Minutes_Zoning Advisory Commission 4 5 17 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, April 5, 2017
6:00 p.m.
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commissioners Rich Russell,
Laura Roussell, Steve Baumhover, Martha Christ, Michael Belmont and Tom Henschel;
Staff Members Kyle Kritz and Guy Hemenway.
Commissioners Excused: Pat Norton.
Commissioners Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:00 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: The minutes of the March 1 , 2017 meeting were approved unanimously as
submitted.
PUBLIC HEARING/REZONING: Application of Rick Ehrlich to rezone property located
at the northwest corner of Evergreen Street and Asbury Road from R-2 Two-Family
Residential to OR Office Residential.
Rick Ehrlich, 558 Mill Run, Dubuque, Iowa, said that his request is to rezone his
property from R-2 to Office Residential to allow a small office for his wife's realty
business. He said the building will be designed to appear residential so as to blend into
the neighborhood.
Gene Giesen, 3131 Asbury Road, said that he had been before the Commission
regarding this same property for three separate rezoning requests. He said that he
would like the property to remain residential, preferably even single-family residential.
He expressed concerns with the potential for increased traffic, commercial signage, and
the addition of curb cuts into the adjacent streets. He said he would like to see a
rendering of the building to determine what it would look like. He said he would prefer
the neighborhood to remain residential. He said that there is a high volume of traffic
along Asbury Road and he feels that the office would exacerbate this problem.
Minutes — Zoning Advisory Commission Page 2
April 5, 2017
Mr. Ehrlich noted that he had sent letters to the adjacent property owners and met with
several of the neighbors. He said that some stated that they would prefer to see an
office rather than a duplex at this location. He said that access to the site must comply
with SUDAS regulations, and that a site plan will be necessary to ensure that the
development meets all City standards.
Staff Member Hemenway discussed the two previous requests to rezone the subject
property. He noted receipt of a letter in opposition submitted by Ms. Holly Kamm, 3175
Asbury Road. He discussed the uses permitted in the OR District. He discussed the
standards for parking, setbacks, landscape buffers and the building footprint and
access which he said limit development of the subject lot due to its size and location.
He noted that access would likely be taken from the north end of the lot on Evergreen
Street to meet SUDAS requirements for separation from intersections. He discussed
existing vehicle trips along Asbury Road, noting that the permitted uses in the OR
district would add very little traffic to the overall trips along Asbury Road.
Commissioner Russell asked what signage would be permitted. Staff Member
Hemenway noted that that a 40-square foot, 10-foot high freestanding sign and a 16-
square foot wall-mounted sign would be permitted.
Commissioner Russell asked Mr. Ehrlich if the realty business would accept rental
properties. Mr. Ehrlich stated no.
Chairperson Henschel asked staff if this request could be considered a spot zoning.
Staff Member Hemenway discussed spot zoning. He said that determining if a request
was a spot zone was somewhat subjective.
Commissioner Russell discussed the preamble of the OR District, noting that these
types of residential and office uses should be located along heavily travel streets, and
that they serve as a transition between residential and commercial uses.
Commissioner Belmont said that he felt that the size of the lot constrains the amount
and intensity of uses that could be located on the property.
Commissioner Christ said that she was not comfortable with the request because of the
single-family nature of the neighborhood and because of the commercial signage that
would be allowed.
Commissioner Baumhover said that he felt that a realty office generates very little traffic
and demand for parking.
Commissioner Roussell discussed the purpose of the OR District, and said that she felt
that the applicant had done well in that there was very little neighborhood objection to
his request.
Minutes — Zoning Advisory Commission Page 3
April 5, 2017
Chairperson Henschel noted that there are other businesses located near the subject
lot, and he said he viewed the request favorably.
Commissioner Roussell asked about signage. Staff and Commissioners discussed the
likely location and orientation of commercial signage on the lot. Commissioners
discussed the potential for imposing signage restrictions.
Motion by Belmont, seconded by Roussell, to approve the rezoning request as
submitted. Motion carried by the following vote: Aye — Baumhover, Roussell, Russell,
Belmont and Henschel; Nay — Christ.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: Chairperson Henschel complimented Commissioner
Christ on making her concerns regarding the rezoning request known, stating that it is
much easier for him to impart this information to the City Council when Commissioners
articulate their position on a rezoning.
ITEMS FROM STAFF:
Review Bylaws: Staff Member Kritz noted the changes to the Bylaws and asked the
Commission for their input. Based on the input from Commissioners, Staff Member
Kritz said that he would make the minor changes requested and resubmit the Bylaws at
the next regular meeting.
Staff Member Kritz discussed the change regarding the prohibition of ex parte
communication between Commissioners and the public, noting that such discourse was
permitted for rezonings, but not for requests to create Planned Unit Developments.
Motion by Russell, seconded by Christ, to adjourn the meeting. Motion carried by the
following vote: Aye — Baumhover, Roussell, Christ, Russell, Belmont and Henschel;
Nay — None.
ADJOURNMENT: The meeting adjourned at 6:35 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted