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Minutes Zoning Board of Adjustment 6 25 08THE CfI'Y OF O O DUB E MINUTES MasterpieceotttheMississippi ZONING BOARD OFAD7USTMENT REGULAR SESSION Wednesday, June 25, 2008 4:00 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa bubuque 'I~~ zoos PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Bill Gasper and Bill Gibbs; Staff Members Kyle Kritz 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 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; and a deck 14 feet from the rear property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Joseph Daack, 78 Lindberg Terrace, reviewed his request for an addition to his residence. He stated that he would like to build an addition and attached deck 3 feet from his west side property line. He noted letters of support submitted by the adjacent property owner and one other neighbor. Staff Member Hemenway reiterated the request noting that Mr. Daack is building an addition and an attached deck and that the Planning Services Department had received two letters of support for the project. Board Members discussed the request and felt that it was appropriate. Motion by Klauer, seconded by Gibbs, to approve the special exception request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. Minutes -Zoning Board of Adjustment June 25, 2008 Page 2 DOCKET 33-08: Application of Rob & Martha Leigh for a special exception for property located at 77 Hill Street to build agarage/addition 6 inches from the north side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Rob Leigh, 77 Hill Street, reviewed his request to build a garage and addition with the Board. He noted the surrounding land use, his need for a garage for off-street parking, and he stated that the garage would be 26 feet in depth, rather than the 28 feet shown on the site diagram. The Board reviewed access to the site and vehicle maneuvering area for the proposed garage. Chairperson Ruden expressed concerns about locating the garage within 6 inches of the property line directly adjacent to another nonconforming garage. Ann Duval, 83 Hill Street, said she is the neighbor directly to the north of Mr. Leigh's property. She spoke in favor of the request. Mr. Leigh described how the garage will be constructed using a portion of the foundation as a retaining wall. He reviewed the location of his existing residence and the layout of the proposed garage addition. The Board discussed the need for a survey in light of the 6 inch side yard setback. They discussed the orientation of the surrounding structures and access to the proposed garage for vehicles and pedestrians. Board members expressed concerns regarding maintenance of the proposed garage and the adjacent garage because of their close proximity. They reviewed with the neighbor her future plans for rebuilding her existing garage. She stated that she plans to remove the older, deteriorated garage and replace it with a new garage approximately on the same footprint. Board Members discussed problems with snow removal and maintenance between the two structures. Staff Member Hemenway reviewed the request noting the 24 foot standard to provide adequate room for a vehicle backing from the garage. He reviewed building code requirements stating that a gutter could not extend closer than the 6 inches requested by the applicant. He said that the garage may have to have fire walls and will not be allowed openings on the north side. He noted that the garage can be reduced in size or shifted to increase the setback between the garage and the north side property line. He said that, if approved, storm water should be directed away from the adjacent property and that a survey of the north property line be required. Minutes -Zoning Board of Adjustment June 25, 2008 Page 3 Board members expressed concerns about the 6 inch setback and discussed increasing the setback to 2 feet for the entire garage. Board Member discussed tabling this agenda item and requiring a survey. The applicant reviewed the need to have a pedestrian access on the north side of the garage. Board Members discussed allowing a bump out at the southeast corner of the proposed addition to enable the applicant to have a pedestrian access. Board Members asked that the garage be held back 2 feet and sketched the proposal on a site diagram which they labeled Exhibit A. Motion by Klauer, seconded by Gibbs, to approve the request with the following condition: 1) That the 6 inch setback be allowed for the south portion of the garage and remainder of the garage to be set back 2 feet as per Exhibit A; and 2) that a site survey be obtained for the north side property line. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 34-08: Application of Brian Husemann for a special exception for property located at 1921 Simpson Street to build a 24 by 24 foot attached garage 0 feet from the west side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Brian Husemann, 1921 Simpson Street, reviewed his request noting that the original request was fora 0 foot setback, but that he was shifting the garage 2 feet in an effort to gain some space between the structure and the adjacent property. He said that the attached garage will be 24 feet by 34 feet. He noted that he was granted a limited setback waiver previously for the 20 foot by 44 foot addition to the back of his house. Board members asked if the setback could be increased to 4 feet. Mr. Huseman said that the view from the French doors on his addition would be inhibited if the garage were to be shifted 4 feet from the property line. The Board noted receipt of a communication from the adjacent property owner in opposition to the request. The adjacent property owner asked that the setback remain 6 feet. Staff Member Hemenway reviewed the request noting that the applicant has changed his request from 0 feet to 2 feet. He noted that if the 2 foot request were to be approved, the measurement would taken from the overhang, not from the building wall. Board members reviewed the setbacks of surrounding structures in the area. They expressed concern with the proposed addition being built up to the property line but agreed that 2 feet would allow for maintenance and access to the side of the building. Minutes -Zoning Board of Adjustment June 25, 2008 Page 4 Motion by Klauer, seconded by Gibbs, to approve the special exception request with the condition that the garage be located a minimum of 2 feet from the west side property line. 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 (tabled) for property located at 2537 Windsor Avenue (Lot 20 Staffords Add) to open a bed and breakfast home. Motion by Klauer, seconded by Gasper, to table the application at the applicant's request. 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 (Lot 20 Staffords Add) to allow abed-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. Motion by Klauer, seconded by Gasper, to table the application at the applicant's request. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 35-08: Application of Dan Steffens/DLTV LCC for a conditional use permit for property located at 1006 Central Avenue to open a used car dealership in a C-4 Downtown Commercial zoning district. Dan Steffens, 1006 Central Avenue, reviewed his request noting that he is trying to maintain his car dealer's license, but does not want to be a full-blown auto dealership. Mr. Steffens stated that he sells a limited number of cars. He said that the back lot will be paved and improvements to the building will continue. He said that he prefers not to be restricted to auto display in the back lot only, but would accept a limit on the number of display vehicles he may have. Mr. Steffens reviewed his business plan and how he handles vehicles he purchases. Staff Member Hemenway reviewed the request noting why the proposed business is a conditional use in a C-4 District. He explained staff's recommendation to place display vehicles on the back lot and to pave the lot. He said that if display vehicles were allowed on the Central Avenue lot that customers would have to park either in a substandard lot across the alley or consume on-street parking which he said can be scarce in this area. Minutes -Zoning Board of Adjustment June 25, 2008 Page 5 Board Members discussed the request and felt that it was appropriate to limit display vehicles to the back lot which would enable the parking lot in front of the auto repair business to be used by customers and employees. Motion by Klauer, seconded by Gasper, to approve the conditional use with the condition that 1) the display vehicles be confined to the rear lot; and 2) the rear lot be paved. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. DOCKET 36-08: Application of Keith Wolff, Dubuque Sign Co./Steve Selchert for a variance for property located at 3350 John F. Kennedy Road to install three wall- mounted signs, one sign permitted, in a C-2 Neighborhood Shopping Center District. Steve Selchert, 8753 Jennifer Court, reviewed his request noting that the additional sign is needed to advertise a new product line he intends to offer. He said the sign would be moved from the other store on Kennedy Road. Board Members discussed existing signage and a former variance granted for the property. Mr. Selchert noted that if the business were located in amulti-tenant building it would be allowed more signs than the building currently has. Staff Member Hemenway reviewed the request noting the existing signage, the permitted signage and the signage that was granted by the former variance. He said that the variance was approved in 2003 to allow 4 signs and that Mr. Selchert had installed two wall-mounted and one free-standing sign thus far. He noted that if the new variance were to be approved, that the free-standing sign granted by the original variance would no longer be permitted. The Board discussed the request noting that 'the second free-standing sign would not be permitted if this request were granted. They said they felt that the request met the criteria for granting a variance. Motion by Klauer, seconded by Gibbs, to approve the variance request as submitted. Motion carried by the following vote: Aye -Klauer, Gibbs and Ruden; Nay -Gasper. DOCKET 37-08: Application of Matt Lewis Construction/Ron & Sue Shaw for a variance for property located at 3350 Center Grove Drive to construct an addition and provide 1,150 square feet of green space, 2,603 square feet required at this location, in a C-3 General Commercial zoning district. Minutes -Zoning Board of Adjustment June 25, 2008 Page 6 Ron Shaw reviewed his request for a variance for the amount of green space required for his site. He noted that the property is constrained by the existing development and easements. Jerry Anderson, Design Center, reviewed existing parking requirements and how they contributed to the loss of green space. Gary Pfab, 3360 Center Grove Drive, stated that he believes that the applicant is trying to place too much development on this relatively small lot. He said that the proposal provides less than 1/3 of the green space required. He stated that he does not believe that there is sufficient parking for the size of the building proposed. He noted that the automobiles parking on the Shaw's property may encroach on the easement on his property. Board members reviewed the surrounding property, land use, ownership and green space with Mr. Pfab. Dan McDonald, Greater Dubuque Development Corporation, 300 Main Street, stated that he supports the variance request. He said he encourages expansion of Mr. Shaw's small but growing business. He said that the property is unique in shape and size and that the business needs space to grow. He discussed the criteria for granting a variance and stated that they have been met. Staff Member Hemenway reviewed the request discussing the site plan and photos. supplied to the Board. He reviewed the amount of existing green space, surrounding land use and available on-street parking. He noted that there are easements along 3 sides of the subject property. Board members discussed the request noting that easement issues are private and should be resolved between property owners. Board members stated that their duty is to determine if the request meets the criteria for granting a variance. Board members felt the request met the criteria for granting a variance. Motion by Klauer, seconded by Gibbs, to approve the variance request as submitted. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay - None. DOCKET 38-08: Application of Pat Norton, Durrant Group/Terry Moffat, Weaver Enterprises for a conditional use permit for property located at 1958 Central Avenue to open adrive-in carry-out restaurant in a C-4 Downtown Commercial zoning district. Minutes -Zoning Board of Adjustment June 25, 2008 Page 7 Pat Norton, Durrant Group, stated that he was represents Weaver Enterprises. He said that they are asking for permission to open adrive-thru restaurant as part of the renovation of the entire site. He said that the 20th Street access had been eliminated and when the parking area was reconfigured, they were only able to provided 10 spaces as opposed to the required 11 spaces. He said that KFC's policy is to require employees to walk, take public transit, or park off site. Staff Member Kritz discussed the site plan noting the building location and drive accesses. He discussed the conditional use permit requirements noting that the property is located in an older, mixed-use neighborhood and that the Zoning Board of Adjustment can review the request to identify potential adverse impacts. He discussed photos of the property and noted that the 20th Street access would be eliminated and that there would be access from the parking lot to both White Street and Central Avenue. He discussed parking requirements noting that the site reconfiguration eliminated some spaces, and thus, a variance was needed. He said that drive-thrus tend to reduce the demand for parking. He said that when the 20th Street access is eliminated traffic flow through this area should be improved. Board Member Klauer asked for clarification regarding parking calculations. Board members discussed the request and felt that it met the criteria for granting a conditional use permit. Motion by Klauer, seconded by Gasper, to approve the conditional use permit request, as submitted. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Abstain - Ruden; Nay -None. DOCKET 39-08: Application of Pat Norton, Durrant Group/Terry Moffat, Weaver Enterprises for a variance for property located at 1958 Central Avenue to open adrive- in carry-out restaurant with a deficit of ane off-street parking space in a C-4 Downtown Commercial zoning district. Board members referred to the discussion for Docket 38-08 and felt that the variance request met the established criteria. Motion by Klauer, seconded by Gasper, to approve the variance request as submitted. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Abstain - Ruden; Nay -None. DOCKET 40-08: Application of Randy Berger/John & Sally Jo Herrig for a conditional use permit for property located at 620 S. Grandview Avenue to open a medical office Minutes -Zoning Board of Adjustment June 25, 2008 Page 8 (chiropractic) and carry-out ice cream shop in a C-1 Neighborhood Commercial zoning district. Dr. Randy Berger reviewed his request noting the location of the business and the position of the soft-serve ice cream window. He read a note submitted by Kathleen Schmitt stating that she is in favor of the request. John Herrig, owner of the property, spoke in support of the request noting that improvements to the properly would be made. He said he objected to having to pave the existing gravel surface. Board Members discussed City regulations pertaining to paving existing parking areas. Planning staff discussed regulations regarding paving and recommended paving the parking lot. Staff Member Hemenway noted that the paved lot would enable the property owner to stripe the surface so that parking would be clearly defined and more efficiently utilized. He noted that gravel on sidewalks and driveways constitutes a public safety hazard and an accessibility issue. The Board discussed the health codes and accessibility standards. Board member Klauer discussed required parking for the soft-serve ice cream window. Mr. Herrig stated that he needs to have cash flow before he can pave and he said that the building has been vacant for some time. He said he felt it would be better to have an active business in the building than to have a vacant building. Board members discussed the need for paved parking and the lot layout. Board members discussed granting an extended timeframe for paving the existing lot. Staff Member Hemenway reviewed the conditional use request. He noted that medical clinics tend to generate more noise, activity, traffic and demand on parking than other uses in a C-1 District. He discussed the recommendation to pave the parking noting that striping creates more efficient utilization of the somewhat limited space. He said that the site diagram submitted was not drawn to scale and that the lot as shown is not functional. Board members discussed the request and expressed the need to require paving as part of granting a conditional use permit. They expressed concerns with health, safety and access. The applicants asked whether permitted uses would be required to pave the parking. Staff Member Hemenway said that permitted uses are grandfathered and that paving would not be required. Board Member Klauer pointed out that ADA regulations are not grandfathered and that new businesses are required to address accessibility and provide required handicap Minutes -Zoning Board of Adjustment June 25, 2008 Page 9 spaces. Mr. Herrig noted that he could comply with ADA by paving an accessible space on a portion of the lot. The Board discussed ADA requirements and the problems inherent with delineating parking spaces where there is a gravel surface. Staff Member Hemenway reviewed the number of spaces that he felt could be placed on the lot noting that a small parking lot is possible, but would be somewhat non- compliant. Board members allowed the applicants to take a 10-minute break to discuss the proposal to pave the lot. Board members asked the applicants if they would be willing to table the request until the July 28, 2008 meeting to enable them to resolve the paving issue. The applicants agreed to table their request to the July 28, 2008 meeting. Motion by Klauer, seconded by Gasper, to table the request to the July 28, 2008 zoning Board of Adjustment meeting. Motion carried by the following vote: Aye -Klauer, Gasper, Gibbs and Ruden; Nay -None. MINUTES & NOTICES OF DECISION: The minutes of the May 22 and June 5, 2008 meeting and Notices of Decision for Dockets 21-08, 26-08, 27-08, 28-08, 29-08, 30-08, 31- 08 and 32-08 were approved unanimously as submitted. AD]OURNMENT: The meeting adjourned at 6:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZBAUAinutes\ZBA Minutes 20081ZBA min 06 25 08.doc