Minutes_Zoning Board of Adjustment 12 21 17 Copyrighted
January 16, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 1/3/18; City Council Proceedings
of 1/3/18; Historic Preservation Commission of 12/21/17;
Library Board of Trustees of 11/16/17; Park and Recreation
Commission of 12/12/17; Resilient Community Advisory
Commission of 11/2/17, 12/7/17; Zoning Advisory
Commission of 12/6/17, 1/3/18; Zoning Board of
Adjustment of 12/21/17; Proofs of Publication for City
Council Proceedings of 12/18/17 and List of
Claims/Summary of Revenues for Month Ending 11/30/17.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 1/3/18 Supporting Documentation
City Council Proceedings of 1/3/18 Supporting Documentation
Historic Preservation Commission Minutes of 21/21/17 Supporting Documentation
Library Board of Trustees Minutes of 11/16/17 Supporting Documentation
Park and Recreation Commission Minutes of 12/12/17 Supporting Documentation
Resilient Community Advisory Commission Minutes of Supporting Documentation
11/2/17
Resilient Community Advisory Commission Minutes of Supporting Documentation
12/7/17
Zoning Advisory Commission Minutes of 12/6/17 Supporting Documentation
Zoning Advisory Commission Minutes of 1/3/18 Supporting Documentation
Zoning Board of Adjustment Minutes of 12/21/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
12/18/17
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues ME 11/30/17
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, December 21, 2017
City Council Chamber, Historic Federal Building
Board Members Present: Board Members Keith Ahlvin, Bethany Golombeski, and
Joyce Pope. Staff Members Guy Hemenway and Kyle Kritr.
Board Members Excused: Jeff Cremer and Jonathan McCoy.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:06
p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the lowa Open Meetings Law.
MINUTES: Motion by Golombeski, seconded by Ahlvin, to approve the minutes of the
November 16, 2017 Zoning Board of Adjustment meeting as submitted. Motion carried
by the following vote: Aye — Ahlvin and Golombeski; Nay — None; Abstain - Pope.
Docket41-17/Special Exception (tabledl: Application of Jessica Mai, 2185 Marion
Street, to construct an attached garage/addition five (5) feet from the front property line,
twenty (20) feet required, in an R-1 Single Family Residential zoning district.
Staff informed the Board that the applicants formally withdrew their Special Exception
application.
Docket 51-17/Special Exception: Application of Jeremy Biedermann, 830 Fremont,
to build a 50' by 100' (5,000 square feet) detached garage for a total of 6,151 square
feet of detached accessory structures, 1,000 square foot maximum permitted and 20' in
height, 15' maximum allowed, in an R-1 Single-Family Residential zoning district.
The applicant was not in attendance.
Acting Chairperson Ahlvin moved the Docket 51-17 to the end of the meeting.
Docket 52-17/Special Exception: Application of Drew Cook to construct a 4,445
square-foot accessory structure, for a total of 6,000 square feet of accessory structures,
1,000 square-foot maximum permitted, for property located at 4300 Millennium Drive in
an R-1 Single-Family Residential zoning district.
Zoning Board of Adjustment Minutes Page 2
December 21 , 2017
Drew Cook, 10782 Timber Ridge, Dubuque, stated that he would like to remove an
existing barn and silo and build a modern storage building. He said the building will be
used by residents of the property and also for storage of agricultural equipment needed
for farming and maintaining the property. He said that the existing barn is in poor
condition.
Chris Okopny, 535 Sapphire Circle, said that he was concerned that the use of the
building has not been made clear. He said if it is used for a contractor shop or storage
of heavy equipment, he was opposed.
Monty Bascom, 605 Sapphire Circle, spoke in opposition, noting that he felt the
proposed building will not be in character with the existing residential neighborhood. He
said that there has been recent and past activity on the property that leads him to
believe the property will be used for commercial purposes.
Ben Schroeder, 1773 Cinnamon Road, said that his lot is located in close proximity to
Mr. Cook's property. He said the building, as proposed, will be an improvement over
the existing, somewhat deteriorated, barn and silo. He said that Mr. Cook has done a
good job of cleaning and maintaining the property after purchasing it from the former
owner.
Richard Johnston, 615 Sapphire Circle, expressed concerns regarding potential for
noise generated from the coming and going of heavy equipment on the property. He
also expressed concerns that any additional development or redevelopment of this
property would further reduce the water pressure, which he said is problematic in the
area.
Mr. Cook noted that he is the owner of Drew Cook Excavating, and that he has several
other properties, including one of Wolff Road, on which he has storage buildings used
for storing his equipment. He said that he has no need for further storage area for his
business. He noted that the asphalt at the end of the street had been drug into the
street by a snow plow.
In response to Board Member questions, Mr. Cook explained that he will not store
anything in the subject building that will not be used on the site, which he said included
equipment for maintaining the property and for farming. He said equipment such as
tractors and mowers would be stored in the building. He discussed the other properties
he has for his construction and other businesses.
Staff Member Hemenway reviewed the staff report, noting that the proposal is to
demolish an existing deteriorated barn and silo and replace it with a 4,445-square foot
brick barn. He noted the location of the existing barn, existing detached garage and the
residence. He said that this residentially zoned property is unique in that it is 20 acres
in size and is currently grandfathered for agricultural use. He read the Unified
Development Code regulations regarding permitted uses and accessory structures on
Zoning Board of Adjustment Minutes Page 3
December 21 , 2017
residential lots. He reviewed photos of the site, noting the location of the proposed
building relative to surrounding single-family houses. He said the building plans had
been submitted by the applicant that indicated a square full brick structure.
The Board reviewed the case, noting that the proposed building replaces an existing,
somewhat deteriorated structure, and that the property is large in scale. Board
Members asked Mr. Cook how he determined the size of the building. Mr. Cook said
that he has built a number of storage buildings in the past, and that he wanted to
ensure that the building was adequate for his purposes. He said that under current
zoning regulations, he could rebuild the barn on the very same footprint, and that if he
was denied, he would probably consider rebuilding a smaller building.
Board Members discussed the request and felt it was appropriate.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request,
with the conditions that 1) the building be built as per the submitted elevations indicating
an all-brick structure and, 2) the building not be used for commercial purposes. Motion
carried by the following vote: Aye — Ahlvin, Pope and Golombeski; Nay — None.
Docket 51-17/Special Exception: Application of Jeremy Biedermann, 830 Fremont,
to build a 50' by 100' (5,000 square feet) detached garage for a total of 6,151 square
feet of detached accessory structures, 1 ,000 square foot maximum permitted and 20' in
height, 15' maximum allowed, in an R-1 Single-Family Residential zoning district.
As the applicant was still not in attendance, the Board decided to table the request.
Motion by Pope, seconded by Ahlvin, to table Docket 51-17 Special Exception for 830
Fremont Avenue. Motion carried by the following vote: Aye — Ahlvin, Pope and
Golombeski; Nay — None.
ITEMS FROM STAFF: Staff Member Kritz distributed a demographic profile survey to
Commissioners. He asked Commissioners to complete the Membership Profile Survey
and he'll return them to the City Clerk's Office.
ITEMS FROM BOARD: None.
ITEMS FROM PUBLIC: None.
ADJOURNMENT: The meeting adjourned at 535 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted