ramirez, 6840 Crystal Lake Cave Road, spoke in favor of the request. He
explained that he used to own the house and has sold it to his brother. He stated that he
bought the house in 2015 when he was a police officer as part of a program to encourage
officers to live in the neighborhood. He noted that he put up the fence to try to make his
back yard more secure and comfortable, and he didn't realize that the front yard height
requirement applied here. He explained that it would be a hardship on his injured veteran
brother to alter the fence, which cost $6,000 to install.
Staff Member Schrobilgen detailed the staff report noting there was a house in this
location previously. He explained that the applicant has a 6'fence that encroaches on the
visibility triangle, but it remains 7' from the alley and 11' from the street. He noted that it's
2' higher than the 4' allowed for front yard fences. He expressed that there are no other
issues for safety.
Chairperson McCoy arrived at 5-45pm during Board discussion with the applicant.
Zoning Board of Adjustment Minutes
February 23, 2023 Page 2
The Board noted that the fence made sense for security and that it looked nice but that
they noted concerns with the fence's encroachment on the visibility triangle. They
conversed with the applicant on the feasibility of modifying the corner of the fence to
remove it from the visibility triangle. Ramirez stated there have been no issues with traffic
at that location and no calls for service during his time as a police officer. He stated that
there is good visibility coming from the alley.
Another stated concern was that there was potential for the fence to go higher than
proposed. Staff Member Schrobilgen stated that any additional height would require
another Special Exception request.
Motion by McCoy, seconded by Mauss, to approve the request with the following
condition:
1. The fence shall not encroach into the visibility triangle.
Motion carried by the following vote: Aye — AhIvin, Kosel, Mauss, Stierman and McCoy;
Nay — None.
DOCKET — 04-23: Application of Mike Lange, Lange Sign Group, 1185 Roosevelt
Extension to allow two directional signs to be 36 square feet each where nine square feet
is allowed per sign.
Mike Lange, Lange Sign Group, 1780 IL Route 35, East Dubuque, Illinois, spoke in favor
of the request. He explained that they are requesting two directional signs to help traffic
that approaches along Roosevelt Ext. because the building along the street is the back
or rear of the facility where no doors or offices are located. He said the signs would
provide direction for truck drivers and visitors, and they need signage large enough for
semi -truck drivers to see from a decent distance. He stated that because there is no
driveway around the building, they have had problems with semis going the wrong
location and having to back out, which is a safety concern. He explained that a normal
directional sign has 2" copy, and these signs would have 4"- 5" copy. He noted the signs
can't be installed mounted in the ground because there are high pressure pipes present.
Chairperson McCoy expressed that there was a lot of negative space and the large Klauer
logo took up space on the signs and wondered if that was necessary. Mr. Lange stated
that you can't see the wall -mounted business signs as you approach the intersection, so
you wouldn't know you're at Klauer. Chairperson McCoy sought clarification of which
diagrams were under review and Staff Member Duba noted that the signs in question
were 1 A and 1 B.
Staff Member Duba detailed the staff report noting the identity and characteristics of the
property and its surroundings. He noted the factory has expanded, and the company has
rebranded so is seeking to install new signs throughout. He described the location where
the signs are being requested, which is where approaching traffic has to decide which
way to go, but there are not distinguishing architectural features such as loading docks to
help them navigate. He noted the signs are on large building walls and are flush to the
walls so would be an appropriate scale and not obstruct visibility.
Zoning Board of Adjustment Minutes
February 23, 2023 Page 3
Board Member Ahlvin expressed that this proposal represents a unique situation, and
there could be confusion in this industrial area and saw no issue with the proposal.
McCoy sought to clarify that an unlimited number of directional signs are allowed, which
Staff Member Duba confirmed.
Board Member Mauss stated that he worked in this area, and he agreed that it needed
signs to help people navigate. He stated that he saw this proposal as beneficial.
Board Member Stierman acknowledged the increase, but she saw the proposal as helpful.
Motion by Ahlvin, seconded by Mauss, to approve the request as submitted. Motion
carried by the following vote: Aye — Ahlvin, Kosel, Mauss, Stierman and McCoy; Nay —
None.
DOCKET — 05-23: Application of Timothy and Barbara Schmidt, 2172 Orchard Drive to
store a vehicle 6'from the front property line where 20' is required in an R-1 Single Family
Residential zoning district.
Tim Schmidt, 2172 Orchard Drive, spoke in favor of the request. He explained that he's
requesting to park his motor home 6' back from the property line. He expressed confusion
about what this is all about and stated he's been parking there for 30 years.
McCoy expressed that it was likely an enforcement case as they are often created when
a there is a complaint in the neighborhood.
Staff Member Moon detailed the staff report noting that the Zoning Enforcement Officer
observed the vehicle after being in the area on a different call as per standard operating
procedure. She explained that the Special Exception would allow the vehicle to be stored
6' from the front property line where a 20' setback is usually required. She described the
property and its topography. She noted that two neighbors expressed support for the
application.
The Board discussed how their approval lives with the property and thought of ways to
reduce the scope of their approval. They settled on limiting the vehicle to an RV no longer
than 35'. The applicant was amenable to that condition, as he did not intend to get a larger
RV.
Motion by Mauss, seconded by Stierman, to approve the request with the following
condition:
1. The stored vehicle be an RV no longer than 35'.
Motion carried by the following vote- Aye — Ahlvin, Kosel, Mauss, Stierman and McCoy-,
Nay — None.
Zoning Board of Adjustment Minutes
February 23, 2023 Page 4
ITEMS FROM PUBLIC: None
ITEMS FROM BOARD: None
ITEMS FROM STAFF: Planning Services Manager Wernimont reminded the Board of
the ISU Training on April 24.
Welcome was extended to new Board member Rena Stierman.
The upcoming UDC update was discussed.
The Airport Zoning Board of Adjustment and Election Officers was mentioned, and staff
stated that those items would be added to the next agenda.
ADJOURNMENT: Motion by McCoy, seconded by Ahlvin, to adjourn the February 23,
2023 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Kosel, Mauss, Stierman and McCoy; Nay — None
The meeting adjourned at 6:18 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted