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Minutes Zoning Bd Adj 1 23 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, January 23, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Bill Gasper, Jim Urell, Randy Klauer and Bill Felderman; Staff Members Guy Hemenway, Kyle Kritz and Wally Wemimont. 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 at 4:00 p.m. DOCKET 01-03: Application of Martin Hoffman for a special exception for property located at 2885 Washington Street to build a 24 foot by 32 foot detached garage 2 feet from the rear property line, 6 feet required, and 2 feet from the north side property line, 3 feet required, in an R-2A Alternate Two-Family Resident!al zoning district. Martin Hoffman outlined his project. He stated that his garage would be slightly larger than the existing structure and oriented to the side of the property to facilitate safer access from the alley. He said that the garage would have eight-foot sidewalls. Staff Member Wernimont reiterated Mr. Hoffman's request. He said that the applicant proposed to build a 24' by 32' garage no closer to the property than the existing 14' by 20' garage it was replacing. He referenced a letter of support from a neighbor. He stated that many garages in the alley encroach on the existing Setbacks. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the followidg vote: Aye - Klauer, Urel!, Gasper, Felderman andRuden; Nay - None. DOCKET 02-03: Application of Allan & Christine Simms for a special exception for property located at 1090 Center Place to build a 24 foot by 24 foot attached garage 2 feet from the north side property line, 6 feet required, and 4 feet from the south side property line, 6 feet required, and to cover 66% of the lot with Structure, 40% maximum permitted, in an R-2 Two-Family Residential zoning district. Minutes - Zoning Board of Adjustment January 23, 2003 Page 2 Mr. Simms outlined his proposal for the Board. He stated that the garage would provide additional off-street parking. He stated that he wants to build a 24' by 24' one-story attached garage with a fiat roof, which may accommodate a patio in the future. Staff Member Wemimont discussed the project stating that the garage will be a capped concrete structure. He stated that the residence currently has no off-street parking and that current ordinance regulations require two off-street parking space be provided per unit. He said that the garage will eliminate the non-cenforming status of this property. Board Members discussed the request and felt that it met the criteria for granting a special exception. Motion by. Felderman, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 08-03: Application of Aaron Konrardy/Craig Beytien for a special exception for property located at 1091 Valentine Drive to build a single-family home 72 feet from the front property line, 50 foot maximum setback permitted, in an R-1 Single-Family Residential zoning district. Tyron Putchio, 13231 Terrill Ridge Road stated he represents Craig Beytien. He said that the proposed residence would be built approximately 50 feet from an existing roadway easement. He discussed the setbacks of the structure. Board Members discussed the lot layout and private street alignment. Staff Member Wernimont discussed the access easement for the property and stated that there are other houses in the neighborhood built farther back from the road than the proposed residence. Board Members discussed the request and felt that it met the conditions for granting a special exception. Motion by Gasper, seconded by Felderman, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper. Felderman and Ruden; Nay- None. DOCKET 81-02: Application of the Dubuque Community School District for a conditional use permit (tabled) 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-1 Single-Family Residential zoning district. Michael Schubatt stated that he is the attorney representing the Dubuque Community School District. Mr. Schubatt briefly recapped the events of the December 19, 2002 Zoning Board of Adjustment meeting. He referred to a report regarding storm water Minutes - Zoning Board of Adjustment January 23, 2003 Page 3 drainage submitted by IIW Engineering. He noted that representatives of the school district met with neighbors and discussed screening and drainage issues. Joe Link, 757 Cleveland Avenue, stated that he represents the Dubuque Community School District. He stated that the school district is proposing to build a 43-space parking lot. He referred to documents that were submitted to the Board regarding storm water. He referred to the site plan for the parking lot. Mr. Link noted that Bryant School currently has 68 employees and no off-street parking. Mr. Link discussed the land uses in the area, noting that it is highly varied and included institutional, commercial, and multi and single- family. He stated that representatives of the schooil district met with the neighbors on January 14th and discussed issues including landscaping, storm water runoff, screening, sidewalks and lighting. He stated that the property is currently owned by the school district and will be used as either a parking lot or a playground. Mr. Link submitted photos of screening types currently being used in the city of Dubuque. He said these include vegetation and fencing. He stated that the school district worked with Jim Kaune of IIW Engineering to study storm water in this area. He said that the drainage basin for this area is approximately 3.5 acres and the addition of non-permeable area for the parking lot will increased storm water runoff by 13% or approximately % inch of pool depth at the storm drain on Ramona Street. Mr. Link stated that there has been a number of parking lots built throughout the community adjacent to residences and that the value of these properties was not affected. He stated that the former residence at 1274 Mt. Loretta was in deteriorated condition before the school district demolished it. He stated that the addition of the parking lot wilt improve the intersection at Mt. Loretta and Bryant Streets and help alleviate parking and vehicular congestion on the street. Mr. Link referred to the eight criteria for granting a conditional use permit and discussed how the project will meet said criteria. Robert Murphy stated he is an attorney representing Betty Krause at 75 Ramona Street. He noted that Mrs. Krause has concerns regarding property values, lighting, noise, screening, vandalism and noxious fumes that may be generated by the parking lot. He noted that the former residential structures were purchased and demolished prior to the school district receiving approval for a parking lot. Betty Krause, 75 Ramona Street, stated that she has concerns regarding the value of her property and security of her home. Rich Vanderah, 721 Ramona Street, stated that he has concerns with the use of the taxpayer's money. Delvin Curtis, 445 English Lane, stated that he ~s concerned with the potential for diminishing property values in the neighborhood. He discussed the cdteria for granting a conditional use permit, stating that the request did not satisfy criteria #2, 5, 6 and 8. He said that because these criteria are not being met the request should be denied. Minutes - Zoning Board ofAdjustment January 23,2003 Page 4 Chairperson Ruden asked if Mr. Curtis had a formal written opinion from a realtor or appraiser regarding the project's potential impact to property values in the neighborhood. Mr. Curtis stated that he did not. June Hancock, 333 Bryant Street, stated that she is a .business owner of an adjacent property, and is in favor of the parking lot. Mr. Schubatt rebutted stating that the parking lot is permitted as a conditional use in this district. He stated that the parking lot will represent a significant improvement to public safety. He stated that the drainage issue has been resolved, referring to the report submitted by IIW. Joe Link said lighting issues can be resolved at the site plan stage. He said the parking lot could be secured so that no unauthorized vehicles can park in the lot after hours or on weekends. Mr. Link submitted assessed values of properties in the neighborhood obtained from City Assessor records. He said he feels there will be no significant decrease in property values as a result of the parking tot. Staff Member Hemenway outlined the staff report, noting that the Zoning Board of Adjustment requested information on storm water runoff, screening and asked that the school district meet with neighbors. He stated that the school district submitted an analysis of storm water runoff, a site plan showing screening measures, and that they have subsequently met with the neighbors. Staff Member Hemenway distributed a letter from Christine Kohlmann of' 725 Ramona Street regarding storm water runoff and parking issues. Staff Member Hemenway noted changes from the previous submitted site diagram including a reconfiguring of the intersection at Bryant and Dodge Street and the addition of on street parking along the south side of Bryant Street adjacent to the parking area. Board Members discussed the potential for conditions on lighting and screening of the parking lot. Board Members discussed the storm water drainage for the area stating that they feel that the additional storm water would not affect flooding in the basements or driveways of adjacent residential properties and would just slightly increase the pool depth above the storm water drain on Ramona. Board Members discussed screening and the use of a solid fence versus vegetation. Board Members discussed the lighting fixture style location and timing. Leslie Stevens, Principal of Bryant School, indicated that there are no functions after 9:00 p.m. at the school. The Board discussed property values and assessed values for adjacent residential properties. Board Member Felderman stated that there appears to be little difficulty selling houses adjacent to schools and School parking lots. Board Members discussed whether a playground would be permitted at this location, Staff indicated that a playground would be permitted in an R-1 District. Board Members discussed the criteria for granting a conditional use permit and felt that the proposed parking Io, as conditioned, would meet the requirements. Motion by Gasper, seconded by Felderman, to approve the conditional use permit with the following conditions Minutes - Zoning Board of Adjustment January 23, 2003 Page 5 1) The pr.operty be adequately screened With a 6-foot high solid privacy fence along the adjacent residential property. 2) The storm water be directed to the southeast corner of the lot and channeled under the sidewalk through piping to Ramona Street. 3) All lighting in the parking lot use 72-degree cut-off luminaries and be timed to shut off no later than 9:30 p.m. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. DOCKET 03-03 Application of Jeff Stackis/Harvest Development Group for a conditional use permit for property located at 2375 Meinen Court to allow a chiropractic office in a C-2 Neighborhood Shopping Center zoning district. Jeff Stackis, 1821 Hummingbird Drive, outlined his project for the Board. He noted the location of his property in relation to the Fidelity Bank. Staff Member Hemenway discussed the uses permitted in a C-2 District. He discussed the proposed site layout, parking area, and adjacent land use and traffic circulation for the Meinen Court cul-de-sac. He noted that the applidant proposed to have second story residence at this location. He stated that traffic will hot be funneled through the adjacent residential district, but travel along Meinen Court onto Asbury Road. The Board discussed the criteria for granting a conditional use permit and felt that the applicant met said criteria. Motion by Gasper, seconded by Klauer, to approve the cOnditional use request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. DOCKET 04-03: Application of Wee People Enterprises, Ltd./Holly Kamm/Jacobson Brothers, Inc. for a conditional use permit for property located at 3033 Asbury Road to allow a day care center in a C-2 Neighborhood ShoPping Center zoning district. Holly Kamm, 3175 Asbury Road, said that she operates two other child care centers in the city of Dubuque. Jeff Hansel introduced himself as Ms. Kamm's younger brother, and said that they will use stone walls or concrete boltards tO protect the children's outdoor play area. He said that he will also use a combination of ~aised planting beds, chain link fence and wood and steel bolted together to secure the play area. Staff Member Wernimont outlined the staff report, stating that the proposed daycare will be located in the former Kid's World Pizza space. He said that the applicant has addressed the cdteria for granting a conditional use permit in her application. He recommended that Minutes - Zoning Board of Adjustment Janua~ 23,2003 Page 6 the Boardrequireplacement of a substantial barrier around the play area to protect the children. Board Members discussed the proposal stating that they feel the application meets the criteria for granting a conditional use permit. Board Members stated they feel that the State of Iowa would review the outdoor play area to insure that its design propedy protects the children. Motion by Urell,'seconded by Klauer, to approve the conditional use request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 05-03: Application of Randy Hefel/Clarence Hermsen/Hawk Developers LLC for a variance for property located at 860 Hawkeye Drive to finish the 6th unit in a multi-family dwelling on a 16,900 square foot lot, 19,200 square feet minimum required for a six-plex, in an R-3 Multi-Family Residential zoning district. Clarence Hermsen, representing Hawk Developers, said that the proposed six-plex sits on a large lot with 12 off-street parking spaces. He said that there will be no increase in the building size. He stated the completion of the 6th unit will offer additional affordable housing to the community. Staff Member Wernimont outlined the staff report, stating that the project has the adequate amount of parking but has a deficit in the square footage of lot area. He said that the current parking requirements for a six-plex are 9 spaces and, therefore, the 12-space lot exceeds the requirement. Board Members discussed the proposed addition of the sixth unit and felt it met the requirements for granting a variance. Motion by Gasper, seconded by Urell, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer. Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 06-03: Application of Tom Culbertson/Jeff McFadane for a vadance for property located at 899 Jackson Street to allow4 projecting signs, 2 signs maximum permitted, in a C-4 Downtown Commercial zoning district. Tom Culbertson presented his application to the Board. He outlined the requested signage, noting the dimensions and locations of the signs. Staff Member Hemenway presented photos of the site to the Board. He noted that each sign would be 6.25 square feet for a total of 25 square feet for all four signs. He stated that because of the buildings peculiar shape it would be difficult to place a sign on the east face and to place two 100- square foot signs anywhere on the building. He stated that 25-square feet of signage is less than the 200 square feet permitted under existing sign regulations. Minutes - Zoning Boar of Adjustment January 23,2003 Page 7 Board Members discussed the request for four signs and felt that it meets the criteria for granting a variance. Motion by Urell, seconded by Felderman, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. DOCKET 07-03: Application of Jon Harvey Stott & Associates/Royal Oakes Development/A.J. Spiegel for a variance for property located at the end of Rhomberg Avenue (former Tollbridge Inn Restaurant) to =llow an .8 acre Planned United Development (PUD), 2 acre minimum required, in aCR Commercial Recreation zoning district. Tom Allendorf stated that he represents A.J. Spiegel and Jon Harvey Stott & Associates. He said that it is their intention to develop a condominium complex at the former Toll Bridge Inn restaurant location. He said Mr. Spiegel is trying to 'acquire additional land from the adjacent property just east of the subject lot. He said if the property is acquired it will serve as additional parking area. He said the current building design accommodates 84 units. Board Members asked how many parking spaces the current design specified. Staff Member Kritz stated the existing parking design indicated 82 spaces under the building. Staff Member Kritz said that the minimum tot area requirement is the issue that the-Board is reviewing. He discussed the two-acre planned unitidevelopment requirement. He stated that the property was the approach to the old WisconSin Bddge and that it is currently the Tollbridge Inn restaurant and associated paved parking. He said that this is a unique parcel because of its topography and long, narrow configuration. Staff Member Kritz said that there will be a public hearing at both the Zoning Advisory Commission and City Council regarding the proposed project. He said that the proposed building will be from 90-100 feet tall, the top of which will sit approximately 50 feet below the Shires Memorial and Eagle Point Park. Board Members discussed the variance request and felt that due to the unique shape and topography of the .8 acre parcel, a planned unit development is appropdate. Board Members reviewed the criteria for granting a variance and felt that the applicant met said criteria. Motion by Gasper, seconded by Klauer, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 09-03: Application of John Finn for a variance for property located at 164/180 Main Street to expand an existing bar adding 120 seats with no additional off-street parking, 30 spaces required, in a C-4 Downtown Commercial zoning district. Minutes- Zoning Boa~ofAdjustment January 23.2003 Page 8 John Finn presented his application to the Board. He stated that much has changed in his area since he was granted his initial variance several years ago. He discussed the new businesses additional parking and improvements to the Old Main area. He discussed each of the five criteria for granting a variance. He noted he does not have the ability to provide off-street parking on the site or to secure property adjacent to his building to provide the required parking. He stated that there currently are no parking credits for the property at 164 Main Street. He discussed the variances granted for other businesses in the lower Main area, including the Maria Java Caf6 and the Bricktown Brewery. Staff Member Hemenway presented a letter in opposition and two letters in support of the variance to the Board. Mr. Finn submitted an additional letter of support to the Board. Staff Member Hemenway discussed the staff report. He noted that Mr. Finn is planning to remodel the basement at 164 Main Street and breech the wall between his existing business at 180 Main to connect the two business spaces. He referenced the parking study that was undertaken by the City of Dubuque for the Old Main area. He also noted former variances that were granted in the area. Board Members discussed the variance and felt that the proposed expansion would have very limited impact on the Old Main area. Board Members felt that Mr. Finn's request met the criteria for granting a variance. Motion by Gasper. seconded by Urell, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. MINUTES & NOTICES OF DECISION: The minutes of the December 19, 2002 meeting and Notices of Decision for Dockets 77-02, 78-02 and 79-02 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 7:00 p.m. Kyle L. Kritz, Associate Planner Adopted