Loading...
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