Minutes_Zoning Advisory Commission Copyrighted
July 17, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 7/5, 7/10, 7/11; City Council
Compensation Task Force of 6/26; Civil Service
Commission of 6/29; Community Development Advisory
Commission of 6/29; Historic Preservation Commission of
6/15; Library Board of Trustees Council Update#162 of
6/22; Long Range Planning Advisory Commission of 6/20;
Resilient Community Advisory Commission of 6/1 ; Transit
Advisory Board of 6/29; Zoning Board of Adjustment of
6/27; Proof of Publication for City Council Proceedings of
6/12, 6/19, 6/21; Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 5/31;
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 7/5/17 Supporting Documentation
City Council Proceedings of 7/10/17 Supporting Documentation
City Council Proceedings of 7/11/17 Supporting Documentation
City Council Compensation Task Force Minutes of Supporting Documentation
6/26/17
Civil Service Commission Minutes of 6/19/17 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 6/29/17
Historic Preservation Commission Minutes of 6/15/17 Supporting Documentation
Library Board of Trustees Minutes of 5/25/17 Supporting Documentation
Library Board of Trustees Update#162 of 6/22/17 Supporting Documentation
Long Range Planning Advisory Commission Minutes of Supporting Documentation
6/20/17
Resilient Community Advisory Commission Minutes of Supporting Documentation
6/1/17
Transit Advisory Board Minutes of 6/29/17 Supporting Documentation
Zoning Advisory Commission Minutes of 7/5/17 Supporting Documentation
Zoning Board of Adjustment Minutes of 6/22/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
6/12/17
Proof of Publication for City Council Proceedings of Supporting Documentation
619/17
Proof of Publication for City Council Proceedings of Supporting Documentation
6/21/17
Proof of Publication for List of Claims and Summary of Supporting Documentation
Revenues for ME 5/21/17
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, July 5, 2017
Aigler Auditorium, Carnegie Stout Public Library
360 W. 11ffi Street
Commissioners Present: Chairperson Tom Henschel; Commission Members Pat
Norton, Rich Russell, Laura Roussell, Steve Baumhover, Martha Christ, Tom Henschel
and Michael Belmont; Staff Members Kyle Kritz and Guy Hemenway.
Commissioners Excused: None.
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 Roussel], seconded by Norton, to approve the minutes of the
June 7, 2017 Zoning Advisory Commission meeting as submitted. Motion carried by
the following vote: Aye — Baumhover, Roussel], Norton, Russell, Belmont and
Henschel; Nay— None; Abstain — Christ.
ELECTION OF OFFICERS: Tom Henschel was unanimously appointed as
Chairperson; Martha Christ was unanimously appointed as Vice Chairperson, and
Laura Roussell was unanimously appointed as Secretary.
ACTION ITEMS
Plat of Survey: Application of Linwood Cemetery/Terry Koelker, Buesing & Associates,
to approve the Plat of Survey of Linwood — Burden Avenue Place No. 2 for property
located at 2735 Windsor Avenue.
Commissioner Norton recused himself.
Don Moody, 1840 Carter Road, representing the Linwood Cemetery Board, introduced
Jeff Carr, 2789 Wilson Street, property manager for Linwood Cemetery. Mr. Moody
said that Linwood Cemetery wishes to sell the caretaker's house, which he said is no
Zoning Advisory Commission Minutes Page 2
July 5, 2017
longer used, and retain the maintenance building located on the same lot. He said that
it is too costly to relocate the maintenance building, and the building itself has adequate
paved access.
Staff Member Kritz noted the request is to separate the maintenance facility from the
former caretaker's house. He said this was an unusual situation, and that garages in
residential districts are not allowed on separate lots. He said that the maintenance
facility is legally non-conforming because it is located in a residential district on a parcel
that is not abutting the cemetery. He said that if sold, the R-1 zoning would not allow
the maintenance building to be used for storage or other commercial purposes.
Staff Member Kritz said that it is Linwood Cemetery's intention to sell the caretaker's
house and maintain possession of the maintenance building. He recommended that
the Zoning Advisory Commission review the Plat of Survey of Linwood-Burden Avenue
Place No. 2 and recommend approval of the submitted Plat of Survey subject to waiving
the lot frontage requirements for Lot 1.
Commissioners discussed the request and felt it was appropriate.
Motion by Christ, seconded by Belmont, to approve the Plat of Survey of Linwood-
Burden Avenue Place No. 2 subject to waiving the lot frontage requirements for Lot 1.
Motion carried by the following vote: Aye — Baumhover, Christ, Roussell, Russell,
Belmont and Henschel; Nay— None' Abstain - Norton.
Plat of Survey: Application of the City of Dubuque to approve the Plat of Survey of Lot
1-1 of Lot 2-1 of Dubuque Industrial Center West 2nd Addition for property located on
Seippel Road, South of Chavenelle Road.
Staff Member Kritz said that he represented the City of Dubuque. He noted the location
of the subject property, and said a portion of the site would be developed for a
detention basin and that a portion of the property would be acquired by the County. He
said while Lot 2 of 1 will not have frontage, Lot 1 of 1 could still be developed in the
future as the City owns the property on the west and north sides of the subject parcel.
He recommended the Zoning Advisory Commission approve the Plat of Survey of Lot 1
of 1 and Lot 2 of 1 of Dubuque Industrial Center West 2nd Addition, subject to waiving
the lot frontage requirements for Lot 2 of 1.
Commissioners discussed the request and felt it was appropriate.
Motion by Baumhover, seconded by Roussel[, to approve the Plat of Survey of Lot 1-1
and Lot 2-1 of Dubuque Industrial Center West 2nd Addition subject to waiving the lot
frontage requirements for Lot 2 of 1. Motion carried by the following vote: Aye —
Baumhover, Christ, Roussel], Norton, Russell, Belmont and Henschel; Nay— None.
Zoning Advisory Commission Minutes Page 3
July 5, 2017
Final Plat: Application of Community Housing Initiatives, Inc. to approve the Final Plat
of East Dubuque No. 3 for property located at 232 E. 14th Street.
The applicant was not in attendance.
Staff Member Kritz noted that the proposed plat splits an existing four-unit multi-family
residential structure, that Community Housing Initiatives is in the process of rehabbing,
placing each unit on a separate lot. He said that the residential use is legally non-
conforming in the C-4 District because it does not have first floor commercial use;
however, replatting the property will not increase the non-conformity. He recommended
that the Zoning Advisory Commission approve the Final Plat of East Dubuque No. 3 as
it is in compliance with the Unified Development Code.
Commissioners discussed.the request and felt it was appropriate.
Motion by Christ, seconded by Roussell, to approve the Final Plat of East Dubuque No.
3 as submitted. Motion carried by the following vote: Aye — Baumhover, Christ,
Roussell, Norton, Russell, Belmont and Henschel; Nay— None.
PUBLIC HEARINGS
Rezoning: Application of Brian Lammers, 8180 Seippel Court, to rezone Lot 9 of
Seippel Road Commercial Park from CS Commercial Service and Wholesale to AG
Agricultural.
Brian Lammers, 8180 Seippel Court, reviewed his request, noting that the
development's septic system is at full capacity and that the subject property's
topography is such that a second septic system cannot be installed. He said that there
are no immediate plans by the City to extend sanitary sewer to the site. He said that he
would like to put the property back into agricultural production and that there is a person
who is interested in leasing the property for agricultural use.
Staff Member Hemenway reviewed the request, noting the surrounding land use and
zoning. He reviewed the permitted uses in both the Commercial Service and
Agricultural districts. He said that the closest residence is 375 feet away and is
buffered from any potential agricultural activity by buildings and landscaping. He said
that he received a call from an adjacent property owner and that she did not express
any concerns.
Commissioner Belmont asked if the CS District allows for row crops. Staff Member
Hemenway said that it does not.
Commissioners engaged in discussion of the viability of the existing zoning and if
zoning will be changed again in the future. Staff Member Hemenway said that it is
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July 5, 2017
always an option for a property owner to petition the Zoning Advisory Commission and
City Council to rezone property when the current use may not fit their needs.
Motion by Christ, seconded by Norton, to approve the rezoning of Lot 9 of Seippel Road
Commercial Park from CS Commercial Service and Wholesale District to AG
Agricultural District. Motion carried by the following vote: Aye — Baumhover, Christ,
Roussel[, Norton, Russell, Belmont and Henschel; Nay— None.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: Commissioner Roussell recommended that on Page 1 of
the By-Laws under Powers and Duties that Liaison to the Resiliency Commission be
added.
ITEMS FROM STAFF: Staff Member Kritz noted that the newly amended By-Laws
were attached. He said that there are no term limits for Commission's officeholders.
ADJOURNMENT: Motion by Christ, seconded by Norton, to adjourn. Motion carried by
the following vote: Aye — Baumhover, Christ, Roussel], Norton, Russell, Belmont and
Henschel; Nay— None. The meeting adjourned at 6:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted