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Minutes Zoning Board of AdjustmentTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 Draft MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, April 24, 2008 4:00 p.m. City Council Chamber, Historic Federal Building 360 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Bill Gasper and Bill Gibbs; Staff Members Wally Wernimont and Guy Hemenway. 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 16-08: Application of Dan & Amy .Herber for a special exception for property located at 2154 Morningview Drive to build an attached garage 3 feet from the rear property line, 6 feet required at this location, in an R-1 Single-Family Residential zoning district. Dan Herber, 2154 Morningview Drive, explained that they would like to add a garage with living quarters above it. The Board reviewed photos of the site and discussed the location of the retaining wall to the addition. No one spoke in opposition to the request. Staff Member Hemenway presented the staff report noting the request also includes an addition above the garage. He noted the lot configuration, setbacks, distance from the adjacent residences. Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 17-08: Application of Ben & Cindy Graham for a special exception for property located at 1825 Cannon Street to build an attached garage 10 feet from the front property line, 20 feet required, and 4 feet from the side property line, 6 feet required; and to add a patio 5 feet from the rear property line, 12 feet required, and 4 feet from the side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Ben Graham, 1825 Cannon Street, said he wants to build a larger garage to increase storage capacity for toys, bikes, etc. Board Member Klauer questioned the lot line and sidewalk location. Staff Member Wernimont clarified the width of the public right-of-way and distances to the sidewalk and curb. Minutes -Zoning Board of Adjustment April 24, 2008 Page 2 Board Member Gibbs asked Mr. Graham if the current deck would stay. Mr. Graham said it will be replaced and a patio will be located behind the garage. Staff Member Wernimont outlined the staff report reiterating the request. He said the right- of-way is unusually wide at this location. He discussed the site and building configuration. He said all of the property owners have been notified. Motion by Klauer, seconded by Gasper, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 18-08: Application of Kurt & Crystal Rojemann for a special exception for property located at 630 W. 11 Street to install a 5 foot high fence in the front yard and a 3 foot high fence in the visibility triangle, 4 feet and 2 feet maximum height allowed, in an R-2 Two- Family residential zoning district. Kurt Rojemann stated he wants to remove the existing chain link fence and replace it with an aluminum ornamental fence. Staff Member Wernimont distributed photos of the site. Staff Member Wernimont outlined the request discussing the fence location, lot grade, retaining wall and visibility triangle. He said the fence is in keeping with the character of the historic district. Motion by Klauer, seconded by Gasper, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 12-08: Application of Dr. William May for a Conditional Use Permit (tabled from March 27, 2008) for property located at 989 Langworthy Street to build a parking lot in an R- 2 Two-Family Residential District. John Perry, Perry Construction, represented Dr. May. He said the Zoning Board of Adjustment reviewed the proposal at the last meeting. He said he met with Dick McGrane, adjacent property owner to the proposed parking lot, about the location of the fence. Mr. Perry said the existing fence location will not work because the parking lot will not function properly. He said the parking lot will not be lit. He said it will be for employee parking. He said a buffer could be placed between the parking lot and the property line. Board Member Klauer asked if they considered access to the parking lot from the rear of the property. John Perry explained why they could not use the rear access. The Board discussed site plan layout of the proposed parking lot. Minutes -.Zoning Board of Adjustment April 24, 2008 Page 2 Board Member Gibbs asked Mr. Graham if the current deck would stay. Mr. Graham said it will be replaced and a patio will be located behind the garage. Staff Member Wernimont outlined the staff report reiterating the request. He said the right- of-way is unusually wide at this location. He discussed the site and building configuration. He said all of the property owners have been notified. Motion by Klauer, seconded by Gasper, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 18-08: Application of Kurt & Crystal Rojemann for a special exception for property located at 630 W. 11 "Street to install a 5 foot high fence in the front yard and a 3 foot high fence in the visibility triangle, 4 feet and 2 feet maximum height allowed, in an R-2 Two- Family residential zoning district. Kurt Rojemann stated he wants to remove the existing chain link fence and replace it with an aluminum ornamental fence. Staff Member Wernimont distributed photos of the site. Staff Member Wernimont outlined the request discussing the fence location, lot grade, retaining wall and visibility triangle. He said the fence is in keeping with the character of the historic district. Motion by Klauer, seconded by Gasper, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. . DOCKET 12-08: Application of Dr. William May for a Conditional Use Permit (tabled from March 27, 2008) for property located at 989 Langworthy Street to build a parking lot in an R- 2 Two-Family Residential District. John Perry, Perry Construction, represented Dr. May. He said the Zoning Board of Adjustment reviewed the proposal at the last meeting. He said he met with Dick McGrane, adjacent property owner to the proposed parking lot, about the location of the fence. Mr. Perry said the existing fence location will not work because the parking lot will not function properly. He said the parking lot will not be lit. He said it will be for employee parking. He said a buffer could be placed between the parking lot and the property line. Board Member Klauer asked if they considered access to the parking lot from the rear of the property. John Perry explained why they could not use the rear access. The Board discus site plan layout of the proposed parking lot. Minutes -Zoning Board of Adjustment April 24, 2008 Page 3 Mr. Perry explained two options. Option 1 included a fence 3 feet from the property line and a small terrace. Option 2 included a fence 12 inches from the property line and a retaining wall. Mr. Perry discussed the location of the existing fence. Dick McGrane, 1019 Langworthy, said he owns the property adjacent to the proposed parking lot. Mr. McGrane discussed how much parking was available-during various times throughout the day. He explained that he maintained the grass between the existing fence and his property line. Mr. Perry rebutted the comments made saying they have made every effort to make a compromise. Staff Member Hemenway outlined the staff report stating the conditional use permit is for 10 parking spaces. He discussed the drive aisle width based on the two options. He explained the conditional use permit requirements for parking lots. He explained screening requirements for parking lots abutting residential. He said a 6 foot high screen is required. The Board reviewed the criteria for granting a conditional use permit. They discussed the parking lot. Chairperson Ruden voiced concerns with the design being substandard due to the aisle width. Motion by Klauer, seconded by Gibbs, to approve the conditional use permit. Motion denied by the following vote: Aye -None; Nay -Klauer, Gasper, Gibbs and Ruden. DOCKET 19-08: Application of LBH Arterial Development/Lange Sign Group for a variance for property located at 2055 Holliday Drive to place 2 signs on amulti-tenant building, 1 sign maximum permitted, in a C-3c General Commercial with conditions zoning district. Linda Ashtgen, representative from Midwest Dental, explained that they are relocating their dental office to 2055 Holliday Drive. She explained the configuration of the building location on the site. She discussed site visibility from the Northwest Arterial and said it is difficult for northbound traffic to see the front of the building. She said she would like to place one sign on a facade that faces south and the other sign on the facade that faces to the north. Rick Droeske, Lange Sign Group, said each sign would be 75 square feet in area. He said that they are currently allowed one, 100 square foot sign. He said that the primary access to this property is from Holliday Drive. He addressed the variance criteria. The Board discussed the location of the signs and the hardship requirement. Tom Kelzer, Platinum Realty, said that the property will be set up as a condo. Staff Member Guy Hemenway outlined the staff report. He said that initially there was only one lot at this location. He said that the property had two frontages and was permitted two wall-mounted signs. However, he explained that the lot was subdivided which restricted the site to only one wall-mounted sign, because the tenant space has only one frontage on the Northwest Arterial. He explained the sign regulations for amulti-tenant building in a C-3 Minutes -Zoning Board of Adjustment April 24, 2008 Page 4 District. He explained that the signs are smaller than what currently is allowed. He recommended that the Board review the criteria for granting a sign variance. The Board felt that the request met the criteria for granting a variance. Motion by Klauer, seconded by Gasper, to approve the sign variance as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 20-08: Application of Dodge Street Hotel Associates LLClTim Schneider for a variance for property located at 3434 Dodge Street to construct an off-premise sign 210 feet from an existing off-premise sign, 750 feet minimum required, in a C-3 General Commercial zoning district. Tim Schneider, 582 University Avenue, Cedar Falls, explained his request to the Board. He said that they are requesting to replace an existing monument sign with a large pylon sign. He explained that two lots have been subdivided from a larger lot and structures were built on these lots. He said development of these lots will impact the site visibility of the hotel. He explained that the pylon sign will be 40 feet in height and will help identify the location of the hotel. Staff Member Hemenway distributed photos of the site to the Board. The Board discussed the location of the signage on the site. Mr. Schneider explained that there is a large landscaped parkway that comes off the frontage road to access the hotel. He said that this parkway is an easement between the two lots. Marty McNamer, 1749 Creek Wood Drive, said that he has purchased the lot. He explained why there is a monument sign located off-premise. Staff Member Hemenway outlined the staff report. He explained the separation requirement between free-standing off-premise signs. He explained that this sign will be 40 feet in height and 200 square feet in area, where an off-premise sign is allowed 50 feet in height and 750 square feet in area. He said that if this request is approved, the applicants will be bound to the 200 square feet in sign area and 40 feet in height. The Board discussed the request. Motion by Klauer, seconded by Gasper, to approve the sign variance with the condition that the sign be constructed as submitted. Motion approved by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 21-08: Application of U.S. Cellular/Lange Sign Group for a variance for property located at 2515 N.W. Arterial to place two signs on amulti-tenant building, 1 sign maximum permitted, in a PC Planned Commercial zoning district. Minutes -Zoning Board of Adjustment April 24, 2008 Page 5 Rick Droeske, Lange Sign Group, requested that the sign variance request be tabled because the U.S. Cellular representative was not present. Motion by Klauer, seconded by Gibbs, to table the request to the May 22, 2008 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 22-08: Application of Lenore Nesler/Brad Bierman for a variance for property located at 1108 Locust Street to install a sign that projects 52 inches from the building, 18 inch maximum projection permitted, in a C-2 Neighborhood Shopping Center zoning district. Jim Graves, Graves Signs, said he represented Lenore Nesler. The Board reviewed the rendering of the proposed sign. The Board asked if the sign will be lit. Mr. Graves said that lighting of the sign is a possibility. Lenore Nesler, 1234 Primrose, Lancaster, Wisconsin, said that she is looking at installing gooseneck lighting that would illuminate the sign face. Mr. Graves explained that the current sign regulations would allow them to place two 100- square foot wall-mounted signs on the building. Ms. Nesler indicated that it is not her intention to install two 100-square foot wall-mounted signs. She said that she would like to install the small projecting sign and in the future install a small wall-mounted sign. Staff Member Hemenway outlined the staff report. He explained the variance request. He said that the applicant could place two 100-square foot wall-mounted signs on the building. He explained that the property is located in a historic preservation district and the sign design has met Historic Preservation standards. The Board discussed the request. Motion by Klauer, seconded by Gibbs, to approve the sign variance, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 23-08: Application of Doppco Development for a variance for property located at 3432 Dodge Street to place two signs on amulti-tenant building, one sign maximum permitted, in a C-3 General Commercial zoning district. Eugene Bird Jr., Bird Sign Company, represented Verizon Wireless. He explained the sign variance request to the Board. He explained how traffic circulation works through the site. Mr. Bird reviewed the criteria for granting a variance. The Board asked if the sign on the rear of the building would be lit at night. Mr. Bird noted that the sign will be lighted with LEDs. The Board expressed concerris with light being directed onto the hotel at night. Minutes -Zoning Board of Adjustment April 24, 2008. Page 6 Staff Member Hemenway outlined the staff report. He explained the lot configuration and street access. He explained the sign regulations for amulti-tenant building in a C-3 General Commercial zoning district. The Board discussed the request and decided to limit the hours the sign could be lit. Motion by Klauer, seconded by Gibbs, to approve the sign variance, with the condition that the sign on the south building wall not be lit between the hours of 9:00 p.m. and 6:00 a.m. Motion carried by the following vote: Aye - Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 24-08: Application of Cheryl Walser Kramer for a conditional use permit for property located at 2537 Windsor Avenue to open a bed and breakfast home. Cheryl Walser Kramer, 2537 Windsor Avenue explained her request to the Board. She discussed the building's architecture and history. She said that she will provide customer parking on the site accessed from the alley at the rear of the property. Peter Finger, 2538 Queen Street, expressed concerns with property values and traffic circulation. De Lee Jochum, 702 Ries Street, voiced concerns with parking and possible future development of the site for commercial purposes. She said that 2537 Windsor Avenue is not an appropriate area for a bed and breakfast. Gerald Schmidt, 2528 Windsor Avenue, spoke in opposition to the request and agreed with the other neighbor's concerns. Cheryl Walser Kramer rebutted the comments. She indicated that the bed and breakfast home will only have two rooms. She said she will do all the grocery shopping herself. She said that visitors will come from 3:00 - 5:00 p.m. and stay the night. She said that she does not intend to be open in the winter months. Board Member Gibbs asked if she met with the neighbors. She said that she wanted the issues to be heard at the public hearing first and then discuss them with the neighbors. Staff Member Wally Wernimont discussed the two-part request. He explained that Ms. Kramer is requesting a conditional use permit and a special exception to open atwo- bedroom bed and breakfast home. He explained that the request is not a rezoning of the property. He discussed the permitted uses and conditional uses in an R-2 Two-Family Residential zoning district. He explained the conditions that a bed and breakfast home must meet in an R-2 District. He explained that in addition to the special exception, and conditional use permit, the property will need to receive historic designation from the Historic Preservation Commission. He explained that there is a process for the property to be historically designated, which requires Historic Preservation Commission, Long Range Planning Advisory Commission, City Council and State Historic Preservation Office review and approval. He discussed the parking requirements for the bed and breakfast. He Minutes -Zoning Board of Adjustment April 24, 2008 Page 7 explained that the Board could require that two paved off-street parking spaces be provided on site. The Board discussed limiting the months of operation for the proposed bed and breakfast home. Staff Member Wernimont explained that, if approved, the Board should make the approval contingent upon receiving historic designation status. Board Member Klauer suggested that the conditional use permit and special exception request be tabled so that Ms. Kramer can meet with the neighbors to try to address their concerns. Board Members agreed. Motion by Klauer, seconded by Gasper, to table the conditional use permit. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 25-08: Application of Cheryl Walser Kramer for a special exception for property located at 2537 Windsor Avenue to allow a bed and breakfast home with 1,914 square feet of floor area, 4,500 square feet required for a bed & breakfast home, in an R-2 Two-Family Residential zoning district. The Zoning Board of Adjustment heard this application concurrently with Docket 24-08. Motion by Klauer, seconded by Gasper, to table the special exception request . Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. MINUTES & NOTICES OF DECISION: The minutes of the March 27, 2008 meeting and Notices of Decision for Dockets 8-08, 10-08, 11-08, 13-08, 14-08 and 15-08 were approved as submitted. ITEMS FROM STAFF: Revised Bylaws Staff Member Kyle Kritz outlined the updated Zoning Board of Adjustment Bylaws. He briefly discussed the changes to the bylaws. Motion by Klauer, seconded by Gibbs, to approve the updated bylaws. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. ITEMS FROM BOARD: Chairperson Ruden said that he may miss both the May and June Zoning Board of Adjustment meetings due to a work conflict. Staff Member Wernimont said that Jim Urell is no longer on the Board because he has moved outside of the city. Motion by Klauer, seconded by Gasper, to direct staff to send a letter to the Board of Realtors noting that there is a vacant position available on the Zoning Board of Adjustment. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. Minutes -Zoning Board of Adjustment April 24, 2008 Page 8 ADJOURNMENT: The meeting adjourned at 6:15 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZBA\Minutes\ZBA Minutes 2008\ZBA min 04 24 08.doc