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Minutes_Zoning Board of Adjustment 05.28.26City of Dubuque City Council CONSENT ITEMS # 1. Copyrighted July 6, 2026 ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of June 15; Community Development Advisory Commission of May 20; Historic Preservation Commission of May 27; Human Rights Commission of April 14; Resilient Community Advisory Commission of May 7; Zoning Advisory Commission of May 6; Zoning Board of Adjustment for May 28. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 6-15-26 City Council Minutes 2. Resilient Community Advisory Commission Minutes 3. Community Development Advisory Commission Minutes 4. Human Rights Commission Minutes 5. Historic Preservation Commission Minutes 6. Zoning Advisory Commission Minutes 7. Zoning Board of Adjustment Minutes Page 16 of 853 Dubuque THE CITY OF DUB TE 2007.2012.2013 Masterpiece on the Mississippi 2017.2019 MINUTES CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT REGULAR SESSION 5.30 p.m. Thursday, May 28, 2026 City Council Chambers, Historic Federal Building Board Members Present: Chairperson Keith Ahlvin, Board Members Ben Loeffelholz, 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 Chairperson Ahlvin at 5:30 p.m. MINUTES: Motion by Loeffelholz, seconded by Stierman, to approve the minutes of the April 23, 2026 Zoning Board of Adjustment meeting as submitted. Motion carried by the following vote: Aye — Loeffelholz, Stierman, and Ahlvin; Nay — None; Abstain — Kosel, Mauss. DOCKET — 08-26: Application of Joel Callahan & Logan Yager, ReVosWel Truss & Lumber, 4480 Dodge, to allow eight wall signs totaling 186 square feet in area where one wall sign of 100 square feet is allowed in a C-3 General Commercial zoning district for a business in a multi -tenant property. Logan Yager, ReVosWel, 4480 Dodge Street, spoke in favor of the request. He stated that the business is doing well, they are occupying most of the building, and they are seeking additional signage to advertise more products. He said that they are willing to waive the old sign variance for a second freestanding sign and have a condition that the variance only apply to a business occupying as much of the building as them. He said the product signs would be installed under a lip on the building, giving it a clean look. There was no public input. Staff Member Duba detailed the staff report noting the number and dimension of signs being requested, explaining the C-3 sign regulations, and describing some of the challenges the property and business face. He reiterated the offer to nullify the variance from 2010 and apply the condition that a future business would need to occupy at least as much area as ReVosWel. The Board discussed nullifying the past variance and conditioning the signage approval Page 43 of 853 Zoning Board of Adjustment Minutes May 28, 2026 Page 2 based on the amount of building occupancy. Chairperson Ahlvin noted concerns regarding the quantity of signs and a lack of practical difficulty, and that the number of signs would alter the essential character of the neighborhood. Motion by Mauss, seconded by Kosel, to approve the request with the following conditions: 1. The sign variance for an additional freestanding sign up to 84 square feet granted in August 2010 in Docket 45-10 is nullified. 2. The variance approval is only valid for tenant(s) occupying a minimum of 7,695 square feet (59%) of the main floor of the building. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Stierman; Nay — Ahlvin. DOCKET — 10-26: Application of Serenity Home Transformations, 3015 Shiras Avenue, to construct a detached garage, 16' in height, with a total of 1,820 sq. ft. of detached accessory structures where 15' in height and 1,000 sq. ft. maximum is permitted in an R- 1 Single Family Residential zoning district. Kerry Leppert, 3015 Shiras Avenue, spoke in favor of the request. He explained that they are planning to build a two -car garage that would match the shape of the house with a 12-12 roof pitch. He said the garage will be behind the house and hard to see from Shiras. He noted he has a large property totaling 2.8-acre. There was no public input. Staff Member Schrobilgen detailed the staff report noting the plan to build a two -car garage up and behind the house. He explained that it would be 720 square feet in area, bringing the total area of detached accessory structures up to 1,820 square feet. He noted topography and wooded hillsides that act to screen the proposed garage from view from Shiras Avenue and adjacent properties. He said the property will have to install a hard surface driveway and that the applicant was requesting to phase the hard surface installation. He recommended the condition to manage stormwater on the property. The Board asked the applicant if he was amenable to the staff recommended conditions. Mr. Leppert replied yes but noted that the staff report included a recommended condition allowing him until September 2027 to complete the paving for the driveway and he kindly requested that it be extended to October 2027. Motion by Mauss, seconded by Kosel, to approve the request with the following conditions: 1. A hard surface driveway be installed by October 31, 2027. 2. Stormwater be managed on the subject property. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None. Page 44 of 853 Zoning Board of Adjustment Minutes May 28, 2026 Page 3 DOCKET — 11-26: Application of Daniel J. Kane III, 65 Oak Grove Drive, to construct a detached garage, 20' in height with a total of 1,596 sq. ft. of detached accessory structures where 15' in height and 1,000 sq. ft. maximum is permitted in an R-2 Two - Family Residential zoning district. The applicant provided a written request to table the review. Motion by Mauss, seconded by Stierman, to table the request. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None. DOCKET — 12-26: Application of John Heinze, 420 Shrewsbury Lane, to construct a detached deck and pool 0' from side and rear property lines along with a detached shed totaling 1,254 sq. ft. of accessory structures and covering 52% of the lot where 6' minimum setbacks are required, and a 1000 sq. ft. maximum and 40% lot coverage are permitted in an R-1 Single Family zoning district with conditions. John Heinze, 420 Shrewsbury Lane, spoke in favor of the request. He explained that they have a pool and double deck and they are planning to increase the size of the pool. He said he made some adjustments to his plan after speaking with his neighbor at 410 Shrewsbury who had concerns about chemical runoff and noise. He stated they are moving the pool to meet the west side yard setback and were now planning a ground level deck on that side. He said that he could do concrete by right but thought the deck would actually help with water management compared to concrete. There was no public input. Staff Member Moon detailed the staff report noting the request is to allow lot coverage by structures to be 52%, exceeding 40% maximum, and for setbacks to be 0' on the west and north for the pool and grade -level deck. She also noted that the applicant proposed additional area for a small shed as part of the request. She summarized the letter of opposition from the neighbor at 410 Shrewsbury which stated that the scale of deviation from requirements as too great. The Board discussed whether a cement pad would count toward coverage. Staff Member Moon explained that paving does not count toward the structural coverage limit of 40% but it would count toward the impermeable area coverage limit of 80%. The Board expressed some consternation about the issues noted in the neighbors' opposition letter and asked the applicant to clarify where he drains the pool too and how high the deck would be along the western side of the pool. Mr. Heinze explained that he doesn't use a pump and that he only drains a portion of the water into the field to the north at the end of the summer which is part of winterizing the pool. Motion by Mauss, seconded by Kosel, to approve the request with the following condition: 1. The deck along the west property line be constructed at ground level height. Page 45 of 853 Zoning Board of Adjustment Minutes May 28, 2026 Page 4 Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None. DOCKET — 13-26: Application of Toben Murdock, 364 Hill Street to construct a first- and second- story deck 0' from the side property line and coverage 56.1 % of the lot where 4' minimum setback and 40% lot coverage are permitted in an R-3 Multi -Family Residential zoning district. Rick Pottebaum, 709 Garfield Avenue, spoke in favor of the request. He explained that some friends of the owner had been helping the property owner do some work. He acknowledged that some of the work, including this deck, was done without a permit. He said the deck is now a little bigger, and the stairs go to the front of the home instead of toward the rear. He said that he thinks the work done on the house has improved it and made it a good asset to the community. Chris Erschen, 370 Hill Street, wondered whether the deck would be too close to the property line, which could be a problem if he tries to sell his house. However, after clarification that the request is for the deck that was recently built, not for an additional deck, Mr. Erschen retracted his opposition, saying he was okay with what was already built. Staff Member Schrobilgen detailed the staff report displaying a photo of the deck that has been constructed. He described the new deck and how it compares to what was there previously. He said the lot size of 3,500 square feet, is smaller than a typical 5,000 square foot lot so the structural coverage increases quickly. He also noted that many houses on this block are on a similar size lot. He clarified that the lower -level patio was converted to a deck and that the upper -level deck was increased in size and that the stairs for access were approximately 0' from the north side property line. The Board asked if the deck as shown in the image is considered "of an open design" since it has a approximately 6' privacy fence around it. Staff Member Schrobilgen replied that yes, it would still be considered open since it doesn't have a roof. Motion by Stierman, seconded by Mauss, to approve the request with the following conditions: 1. The deck remain of an open design. 2. Stormwater be managed on the subject property. 3. The property line be demonstrated to the satisfaction of the building official. Motion carried by the following vote: Aye — Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — Kosel, citing criteria B and C. B. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish and impair property values within the neighborhood. C. That establishment of the specific proposed exception will not impede the normal Page 46 of 853 Zoning Board of Adjustment Minutes May 28, 2026 Page 5 and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. DOCKET — 14-26: Application of Clayton and Siobhan Erschen, 1217 Isborn Avenue, to construct a 16' by 8' firewood storage structure 0' from the side and front property lines where 6' and 20' minimum setbacks are required in an R-1 Single -Family Residential zoning district. Clayton Erschen, 1217 Isborn Avenue, spoke in favor of the request. He explained that he built the firewood shed several years ago without realizing that he needed a Special Exception for a structure without a foundation. He said it kind of acts as privacy fence, and his other neighbors don't mind it. There was no public input. Staff Member Schrobilgen detailed the staff report noting the shed is 0' from the north and east property lines. He said Isborn Avenue dead ends at the farm to the south so through traffic was non-existent. He said one letter of support was received. The Board asked what the structure is classified as. Staff clarified that it is an open structure intended for the storage of firewood, and the Board could condition approval on it remaining so. The Board suggested it remain of the same dimensions and use. Stormwater runoff and the potential of adding a gutter was discussed. Motion by Mauss, seconded by Stierman, to approve the request with following conditions: 1. The shed remain of the same dimensions. 2. The shed remain of an open design. 3. The shed only be used for firewood storage. 4. The property line be demonstrated to the satisfaction of the building official. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None. DOCKET — 15-26: Application of Matt Dressler, 2155 Carter Road, to construct an 8' by 8' deck 15' from the front property line where 20' minimum setback is required an R-1 Single -Family Residential zoning district. Matt Dressler, 2155 Carter Road, spoke in favor of the request. He explained that he is requesting an 8' by 8' deck 15' from the front property line. There was no public input. Staff Member Duba detailed the staff report noting that a 5' by 5' deck could be built by right. He also said that the public right of way is unusually wide here, and the front property line is 5' to 6' behind the sidewalk where it is typically 1 or 2 feet. He stated that the front Page 47 of 853 Zoning Board of Adjustment Minutes May 28, 2026 Page 6 of the deck would be about 24' from the sidewalk and about 30' from the edge of the street and therefore was not anticipated to have an impact on safety, comfort, or development patterns. The Board suggested conditioning approval on the deck remaining of an open design and asked the applicant if they were amenable to that condition and Mr. Dressler confirmed he was. Motion by Kosel, seconded by Stierman, condition: 1. The deck remain of an open design. to approve the request with the following Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None. ITEMS FROM PUBLIC: None. ITEMS FROM BOARD: The Board sought to confirm whether the election of officers will be on an upcoming agenda. Some scheduling challenges were discussed. Staff confirmed they would agendize the election of officers for the next meeting. ITEMS FROM STAFF: None. ADJOURNMENT: Motion by Kosel, seconded by Loeffelholz, to adjourn the May 28, 2026 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, Stierman, and Ahlvin; Nay — None The meeting adjourned at 6:33 p.m. Respectfully submitted, June 25, 2026 Shena Moon, Associate Planner Adopted Page 48 of 853