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Minutes Zoning Bd Adj 5 24 01 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, May 24, 2001 4:00 p.m. Auditorium, Carnegie StoutJ,~ra~ 360 W. 11th Street, Dubuque, Iowa D PRESENT: Chairperson Mike Ruden; Board Members Fred Beeler, Jim Urell, Bill Gasper and Randy Klauer; Staff Members Kyle Kritz and Wally Wernimont. ABSENT: None. 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 celled to order at 4:00 p.m. DOCKET 21-01: Application of Charlie & Vicki Glab for a special exception (tabled) for property located at 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. Chariie Glab, 804 English Lane, reviewed his application stating the garage would be made of wood with asphalt shingles and be used for storage of a lawn mower, cer, fishing equipment, bikes, etc. He stated the garage will not be used commercially~ Chairperson Ruden asked if any changes were made since the last headng on April 26, 2001. Mr. Glab stated there were no changes. Staff Member Kritz reviewed the staff report. The Board discussed the size of the structure and whether it would fit with the neighborhood; Motion by Gasper, seconded by Urell, to approve the request for a special exception. Motion was denied beceuse of failure to receive at least three affirmative votes: Aye - Urell and Beeler; Nay - Gasper and Ruden; Abstain: Klauer. DOCKET 29-01: Application of Randall Klauer for a special exception (tabled) for property located at 2845 Pinard Street to construct a duplex on a 5,106 square foot lot, 6,000 square foot minimum required, in an R-2 Two-Family Residential zoning district. Randall Klauer stepped down from the table to present his case. Mr. Klauer presented photos of the site to the Board for their review. Mr. Klauer explained that he is in the process of moving property lines to allow space for a duplex to be built. Mr. Klauer explained that the duplex will meet setback and lot coverage requirements for the R-2 Two-Family Residential Zoning District. Mr. Klauer stated that he is seeking approval to build a duplex on the lot, which would be 5,100 square feet. Staff Member Kritz presented the staff repo~ stating that Mr. Klauer's proposal is going before the Zoning Advisory Minutes-Zoning Boar of Adjustment May 24, 2001 Page 2 Commission to replat the property. Staff presented aerial photos of the site for the Board to review. Motion by Uretl, seconded by Gasper, to approve the request as submitted. Motion was approved by the following vote: Aye - Urell, Gasper, Beeler and Ruden; Nay - None. Abstain: Klauer. DOCKET 35-01: Application of Tetecorp RealtyNVhalen & Company, Inc. for a conditional use permit (tabled) for property located at the end of John F. Kennedy Cimle to allow a 190 foot monopole telecommunication tower in a C-3 General Commercial zoning district. Motion by Urell, seconded by Gasper, to table the special exception at the request of the applicant until the June 28, 2001, Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Klauer, Urall, Gasper, Beeler, and Ruden; Nay- None. DOCKET 36-01: Application of Tetecorp RealtyNVhalen & Company, Inc. for a variance (tabled) for property located at the 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 Uretl, seconded by Gasper, to table the special exception at the request of the applicant until the June 28, 2001 Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 37-01: Application of Telecorp Realty/Whalen & Company, Inc. for a variance (tabled) for property located at the end of John F. Kennedy Circle to allow a 190 foot monopole telecommunication tower, where 150 foot maximum is allowed, in a C-3 General Commercial zoning district. Motion by Urell, seconded by Gasper, to table the special exception at the request of the applicant until the June 28, 2001 Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 38-01: Application of Carl Severson for a special exception for property located at 2205 Hoyt Street to build a 30 foot by 32 foot attached garage, covering 50% of the lot with structure, 40% maximum allowed, and 10 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Carl Severson reviewed his application, explaining that the proposed attached garage would actually be set back further than the existing house, which is grandfathered. Staff Member Wernimont reviewed the topography of the adjacent property and recommended Minutes-Zoning Board ofAdjustment May 24, 2001 Page 3 that the Board review storm water drainage. The Board reviewed the location of the garage and potential drainage issues with the applicant. The applicant reviewed the proposed roof design and stated that he would direct storm water to the street using drainage tile. Motion by Gasper, seconded by Urell, to approve the application, with the condition that storm water be piped directly to the street. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 39-01: Application of Jeff & Julie Wagner for a special exception for property located at 555 Arlington Street to build a 24 foot by 24 foot attached garage 2 feet from the side and 8 feet from the front property lines, 3 foot and 20 foot respectively required, in an R-2A Alternate Two-Family Residential zoning district. Julie Wagner reviewed her request, noting that parking is limited in her neighborhood. She stated that the proposed garage would extend in front of the house by several feet, but would not block visibility of adjacent homeowners or pedestrians. Staff Member Wemimont reviewed the staff report, noting that a vehicle parked on the driveway could block the sidewalk, which extends across the front of their property. Staff Member Wemimont presented aerial photos of the surrounding building's setbacks. He noted that the vacant lot located to the east of the property is currently owned by the applicant. The Board reviewed the proximity of adjacent structures in relation to the location of the proposed garage. Motion by Gasper, seconded by Urell, to approve the request for a special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 40-01: Application of Donald & Jane Weber for a special exception for property located at 2405 Crissy Drive to build a 32 foot by 12 foot garage 3 feet from the side property line, 6 foot required, in an R-1 Single-Family Residential zoning district. Donald Weber, 2405 Cdssy Drive, reviewed his application. He stated that the adjacent neighbor on the side where the proposed garage would be erected is in support of his request. He stated that the new garage would be placed where an existing carport is currently located, and will not encroach any closer to the side property line. Staff Member Wemimont reviewed the existing location of the carport and the dimensions of the proposed garage. Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. Minutes-Zoning Board of Adjustment May 24, 2001 Page 4 DOCKET 41-01: Application of Jeff & Theresa Saul for a special exception for property located at 1853 Delhi Street to enclose a front porch 9 feet from the front property line, 20 feet required, in an R-2 Two-Family Residential zoning district. Staff requested that the Board table the special exception to the June 28, 2001, Zoning Board of Adjustment meeting. Upon investigation of the property, it was revealed that the applicant needs to request a special exception for a 4-foot setback instead of a 9-foot setback. This was not included in the original request. Motion by Urell, seconded by Gasper, to table the special exception to the June 28, 2001, Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye- Ktauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 42-01: Application of Jim & Marsha Scovel for a special exception for property located at 1272 Locust Street to build a 14-foot by 7-foot deck, 0 feet from the rear property line, 22 feet required, in an OR Office Residential zoning district. Staff requested that the Board table this agenda item to the June 28, 2001, Zoning Board of Adjustment meeting. Upon investigation of the property, it was revealed that the applicant also needs to request a special exception for 67% lot coverage, 50% maximum allowed in an OR District. This was not included in the original request. Motion by Urell, seconded by Gasper, to table the special exception request to the June 28, 2001 Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler, and Ruden; Nay- None. DOCKET 43-01: Application of Dubuque Community Church for a vadance for property located at 3490 Keystone Drive to allow a 44-space parking lot, 74 parking spaces required, with the church building set back 5 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Pastor Dennis Schmidt, 1111 John F. Kennedy Road, reviewed his proposal. Pastor Schmidt stated that currently the average attendance at his church is approximately 50-65 people. He stated he would not need 74 parking spaces. He explained that the parking lot will only have 44 parking spaces, and if they expand, they would build the additional 30 parking spaces to accommodate the parking requirement. He stated his congregation currently meets at the Midway Motor Lodge and the congregation currently uses approximately 20 spaces in the parking lot. He stated that he consulted with tlW to help them locate where the church should be situated on the property. Staff presented two letters from neighboring property owners to the Board regarding their opposition to the request. Rachel Cole, 1896 Keyway, stated she is concerned with the location of the parking lot, which will be located immediately behind her home, and potential drainage problems that Minutes-Zoning Board of Adju~ment May 24, 2001 Page 5 may adse. Ms. Cole presented a petition from the neighborhood and photos of the property for the Board's review. Donna Smith, 1827 Keyway, stated that she is concerned with the drainage problems of the Catfish Creek tributary. Pastor Schmidt stated that the church purchased the land to build a church, and that he has worked with IIW to establish the high water mark and to locate the church and parking lot above that point. Jim Cole, 1896 Keyway, stated he is concerned with drainage. Staff Member Kritz presented his staff report, stating that the church is a permitted use in this zoning district. He stated that Keystone Street is currently stubbed into the proposed development site. He reported he had consulted with the City Engineering Division and was informed that the stub street would have to either be vacated or turned into a cul-de- sac. He explained that if the stub street were vacated, it would provide the option of purchasing the property to both the Dubuque Community Church and the Cole's. He explained that there is no FEMA-designated flood plain in this area. The 74 spaces for the parking lot were based on the occupancy load established by the Building Services Department. The Board discussed the occupancy load of the church and the amount of parking that should be provided. The Board reviewed the five criteria for granting a variance. Motion by Gasper, seconded by Urell, to approve the request as submitted. Motion was denied by the following vote: Aye- None; Nay - Klauer, Urell, Gasper, Beeler and Ruden. MINUTES & NOTICES OF DECISION: The minutes of the April 26, 2001 meeting and Notices of Decision for Docket 17-01, 18-01, 19-01,20-01 22-01,23-01,24-01,25-01,26- 01, 27-01, 28-01, 30-01, 31-01, 32-01, 33-01 were approved unanimously with the following corrections:. Dockets 17-01, 18-01, 19-01, 21-01, 22-O1, 23-01, 24-01, 25-01, 26-01, 27-01, and 28-01: In the motion, Gasper should be changed to Urell. ITEMS FROM STAFF: Staff welcomed Randy Klauer to the Zoning Board of Adjustment. ITEMS FROM BOARD: The Board unanimously elected Bill Gasper as the new Vice Chair for the Zoning Board of Adjustment. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Kyle L. Kritz, Associate Planner Adopted