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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