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Minutes_Zoning Board of Adjustment 08.28.25Copyrighted October 6, 2025 City of Dubuque CONSENT ITEMS # 1. City Council ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of September 8, 15, 22, 23, and 25, 2025; Building Code Advisory and Appeals Board Minutes of March 22 and April 6, 2023; Historic Preservation Commission of August 21, 2025; Human Rights Commission of August 12, August 29, and September 4, 2025; Library Board of Trustees Update of August 28, 2025; Park and Recreation Commission of August 12, 2025; Transit Advisory Board of April 10, 2025; Zoning Advisory Commission of September 3, 2025; Zoning Board of Adjustment of August 28, 2025; Proof of publication of City Council Proceedings of August 27, September 2, and September 4, 2025. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 9 8 25 City Council Minutes 2. 9 15 25 City Council Minutes 3. 9 22 25 City Council Minutes 4. 9 23 25 City Council Minutes 5. 9 25 25 City Council Minutes 6. Building Code Advisory and Appeals Board Minutes of March 2023 7. Building Code Advisory and Appeals Board Minutes of April 2023 8. Historic Preservation Commission Minutes 9. Human Rights Commission Minutes - August 12, 2025 10. Human Rights Commission Subcommittee Minutes - August 29, 2025 11. Human Rights Commission Subcommittee Minutes - September 4, 2025 12. Library Board of Trustees Update 13. Park and Recreation Commission Minutes 14. Transit Advisory Board Minutes 15. Zoning Advisory Commission Minutes 16. Zoning Board of Adjustment Minutes 17. Proof —August 27 Proceedings 18. Proof —September 2 Proceedings 19. Proof September 4 Proceedings Page 30 of 1264 Dubuque THE CITY OF DUB E ;111. a1 2007.2012.2013 Masterpiece on the Mississippi 2017+2019 MINUTES CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT REGULAR SESSION 5:30 p.m. Thursday, August 28, 2025 City Council Chambers, Historic Federal Building Board Members Present: Chairperson Jonathan McCoy, Board Members Keith Ahlvin, Gwen Kosel, and Rena Stierman. Board Members Excused: Matt Mauss. Board Members Unexcused: None. Staff Members Present: Shena Moon, Travis Schrobilgen, Jason Duba, and Matt O'Brien CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:30 p.m. MINUTES: Motion by Ahlvin, seconded by Kosel, to approve the minutes of the July 24, 2025 Zoning Board of Adjustment meeting as submitted. Motion carried by the following vote: Aye — Ahlvin, Kosel, and Stierman; Nay — None; Abstain — McCoy. DOCKET — 25-25: Application of Zoe Zeien, 705 Caledonia Place, to convert a duplex into three units with 5,857 sq. ft. of lot area where a minimum of 6,000 sq. ft. is required in an R-3 Moderate Density Multi -Family Residential zoning district. Chairperson McCoy stated the two dockets, 25-25 and 26-25, for this property would be heard together and then voted on separately. Daniel Lonski, 1564 Parkway Street, spoke on behalf of the applicant in favor of the request. He explained they are seeking a parking variance to convert their building from a duplex to a triplex. He noted they conducted a parking impact study by observing the neighborhood several times throughout the week and consistently found four to five open parking spaces on Caledonia and four to five spaces on the adjacent street. He explained that the proposed third unit is not new construction, as it has been used as a short-term rental. He said he respects the neighbors' concern about parking, but when they observed the parking situation, it did not seem like a problem. Susan Cronk, 782 Caledonia, spoke in opposition to the application, noting challenges with winter parking, crowding, and lack of space for garbage collection. Staff Member Schrobilgen detailed the staff report noting the two requests that include reduced lot area that is 143 square feet less than required, and another for a parking Page 73 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 2 variance for one space. He said the intent of lot area is to provide outdoor space for residents to utilize and that with the city park behind the property, there is plenty of open space. For the parking variance, he noted that it is a dimensional variance, and the state legislature just passed a law that changes the criteria by which such requests are evaluated to "practical difficulties." He noted that Caledonia has one side parking only. He noted the nearby park where residents could park along Hill Street and explained the parking space calculation resulting in the one space deficiency. He noted the property was approved for a Conditional Use Permit for a tourist home in 2019. He explained that the property would need these two approvals and a rezoning before they could have a third unit. The Board Members discussed the new variance criteria and they all expressed concern about parking availability in the neighborhood. The Board Members discussed how the lot area request was generally palatable; however, they had concerns regarding the parking variance request. Motion by McCoy, seconded by Ahlvin, to approve the request to convert a duplex into three units with 5,857 sq. ft. of lot area where a minimum of 6,000 sq. ft. is required. Motion carried by the following vote: Aye — Ahlvin, Kosel, and Stierman; Nay — McCoy citing Criteria #1: The practical difficulties faced are unique to the property at issue and not self-created. DOCKET — 26-25: Application of Zoe Zeien, 705 Caledonia Place, convert a duplex into three units with a deficit of one (1) off-street parking space in an R-3 Moderate Density Multi -Family Residential zoning district. Motion by McCoy, seconded by Ahlvin, to approve the request to convert a duplex into three units with a deficit of one (1) off-street parking space. Motion denied by the following vote: Aye — None; Nay — Ahlvin, Kosel, Stierman, and McCoy, all citing Criteria #1: The practical difficulties faced are unique to the property at issue and not self-created. DOCKET — 31-25: Application of Nathaniel Vance, 711 East 22nd Street, to construct an attached deck 0' from the front and side property lines where a minimum of 10' and 3' is required, respectively, in an R-2A Alternate Two -Family Residential zoning district. Nathaniel Vance, 711 East 22nd Street, spoke in favor of the request. He explained the design details of the deck he's requesting to build and displayed images of the plans. Chairperson McCoy asked if he was amenable to keeping the deck open. Mr. Vance replied yes. There was no public input. Staff Member O'Brien detailed the staff report noting the setback request of 0' from the front property line. He described the neighborhood and noted that there are other legally nonconforming decks and porches in the area. Page 74 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 3 The Board agreed with the condition that it remains of an open design and felt that the deck was otherwise in character with the neighborhood. Motion by Ahlvin, seconded by Kosel, to approve the request with the following condition: 1) The deck shall remain of an open design. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. DOCKET — 32-25: Application of Jere Gardner, 1504 Jackson Street, to construct a 480 square foot detached garage addition 0' from the side property line for a total of 1,160 square foot of accessory structures where a 3' minimum setback and a maximum of 1,000 square feet of detached accessory structures is permitted in an R-2A Alternate Two - Family Residential zoning district. Jere and Tammy Gardner, 1504 Jackson Street, spoke in favor of the request. They explained that they would like to build a 20' x 24' addition to their existing garage. They said they've been working with building inspectors to comply with building code requirements. Chairperson McCoy asked if they would be amenable to a condition to manage stormwater on their property. Mr. Gardner stated that they were okay with that noting that the gable is going in the other direction and there will not be gutters along the property line. Chairperson McCoy referred to the opposition letter from the neighbors to the north at 1530 Jackson Street. Mr. Gardner stated that the proposed wall would be 8" off the property line and the roof would be pitched away from the property line. Staff Member Duba detailed the staff report noting characteristics of the subject property and the surrounding neighborhood. He explained the request and displayed the site plan. He noted the properties in the area are fully developed and the proposed garage would be fully contained on the subject property. Board Members expressed concern about the proximity of the garage to the property line. It was estimated that the addition would be approximately 2'-4" closer to the property line than the existing garage. Chairperson McCoy suggested that the candidates may wish to table their request. Mr. Gardner asked what the major concerns were, and Chairperson McCoy informed the applicant of the Special Exception criteria and also read them into the record. The Board questioned whether the proposed garage addition could be built in line with the existing garage wall so that it would be no closer to the property line. The applicants were amenable to that. The Board expressed a willingness to approve the Special Page 75 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 4 Exception for going over the maximum area of detached accessory structures but did not generally support the request for a reduced side yard setback beyond that of the existing garage. Motion by McCoy, seconded by Kosel, to approve the request to construct a 480 square foot detached garage addition for a total of 1,160 square foot of accessory structures where a maximum of 1,000 square feet of detached accessory structures is allowed with the following conditions: 1. The garage addition is built in -line with side yard setback of the existing garage. 2. Stormwater be managed on the subject property. 3. Residential building materials be utilized. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. DOCKET — 33-25: Application of Jim Moser, Phase I Consulting, American Tower Corp., at 1824 North Main Street, to modify an existing cell tower in an R-2 Two Family Residential zoning district. Jim Moser, 864 Edwards Street, Wheeling, IL, spoke in favor of the request. He explained that they are seeking to increase the diameter at the top of the tower from 3' to 5' for newer cell equipment for new technology. Chairperson McCoy asked if it would increase the height of the towner, and Mr. Moser replied no, it would just increase the diameter. Chairperson McCoy asked to confirm whether the town would still function as a flagpole, and Mr. Moser said no. There was no public input. Staff Member Schrobilgen detailed the staff report noting the existing tower was stealthed as a flagpole, but that will be modified, which triggered the need for a new Conditional Use Permit (CUP). He explained that the Historic Preservation Commission (HPC) reviewed this request and were going to recommend approval with conditions to the City Council. He said staff recommend that the Board adopts the same conditions as those proposed by the HPC. He said the tower is part of a lease/license and is on City property and as such requires City Council review and approval in addition to the CUP. Chairperson McCoy asked if there were pictures of the existing tower, and staff worked to provide imagery from online mapping tools. The Board had no issues with the request, so long as the conditions were maintained. Motion by McCoy, seconded by Ahlvin, to approve the request with the following conditions: 1. That the antennae sheath matches the texture, color, and surface as the existing pole. 2. That the modified monopole should no longer be used as a flagpole. 3. That City Council approves both the design and lease/license. Page 76 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 5 Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. DOCKET — 34-25: Application of Doug Blong, 2501 Harriet Street, to construct a 1,200 square foot detached garage 8' from the front property line with a total of 4,025 square feet of accessory structures where a 20' minimum setback and a maximum of 1,000 square feet of detached accessory structures is permitted in an R-1 Single -Family Residential zoning district. Doug Blong, 2501 Harriet Street, spoke in favor of the request. He explained that they would like to build an additional garage for storage of equipment and vehicles. He said it would be the same footprint as the garage next to it and 40' away from it. There was no public input. Staff Member O'Brien detailed the staff report noting that it is a large agricultural lot. He said that the Engineering Department has vacated the right of way so the garage could be constructed here. Chairperson McCoy asked to confirm that the proposed garage would be on the same lot as the house, and Staff Member Moon replied yes, Engineering has vacated the right of way and the property is owned by Mr. Blong. Chairperson McCoy proposed that consolidation of the lots be a condition of approval. Mr. Blong stated that the land has been consolidated. Board Members were supportive of the request and suggested conditions regarding stormwater management and providing a hard surface driveway. Motion by McCoy, seconded by Kosel, to approve the request with the following conditions: 1. Stormwater be managed on site. 2. The hard surfaced driveway be constructed. 3. That lot consolidation be complete prior to construction. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. DOCKET — 35-25: Application of Johnnie D. Smith, 2905 Muscatine Street, to construct a 238 square foot garage addition 5' from the side property line with a total of 1,101 sq. ft. of accessory structures where a 6' minimum setback and a maximum of 1,000 sq. ft. of detached accessory structures is permitted in an R-1 Single -Family Residential zoning district. Johnnie D. Smith, 2905 Muscatine Street, spoke in favor of the request. He explained that he is seeking to construct a 17' x 13' addition to his garage, which would be 101 square feet over the 1,000 square foot limit. He said it would be for storage, as his family Page 77 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 6 has two cars, a boat, and motorcycles. Chairperson McCoy asked if he would be amenable to a condition to manage stormwater on his property. Mr. Smith was fine with that, and stated he it has been planned for already. There was no public input. Staff Member Duba detailed the staff report noting characteristics of the subject property and the surrounding neighborhood. He explained the request and displayed the site plan. He noted the properties in the area are fully developed and the proposed garage would be fully contained on the subject property. Board Members expressed support for the request with the proposed conditions. Motion by McCoy, seconded by Stierman, to approve the request with the following conditions: 1. Stormwater be managed on site. 2. The addition be constructed in line with the existing garage, no closer than 5' to the side property line. 3. That residential building materials be used. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. DOCKET — 36-25: Application of Paul Miller, 395 O'Neill Street, to construct a 625 square foot detached garage 0' from the side property line and 8' from the front property line where a 6' and 20' minimum setback is required, respectively, in an R-1 Single -Family Residential zoning district. Paul Miller, 395 O'Neill Street, spoke in favor of the request. He explained that he's seeking to construct a detached garage adjacent to his house on the north side of his property for parking vehicles. He listed the distance the garage would be from property lines and structures, noting that the front of the garage would be further back than the front of the house. Chairperson McCoy asked Mr. Miller if he would be amenable to conditions for stormwater management, establishing the property line, hard surfacing the driveway, and using residential building materials. Mr. Miller said yes and stated that he planned to use metal siding of a similar color to his house. Staff Member O'Brien detailed the staff report noting that it is an established neighborhood, the property has two street frontages, and that an existing unimproved platted city alley would provide a 20' separated from the neighboring residence to the north. Board Members had no questions or concerns. Page 78 of 1264 Zoning Board of Adjustment Minutes August 28, 2025 Page 7 Motion by McCoy, seconded by Ahlvin, to approve the request with the following conditions: 1. Stormwater be managed on site. 2. They establish the property line to the satisfaction of the building official. 3. The driveway be hard surfaced. 4. That residential building materials be used. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman, and McCoy; Nay — None. ITEMS FROM PUBLIC: None. ITEMS FROM BOARD: Chairperson McCoy informed staff that the December meeting would need to be his last meeting. ITEMS FROM STAFF: Staff Member Moon noted the next meeting would be September 25 at 5:30. She provided a reminder about the Board and Commission Picnic, and she provided information about the UDC update process currently in progress. ADJOURNMENT: Motion by McCoy, seconded by Kosel, to adjourn the August 28, 2025 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye — Ahlvin, Kosel, Stierman and McCoy; Nay — None The meeting adjourned at 6.45 p.m. Respectfully submitted, September25, 2025 ShOrKa Moon, Associate Planner Adopted Page 79 of 1264