Minutes_Zoning Board of Adjustment 2 23 17 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 P.M.
Thursday, February 23, 2017
Room 223, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy; Board Members Keith
Ahlvin, Bethany Golombeski, and Joyce Pope; Staff Members Ose Akinlotan, Guy
Hemenway, Kyle Kritz, and Wally Wernimont.
Board Members Excused: Jeff Cremer.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Ahlvin, seconded by Golombeski, to approve the minutes of the
January 26, 2017 meeting as amended. Motion carried by the following vote: Aye —
Ahlvin, Pope, Golombesk and McCoy; Nay — None.
Docket 06-17/Special Exception: Application of Michael Thill, 1629 Rhomberg
Avenue, to construct a 25' x 25' detached garage nine (9) feet from the front property
line (Hamilton Street), 10' minimum required, and zero (0) feet from the rear property
line (alley), six (6) feet minimum required in an R-2A Alternative Two-Family Residential
district.
Michael Thill, 1625 Rhomberg Avenue, explained his request to the Board. He said that
he is going to tear down an existing 300 square foot detached garage and construct a
new 25' by 25' detached garage. He explained that the new garage will be accessed
from the alley.
Staff Member Akinlotan presented the staff report noting that the proposed detached
garage will encroach slightly into the visibility triangle of the alley and Hamilton Street.
The Board discussed the request, and felt that the detached garage is in character with
other existing garages in the neighborhood. Chairperson McCoy asked Mr. Thill how he
plans on managing storm water from the garage. Mr. Thill noted that stormwater will be
captured in a gutter.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 2
Motion by Pope, seconded by Ahlvin, to approve the Special Exception request with the
condition that storm water be directed onto the subject property. Motion carried by the
following vote: Aye — Ahlvin, Pope, Golombeski and McCoy; Nay — None.
Docket 07-17/Conditional Use Permit: Application of Daniel McNamer, 2891
Northridge Drive, to allow a home-based firearms mail order and repair business in an
R-1 Single-Family Residential district.
Daniel McNamer, 1865 Phyllrich Drive, said he has been operating a home-based
firearms mail order/repair business for six years at his current location. He explained
that he has customer contact on site by appointment only. He said on average, he
conducts approximately four sales per month.
Tom Buelow, 2881 North Ridge Drive, said that he is the closest neighbor to the
property at 2891 Northridge Drive. He said that he sees no danger with the firearms
mail order and repair business since it is regulated by the ATF. He said that there is
potential for additional traffic and impact on property value in the neighborhood. He
said that there are several renters who reside at the property at 2891 Northridge Drive
that currently create parking issues in the neighborhood.
Jim Lansing, 2890 Northridge Drive, explained that he is the neighbor on the opposite
side of 2811 North Ride Drive property. He said he has concerns with property value.
He said that he did not see any real detriment created by the firearms business, and
that it would be good to see younger people in the neighborhood. He said that it would
be nice to hear from other neighbors in the Phyllrich Drive neighborhood regarding Mr.
McNamer's current property.
Staff Member Wernimont read a letter into the record from Ron Turner who resides at
1866 Phyllrich Drive.
Bill Rhomberg, 2825 Northridge Drive, said that he is a long-term resident of the
neighborhood, and that he welcomes new neighbors. He said that there is not a lot of
traffic to the existing property at this time.
Dave Feltes, 2830 Northridge Drive, said that he had concerns with traffic generated by
a business in the neighborhood. He asked what will happen if the business becomes
very popular and expands. He also asked if Mr. McNamer would be selling assault
rifles, and what the requirements for a background check are.
Lou Fautsch, 2833 Northridge Drive, said that he was surprised that selling firearms is a
legal home occupation. He expressed concerns with traffic and undesirable individuals
who may visit the premises.
Harold Styer, 2845 Northridge Drive, said he is opposed to the business.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 3
Jim Seitz, 2837 Northridge Drive, said he wanted some clarification with regard to retail
sales and what happens if the business activity increases and there are more frequent
visitors.
Mr. McNamer said that he will not repair firearms. He said that the property will have no
signs and the FBI does background checks on all customers who will be purchasing
firearms. He said his business generates very little traffic and most of his business is
with hunters and sportsmen. He said he does not maintain an inventory and that
purchases will be delivered to the home and stored in a gun safe for a short time until
the customer clears a background check and can pick-up the firearm. He said he does
not anticipate any increase in his business volume.
Staff Member Wernimont presented the staff report. He noted that 2011 Zoning Board
of Adjustment approval for Mr. McNamer's operation at his present address on Phyllrich
Drive. He explained the conditional use permit criteria for a home-based business. He
said that if a home-based business is not listed as permitted or prohibited, that a
conditional use permit can be applied for. He explained that conditional use permit
approval is tied to the land and does not follow the property owner, and hence the
reason for Mr. McNamer's application for a new conditional use permit. He explained
that the ATF requires zoning verification for a home-based firearms business prior to
issuance of a federal firearms license.
Board Member Pope and Chairperson McCoy said it appears that Mr. McNamer has a
good track record at his present location. They said they felt that the home-based
business meets the criteria for granting a conditional use permit.
Motion by Pope, seconded by Ahlvin, to approve a home-based firearms mail order and
repair business at 2891 Northridge Drive in an R-1 Single-Family Residential district.
Motion carried by the following vote: Aye — Ahlvin, Pope, Golombeski and McCoy; Nay
— None.
Docket 08-17/Special Exception: Application of Clyde Kay, Lot 16-18 Morgan
Subdivision (NW Corner of 16th & Cornell), to build a six-unit residence ten (10) feet
from the front property line (W. 16th Street & Cornell Street), twenty (20) feet required in
an R-3 Moderate Density Multi-Family Residential district.
Clyde Kay, 6081 Valleywood Court, Asbury, said that he would like to construct a six-
plex at this location. He said that under current regulations he could construct a six-plex
and have six curb cuts along 16th Street. He said that if he is approved, he could place
the six plex closer to the street, and put parking behind with garages located in the
lower level. He said driveway access would then be taken from Cornell Street, which
he said would eliminate the need for curb cuts along W. 16th Street.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 4
Vicky Klinkhammer, 1630 Cornell Street, said that she lives at the end of a dead-end
street. She said the 10-foot setback would be place the structure too close to her
property. She discussed photos of the site and location of the neighbors' houses. She
expressed concerns with storm water runoff. She discussed the property's history and
noted that the units will probably be rented to college students, who she said are not
good neighbors. She said Cornell Street is in bad shape and needs to have curb and
gutter installed.
Gary Schlosser, property owner of 1589 Cornell and 528 W. 16th Street, said he had
concerns with on-street parking and snow removal. He noted that the property is part of
a residential parking permit district.
Mr. Kay said that he understands the neighbors' concerns. He said he will be required
to meet the City's standards for parking, building construction and storm water
management. He said that by positioning the buildings closer to the street and taking
access off Cornell Street he will not be eliminating any on-street parking. He said that
this is important, given that this property is located in a residential parking permit
district. He said that he also may be required to put in curb and gutter along Cornell
Street.
Board Member Golombeski asked if there would be additional parking located behind
the structure. Mr. Kay said there would be approximately 40 feet of pavement behind
the building that will allow parking in the garage and immediately outside the garage
doors.
Staff Member Wernimont presented the staff report noting neighborhood concerns
regarding parking. He explained that the applicant is proposing to construct six units
either as laterally attached townhouses or as three duplexes. He said the off-street
parking requirement for a six-plex is 1 Y2 parking space per unit and two parking space
per unit for a duplex. He said that a sidewalk will be required to be installed along
W.1 6th Street. He said that there is currently enough lot area to accommodate six units.
He explained the setback requirements in the district, noting that the proposed structure
will be in keeping with neighboring residences. He said that off-street parking will be
accessed from Cornell Street. He noted that if additional curb cuts are installed along
16th Street much of the on-street parking would be removed from the existing residential
parking permit district. He discussed the definition of a single-family and the number of
tenants that could reside in a unit.
The Board discussed the request, noting that the applicant is permitted by right to
construct a six-unit building or three duplexes at this location. They noted that the
proposed setbacks are in keeping with the adjacent residences and that the project will
not eliminate on-street parking.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 5
Motion by Pope, seconded by Golombeski, to approve the Special Exception as
submitted. Motion carried by the following vote: Aye — Ahlvin, Pope and McCoy and
Golombeski; Nay — None.
Docket 09-17/Variance: Application of the Dubuque Racing Association, 1855
Greyhound Park Road, to install six wall-mounted signs for a total of 696 square feet of
sign area, four signs and 400 square feet max permitted in a CR Commercial
Recreation district.
Brian Southwood, Vice-President of Grant & Special Projects for Dubuque Racing
Association, explained the request to the Board. He discussed the location of the
casino and other buildings on the Chaplain Schmitt Island. He discussed the history of
the previous and existing land uses. He said that the signage is needed to attract
people to the casino property. He said the property suffers a disadvantage because it
is located on an island and sits well below the grade of the freeway. He compared the
signage for the Dubuque Greyhound Park to what the Diamond Jo Casino has in the
Port-of-Dubuque.
No one spoke in opposition to the request.
Staff member Hemenway presented the staff report. He noted the amount of wall-
mounted signage that is allowed for the casino. He explained the variance request,
noting the square footage and location of the proposed wall-mounted signage. He
explained the previously approved sign variance request for the freestanding sign. He
noted the location of the freestanding signs and outlined the Sign Overlay District
(SOD) regulations.
Board member asked staff if the Sign Overlay District regulations apply to on-premise
signs. Staff member Hemenway said they apply to both on- and off-premise signs.
Chairperson McCoy asked about the free-standing sign and the previous sign variance
approval. Staff member Hemenway explained the previous sign variance request.
Board member Pope asked if they have any existing wall-mounted signage. Mr.
Southwood said that they do not have wall-mounted signage for the casino. Board
member Pope asked where the businesses (casino, restaurant, dog track, etc.)
entrances are located. Mr. Southwood noted the main entrance locations.
The Board reviewed the criteria for granting of a sign variance.
Board member Golombeski noted that the building has multiple businesses. She said
that she understands the need for the signs that face the freeway, but not the signs that
face the parking lot.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 6
Board member Alvin said he is more open to approving larger signs due to size of the
building and distance from the road than the number of signs.
Motion by Pope, seconded by Golombeski, to approve the sign variance as submitted.
Motion carried by the following vote: Aye — None.; Nay — Ahlvin, Pope, Golombeski and
McCoy.
Board member Alvin noted that the sign variance did not meet criteria 1 or 2. Board
member Golombeski noted the sign variance did not meet criteria 2. Board member
Pope noted the sign variance did not meet criteria 2, 4 or 5. Chairperson McCoy noted
the sign variance did not meet criteria 2, 4 or 5.
Docket 10-17/Conditional Use Permit: Application of the City of Dubuque for property
located along the South Fork of Catfish Creek (West of Cousins Road) to excavate
stream bank slopes to a two to one (2:1) slope or flatter and install Longitudinal Peaked
Stone Toe Protection (LDSTP) on outside of sharp bends along the South Fork of the
Catfish Creak West of Cousins Road. Section 16-6-4.12 of the City Code requires a
Conditional Use Permit prior to work commencing.
Note: Board member Keith Alvin left the meeting.
Staff member Kritz, representing the City of Dubuque, explained the request to the
Board. He said that the Unified Development Code's Flood Plain regulations require
that a conditional use permit be reviewed and approved by the Board. He said that the
City has received approval from the Iowa Department of Natural Resources and the
United States Army Corp of Engineers for the proposed bank stabilization project. He
explained the reason for the work and showed photos of bank erosion and bank
armoring.
No one spoke in opposition to the request.
Motion by Pope, seconded by Golombeski, to approve the Conditional Use Permit as
submitted. Motion carried by the following vote: Aye — Pope, McCoy and Golombeski;
Nay — None.
ITEMS FROM STAFF: Staff person Kritz discussed the Zoning Board of Adjustment By-
Laws noting that all Board and Commission By-Laws are being revised. He explained the
proposed changes to the By-Laws. Board member Pope asked that the sentence regarding
voting requirements remove the reference to majority because regardless of the number of
members present, three affirmative votes are required to pass a docket.
Motion by Pope, seconded by Golombeski, to approved the revised By-Laws.
Motion carried by the following vote: Aye — Pope, McCoy and Golombeski; Nay — None.
Zoning Board of Adjustment Minutes
February 23, 2017
Page 7
ITEMS FROM BOARD: Board member Pope thanked Staff for very thorough explanation
of staff reports.
71TEMS FROM PUBLIC:
ADJOURNMENT: The meeting adjourned at 6:38 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted