Minutes Zoning Board of Adjustment 12 20 07D ~~
MINUTES Dubuque
THECrrvOF ZONING BOARD OF ADJUSTMENT
DUB E REGULAR SESSION
Thursday, December 20, 2007 t, ~'
Masterpiece nn d1e Mississippi 4:00 p.m.
Auditorium, Carnegie Stout Public Library 200
360 W. 11th Street, Dubuque, Iowa
PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill
Gasper and Bill Gibbs; Staff Members Kyle Kritz, Guy Hemenway 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 at 4:05 p.m.
DOCKET 68-07: Application of Gary Carner for a special exception for property located
at 1664 Washington Street to build a front porch 0 feet from the front property line, 10
feet required, and cover 66% of the lot with structure, 50% maximum allowed, in an R-
2A Alternate Two-Family Residential zoning district.
Renee Krier, 2900 Brunswick Street, stated that she represented Mr. Carner. She said
Mr. Carner would like to add the porch to a three-plex as part of the general
rehabilitation of the entire building.
Staff Member Wernimont outlined the staff report. He discussed porch dimensions and
location on the lot. He said that the renovation of this building was being done as part
of the Washington Street Neighborhood Revitalization project. He said that the house
had previously had a similar porch located where the new porch is being proposed. He
discussed placing condition regarding stormwater management on any approval that
the Board may grant.
Board members discussed the request and felt that it was appropriate.
Motion by Urell, seconded by Klauer, to approve the special request with the condition
that stormwater from the front porch be piped under the sidewalk to the curb. Motion
carried by the following vote: Motion carried by the following vote: Aye -Klauer, Urell,
Gasper, Gibbs and Ruden; Nay -None.
DOCKET 69-07: Application of Clement 8~ Judith Walleser for a special exception for
property located at 2340 Graham Circle to build a deck 5 feet from the front property
Minutes -Zoning Board of Adjustment
December 20, 2007
Page 2
line (Graham Circle), 20 feet required, in an R-1 Single-Family Residential zoning
district.
Clement Walleser, 2340 Graham Circle, said that he would like to build a front porch
over the original concrete stoop. He said the new porch would project approximately 4
feet further than the concrete stoop and that reconfiguring the porch will make access
for the elderly much easier.
Staff Member Wernimont discussed porch and deck standards. He stated that the
porch will not block the view to the street for vehicular traffic or from the adjacent
residents.
The Board discussed the request and felt it was appropriate.
Motion by Urell, seconded by Klauer, to approve the special exception request as
submitted. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs
and Ruden; Nay -None.
DOCKET 67-07: Application of Midwest Property Group, LTD/Gronen Properties, LLC
for a variance (tabled from November 29, 2007) to Northeast Corner of 20t 8~
Washington Streets to allow a building to be placed 0 feet from the front property line of
both 20 Street and Washington Street, 10 feet required for both, in a C-2
Neighborhood Shopping Center District.
Chad Leitch, representing Midwest Property Group, LTD, discussed building renderings
submitted to the Board. He noted that the building had been moved so as to clear the
visibility triangle. He said that Midwest Property Group is still requesting a variance in
the building setback.
The Board discussed the site diagram, building locations, visibility triangle and traffic
issues. Chairperson Ruden said he was concemed that the building is built up to the
property line.
John Gronen, representing Gronen Properties, LLC, said that the site was configured
so as to provide the minimum required amount of parking spaces for the new
Walgreen's Store.
Staff Member Kritz said that the parking provided for the retail space just meets the
City's parking requirements. He discussed site access and maneuverability for delivery
vehicles. Chairperson Ruden said he is concerned with the scale of the building and its
proximity to the front property line.
Minutes -Zoning Board of Adjustment
December 20, 2007
Page 3
The Board, staff and applicant discussed various building and site configurations. Mr.
Gronen said that the site layout represents new urbanism design that places the
building close the street and locates a large portion of the parking behind. .
Staff Member Kritz outlined the staff report and offered to answer any questions the
Board had. Board Members felt that as the building was moved out of the visibility
triangle and the required parking was provided, the request was appropriate.
Motion by Urell, seconded by Klauer, to approve the Variance request as per Exhibit A
with the condition that the visibility triangle at the corner of Washington and 20th Streets
be maintained. Motion carried by the following vote: Aye -Klauer, Urell, Gasper,
Gibbs and Ruden; Nay -None.
DOCKET 70-07: Application of DMT Investments Inc. for a variance for property
located at 535 Hill Street to place two signs on a tenant space, one sign maximum
permitted, in a C-2 Neighborhood Commercial Shopping Center District.
Chairperson Ruden abstained from the request because of a conflict of interest.
Tom Thompson, representing DMT Investments Inc., explained his variance request.
He stated that he would like two signs on the building instead of one and that the sign
square footage, in total, was less than would be permitted on a single sign.
Staff Member Hemenway presented the staff report. He explained how a single sign is
defined and outlined sign regulations for the C-2 District. He stated the size of the
structures in total are less than one-half of the square footage that would be permitted
on a single sign . He stated that the signs would be set back approximately 160 feet
from the nearest residential property. He recommended that if the Board approves the
request it be bound by the submitted sign rendering.
Board Member Gibbs asked about the hours of operation for the restaurant. After
discussion with the applicant, the Board decided to limit the hours of operation of the
message center sign to no later than 10:00 p.m. because of the close proximity of the
residences to the business.
Board Members discussed eliminated free-standing signage.
Motion by Klauer, seconded by Gibbs, to approve the variance request with the
condition that the sign be installed as per Exhibit A and with the condition that the
operational time for the message center sign be limited from 7:00 a.m. to 10:00 p.m.
Motion carried by the following vote: Aye -Klauer, Urell, Gibbs and Gasper; Nay -
None; Abstain -Ruden.
Minutes -Zoning Board of Adjustment
December 20, 2007
Page 4
MINUTES 8~ NOTICES OF DECISION: The minutes of the November 29, 2007 meeting
and Notices of Decision for Dockets 63-07, 64-07, 65-07, 66-07, and 67-07 were approved
as submitted.
ITEMS FROM PUBLIC:
Reauest reconsideration of denial of a special exception for property at 1295 South
Grandview Avenue.
Randy Dotter, 1295 South Grandview Avenue, asked the Board to reconsider the special
exception request for his property at 1295 South Grandview Avenue. He indicated that his
wife was somewhat confused by the process and asked to be reheard. He said he needs
space for storage and that a smaller storage building would not be sufficient.
The Board discussed his request and decided to rehear the special exception request.
Motion by Klauer, seconded by Urell, to rehear the special exception request for 1295
South Grandview. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs
and Ruden; Nay -None.
ITEMS FROM BOARD:
Board Member Gibbs stated that he will not be at the January and February 2008
meetings.
Chairperson Ruden stated that he is a part of the Sign Review Committee for the Unified
Development Committee and that they are struggling with signage issues including the
number and size of signs permitted in each zoning district.
Board Member Ruden stated that he attended the initial Green Cities Initiatives meeting.
He discussed Green Cities Initiative projects and distributed some information to Board
members. He said that the Green Cities Initiative group is forming a subcommittee that will
require someone to dedicate significant time to the project. The Board discussed having a
representative from the Zoning Board of Adjustment attend the meetings.
ADJOURNMENT: The meeting adjourned at 5:20 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted