Minutes Zonnig Board of Adjustment Regular SessionDubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF AD]USTMENT
REGULAR SESSION
4:00 p.m., Thursday, March 26, 2009
City Council Chamber, Historic Federal Building
Board Members Present: Board Members Randy Klauer, Jeff Cremer, Bill Gibbs and
Heath Hutchinson.
Board Members Excused: Chairperson Mike Ruden.
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 Vice Chairperson Randy Klauer at 4:00
p.m.
MINUTES: Motion by Cremer, seconded by Gibbs to approve the minutes of the March 3,
2009 meeting. Motion carried by the following vote: Aye -Klauer, Cremer and Gibbs; Nay -
None; Abstain -Hutchinson.
SPECIAL EXCEPTIONS
DOCKET 06-09: Application of Paul & Rhonda Kirkegaard for a special exception for
property located at 521/541 W. 3rd Street to split a lot creating 2 lots with 760 square feet
of area and 0 feet of frontage, 5,000 square feet and 50 feet minimum required
respectively; and to permit a 0 foot side yard setback for a legally non-conforming garage, 4
feet minimum required, in an R-3 Moderate Density Multi-Family Residential zoning district.
Paul and Rhonda Kirkegaard presented their request to the Board. They explained that in
the future, they will be selling the properties and moving. They said that they want to
divide the garages and split the lot so that one garage/lot can be sold along with 521 W. 3rd
Street and the other garage/lot can be sold along with 541 W. 3rd Street. They explained
the current ofF-street parking situation in the neighborhood. They reiterated that when the
lot is subdivided that they will sell ~/z of the garage to each property. They said that they
are proposing to demolish the existing garage and construct 2 two-car garages on the lot
with a common wall. He explained that the detached garages will provide off-street parking
for 521 and 541 W. 3rd Street. Mr. Kirkegaard presented a photo of the existing garage to
the Board. Board Member Gibbs asked about the turn-around located at the end of the
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 2
dead-end alley. The Board discussed with the applicant the existing parking configuratgn in
the neighborhood. The Board also asked about the current use of the properties. Mr.
Kirkegaard said that the two properties are single-family homes. He explained that the
detached garage currently is being used by the two singlefamily homes.
No one spoke in opposition to the request.
Staff Member Hemenway reiterated the special exception request He explained that the
applicants are proposing to subdivide a lot so detached garages can be used to provide
parking to the two single-family homes. He discussed the legal non-conforming status of
the garage. He explained requirements for lot sizeand required frontage. He explained
that the detached garage will provide parking to the adjacent properties andthat this will
allow them to meet the off-street parking requirements.
Vice Chairperson Klauer asked about parking requirement; for the single-family homes. He
asked if there is a way that the Board can place conditions that would require thateach half
of the detached garage be tied to the two single-family home lots. Staff Member
Hemenway said that the Board can place a condition on the lots that require that ~/z of the
subdivided lot is dedicated to each property. The Board discussed how this would be
recorded.
Motion by Gibbs, seconded by Cremer, to approve the special exception request to split a lot
creating.2 lots with 760 square feet of area and 0 feet of frontage, 5,000 square feet and 50
feet minimum required respectively; and to permit a 0 foot sideyard setback for a legally
non-conforming garage, 4 feet minimum required, in an F~3 Moderate Density MuItFFamily
Residential zoning district -with the following conditions: 1) That the City Building Inspector
inspect the new or rebuilt garage to determine structural soundness; and 2) that the east
1/2 of the lot be dedicated to the residence at 521 W. 3rd Street and the west 1/2 of the lot
be dedicated to the residence at 541 W. 3rd Street. Motion carried by the following vote:
Aye -Klauer, Cremer, Hutchinson and Gibbs; Nay -None.
DOCKET 07-09: Application of Kevin Brandel for a special exception for property located
at 2417 Broadway to build a 30 foot by 40 foot 1,200 square foot detached garage,
maximum 1,000 square feet permitted, in an f~1 Single-Family Residential zoning district.
The applicant requested, in writing, that his application be tabled.
Motion by Gibbs, seconded by Cremer, to table Docket 709 to a future meeting. Motion
carried by the following vote: Aye- Klauer, Cremer, Hutcheson and Gibbs; Nay- None.
DOCKET 08-09: Application of Michelle Mihalakis for a special exception for properly
located at 2160 Elm Street to construct an SRO 6 feet from the front property line (Elm
Street), 20 feet required, in an OR Office Residentid zoning district.
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 3
Michelle Mihalakis presented her application to the Board. She explained that shereceived
previous approval for construction of an SRO and now she is requesting to reposition it on
the lot in order to improve the solar exposure of the building. .
No one spoke in opposition to the request.
Staff Member Wernimont outlined the request. He discussed the previously approved
special exception. He explained that the building has been repositioned and, therefore,
requires approval of a new special-exception He said that the parking lot may be
reconfigured. He said that he spoke with the neighbors across Elm Street and that they are
not opposed to the request.
Motion by Gibbs, seconded by Cremer, to approve the special exception request to locatean
SRO 6 feet from the front property line (Elm Street), 20 feet required, in an OR Office
Residential district. Motion carried by the following vote: Aye- Klauer, Cremer, Hutchinson
and Gibbs; Nay -None.
DOCKET 09-09: Application of Tom Schreiber for a special exception for property located
at 416 Raymond Place to add a 2"d story addition over the existing house footprint, 6 feet
from the front property line, 20 feet required, in an F~3 Moderate Density MultfFamily
Residential zoning district.
Tom Schreiber spoke in favor of his request.
Staff Member Wernimont presented photosand a contour map of the site.
Mr. Schreiber said that he wants to add aone-story addition over the existing footprint of
the house. He explained that the first floorarea will be used for a garage. He discussed
the building layout and setbacks. He said that he would like to have the addition located
away from the bluff edge. He referred to approval of areduced setback for a six plex on
the adjacent property. He said on-street parking is limited in this neighborhood. He said
that the proposed second-story addition will not interfere with the viewsfrom adjacent
properties.
Sheila Frank, 1220 Miller Road, representing James & Leona Grant Trust, who own 413 and
415 Raymond Place, spoke in opposition to the request. She said views of the downtown
and the river would be blocked by the second story addition. She discussed ortstreet
parking and properly values in the neighborhood.
The Board discussed the elevation of the adjacent properties. Mr. Schreiber said his
addition will, not interfere with the view from the adjacent properties.
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 4
Staff Member Wernimont outlined the staff report. He discussed aerial photos and the
special exception granted to the adjacent properly for the six plex. He said that the
proposed structure will meet building height requirements. He explained that the addition
will have similar setbacks as the existing house andwill meet the side yard setback
Board Member Cremer asked about the build'ng height and its location. Staff Member
Wernimont explained that the maximum permitted building height in an R 3 Moderate
Density Multi-Family Residential zoning district is 30 feet. He explained how building height
is calculated. He said that no rendering has been submitted of the proposed building but
that the Board can require one.
Mr. Schreiber presented an architectural rendering of the proposed addition to the Board.
The Board reviewed the architectural rendering of the buildingand discussed various roof
designs.
Motion by Gibbs, seconded by Cremer, to approve the special exception for properly located
at 416 Raymond Place to add a 2"d story addition over the existing house footprint, 6 feet
from the front property line, 20 feet required, in an R-3 Moderate Density MultfFamily
Residential zoning district. Motion carried by the following vote: Aye- Klauer, Cremer,
Hutchinson and Gibbs; Nay- None.
DOCKET 10-09: Application of Thomas Kuhle for a special exception for property located
at 1500 N. Grandview to construct a decl~ 1 foot from the front properly line (Fillmore
Street) and build a 990 square foot garage, 750 feet maximum allowed, 4 feet from the
north and east side property lines, 6 feet required, in an F~1 Single-Family Residential
zoning district.
Thomas Kuhle said that he is proposing to tear down an existing detached garage and build
a new deck and a 30 foot by 33 foot detached garage. He said that the garage will be
located 4 feet from the north side properly linewith access to the alley. He said that, with
the addition of the deck to the house, the new building footprint will be larger than the
proposed garage.
Staff Member Wernimont presented photographs and aerial photos of the site to the Board.
He discussed the site layoutand alley access to the property. He explained that the
applicant is proposing to replace an existing small garage. He discussed dorm water runoff
for the site. He recommended thaiy if the Board approves the special exceptiort the existing
detached garage be removed.
Motion by Gibbs, seconded by Cremer, to approvethe special exception request to construct
a deck 1 foot from the front property line (Fillmore Street) and build a 990 square foot
garage, 750 feet maximum allowed, 4 feet from the north and east side property lines, 6
feet required, in an R 1Single-Family Residential zoning district, with the following
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 5
conditions: 1) That storm water be adequately managed; and 2) that the existing garage
be removed. Motion carried by the following vote: Aye- Klauer, Cremer, Hutchinson and
Gibbs; Nay -None.
CONDITIONAL USE PERMITS:
DOCKET 11-09: Application of ABC Learning Early Childcare/ Dennis Powers for a
conditional use permit for property located at 3100 Cedar Crest Ridge Ste. 3-5 to open a
licensed childcare center with 50 children and 10 employees on the maximum shift, in a G3
General Commercial zoning district.
Melissa Donovan, 3560 Lunar Drive, representing ABC Learning Early Childcare explained
her request to the Board. Shesaid that her contractor, Jim Bushman, is also present. She
explained that the site has adequate parking and droRoff area. She said that she has
received approval from the Fire Department, Building Department and the State for the
daycare.
The Board reviewed photos of the site.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He reiteratedthe conditional use
permit request. He explained that licensed child care centers require conditional use
permits. He discussed the difference between child care centers located in residential
districts and those located in commercial districts. He discussed the parking lot
configuration and drop-off area. He said that the submitted site plan shows a phased
development for 3100 Cedar Crest Ridge. Hediscussed the location of the outdoor play
area noting that, if the building is expanded, the play area will need to be relocated.
The Board reviewed the criteria for granting a conditional use permit.
Vice Chairperson Klauersaid that he felt that the request meets the criteria for granting a
conditional use permit.
Motion by Cremer, seconded by Gibbs, to approve a conditional use permit to allow a
licensed childcare center with 50 children and 10 employees on the maximum shift, in a G3
General Commercial zoning district, as submitted. Motion carried by the following vote:
Aye -Klauer, Cremer, Hutchinson and Gibbs; Nay -None.
DOCKET 12-09: Application of Radio Dubuque /Nativity Parish for a conditional use
permit for property located at 1225 Alta Vista to erect a 75 foot high radio communication
tower in an OS Office Services zoning district.
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 6
Tom Parsely, representing Radio Dubuque at 346 W. ~'' Street, presented the request to the
Board. He explained that the properly was rezoned to OS Office Services zoning district to
allow Radio Dubuque to construct a new office. He said that Radio Dubuque is the owner of
four radio stations. He said that they need a directline of sight to the four transmitters
located in Wisconsin and Iowa. He explained that the height of the tower needs to be
extended in order to transmit to a tower in East Dubuque, Illinois. He said that the tower
will not be painted red and white. He said that the tower will be a steel gray color. He
explained that the tower will not have guy wires and will not be required to be lit. He said
that the tower will be approximately 10 feet above the height of the church steeple He
said that the trees that will remain on the sits contrary to what is indicated on the site plan
The Board asked Mr. Parsely about the antennae location. Mr. Parsely said that there is an
existing antennae located on top of the building downtown. He explained that the existing
facility has a direct line of sight to the transmitting facilities in Kieler, Wisconsin and East
Dubuque, Illinois. He said that the line of sight to the transmitter on Highway 20 is limited
and that the signal is routed to it.
David Messner, 1339 Alta Vista Street, spoke in opposition to the request and presented a
petition with 109 signatures to the Board. He distributed a photoof a 75 foot tower. He
said that the proposed tower is out of character with the neighborhood. He said that the
tower is surrounded by residential development. He said that when Radio Dubuque initially
went through the rezoning process the neighbors expected that an antennae or satellite
dish would be located on top of the building, not a 75-foot high tower.
Dan McDonald, Greater Dubuque Development Corporation, 300 Main Street, spoke in favor
of the request. Mr. McDonald explained that Radio Dubuque has followed theappropriate
process for rezoning. He said that the Zoning Advisory Commission and City Council knew
that a tower would be required at this site. He said that Radio Dubuque provides a needed
service to the City.
Dirk Voetberg, 779 University Avenue, spoke in opposition to therequest. He said that
when the rezoning request was brought to the City Council, a 50-foot high antenna located
on the building was discussed. Mr. Voetberg said he is not opposed to having Radio
Dubuque at this location.
Bennett Cook, 1395 Alta Vista Street, spoke in opposition to the request.
Dina Kurt, 1070 Melrose Terrace and member of Nativity Parish, explained that she was not
aware of the tower proposal until Wednesday, March 25, 2009. She said she is opposed to
the height of the tower. She said that Father Thoman signed a contract or a document
permitting a 50-foot high tower. She explained that the tower they are proposing to
construct is within 1,000 feet from a historic preservation district. He said that the tower
would not be lit; however, that does not address safety requirements for helicopter flights
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 7
to Finley and Mercy Hospitals. She said that Finley Hospital was not aware of the proposed
tower. She expressed concerns with the tower casting shadows orko the adjacent
properties. She said that the tower does not fit with the residential character of the
neighborhood.
Connie Twining, 421 N. Booth Street, spoke in opposition to the request. She said she is a
member of Nativity Parish. She explained that she is not opposed to Radio LLbuque;
however, she is opposed to the height of the tower. She said that the tower will diminish
properly values.
Board Member Gibbs asked if there is a school located in the neighborhood. Ms. Twining
said that Nativity Parish no longer operates a school; however hand in hand preschool is
located across the street from the proposed site.
Mike Gibson, 160 S. Grandview Avenue, spoke in opposition to the request. He referred to
previous rezoning attempts for the property. He said that he is in favor of Radio Dubuque's
project and is excited to have it at this location. He said that he was not aware of the
proposed tower until last week. He referred to a letterthat he submitted. He explained that
he has concerns regarding lighting strikes, the proximity to the school and daycare, and the
safety of the flight paths for medical flights to the hospitals. He also discussed thepotential
impact of the tower on the skyline as viewed from the river.
Jim Gonyier, 935 Oxford Street, explained that he is happy that the trees will remain on the
site. He said that at the Zoning Advisory Commission meeting, a 54foot tower was
discussed. He wondered if the radio tower in East Dubuque, Illinois could be raised instead
of raising the tower at this location.
Cindy Steinhauser, 450 Alpine Street, spoke inopposition to the request. She said that the
City Council felt that the discussion only included a 5afoot high tower. She said that she
was not aware that a satellite dish would be located on the tower. She discussed heights of
structures in the neighborhood. She explained that a 50-foot high antenna would be
tolerable, because of the height of the adjacent structures. She discussed possible
partnerships with the owners of taller structures located in the neighborhood that may
accommodate the tower.
Board Member Gibbs asked about the building located across Alta Vista Street from the
proposed site. Ms. Steinhauser said that thebuilding is the Visitation owned by Loras
College.
Marilyn Taylor, 1340 Alta Vista Street, spoke in opposition to the request. Shesaid she has
concerns about access to the tower from the ground. Shesaid that she would like to see a
security fence placed around the tower.
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 8
Robert Hess, 1690 Alicia Street, said he is a real estate professional. He said that the 75-
foot tower located in the neighborhood will have an adverse impact on the adjacent
properties. Vice Chairperson Klauer asked about marketing property in a neighborhood
where a tower is built. Mr. Hess said that he has been with people who do not wait to
purchase property close to a tower. Vice Chairperson Klauer asked about the impact to the
property at this location. Mr. Hess said that he cannot verify the impact without the use of
his computer and comparables.
Mary Lynn Neuhaus, 1595 Montrose Terrace, said that she is a member of the Nativity
Parish. She spoke in opposition to the tower. She said that she has no objections to Radio
Dubuque, but that she is opposed to the height of the tower. She said that she is a
communications professor at Loras College and understands the need for the tower. She
said that she would like to see it located on the building and not on the ground. She
discussed the view to the tower from the Mississippi River.
Greg McGinn, 1125 Glen Oak Streeiy explained that he is the finance director at Nativity
Parish. He said that the Nativity Church building is approximately 80-feet tall. He said that
Radio Dubuque is a good fit for this neighborhood. He explained that the tower will be
located over 90 feet from University Avenueand if the tower were to fall, it would only fall
onto the Rectory or property that Nativity Parish owns. Hesaid that Nativity Parish is in
favor of the request.
Len Hall, 921 Rose Street, spoke in favor of request. He explahed that he is a Nativity
parishioner and that he is a Parish Council member.
Keisha Wainwright, 264 Alpine Streeiy said she is a former president of the Langworthy
District Neighborhood Association She explained that the Langworthy District
Neighborhood Association is opposed to the tower. She expressed concerns with the
potential lowering of properly values in the neighborhood.
David Messner said that Nativity Parish was not aware of theproposed 75-foot tower.
Board Member Cremer asked if Natty Parish was notified of the tower height. Mr.
Messner said it appears that the initial request fora 50 foot high tower was changed.
Mr. Hall said that Perry Mason of Radio Dubuque said that the proposed tower will be 75
feet high at a Parish Council meeting.
Mr. Parsely explained that Radio Dubuque originally submitted their conditional use permit
when they submitted the rezoning request. He said that their engineer initially said that a
50-foot high tower would work; however, after the property was rezoned, it was determined
that a 75-foot high tower was needed. Mr. Parsely reiterated that the tower will not be
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 9
required to be lit. He asked if the Board could table the vote so that he can address the
concerns raised by the neighbors.
Vice Chairperson Klauer asked if the Board had the ability to table the request. Staff
Member Kritz said that they did. Board Member Gibbs asked Radio Dubuque to explore
other possibilities for broadcasting their signal. Vice Chairperson Klauer explained that that
are only four Board members present and that the Board should have five members present
when they vote on this request. He asked Mr. Parsely to research different ways to
broadcast the signal in order to reduce the height of the tower. Board Member Cremer said
that there is an opportunity to make accommodation and compromise regarding the height
of the tower.
Motion by Gibbs, seconded by Cremer, to table the conditional use request to the next
meeting. Motion carried by the following vote: Aye -Cremer, Gibbs, Klauer and
Hutchinson; Nay -None.
VARIANCES:
DOCKET 13-09: Application of Milton & Judith Boyes for a variance for property located at
1937 Washington Street to build a commercial addition 0 feet from the front property line,
10 feet required, and provide 0% green space, 14% green space required, in a C-2
Neighborhood Shopping Center zoning district.
Milton Boyes reviewed his request. He explained that he is proposing to construct a
commercial addition 0 feet from the front property line. He discussed the green space
located on the lot and in the neighborhood.
No one spoke in opposition to the request.
Staff Member Wernimont presented the staff report. He reviewed an aerial photo of the
site. He discussed the existing structures in the neighborhood, demolition of the single-
family home, and existing neighborhood conditions. He discussed neighborhood history .and
the legal non-conforming status of the adjacent residence. He said that the proposed
addition will have athree-foot setback from the adjacent single-family lot. He explained
that a site plan will be required for the addition and that storm water management will be
reviewed.
Motion by Gibbs, seconded by Cremer, to approve a variance for property located at 1937
Washington Street to build a commercial addition 0 feet from the front property line, 10 feet
required, and provide 0% green space, 14% green space required. Motion carried by the
following vote:. Aye -Klauer, Cremer, Hutchinson and Gibbs; Nay -None.
City of Dubuque Zoning Board of Adjustment
March 26, 2009
Page 10
WORK SESSION:
Unified Development Code: Article 11 Land Subdivision~Article 12 Site Development and
Proposed TND Traditional Ne9hborhood District Overlay and Design Guidelines.
Staff Member Kritz briefly outlined the proposed changes for Articles 11 and 12 of the UDC.
The Board noted that they could provide written comments to staff. Vice Chairperson
Klauer suggested that Article 11 and Article 12 be reviewed at next month's meeting.
AD]OURNMENT: The meeting adjourned at 6:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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