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Minutes_Zoning Board of Adjustment 07.23.26Copyrighted September 8, 2026 City of Dubuque CONSENT ITEMS # 1. City Council ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of August 17, 18, 24, 25, and 27, 2026; Airport Commission of February 23, March 24, April 28 and May 26, 2026; Arts and Cultural Affairs Advisory Commission of March 24, April 28, May 26 and June 23, 2026; Arts and Cultural Affairs Advisory Commission Art on the River Committee of March 12 and May 21, 2026; Board of Library Trustees of March 26, April 16 and May 28, 2026; Board of Library Trustees Updates of May 28 and June 25, 2026; Five Flags Civic Center Advisory Commission of December 1, 2025 and April 2, 2026; Civil Service Commission of March 11, April 14, and May 13, 2026; Historic Preservation Commission of July 16, 2026; Human Rights Commission of May 11, 2026; Long Range Planning Advisory Commission of May 20, 2026; Park and Recreation Advisory Commission of March 10, April 8, May 12, and June 9, 2026; Zoning Advisory Commision of July 1, 2026; Zoning Board of Adjustment of July 23, 2026; Proof of Publication for City Council Proceedings of August 3, 17, and 18, 2026 and related Expenditure Reports. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 8 17 26 City Council Minutes 2. 8 18 26 City Council Minutes 3. Proof of Publication for City Council Proceedings of 8 3 26 and related expenditure report 4. Airport Commission Minutes of February 23 2026 5. Airport Commission Minutes of March 24 2026 6. Airport Commission Minutes of April 28 2026 7. Airport Commission Minutes of May 26 2026 8. Arts Commission Minutes 5.26.26 9. Arts Commission Minutes 4.28.26 10. Arts Commission Minutes 3.24.26 11. Arts Commission Minutes 6.23.26 12. Five Flags Civic Center Advisory Commission Minutes of February 2026 13. Civil Service Minutes April 14. Civil Service Minutes March 15. Civil Service Minutes May 16. Historic Preservation Commission Minutes 17. Human Rights Commission Minutes 18. Library Board of Trustees Council_Update_05_28 19. Library Board of Trustees Council_Update_06_25 20. Library Board of Trustees April 16 2026 Minutes 21. Library Board of Trustees Minutes 3-10-26 22. Library Board of Trustees May 2026 Signed Minutes 23. Long Range Planning Advisory Commission Minutes 24. Parks and Recreating Advisory Commission Minutes - May 25. Parks and Recreating Advisory Commission Minutes - April 26. Parks and Recreating Advisory Commission Minutes - March 27. Parks and Recreating Advisory Commission Minutes - June 28. Five Flags Civic Center Advisory Commission Minutes of December 2025 29. 8 25 26 City Council Minutes 30. 8 27 26 City Council Minutes 31. 8 24 26 City Council Minutes 32. 8 17 26 Proceedings Proof 33. 8 18 26 Proceedings Proof 34. 8 17 26 Expenditure Report Proof 35. Zoning Advisory Commission Minutes 36. Zoning Board of Adjustment Minutes 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, July 23, 2026 City Council Chambers, Historic Federal Building Board Members Present: Chairperson Keith Ahlvin, Board Members Ben Loeffelholz, Gwen Kosel, and Matt Mauss Board Members Excused: Rena Stierman Board Members Unexcused: None Staff Members Present: Shena Moon and Jason Duba CALL TO ORDER: The meeting was called to order by Chairperson Ahlvin at 5:30 p.m. MINUTES: Motion by Kosel, seconded by Mauss, to approve the minutes of the June 25, 2026 Zoning Board of Adjustment meeting as submitted. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. DOCKET—19-26: Application of Chris Martin, 409 South Grandview Avenue, to allow an attached deck within the visibility triangle 0' from front property line (along Dunning Street) and 0' from the rear property line where 20' minimum setbacks are required and to allow 41 % lot coverage where 40% maximum is allowed in an R-1 Single -Family Residential zoning district. Chris Martin, 810 Harbor Drive, East Dubuque, spoke in favor of the request. He explained that they are seeking to redo the deck and to enlarge it slightly. There was no public input. Staff Member Moon detailed the staff report noting the special exception request is to allow reduced setbacks along the front and rear property lines. She stated the request is for 0' setbacks where 20' is required for the front along Dunning and 20' is required for the rear along the alley because the deck is attached to the house. She explained that it appears that the stairs to the garage could be outside the property line, and an encroachment into the alley would need Engineering approval. She noted that the proposed deck would be located in the visibility triangle between Dunning Street and the alley. Board Member Kosel asked if the new deck was going to be bigger than the current deck. Trish McDonald, the property owner of 409 S Grandview, explained that the deck will not Zoning Board of Adjustment Minutes July 23, 2026 extend further toward Dunning Street. Page 2 Board Member Kosel asked if the current deck is in the visibility triangle. Staff stated that it was mostly out of the visibility triangle. The Boards asked the property owner if she would be willing to cut the corner of the proposed deck to comply with the visibility triangle. Ms. McDonald replied that people driving out of that alley seem to have adequate visibility even with the deck. The Board asked Ms McDonald if she was amenable to the condition that the deck remain of an open design, and she said yes. Board Member Mauss said he was concerned about the visibility encroachment and the stairs into the alley. Ms. McDonald replied that the steps to the garage are an improvement because going from the garage through the basement leads to an internal staircase that has a very low ceiling. Chairperson Ahlvin asked to clarify that the stairs into the alley would require Engineering approval. Staff Member Moon said it may require Engineering approval if it is found that the stairs encroach into the right-of-way. She stated that the applicant would be responsible for verifying their property line location to the satisfaction of the building official. Ms. McDonald said Engineering checked the work when the retaining wall and stairs were fixed a few years ago. Staff Member Moon suggested that the Board could include a condition of approval regarding establishing the property line to the satisfaction of the building official. She noted that if the Special Exception were approved, it would be only for portions of deck located on the private property and not for any encroachment into the public right-of-way. The Board had a discussion about the deck encroaching into the visibility triangle and whether to approve that exception. Mr. Martin noted that the proposed deck would be 14' higher than the current deck, so people exiting the alley could have visibility underneath the deck. Ms. McDonald said that she's amenable to leave the area under the deck open to provide visibility. Mr. Martin said the top portion of the deck will have horizontal wire between the railings, so that will allow visibility too. Board Member Mauss said that he was okay with the proposal now. Board Member Kosel noted she still had some concerns. Motion by Ahlvin, seconded by Mauss, to approve the request with the following conditions- 1 . The property owner shall demonstrate the location of the property line to the satisfaction of the building official by obtaining a survey or locating the property pins. 2. The applicant shall be responsible for obtaining approval(s) form the City Engineering Department for any encroachments into the public right-of-way. 3. Stormwater runoff from the deck shall be managed on the subject property. 4. The deck shall remain of an open design above and below the deck surface. Motion carried by the following vote: Aye — Loeffelholz, Mauss, and Ahlvin; Nay — Kosel, Zoning Board of Adjustment Minutes July 23, 2026 Page 3 citing criteria: A. That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare. 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. DOCKET — 20-26: Application of Jesse Maas, 1843 Auburn Street, to construct garage additions 0' from the front property line and 10' from the rear property line where a minimum of 20' is required from each and to allow 48.5% lot coverage where 40% is permitted in an R-1 Single -Family Residential zoning district. Jesse Maas, 1843 Auburn Street, spoke in favor of the request. He explained that he is seeking to widen his proposed garage addition by 1' along Auburn Street and narrow it by 1' on the rear because he is planning to have two single -stall garage doors instead of one large garage door. There was no public input. Staff Member Moon detailed the staff report noting the applicant is seeking modifications to a previous approval for lot coverage and front and rear setbacks. She reiterated the expansion of the garage on Auburn with the decrease in depth. She also said there is an expansion of the deck with a square corner. She displayed a plan view showing changes in red. Chairperson Ahlvin asked what the conditions of approval were in 2025. Staff Member Moon stated that the conditions required the building materials to be residential in nature and that stormwater be managed on the subject property. Board Members discussed the project and had no concerns. Motion by Kosel, seconded by Mauss, to approve the request with the following conditions: 1. The building materials shall be residential in nature. 2. Stormwater shall be managed on the subject property. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. DOCKET — 21-26: Application of Patricia Metz, 4905 Red Violet Drive, to construct a detached shed 0' from the side property line where a 6' minimum setback is required in an R-1 Single -Family Residential zoning district. Patricia Metz and Bob Bauer 4905 Red Violet Drive, spoke in favor of the request. They explained that they are seeking to place a pre -fabricated shed on their property, and it would be right on the property line. They said they obtained written approval from the neighbors while seeking a Limited Setback Waiver. They said that setting the shed 6' Zoning Board of Adjustment Minutes July 23, 2026 Page 4 back from their property line does not allow enough room between it and the deck. They noted they have located their property pins. The property owners asked about the fire resistance rating requirement, and Staff Member Moon encouraged them to work with the Inspection & Construction Services Division to confirm the details about this requirement. There was no public input. Staff Member Duba detailed the staff report noting characteristics about the property and the surrounding neighborhood. He said the proposed shed would not impede visibility or development and should not impact property values. He noted that the applicant had previously sought a Limited Setback Waiver, but that only allowed a 4' setback, not 0' as proposed. He encouraged the Board to consider a conditional of approval for managing stormwater on site. The Board discussed the project and had no concerns. Motion by Kosel, seconded by Mauss, to approve the request with the following conditions: 1. The property owner shall demonstrate the location of the property line to the satisfaction of the building official by obtaining a survey or locating the property pins. 2. Stormwater runoff from the shed shall be managed on the subject property. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. DOCKET — 22-26: Application of Eric McFadden, Valeria Street, to construct townhomes with reduced front and side setbacks in an R-2A Two -Family Alternate Residential Zoning District. Eric McFadden, 14059 Old Highway Rd, spoke in favor of the request. He explained that he is seeking to build on a property that has been vacant for over 100 years. He said the triangle shape of this property is hard to work with. He described the setback reductions and reduced lot area being requested. Chairperson Ahlvin asked about stormwater management, and Mr. McFadden replied that there would be a new paved access to each lot and stormwater would be managed per city requirements. There was no public input. Staff Member Moon detailed the staff report noting The Special Exception request if for front and side yard setbacks. She displayed a site image and noted the location of all the reduced setbacks that were requested. She noted the property abutted a bluff wall to the north. She described the residential neighborhood surrounding the property. Zoning Board of Adjustment Minutes July 23, 2026 Page 5 Staff Member Moon noted that several city reviews need to occur before this project can move forward. She outlined the reviews including the rezoning which has been approved the City Council, the purchase of a city owned lot which is being managed by the Engineering Department, and a subdivision plat which is expected to be reviewed by the Zoning Advisory Commission and City Council in the coming months. She noted that the site contains an existing access driveway that serves three lots located to the east of the subject property. She stated that the applicant intends to include an access easement on their subdivision plat for the driveway. Staff stated that notice was sent to abutting property owners, and staff has not received any written or verbal feedback for the Special Exception request specifically. Staff noted the recommended conditions for approval in the staff report regarding the subdivision plat, sale of city property, and stormwater runoff for the Board's consideration. Board Member Loeffelholz said he agreed with the condition to manage stormwater on site. Board Member Kosel said she liked the project but was concerned about the 0' lot line next to the sidewalk on site #1. Mr. McFadden replied that the sidewalk does not actually extend there, so the house will be adjacent to a green buffer. Board Member Kosel replied that she was okay with it now. Motion by Ahlvin, seconded by Mauss, to approve the request with the following conditions: 1. The Special Exception approval is contingent upon the approval of a subdivision plat for the subject site. 2. The Special Exception approval is contingent upon the sale of city owned property to the property owner. 3. Stormwater runoff from the proposed project shall be managed on the subject property. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. Mr. McFadden said they will be working with the neighbor to the east to establish an easement to their property. DOCKET — 23-26: Application of Tabatha Schoenberger, 980 Clarke Drive, To construct a pool and deck for a total of 4,314 sq. ft. of detached accessory structures where 1,000 sq. ft. maximum is permitted in an R-1 Single -Family zoning district. The applicant submitted a written request to table to the next meeting. Motion by Kosel, seconded by Loeffelholz, to table the request to the August meeting. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. Zoning Board of Adjustment Minutes July 23, 2026 Page 6 DOCKET — 24-26: Application of Cathy Recker, 390 Glen Oak Street, to construct an attached deck 0' from the side property line where 6' minimum setback is required in an R-1 Single -Family zoning district. Cathy Recker, 390 Glen Oak Street, spoke in favor of the request. She explained that she's seeking to build a deck between her house and garage that would be 0' from the southern side property line. Staff Member Duba detailed the staff report noting characteristics about the property and the surrounding neighborhood. He noted that the side property line is separated from the property to the south by the alley, which is 20' wide. He noted the recommended condition of approval is the staff report that would require the deck remain of an open design. Board Member Mauss suggested the condition of establishing the property line to satisfaction of the building official. Chairperson Ahlvin asked if the applicant was amenable to the condition that the deck remains of an open design. Ms. Recker said yes. Board Member Kosel asked what type of railing would be used and Ms. Recker stated it would be like those on the front of the house. Board Member Kosel asked if the deck would extend beyond the edge of the driveway. Ms. Recker said no and that the property was surveyed, and the grass just keeps filling in between her driveway and the paved part of the alley. Board Member Kosel asked about the purpose of extending the deck beyond the addition of the house. Ms. Recker said she's just trying to maximize the space and noted that the stairs will be inset into the deck. Motion by Kosel, seconded by Mauss, to approve the request with the following conditions: 1. The property owner shall demonstrate the location of the property line to the satisfaction of the building official by obtaining a survey or locating the property pins. 2. The deck remain of an open design. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. ITEMS FROM PUBLIC: None ITEMS FROM BOARD: None Zoning Board of Adjustment Minutes July 23, 2026 Page 7 ITEMS FROM STAFF: Staff Member Moon reviewed a memo about new state legislation permitting appeals of Variance decisions by the Board to the City Council. She said they are working with the City Attorney's Office to interpret this legislation. Chairperson Ahlvin asked if this applied to Special Exceptions or Conditional Use Permits, and Staff Member Moon replied no, just Variances. Chairperson Ahlvin said it's nice that there's an option for appeal without costly legal fees. ADJOURNMENT: Motion by Kosel, seconded by Loeffelholz, to adjourn the July 23, 2026 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye — Kosel, Loeffelholz, Mauss, and Ahlvin; Nay — None. The meeting adjourned at 6:38 p.m. Respectfully submitted, %,,, A, August 27, 2026 S ena Moon, Associate Planner Adopted