Minutes_Zoning Board of Adjustment 4 23 09Dubuque
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MINUTES
ZONING BOARD OF AD7USTMENT
REGULAR SESSION
4:00 p.m., Thursday, April 23, 2009
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer,
Jeff Cremer, Heath Hutchinson and 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: Motion by Klauer, seconded by Cremer to approve the minutes of the March
26, 2009 meeting. Motion carried by the following vote: Aye -Klauer, Cremer, Hutchinson
and Gibbs; Nay -None; Abstain -Ruden.
SPECIAL EXCEPTIONS
DOCKET 14-09: Application of Daniel Hoyt for a special exception for property located
at 3838 Aurora Street to install a 6 foot high fence in the front yard (Rosemont Street),
4 feet maximum height allowed, in an R-1 Single-Family Residential zoning district.
Daniel Hoyt, 3838 Aurora Street, explained that his property is located on the corner of
Aurora and Rosemont Streets. He explained that he would like to fence in the back
yard with asix-foot high fence for privacy and to help contain his dogs. He said that
the fence would be constructed out of solid wood. Staff Member Wernimont distributed
aerial photos of the site.
No one spoke in opposition.
Staff Member Wernimont outlined the staff report. He noted that the subject property
is a corner lot and reiterated fence regulations for a front yard. He explained that the
proposed fence would not block the views to the sidewalk and street from the adjacent
properties. He explained that presently, the applicant has a 4-foot high chain link fence
and some vegetation where the proposed 6-foot high fence will be located.
City of Dubuque Zoning Board of Adjustment
April 23, 2009
Page 2
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Hutchinson,
Gibbs and Ruden; Nay -None.
CONDITIONAL USE PERMITS:
DOCKET 12-09: Application of Radio Dubuque /Nativity Parish for a conditional use
permit (tabled from March 26, 2009) for property located at 1225 Alta Vista to erect a
75 foot high radio communication tower in an OS Office Services zoning district.
Staff Member Kritz explained that Radio Dubuque has requested that the conditional
use permit request be tabled to the May 28, 2009 meeting.
Motion by Klauer, seconded by Gibbs, to table the conditional use permit request to the
May 28, 2009 meeting. Motion carried by the following vote: Aye -Klauer, Cremer,
Hutchinson, Gibbs and Ruden; Nay -None.
DOCKET 15-09: Application of Dick Hartig, Hartig Realty IV for a conditional use
permit for property located at 51/53 Kaufmann Avenue to allow a parking lot as a
conditional use in an R-2 Two-Family Residential zoning district.
Keith Bibelhausen, CEO of Hartig Drug, explained his request to the Board.
Staff Member Wernimont distributed aerial photos, photographs and a letter of
opposition from the Old House Enthusiasts Club to the Board that expressed concerns
with potential loss of a historic building in the neighborhood.
Mr. Bibelhausen outlined his request noting that the house at 51/53 Kaufmann Avenue
will be removed and a parking lot will be installed. He explained the design of the
parking lot. He described landscaping and screening for the parking lot. He said that
the parking lot will provide additional customer parking and help screen the dumpster.
He explained that the house is irreparable and will be demolished to accommodate the
parking lot. Chairperson Ruden inquired as to the screen fence design.
Staff Member Wernimont reiterated the conditional use permit request. He discussed
the parking lot diagram submitted by the applicant. He discussed parking lot standards,
impervious area, access and traffic safety and the locations of the dumpster and
screening fence. He said that the proposed parking lot will be required to have a site
plan that shows details on lighting, storm water and screening.
The Board felt that the application met the criteria for a conditional use permit.
City of Dubuque Zoning Board of Adjustment
April 23, 2009
Page 3
Motion by Klauer, seconded by Kramer, to approve the conditional use permit request
as submitted. Motion carried by the following vote: Aye -Klauer, Cremer, Hutchinson,
Gibbs and Ruden; Nay -None.
VARIANCES:
DOCKET 16-09: Application of Dan Arensdorf /Premier Bank for a variance for
property located at 140 W. 9~' Street to pave two off-street parking spaces reducing the
green space to .17.7%, 20% minimum required, in a C-5 Central Business zoning
district.
Dan Arensdorf explained the variance request to the Board. He said that Premier Bank
would like to remove some existing landscaping and put in two additional off-street
parking spaces. He said that they are in need of off-street parking. He explained that
clients of the bank have been getting parking tickets when parking on the street.
Staff Member Hemenway presented the staff report. He explained the 20% permeable
area requirement for storm water infiltration. He discussed the location of the off-street
parking spaces on the site and storm water runoff.
The Board felt the application met the criteria for granting a variance.
Motion by Gibbs, seconded by Klauer, to approve the variance request as submitted.
Motion carried by the following vote: Aye -Klauer, Cremer, Hutchinson, Gibbs and
Ruden; Nay -None.
WORK SESSION:
Unified Development Code: Article 11 Land Subdivision, Article 12 Site Development
and Proposed TND Traditional Neighborhood District Overlay and Design Guidelines
Chairperson Ruden asked who is on the Technical and Citizen Advisory Committees for
the Unified Development Code. Staff Member Kritz noted the Committee membership.
Staff Member Kritr explained that Article 11 relates to land subdivision and Article 12
regulates site plans. He noted that the present code is being updated to include
sustainability measures and to make it easier for contractors, owners and developers to
use. He explained maximum parking requirements as they relate to the C-4 Downtown
Commercial District area.
Chairperson Ruden said that he would like some additional time to review the articles.
Staff Member Kritr said that the Board members could review the document and a-mail
the comments to staff.
City of Dubuque Zoning Board of Adjustment
April 23, 2009
Page 4
AD]OURNMENT: The meeting adjourned at 4:40 p.m.
RespectFully submitted,
Kyle L. Kritz, Associate Planner
Adopted
F:\USERS\Kmunson\WP\Boards-Commissions\ZBAWlinutes\ZBA Minutes 20091April 23, 2009.doc