Minutes_Zoning Board of Adjustment 01.25.24Copyrighted
March 4, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Airport Commission of January 16, 2024; Arts and Cultural Affairs
Commission of December 27, 2023 and January 23, 2024; Cable
Television Commission of August 29, 2023; City Council Proceedings of
February 19, 2024; Historic Preservation Commission of February 15,
2024; Park and Recreation Commission of April 11, 2023; May 9, 2023;
June 13, 2023; August 8, 2023; October 10, 2023; November 14, 2023;
December 12, 2023; January 13, 2024; Resilient Community Advisory
Commission of September 7, 2023; October 5, 2023; November 2,
2023; December 7, 2023; Transit Advisory Board of September 14,
2023; Zoning Board of Adjustment of January 25, 2024; Draft Zoning
Board of Adjustment of February 22, 2024; Proof of Publication for City
Council Proceedings of February 5, 2024.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Type
City Council Proceedings of February 19, 2024
Supporting Documentation
Proof of Publication —February 5, 2024
Supporting Documentation
Park and Rec April 2023
Supporting Documentation
Park and Rec_May 2023
Supporting Documentation
Park and Rec_June 2023
Supporting Documentation
Park and Rec August 2023
Supporting Documentation
Park and Rec_October 2023
Supporting Documentation
Park and Rec_November 2023
Supporting Documentation
Park and Rec_December 2023
Supporting Documentation
Park and Rec_January 2024
Supporting Documentation
RCAC_September 2023
Supporting Documentation
RCAC_October 2023
Supporting Documentation
RCAC_November 2023
Supporting Documentation
RCAC_December 2023
Supporting Documentation
Transit September 2023
Supporting Documentation
Zoning Board of Adjustment Minutes Jan 2024
Supporting Documentation
Zoning Board of Adjustment Minutes Feb 2024
Supporting Documentation
Historic Preservation Commission Minutes
Arts Commission Minutes December
Arts Commission Minutes —January
Cable TV Commission Minutes
Airport Commission Minutes
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:30 p.m.
Thursday, January 25, 2024
City Council Chambers, Historic Federal Building
Board Members Present: Board Members Keith Ahlvin, Gwen Kosel, Rena Stierman.
Board Members Excused: Jonathan McCoy, Matt Mauss
Board Members Unexcused: None
Staff Members Present: Shena Moon and Travis Schrobi
CALL TO ORDER: The meeting was called to order by Vice -Chairperson Ahlvin at
5:30 p.m.
MINUTES: Motion by Kosel, seconded by Stierman, to approve the minutes of the
December 14, 2023 Zoning Board of Adjustment meeting as submitted. Motion carried
by the following vote: Aye — Kosel, Stierman, and Ahlvin; Nay — None.
DOCKET 48-23: Application of Greg Prehm, 25 Bissel Lane to construct a building 10'
from the side and rear property lines where 20' is required for each in a C-3 General
Commercial zoning district.
Staff presented the memo noting that the applicant's request to table to a future meeting
was due to only three board members being present. Vice -Chairperson Ahlvin noted
that the request seemed appropriate.
Motion by Kosel, seconded by Stierman, to table the request to a future meeting. Motion
carried by the following vote: Aye — Kosel, Stierman, and Ahlvin; Nay — None.
Docket 52-23 and Docket 53-23 for 2613 University Avenue were presented and
discussed simultaneously.
DOCKET 52-23: Application of Alex Ellerbeck, 2613 University Avenue to operate
businesses with a deficit of 10 off-street parking spaces in a C-1 Neighborhood
Commercial zoning district.
DOCKET 53-23: Application of Alex Ellerbeck, 2613 University Avenue to allow an
indoor restaurant as a conditional use in C-1 Neighborhood Commercial Zoning district.
Zoning Board of Adjustment Minutes
January 25, 2024 Page 2
The applicant, Alex Ellerbeck, spoke in favor of the request. He explained the changes
that were made to the proposal, including reducing the number of tables for the
proposed coffee shop and reducing the number of beauty salon chairs/users which
reduced the parking variance request to four (4) spaces. He also noted that the indoor
restaurant will be a 1,000 sq. ft. coffee shop with two (2) tables and eight (8) chairs
total.
Brian Pregler, 2622 Van Buren Street, spoke and expressed concerts with the request
citing potential parking, safety, and garbage issues.
Staff Member Moon detailed the revised proposal and the changes in the request since
the previous Board review. She discussed how the applicant reduced the number of
beauty salon chairs and how the applicant worked with city staff to identify potential
options for providing additional parking on the subject property. She stated that the
Conditional Use Permit (CUP) was tied specifically to the coffee shop and that if denied
the parking variance would not be needed at this time; however, it was possible that a
future use in the coffee shop space may still require a parking variance, but the number
of spaces would need to be determined based on use. Staff Member Moon presented a
parking exhibit to the Board showing available on -street public parking spaces along
Van Buren Street and University Avenue. She stated that the request is for four (4)
spaces and clarified that the Unified Development Code categorizes various types of
restaurants as "indoor restaurants", including a coffee shop. She discussed the total
number of spaces required for the site and stated that since the property benefits from a
parking credit and existing parking that accounts for fourteen (14) spaces, and that the
total parking demand has been reduced to eighteen (18) spaces, the applicant now
requires a parking variance of four (4) spaces, rather than original request for ten (10)
spaces.
The Board discussed the proposal and questioned whether a new CUP would be
required if a different restaurant replaced the proposed coffee shop. Staff Member
Moon stated that an indoor restaurant of similar use and size could potentially operate
under an approved CUP; however, any expansion of the indoor restaurant use or
intensification of the use would require a new CUP.
JJ Butcher, 2613 University Avenue, spoke in favor of the request. He stated that he
intends to operate the proposed coffee shop on the subject property and clarified that
they intent to have two (2) tables and eight (8) chairs within the restaurant space, not
the three (3) tables and twelve (12) chairs that was mentioned in the staff report.
The Board questioned whether the reduction to two (2) tables and eight (8) chairs would
decrease the number of parking variance spaces being requested. Staff Member Moon
clarified that it would reduce the parking variance request down to three (3) spaces.
Vice -Chairperson Ahlvin stated that the subject property is an oddly -shaped corner lot
making modifications to the lot challenging. He stated that with the reduction in the
quantity of parking spaces being requested in the variance, he could support the
Zoning Board of Adjustment Minutes
January 25, 2024 Page 3
project. Board Member Stierman stated that with the variety of uses she would not
expect the parking demand to be at a maximum at all times throughout the day. Board
Member Kosel stated that she found the reduction in the parking variance request to
three (3) spaces to be acceptable.
Docket 52-23: Motion by Ahlvin, seconded by Stierman, to approve the request with the
following condition:
1. The parking variance is limited to three (3) spaces.
Motion carried by the following vote: Aye — Ahlvin, Kosel, and Stierman; Nay — None.
Docket 53-23: Motion by Stierman, seconded by Kosel, to approve the request with
following condition:
1. The indoor restaurant be limited to eight (8) chairs.
Motion carried by the following vote: Aye — Ahlvin, Kosel, and Stierman; Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM BOARD: None.
ITEMS FROM STAFF: None.
ADJOURNMENT: Motion by Ahlvin, seconded by Kosel, to adjourn the January 25,
2024, Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Kosel, and Stierman; Nay — None
The meeting adjourned at 6:06 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted