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Minutes Zoing Board of Adjustment 1 24 08THE CITY OF DUB ~ E Masterpiece on the Mississippi ., r~ .~ IAi hSiJ'i.P „~ ' ~SiL' '1~ ~ .. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION January 24, 2008 4:00 p.m. Dubuque w.~ a~ 1~ ~1 zoos PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell and Bill Gasper; Staff Members Guy Hemenway and Wally Wernimont. ABSENT: Board Member Bill Gibbs. 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 63-07 (reconsiderationl: Application of Randy & Millie Dolter for special exception for property located at 1295 S. Grandview Avenue to place a 12 foot by 14 foot detached storage shed 3 feet from the south and west side property lines, 6 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. Randy Dolter, 1295 S. Grandview Avenue, explained his request to the Board. He said that he would like to place a 12 foot by 14 foot detached storage shed 3 feet from his side property lines. He said that the location of a pond and gazebo in the back yard make it necessary to place the storage shed at the corner of the lot. He said that the shed would be used to store garden equipment and a snow blower. He said that the doors for the storage shed will face Southern Avenue. Board members discussed the setback of the storage shed on the adjacent residential property. Board members reviewed aerial photos of the site. Don Stecher, 929 Southern Avenue, spoke in opposition to the request. He said that the Dolter's fence is placed 1 foot inside their property line, and therefore, the storage building would be located 2 feet from the fence. He expressed concerns with maintenance of the 2 foot space between the storage shed and fence because of the potential for a proliferation of weeds and shrubbery. Mr. Dolter stated that he has a small mower and that he intends to maintain the area between the fence and the shed. Staff Member Hemenway presented the staff report. He distributed a letter submitted by the Stechers at 929 Southern Avenue. He reiterated the request noting that the Board was being asked to waive the 6 foot side yard setback and allow the storage building to be built 3 feet from both the west and south side property lines. He said the proposed shed should Minutes -Zoning Board of Adjustment January 24, 2008 Page 2 have little impact on public safety. He said that the Board could place conditions on approval of the special exception. Board Members discussed the request and reviewed the criteria for granting a special exception. Board members felt that the request met the criteria for granting a special exception; however, they expressed concerns with maintenance of the portion of property between the fence and the side of the storage shed. Motion by Klauer, seconded by Urell, to approve the special exception request, with the condition that the property between the storage building and the fence be maintained as per City of Dubuque ordinance requirements. Motion carried by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay -None. DOCKET 01-08: Application of Martin McNamer/NCR Developers LLC for a special exception for property located along Creek Wood Drive (Lot 4 of Timber-Hyrst Estates-Phase II) to build a residence 150 feet from the front property line, 50 feet maximum permitted, and 30 feet from the rear property line, 50 feet required at this location, in an R-3 Moderate Density Multi-Family Residential zoning district. Chairperson Ruden said that both Dockets 01-08 and 02-08 would be heard simultaneously and voted on separately. Marty McNamer, 1749 Creek Wood Drive, said that he has two large lots in Phase II of Timber-Hyrst Estates Subdivision. He said he would like to build houses on these lots further back than the 50 foot maximum permitted. He said that Lot 4 has a power line across the front of the property which limits where the house can be placed. He said it is necessary to reposition the house behind the power line to make the most efficient use of the lot. The Board discussed the lot and subdivision layout. Board Member Klauer asked if there are any residential structures adjacent to the subject lots. Mr. McNamer said that currently there are no residential structures at this location. Mr. McNamer said Lot 5 of Timber-Hyrst Estates Subdivision is a large 6-acre lot. He said that he would like to position a house on the lot well away from the road along the bluff edge to take advantage of the wooded portion of the property. Staff Member Wernimont distributed aerial photos and a topo map of the site. He said that the subdivision plat is currently being reviewed. He outlined both requests discussing the unique character of the lots and the power line location. He discussed access and fire safety issues. He noted that a fire hydrant may be necessary for Lot 5 because of the relatively great distance of the proposed residence from the nearest hydrant on Creek Wood Drive. The Board discussed the requests and felt they meet the criteria for granting a special exception. Minutes -Zoning Board of Adjustment January 24, 2008 Page 3 Motion by Urell, seconded by Gasper, to approve the special exception for Lot 4 of Timber- Hyrst Estates-Phase II, with the conditions that: 1) The Fire Department approve the driveway access; 2) the access drive be addressed at the street; and 3) the Final Plat of Timber-Hyrst Estates-Phase II be approved. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None. DOCKET 02-08: Application of Martin McNamer/NCR Developers LLC for a special exception for property located along Creek Wood Drive (Lot 5 of Timber-Hyrst Estates-Phase II) to build a residence 700 feet from the front property line, 50 feet maximum permitted, in an R-3 Moderate Density Multi-Family Residential zoning district. Please see discussion for Docket 01-08. Board Members reviewed the request and found that it met the criteria for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request for Lot 5 of Timber-Hyrst Estates-Phase II with the conditions that: 1) The Fire and Water Departments approve the location of the fire hydrant; 2) the Fire Department approve the drive access; 3) the access drive be addressed at the street; and 4) the Final Plat of Timber-Hyrst Estates-Phase II be approved. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None. DOCKET 03-08: Application of Ted Stackis for a special exception for property located on the N'/z Lot 50 East Dubuque Addition (adjacent to 1448 Jackson Street) to build a duplex 5 feet from the front property line, 10 feet required, and 2 feet from the north and south side property lines, 3 feet required, and cover 51 % of lot with structure, 50% maximum allowed, in an R-2A Alternate Two-Family Residential zoning district. Ted Stackis, 206 Saunders Street, stated that he wants either to build new or to move an existing duplex onto a single lot adjacent to 1448 Jackson Street. Board members discussed the lot layout and setbacks in the neighborhood. Mr. Stackis indicated he is doing this as part of the Washington Street Neighborhood revitalization effort. Theresa Caldwell, Washington Neighborhood Association, 633 Elm Street, said that she is amenable to the request except that she feels a duplex is too intense a use at this location. She said the Washington Neighborhood Association is trying to encourage single-family home ownership. She said that she would like the dwelling to be limited to asingle-family home. Minutes -Zoning Board of Adjustment January 24, 2008 Page 4 Mr. Stackis agreed to modify his request from a duplex to asingle-family home. Staff Member Wernimont outlined the request. He noted that the proposed setbacks of the residential structure are very similar to those of the adjacent residences. Board members discussed the request and felt that the building setbacks requested were appropriate; however, that a duplex may be too intense at this location. Motion by Urell, seconded by Klauer, to approve the special exception request with the condition that the residence be limited to asingle-family home. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None. DOCKET 04-08: Application of Mabreg, Inc./Karin & Joseph Egan for a special exception for property located at 701/707 Davis Street to build a duplex 10 feet from the front property line on Hogrefe Street, 13 feet from the front property line on Burden Street, 20 feet required for both setbacks, 5 feet from the east side property line, 6 feet required, on a 5,500 square lot, 6,000 square feet minimum lot area required, in an R-1 Single-Family Residential zoning district (contingent upon rezoning to R-2 Two-Family Residential). Joe Egan, owner of the properties at 701 and 707 Davis Street, spoke in favor of the request. He said his intention is to remove two mobile homes and to build a new duplex at this location. Staff Member Hemenway outlined the staff report. He noted that the existing property is non-conforming because it has mobile homes located on asingle-family residential lot. He said there are two structures on one lot which is not permitted and that neither mobile home meets the required setbacks or has the required off-street parking spaces. He noted the requested setbacks and stated that they would have limited impact on public safety or on the adjacent residential property which he noted is also owned by the applicant. He said the adjacent residential structure is a duplex. He said that the footprint of the building is indicated as a red line on the aerial photograph distributed with the plan. He said that the applicant would be required to provide two off-street parking spaces for each unit and that a rezoning for this property is necessary. Board Members discussed the request and said they felt it met the criteria for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request contingent upon approval of the rezoning of the property. Motion carried by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay- None. DOCKET 05-08: Application of Michelle Mihalakis for a variance for property located at 201 E. 22" Street to install a sign with a 50" projection, 18" maximum permitted, in a C-2 Neighborhood Shopping Center zoning district. Minutes -Zoning Board of Adjustment January 24, 2008 Page 5 Michelle Mihalakis, 201 E. 22"d Street, explained her request to the Board. She said she would like to place a sign perpendicular to the building for increased visibility. Board members discussed the location of the sign and the distance from the curb to the building. Staff Member Hemenway presented the staff report. He submitted a rendering of the building showing the approximate location of the sign. He said the Engineering Department reviewed the request and felt that the sign would not block vehicular or pedestrian visibility or pose any public safety issues. He said that the proposed sign is 10 square feet in area and that the maximum permitted in a C-2 district is 100 square feet. Board members discussed the request and felt that it met the criteria for granting a variance. Motion by Urell, seconded by Gasper, to approve the variance request as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay -None. DOCKET 06-08: Application of Don & Bonnie Walling/Russell Northouse dba Audio Solutions for a conditional use permit for property located at 472 Central Avenue to open an auto service business in a C-4 Downtown Commercial zoning district. Don Walling, property owner at 572 Central Avenue, explained the request to the Board. He said that the space under the upper floor condos would be for the retail sales showroom and that the garage space where the installation work would be conducted has no residential use above. Russell Northouse, 3560 Pennsylvania Avenue, stated that he would like to open a remote installation and stereo/DVD installation business. He said that the installation work would be conducted in the garage. Staff Member Hemenway outlined the staff report. He discussed C-4 District standards noting that auto service related business require a conditional use permit because they can generate noise, odors and an accumulation of vehicle parts that may have a negative impact on adjacent residential uses. He noted that there are 4 condominiums above the subject property and one apartment above the adjacent commercial property. He expressed concerns with the potential impact of the audio installation portion of the business because of the noise inherently generated by such businesses. The Board discussed the request and, in an effort to mitigate the potential impact on the adjacent residential uses, decided to limit the hours of operation for the audio installation portion of the business. Motion by Urell, seconded by Gasper, to approve the conditional use permit with the condition that the audio installation component of the business hours of operation be limited to 6:00 p.m. and that no installation work or storage be conducted outside the building. Minutes -Zoning Board of Adjustment January 24, 2008 Page 6 Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None. MINUTES 8~ NOTICES OF DECISION: The minutes of the December 20, 2007 meeting and Notices of Decision for Dockets 67-07, 68-07, 69-07, and 70-07 were approved as submitted. ITEMS FROM BOARD: Chairperson Ruden noted that Board Member Klauer would continue to represent the Board on the Green City Task Force. He said that Jim Urell would be an alternate. ADJOURNMENT: The meeting adjourned at 5:15 p.m. Kyle L. Kritz, Associate Planner Adopted F:\USERS1Kmunson\WP\Boards-Commissions\ZBA\Minutes\ZBA Minutes 2008\ZBA min 01_24_08.doc