Minutes Zoning Board of Adjustment 5 22 08
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, May 22, 2008
4:00 p.m.
City Council Chamber, Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
PRESENT:
Board Members Randy Klauer, Bill Gasper and Bill Gibbs; Staff
Members Kyle Kritz and Wally Wernimont.
ABSENT:
Chairperson Mike Ruden.
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 4:03 p.m.
DOCKET 26-08:
Application of Craig Hingtgen for a special exception for property
located at 1870 Floraview Drive to build a 20 foot by 20 foot attached carport/deck, 9
feet from the front property line, 20 feet required; and 1 foot from the south side
property line, 6 feet required, in an R-1 Single-Family Residential zoning district.
Craig Hingtgen, 1870 Floraview Drive, reviewed with the board his request to build a
carport in front of his existing house nine feet from the front property line and one foot
from the south side property line. He stated that based on conversations he had with a
neighbor, he no longer desires to build a deck on top of the proposed carport. Mr.
Hingtgen indicated that the proposed carport will extend two feet from the eave line of
his existing house. He also noted that his next door neighbor tried backing his car out
of his driveway, and indicated the proposed carport would not impede his vision down
the street. He concluded by indicating that the carport would be of an open design.
Janice M. Klenske, 1885 Floraview Drive, stated she was a neighbor who lived across
the street from the applicant, and that her only concern regarding the proposal is that a
deck not be built on top of the carport.
Neil McEvoy, 1865 Floraview Drive, stated he had no objection to the project as
outlined by the applicant.
Craig Hingtgen inquired as to whether he could widen the driveway as part of the
proposed project. Board Member Klauer directed that he should review that issue with
the Engineering Department, as they issue permits for changes to curb cuts.
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 2
Board Member Klauer asked the applicant to explain drainage and roof material for the
proposed carport. Mr. Hingtgen indicated that the drainage from the carport would be
directed away from the adjacent property owner to the street.
Staff Member Wernimont reviewed the staff report, noting that the property was
previously approved for a detached garage in the rear of the property, and that the
Board may want to condition approval of the current request on the applicant not
building the detached garage in the rear. He also said that the Board may want to
place the following conditions on approval:
1. The carport being of an open design with a three-foot high sidewall, and
2. That storm water be directed toward the street away from the neighboring
property.
Board Members discussed the request, with Board Member Gasper indicating he was
concerned about the impact on the neighborhood due to the carport being close to the
public roadway. Board Members discussed this concern indicating that if the request is
approved, that it be conditioned on maintaining an open design.
Motion by Gibbs, seconded by Gasper, to approve the special exception subject to:
1. The applicant not using the previous approval granted by Docket No. 50-07.
2. That the carport have an open design with a maximum of three-foot high
sidewall;
3. That drainage be directed away from neighboring property owner; and
4. That the design of the carport does not include a deck on top of it.
Motion carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
DOCKET 27-08:
Application of Joseph & Judith Daack/Jeff Schmidt, Top Notch
Construction, for a special exception for property located at 78 Lindberg Terrace, to
build an addition 3 feet from the west side property line, 6 feet required, in an R-1
Single-Family Residential zoning district.
Joseph Daack, 78 Lindberg Terrace, reviewed his request with the Board to build an
addition three-foot from the property line, noting that he has talked to his neighbors,
and they are in support of his proposed project. Mr. Daack indicated that the proposed
addition will displace a current deck, and that the addition would be in line with his
existing home.
The Board reviewed the project details with the applicant, noting concern that the
applicant mentioned that a new deck would be built at the end of the proposed addition,
but that the deck was not included in the application that the Board is considering
today. Board Member Klauer indicated that the Board could vote on the addition to the
house only, or the applicant could request to table to allow him to revise his application
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 3
to include the deck. Joseph Daack requested his item be tabled to allow him to modify
his application.
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Motion by Gasper, seconded by Gibbs, to table the special exception to the June 26
Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye –
Klauer, Gasper and Gibbs; Nay – None.
DOCKET 28-08:
Application of Lonnie Hingtgen for a special exception for property
located at 1640 Fairfax Avenue to build an attached carport 4 feet from the front
property line, 20 feet required, and 0 feet from the north side property line, 6 feet
required, in an R-1 Single-Family Residential zoning district.
Lonnie Hingtgen, 1640 Fairfax Avenue, reviewed his request to build a carport to
accommodate a wheelchair accessible van and to allow access to and from the vehicle
while being sheltered from the elements. He reviewed the existing drainage pattern
and proposed changes to include a possible curb. He noted the existing carport will be
torn down and a new carport built to the north property line.
Staff Member Wernimont reviewed the request, noting surrounding land uses and
setbacks of surrounding structures. He noted the carport will be built with an open
design and that storm water will be directed away from the neighboring property owner.
The Board reviewed the request, and noted that it was in compliance with the
standards for review of a special exception.
Motion by Gasper, seconded by Gibbs, to approve the special exception, subject to:
1. The carport being of an open design;
2. That storm water drainage be directed away from adjacent property, and,
3. That a survey be obtained to locate the north property line.
Motion carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
DOCKET 21-08 (tabled from April 24, 2008):
Application of U.S. Cellular/Lange Sign
Group for a variance for property located at 2515 N.W. Arterial to place two signs on a
multi-tenant building, one sign maximum permitted, in a PC Planned Commercial
zoning district.
Nate O’Neill, District Manager, U.S. Cellular, 2515 Northwest Arterial, reviewed the
need for a variance to allow the placement of an additional wall-mounted sign to help
direct customers to the business. The applicant noted that he was aware that a new
commercial building could be built to the north of their building that could potentially
block the sign that they propose in the future.
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 4
The Board requested staff to review the sign regulations related to the number of signs
allowed. Staff Member Wernimont reviewed the related sign regulations. Staff Member
Kritz reviewed the change and the interpretation of the legal status of a planned unit
development and that the Board of Adjustment did have jurisdiction in which to review
requested sign variances.
Staff Member Wernimont reviewed the staff report, noting surrounding land uses,
access, location of the proposed building, noting that the requirements for this PUD
does allow a building to be built 0-foot from a side property line.
The Board reviewed the request, the impact on adjacent property, and noted that other
tenants within the same structure have the right to place signage on the rear of the
building.
Motion by Gasper, seconded by Gibbs, to approve the variance as requested. Motion
carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
DOCKET 29-08:
Application of David Young for a variance for property located at
1572 Central Avenue to open a gallery/café and bar with a deficit of 5 off-street parking
spaces.
David Young, 420 Burch Street, reviewed his request to open a gallery/café/bar and the
need for a parking variance. The applicant noted that he has off-street parking in a
two-car garage and two surface spaces, and that there is on-street parking available in
the neighborhood.
Board Member Gibbs asked the applicant what his hours of operation would be. Mr.
Young replied that hours of operation are 7 a.m. to 4 p.m. Sunday thru Wednesday and
7 a.m. to 12 a.m. Thursday thru Saturday.
Staff Member Wernimont reviewed the staff report, reviewing how off-street parking is
calculated, noting that for the proposed use, the number of off-street parking spaces is
calculated based on the number of seats and employees. He also said that the C-4
Downtown Commercial zoning districts allows for a 25% discount to encourage
adaptive re-use of existing buildings without the demolition of adjacent buildings to
provide off-street parking. He noted that the Planning Department did receive a call
from the manager of Diamond Vogel Paints, and that there only concern was that
people would utilize their off-street parking lot after hours. He indicated that this was a
private issue between property owners.
Motion by Gibbs, seconded by Gasper, to approve the request as submitted. Motion
carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 5
DOCKET 30-08:
Application of Dubuque Property Management LLC/Greg Prehm for a
variance for property located at 2635-2635 ½ University Avenue to create a .9 acre
Planned Residential development, 2-acre minimum required.
Greg Prehm, Dubuque Property Management, 8505 Southern Hills Court, explained his
request, noting that the property is currently being used for mobile homes, and that his
intention is to remove the mobile homes and construct townhouses on the site. Mr.
Prehm discussed how traffic would flow through the site. He explained trip generations
and said that previously, there were 12 mobile homes on the site between 1990 and
2000. Mr. Prehm indicated he plans to construct townhouses that would generate
approximately 99 vehicle trips daily, and that his intention is to make these units
upscale in nature.
Board Member Klauer indicated the Board is only looking at the size of the PUD and
not the number of units, traffic, etc.
Carol Steckel, 2645 University Avenue, spoke in opposition to the request, noting that
the requirement for two acres should be maintained and that .9 acres is not sufficient.
Ms. Steckel indicated that she has no problem with the existing trailer park, and that
she felt the property, if it is not a mobile home park, should be used as a community
garden.
Audrey Yarnall, 2653 University, spoke in opposition, as she said there is not enough
room for the number of units that the applicant proposes. Ms. Yarnall said she has no
problems with the trailer park, but did have issues with the existing traffic on University
Avenue.
Mary Kass, 2617 Van Buren, asked questions about required parking, height of
buildings, garbage pick-up, and density; what a PUD was, and that in general, she was
concerned with traffic. The Board noted that Planning staff will address those issues
when it comes time for their staff report.
The applicant explained how his plan would be laid out, and that duplexes can be town
homes. He explained that the town homes will have two or three bedrooms, and all the
units will have two stories.
Staff Member Kritz presented the staff report, and explained the regulations regarding
PUDs and why two acres was set for the minimum amount. He explained the Planned
Unit Developments are intended to provide flexibility when developing a site, and that
typically a site would need to be larger in size to provide some flexibility. He explained
that the proposed site is unique in its topography and shape. He noted the Board is
only looking at the size of the PUD and not the number of units, bulk regulations, etc.
He distributed photos of the site to the Board and reviewed the previous request for
rezoning of the property. He reviewed surrounding land uses, and noted University
Avenue used to be U.S. Highway 20, and could explain the mix of commercial and
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 6
residential uses in the area. He noted that again, the Board is only reviewing the size
of the PUD, and that the Zoning advisory Commission and City Council would actually
review the proposed PUD and the Development if the Zoning Board approves the
variance as requested.
The Board discussed the two acre minimum and the proposed development of the
subject parcel. The Board noted that the existing mobile home park is non-conforming
and that the property is unique in nature.
Motion by Gibbs, seconded by Gasper, to approve the request as submitted. Motion
carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
DOCKET 31-08:
Application of Dubuque Greyhound Park and Casino/Lange Sign
Group for a variance for property located at 1855 Greyhound Park Drive to install a
third free-standing sign, one free-standing sign allowed, for a total of 850 square feet of
free-standing sign area, 750 square foot maximum allowed, in the CR Commercial
Recreation zoning district.
Brian Southwood, 3887 Hillcrest Road, reviewed the request, the existing development
on the property, and the need for the additional sign. Mr. Southwood indicated that the
additional sign would help in providing direction to patrons, improve traffic flow through
the site and into the appropriate parking lots for the various facilities. He noted that the
proposed freestanding sign is a 50 square foot sign and would serve to welcome
patrons as they come to the site and thank them for their business as they leave.
The Board reviewed the existing signage on-site for the casino, hotel and Houlihan’s
Restaurant. Staff Member Wernimont reviewed the total amount of signage on the site
and the size of the proposed sign. He indicated that the proposed sign would not be
visible from the highway and indicated that based on the scale of the site, which is 35
acres in size, it may be difficult to advertise adequately with only a single freestanding
sign. He also noted that the casino itself has no wall-mounted signage.
The Board reviewed the proposal and noted that the size and shape of the property
and given its development that it suffers a singular disadvantage, and that the standard
for granting a variance has been met.
Motion by Gasper, seconded by Gibbs, to approve the request as submitted. Motion
carried by the following vote: Aye – Klauer, Gasper and Gibbs; Nay – None.
MINUTES & NOTICES OF DECISION:
The minutes of the April 24, 2008 meeting and
Notices of Decision for Dockets 12-08, 16-08, 17-08, 18-08, 19-08, 20-08, 22-08, & 23-08
were approved unanimously as submitted.
ADJOURNMENT:
The meeting adjourned at 6:02 p.m.
Respectfully submitted,
Minutes – Zoning Board of Adjustment
May 22, 2008
Page 7
______________________
Kyle L. Kritz, Associate Planner Adopted