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Minutes_Zoning Board of Adjustment 4 26 12T116CRY Of Dubuque DUB OUE ,Blfli Masterpiece on the Mississippi V> MINUTES CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT REGULAR SESSION 4:00 p.m. Thursday, April 26, 2012 City Council Chamber, Historic Federal Building Data Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer, Jeff Cremer and Bill Gibbs; Staff Members Wally Wernimont, Kyle Kritz and Guy Hemenway. Board Members Excused: Board Member Heath Hutchinson. 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 called to order at 4:05 p.m. MINUTES: The minutes of the March 22, 2012 meeting were approved, unanimously as submitted. SPECIAL EXCEPTIONS DOCKET 08 -12 (tabled from March 22, 2012): Application of Rudy & Shawn Vera for a special exception for property located at 560 Wilbur Street to build a deck and a porch roof 0 feet from the front property line, 20 feet required, in an R -2 Two - Family zoning district. Rudy Vera, 970 Olive Street, said he had removed an unsightly metal porch and wants to replace it with a new front porch and porch cover. He said that he does not want to pursue construction of a deck at this time. Board Member Klauer clarified with the applicant that the proposed front porch would be covered and would replace the existing uncovered porch. Staff Member Wernimont said that the proposed deck would be 12' wide by 20' deep. Mr. Vera noted that the side deck would not be built, but would be replaced with an at -grade patio that did not require Zoning Board of Adjustment approval for setbacks. No one spoke in opposition to the request. Staff Member Wernimont noted that the Historic Preservation Commission had reviewed and approved the front porch design. He stated that the porch will transcend Zoning Board of Adjustment April 26, 2012 the property line onto the public right -of -way and that the City Engineering Department will have to review the proposal and approve a revocable permit for the project. The Board Members discussed the request and felt that it is appropriate. Motion by Klauer, seconded by Gibbs, to approve the special exception request, with the condition that the approval is for the front porch only. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay - None DOCKET 12 -12: Application of Richard Young for a special exception for property located at 1745 Eden Lane to build a 24 foot by 37 foot attached garage 3 feet from the north side property line, 6 feet required, in an R -1 Single- Family Residential zoning district. Richard Young, 1745 Eden Lane, said that he currently has a 15' by 24' attached garage that he would like to enlarge. He said that he was approved at a prior Board meeting for a 24' by 32' attached garage, but that he would like to extend the front of the garage 5' closer to the street. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report noting that the former request was for a 32' deep garage and the new request is for a 37' deep garage, thus bringing it 5' closer to the street and requiring that a new special exception be reviewed and approved. He said that the garage addition would still meet the required 20' front yard setback, sit slightly below the grade of the adjacent residential property and will be no closer to the front,property line than the adjacent residence. The Board discussed the request and felt it is appropriate. Motion by Klauer, seconded by Gibbs, to approve the special exception request, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 13 -12: Application of Richard & Martha Corfman for a special exception for property located at 1185 N. Booth Street to build a deck 0 feet from the north side property line and a porch 0 feet from the south side property line, 6 feet required for both setbacks, in an R -1 Single - Family Residential zoning district. Martha Corfman, 1185 N. Booth Street, said that she would like to extend her porch and add a deck. She submitted a letter from adjacent property owners, both north and south, in favor of the project. She noted the location of the proposed improvements and the site layout. She said that the deck would not be extended all the way to the fence. Zoning Board of Adjustment April 26, 2012 No one spoke in opposition to the request. Staff Member Wernimont outlined the request discussing photographs of the site and noting that the property is framed by two retaining walls. He detailed the project describing the location of the proposed improvements and the site topography. He said that the 6' fence could be extended along the wall. The Board discussed the request and felt it was important that the property owner accurately locate their property lines. Motion by Klauer, seconded by Cremer, to approve the special exception with the condition that the property owner is required to demonstrate to the Building Services Department the location of the property line by either locating the property pins or obtaining a survey. Motion carried by the following vote: Aye-. Klauer, Cremer, Gibbs and Ruden; Nay - None. DOCKET 14 -12: Application of Bob Gansen / Valerie Genthe for a special exception for property located at 2675 Beverly Avenue to build an elevated walkway 1 foot from the northeast property line, 6 feet required, in an R -1 Single - Family Residential District. Valerie Genthe, 2675 Beverly Avenue, said she would like to build a 4' by 24' wooden walkway to access her deck that she said is located at the back of her house. Board members inquired about the site topography. No one spoke in opposition to the request. Staff Member Hemenway distributed a photo of the site noting that the deck would be of an open design with a railing. He said that the walkway would be at grade at the side of the house and, as the yard drops off toward the rear of the lot, be approximately 7' to 8' above grade when it reached the deck. He said that the other option for the property owner would be to build a set of steps, which he said are exempt from setbacks, to grade from the side of the house and then build another set to access the deck at the rear of the house. The Board discussed the request and felt it is appropriate. Motion by Klauer, seconded by Gibbs, to approve the special exception request, as submitted. Motion carried by the following vote: Aye - Klauer, Cremer, Gibbs and Ruden; Nay - None. Zoning Board of Adjustment April 26, 2012 DOCKET 15 -12: Application of Michael & Lyudmila Kirsch for a special exception for property located at 445 Moore Heights to build a storage shed 2 feet from the north side property line, 6 feet required, in an R -1 Single - Family Residential zoning district. Michael Kirsch, 445 Moore Heights, said that he would like to place a 12' by 12' utility shed 2 feet from his side property line. He said that he had Bill Burger, a licensed land surveyor, located his lot lines. No one spoke in opposition to the request. Staff Member Wernimont reiterated the request and distributed photos, noting that a surveyor had located the property pins and subject property line. He said that sheds less 120 square feet in area can be located 3' from the property line; however, since this shed is larger, it is required to meet the 6' side yard setbacks. He said that the shed, placed 2' from the side lot line, should have very limited impact on the adjacent property. The Board discussed the request and felt it is appropriate. Motion by Klauer, seconded by Gibbs, to approve the special exception request, as submitted. Motion approved by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 16 -12: Application of Randall Steger for a special exception for property located at 3512 Lunar Drive to build an attached garage 6 feet from the front property line (Eclipse Circle), 20 feet minimum required, in an R -1 Single - Family Residential zoning district. Randall Steger, 3512 Lunar Drive, said that he would like to build an attached garage on the east side of his residence on Lunar Drive. He said that he would not have to expand the front curb cut and would be able to access the rear of the garage from an existing curb cut off of Eclipse Circle. He said that Jane Smith, City Engineering Department, said that the garage should not inhibit site visibility at the intersection of Eclipse Circle and Lunar Drive. He said that the garage addition will have a hip roof. Board members asked about restrictive covenants that had been included with a letter of opposition from a neighbor. Staff Member Hemenway noted that the City and the Board were not bound by restrictive covenants but that they represent a private agreement between the homeowners and the homeowner's association. No one spoke in opposition to the request. Staff Member Hemenway outlined the request noting the rationale for front yard setbacks on corner lots. He said that Mr. Steger owns the adjacent lot, that the garage Zoning Board of Adjustment April 26, 2012 would not encroach on the visibility triangle, and that the existing curb cuts would not be expanded. He noted a letter of opposition that was submitted along with the restrictive covenants for the neighborhood stating that the letter was not addressed or signed. Board member discussed the request and felt that it meets the criteria for granting a special exception. Motion by Klauer, seconded by Gibbs, to approve the special exception request, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. NOTE: Board Member Gibbs said that, although he approved the special exception request based on the criteria established in the Unified Development Code, he did not sanction a property owner building contrary to the restrictive covenants. CONDITIONAL USE PERMITS: DOCKET 17 -12: Application of Clint & Lynae Duffy for a conditional use permit for property located at 654 Kane Street to allow a home -based firearms mail order business in an R -1 Single - Family Residential District. Clint Duffy, 654 Kane Street, said that he would like to open an internet -based firearms business out of his home. Board Member Gibbs asked what Mr. Duffy's intent is. Mr. Duffy said that his intent is to sell sporting goods and firearms from his website with occasional local pickups by appointment only. He said he would carry no inventory on site and that there would be little foot traffic to his property. He said that he will primarily sell firearms and sporting goods and may do some minor gunsmithing such as attaching scopes. He said that he has been issued a federal firearms license. Joyce McClain, 620 Kane Street, spoke in opposition to the request. She expressed concerns with safety and security in the neighborhood and with the potential for an increase in traffic. She said she is concerned with children's safety in the neighborhood. Carol Fitzgerald, 610 Kane Street, said that her son, Jeff, lives at 649 Kane Street. She said that the neighborhood experienced a number of break -ins recently and that people's valuables had been stolen. She expressed concerns with safety and security in the neighborhood. Irene Schuler, 640 Kane Street, said that she has lived in the neighborhood for 50 years and is opposed to the request for the reasons previously stated, especially for the Zoning Board of Adjustment April 26, 2012 safety and security of the neighborhood. She asked if Mr. Duffy currently is operating a sporting goods business out of his house. Mr. Duffy responded to the concerns raised by the neighbors noting that his personal firearms are locked up and he is in the process of installing a security system. He said that he has young children in the house and that he is also concerned with their safety. He said that there may be local sales pickups about once or twice a month and that most of the business transactions would be processed online. He said that he currently has a sporting goods sales business where he serves as a middle man. Board members asked how the sale of firearms process would transpire. He said that a client would contact him on his website or by phone and that he would prepare paperwork and request a background check. He said that any guns on site would be kept in a secure safe. Board members asked staff if they had experienced problems with the firearms sales businesses approved as a conditional use in the past. Staff Member Hemenway said that he had not received any complaints regarding the existing home -based firearms businesses. He noted that ATF has contacted him in the past in an effort to ensure that a home -based firearms business is permitted in the City and in the zoning district and location noted. Mr. Duffy said that his Federal firearms license requires him to submit documentation to the ATF and the FBI for approval. He said that the Chief of Police for the City of Dubuque has also been notified of his business. Board members asked if a large portion of Mr. Duffy's business would be local sales. Mr. Duffy said that he did not have a lot of local sales but conducted most transactions over the internet. Staff Member Hemenway noted that internet sales is a permitted home -based business. He said, however, Mr. Duffy indicated that there would be some client contact at his home, therefore, a conditional use permit was required. He discussed traffic, parking and activity likely to be generated by the proposed home -based business. He noted that he had received a phone call from Kay Smith, 563 Springgreen Court, stating her opposition to the request due to neighborhood safety and security concerns. He also noted that two e-mails had been received from neighbors in opposition to the request and that they had been included in the agenda packet for the Board's review. The Board discussed the request and read the criteria regarding the establishment of a conditional use. Board members felt that the request met said criteria. Zoning Board of Adjustment April 26, 2012 Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 18 -12: Application of Abc Learning ECC, LLC / Kevin & Melissa Donovan for a conditional use permit for property located at 15 Nightengale Lane to open a licensed child care center, with 50 children and 15 employees, in a CS Commercial Service & Wholesale zoning district. Melissa and Kevin Donovan, Lunar Drive, stated that they have been before the Board twice before for approval for a licensed childcare facility. They said most recently at 3100 Cedar Crest Ridge. Staff Member Hemenway distributed photos and an aerial photograph of the site. Mrs. Donovan said that they would like to open a daycare center with 50 children and 15 employees in the former commercial building at 15 Nightengale Lane. Louis Huseman, 3135 Nightengale Lane, spoke in opposition to the request noting concerns with traffic safety. He said that his children have to walk from his residence to the bus stop at the intersection of Cedar Cross Road and Nightengale Lane along a roadway with no sidewalks. He said that there is no traffic signal at Cedar Cross Road and that at peak periods traffic stacks along Nightengale Lane. He said that the daycare's hours will have some overlap with peak periods of traffic along Cedar Cross Road and from the Dubuque Sports Complex. He said that Nightengale Lane is narrow, especially when snow is piled along the side of the roadway. He noted concerns with parking saying that employees from the facility would possibly park along Nightengale Lane, especially if they hold a special event. He expressed concerns with the safety of the children if ammonia were to leak from the adjacent ice plant. He said he is concerned with the amount of children that could occupy the building at any one time. John Ronek, 2160 Nightengale Lane, agreed with Mr. Huseman, stressing concerns with traffic safety and congestion at the intersection of Cedar Cross Road and Nightengale Lane. Mr. Huseman spoke again noting concerns with the noise that may be generated by children at the daycare and asked that the facility be buffered from the adjacent residential properties. Scott Frost, representing American Trust and Savings Bank, spoke in favor of the request. He said that the previous business failed because of low traffic volumes in this area. He said that other more intense businesses could utilize this facility. Zoning Board of Adjustment April 26, 2012 Carol Maas, 3095 Nightengale Lane, said that her home is directly adjacent to the proposed childcare facility. She spoke in favor of the request saying that she feels the facility will be beneficial to the neighborhood and that the traffic problem is created by the sports complex, and would not be increased by the daycare facility. David Craig said he owns the ice plant at 19 Nightengale Lane. He discussed the neighborhood development history, including the proposed traffic access to the site. He discussed the truck traffic from his business and the number of vehicle trips per day. He said that he has been at this location since 1978 and that he was not aware of any accidents at the intersection of Nightengale Lane and Cedar Cross Road. He said that most of the deliveries to his site are from short trucks; however, three semis per week come to his facility. He said that parking for the facility can be located on both sides of the building. Pauline Huseman, 3135 Nightengale Lane, spoke in opposition expressing concerns with traffic safety and the ability for parents to have a safe drop off /pick up area for the children. She also expressed concerns with the safety of children walking along Nightengale Lane to the bus stop. Kevin & Melissa Donovan responded to the neighbors' concerns saying that existing traffic and the lack of a stoplight along Cedar Cross Road was not something their business would affect. Melissa Donovan said that their peak periods of traffic would be from 7 -8:30 a.m. and from 3:30 — 4:30 p.m. which, she said, would not overlap with the sports complex's traffic. She said that she has spoken with the Dubuque Police Department about placing a speed monitor trailer along Cedar Cross Road and to increase patrols in the area to encourage people to observe the posted speed limits. She said that the children's play area would be fenced and that there would be no more than 50 children in the center at any one time. She said that traffic safety is her primary concern. She said that they have had to devise an evacuation plan for the facility that has to be approved by the State Fire Marshal's Office. She said that they have met with representatives of the ice plant regarding their operation and that they have cleaned up and improved the facility. Chairperson Ruden asked about the site diagram, specifically the drop off / pick up and parking areas. Board members and the Donovans discussed parking and potential traffic circulation through their lot. The Donovans noted that, generally, there should be no more than 6 or 7 cars at the facility at any one time and that traffic would circulate one -way through the lot. Staff Member Hemenway presented the staff report noting the size of the building and number of children and employees proposed. He said that if the building is currently being remodeled, the applicants are doing so at their own risk as no conditional use permit for the licensed childcare facility has been approved. He said that the Donovans had also not submitted a site plan which would detail the parking lot layout, traffic Zoning Board of Adjustment April 26, 2012 circulation and required screening. He said that when submitted, City staff will review the site plan to verify that the stall depth, aisle width and landscaping is compliant. He noted that this is a mixed -use area and that current zoning allows a number of commercial service uses whose intensity may exceed the amount of traffic, noise and demand on parking than that generated by the proposed licensed childcare facility. He said that improvements to Cedar Cross Road have been programmed into the City's Five -Year Capital Improvement Program; however, there was no indication that a stoplight would be placed at the intersection of Nightengale Lane and Cedar Cross Road. Staff noted that sidewalks are not required along Nightengale Lane because the street is substandard as it has no curb or gutter. Board members asked about the requirements necessary to demonstrate the need for a stoplight. Staff Member Hemenway said that Engineering undertakes a traffic study which includes counting vehicle trips and compiling accident data before they recommend a stoplight. He noted that the Donovans had submitted a conditional use permit request for their existing facility at the corner of Cedar Crest Ridge and Cedar Cross Court and that he had not received any complaints regarding the facility since its opening. He reiterated that a site plan would have to be submitted and approved prior to the Certificate of Occupancy being issued for the licensed childcare facility. The Board reviewed the requirements for granting a conditional use permit. Board Member Klauer felt that the Board should require that a site plan be submitted, but Chairperson Ruden said that that would be something the City would require regardless of the Board's decision. Chairperson Ruden wanted to note that he was not involved in the preparation of the building or site plans for the facility. Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 19 -12: Application of City of Dubuque / Parking Division for a conditional use permit for property located at 1753 Washington Street to convert a vacant lot to a 5 -space off - premise parking lot to serve adjacent townhouses in an R2A Alternate Two - Family Residential zoning district. Representatives of the City Housing Department and City Parking Division were not present. Staff Member Wernimont noted that the City's Housing Department had demolished an existing dilapidated residence in an effort to provide a lot for off - street parking for adjacent rehabbed townhouses. He said that the parking lot will be paved and Zoning Board of Adjustment April 26, 2012 landscaped and will provide spaces for residents of the adjacent units, which he said will free additional on- street parking in the neighborhood. He said that he had received no neighborhood opposition and that a site plan for the parking lot would be required. No one spoke in opposition to the request. The Board members discussed the request and felt that it would be positive for the neighborhood. Motion by Klauer, seconded by Gibbs, to approve the conditional use permit for the parking lot, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. VARIANCES: DOCKET 23 -12: Application of Mike Finnin / Keith Wolff, Dubuque Sign for a variance for property located at 3600 Dodge Street to allow 7 wall- mounted signs on the building facade, 2 signs maximum permitted, in a C -3 General Commercial zoning district. Keith Wolff, Dubuque Sign, said that he was speaking on behalf of Mike Finnin. He detailed the request noting that Finnin would like to keep their existing painted body shop sign on the east wall of the building. Staff Member Wernimont noted that the former variance included a stipulation that the subject painted sign be removed. He noted that the aggregate square footage of all of the wall- mounted signs is less than would be permitted under the current C -3 District regulations. The Board discussed the request and felt it meets the criteria for granting a variance. Motion by Klauer, seconded by Gibbs, to approve the variance request, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 24 -12: Application of Thomas Parsley / Lange Sign Group for a variance for property located at 1055 University Avenue to place 2 signs per business on the building, one sign per business permitted maximum, in an OS Office Services zoning district. Mike Lange, Lange Sign Group, said that he was speaking on behalf of Thomas Parsley of Radio Dubuque. He said that the sign would be located on the north side of the building and would provide direction on the back side of the building to people entering from the Nativity property. He said that, currently, signs are located on the Zoning Board of Adjustment April 26, 2012 University Avenue side of the building and that they are compliant with current code. He said that there will be no signage on the Alta Vista Street side. He said that the proposed signs are half of the size of the existing signs on the University side of the building. Staff Member Hemenway presented the staff report noting the sign regulations and the size of the existing signs. He said that the request is to place signs on the church side of the building to advertise the building's access and main entrance. He said that a sign at this location cannot be placed off- premise at the beginning of the access drive because of zoning restrictions on residential and off- premise signage. He said that the business signs will be approximately 3 square feet each. The Board discussed the request and felt it is appropriate. Motion by Klauer, seconded by Cremer, to approve the variance, as submitted. Motion approved by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. DOCKET 25 -12: Application of Dubuque Sign Co. / The Finley Hospital for a variance for property located at 350 N. Grandview Avenue to display two, 240 square feet each temporary signs for one year, 32 square feet and 30 days maximum permitted, in an ID Institutional zoning district Keith Wolff, Dubuque Sign, said that he was speaking on behalf of The Finley Hospital. He noted the proposed banner signs size and locations. Staff Member Hemenway presented the staff report noting the banner size and location of the banners on the building. He said that the banners would be placed on a large - scale building wall, would be set far back from the public right -of -way, would not be illuminated and would be located in a mixed -use mostly commercial area. He noted the previous approval for banners on Finley Hospital and said that he had not received any complaints regarding those banners. The Board discussed the request and felt that it is appropriate. Motion by Klauer, seconded by Gibbs, to approve the variance, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay - None DOCKET 26 -12: Application of Keith Wolff, Dubuque Sign / Premier Bank for a variance for property located at 2625 Northwest Arterial to permit an 80 square foot 15 foot high freestanding monument style sign, 10 square feet and 10 feet in height maximum permitted, in the Asbury Plaza PC Planned Commercial zoning district. Zoning Board of Adjustment April 26, 2012 Keith Wolff, Dubuque Sign, detailed his request stating that Premier Bank would like to remove the existing cabinet sign and replace it with a new cabinet and an electronic message sign. Staff Member Wernimont outlined the staff report noting the square footage and the height permitted for signs on outlots in the Asbury Plaza PUD. He said that a text amendment had been approved that permitted the initial monument -style sign on an outlot with three frontages. He said that the height and square footage of the proposed sign exceeded what was permitted, therefore, a variance is needed. He said there are currently no wall- mounted signs on the Premier Bank building and that the property has three frontages. He noted that the subject property is located in a commercial area. Board members discussed the request and felt it is appropriate. Motion by Klauer, second by Gibbs, to approve the variance request, as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay — None. ITEMS FROM BOARD: Board Member Gibbs noted that he will again be out of town for the January, February and March 2013 Board meetings. He asked for guidance regarding reapplication to the Board, as his term is about to expire. Chairperson Ruden noted that it is difficult for the Board to conduct meetings with missing members. After discussion with the Board and its encouragement, Mr. Gibbs decided to reapply. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted f: usersU cmunsonW plboards- commissionskzba\minutestzba minutes 2012apr 26 2012.doc