Minutes_Zoning Board of Adjustment 10 26 17City of Dubuque
Copyrighted
November 6, 2017
Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Minutes of 10/12, 10/16; Civil Service
Commission of 10/10, Historic Preservation Commission of
10/19; Human Rights of 9/11, 9/25; Library Board of
Trustees of 8/24; Park and Recreation Commission of
10/10; Transit Advisory Board of 10/12; Zoning Board of
Adjustment of 10/26; Proofs of Publication for City Council
Proceedings of 1012, 1013, 10112, 10116; Proof of
Publication for List of Claims and Summary of Revenues
for Month Ending 9/30.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description
City Council Proceedings of 10/12/17
City Council Proceedings of 10/16/17
Civil Service Commission Minutes of 10/10/17
Historic Preservation Commission Minutes of 10/19/17
Human Rights Commission Minutes of 9/11/17
Human Rights Commission Minutes of 9/25/17
Library Board of Trustees Minutes of 8/24/17
Park and Recreation Commission Minutes of 10/10/17
Tranist Advisory Board of Minutes of 10/12/17
Zonng Board of Adjustment Minutes of 10/26/17
Proof of Publication for City Council Proceedings of
10/2/17
Proof of Publication for City Council Proceedings of
10/3/17
Proof of Publication for City Council Proceedings of
10/12/17
Proof of Publication for City Council Proceedings of
10/16/17
Proof of Publication for List of Claims and Summary of
Revenues for ME 9/30/17
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Documentation
Documentation
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THE CITY OF
DUB
E
Masterpiece on the Mississippi
Dubuque
1111-Amolualay
'11II'
2007.2012
2013.2017
1J
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, October 26, 2017
City Council Chamber, Historic Federal Building
Board Members Present: Board Members Keith Ahlvin, Bethany Golombeski, and
Joyce Pope; Staff Members Guy Hemenway, Wally Wernimont and Kyle Kritz.
Board Members Excused: Chairperson Jonathan McCoy and Board Member Jeff
Cremer.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Acting Chairperson Ahlvin 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: The minutes of the September 28, 2017 Zoning Board of Adjustment meeting
were approved unanimously as submitted.
Docket 41-17/Special Exception: Application of Jessica M. Mai, 2185 Marion Street,
to construct an attached garage/addition five (5) feet from the front property line, twenty
(20) feet minimum required, in an R-1 Single Family Residential zoning district.
Staff noted that the applicant asked that the request be tabled.
Motion by Pope, seconded by Golombeski, to table Docket 41-17 Special Exception
request for 2185 Marion Street. Motion carried by the following vote: Aye — Pope,
Golombeski and Ahlvin; Nay — None.
Docket 45-17/Special Exception: Application of Herb Klinkhammer, 2363 Trygg
Drive, to allow a 2.5 -foot side yard setback, six (6) feet required in an R-1 Single Family
Residential zoning district.
Staff noted that the applicant asked that the request be tabled.
Zoning Board of Adjustment Minutes Page 2
October 26, 2017
Motion by Pope, seconded by Golombeski, to table Docket 45-17 Special Exception
request for 2363 Trygg Street. Motion carried by the following vote: Aye — Pope,
Golombeski and Ahlvin; Nay — None.
Docket 46-17/Special Exception: Application of Joey Burds,190 Bluff Street, to cover
63 percent (%) of the lot with structures, 50 percent (%) maximum permitted and to
cover 88 percent (%) of the lot with impervious area, 80 percent (%) maximum
permitted, in an OR Office Residential zoning district.
Staff noted that the applicant asked that the request be tabled.
Motion by Pope, seconded by Golombeski, to table Docket 46-17 Special Exception
request for 190 Bluff Street. Motion carried by the following vote: Aye — Pope,
Golombeski and Ahlvin; Nay — None.
Docket 44-17/Special Exception: Application of Trevor Parks, Heather Glen (PIN #
15-02-152-034), to construct a single-family home 90 feet from the front property line,
50 feet maximum permitted, in an R-2 Two -Family Residential Zoning district.
Trevor Parks, 1845 Red Hall Road, Mt. Vernon, Iowa stated that he represents the
property owners. He said that it was advantageous to place the structure farther back
than 50 feet, noting that there is fill and topography issues with the front of the lot. He
said that the lot is tapered and relatively narrow in the front. He said that a storm sewer
easement also limits where the house can be placed on the site.
Mary Liebfried, 731 June Drive, said she and her husband are building a house on the
adjacent lot. She distributed photos of the site showing the location of the proposed
subject residence. She said that she had concerns that the structure would be located
in their back yard and would compromise both their view to the valley and their privacy.
She said she felt the house as staked was 124 feet back from the curb versus the 90
feet stated.
Mr. Parks reviewed the photos of the site that were provided by the adjacent property
owners. He said that they are positioning the garage over as far as possible on the site
to provide additional room between the house and the adjacent lot. He said that the
garage would have windows on the side to improve the appearance of the house from
the neighboring property. He said they are placing the structure as close to the sewer
easement as possible. He said that the garage will help screen the adjacent residence
from the windows of the subject residence.
Staff Member Hemenway presented the staff report, noting that the applicants would be
bound by the submitted site plan that indicated a 90 -foot setback to the closest point of
the house. He said that the site has a topographic hardship and that the fill at the
beginning of the lot makes building there difficult. He said that the Fire Department has
reviewed the request and required that the driveway be built to fire code standards.
Zoning Board of Adjustment Minutes Page 3
October 26, 2017
Board Members discussed the request, noting that the position of the garage provides
some privacy from the adjacent lot. In response to a question from the Board, the
applicant noted that there is some wiggle room to build closer to both the side and front
property lines. Board Members reviewed the site diagram.
Board Member Ahlvin expressed concerns with the location of the house relative to the
adjacent property, noting that the privacy and view would be compromised.
In response to a question from Board Member Ahlvin, the adjacent property owner said
that if the house were to be shifted to 90 feet, they would not oppose the request.
Board Members discussed the request and felt that all the conditions established for a
Special Exception were satisfied.
Motion by Golombeski, seconded by Pope, to approve the Special Exception request
with the condition that the driveway access be built to City fire code standards. Motion
carried by the following vote: Aye — Pope, Golombeski and Ahlvin; Nay — None.
Docket 42-17/Special Exception: Application of Stanley & Carolyn Hewitt, 610
Greenfield Street, to construct a garage addition two (2) feet from the side property line,
six (6) feet required, in an R-1 Single Family Residential Zoning district.
Stanley and Carolyn Hewitt explained their request to the Board. They said they had
built an 8' by 8' storage shed attached to their garage and that the shed had been there
for 15 years. They said they had fenced their property. Mrs. Hewitt noted that the shed
is 33 inches from the property line.
Board Member Golombeski asked about the porch eave and the downspout that
appeared to be directed over the fence on to the adjacent lot.
Russ Hibben, 575 Kaufmann Avenue, said he has concerns with the discharge of storm
water from the roof of the applicant's property over the fence and onto his lot. He said
that the downspout had just been re-routed to correct the situation. He said that he has
no objection to the shed, but he is opposed to the applicant's gutters and downspout
emptying into his yard.
Board Members discussed requiring that the storm water be re -directed.
David Birch, 620 Greenfield, said that he did not object to the shed at the back of the
garage.
Board Member Ahlvin read a letter submitted by Camilla Wills, 575 Spring Green Court,
stating that she was not opposed to the request.
Zoning Board of Adjustment Minutes Page 4
October 26, 2017
The applicants noted that they had re-routed the downspout directing water back onto
their property.
Staff Member Hemenway presented the staff report. He noted that the shed did not
compromise public safety and had little effect on the use, value and enjoyment of the
residential property. He said that the Board can place conditions on approval that could
address the storm water issue.
Board Members discussed the request and felt it was contingent for the applicants to
direct storm water on to their own property.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request
with the condition that storm water be directed onto the subject property and not onto
the adjacent residential properties. Motion carried by the following vote: Aye — Pope,
Golombeski and Ahlvin; Nay — None.
Docket 43-17/Special Exception: Application of Chris & Joanie McDonough, 850
South Grandview Avenue, to construct an attached deck & swimming pool two (2) feet
from the north side property line and two (2) feet from the rear property line, six (6) feet
and twenty (20) feet required respectively, in an R-1 Single -Family Residential Zoning
district.
Chris and Joanie McDonough explained their request, noting that they had spoken with
the neighbors and that they did not oppose their project. They said that the deck would
abut a retaining wall that they are constructing along the north property line.
The Board discussed the location of the deck relative to the house.
No one spoke in opposition.
Staff Member Hemenway reviewed the request, noting that the rear yard setback for an
attached structure is 20 feet, whereas, if the pool and deck enclosure were to be
detached, the setback would be 6 feet. He said that the deck and pool as proposed
would have little impact on public safety, provided the pool was securely fenced as per
the City of Dubuque Building Code. He stated that the proposed deck and enclosure
should have very limited impact on the adjacent properties.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request as
submitted. Motion carried by the following vote: Aye — Pope, Golombeski and Ahlvin;
Nay — None.
Docket 47-17/Special Exception: Mark Mitchley,1430 Curtis Street, to allow a deck
one (1) foot from the front property line, 20' minimum required, in an R-1 Single -Family
Residential Zoning district.
Zoning Board of Adjustment Minutes Page 5
October 26, 2017
Mark Mitchely presented his request to the Board. He said he would like to build a 12'
by 20' deck, noting that the one side of the structure would be at grade and the other
would be approximately 2 feet above the lot. He said the deck would be 5 feet from the
edge of the sidewalk. He said that he spoke with his neighbors and he submitted a
photograph of an open style rail he said would not block the view from adjacent
properties.
Board Member Golombeski asked if the deck would be attached to the house. The
applicant said that the deck would be built two -feet from the house.
No one spoke in opposition.
Staff Member Hemenway presented the staff report. He referred to photos of the site
and said that the deck would be at grade on the west side and approximately 2 feet
above grade on the east side. He said that because the deck will be built close to the
ground and have an open railing, it should have limited impact on the view from
adjacent driveways or the front of neighboring homes. He said the Board could require
that the railing design be open.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request
with the condition that the deck railing design be open. Motion carried by the following
vote: Aye — Pope, Golombeski and Ahlvin; Nay — None.
ITEMS FROM STAFF:
ITEMS FROM BOARD:
ITEMS FROM PUBLIC:
ADJOURNMENT: The meeting adjourned at 5:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted