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Zoning Text Amendment acces bldPlarming Services Department City 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org August 21, 2002 RE: Text Amendment Applicant: City of Dubuque Description: Amend Zoning Ordinance to permit second level structures. The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Assistant Planner Guy Hemenway reviewed the request, noting that the proposed change will allow a greater degree of flexibility to help homeowners design accessory structures in scale and character with historic homes and large lots. Accessory structures that exceed height and square footage requirements would still have to be reviewed and approved by the Zoning Board of Adjustment. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the proposed change allows for more flexibility while providing adjacent property owners with notification through the special exception process. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission ~ervtce People hateomSty Responsibglty ttmovation Tea~rtwork PLANNTNG APPL/CAT~ON FORM Qty of Dubuque Planning Services DepartTnent Dubuque, ZA 52001-4864 Phone: 563-589-4210 Fax: 563-589-422! ~ variance [] Condrdonal Use Permit D Appeal [] Special Exception ~ Limited Setback Waive~ D Re~oning [] Planned District ~ Preliminary Plat [] Ninor Rnal Plat ~ext Amendment [] Simple S'~e Plan [] Minor Site Plan [] Major Site Plan [] Major Rna[ Plat [] Simple Subdivision [3 Annexation D Temporary Use Permit [] Certificate of Economic Non-Viability ~ Certificate of Appropriateness [] Other: p_l~ true or urint leoiblv in ink Property owner(s): Fax Number: Applicant/Agent: atv of Dub,_~_,~ Address: 50 W. 13~ St. Fax Number: . City: State: Mobile/Cellular Number: Phone:. ~p: Phone: , 589-4210 City: ~ State: [A Zip:__.~ Mobile/Cellular Number: Site IocaMon/address: aw-wide residential districts. Existing zoning: N/A Proposed zoning: N/A Historic District: N/A Legal Description (Sidwdl parcel ID~ or lot number/block number/subdivision): Total property (lot) ama (square feet or acres):_ Describe proposal and reason necessa~/(attach a letter of explanation, if needed): ~ remove sinc;c l~/el limitation for ~-~-v st~'h ~es in residential zonine districts. CERTiFiCATiON: I/we, the undersigned, do hereby certify bhat: 1. The information submitted heroin is true and correct to t~e best of my/our knowledge and upon submittal becomes public record; Fees am not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. FOR OFF~CE USE ONLY - APPI..[CAT/ON SUBMZTTAL CHECKI.~ST Fee: None Received ~f: ~ Date: ,~'/?/~.~ Docket: D Site/sketch plan D Conceptual~'Development Plan DPhoto D Plat D Improvement plans [] Design review project description D Floor plan [3 Other: MEMORANDUM August 6, 2002 To: Zoning Advisory Commission From: Guy Hemenway, Assistant Planner Subject: Proposed Text Amendment to Remove Single-Level Limitation for Accessory Structures in Residential Zoning Districts Introduction The current Zoning Ordinance establishes standards that limit the square footage, height and setbacks of accessory structures in residential districts. The height of accessory structures in residential districts is limited 15 feet. Section 4-1.1 (C) of the Zoning Ordinance also states that no accessory building or structure shall exceed one floor level. Property owners who wish to build an accessory structure, such as a garage or storage building, in excess of 15 feet must apply for a special exception through the Zoning Board of Adjustment. The Zoning Board reviews the request in light of the structure's size, it's location on the lot and it's proximity to adjacent residences and the public right-of-way. Discussion Over the last several years, City staff has been approached by property owners with large lots, or with large homes in historic districts, that wish to build accessory structures in excess of 15 feet with a second floor level. Many of the designs submitted are carriage house style garages that often have peaked roofs and dormers. Currently, there is no way to accommodate these designs because of the single-level limitation. Although the Zoning Board of Adjustment can waive the 15-foot height limitation because it is a bulk standard, they cannot waive the limitation that restricts accessory structures to a single floor level. In order to allow construction of accessory structures that are sensitive to the architectural style, character, mass and scale of the existing residence, surrounding structures and the neighborhood, staff recommends that the single-floor level restriction for accessory structures in residential districts be eliminated. Property owners that wish to build accessory structures that exceed 15 feet in height, and one floor level, would Proposed Text Amendment 8/6/02 Page 2 still be required to apply for a special exception through the Zoning Board of Adjustment. The Special Exception process requires notification of all adjacent property owners and each request must meet a strict set of criteria. Also, although the structure may have a second floor level, it is still governed by current ordinance regulations that prohibit residential use and illegal commercial activity in accessory structures. These activities can occur in any accessory structure regardless of the number of floor levels. Recommendation In order to allow greater flexibility in design, to enable property owners to build structures that are in character with large residences, and to encourage appropriate development in historic districts staff recommends that the one floor level restriction be removed from Section 4-1.1 (C) of the zoning ordinance. Preparer: Laura Carstens, PlanninR Services ManaRer Address: 50W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. 70-02 AN ORDINANCE AMENDING SECTION 4-1.1(C) OF THE ZONING ORDINANCE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REMOVING THE PROVISION THAT STATES NO ACCESSORY BUILDING SHALL EXCEED ONE (1) FLOOR LEVEL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-1.1(c) of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by removing the provision that states no accessory building shall exceed one (1) floor level. (c)Accessory Building and Structure and Height Limitations. No accessory building or structure permitted by this Ordinance shall exceed one (1) floor level and a height of 15 feet measured from ground level, except that for wind generators, no rotating or moving portion of the structure shall be closer than 8 feet to ground level unless a 4-foot fence is provided around said structure regardless of whether or not a perimeter property fence is existing. (See diagram.) Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 3rd day of September ,2002. _______________________ Terrance M. Duggan, Mayor Attest: ___________________________ Jeanne F. Schneider, City Clerk