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Minutes Zoning Board of Adjustment 3 27 08I' THE CCfY OF DuB E Masterpiece on the Mississippi D~(~ MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, March 27, 2008 4:00 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa Dub~~uqu~,e AIf I~~I. 2007 PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper, and Bill Gibbs; 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 4:15 p.m. DOCKET 10-08: Application of Sara Kahle/James Baranski for a special exception for property located at 440 Raymond Place to build a 6-unit condominium building 2 feet from the front property line, 20 feet required, in an R-3 Moderate Density Multi-Family Residential zoning district. Jim Baranski, representing Sara Kahle, project designer, said the property is zoned R-3 Moderate Density Multi-Family Residential. He said that R-3 zoning allows asix-plex. He said discussed the building and lot dimensions and bulk standards for the R-3 District. He said Ms. Kahle is asking to build 2 feet from the front property line. He said moving the building will help mitigate some of the loss of view from the building to the south and reduce the required excavation area. Ted Hinker, attorney representing Sara Kahle, said the Board should follow the criteria established for granting a special exception. He said the reduced setback will improve the neighbor's line of sight. He said the City of Dubuque has no view shed ordinance. Kevin Deeney, Kane, Norby and Reddick, spoke for Tom and Patricia Schreiber. He expressed his clients' concerns and asked for a moratorium on bluff top development until such time as a bluff preservation ordinance is in place. He said the project will Minutes -Zoning Board of Adjustment March 27, 2008 Page 2 affect property values because of its size and asked the Board to consider letters submitted in opposition to the applicant's request. Gary Schilling, 530 Cooper Place, said the building will block his view. He said property taxes should be reevaluated if this project is built. He said this will be quite a change in the neighborhood, if approved. Nick Lucy, 785 Fenelon Place, said the project may not be built if the Board does not approve a special exception. He expressed concerns with traffic and the scale of the building. Marty Schreiber, 965 S. Grandview, said his family lives in the neighborhood. He said their view will be lost and their property value diminished. Chairperson Ruden said the front setback is being waived. Commissioner Urell said if garages were not built, the condo building could be constructed without Board approval. Mary Schreiber expressed concerns with traffic safety and the structural integrity of the bluff. She asked the Board to table this request until the Bluff Committee can review it. Brad Meyer, 607 Fenelon Place, said he opposed the project because it will obstruct his view. He said his property value will be reduced. He expressed concerns with the size of the structure. He said the view to the north side is important to him. Mary Ann Schreiber, 605 Cooper Place, said her view will not be impacted. She said she lives in a high density neighborhood and expressed concerns regarding parking and bluff land preservation. Mark Schreiber, 505 Cooper Place, said he objects to the project because of the size of the building. He said moving the building closer to his house will impact his property value. Commissioner Klauer said that the Board is just reviewing the setback, not the building size. Tom Schreiber said ideally the Zoning Board of Adjustment would wait for the Bluff Committee recommendations before making a decision. Colin Kelly, 526 w. 5th Street, voiced concerns with sidewalks, snow removal, sewer line capacity, and safety on the open terrace. Amy Schadle, 512 Fenelon Place, said she has concerns about traffic, parking and the size of the building. She said this will impact her elevator business. She said disturbing the bluff may damage her building. Minutes -Zoning Board of Adjustment March 27, 2008 Page 3 Wayne Cook, 515 Cooper Place, expressed concerns with snow removal, traffic safety, views and property values. Staff Member Wernimont entered letters from the Schreiber's and Evelyn Nideau into the record. The Board reviewed the letters. Jim Baranski said the existing zoning allows asix-plex. He said the motor court would afford a single point of access. He said the building could be built without a covered garage. Ted Hinker said the exception will not affect property values. Staff Member Wernimont outlined the request referring to an overhead diagram. He discussed setbacks, lot coverage, aerial photos, and photos of the site. He said the project would be reviewed for structural stability and storm water control through the site-plan process. He said the proposed parking exceeds requirements. He discussed lot area, setbacks and density. He recommended that the Board review the criteria for granting a special exception. Board Member Klauer read the criteria established for granting a special exception and indicated the proposed project met the criteria. Board Member Gasper indicated that it is more beneficial for the adjacent property to have the building moved forward. Motion by Urell, seconded by Gasper, to approve the special exception as submitted. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 8-08: Application of I-Wireless/City of Dubuque (tabled from February 28, 2008 for a conditional use permit for property located at Madison Park (10-24-182-006) to allow a wireless communications facility using a flag pole and equipment compound in an R-2 Two-Family Residential zoning district. Andy Anderson, representing I-Wireless, 5000 Tremont, Davenport, Iowa, said that he initially provided the wrong dimensions for the pole. He said that the pole is 2 feet in diameter from top to bottom. He submitted photo renderings and referred to the photos and distances from the pole location to various points in the park. Mr. Anderson said he met with property owners located below the bluff. He said that a slab will be poured for the compound. He said the tree is 24 inches in diameter. Board Member Urell asked if the pole will be co-locatable. Mr. Anderson said yes but that it will not be practical. Mr. Anderson noted that they met with the Historic Preservation Commission and they asked that plantings, not fencing, be placed around the base of the pole. Minutes -Zoning Board of Adjustment March 27, 2008 Page 4 James Leslein, 1833 N. Main Street, spoke in opposition to the request. He said he would like to see the park used only as a park with no commercial applications. Mr. Anderson said this location was not I Wireless' first choice. He said they were unable to find another location that would meet the coverage requirements. Staff Member Kritz presented the staff report. He provided detailed drawings of the monument and tree. He said that the Historic Preservation Commission would like to see wrought iron fence around the cabinets surrounding by landscaping. Board Member Klauer asked about lighting of the pole. Mr. Anderson discussed the flag pole along I-380 and said there are two lights that light the pole. He said that the City is responsible for establishing the lighting requirement. Board Member Klauer agreed with the Historic Preservation Commission. Motion by Urell, seconded by Gasper, to approve the conditional use permit, with the following conditions: 1) That a 10 foot by 15 foot flag is flown; 2) that the recommendation of the Historic Preservation Commission dated February 22, 2008 and noted as Exhibit A be enforced. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 11-08: Application of Rainbo Oil Company for a conditional use permit for property located at 2239, 2247, and 2297 University Avenue (Lot 1 of Mineral Lot 170) to allow a drive thru restaurant in a C-2 Neighborhood Shopping Center zoning district in conjunction with rezoning. Jill Reimer, Rainbo Oil Company, discussed the building project and the request for a drive-thru. She said she met with 9 neighbors. She said the distance between the drive-thru and residential property is greater than that of the Pennsylvania Dairy Queen. She said they can adjust the volume and direction of the speaker. She said they will landscape and create apark-like environment behind the building. Staff Member Wernimont outlined the staff report and discussed the public hearing for rezoning of the property. He said conditions placed on the rezoning restricted parking behind the building after hours and required screening at the top of the slope. Motion by Urell, seconded by Gasper, to approve the request as submitted. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. Minutes -Zoning Board of Adjustment March 27, 2008 Page 5 DOCKET 12-08: Application of Dr. William May for a conditional use permit for property located at 989 Langworthy Street to build a parking lot in an R-2 Two-Family Residential District. John Perry, Perry Construction, 10600 Freedom Ridge Drive, said he represented Dr. May. He said the parking lot will serve as overflow for the dental office. Mr. Perry noted the McGrane residence is the only one in the area. He discussed the drive lane, retaining walls and terracing of the land adjacent to Mr. McGrane's property. Dick McGrane said he lives directly adjacent to the proposed parking lot. He said he is not opposed to a 6 foot high fence at it current location. The Board discussed location of the current fence and parking lot configuration. The Board discussed tabling the application to enable the applicant and neighbor to work on a design. Motion by Klauer, seconded by Gibbs, to table this agenda item to the next meeting. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 13-08: Application of Hills & Dales for a conditional use permit for property located at 3505 Stoneman Road to open a licensed child care center for 102 children in a C-3 General Commercial zoning district. Chairperson Mike Ruden removed himself from the table. Mary Lynn Althoff, 1011 Davis Street, explained the request. She explained the drop- off location for the children, parking and outdoor play area. Staff Member Hemenway presented the staff report. He discussed the location, adjacent residential and commercial properties, drop-off area and parking. He noted that the building is located on a dead end street. He noted the facility must meet State and Federal daycare requirements. Motion by Klauer, seconded by Urell, to approve the request. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Gibbs; Nay -None; Abstain -Ruden. DOCKET 14-08: Application of Aaron Young for a variance for property located at 1805 Madison Street to convert asingle-family home to a duplex with a deficit of 2 off- street parking spaces, in an R-4 Multi-Family Residential zoning district. Minutes -Zoning Board of Adjustment March 27, 2008 Page 6 Aaron Young, 910 Valentine Drive, said he grew up in this house and would like to convert it to a duplex. Staff Member Wernimont outlined the staff report. He said asingle-family home is not permitted in this zoning district and converting it to a duplex will make the house less non-conforming. He said the single-family home is grandfathered. He said the topography of the site makes it difficult to provide parking. He said several other non- conforming residences are located in the neighborhood. Motion by Urell, seconded by Klauer, to approve the request. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 15-08: Application of Kyle Pitman/John Schreiber for a variance for property located at 1097 University Avenue to open an indoor restaurant, with a deficit of 9 off- street parking spaces, in a C-2 Neighborhood Shopping Center zoning district. Tom Pitman reviewed the proposed business and hours of operation. He said he is proposing a 45 seat restaurant with 4 employees. He reviewed past parking variances and available on-and off-street parking. Mr. Pitman reviewed standards for granting a variance. He said much of the area was developed prior to the advent of the automobile. He said the building has not been expanded and no existing off-street parking has been eliminated. He said no special privilege will be granted because other businesses in the area have been granted variances. He said the proposed restaurant will not significantly increase traffic along University Avenue. He said there will be different parking demand peaks because of the different nature of the businesses along the street. He noted that there had been no objections to his request except from other businesses in the area. John Schreiber, owner of the property at 1097 University Avenue, said that the previous use as Happy Joe's had 13-15 employees. He said that Happy Joe's squeezed in 4 and 5 vehicles in the front lot and 10-12 in the back. Mike Breeze, owner of the Athenian Grill, said he opposed the request because of lack of parking along University Avenue. He said he receives complaints about parking in the area from his patrons. He said he is not concerned about competition, but about parking. He said the lack of parking is hurting businesses in the neighborhood. He said he spoke to business owners along University Avenue and 19 out of 21 were opposed to the parking variance. He submitted a petition in opposition to the request. Bob Schmidt, representing Happy Joes Pizza restaurant, said the proposed restaurant could help some businesses in the area and hurt others. He asked for equal treatment Minutes -Zoning Board of Adjustment March 27, 2008 Page 7 because he said Happy Joes had to lease 13 parking spaces. He said that they, too, would like asit-down dining area for customers. He said if the Board grants the variance, then other businesses should be allowed to expand. He indicated there is a problem with parking and that maybe the City should help resolve it. Tom Pitman said he hopes to contribute to the neighborhood. He provided a graph and data quantifying available on-street parking in the area. Mr. Pitman noted that his business would increase demand on parking by 5%. Mr. Pitman said that businesses tend to feel possessive about parking spaces in front of their stores. He also noted the experience of downtown and the renaissance that has occurred despite a high demand on parking. He said asit-down restaurant has a different pattern of customer traffic than acarry-out restaurant. Staff Member Hemenway outlined the staff report. He reviewed correspondence, past variance requests in the area, and how parking requirements are established. Board members felt that the applicant demonstrated that the request met the criteria established 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, Gibbs and Ruden; Nay -None. MINUTES & NOTICES OF DECISION: The minutes of the February 28, 2008 meeting and Notices of Decision for Dockets 7-08 and 09-08 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 6:30 p.m. Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP1Boards-CommissionslZBAWtinutes\ZBA Minutes 2008\ZBA min 03_27_08.doc