Minutes_Zoning Board of Adjustment 7 27 17 Copyrighted
August 21, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable TV Commission of 8/2; City Council Proceedings of
8/7, 8/14; Civil Service Commission of 8/3; Five Flags Civic
Center Commission of 7/31; Historic Preservation
Commission of 7/20; Long Range Planning Advisory
Commission of 7/19; Zoning Advisory Commission of 8/2;
Zoning Board of Adjustment of 7/27; Proof of Publication
for City Council Proceedings of 8/1 , 8/2, 8/3; Proof of
Publication for List of Claims and Summary of Revenues
for Month Ending 6/30.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable 1V Commission Minutes of 8/2/17 Supporting Documentation
City Council Proceedings of 8/7/17 Supporting Documentation
City Council Proceedings of 8/14/17 Supporting Documentation
Civil Service Commission Minutes of 8/3/17 Supporting Documentation
Five Flags Civic Center Commission Minutes of 7/31/17 Supporting Documentation
Historic Preservation Commission Minutes of 7/20/17 Supporting Documentation
Long Range Planning Advisory Commission Minutes of Supporting Documentation
7/18/17
Zoning Advisory Commission Minutes of 8/2/17 Supporting Documentation
Zoning Board of Adjustment Minutes of 7/27/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
8/1/17
Proof of Publication for City Council Proceedings of Supporting Documentation
8/2/17
Proof of Publication for City Council Proceedings of Supporting Documentation
8/3/17
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 6/30/17
Dubuque
THE CITY OF
DUBB E
a JIF
Masterpiece on the Mississippi #. ,
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, July 27, 2017
City Council Chamber, Historic Federal Building
Board Members Present: Board Chair Jonathan McCoy; Board Members Keith
Ahlvin, Jeff Cremer and Bethany Golombeski; Staff Members Guy Hemenway and
Wally Wernimont.
Board Members Excused: Joyce Pope.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order 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 McCoy, seconded by Golombeski, to approve the minutes of the
June 22, 2017 Zoning Board of Adjustment meeting as submitted. Motion carried by the
following vote: Aye — McCoy, Cremer, Ahlvin, and Golombeski; Nay — None.
Docket 28-17 Special Exception: Application of Steven Lange, 1927 Lagen Street, to
build a 24' x 24' detached garage six (6) feet from the front property line (Lagen St.), 20'
minimum required, in an R-1 Single-Family Residential zoning district.
Steven Lange, 1927 Lagen Street, explained his request noting that he would like to
place the garage close to the Lagen Street frontage.
Staff Member Hemenway outlined the staff report noting that Lagen Street is curved
making the subject property a corner lot with two frontages. He said that the subject lot
has an existing attached two-car garage with driveway at the front of the residence
permitting vehicle parking by the front door. He said that the proposed detached garage
will not block the view to the street from the front of adjacent residences or their
driveways.
Board Members discussed the request and felt that it met the criteria for granting a
Special Exception.
Zoning Board of Adjustment Minutes Page 2
July 27, 2017
Motion by Cremer, seconded by Ahlvin, to approve the Special Exception request as
submitted. The motion carried by the following vote: Aye — Cremer, Ahlvin,
Golombeski and McCoy; Nay — None.
Docket 29-17/Special Exception: Application of Patrick T. Hickson, 1575 Douglas
Street, to build a 16' x 7' open front porch five (5) feet from the front property line
(Douglas St.), 20' minimum required and one (1) foot from the westside property line, 6'
minimum required, in an R-1 Single-Family Residential zoning district.
Patrick Hickson, 1575 Douglas Street, said that he would like to build a front porch
attached to an existing concrete stoop. Board member Golombeski asked if the porch
would align with the side of the house. Mr. Hickson said that it would.
Board Chair McCoy asked if the porch would be of an open design. Mr. Hickson said
that the porch would be an open deck.
Staff Member Wernimont outlined the staff report referring to aerial photos of the site.
He noted the location of the existing concrete porch. He stated that the proposed porch
will be an open deck and will not block the view from adjacent residences. He
discussed the location of existing landscaping on the site.
Staff Member Wernimont said that the average of front yard setbacks provision in the
Unified Development Code would not be beneficial to Mr. Hickson in this circumstance.
He said that he did not perceive and negative impacts to the adjacent property provided
the porch remain of an open design. He said that Mr. Hickson would be bound by the
language of the request regarding the deck design.
Board Member Golombeski said that as the porch will align with the house and garage
that the request is appropriate.
Motion by Golombeski, seconded by Ahlvin, to approve the Special Exception request.
as submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Golombeski
and McCoy; Nay — None.
Docket 30-17/Special Exception: Application of Penny Storo, 1515 Elm Street, to
install a six (6) foot high fence in the front yard (Elm & E. 15th), four (4) foot maximum
permitted; and to install a swimming pool ten (10) feet from the front property lines (Elm
& E. 15th), 20 feet minimum required, in an R-3 Moderate Density Multi-Family
Residential Zoning district.
Penny Storo, 1515 Elm Street, said that her property is a corner lot with a 4-foot-high
picket fence that she would like to replace with a 6-foot-high privacy fence. She said
that her intent is to screen her property from adjacent unkempt commercial properties
and to secure her swimming pool and contain her dogs.
Zoning Board of Adjustment Minutes Page 3
July 27, 2017
Staff Member Wernimont detailed the request discussing the location of both the
existing picket fence and the proposed fence in relationship to the visibility triangle at
the intersection of Elm and 15th Streets. He stated that the Engineering Department
had reviewed the request for compliance with SUDAS standards for sight visibility. He
said that the fence had been angled to protect the view to the street from the driveway
of the adjacent residence.
Staff Member Wernimont noted that swimming pools and all other residential accessory
structures must meet the required setbacks. He said that, although the subject
property is zoned R-3, the neighborhood is similar to the adjacent R-2A properties that
have less stringent setback requirements. He discussed the building code
requirements for pool enclosures.
Board Chair McCoy asked if the applicant approved of the angled corner for the fence.
Staff Member Wernimont said that the applicant will be bound by the site diagram
indicating the fence location and configuration.
Board Members discussed the request and felt that it met the criteria for granting a
Special Exception.
Motion by Golombeski, seconded by Ahlvin, to approve the Special Exception request
as submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Golombeski
and McCoy; Nay — None.
Docket 31-17/Special Exception: Application of Jon and Lisa McGovern, 2347
Sunnyslope Drive, to erect a six (6) foot high fence along the Red Violet & Radford
Road frontages, four (4) feet maximum permitted, in an R-3 Moderate Density Multi-
Family Residential Zoning district.
Lisa McGovern, 2347 Sunnyslope Drive, said that she would like to fence her yard to
secure the outdoor play area for her daycare business.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report noting that the subject lot had three
frontages. He said that the adjacent residential properties were oriented toward
Sunnyslope Drive with their back yards facing Radford Road. He said that several of
the adjacent properties were granted special exceptions for privacy fences along their
rear property lines.
Staff Member Hemenway said that the proposed fence would help screen the subject
lot from the traffic noise along Radford Road, improve privacy for the property owner,
provide a secure play area for the children, not encroach on the visibility triangle and
not block the view from adjacent residences.
Zoning Board of Adjustment Minutes Page 4
July 27, 2017
Board Members discussed the request and felt that it met the criteria for granting a
Special Exception.
Motion by McCoy, seconded by Golombeski, to approve the Special Exception request
as submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Golombeski
and McCoy; Nay — None.
ADJOURNMENT: Motion by McCoy, seconded by Golombeski, to adjourn the July 27,
2017 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Cremer, Ahlvin, Golombeski and McCoy; Nay — None.
The meeting adjourned at 6:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted