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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