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Minutes Zoning Bd Adj 10 25 01 MEETING MINUTES ZONING BOARD OF ADJUSTMENT Thursday, October 25, 2001 4:00 p.m. Auditorium, Carnegie Stout Library 360 West 11m Street, Dubuque. Iowa D FT' PRESENT: ABSENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urel[, Bill Gasper, Fred Beeler; Staff Members Guy Hemenway, Kyle Kritz and Wally Wemimont. None. CALL TO ORDER: The meeting was called to order at 4:00 p.m. CERTIFICATION OF COMPLIANCE WITH IOWA'S OPEN MEETING LAW: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. DOCKET 814)1: Application of T. J. Freytag Jr.,462 Burch Street, for a special exception to build a 16 foot by 20 foot detached garage, 0 feet from the south side property line (alley) and 0 feet from the rear property line (6 feet required for both setbacks) in an R-2 Two-Family Residential Zoning Distdct T.J. Freytag said he spoke with his neighbor regarding repositioning his proposed garage and has agreed to move the garage back approximately one foot. Board Members reviewed photos of the garage and a GIS ma p of the neighbor's lot and garage location. The Board discussed moving the proposed garage two feet from the side property line as requested by the neighbor. Staff Member Wemimont outlined the staff report, and discussed a letter, which was submitted by Mr. Dennis Willet, the adjacent property owner. Staff Member Wemimont recommended that, because the garage will be very close to the alley, the Board require a site survey. The Board discussed the request of Mr. Willet regarding a two-foot setback from the east property line. Board Members also discussed alignment of the proposed garage with the existing garage on Mr. Willet's property so as not to limit visibility to the alley. Motion by Klauer, seconded by Gasper, to approve the request with the following conditions: 1) That the garage be setback two feet from the east side property line; 2) That the garage be aligned with the front of the neighbor's garage at 760 W. 5t~ Street, or with the south side property line (alley), whichever is further back, and; 3) That a site survey for the south and east property lines be obtained. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. Minutes - Zoning Board of Adjustment October 25, 2001 Page 2 DOCKET 82-01: Application of Ronnie and Bonnie Hume. 55 S. Aigona, for a special exception to allow a 6-foot fence, built 4 feet from the property line, 4 foot maximum height allowed, in an R-1 Single-Family Residential Zoning District. Ronnie Hume, 55 S. Aigona Street, said that he would like to be allowed to keep a 6-foot high fence he has built in his front yard. He said that the fence is not a hazard to his neighbors or pedestrians and that he has spoken with some of the neighbors and they do not object. He said the fence will enable him to confine his children's toys and activities to the front yard, and not cross onto the adjacent properties. The Board discussed photos of the fence and the required setbacks for fences in general. Bob Selle. 59 S. AIgona, said that the fence is a hazard when he backs out from his driveway. Mrs. Strub, 62 S. Aigona, said she looks at the fence from across the street and does not like it. She said the fence is a disgrace. Wayne Reicher, 65 S. Algona, said the fence is unsightly. He said the fence blocks the view to the street. Mr. Hume said that the fence does not block anyone's view, and reiterated that he wanted to secure an area for his children to play. Staff Member Wernimont outlined residential fence regulations. He said that the fence partially blocks the neighbor's view to the street. The Board discussed safety and visibility issues regarding the fence. Chairperson Ruden said that he didn't feel there was a visibility problem backing from the driveway at 59 S. Algona. Board Member Klauer said that he felt that the Board's charge is to protect the neighbor's view to the street and the aesthetics in the neighborhood. He said that he felt a 4-foot fence would serve to keep the children's' toys and activities in the yard. Mr. Hume said.that he has a curb cut on Algona Street and plans to put a paved parking slab in his front yard. Chairperson Ruden said that backing from a paved slab in the front yard to the street would pose a safety risk. Motion by Klauer, seconded by Urell, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper, Beeler and Ruden. DOCKET 83-01: Application of Caroie Hoffman Freund, 2996 Pennsyivania Avenue, to build a 12 foot by 20 foot detached garage, 3 feet from the front property line (Van Buren Street), 20 feet required, in a R-1 Single-Family Residential zoning district. Carole Hoffman Freund said she lives on an island. She stated She wanted to store her camper on the lot but is not able do so because she has three frontages, and technically no back yard. She said it is necessary for her to build a storage building to store the camper legally. 'She said the small garage will also serve as a storage building for additional items such as lawn equipment. She stated she has a curb cut on Pennsylvania Avenue, and her ddveway runs all the way through to Van Buren Street. She said the storage building will be placed along the driveway 3 feet from the front property line on Van Buren Street. Minutes - Zoning Board of Adjustment October 25, 2001 Page 3 Board members discussed the lot configuration and multiple frontages. The Board discussed ddveway access to the lot. Board Member Klauer expressed concerns that the garage may limit vehicular visibility along Van Buren Street at the intersections. The Board discussed the distance from the adjacent intersections to the garage location, Staff Member Wemimont outlined the staff report, stating that the yard is unusual with three frontages. He said that the garage would be located over 100 feet from the nearest intersection. Staff Member Wemimont recommended that if approved, the driveway from the Van Buren Street curb cut to the garage on the primary structure be paved. Motion by Gasper, seconded by Urell, to approve the special exception, with the condition that the driveway from Van Buren Street to the garage on the pdmary structure be paved. Motion approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 84-01: Application of Roland Clinton, 611 South Grandview Avenue, for a special exception to replat a lot placing the property line 1 foot 5 inches from the side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Roland Clinton presented his application to the Board. He said that he received a special exception to build a garage 3 feet from the property line last year. He described his building project and the installation of a retaining wall He said that after he began his building project he realized that there was a problem with the property line location because of an errant survey. He said that he and his neighbor decided to resurvey their property to determine the exact lot line location. He said that WHKS undertook the survey from five separate locations and replatted the property lines. He stated that Staff Member Kritz said that he was required to obtain approval from the Board to place the new lot line 1 foot 5 inches from his residence. Staff Member Kritz stated that the replat actually reduced the non-conformity on the property and placed Mr. Clinton's house solely on his lot. Pat Weber, 177 Rider Street, referred to the previous speciai exception that Mr. Clinton received. He .stated that Mr. Clinton had dumPed gravel in the alley and had thrown fill and debris on adjacent properties. Dick Weber stated that he was Pat Weber's father. He reiterated much of what his son had stated regarding the dumping of gravel and fill in the alley and on adjacent properties. Chairperson Ruden stated that the Board's charge was to review Mr. Clinton's request for the replat placing the lot line 1 foot 5 inches from his property. Staff Member Kritz stated that some errant surveys were performed in the past, and that Mr. Clinton was merely trying to straighten out a confusing and inaccurate lot configuration. The Board Members felt that Mr. Clinton's request reduced the existing non-conformity. Motion by Urell, seconded by Klauer, to approve the special exception. Motion approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 85-01: Application of Jamie Ender/Robert Ender, 3091 Jackson Street, to build a 24 foot by 30 foot detached garage, 3 feet from the front preperty !ine (White Street); 3 feet from the west side property line; and 3 feet from the south side property line, 20 feet and 4 feet required respectively, in an R-3 Multi-Family Residential zoning district. Minutes - Zoning Board of Adjustment October 25, 2001 Page 4 Robert and Jamie Ender spoke in favor of their request. They said that the location of a sewer line easement limits where they can locate the garage. They said that the garage would be placed on the lot at 3091 Jacksbn but accessed from the lot at 3089 Jackson Street. They stated that there are six garages and nine houses that front White Street at this location. Franklin Miller, 3103 Jackson, said that he was denied permission to place his garage closer to the property line than 20 feet. He said that he was concerned with visibility to the street from a potential garage he may build in the future. Staff Member Wernimont said that the lot is a through lot and that there are many garages that are built very close to the front property line along White Street. He stated that White Street ,serves as an alley for some of the houses in this area. Board Members Urell and Ruden felt that the garage was not out of character with the existing garages and homes in the neighborhood. Board Members felt there was not a safetY concern and that the garage did not block the view to the street from adjacent residences. ' Motion by Gasper, seconded by Urell, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 86-01: Application of Robert Boge, 2004 Broadlawn, for a special exception to add a deck/carport 10 feet from the front property line (Hillcrest Road), 20 feet required, in an R-2 Two-Family Residential zoning district. The applicant was not in attendance. The Board reviewed the request, noting the location of the proposed deck and carport. The Board reviewed the photographs of the property and the proposed addition. The Board did not feel the proposal would adversely impact adjacent property. Staff Wernimont outlined the staff report, stating what the required setbacks are for a comer lot. He said he had received no input from adjacent property owners. Motion by Urell, seconded by Beeler, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 87-01: Application of Scott Neuwoehner/Cooper Development Co, 299 Main Street, for a variance to open a 328 seat restaurant/bar with 35 employees on the maximum shift and 10,500 square feet of office space, for a deficit of 66 off-street parking spaces, in a C-4 Downtown Commercial zoning district. Scott Neuwoehner introduced himself to the Board, and stated that he was willing to answer any questions they may have regarding his application or the staff report. Staff Member Hemenway noted that the CopPer Wagon Works building was formerly a restaurant, bar and apartments. He described how he determined the parking requirements for the former use and Mr. Neuwoehner's proposed use, He referred to a parking study undertaken in 2000 stating that the new 400-space parking ramp should satisfy parking Minutes - Zoning Board of Adjustment October 25, 2001 Page 5 demand for a fully developed Old Main District. The Board reviewed the cdteda for granting a variance and Chairperson Ruden stated that he felt the applicant met all criteria. Motion by Urell, seconded by Gasper, to approve the variance as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden: Nay - None. DOCKET 88-01: Application of Scott Neuwoehner/Cooper Development Co., 299 Main Street, for a variance to install 3 projecting signs, 2 projecting signs maximum permitted in a C-4 Downtown Commercial zoning district. Staff Member Hemenway presented his staff report, stating that the total wall-mounted signage that would be permitted on the building is 100 square feet. He saic that the applicant is asking for three signs instead of the two signs allotted, but will be limited to a total of 46 square feet. He stated that signs have received HPC approval. He stated that because of the scale of the building and because of its comer location, it suffered singular disadvantage using two signs to advertise alt businesses within. He recommended that, if approved, the Board limit the total square footage of the signage to 46 square feet. Chairperson Ruden stated that he felt that because of the building's size and comer lot location, it suffered a hardship. Motion by Klauer, seconded by Urell, to approve the application, with the condition that the total area of the three signs be limited to 46 square feet. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 89-01: Application of Ludovissy & Associates/David & Ann Ludovissy, 787 W. Locust for a variance to install two 32-square foot wall-mounted signs, for a total of 3 wall-mounted signs and 80 square feet, where one 16 square foot sign is permitted, in an OR Office Residential zoning district. Dave Ludovissy presented his application stating that the existing sign does not have good visibility from the street and that it is partially blocked by houses, a day care center and adjacent shrubbery. He stated that he would like a lighted sign for both the Allied and Progressive Insurance Companies. He said he would like to place the signs higher on the building so as to improve visibility. He said that he had not spoken to all the neighbors regarding his request. Staff Member Hemenway presented his staff report indicating where the wall-mounted signs would be located~ He discussed the preamble of the Office Residential District. He said that Office Residential zoning is commonly a transitional zone and development within should be sensitive to the surrounding residential properties. He stated that Mr. Ludovissy could remove the canopy signage and place one 16 square foot sign higher on the building to improve visibility to his business. Motion by Gasper, seconded by Urell, to approve the special exception as submitted. Motio~ was denied by the following vote: Nay - Urell, Gasper, Beeler and Ruden; Aye - None; Abstain - Klauer. Minutes - Zoning Board of Adjustment October 25, 2001 Page 6 DOCKET 90-~1: Application of Gene Lund, 1408 1/2 Delhi Street, for a special exception to add on to an existing garage, 1 foot from the side property line, 6 feet required, in an R-2 Two- Family Residential zoning district. The applicant was not in attendance. Staff Member Kr~ outlined the staff report, discussing the request for the new garage. He stated that Mr. Lund had no neighbors on the side of his house where'the encroachment would occur but abuts the new Finley Hospital parking lot. He said that Finley Hospital, as part of their parking lot development,.recently established the lot line location. He stated that Mr. Lund may remove the entire garage and rebuild on a larger footprint The Board felt that the proposed garage had little impact on adjacent properties or public safety. Motion by Gasper, seconded by Klauer. to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the September 27, 2001 meeting and Notices of Decision for Dockets 78-0~, 79-01 and 80-01 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Respectfully submitted, Guy Hemenway, Assistant Planner Adopted ¥1 'an nqnra