Minutes_Zoning Advisory Commission 8 5 15 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday August 5, 2015
City Council Chamber, Historic Federal Building
Commission Members Present: Chairperson Patrick Norton; Commissioners Steve
Baumhover, Kristin Dietzel, Martha Christ, Tom Henschel, Michael Belmont, and Laura
Roussell; Staff Members Guy Hemenway and Kyle Kritz.
Commission Members Excused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Norton at 6:00 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.
MINUTES: The minutes of the July 1, 2015 Zoning Advisory Commission meeting were
approved unanimously as submitted.
ACTION ITEMSIFINAL PLAT: Application of Gary and Kathy Schlosser, 1589 Cornell
Street, for the Final Plat of Schlosser Place.
Chairperson Norton stepped away from the table due to a potential conflict of interest.
Vice Chairperson Henschel conducted the meeting.
Gary Schlosser, 1589 Cornell Street, noted that he had purchased a house and thought
that the adjoining lot was included in the purchase. He said that when he decided to
place a porch on the back of his house he discovered that he did not own the adjacent
lot. He said that he purchased the property in good faith and that the Realtor was not
aware of the lot line location. He said his intent is to split the lot to enable him to build
an addition to his house.
Staff Member Kritz reiterated the request noting the configuration and ownership of the
subject property and adjacent lots and buildings. He said that the split will shift the lot
line so as to permit the applicant to build an addition solely on his property. He said
that the split will create a more logical lot configuration that better reflects proper
ownership. He noted that Lot 3 will not have the required frontage and that Lots 1 and
3 will not have the required lot area. He recommended approval of the plat.
Commissioners discussed the request and felt that it was appropriate.
Zoning Advisory Commission Minutes Page 2
August 5, 2015
Motion by Baumhover, seconded by Christ, to approve the Final Plat of Schlosser Place,
subject to waiving the lot frontage requirement for Lot 1 and the lot area requirement for
Lots 1 and 3. Motion carried by the following vote: Aye —Baumhover, Christ, Dietzel,
Henschel, Belmont, and Roussell; Nay — None; Abstain — Norton.
PUBLIC HEARINGS\REZONING: Application of JLD Investments, LLC, 900 Seippel
Road, to modify the zoning condition applied to the property regarding fencing.
Joe Delaney, 900 Seippel Road, said that his request is to eliminate the condition that
required his storage facility to be fenced and gated. He said that his business has been
scaled back from nine storage buildings to three buildings. He said that he uses
cameras to provide site security.
Staff member Hemenway detailed the property zoning history noting the conditions
placed on the property at the original rezoning. He said that the north half of the
property had been rezoned to AG Agricultural district and that the nearest residence is
over 500 feet from the subject property. He said that during the original rezoning the
adjacent residential property owners were concerned with the security of the facility and
the affect it may have on their property. He stated the original conditions placed on the
property noting that all have been, or will be, met when the third building is completed.
Chairperson Norton asked if the current zoning conditions are applicable to the entire
property. Mr. Delaney noted that the lot had been replatted, splitting off the southern
portion for the storage facility. He said that the conditions only apply to the
commercially-zoned lot and not the agriculturally-zoned lot.
Commissioner Belmont asked if the agricultural district allowed storage. Staff member
Hemenway said that the only storage permitted would have to be accessory to the
agricultural activity and that a mini-storage facility is not permitted in the AG district.
Commissioners felt that as the facility had been reduced in size and moved well away
from the adjacent residential property, the request to eliminate the fence requirement
was appropriate.
Motion by Christ, seconded by Belmont, to approve the request to eliminate the
condition that the entire site is to be fenced and secured with a gated entrance. Motion
carried by the following vote: Aye —Baumhover, Christ, Dietzel, Henschel, Belmont,
Roussell and Norton. Nay — None.
PUBLIC HEARING\REZONING: Application of Chris Konzen to rezone property
located along Cedar Cross Road from LI Light Industrial district to C-3 General
Commercial district.
Staff Member Kritz said that Mr. Konzen submitted an email asking to table his request
to rezone to a future date.
Zoning Advisory Commission Minutes Page 3
August 5, 2015
Commissioners agreed to honor Mr. Konzen's request.
Motion by Belmont, seconded by Christ, to approve the applicant's request to table the
rezoning to a future date. Motion carried by the following vote: Aye —Baumhover,
Christ, Dietzel, Henschel, Belmont, Roussell and Norton. Nay — None.
ADJOURNMENT: The meeting adjourned at 6:19 p.m.
Respectfully Submitted
Kyle L. Kritz, Associate Planner Adopted