Minutes Zoning Bd Adj 9 26 02 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thumday, September 26, 2002 ~
4:00 p.m.
Auditorium, Carnegie Stout Libraw
360 W. 11th Street, Dubuque, Iowa
PRESENT:
ABSENT:
Vice Chair Bill Gasper, Board Members Randy Klauer, Jim Urell, and
Bill Felderman; Staff Members Guy Hemenway, Kyle Kritz and Wally
Wernimont.
Chairperson Mike Ruden.
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 order at 4:01 p.m.
DOCKET 55-02: Application of Julia HiJ., 280 College Street, for a special exception to
build a 20 foot by 23 foot detached garage 4 feet from the front property line, 20 feet
required, in an R-1 Single-Family Residential zoning district.
Julie Hill discussed her proposal stating that she wants to build a garage because
parking on College Street is difficult and her car has been broken into. She stated that
her property slopes at the rear which makes locating the garage twenty feet back
difficult. Board members discussed the garage location, noting concerns that a vehicle
parked in front may extend across the sidewalk.
Conrad Coleman, 210 College Street, said he is the neighbor who owns the lot to the
south of Ms. Hill's proper-ry. He said he does not object to her proposal, and that there
are advantages to positioning the garage as requested. He said that the reduced
'setback will provide additional off-street parking during the snowy season. He said it
will also enhance the value of the adjacent properties.
Staff Member Wernimont outlined the staff report, stating that the garage will be 12-feet
from the curb, affording good visibility to both pedestrian and vehicular traffic. He said it
is not practical to park a car in froni of the garage because it would project into the
street. He said that the lot is steeply sloped at the back, making repositioning the
garage difficult. He recommended that, if approved, the Board require that storm water
be directed to College Street.
Motion by Urell, seconded by Klauer, to approve the request with the condition that
storm water be directed toward College Street. Motion was approved by the following
vote: Aye- Klauer, Urell. Gasper and Felderman; Nay- None.
DOCKET 57-02: Application of Kenneth & Jeffrey Birch, 668 University Avenue, for a
special exception to extend a building wall 0 feet from the west side property line, 4 feet
Minutes - Zoning Board of Adjustment
September 26, 2002
Page 2
required, and to extend a deck 18 inches from the west side property line. 4 feet
required, in an R-3 Multi-Family Residential zoning district.
Ken Birch presented his case. noting that there is an open walkway between his
property and his neighbor's home. He stated thai his house is built to the property line,
abutting the adjacent residence on the main level. He stated that he is requesting to
brick closed the openings so that he can expand his basement. He stated that he built
a new deck slightly outside of the footprint of the former porch.
Board Members discussed the location of the openings between the front and back of
the structure and the deck location. Board Members discussed access to the
neighboring property, specifically access to a basement door that is positioned under
the front porch. Mr. Birch stated that the deck is already built, but a portion could be
removed. In response to a question regarding storm water runoff, Mr. Birch stated that
he placed a 4-inch plastic pipe from the rear to the front of the structure to help channel
storm water.
Joe Healey, 2586 Crissy Drive, said that he owns the adjacent property at 676-682
University. He said he had concerns with drainage, stating that the enclosure would
dam up water, which would flow onto his property. He stated that he has an easement
by prescription along the east side of his building. Board Members asked if there was a
recorded easement. Mr. Healey responded that it is not recorded, but that there is an
easement by prescription. He said he is concerned with losing access to the building.
Todd Birch, said he is Ken Birch's son, and stated that the drain pipe will resolve the
drainage issue. Ken Birch stated that he would leave the underside of the deck open
and not inhibit access to the adjacent basement door.
Staff Member Hemenway presented the staff report. He noted that the applicant is
proposing to rebuild a porch closer to the north side property line than the previous
porch extended. He noted that the houses abut on the second stow, but that there is an
opening on the ground level. He noted that drainage flows through the opening. He
recommended that, if approved, the storm water be piped through from the back to the
front yard.
Board Members discussed the easement situation, stating that it is a civil matter and
that their responsibility is to review the special exception request in light of the cdteda
set forth in the ordinance. Board Members felt that adequate drainage should be
provided through the bricked enclosure.
Motion by Klauer, seconded by Urell, to approve the request with the condition that the
deck remain within the footprint of the odginal porch, and that adequate and free
drainage be provided from the rear to the front of the property. Motion was approved by
the following vote: Aye - Klauer, Urell, Gasper and Felderman; Nay - None.
Minutes - Zoning Board of Adjustment
September 26, 2002
Page 3
DOCKET 58-02: Application of Robert Cartmill, 505 Napier Street. for a special
exception to build a 24 foot by 30 foot attached garage 2 feet from the front property
line, 20 feet required, in an R-1 Single-Family Residential zoning district.
Robert Cartmill presented his application, stating that he wished to build an attached
garage along the west side of his house. He stated that he felt he had more property ~n
front of his house than indicated on the site diagram. The Board discussed the location
of the existing curb cut and the width of the right-of-way at this location. Mr. Cartmill
noted that his neighbors have no objection to his proposal.
Staff Member Hemenway presented his staff report, noting that the 30' by 24' detached
garage would have a 24.5' parkway at the front of the structure, which would allow
adequate area to park a vehicle without extending into the street. He noted that there
are no sidewalks at this location. He stated that Planning staff had received a letter
from two adjacent neighbors in support of Mr. Cartmill's request. He sated that the
garage would be built flush with the existing house as indicated on the site diagram.
Motion by Urell, seconded by Klauer, to approve the request as submitted. Motion was
approved by the following vote: Aye - Klauer, Urell, Gasper and Felderman: Nay -
None.
DOCKET 59-02: Application of Lance & Lenore Meyer, 1109 W. 32® Street. for a
special exception to build a 30 foot by 24 foot addition 13 feet from the front property
line, 20 feet required, in an R-1 Single-Family Residential zoning district.
Lance Meyer stated that he wanted to renovate a deteriorated porch and build a garage
addition on his house. He said that the addition would be built back further than other
residences in the neighborhood. He said he agreed to pave both the existing and the
new driveway as part of his project.
Staff Member Wernimont stated that there is an unusually wide parkway in front of the
applicant's property and that the garage would be set back over 30 feet from the paved
portion of the street. He reiterated the requirement to pave both driveways as part of
the building project.
Board Members discussed the building configuration and its setback from the street.
Motion by Urell, seconded by Klauer, to approve the request with the condition that both
the new and existing driveways be paved. Motion was approved by the following vote:
Aye - Klauer, Urell, Gasper and Felderman; Nay - None.
DOCKET 62-02: Application of Richard & Barb Brown, 634-636 Jefferson Street, for a
special exception to build a 30 foot by 6 foot deck 5 feet from the front property line
(Spruce Street), 20 feet required, in an R-3 Multi-Family Residential zoning district.
Ed Marinko, 2925 Shiras Avenue, said that he represents the Brown's, who live out of
town. He outlined the request for a 6' by 30' deck stating that it is needed for access to
Minutes - Zoning Board of Adjustment
September 26. 2002
Page 4
the side of the building. He discussed the building project, stating that there is a city
sidewalk very close to the residence.
Staff Member Wernimont discussed the building project, stating that the Historic
Preservation Commission has reviewed and approved the design for the building
improvements. He said that the deck will not extend closer to the property line than the
existing house, and will be approximately 24-inches high. Board Members felt that the
deck meets the criteria for granting a special exception.
Motion by Klauer, seconded by Felderman, to approve the request as submitted. Motion
was approved by the following vote: Aye - Klauer. Urell, Gasper and Felderman: Nay -
None.
DOCKET 64-02: Application of Matt & Birgit Morey, 540 Wilbur Street for a special
exception to build an 8 % foot Dy 20 foot porch 12 feet from the rear property line, 20
feet required, in an R-3 Moderate Density Multi-Family Residential zoning district.
Matt Morey spoke in favor of his request, stating that he has received Historic
Preservation Commission design approval. He outlined the building project and the
building configuration.
Staff Member Wemimont stated that the porch will not encroach closer to the rear lot
line than the existing house. He stated that this porch is being built as part of a more
comprehensive renovation of the building, which will include a new addition.
Motion by Klauer. seconded by Felderman, to approve the request as submitted.
Motion was approved by the following vote: Aye - Klauer, Urell, Gasper and
Felderman; Nay- None.
DOCKET 56-02: Application of Dave Ludovissy/Ludovissy & Associates, 787 West
Locust.-for a variance to install a wall-mounted sign with a 24-inch projection, 18 inches
maximum permitted, in an OR Office Residential zoning district.
The applicant was not in attendance. Staff Member Hemenway noted that under the
current zoning requirements, wall signage cannot project more than 18-inches. He
stated that the proposed canopy sign will project 6 inches farther, or a total of 24 inches
from the building wall. He stated that the additional projection would have very little
impact on public safety or on the adjacent residential properties. He noted that to erect
a functional canopy, a 24-inch minimum is required to shelter patrons of the business
from inclement weather as they leave or enter the doorway. Board Members felt that
the request met the criteria for granting a variance.
Motion by Urell. seconded by Felderman, to approve the request as submitted. Motion
was approved by the following vote: Aye -Urelt, Gasper and Felderman; Nay - None:
Abstain - Klauer.
Minutes - Zoning Board of Adjustment
September 26, 2002
Page 5
DOCKET 60-02: Application of Michael HoopedPerfection Oil Company, 285 Locust
Street, for a conditional use permit to open an automobile sales and service business in
a C-4 Downtown Commercial zoning district.
John Hooper, 2798 Kramer Park Circle, stated that he represents his son, Michael. He
stated that his son would like to open an automobile sales and service business at the
corner of 3rd and Locust Streets. He stated that he would like to address some
concerns raised in the staff report. He presented the Board with photos and a site
diagram indicating six display vehicles. He stated that there would be adequate room to
maneuver vehicles on the site and that the service bays will only be used to work on the
display vehicles, not as an auto repair shop. He stated that bay 1 would be used for
long-term work, bay 2 would be used for deafing and that the third bay would be used
for storage. He stated that the sign would direct people to use the remote parking lot for
customer parking.
Frank O'Connor, 555 Heritage Road, stated that he owns the property located just north
of the subject lot. He spoke in opposition to the request, noting that the corner of 3~
and Locust is a gateway for the America's River project, that there is heavy traffic and a
high incidence of accidents at this location. He said he feels that a car lot would not be
in keeping with the aesthetic and the renovation of this neighborhood.
Mr. Hopper stated that there is parking available behind the building. He stated that the
traffic generated by his car lot would be no greater than that generated by a gas station
at this location.
Staff Member Hemenway outlined the staff report, distributing photographs and an
aerial photo of the site. He discussed the site layout, including the 4,000 square foot lot,
with approximately 2,000 square feet of parking area in front. He stated that there is an
unlimited curb cut along both Locust and 3rd Streets. He stated that the applicant has
leased eight parking spaces off the site at a remote location on the corner of Bluff and
3~d Streets. He said it is often difficult for small auto sales dealerships to maintain a
small display area without sprawling onto adjacent property or the public right-of-way.
The Board reviewed the requirements for granting a conditional use permit. Board
Members Klauer and Urell stated that they felt the auto sales lot at this location did not
meet the requirements outlined in criteria number 6. Board Members discussed service
stations and other uses permitted in a C-4 district. Board Members felt that some of the
other uses may also generate parking and high traffic demands.
Motion by Klauer, seconded by Urell, to approve the conditional use permit as
submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer. Urell,
Gasper and Felderman.
DOCKET 61-02: Application of the City. of Dubuque, River's Edge Plaza, Port of
Dubuque for a conditional use permit to construct a 360 square foot pavilion on River's
Edge Plaza in the Port of Dubuque PUD Planned Unit Development.
Minutes - Zoning Board of Adjustment
September 26, 2002
Page 6
Staff Member Kritz, representing the City of Dubuque, reviewed the River's Edge Plaza
location, and outlined the proposed pavilion project for the Board. He said that the
Corps of Engineers and the DNR have already approved the proposal. ~le stated that
the pavilion was designed in such a manner as to minimize obstruction of flood flows
and is to adequately handle periodic inundation of the plaza area.
Board Members felt that the pavilion met the criteria for granting a conditional use.
Motion by Klauer, seconded by Felderman, to approve the request as permitted Motion
was approved by the following vote: Aye - Klauer, Urell, Gasper and Felderman; Nay -
None.
DOCKET 63-02: Application of Mark Tressel/Fountain Park LLC, 2728 Asbury Road.
for a conditional use permit to open a 180-seat restaurant with 25 employees in an CC
Office Commercial zoning district.
Mark Tressel said he represents Fountain Park, LLC and he introduced Mr. Bad
Kintzinger, who he said leases the property and plans to open a restaurant. Mr. Tressel
reviewed the Fountain Park complex, including the mix of office and commercial uses.
Bart Kintzinger, 2779 Chaney Road, said he wished to open an approximately 180-seat
restaurant, with dining and reception area. He said that the restaurant would be an
upscale American grill. Mr. Tressel mentioned that they are negotiating a lease with a
theater group for the basement area of the structure and may have dinner theater in the
future. He stated that Fountain Park has purchased the corner lot, which will be
developed for additional parking with an access off of Chaney Road.
Staff Member Kritz outlined the staff report, stating that the development has adequate
parking for a 180 seats restaurant and 25 employees. He stated that the restaurant
would be busy in the evenings when most office activity had ceased, freeing additional
parking. He stated there were 87 parking spaces within close proximity to the entrance
door to the restaurant and that other spaces are located throughout the complex.
Board Member Felderman stated that the secondary access onto Chaney Road is
important to facilitate traffic movement in this area. Board Members felt that the request
met the criteria for granting a conditional use in that adequate parking and access ~s
provided.
Motion by Urell, seconded by Felderman, to approve the request as submitted. Motion
was approved by the following vote: Aye - Klauer, Urell, Gasper and Felderman; Nay -
None.
MINUTES & NOTICES OF DECISION: The minutes of the August 22, 2002 meeting
and Notices of Decision for Dockets 45-02, 48-02, 49-02, 50-02, 51-02, 52-02. 53-02
and 54-02 were approved unanimously as submitted.
Minutes - Zoning Board of Adjustment
September 26, 2002
Page 7
ITEMS FROM STAFF:
Text amendment reqardin,q m~nimum lot sizes for auto sales and service.
Staff Member Hemenway outlined the memo regarding minimum lot size for car
dealerships. He stated that rationale behind minimum size. including the current
threshold for schools and mortuaries in residential districts. He stated that his
calculations were predicated on the 16-car display lot with area for traffic circulation,
customer and employee parking, green space, drainage and a maintenance building or
garage. Board Members discussed the proposal and said that they were in support of
the amendment. They said it was logical and addressed a need to restrict small car
lots, which are creating enforcement problems in the neighborhoods in the downtown.
Board Members stated that they felt that all lots should be contiguous, and that other
businesses that were located on the lot would be subtracted from the lot area.
Motion by Urell, seconded by Klauer, to request that staff proceed to the Zoning
Advisory Commission and City Council with the text amendment. Motion was approved
by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - None.
ADJOURNMENT: The meeting adjourned at 6:00 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted