Minutes Zoning Bd Adj 12 19 02 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, December 19, 2002
4:00 p.m.
Majestic Room, Five Flags Civic Center
401 Main Street, Dubuque, Iowa '
PRESENT:
Chairperson Mike Ruden; Board Members Jim Urell, Bill Gasper, Bill
Felderman and Randy Klauer; Staff Members Guy Hemenway, Kyle Kritz
and Wally Wernimont.
ABSENT: None.
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 at 4:00 p.m.
DOCKET 77-02: Application of Joe O'Donnell for a special exception for property located
at 507-509 Chestnut Street to build a 5 foot 5 inch by 14 foot 8 inch two-story porch 3 feet
from the front property line, 10 feet required, in an R-2AAIternate Two-Family Residential
zoning district.
Joe O'Donnell stated that he plans to remove a metal awning and replace it with a new
wooden porch. Staff Member Wernimont outlined the staff report noting that there was a
similar porch request approved down the street from Mr. O'Donnell's property. He stated
that the HPC would have to review and approve the porch project. He stated that the
porch would not affect public safety or the view from adjacent residential properties.
Board Members felt that the porch should remain open and not be enclosed.
Motion by Gasper, seconded by Klauer to approve the special exception request with the
condition that the porch not be enclosed. Motion carried by the following vote: Aye -
Gasper, Klauer, Urell, Felderman and Ruden; Nay - None.
DOCKET 78-02: Application of Marry Johnson/Dr. Jeffrey Bullock for a special exception
for property located at 1760 Overview Ct. to build an addition 4 feet from the rear property
line, 23 feet required, in an R-1 Single-Family Residential zoning district.
Marry Johnson stated that he is the architect representing the University of Dubuque and
Dr. Bullock. He outlined the site diagram and floor plan for the project. He stated that the
property is surrounded by a small stone retaining wall, and that there is a row of arborvitae
at the rear of the property that screens it from the adjacent residence. He stated that the
University would like to place a two-story addition at the rear of the residence. He said the
addition will not extend farther into the rear yard than the existing building wall.
Minutes - Zoning Board of Adjustment
December 19, 2002
Page 2
Staff Member Wernimont outlined the staff report, noting how the rear yard setback was
calculated. He stated that the building suffers a disadvantage because it is on a cul-de-
sac and street, and therefore, is set back further than the other buildings along the street;
thus, consuming more of the rear yard. He stated that the rear yard is currently screened
from the adjacent residence by vegetation.
Motion by Urell, seconded by Klauer, to approve the special exception as submitted.
Motion carried by the following vote: Aye- Gasper, Klauer, Urell, Felderman and Ruden;
Nay - None.
DOCKET 79-02: Application of Dennis & Amy McCarthy for a special exception for
property located at 2389 University Avenue to subdivide and build a duplex on a 4,581
square foot lot (6,000 square foot minimum required) and place an existing single-
family home on a 4,764 square foot lot (5,000 square foot minimum required) and place
an existing garage 1 foot from the side property line, 6 feet required, in an R-2 Two-
Family Residential zoning district.
Amy McCarthy reviewed her request, noting that the property will be split and a duplex
constructed on the resulting new lot. She reviewed the surrounding structures and stated
that the duplex would have off-street parking. The Board reviewed the surrounding zoning
and land uses. Staff Member Hemenway reviewed the request, noting the requirements for
lot area, setbacks and parking requirements. Board Members discussed the adjacent
properties, including the duplex and ten-plex abutting the subject lots. Board Members
reviewed the development and stated that they agree with staff's concern regarding storm
water runoff.
Motion by Urell, seconded by Felderman, to approve the request with the condition that the
storm water be piped or bermed and directed to the street and not onto the property at
1648 and 1658 Finley Street. Motion carried by the following vote: Aye - Gasper, Klauer,
Urell, Felderman and Ruden; Nay- None.
DOCKET 81-82: Application of Dubuque Community School District for a conditional
use permit for property located at 330 Bryant Street to construct a 50-space parking lot
along Mt. Loretta Avenue between Bryant and Ramona Streets, in an R-I Single-Family
Residential zoning district.
Joe Link, representing the Dubuque Community School District, reviewed the project with
the Board. He stated that Bryant School was built in the 1930s and is currently the only
school in the district with no off-street parking. Mr. Link indicated that the parking lot will
comply with all City requirements and include the widening of Mt. Loretta Street by 10 feet
to facilitate a drop-off/pick-up zone for school children. Mr. Link indicated that the Bryant
School Safety Committee worked to propose safety changes for the school. He indicated
that the Board had received a letter from Leslie Stevens, Principal of Bryant School.
Minutes - Zoning Board of Adjustment
December 19, 2002
Page 3
Don Trumm, 360 Bryant Street, stated that the parking lot seemed very large for a grade
school. He said he is concerned about skate boarders, lights, and traffic. He inquired
about screening requirements for off-street parking. He stated that he is opposed to the
parking lot.
Betty Krause, 705 Ramona Street, presented to the Board a petition in opposition to the
request. She also submitted a letter of opposition from a neighbor. She stated that she
feels that the parking lot will devalue her property and that she is having difficulty selling
her house because of the proposed parking lot.
Chris Kohlmann, 725 Ramona Street, spoke in opposition to the request, stating that
adding impervious surface to the area will exacerbate ex~sting storm water runoff problems.
She discussed existing problems with ice build-up along Ramona Street and stated that
she feels the catch basin is not located at the Iow point in the street. She stated that she is
concerned with visibility and access to the parking lot. She stated that landscaping must
be incorporated into the parking lot design. She said she feels the school district should
have worked with the neighbors to resolve these issues prior to implementation of the
parking lot plan.
Jane Hancock, 333 Bryant Street, stated that she runs a hair salon in the area and is in
support of the proposal because of lack of parking inthe neighborhood. She stated that
sometimes parents illegally park in her lot consuming customer parking. She presented a
petition in favor of the request.
Dixie Schaffer, 1670 Iowa Street, spoke in favor of the parking lot. She said it will relieve
traffic congestion in the area, provide additional parking and create a safe drop-off place.
Ann McDonough, 1710 Perry Street, spoke in support of the project. She said she is the
parent of a child who attends Bryant School. She said that she has worked extensively
with the school district to address parking and drop-off problems in the area. She said she
feels that adequate landscaping will be incorporated into the parking lot. She said the
main purpose of the parking lot is to reduce traffic congestion and improve children's
safety.
Robert Puls, 737 Ramona Street, said that he is not necessarily opposed to the parking lot
but is concerned with the additional storm water runoff, which will be added to Ramona
Street. He stated that he is currently experiencing drainage problems dudng heavy
storms.
Davin Curtis, 445 English Lane, spoke in opposition to the request. He said that there is
no rational connection between the construction of the parking lot and child safety. He
stated that the primary safety concern is parents dropping off children in the middle of the
street. He said a parking lot of this size and shape would erode the residential character
of the area.
Minutes- Zoning Board of Adjustment
December 19, 2002
Page 4
Leslie Stevens, 1376 Tomahawk Drive, stated that she is the principal of Bryant School
and has had held many meetings with the neighbors regarding these issues. She stated
that the school district has made it known that they wanted to purchase the property to
build a parking lot. She stated that Bryant School has 68 faculty and staff members, which
does not include visitors and volunteers.
Joe Link stated that the size of the lot was determined by the application of current parking
requirements. He said that the lot will be landscaped according to City requirements. He
said that the school district is still in the planning and engineering phase of the project and
is willing to comply with any City requirements deemed necessary. He said that the school
district is willing to schedule a meeting with the neighborhood when the plan for the
parking lot is further refined and before the project goes out to bid.
Staff Member Hemenway reviewed all the correspondence received by staff and submitted
at the meeting both in favor and opposition to the proposed request. He reviewed the
project, noting that seven on-street parking spaces will be removed along Mt. Loretta and
Ramona Streets, which will result in a net gain of 36 additional off-street parking spaces
for this area. He reviewed the parking lot layout, including the proposal to widen the street
by 10 feet to accommodate a drop-off lane on the north side of Mt. Loretta Street along
Bryant School's campus. He reviewed storm water drainage, lighting and screening
requirements for parking lots.
Board Members discussed the placement of access drives in relation to the drop-off and
pick-up area. Board Member Klauer felt that the access from Bryant Street would be more
advisable.
Jim Kaune stated that because of Bryant Street's high traffic volume and the proximity of
the proposed access drive to the comer, a Bryant Street access was not a viable option.
Joe Link discussed the concern with having children crossing access drives onto Bryant,
which he said carries most of the local traffic.
The Board reviewed the criteria for approving a conditional use permit. Board Members
said they have concerns with landscaping, screening and storm water control. The Board
discussed the potential impact of the parking lot on property values. They expressed
concerns with the impact to those properties directly adjacent to the proposed lot. Board
Members reviewed options for storm water control and discussed tabling the request so
that a more detailed storm water proposal could be provided. Board Members said they
also feel that an informed opinion regarding the potential impact of the proposed lot on the
Value of surrounding property would help them make a more informed decision.
Motion by Urell, seconded by Felderman, to table the request until additional information is
provided. Motion carried by the following vote: Aye - Gasper, Klauer, Urell, Felderman
and Ruden; Nay - None.
Minutes - Zoning Board of Adjustment
December 19, 2002
Page 5
MINUTES & NOTICES OF DECISION: The minutes of the November 21,2002 meeting
and Notices of Decision for Dockets 74-02, 75-02 and 76-02 were approved unanimously
as submitted.
ITEMS FROM STAFF:
Staff Member Laura Carstens reviewed a budget item requesting to hire a consultant to
update the Zoning Ordinance and subdivision regulations. She also discussed a budget
request for an additional full-time planner to aid in long range planning and grant
administration.
Board Members discussed the budget and were in favor of both requests and asked that
staff draft a letter of support from the Zoning Board of Adjustment.
ADJOURNMENT: The meeting adjourned at 6:45 p.m.
Kyle L. Kritz, Associate Planner Adopted