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Minutes Zoning Bd of Adj 8 23 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, August 23, 2001 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D? FT PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Ureil, Bill Gasper, and Fred Beeler; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. CALL TO ORDER: The meeting was called to order at 4:02 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. NOTE: Chairperson Ruden asked the Board to move Dockets 74-01 and 75-01 to the beginning of the meeting because of a time conflict. DOCKET 74-01: Application of Bressler Outdoor Advertising for a variance for property located at 44 Main Street to place an off-premise sign 325 feet from an existing off-premise sign, 750 feet minimum required on a federal and primary highway, in an LI Light Industrial zoning district. Chris Stevens, representative for Bressler Outdoor Advertising, outlined his request. Mr. Stevens presented a packet of information to the Board and summarized the appeal request made at the July 26, 2001 Zoning Board of Adjustment meeting. Mr: Stevens said he feels that the billboard request meets all the criteria for granting a variance. He said that Bressler has a hardship because of lack of due process. Mr. Stevens said that a hardship was created when the Locust Street connector cut access off from the rest of Main Street. Mr. Stevens said that the sign would generate money for the Weber building, and that the full use of the property is limited by not approving the variance for a sign. He stated that the sign would visually improve the side of the building and has a positive impact on adjacent properties. He said that the sign would have gooseneck lights on top with latticework below. Mr. Stevens said the side of the building where the sign will be located would be tuck pointed. He said the sign would benefit the community because it will visually improve the side of the building. Mr. Stevens stated that he feels the request meets the criteria for granting a variance. Mr. Stevens referred to staffs analysis contained in the staff report. He stated that he feels the sign would not create visual clutter. He stated that Bressler is trying to maintain a historic downtown look to the sign. Staff Member Hemenway presented the staff report and explained that the regulations in the Ordinance prohibit a sign at this location. He addressed the applicant's response to the criteria for granting a variance. He defined visual clutter for the Board. Mr. Stevens said that only one billboard could be seen from this location. He said it is difficult to regulate content because of the first amendment. Minutes- Zoning Board of Adjustment August 23, 2001 Page 2 The Board reviewed the criteria for granting a variance. The Board felt that the applicant did not meet the first and second criteria for granting a variance. Motion by Gasper, seconded by Urell, to approve the variance as submitted. Motion was denied by the following vote: Aye- None; Nay- Klauer, Urell, Gasper, Beeler and Ruden. DOCKET 75-01: Appeal of Bressler Outdoor Advertising for property located at 44 Main Street to appeal staffs failure to issue a sign permit as required. Chris Stevens, Bressler Outdoor Advertising, presented his case to the Board. He said that on December 12, 2000, Bressler Outdoor Advertising submitted a sign application to Assistant Planner Guy Hemenway. Mr. Stevens said that Bressler Advertising should have been granted a sign permit at that time. He said that Bressler was entitled to a sign permit because their application was submitted on December 12, 2000, which was before the text amendment change regarding separation between off-premise signs. Mr. Stevens referred to written material submitted to the Board. He said that Bressler Outdoor Advertising was denied due process. Mr. Stevens explained that Bressler Outdoor Advertising will appeal to district court if the Zoning Board of Adjustment denies this request. Staff Member Hemenway presented his staff report and requested Assistant City Attorney Tim O'Brien explain the thirty-day time limit for appeals. Assistant City Attorney Tim O'Brien explained that the May 11, 2001 letter was the denial of a sign permit by the zoning officer that could have been appealed. He discussed the July 26, 2001 Zoning Board of Adjustment meeting, where Bressler Outdoor Advertising appealed the staffs interpretation of sign separation. Chairperson Ruden said that he feels Bressler Outdoor Advertising did not meet the 30-day appeal time limit. Mr. Stevens stated that Bressler Outdoor Advertising will fight this as long as it takes. He said he feels that Bressler Outdoor Advertising is not being treated fairly. He stated that he feels Bressler Outdoor Advertising should not be denied a permit because of a technicality. Staff Member Hemenway explained the rationale behind the 30-day appeal time limit. Board Member Klauer questioned the appeal. He said that Bressler Outdoor Advertising made an application. Board Member Klauer said he understood that Bressler Outdoor Advertising did not meet the 30-day limit for the appeal. Staff Member Kritz explained that Bressler Outdoor Advertising did not submit the application until March 2001. He said that the application lacked a check and the mural design. Board Member Ruden felt that Bressler Outdoor Advertising missed the 30-day time limit to file an appeal. Motion by Gasper, seconded by Klauer, to affirm the interpretation of the zoning officer that Bressler Outdoor Advertising failed to file an appeal within the 30-day time limit. Motion was approved by the following vote: Aye- K!auer, Urell, Gasper, Beeler and Ruden; Nay - None. NOTE: Chairperson Ruden excused himself from the meeting. Minutes - Zoning Board of Adjustment August 23, 2001 Page 3 pOCKET 68-01: Application of Kevin Althaus for a special exception (tabled) for property located at 2061 Jeffrey Drive to build a 26 foot by 26 foot detached garage, 2 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential District. Kevin Althaus spoke in favor of his request. He said that he wants to increase his original request, which was tabled from the last meeting, from a 24' by 24' garage to a 26' by 26' garage. He stated that the increased size of the garage would allow easier access. He said that his neighbors are in favor of his request. Staff Member Wernimont outlined the staff report. He explained the previous application that was reviewed by the Board at the July 26, 2001 Zoning Board of Adjustment meeting, and the process of renotification. Motion by Urell, seconded by Klauer, to approve the special exception as submitted. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and Beeler; Nay- None. DOCKET 69-01: Application of Charles & Dianna Spahn for a special exception for property located at 1099 Valentine Drive to construct a 1,080 square foot garage, for a total of 1,380 square feet of accessory structures, 1,000 square foot maximum permitted, in an R-1 Single-Family Residential zoning district. Doug Davis, representing Charles and Dianna Spahn, distributed pictures of the proposed project. He said that the Spahn's have an easement agreement with the neighbor. He explained that the neighbors have 300 square feet of their garage on the Spahn's property. He said that the garage will be 1,080 square feet plus 300 square feet of the neighbor's garage, for a total of 1,380 square feet. Mr. Davis said the applicants were given permission to pour the foundation for the garage. He explained that the garage will not affect adjacent properties. Staff Member Wernimont presented his staff report, stating that the proposed garage should have little effect on public safety Or adjacent properties. Motion by Klauer, seconded by Beeler, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Beeler; Nay- None. DOCKET 70-01: Application of Ed Tschiggfrie/Menards, Inc. for a conditional use permit for property located at 5300 Dodge Street/Highway 20 West to allow placement of fill in a designated flood plain. Ed Tschiggfrie, Tschiggfrie Excavating, represented Menard's at the meeting. Mr. Tschiggfrie referred to a map of the flood plain. Mr. Tschiggfrie pointed out the area where the infill will be placed in the flood plain. He explained that there would be approximately 30 feet of fill extending into the flood plain. Minutes- Zoning Board of Adjustment August 23, 2001 Page 4 William Siegert spoke in favor of the request. He explained that he owns the property immediately adjacent to the Menard's site. The Board asked Mr. Tschiggfrie if they are building on the infill that will be located in the flood plain. Mr. Tschiggfrie explained that they would not be building on top of it because it is a terrace. Board Member Klauer asked if rip rap could be used to prevent erosion in the flood plain. Mr. Tschiggfrie said that soil engineers do not approve of using a steep terrace or rip rap. Staff Member Kritz outlined his staff report. He referred to a map of the area indicating where the inflll will be located. He explained the difference between a floodplain and a floodway. Motion by Klauer, seconded by Beeler, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye-Klauer, Urell, Gasper and Beeler; Nay - None. DOCKET 71-01: Application of Edwardo Armendoriz for a conditional use permit for property located at 1399 Jackson Street to open a carry out/delivery pizza restaurant, with 5 employees, in a C-4 Downtown Commercial zoning district. Edward Armendoriz presented his application and distributed photos of the site. He said that he would like to open a pizza carryout/delivery restaurant. He explained the location of parking in respect to his building. Board Member Klauer asked if the restaurant is only carryout and delivery. Mr. Armendoriz replied that the business would only be carryout and delivery. The Board asked what the hours of operation would be. Mr. Armendoriz replied that his hours of operation would be from 4:00 p.m. to 2:30 a.m. Staff Member Hemenway presented his staff report. He stated that the business meets current parking requirements. Mr. Hemenway said that he would withdraw his recommendation to limit the hours of operation. Motion by Urell, seconded by Beeler, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasperand Beeler; Nay- None. DOCKET 72-01: ApPlication of Luke & Sara Runde for a special exception for property located at 557 W. 16th Street to add a front porch 5 feet from the front property line, 10 feet required, and to build an detached garage, 5 feet from the front property line, 20 feet required, and I foot from the east side property line, 3 feet required, in an R-2A Alternate Two-Family Residential zoning district. Luke Runde spoke in favor of his application. He explained the design of the porch and the location of the 20' by 20' garage. He explained that there is a steep drop-off in his back yard and that prevents him from moving the garage further back. Mr: Runde stated that he is going to move the garage 3 feet from the east side property line instead of 1 foot Minutes- Zoning Board of Adjustment August 23, 2001 Page 5 as originally requested. The Board asked how far the house is from the front property line. Mr. Runde said it is 13 feet. Ken Runde spoke in favor of his son's request. He stated that the porch would have an open design and would match the setback of adjacent residences. Staff Member Wernimont presented his staff report. He explained that Mr. Runde is willing to move the garage 3 feet from the side property line. He said adjacent structures are setback approximately 5 feet from the front property line. He explained that the applicant is proposing to build the garage 5 feet from the front property line because of the topography of the lot. He explained that the garage, as proposed, might block the adjacent property's view to the street. Board Member Klauer said that a car parked in the driveway would hang out in the street. Motion by Urell, seconded by Klauer, to approve the special exception with the conditions that: 1) the front porch be an open style structure; and 2) the garage be 13 feet from the front property line and 3 feet from the east side property line. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, and Beeler; Nay - None. DOCKET 73-01: Application of George Davis & Chris Even for a special exception for pro. perty located at 120 S. Grandview Avenue to build an attached garage/office, 6 feet from the rear property line, 19 feet required, and 4 feet from the north side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. George Davis and Chris Even outlined the request. They described the layout of their property and the location of the building on the lot. The applicant said that the proposed attached garage/office would be built approximately where the greenhouse is currently located. Staff Member Wernimont outlined the staff report. He explained that the office would be used as a home office and not as a commercial office. He stated that the prOperty located at the rear of Mr. Davis and Ms. Even's property drops off steeply. Motion by Klauer, seconded by Urell, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Beeler; Nay- None. MINUTES & NOTICES OF DECISION: The minutes of the July 26, 2001 meeting and Notices of Decision for Dockets 52-01, 56-01, 57-01,58-01, 59-01, 60-01, 61-01, 62-01, 63-01, 64-01, 65-01, 66-01, and 67-01 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Wally Wernimont, Assistant Planner Adopted