Minutes_Zoning Advisory Commission 6 7 17 Copyrighted
June 19, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 6/5, 6/12; Civil Service
Commission of 5/30; Library Board of Trustees Report
#161 of 5/25; Park and Recreation Commission of 5/9;
Zoning Advisory Commission of 6/7; Zoning Board of
Adjustment of 5/25; Proof of publication for City Council
Proceedings of 5/15, 5/12
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 6/5/17 Supporting Documentation
City Council Proceedings of 6/12/17 Supporting Documentation
Civil Service Commission Minutes of 5/30/17 Supporting Documentation
Library Board of Trustees Report#161 of 5/25/17 Supporting Documentation
Park and Recreation Commission Minutes of 5/9/17 Supporting Documentation
Zoning Advisory Commissin Minutes of 6/7/17 Supporting Documentation
Zoning Board of Adjustment Minutes of 5/25/17 Supporting Documentation
Proof of Publication of City Council Proceedings of Supporting Documentation
5/15/17
Proof of Publication of City Council Proceedings of Supporting Documentation
5/22/17
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday June 7, 2016
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Tom Henschel; Commission Members Pat
Norton, Rich Russell, Laura Roussell, Steve Baumhover and Michael Belmont; Staff
Members Kyle Kritz and Guy Hemenway.
Commissioners Excused: Martha Christ.
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: Motion by Belmont, seconded by Baumhover, to approve the minutes of the
May 3, 2017 Zoning Advisory Commission meeting. Motion carried by the following vote:
Aye — Norton, Russell, Baumhover, Belmont; and Henschel; Nay — None; Abstain -
Roussell.
ACTION ITEMS:
Plat of Survey: Application of Sarah L. Zenner to subdivide property located at 2427
West 32nd Street (Plat of Survey of D& E Rainbow Acres).
Sarah Zenner, 12246 Rupp Hollow Road, stated that she would like to re-plat the
property at 2427 West 32nd Street to facilitate the sale of the single-family home on the
property to her son. She introduced her brother, Greg Gottschalk.
Staff Member Kritz noted that Lot 1 has no frontage on a private or public street. He
described the lot location, current driveway access and zoning, noting that the house is
legally non-conforming as it is zoned Agricultural but there is no agricultural activity on
the site. He said that any future residential construction on the site would require
Zoning Board of Adjustment approval of a Special Exception for a residence located
more than 50 feet from the street frontage.
Zoning Advisory Commission minutes Page 2
June 7, 2017
Commissioner Belmont asked how a platted lot with no access easement could be
approved. Staff Member Kritz noted that there was an access easement indicated on
the submitted plat.
Commissioners discussed the request and felt it was appropriate.
Motion by Norton, seconded by Belmont, to approve the Plat of Survey of D & E
Rainbow Acres subject to waiving the lot frontage requirement for Lot 1 . Motion carried
by the following vote: Aye — Baumhover, Roussell, Norton, Russell, Belmont, and
Henschel; Nay — None.
Waiver: Application of Paul Kardatzke to waive Section 13-4.6B to allow a parking lot
landscape buffer, one (1) foot from the south property line, ten (10) feet required for
property located at 4800 Asbury Road.
Paul Kardatzke stated that he is the architect for the Culver's restaurant project, and he
introduced business owner Dick Adams. He stated that the additional parking lot area
was needed to accommodate an expansion of the facility that will add seating and
enlarge the lot to provide additional employee parking.
Mr. Adams said that there is currently 54 feet of green space between the edge of the
proposed parking lot and the right-of-way. He noted that there is a 30-foot wide
intervening lot owned by Asbury Plaza.
Staff Member Kritz reiterated that there is a 30-foot wide intervening lot between the
subject lot and the public right-of-way. He discussed the roadway configuration, noting
that further expansion of Asbury Road or the Northwest Arterial at this location is not
likely. He said that because of the large parkway and intervening lot, it will appear to
the motoring public that the parking lot meets the required setback.
Commissioner Russell expressed concerns with employee parking that he said would
back directly into the drive aisle.
Staff Member Kritz noted that as it is strictly employee parking it would be less
frequently used.
Commissioner Russell asked Mr. Adams for clarification regarding the number of
required parking spaces. Staff Member Kritz noted that the facility would be compliant
as it regarded required parking.
Commissioner Belmont said that he feels the 30-foot intervening lot mitigates the
reduced setback; therefore, it was appropriate.
Commissioner Russell said he still had concerns with vehicles backing directly into the
drive aisle.
Zoning Advisory Commission minutes Page 3
June 7, 2017
Commissioner Norton asked Mr. Adams if he could obtain a landscape easement from
the owners of Asbury Plaza. Mr. Adams said that Asbury Plaza management have not
responded after repeated attempts to contact them.
Commissioners discussed the request.
Motion by Baumhover, seconded by Belmont, to approve the waiver of Section 13-4.6
to allow the parking lot landscape buffer one foot from the south side property when 10
feet is required. Motion carried by the following vote: Aye — Baumhover, Roussell,
Norton and Belmont, and Henschel; Nay — Russell.
PUBLIC HEARINGS
Rezoning: Application of John Long to rezone property located at 970 Kirkwood (PIN#
10-23-429-036) from R-1 Single-Family Residential to R-2 Two-Family Residential to
accommodate a duplex.
John Long, 36787 River Point Court, Bellevue, Iowa, introduced his partner, Ron Reeg.
He said that the request is to rezone their property to R-2 to facilitate construction of a
duplex. He said that the neighboring residence is a duplex and that there is student
housing in the neighborhood. He said that the proposed duplex will have the required
amount of off-street parking.
John and Pam Hickey, 975 Kirkwood Street, spoke in opposition to the request. They
presented a petition with 9 signatures from adjacent property owners that they said
were opposed to the request. Mrs. Hickey noted the changing nature of the
neighborhood and said that if a duplex were to be placed at this location the additional
vehicles would consume on-street parking. She said that it is typical for college
students to have their own cars. Mr. Hickey discussed the volume of traffic along
Kirkwood during the school year. The Hickeys asked that the Commission deny the
request.
Ron Reeg said that he had worked at Loras College in the past. He said that because
of the house's proximity to the campus, most students would walk and only drive to go
shopping. He said that a duplex at this location would add very few vehicle trips to the
streets. He said that the house would have a brick and stone exterior to make it blend
in with the neighborhood and look appropriate. Mr. Reeg noted that several of the
houses in the neighborhood were owned by Loras College.
Staff Member Hemenway outlined the staff report. He noted that the applicants
intended to split the lot between their property and the adjacent residence at 930
Kirkwood Street. He stated for the record that Planning staff had received a petition
with nine signatures from seven adjacent property owners and an email from Mr. James
O'Dowd, all opposed to the rezoning request. He reviewed the surrounding zoning and
Zoning Advisory Commission minutes Page 4
June 7, 2017
land use, required off-street parking and stated that City parking requirements are
based on average usage. He noted that the required parking may not be sufficient to
meet the needs of each unit.
Commissioner Norton asked how it would be possible for the Commission to ensure
that a building is constructed in a manner compatible with the neighborhood.
Staff Member Hemenway noted that the property is not located in a historic
preservation district; therefore, there is no established architectural design criteria for
the neighborhood. He said that the exterior building treatments and design would have
to be submitted prior to a rezoning and then made a condition of a rezoning. He said
without that information the design would be very subjective.
Commissioner Norton noted the age of the neighborhood. He said that Kirkwood Street
is wide enough to accommodate any additional traffic potentially generated by a duplex.
Commissioner Belmont said he is opposed to the request because of the surrounding
single-family zoning. He said that he felt that a duplex would not provide a transition or
fit in with the neighborhood.
Commissioner Roussell said that she supports the arguments put forth by
Commissioner Belmont and that she has concerns with the number of potential
residents that could occupy the two units.
Commissioner Russell said that he felt the infill development was sustainable and that it
was appropriate. He said that he was in favor of the request.
Commissioner Baumhover said that he supports the request because he felt that the
streets were adequate to handle the additional traffic.
Motion by Baumhover, seconded by Russell, to approve the rezoning from R-1 Single-
Family Residential to R-2 Two-Family Residential District to accommodate a duplex.
Motion failed by the following vote: Aye — Baumhover, Russell, and Henschel; Nay -
Roussell, Norton and Belmont. (The motion was denied for lack of four affirmative
votes).
ITEMS FROM COMMISSION: None.
ITEMS FROM STAFF
Revised Bylaws: Staff Member Kritz noted that the past requests for revisions to the
bylaws have been made. He itemized the changes. Commissioners reviewed the
bylaws and felt they were adequate.
Zoning Advisory Commission minutes Page 5
June 7, 2017
Motion by Belmont, seconded by Russell, to approve the revised bylaws as submitted.
Motion carried by the following vote: Aye — Baumhover, Belmont, Roussell, Norton,
Russell, and Henschel; Nay -None.
ADJOURNMENT: Motion by Norton, seconded by Russell, to adjourn the June 5, 2017
Zoning Advisory Commission meeting. Motion carried by the following vote: Aye —
Baumhover, Belmont, Roussell, Norton, Russell, and Henschel; Nay -None.
The meeting adjourned at 6:50 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted