Minutes Zoning Bd Adj 10 24 02 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, October 24, 2002
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper
and Bill Felderman; Staff Members Guy Hemenway, Wally Wernimont and Kyle
Kritz.
ABSENT: None.
AFFIDAVIT OF COMPLIANCE: Staffpresented an Affidavit of Compliance veri~!ng the meeting
was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to order at 4:00 p.m.
DOCKET 65-02: Application of Sally Kahle/Jeffrey Morton for a special exception for property
located at 285 Bradley Street to build a garage 13 feet 4 inches from the front property line, 20
feet required, and 3 feet from the north side property line, 6 feet required, in an R-1 Single-Family
Residential zoning district.
Sally Kahle, 2040 S. Grandview, said that she wants to build an attached garage on a modest
house located on a small lot. She said she wants to improve the appearance of the residence
and the value of the property. She said she hired Jeff Morton to design the garage addition.
Jeff Morton, Morton Design, detailed the project, discussing the setbacks of the existing structure
and the proposed garage addition. He stated that this is a tough site because the lot is narrow
and the house is positioned close to both side lot lines. He stated that it would be difficult to build
a detached garage in the back yard because there is no alley access and not enough reom for a
driveway alongside the house. He discussed the site layout with Board members. He stated that
a new curb cut would be necessary for the proposed garage, and that the old curb cut would be
replaced with new curbing. Board Member Klauer asked about the distance from the garage to
the sidewalk. Mr. Morton stated that the distance is 21 feet. He stated that the garage would be
built flush with the north wall of the residence, which is 4'3" from the side property line. Board
Member Urell stated that the existing house is already non-conforming.
Jim and Diane McClain, 255 Bradley Street, said they object to the proposed garage because it
will block their view to the street. They distributed photos of their house to the Board. Mr.
McClain stated that there is 8'8" between his house and the property line. He said that a garage
at this location would limit his view from the kitchen. Diane McClain said she enjoys the view from
the kitchen and dining reom, which would be blocked by the garage wall. She stated this will
pose a security problem for their property.
Board Members reviewed the photos distributed by the neighbors. Sally Kahle stated that the
neighbor's primary view is to the golf course, not the street. She said that her house needs a
Minutes - Zoning Board of Adjustment
October 24, 2002
Page 2
garage or its value will be significantly diminished. She said she will add landscaping to beautify
the area around the garage. Jeff Morton stated there is 13 feet between the two residential
structures.
Staff Member Wemimont stated that the property has an existing curb cut with a two-stall parking
pad in front. He said if the application were approved, the property owner plans to remove the old
curb cut and replace it with curb and gutter. He said the garege will partially block the viewto the
street from the adjacent residence. He said that there currently is no public access to the rear of
the subject preperbj.
Board Member Klauer said that the garege will be built 6'8" into the required setback. He said
that an addition or a privacy fence could be built within 20 feet of the front property line. Board
Member Klauer read the criteria for granting a special exception. Board Membere Gasper and
Urell stated that they felt the request did not meet Criteda No. 4 because of the potential negative
impact on the value and use of the adjacent residential preperty.
Board Member Ruden said that Ms. Kahle should try to obtain a driveway easement from the
property owner to the south and place a garage in the rear yard. Board Member Ruden asked
Ms. Kahle if this will be her primary residence. She said that she did not live there currently and
that the house is rented. She said she may possibly move into it in the future.
Board Membere discussed options for building a garege at this location, including an easement to
the back yard for a detached garage. Board Member Klauer felt that there was no place else on
the lot to place a garage. Board Member Ruden stated that he felt the garage in the front would
be out of character with the neighborhood.
Motion by Gasper, seconded by Urell, to approve the special exception application as submitted.
Motion was denied by the following vote: Aye - None; Nay - Ruden, Klauer, Urelt, Gasper and
Felderman.
DOCKET 68-02: Application of David & Janet Banwarth for a special exception for property
located at 340 Sabula to build a seven foot high fence along the front preperty line (Sabula
Street), 4' high maximum permitted, in a R-1 Single-Family Residential zoning district.
David Banworth spoke in favor of his request, stating that he wishes to place a privacy fence
along what he said the City considere his front property line. He said this area actually serves as
a side yard. He said that a fence at this location will provide privacy for the side of his home and
for his front bedroom. He said the fence will screen this area from walk-through traffic. The
Board reviewed photos of the site.
Janet Wertzer, 355 Sabula Street, read a letter from her husband. In the letter, he stated that the
fence would block his view to the park. She said she feels that a five or six foot high fence would
be okay.
Minutes - Zoning Board of Adjustment
October 24, 2002
Page 3
Mr. Banworth said he would like to have a seven foot fence. The Board discussed a potential
compromise. Board Members felt that a seven-foot fence along the front of the house would help
increase privacy. Board Members said that, once past the house, the fence could be jogged down
to six feet for the remainder of the property. They said they felt that the view from the Wertzer's
house would not be limited.
Staff Member Wernimont described the property layout to Board members, stating that three
sides were bordered by a public right-of-way. He said the property owner wished to replace an
existing four foot high chain link fence with a seven foot high privacy fence. Board Members
discussed the request and agreed that the compromise solution was best.
Motion by Klauer, seconded by Felderman, to approve the request with the condition that a seven
foot high fence be permitted to a point perpendicular with the northwest corner of the house and
the remainder of the fence be six feet high. Motion carried by the following vote: Aye - Ruden,
Klauer, Urell, Gasper and Felderman; Nay - None.
DOCKET 69-02: Application of John Beecher for a special exception for property located at 2543
W. 32nd Street to build a 26 foot by 36 foot detached garage for a total of 1,560 square feet of
accessory structures, 1,000 square foot maximum permitted, in an R-1 Single-Family Residential
zoning district.
John Beecher presented his application. He noted that he owns five acres and would like to
construct a 26' by 36' detached workshop. He said that the building will sit behind his house and
be used as a workshop and for storage.
Staff distributed photos of the site to the Board. The Board discussed the location of the garage
on the site. Mrs. Beecher noted that 1,560 square feet includes an existing garage and a small
pump house.
Staff Member Hemenway outlined the staff report, noting the total square footage for all accessory
structures on the site. He also noted the setback of the proposed workshop from the front and
side property lines, the size of the property, and existing vegetative screening along the proposed
garage site. He stated that no ddveway would be required for this workshop because it will not
have garage doors. The Board Members felt the garage would have very limited impact on public
safety or adjacent residential properties.
Motion by Urell, seconded by Klauer, to approve the special exception request as submitted.
Motion carded by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay-
None.
DOCKET 71-02: Application of Evgueni & Olga Kazberouk for a special exception for property
located at 2578 Elm Street to build a 24 foot by 24 foot detached garage, for a total of 1,200
Minutes - Zoning Board of Adjustment
October 24, 2002
Page 4
square feet of accessory structures, 1,000 square foot maximum permitted, 1 foot from the north
side property line 6 feet required, in an R-2 Two-Family Residential zoning district.
Evgueni Kazberouk presented his application to the Board. He distributed photos of the site and
placed a diagram showing the garage layout on the board. He stated that the garage would not
be visible from the street because it would be blocked by adjacent structures. He stated that the
neighbors that will be encroached on to the north had no objection to the proposed garage.
Staff Member Hemenway presented the staff report. He noted the setbacks of the existing
residential structures and how access to the garage would be gained. He stated that the property
owner could place the garage in the front yard, but that this would be out of character with
adjacent residences.
Board Members reviewed the site layout and felt that the special exception request did not impact
public safety or adjacent residential properties.
Motion by Gasper, seconded by Felderman, to approve the special exception request as
submitted. Motion carded by the following vote: Aye - Ruden, Klauer, Urell, Gasper and
Felderman; Nay - None.
DOCKET 72-02: Application of Bruce Lammers for a special exception for property located at
4692 Camelot Drive to build a 10 foot by 15 foot storage shed 1 1/2 feet from the rear and south
side property lines, 6 feet required, in an R-1 Single-Family Residential zoning district.
Bruce Lammers stated that he wants to put a small shed in the corner of his back yard closer to
the rear and side property lines than currently permitted. He said that he spoke with adjacent
neighbors and they had no problem with his proposal. He stated that his property backs up to a
City storm water detention area. He distributed a letter of support from a neighbor at 4702
Camelot.
Staff Member Wernimont read the letter of support and mentioned a letter submitted by another
neighbor regarding existing covenants. He stated that the Board is not charged with
interpretation or review of private covenants. Board Members discussed the request and said
they feel the storage shed will have a very limited impact on adjacent properties.
Motion by Klauer, seconded by Urell, to approve the special exception as submitted. Motion
carried by the following vote: Aye - Ruden, Klauer, Urell, and Felderman; Nay -Gasper,
DOCKET 73-02: Application of William Kehl for a special exception for property located at
165 Devon Drive to build a 10 foot by 30 foot canopy enclosure, 3 feet from the south side
property line, 6 feet required, in an R-1 Single-Family Residential zoning district.
Minutes - Zoning Board of Adjustment
October 24, 2002
Page 5
William Kehl said that he parks his motor home besides his home on a paved pad and covers it
with a tarp. He said that he wants to build a temporary metal and plastic enclosure to protect the
camper from the elements and make it easy for him to store during the winter. He stated that the
neighbors across the street have signed a letter of support.
The Board reviewed photographs of the area. Staff Member Wernimont stated that the applicant
proposes to build a 10' by 30' canopy enclosure. He discussed the letters from adjacent property
owners. He said that the Building Services Department will have to review the temporary
enclosure to determine if it meets structural requirements. Board Member Ruden said he feels
that the temporary structure would impact the value of the adjacent property because it is no more
than a tent. Board Members Felderman and Klauer said that they feel that the enclosure will have
very limited impact on adjacent properties. Board Members discussed the possible impacts the
proposed enclosure would have on adjacent property.
Motion by Urell, seconded by Klauer, to approve the special exception as submitted. Motion
carried by the following vote: Aye - Klauer, Urell and Felderman; Nay - Gasper and Ruden.
DOCKET 66-02: Application of Larry Weitz Sign Systems/Premier Cleaners for a variance
for property located at 461 W. 9= Street to install a 57 square foot wall-mounted sign, for a
total of 3 wall-mounted signs, 2 signs maximum permitted, in an C-4 Downtown Commercial
zoning district.
Linda Southwood discussed the property history and current ownership. She described the
location of the business and the property layout relative to the street. She distributed photos of
the site, noting the location of signage on the building.
The Board discussed the allocation of the existing signs. Staff Member Hemenway presented the
staff report. He noted the existing signage and stated that this property has two frontages and are
allowed two signs where most businesses in a C-4 district are allowed one sign. He noted the
sign requirements for the C-4 district. He stated that the applicant could remove an existing sign
and place the second sign anywhere else on the building. He recommended that the Board
review the criteria for granting a variance.
The Board discussed the hardship criteria required for a variance. Board Member Klauer said he
feels that the building does not have a hardship, but that he was prone to approve the request
anyway. Chairperson Ruden stated he feels that the building has a hardship.
Motion by Gasper, seconded by Klauer, to approve the variance as submitted. Motion carried by
the following vote: Aye - Ruden, Klauer and Gasper; Nay - Urell and Felderman.
DOCKET 67-02: Application of Larry Weitz Sign Systems/Junior Achievement for a variance for
property located at 2255 John F. Kennedy Road to install a canopy sign with a 41 ~ projection, 18"
maximum permitted, in a C-2 Neighborhood Commercial zoning district.
Minutes- Zoning Board of Adjustment
October 24, 2002
Page 6
Jill Hockins, representing Junior Achievement, noted that there is a 41" walkway above the
doorway. She stated that Junior Achievement wants to remove an existing awning and replace it
with a new awning that will help keep water and snow off the entryway. She distributed photos of
the site to the Board.
Staff Member Hemenway presented the staff report, noting that the original sign canopy was
installed without a sign permit. He noted the sign requirements, stating that wall signage cannot
project more than 18". He said he felt this requirement should not apply to canopy signage. He
stated that staff is considering a text amendment to permit standard canopy signage. Board
Members reviewed the requirements for granting a variance, and stated they feel it meets said
requirements.
Motion by Urell, seconded by Klauer, to approve as submitted. Motion carried by the following
vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None.
DOCKET 70-02: Application of Bums & Bums, LC/Area Residential Care for a conditional use
permit for property described as Lot 1-5 of Herrig's JFK Addition at the end of Kennedy Cimle to
construct a 16-unit residence for persons with disabilities.
Bob Burns introduced Jori Romaine of Area Residential Care. Mr. Burns discussed the project
and the necessity for a conditional use permit. He stated that the building will remain as a facility
for persons with disabilities. He said that Area Residential Care will staff the building 24/7 with
one office for the 16-unit building. He stated that he agreed with the conclusions of the staff
report.
Staff Member Kdtz explained the shared access easement with the adjacent property and
discussed the site plan with Board members. He stated that storm water detention would be
provided and that the facility would have a mini-bus turnaround. He stated that the property is
currently surrounded by commercial and multi-family development.
Board members reviewed the criteria for granting conditional use permits and felt that the
applicant met said criteria.
Motion by Urelt, seconded by Klauer, to approve the conditional use permit as submitted. Motion
carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the September 26, 2002, meeting and
Notices of Decision for Dockets 55-02, 56-02, 57-02, 5802, 59-02, 60-02, 61-02, 62-02, 63-02 and
64-02 were approved as submitted.
Minutes - Zoning Board of Adjustment
October 24, 2002
Page 7
Motion by Gasper, seconded by Urell, to approve the minutes and notices as submitted. Motion
carried by the following vote: Aye - Klauer, Urell, Gasper and Felderman; Nay - None; Abstain -
Ruden.
ADJOURNMENT: The meeting adjourned at 6:00 p.m.
Guy Hemenway, Assistant Planner Adopted