Minutes Zoning Bd of Adj 8 22 0 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, August 22, 2002
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:Chairperson Mike Ruden; Vice Chairperson Bill Gasper, Board Members
Randy Klauer, Jim Urell and Bill Felderman; Staff Members Wally
Wemimont and Kyle Kritz.
ABSENT: None.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to at 4:00 p.m.
DOCKET 48-02: Application of John & Mary O'Hara for a special exception for property
located at 1340 Belmont Street to build an 18 foot by 16 foot deck 1 foot frem the south
side property line, 6 feet required, in an R-2 Two-Family Residential zoning district.
John O'Hara presented his application to the Commission. He noted that the proposed
deck will be built along the existing building line of the house. Staff Member Wernimont
presented the staff report: He noted there is an existing 5' tall retaining wall, which is
located along the neighboring property. He noted that the deck will extend off the rear of
the home no higher than the existing retaining wall and will not encroach any further in the
rear yard than the existing retaining wall. Staff Member Wernimont noted that the
applicant stated that the deck will have a hand railing located around it as per the Building
Code and will not be enclosed. The Commission reviewed photos of the subject property
and properties on either side, and reviewed the topography of the site.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden;
Nay - None.
DOCKET 49-02: Application of Ted & Barbara Boffeli for a special exeption for property
located at 2115 Kleine Street to build a deck 5 feet from the front property line (Kleine
Street) and 16 feet from the front property line (Klingenberg Terrace), 20 feet required for
both setbacks, in an R-1 Single-Family Residential zoning district.
Ted Boffeli presented his application to the Commission. He explained how his house is
situated on the lot. Mr. Boffeli discussed that the deck actually will be an extension of an
existing deck and it will not be enclosed. He noted the deck will have a 3' hand railing
located around it as per the Building Code. The Commission discussed the location of the
lot and the proposed deck. Staff distributed aerial photos of the site. Staff Member Kritz
Minutes-Zoning Boar of Adjustment
August 22,2002
Page 2
presented the staff report, noting the deck will be within 5' of the right-of-way line. He
noted that several homes are closer to the street than the proposed deck. He indicated
that it appears that there is not a visibility problem at the intersection of Klingenberg
Terrance and Kleine Street. The Commission discussed the topography of the site and
determined the proposed special exception will not adversely impact adjacent residences.
Motion by Gasper, seconded by Klauer, to approve the application as submitted. Motion
carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden; Nay -
None.
DOCKET 50-02: Application of Chris Greibe for a special exception for property located at
1510 Adair Street to build a 20 foot by 24 foot detached garage 4 feet from the front
property line (Fillmore Street), 20 feet required, in an R-1 Single-Family Residential zoning
district.
Chris Greibe presented his application to the Commission. Staff provided photos of the
site and two letters of support from adjacent property owners for the proposed special
exception. The Commission discussed the location of the garage and how it is situated on
the lot. The applicant stated that there is a large tree located behind where the proposed
garage will be built which he would like to save. The Commission discussed that the
property is located on a dead-end street at this location. Staff Member Kritz reviewed the
staff report, noting that a vehicle parked in the driveway may project over the sidewalk;
however, because it is on a dead-end street, traffic does not appear to be a problem.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden;
Nay - None.
DOCKET 51-02: Application of Barry Lindahl for a special exception for property located
at 295 Villa Street to build a 35 foot by 25 foot attached garage 3 foot from the front
property line (Villa Street), 20 foot required, in an R-t Single-Family Residential zoning
district.
Barry Lindahl presented his application to the Commission. He noted he is applying for a
special exception to construct an attached garage, which will not encroach any closer to
the street than the existing home does. The Commission discussed the setbacks from the
street and sidewalk, and noted there appears to be enough room for a vehicle to park in
the driveway. Staff Member Kritz presented a staff report, noting that the garage will not
encroach any closer to the front property line than the existing home. Staff presented
photos of the site to the Commission.
Motion by Gasper, seconded by Klauer, to approve the special exception as submitted.
Motion carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden;
Nay - None.
Minutes - Zoning Board of Adjustment
August 22, 2002
Page 3
DOCKET 52-02: Application of Mike & Sue Burgmeyer for a special exception for property
located at 2025 Delaware Street to build an addition 5 feet from the front property line
(Delaware Street), 20 feet required, and 3 feet from the side property line, 6 feet required;
and to enclose an existing carport 5 feet from the front property line (Delaware Street) and
4 feet from the front property line (Alta Place) 20-foot required for both setbacks; and add a
story to the existing garage 3 feet from the side property lines, 6 feet required, and 19 feet
in height, 15 foot maximum permitted; and to cover 47% of the lot with structure, 40%
maximum allowed, in an R-1 Single-Family Residential zoning district.
Mike and Sue Burgmeyer presented their application to the Commission. The Commission
requested they explain the purpose of each component of their proposal. Mr. Burgmeyer
reported that he is proposing to build a small addition located on the front of the home,
which will not encroach any closer to the front property line or the side property line than
the existing home. He also noted he is proposing to screen in an existing carport to keep
blowing snow out of the carport. He also noted he is proposing to add another story to an
existing garage which will make the garage 19 feet high.
Roger and Mary Meyer, 1725 Alta Place, spoke in opposition to the proposed garage and
addition. They referred to the letters they had submitted to the Commission indicating that
the construction of the second story to the garage would affect their property value. They
also noted that the small addition to the front of the home would add additional storm water
run off to come down a swale, which drains onto their property.
Mr. Burgmeyer rebutted, noting that the small addition would add very little water and did
not believe he could direct water away from the swale to Delaware Street. The applicants
also noted that the proposed garage would be next to the neighbor's garage and there are
no windows on the adjacent neighbors garage. They explained that the addition to their
garage would improve the value of their property and their neighbor's property.
Staff Member Wemimont explained that the applicant received a previous special
exception to erect the carport. He reviewed all the applicant's proposals they are
submitting for a special exception. He also noted there were letters submitted to the
Commission, one from a realtor that indicated that the proposed garage addition would
affect the property value of the adjacent property. He also provided the zoning definition of
a single-story garage. The Board reviewed the letters submitted and photos of the site.
They reviewed standards for granting a special exception and felt that the two-level garage
would adversely impact the value of adjacent properties.
Motion by Gasper, seconded by Urell, to approve an addition 5' from the front property line
(Delaware Street) and 3' from the side property line, and to direct storm water runoff
towards Delaware Street and to enclose an existing carport with screens as shown in the
submitted drawing by the applicant, and to cover 47% of the lot with structure. Motion
carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden; Nay -
None.
Minutes-Zoning Boar of Adjustment
August 22,2002
Page 4
DOCKET 53-02: Application of Ralph Henry Sr. for a special exception for property
located at 502 Wilson Street to build a 28 foot by 26 foot detached garage, 3 feet from the
front property line (Wilson Street), 20 feet required, and 1 foot from the rear property line,
6 feet required, in an R-2A Alternate Two-Family Residential zoning district.
Ralph Henry, Sr. reviewed his application with the Board. He noted that he has visited
with all of his neighbors and they have no objection to the proposed special exception. Mr.
Henry reviewed the surrounding locations of the adjacent buildings relative to the
proposed garage. He indicated that he is unsure where the rear property line was located.
Staff Member Wernimont presented the staff report, and noted that the garage will help
screen the Oky-Doky convenience store from the residential properties. The Board
discussed the orientation, roof pitch, and height of the garage. The Board discussed that if
the garage will be located 1' from the rear property line, then the lot line should be
surveyed so the proposed garage does not encroach.
Motion by Gasper, seconded by Urell, to approve the special exception with the condition
the property line between 502 Wilson Street and the Oky-Doky property be surveyed.
Motion carried by the following vote: Aye - Urell, Gasper and Ruden; Nay - Klauer and
Felderman.
DOCKET 45-02: Application of Dubuque Community School District (tabled) for a
variance for property located at 1800 Clarke Drive IDubuque Senior High School) to build
a storage shed 6 feet from the front property line (Grandview Avenue), 20 feet req aired, in
an R-1 Single-Family Residential zoning district.
Robert S. White represented the Dubuque Community School District. He noted that the
proposed storage shed is actually an extension of the dugout located on the softball field.
He noted that the proposed storage shed will be built into the hillside and will not be higher
than the existing dugout.
Staff Member Wernimont reviewed the request, noting the addition would not impair
visibility along Grandview Avenue. Staff presented photos of the site and a topography
map. The Board reviewed the request and discussed whether the other dugout could be
added onto, and therefore a variance would not be necessary. Mr. White indicated that
the school district is proposing to extend this dugout because this is where they store all
the softball equipment.
Motion by Urell, seconded by Klauer, to approve the special exception as submitted.
Motion carried by the following vote: Aye - Klauer, Urell, Felderman, Gasper and Ruden;
Nay - None.
DOCKET 54-02: Application of Patricia Friedman/Lee Manor Investments, Ltd. for a
conditional use permit for property located at 1875-1895 University Avenue to allow a
carry-out restaurant in a C-2 Neighborhood Shopping Center District, in conjunction with a
rezoning request from C-1 to C-2.
Minutes- Zoning Board of Adjustment
August 22, 2002
Page 5
Pat Friedman, Prudential Fdedman Realty, and Janet Edwards representing Lee Manor
Investments, presented the application. Ms. Friedman referred to the property's history
and indicated that the property was being used for a carryout restaurant at one time. She
noted that the property will need to be rezoned from C-1 to C-2 and a carryout restaurant
is a conditional use in a C-2 zoning district. The applicants noted that the property would
be used for a coffee house. They indicated that they will initially be open from 6:00 a.m. to
10:00 a.m. for coffee and they may extend their hours, depending on demand. Mrs.
Friedman noted that the previous use was a carryout restaurant (Ducky Sweets).
Staff presented photos of the site to the Board. The applicants noted that they are aware
the parking requirements will need to be met for any permitted use in this building. The
Board discussed parking and access issues in regard to the lot and structure. Staff
Member Kritz indicated that the Board could set a condition that the visibility triangle be
maintained atthe corner. The Board discussed setting a condition that would require that
a barricade be placed in the visibility triangle to help alleviate traffic and access problems.
Elaine Cullen, 1970 Custer, spoke in opposition, based on parking and traffic issues.
Lydia Weiderander, representing Holy Trinity Lutheran Church, had concerns regarding
what permitted uses could be allowed on property that is zoned C-2.
Pat Friedman rebutted, noting that the property has limited uses. She noted that the
property will be required to meet the parking requirements.
Staff Member Kritz presented the staff report. He noted a carryout restaurant is a
conditional use in a C-2. He indicated that the property is zoned C-1 and that the
applicant is going before the Zoning Advisory Commission to request that it rezoned to
C-2. He indicated that the Board could place conditions on the property based on outside
seating and hours of operation. He also noted that in a motion, if they were to approve,
they should make it contingent upon rezoning to C-2. Board Member Urell discussed that
he felt the request does not meet the requirements of adequate access roads as stated in
the criteda for granting a variance. The Board discussed placing a barder to help maintain
the visibility triangle at the intersection.
Motion by Klauer, seconded by Felderrnan, to approve the conditional use permit with the
condition that the property be rezoned from C-1 to C-2 and a substantial parking barrier be
installed at the corner to maintain the visibility triangle. Motion carried by the following
vote: Aye - Klauer, Felderman and Ruden; Nay - Urell and Gasper
MINUTES & NOTICES OF DECISION: Motion by Gasper, seconded by Klauer, to approve
the minutes of the July 25, 2002 meeting and Notices of Decision for Dockets 46-02 and
47-02 as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Felderman,
Gasper and Ruden; Nay - None.
Minutes - Zoning Board of Adjustment
August 22, 2002
Page 6
ITEMS FROM STAFF: Proposed Text Amendment regarding Conditional Use Permit
Expiration Date. Staff Member Kritz discussed that a proposed text amendment to extend
the expiration of a conditional use permit from six months to two years and the Board could
grant an additional six-month extension. The Board indicated that they had no objection to
the proposed text amendment.
ITEMS FROM PUBLIC: Ralph Henry, Sr. addressed the Board, noting that he cannot
afford a survey for his property at 502 Wilson. He indicated that he knows where three
stakes are located on the property. The Board discussed that he should contact surveyors
located in the phone book to obtain a quote.
ADJOURNMENT: The meeting adjourned at 5:47 p.m.
__________________________ _______
Kyle L. Kritz, Associate Planner Adopted