Minutes Zoning Board of Adjustment Regular SessionDubuque
THE CITY OF W
DUB E ,'IIf~
Mnsterpiece ott the Mississippi mm
MINUTES
ZONING BOARD OF AD]USTMENT
REGULAR SESSION
4:00 p.m., Tuesday, March 3, 2009
Majestic Room, Five Flags Civic Center
D
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer
and Jeff Cremer.
Board Members Excused: Board Members Bill Gibbs.
Staff Members Present: Guy Hemenway, Kyle Kritz and Wally Wernimont.
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 by Chairperson Ruden at 4:00 p.m.
MINUTES & NOTICES OF DECISION: Motion by Klauer, seconded by Cremer to
approve the minutes of the December 18, 2008 meeting. Motion carried by the following
vote: Aye -Klauer, Cremer and Ruden; Nay -None.
SPECIAL EXCEPTIONS
DOCKET 01-09: Application of Greg Prehm, GNP LLC, for a special exception for
property located at 1484/1486 Cornell Street to build a duplex on a 4,240 square foot
lot, 5,000 square feet minimum required, and to cover 45% of the lot with structure,
40% lot coverage maximum allowed, in an R-3 Moderate Density Multi-Family
Residential zoning district.
Greg Prehm, GNP LLC, explained his request to the Board.
Staff Member Hemenway distributed photos of the site to the Board.
Mr. Prehm explained that the duplex will have two off-street parking spaces for each
unit. The Board reviewed photos of the site.
The Board discussed the size of the lot.
Zoning Board of Adjustment
March 3, 2009
Page 2
Mr. Prehm estimated that the lot is approximately 42 feet by 100 feet. He explained
that the lot to the south contains asingle-family home and the lot to the north contains
a multi-family home. The Board discussed the footprint of the proposed duplex.
Staff Member Hemenway explained the building envelope area of the proposed lot.
The Board noted that the proposed duplex will meet current setback requirements.
Dave Shroeder, 1493 Cornell Street, spoke in opposition to the request. He said he has
issues with on-street parking in the neighborhood. He explained that the area is
located in a residential parking permit district.
Carlene Shroeder, 1493 Cornell Street, spoke in opposition to the request. She said
that the proposed curb cuts would remove approximately three to four off-street
parking spaces in the neighborhood.
Mr. Prehm addressed the neighbor's comments. He said that he has been a property
manager in the immediate area for five years. He said the duplex will provide the
required off-street parking.
Staff Member Hemenway presented the staff report. He explained the notification
process. He said that if the applicant was requesting a parking variance, staff would be
required to notify all property owners within 200 feet. He explained that this request is
a special exception request and therefore, staff is only required to notify properties that
are adjacent to the subject lot. Staff Member Hemenway said that the proposed
driveway will remove approximately two to three on-street parking spaces. He said that
due to the close proximity to adjacent buildings and topography of the site that he
would recommend that the applicant submit a site plan to show how storm water will
flow from the site.
Motion by Klauer, seconded by Cremer, to approve the special exception request, with
the condition that a site plan be submitted prior to commencement of development.
Motion denied by the following vote: Aye -None; Nay -Klauer, Cremer and Ruden.
DOCKET 02-09: Application of John & Lori Strub for a special exception for property
located at 2193 Suzanne Drive to build a 32 foot by 32 foot (1,024 square foot)
detached garage, 18 feet in height, 1,000 square feet and 15 feet maximum allowed,
and 4 feet from the north side property line, 6 feet required, in an R-1 Single-Family
Residential zoning district.
Zoning Board of Adjustment
March 3, 2009
Page 3
John Strub, 2193 Suzanne Drive, said that he wants to build a 32 foot by 32 foot
detached garage, 18 feet in height. He explained that the detached garage will be used
to store two vehicles, a boat, lawn mowers and that he likes to hang his bicycles from
the ceiling joists. He said that he will be extending his driveway from the front around
the side of his house to the garage.
Shane O'Brien, 2196 St. Celia spoke in opposition to the request. He said that an 18-
foot high garage will tower over his house and block the skyline. He said he has
concerns that the garage may be used for commercial purposes and that storm water
runoff will be an issue. He said that his neighbor expressed concerns regarding storm
water runoff.
Joe Gulyash, 2190 St. Celia, spoke in opposition to the request. He voiced concerns
with storm water runoff.
Chairperson Ruden discussed storm water management for the subject lot and
surrounding property.
Mr. O'Brien and Mr. Strub discussed surface water flow from the site.
Staff Member Wernimont discussed a previously approved Limited Setback Waiver. He
said that the proposed detached garage will be located at the rear of the property and
should have little impact on traffic safety. He said that the driveway will be required to
be paved and that the garage cannot be legally used for commercial purposes.
Chairperson Ruden questioned the building height and the pitch of the roof with the
applicant.
The Board read the criteria for granting a special exception request.
Chairperson Ruden said he feels that the special exception request meets the criteria.
Motion by Klauer, seconded by Cremer, to approve the special exception with the
condition that the garage have four downspouts, one located at each corner, to help
disperse storm water from the site. Motion carried by the following vote: Aye -Klauer,
Cremer and Ruden; Nay -None.
Zoning Board of Adjustment
March 3, 2009
Page 4
CONDITIONAL USE PERMITS:
DOCKET 03-09: Application of Steve Lampe/Marde (A partnership) for a conditional
use permit for property located at 2616 Windsor Avenue to reopen a restaurant in a C-1
Neighborhood Commercial zoning district.
Phil Mihalakis, 2602 Hacienda Drive, outlined the request for a conditional use permit.
He explained that Mr. Lampe wants to reopen the former Bar X Restaurant.
Staff Member Wernimont clarified the history of the property and the legal non-
conforming status of the business.
Mr. Mihalakis said that the property owner will put in new sidewalks and make the
business handicap accessible. He said Mr. Lampe will not be expanding the number of
chairs and tables in the existing building.
Linda Shaw, 2607 Windsor Avenue, spoke in favor of the request. She said that she
used to work at the restaurant. She explained that the Bar X operated more like a
restaurant than a bar. She said the food sales were well over 50% of the total revenue
generated by the business.
Linda Atkinson said that she will be the owner and operator of the restaurant. She
explained that the restaurant will be open until 10:00 p.m. on weekdays and until 11:00
p.m. on weekends.
Staff Member Wernimont outlined the staff report. He discussed the previous non-
conforming use of the property. He discussed the 50% sales/revenue rule as it relates
to the difference between a bar and a restaurant.
Motion by Klauer, seconded by Cremer, to approve the conditional use permit. Motion
carried by the following vote: Aye -Klauer, Cremer and Ruden; Nay -None.
DOCKET 04-09: Application of Pat Chew, Holiday Oil /Trevor Olson, Burlington
Trailways for a conditional use permit for property located at 400 Rhomberg Avenue to
open a passenger transfer facility in a C-2 Neighborhood Shopping Center zoning
district.
Trevor Olson, Burlington Trailways, spoke in favor of the request.
The Board discussed the proposed facility with the applicant.
Zoning Board of Adjustment
March 3, 2009
Page 5
Mr. Olson explained that the Burlington Trailways bus would enter the property from
Rhomberg Avenue and pull into the parking lot behind the building. He said the bus
would exit onto Garfield Avenue. He explained that there will be adequate area for
passenger pick up and drop off without blocking street traffic. He said that there are
parking stalls available for customer parking in the front of the building. He explained
that one employee will work at this site. He said that a majority of the people that take
Burlington Trailways are either dropped off by family or friends, or take public
transportation to the bus depot.
City Council Member, Ric Jones, spoke in favor of the request. He explained that the
City Council is in favor of this site. He said that the City plans to subsidize Burlington
Trailways' operation. He also explained that the neighborhood association is in favor of
the bus depot. He said that the site will more than likely be temporary until the City
builds an intermodal transit facility.
Linda Green, 421 Rhomberg Avenue, spoke in opposition to the request. She said that
she is a 50-year resident of the neighborhood. She said that there is not enough
parking on the site and that there are traffic issues with the Five-Point Intersection.
She said that there are new businesses in the area that will generate more traffic.
Dave McDermott, agent for Burlington Trailways, said that he will be the employee
operating the site. He said that approximately 5 people get on the bus for each
scheduled stop at the current site. He explained where employee parking will be on the
site and that in the past they average approximately four cars in the parking lot.
The Board discussed employee parking. Chairperson Ruden raised concerns with
customer parking located at the rear of the property where the bus will be stopping.
The Board discussed providing an employee parking spot at the rear of the building.
Dave McDermott and Trevor Olson said they are not opposed to limiting employee
parking to the rear of the lot only.
Staff Member Hemenway distributed an aerial photo of the site to the Board. He
explained the conditional use permit request. He discussed the parking layout and
explained that the property will meet the off-street parking requirements for a
passenger/transfer facility. He said that the current parking lot is not striped. He
recommended that, if approved, the Board require that the lot be striped.
Motion by Klauer, seconded by Cremer, to approve the conditional use permit with the
following conditions: 1) That the site parking is striped as submitted by staff; and 2)
Zoning Board of Adjustment
March 3, 2009
Page 6
that the one-car employee parking spot is striped. Motion carried by the following vote:
Aye -Klauer, Cremer and Ruden; Nay -None.
THE BOARD RECESSED FOR FIVE MINUTES.
VARIANCES:
DOCKET 05-09: Application of ]ay favors, Manager /Walgreens for a variance for
property located at 345 E. 20th Street to install a total of 7 signs (6 wall-mounted and 1
free-standing), with 311 total aggregate square feet, when 2 signs and 200 aggregate
square feet maximum are permitted in a C-2 Neighborhood Shopping Center zoning
district.
]ay favors, representing Walgreens, explained the request to the Board. He discussed
the location of the building on the site. He said that typically, the building would be set
back with parking in the front. He explained that the building location was moved to
the front at the request of the property owner and the neighborhood.
Peter Arling, 700 Locust Street, Suite 200, said he represents Walgreens. He referred
to materials that were included in the Board's packet. Mr. Arling debated the sign
requirements in a C-2 District. He explained how he interpreted the sign ordinance.
Mr. Arling said that the site is bordered by three streets. He said that Walgreens is
requesting additional signage on the building. Mr. Arling said that proposed signage
would be permitted if the Board were to following his interpretation of the sign
ordinance. He explained the location of the proposed wall-mounted signs. He
explained that the building was constructed toward the front property line in order to
accommodate the neighborhood. He said that the wall-mounted sign on the south
facade will not be visible while driving east on 20~' Street.
Chairperson Ruden questioned why you would place three signs on the south facade if
you cannot see them when you are driving on 20"' Street. Board Member Klauer noted
that when you travel on 20t" Street, you would be able to see the free-standing sign at
the intersection.
Mr. Arling explained that the space located between the Walgreens Store and the
opposite buildings on Washington Street is very tight and it will not be very effective to
place a sign on the west facade.
Board members discussed the view to Walgreens from various. locations. The Board
discussed the visibility of the free-standing sign from multiple locations.
Zoning Board of Adjustment
March 3, 2009
Page 7
Mr. favors explained that Walgreens wants more signs for marketing noting that some
people may not know that the business has a photo lab or a pharmacy.
The Board discussed signage locations from multiple vantage points.
Staff Member Hemenway said that the proposed Walgreens signs located on the south
and east facade are approximately 80 square feet in area and the other signs are
approximately 19 square feet each.
Mr. Arling said he feels it is difficult to view the signage on the east side of the building.
He referred to photos 3 and 4 located in the packet. He explained that while traveling
down Rhomberg Avenue, the gas canopy on the adjacent business blocks the view to
the building.
Board Member Klauer explained that he feels the east facade does not meet the
hardship requirement due to the visibility of the freestanding sign. Chairperson Ruden
explained that he is not opposed to allowing wall-mounted signage on the south and
east side; however, the number of signs on the building is excessive. The Board
discussed allowing 110 square feet of wall-mounted signs on the south and east fagade
and to allow 100 square feet for the free-standing sign.
Staff Member Hemenway explained the procedures for appealing staff interpretation.
He explained that the intent of the Zoning Ordinance is to balance a business' need to
advertise and the impact excessive signage has on the surrounding neighborhood. He
explained that the proposed free-standing sign will have an electronic message center
that they will be able to advertise all the products and services offered by Walgreens.
Board Member Klauer said that he received a letter at his home. He explained that
since all Board members did not receive it, he would disregard the comments made in
the letter.
Motion by Klauer, seconded by Cremer, to approve the sign variance, with the condition
that one wall-mounted sign not to exceed 110 square feet be permitted on the south
side of the building, and one wall-mounted sign not to exceed 110 square feet be
permitted on the east side of the building, and to allow an 82/2 square foot free-
standing sign. Motion carried by the following vote: Aye -Klauer, Cremer and Ruden;
Nay -None.
WORK SESSION: Unified Development Code: Article 6 Overlay Districts; Article 7
Supplemental Use Regulations, Article 8 ZBA Applications & Procedures; Article 9 ZAC
Zoning Board of Adjustment
March 3, 2009
Page 8
Applications & Procedures; Article 10 Historic Preservation; Article 16 Administrative
Procedures, and Article 17 Legal Status Provisions.
Staff Member Kritz review the proposed changes to the Unified Development Code. He
discussed the inclusion of wind energy conversion systems. Board Member Klauer
expressed concerns with wind generators located in a heavy industrial district. He
suggested that all wind energy conversion facilities in industrial districts be required to
obtain a conditional use permit from the Zoning Board of Adjustment.
ITEMS FROM STAFF:
Review Amendment of Bylaws
Chairperson Ruden signed the amended Bylaws.
ITEMS FROM BOARD:
The Board discussed how they should handle letters that are sent to them at home. Staff
explained that if Board member received letters at home they should be directed to staff to
be mailed with the Board packets so that all members are aware information has been
provided.
AD]OURNMENT: The meeting adjourned at 6:26 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
F:\USERS\Kmunson\WP\Boards-Commissions\ZBAUVIinutes\ZBA Minutes 2009~March 3, 2009.doc