Minutes_Zoning Board of Adjustment 9 24 09
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m., Thursday, September 24, 2009
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer,
Jeff Cremer and Bill Gibbs; Staff Members Guy Hemenway and Wally Wernimont.
Board Members Excused: Board Member Heath Hutchinson.
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 Gibbs to approve the minutes of the August
27, 2009 meeting. Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and
Ruden; Nay - None.
Chairperson Ruden noted that only four Board members were present and that approval of
an applicant’s requests requires 3 affirmative votes. He said that applicants can choose to
have their request tabled until the next meeting.
SPECIAL EXCEPTIONS
DOCKET 39-09: Application of Michael Dohanich for a special exception for property
located at 2283 White Street to build a 22 foot by 22 foot detached garage 1 foot from
the rear property line and 1 foot from the south side property line, 6 feet and 3 feet
respectively required, in an R-2A Alternate Two-Family Residential zoning district.
Michael Dohanich, 2283 White Street, said that he is requesting to enlarge the existing
garage in order to store his collector car and motorcycle. He said that he wants to
dismantle a portion of the existing garage and expand the structure to 22 foot by 22
foot.
Staff Member Wernimont reiterated the special exception request. He distributed
photos of the site to the Board. He discussed the photos, site layout and proposed
building project. He said that the applicant is requesting to expand the existing
detached garage. He said that, because of the close proximity to the property lines, he
recommends storm water runoff be directed away from the adjacent property. He said
that the existing driveway is not paved. He recommended that the Board place
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 2
conditions upon approval that requires the driveway to be paved and storm water to be
directed away from the adjacent properties.
The Board discussed paving the driveway as it relates to sustainability. The applicant
explained that he has two existing paved tire tracks that connect the garage to the
street. Staff Member Hemenway said that the requirement is to pave the driveway to
the outside dimensions of the vehicle. He explained the reason for this, noting that the
area between the tracks is often not maintained and gravel placed in between the
tracks washes into the street creating safety and accessibility issues.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, with
the condition that storm water be directed away from the adjacent property. Motion
carried by the following vote: Aye – Klauer, Cremer, Gibbs and Ruden; Nay – None.
DOCKET 40-09: Application of Dave & Sharon Ehlinger for a special exception for
property located at 3110 White Street to build a 6 foot by 22 foot front porch, 10 feet
from the front property line, 20 feet minimum required, in an R-3 Moderate Density
Multi Family Residential zoning district.
Dave Ehlinger, 3110 White Street, explained his request to the Board. He said that he
is proposing to add onto an existing porch. He explained that the porch will be wider
and longer than the existing porch.
Staff Member Hemenway distributed photos of the site to the Board. The Board
studied the photos. No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He explained that all of the
adjacent properties are through lots with back yards that abut White Street. He
explained that Mr. Ehlinger’s property fronts White Street. He said that the porch will
not block the view to the sidewalk and street from the adjacent properties.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and
Ruden; Nay – None.
DOCKET 41-09: Application of Larry Locher / City Housing Services Department for a
special exception for property located at 1325 Washington Street to build a front porch
4 feet from the front property line, 10 feet required, and 2 feet from the south side
property line, 3 feet required, on a legally non-conforming property located in a C-4
Downtown Commercial zoning district.
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 3
Joleen Patterson, City Housing Department, explained the request to the Board. She
said that they are proposing to match a front porch to the house, as what was
approved for the adjacent neighbor. She noted that the porch will have a hip roof and
will be of an open design.
No one spoke in opposition to the request.
Staff Member Wernimont reiterated the special exception request. He noted the legal,
non-conforming status of the property. He discussed photos of the site and the former
special exception approval for the adjacent property. He discussed the porch design
and visibility to the sidewalk and street.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and
Ruden; Nay – None.
DOCKET 42-09: Application of Gail & Sidney Clark for a special exception for property
located at 370 Kaufmann Avenue to permit a 30 foot by 16 foot storage
building/carport 0 feet from the west side property line, 6 feet required, in an R-1
Single-Family Residential zoning district.
Sidney Clark, 370 Kaufmann Avenue, explained that he is requesting approval for a
special exception for an existing carport and addition. He said that he is the third or
fourth owner of the property since the addition was added to the structure.
Staff Member Hemenway distributed photos of the site to the Board.
Mr. Clark said that a building permit was issued for construction of the carport/storage
building in 1994. He said that there was no final inspection of the building until 2009.
Staff Member Hemenway explained the building permit process.
Assistant City Attorney, Tim O’Brien, explained that a permit gives the property owner
the right to build a structure on the property providing it meets all applicable City
codes. He explained that the burden is placed on the property owner to determine
where the property line is located in respect to the structure. Staff Member O’Brien
said that no matter what the Zoning Board of Adjustment decides, they cannot approve
the portion of the building that extends over the property line.
Mr. Clark said that he has lived at the property for three years. He explained that the
adjacent property has been bought and sold since they have lived there.
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 4
Staff Member Hemenway explained that a survey has been obtained for the property
line.
Fay Delmolino, 374 Kaufmann Avenue, explained that she is the adjacent property
owner to the Clarks. She said that the addition blocks access to an area located
between the Clark’s house and her fence, which is not being maintained regularly. She
explained that that side of the Clark’s property cannot be maintained without the Clark’s
trespassing onto her property.
The Board asked Ms. Delmolino when she purchased her property. She explained that
she purchased the property at 374 Kaufmann Avenue in 2005. The Board discussed the
location of the storage building in respect to the property line. The Board reviewed
aerial photos of the site
Sidney Clark said that when the neighbor installed the fence, it blocked access to the
area. He said that he has to walk on the adjacent owner’s property in order to access
the site for maintenance and that she does not allow him on her lot.
Staff Member Hemenway explained the request to the Board. He said that the
structure was built in 1994, and that a building permit was obtained to build the
structure. He explained that it is the property owner’s responsibility to locate their
property lines prior to construction of buildings. He said the addition is located 16 feet
away from the closest residence, and does not block the view to the sidewalk or street
from the adjacent properties.
Board Member Gibbs asked about the design of the structure. Mr. Clark said that the
structure is a carport with an attached storage shed.
Board Member Klauer discussed the possibility of installing a door to the area that is not
accessible for maintenance purposes.
Chairperson Ruden asked Assistant City Attorney O’Brien whether the Board can
approve a structure that was built to the property line. He asked how the building can
be maintained if the structure is built to the property line. Staff Member O’Brien said
that maintenance of a structure that is built to the property line is a complex issue that
can only be decided in civil court.
The Board reviewed the criteria for granting a special exception. Chairperson Ruden
discussed criteria number 5. The Board discussed whether the addition will have a
negative impact on the property value of the adjacent property. The Board noted that
the addition has been in place since 1994 and that the property has been bought and
sold over that time period.
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 5
Motion by Klauer, seconded by Cremer, to approve the special exception request.
Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and Ruden; Nay –
None.
DOCKET 43-09: Application of Gary & Patti Schilling for a special exception for
property located at 530 Cooper Place to build a 10 foot by 26 foot attached deck 11
feet from the front property line, 20 feet required, in an R-3 Moderate Density Multi-
Family Residential zoning district.
Gary Schilling, 530 Cooper Place, said that he would like to build a 10 foot by 26 foot
deck on the front of his home. Mr. Schilling presented a photo of the property to the
Board. He explained how the deck will be constructed.
Board Member Klauer asked if the deck will extend further than the concrete patio. Mr.
Schilling said that the existing deck is approximately 6 feet by 9 feet. He explained that
the deck will extend over the concrete. The Board discussed the location of the
proposed deck.
Mr. Schilling said the deck will extend to the edge of the retaining wall. He explained
that the deck will not block the views to the river from the adjacent properties.
Chairperson Ruden asked what type of railing will be installed. Mr. Schilling said that
the railing will be an open design.
John Schreiber, 550 Cooper Place, spoke in opposition to the request. He said that the
proposed special exception, if approved, will diminish his property value. He referred to
an e-mail that was submitted to the Board.
The Board noted that the existing deck at 530 Cooper Place is dilapidated and that
replacing it with a new deck and should not have a negative impact on the property
value.
Mr. Schreiber expressed concern with the size of the deck and how it may impact
property values.
Dorothy Bastian, 2742 Pleasant View, said that she has lived at 530 Cooper Place. She
said she felt that the installation of the deck will improve the property value.
Mr. Schilling said he was initially proposing a deck/carport design that would extend to
the side property line. He said that the addition of the deck will add value to the
property.
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 6
Staff member Hemenway outlined the staff report. He referred to letters that were
submitted to the Board from adjacent property owners that are opposed to the
proposed deck. He referred to aerial photos of the site. He said that the location of
the deck will not block the views to the sidewalk and street from the adjacent
properties. He said that the deck will not have a roof or be enclosed. He
recommended that the Board review the criteria for granting a special exception.
The Board reviewed the criteria for granting a special exception. Board Members said
that they felt that the addition of the proposed deck will increase property values and
meet the criteria necessary for granting a special exception.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and
Ruden; Nay – None.
DOCKET 44-09: Application of Martin McNamer for a special exception for property
located at 1800 Manson Road to build a house 800 feet from the front property line, 50
feet maximum permitted, in an R-1 Single-Family Residential zoning district.
Marty McNamer, 1749 Creek Wood Drive, said that he is purchasing a 7-acre parcel. He
said that he wants to restore a barn on the site and build a new single-family home.
He explained that he will extend a driveway from Manson Road back to the house. He
said that the majority of the site is located in the flood plain.
Staff Member Wernimont reiterated the special exception request. He referred to
photos of the site that were presented to the Board. He noted the site layout, flood
plain location, and house and barn locations. He explained that the lot may need to be
subdivided prior to building a new home if the existing farm house is not demolished.
He said that he spoke with the Fire Department regarding access to the proposed
residence. He said that the Fire Department required that, if approved, a 20-foot wide
access lane, with a turnaround, be installed and that the subject drive be addressed at
the street.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, with
the following conditions that: 1) a 20-foot wide paved driveway access with turnaround
be installed; and 2) the property be addressed at the street.
Motion carried by the following vote: Aye – Klauer, Cremer, Gibbs and Ruden; Nay –
None.
DOCKET 45-09: Application of Marty McNamer / North Cascade Road Developers for
a special exception for property located at 1717/1723 Creek Wood Dr. to build a single-
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 7
family home on two lots 110 feet from the front property line, 50 foot maximum
permitted, in an R-2 Two-Family Residential zoning district.
Marty McNamer, 1749 Creek Wood Drive, said that he has sold two lots that total
approximately 3 acres in the Timber Hyrst Subdivision. He said that the new owner
would like to build a home approximately 80 feet back from the front property line. He
explained that the single-family home will straddle the common lot line between the
two lots.
Staff Member Wernimont outlined the staff report. He discussed an aerial photo
detailing the flood plain, site contours and house location. He said that the Fire
Department has reviewed the location and has recommended that the driveway be
addressed at the street.
Motion by Klauer, seconded by Gibbs, to approve the special exception request with the
condition that the house be addressed at the street. Motion carried by the following
vote: Aye – Klauer, Cremer, Gibbs, and Ruden; Nay – None.
DOCKET 46-09: Application of Elizabeth Kies / Alexander Wiese for a special
nd
exception for property located at 3298 W. 32 Street to erect a 6 foot high fence in the
front yard (Kennedy Road), 4 feet high maximum permitted, in an R-1 Single-Family
Residential zoning district.
nd
Alexander Wiese and Elizabeth Kies, 3298 W. 32 Street, explained that they would like
to build a 6 foot high fence along Kennedy Road to provide for the safety of their dogs
and kids and to help reduce road noise. They said that the fence will be a solid privacy
fence.
Staff Member Hemenway outlined the staff report and distributed photos of the site to
the Board.
Board Member Gibbs asked why they would like to install a 6 foot high fence instead of
a 4 foot high fence. Mr. Wiese said a 6 foot high fence reduces noise more effectively
because the height will be above ear level.
George and Rose Pfeiler, 3150 Kennedy Road, spoke in opposition to the request. They
cited issues with the view to the street while backing vehicles out of their driveway.
They said that they would not object to the fence if it is moved back 5 feet.
Mr. Wiese said that they are open to moving the fence further back from the property
line.
City of Dubuque Zoning Board of Adjustment
September 24, 2009
Page 8
Board Member Klauer explained that he is opposed to a 6 foot high fence located that
close to the property line. Board Members said that they felt that if the fence were to
be moved five feet back from the property line along Kennedy Road it would not have a
negative impact on sight visibility to the street from the adjacent property. The Board
discussed the location of the fence.
Motion by Klauer, seconded by Cremer, to approve the special exception, with the
condition that the fence be located 15 feet west of southwest corner of the residence
and run parallel to Kennedy Road. Motion carried by the following vote: Aye – Klauer,
Cremer, Gibbs and Ruden; Nay – None.
ITEMS FROM BOARD:
Board Member Klauer asked about Docket 36-09, a conditional use permit for a child care
center for the University of Dubuque. Staff Member Hemenway noted that he has
reviewed a site plan and the timeframe for construction of the child care center.
ADJOURNMENT: The meeting adjourned at 6:07 p.m.
Respectfully submitted,
______________________
Kyle L. Kritz, Associate Planner Adopted
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