Minutes Zoning Bd Adj 12 21 00MINUTES
ZONING BOARD OF ADJUSTMENT
December 21, 2000
4:00 P.M.
Board Room, Carnegie-Stout Public Library
PRESENT: Board Chair Mike Ruden; Board Members Jim Urell, Bill Gasper, and Fred
Beeler.
ABSENT: Vicky Bechen.
CERTIFICATE OF COMPLIANCE WITH IOWA’S OPEN MEETING LAW: Staff
presented an Affidavit of Compliance verifying the meeting was being held in
compliance with Iowa’s Open Meeting Law.
CALL TO ORDER: The meeting was called to order at 4:06 p.m.
DOCKET 94-00: Application of Geneva Block, 3121 Brunswick, for a special exception
to enclose a front porch10 feet from the front property line, 20 feet required, in an R-1
Single-Family Residential zoning district.
Geneva Block, 3121 Brunswick, described her porch project. Staff Member Kritz
discussed the street configuration, the lack of sidewalks and the setbacks of adjacent
structures in the neighborhood. Staff Member Kritz stated that the proposed porch
should have very limited impact on public safety and adjacent residential properties.
Board Members reviewed the map of adjacent residences.
Motion by Gasper, seconded by Urell, to approve the application as submitted. Motion
was approved by the following vote; Aye - Urell, Gasper, Ruden and Beeler; Nay -
None.
DOCKET 95-00: Application of Guy Gard, 356 Main Street, for a variance to permit two
canopy signs, one sign maximum allowed, in a C-4 Downtown Commercial zoning district.
Guy Gard, 1262 Valentine St., representing Corporate Express, said that the tenant in his
building has requested two canopy signs. Staff Member Kritz said that the canopy was
recently redone, and that one sign is permitted in this zoning district. He outlined the C-4
District sign regulations and discussed the building’s proximity to the public right-of-way.
Staff Member Kritz stated that a canopy without a sign face would be allowed at this
location. Board Member Urell asked about additional signage on the entry door.
Chairperson Ruden felt that one sign was adequate to advertise the business. He also
stated that the applicant has not demonstrated a hardship that would enable to Board to
approve a variance.
Minutes - Zoning Board of Adjustment Meeting
December 21, 2000
Page 2
Motion by Gasper, seconded by Urell, to approve the request. The motion failed by the
following vote: Aye - None; Nay - Urell, Gasper, Beeler and Ruden.
DOCKET 96-00: Application of Ken Moore/Moore Land Development 4999, 4995 & 4991
Twilight Drive & Lot 10.20.255.005 (corner of Radford Road and Red Violet Dr.), for a
special exception to erect a 7 foot high fence in the front yard (Radford Road), 4 foot
high maximum permitted, in an R-1 Single-Family Residential zoning district and an R-3
Multi-Family Residential District.
The applicant was not in attendance.
Motion by Gasper, seconded by Urell, to table the applicant’s request until the January
25, 2001 Zoning Board of Adjustment meeting. Motion was approved by the following
vote: Aye - Urell, Gasper, Ruden and Beeler; Nay - None.
DOCKET 97-00: Application of Thomas and Linda Buelow, 947 Edmore Lane, for a
special exception to convert a former residence into a 1,456 square foot detached
garage, where 1,006 square foot maximum is allowed, in an R-1 Single-Family Residential
zoning district
Tom Buelow reviewed his lot layout and the location of other houses in the
neighborhood. He said that he wanted to convert the foundation of a home recently
destroyed by fire into a 1,456 square foot garage. Staff Member Hemenway reviewed
the Zoning Ordinance requirements for detached garages and said there is vegetative
screening around the proposed garage site.
Motion by Gasper, seconded by Urell, to approve the special exception request with the
condition that the lot with the proposed garage and the lot with the primary residence
be consolidated prior to issuance of a building permit. Motion was approved by the
following vote: Aye - Urell, Gasper, Beeler and Ruden; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the November 14, 2000 and
November 29, 2000 meetings and Notices of Decision for Dockets 76-00, 77-00, 89-00,
90-00, 91-00, 92-00 and 93-00 were approved as submitted.
ITEMS FROM PUBLIC: The Board reviewed the request to reconsider Docket 90-00
for the conditional use permit for an adult day care center at 2785 Pennsylvania
Avenue. Chairperson Ruden said that the neighbors must demonstrate that new
information that was not discussed at the initial Board meeting be presented before
reconsideration is deemed appropriate.
Gary Dellaert discussed a letter he had provided for the Board, reiterating property
value and traffic concerns within the neighborhood.
Minutes - Zoning Board of Adjustment Meeting
December 21, 2000
Page 3
Board Members Gasper and Ruden said that the neighbors presented no new
information. Mr. Ruden stated that the day care would be required to meet all
applicable City and State Codes.
John White, 1777 Palm Court, stated that the radius for the driveway, indicated on the
original site diagram, does not accommodate vehicles. He said that the grade of the
yard is steep. Chairperson Ruden said that the traffic concerns were addressed at the
last meeting.
The Board discussed the likelihood of the applicants obtaining all the required permits.
Board Member Beeler stated that he has a day care center next to him, and that he is
not pleased with it. He said that he couldn’t, however, request to rehear the original
conditional use request. Staff Member Kritz stated that appropriate city and state
agencies enforce any violations of ordinances by the proposed day care. Board
Members Ruden and Gasper reiterated that they did not hear any new information that
would convince them to reconsider Docket 90-00.
ADJOURNMENT: The meeting adjourned at 5:00 p.m.
________________________________ _____________________________
Kyle L. Kritz, Associate Planner Adopted