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Minutes Zoning Bd A 01 11 29 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, November 29, 2001 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D? AFT PRESENT: Chairperson Mike Ruden; Board Members Fred Beeler, Jim Ureli, Bill Gasper and Randy Klauer; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. ABSENT: None. 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 4:00 p.m. DOCKET 91-01: Application of Leo & Rosemary Mallie for a special exception at 1400 S. Grandview to build a 6 foot by 8 foot deck 2 feet from the east side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Leo Maltie outlined his request noting that the proposed deck will be 4 feet from the side property line instead of 2 feet. Staff Member Wernimont stated that the lot line angles and will increase the set back from 2 feet to 4 feet. He also noted that the nearest structure on the adjacent property is over 60 feet away. NOTE: Jim Urell entered at 4:04 p.m. Motion by Gasper, seconded by Klauer, to. approve the special exception as submitted. Motion was approved by the following vote: Aye- Klauer, Gasper, Beeler and Ruden; Nay - None; Abstain - Urell. DOCKET 92-01: Application of Richard & Susan Jones for a special exception for property located at 1270 Dunleith Court to build an addition one foot from the west side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Ric Jones presented his application. He said he would remove an existing attached garage and replace it with a two,story addition. Mr. Jones also stated that he is aware he will be required to have the property lines surveyed. Peter Kalb, 934 Indiana Ridge, stated that he has no objections to the proposed addition. Mike VanderMiller, 1265 S. Grandview Avenue, voiced his concems regarding the location of the proposed addition. Minutes - Zoning Board of Adjustment November 29, 2001 Page 2 Staff Member Hemenway presented the staff report. He noted that one of the levels would be located below grade, and that a limited setback waiver has been filed in the Planning Services Department for the front yard setback. Staff recommended the west side lot line be surveyed. Motion by Gasper, seconded by Urell, to approve the special exception with the condition that the west side lot line be surveyed. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 93-01: Application of Randy & Ann Nesteby for a special exception for property located at 1307 Rhomberg Avenue to build a front porch 3 feet from the front property line, 10 feet required, in a R-2A Alternate Two-Family Residential zoning district. Randy Nesteby outlined his request. He said he would like to build a porch that would be the same width as the house and the same size as an original porch that was removed from the structure. Board Member Klauer asked if the porch would have an open design. Mr. Nesteby stated that the porch would have an open design. Staff Member Wernimont said the new porch is slightly larger than the old one, and therefore requires Zoning Board of Adjustment approval. He said this is the only home on the block without a front porch. He said most of the porches on the block are approximately 3 feet from the front property line. Motion by Gasper, seconded by Klauer, to approve the special exception as submitted. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 94-01: Application of Donald & Pamela Tuecke for a special exception for property located at the end of South Hill Street to build a si ngle-family home 8 feet from the front property line and 6 feet from the rear property line. 20 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. Donald Tuecke outlined his request, stating that he wants to place a modular home on the vacant lot. Carl and Darcy Robey, 75 S. Hill Street, expressed concerns about traffic, snow removal and parking. Staff Member Wernimont outlined the staff report, stating that the proposed single-family home meets the off-street parking requirement and that the structure will be set back approximately 28 feet from the edge of the pavement. Motion by Gasper, seconded by Klauer, to approve the special exception as submitted. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. Minutes - Zoning Board of Adjustment November 29, 2001 Page 3 DOCKET 95-01: Application of Paula Behr, Amedcan Realty/Patzer Investments, LLC, for a conditional use permit for property located at 3030 Brunskill Road to allow 2 horses on the property, contingent on rezoning the property from PUD Planned Unit Development District, to R-1 Single-Family Residential zoning district. Paula Behr, American Realty, presented the application. She explained that the property has been replatted and rezoned numerous times. She said that the property must be rezoned from PUD Planned Unit Development t° R-1 Single-Family Residential to allow for homes. She stated that the rezoning request will be heard by the Zoning Advisory Commission on December 5th. She stated that there is a barn on the property, which will be used to shelter the homes. Staff presented the Board with aedal photos of the site. The Board discussed the location of the property. Staff Member Hemenway presented the staff report and explained that the conditional use permit process for horses. He noted that the conditional use is for the 12- acre parcel, and if the property were to be subdivided, the conditional use permit would no longer be valid. He recommended that if the conditional use permit were to be approved, that it be contingent upon rezoning the property from PUD to R-1. The Board reviewed the cdteda for granting a conditional use permit. Motion by Gasper, seconded by Urell, to approve the application, contingent on the property being rezoned from PUD to R-1. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 96-01: Application of William Pfab for a special exception for property located at 235 N. Grandview to build a 24 foot by 24 foot detached garage, 0 feet from the front property line (Hale Street), 20 feet required, in an R-1 Single-Family Residential zoning district. William Pfab outlined his request. He said he would like to build a new garage to compliment the style of his house. He said that the garage doors would face Grandview Avenue. He stated that when he parks in his driveway, his car blocks the sidewalk. He explained that the garage would be located 10 feet from the curb. He also said he will have the property line along Hale Street surveyed. He stated that the building wall will be located 30 inches from the property line; however, the overhang will be at the property line. Staff distributed photos of the site. Staff Member Wernimont presented the staff report, discussing the reorientation of the garage and the setbacks. Staff recommended that, if approved, the lot line along Hale Street be surveyed. Motion by Urell, seconded by Gasper, to approve the special exception with the condition that the lot line along Hale Street be surveyed. Motion was approved by the following vote: Aye- Klauer. Uretl, Gasper, Beeler and Ruden; Nay - None. Minutes - Zoning Board of Adjustment November 29, 2001 Page 4 DOCKET 97-01: Application of Horizon Group for a sign variance for property located at Southwest Corner of the Northwest Arterial and Pennsylvania Avenue to install a 64 square foot real estate sign, 32 square foot maximum permitted, in a PC Planned Commercial zoning district. Linda Berntgen, representative from Horizon Group, presented the application. She explained that the 64 square foot sign will be visible from the Northwest Arterial and Pennsylvania Avenue, and that the sign will remain there until all the lots are sold. She said that a 32 square foot would not be very visible from their location. Staff Member Hemenway presented the staff report. He discussed the size of the sign and explained that it will be located 200+ feet from the Northwest Arterial and 60 feet from Pennsylvania Avenue. He explained that the applicant could place a 32 square foot sign on each lot. He recommended that, if approved, the Board limit the entire site to one real estate sign, and the lot line be verified so the sign does not encroach into the public right- of-way. Motion by Gasper, seconded by Urell. to approve the sign variance with the condition that no more than one real estate sign be permitted on the entire site, and that the lot line be verified prior to installation of the sign. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. DOCKET 100-01: Application of Howard Hastings/Carol Martin for a sign vadance for property located at 501 Rhomberg Avenue to install a 60" projecting sign, 18' maximum projection permitted, in a C-2 Neighborhood Shopping Center District. Howard Hastings presented his application to the Board. He described the dimensions of the previous sign. He said he needs a projecting sign to advertise his business. Carol Martin owner of the property at 501 Rhomberg Avenue, spoke in favor of the request. Staff Member Hemenway presented the staff report, noting that the previous sign on the structure was a legally non-conforming sign He explained that when the projecting sign was removed it lost grandfather status. He explained that the property is allowed two 100- square foot wall-mounted signs. Staff recommended that, if approved, the sign be limited to 15 square feet. and be the only sign allowed on the building. Motion by Gasper, seconded by Klauer, to approve the sign variance, with the condition that the sign be limited to 15 square feet and no additional signage be permitted on the building. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and Ruden; Nay - None; Abstain - Beeler. Minutes - Zoning Board of Adjustment November 29, 2001 Page 5 MINUTES & NOTICES OF DECISION: Motion by Gasper, seconded by Urell, to approve the minutes of the October 25, 2001 meeting and the notices of decision for Dockets 81- 01, 82-01, 83-01, 84-01 85-01, 86-01, 87-01, 86-01, 89-01 and 90-01 Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Beeler and Ruden; Nay - None. ITEMS FROM STAFF: Staff Member Kritz explained that the next Zoning Board of Adjustment meeting will be located in the ICN Room at the Library on December 20, 2001 ITEMS FROM PUBLIC: Larry Miller, 3105 Kane Ct, discussed the possibility of building a house 200+ feet from the Kane Street frontage. He explained that he '~s going to be pouring the footings for the structure prior to receiving Zoning Board of Adjustment approval. He stated that he is doing this at his own risk. He said that he will be on the Zoning Board of Adjustment agenda for the December 20, 2001 meeting. ADJOURNMENT: The meeting adjourned at 5:20 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted