Minutes_Zoning Board of Adjustment 3 22 18 Copyrighted
April 16, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Airport Commission of 3/26; Cable TV Commission of 4/4;
Community Development Advisory Commission of 3/28;
Historic Preservation Commission of 3/15; Human Right
Commission of 3/12; Library Board of Trustees Update of
3/29; Parks and Recreation Advisory Commission of 3/13;
Resilient Community Advisory Commission of 3/1 ; Zoning
Advisory Commission of 4/4; Zoning Board of Adjustments
of 3/22; Proof of Publication for City Council Proceedings
3/19
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Airport Commission Minutes of 3/26 Supporting Documentation
Cable N Commission Minues of 4/4 Supporting Documentation
Community DevelopmentAdvisory Commission Minutes Supporting Documentation
3/28
Historic Preservation Commission Minutes of 3/15 Supporting Documentation
Human Right Commission Minutes of 3/12 Supporting Documentation
Library Board of trustees Update of 3/29 Supporting Documentation
Parks and Recreation Advisory Commission Minutes of Supporting Documentation
3/13
Resilient Community Advisory Commission Minutes of Supporting Documentation
3/1
Zoning Advisory Commission Minutes of 4/4 Supporting Documentation
Zoning Board of Adjustment Minutes of 3/22 Supporting Documentation
Proof of Publication for City Council Proceedings 3/19 Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, March 22, 2018
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith Ahlvin
and Bethany Golombeski; Staff Members Guy Hemenway and Kyle Kritz.
Board Members Excused: Board Members Jeff Cremer and Joyce Pope.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:03 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: The minutes of the February 22, 2018 Zoning Board of Adjustment meeting
were not included in the agenda packet. Chairperson McCoy asked that the minutes be
distributed to Board Members and they could review them.
DOCKET 06-18/SPECIAL EXCEPTION: Application of Jeffrey Morton, Jeffrey Morton
Architects, to build a 3,092-square foot accessory enclosure, 1,000 square feet
maximum permitted, and 20' 8" in height, 15' maximum allowed, in an R-1 Single-Family
Residential Zoning District for property located at 1081 Shady Oaks Drive.
Jeffrey Morton, Morton Architects, 206 Bluff Street, said that he represents T. J. King
resident at 1081 Shady Oaks Drive. He reviewed the request, referring to an aerial
photo depicting the location of the proposed accessory structure and the size and height
of the residence and accessory structure. He noted that the subject property is a large
parcel that slopes steeply from street level to the back yard. He said that the proposed
accessory structure will be built 12 feet below the grade of the basement of the
residence. He noted that the site topography and wooded hillside will reduce the visual
impact of the structure.
Mr. Morton discussed a cross section of the house and the proposed structure. He said
that it illustrates that the base level of the proposed structure will be lower than the
existing residence. He indicated that the materials used to fabricate the structure will be
similar in nature to those of the existing house, and he said that very few trees will have
to be removed in the building process.
Zoning Board of Adjustment Minutes Page 2
March 22, 2018
T. J. King said that placement of the structure was dictated by the site topography and
the location of existing trees.
Board Members questioned the spacing between the structure and the neighbor's
house. Board Members also discussed the height of the structure relative to the
adjacent residence. Mr. King stated that he would install landscaping along the
common lot line between his property and his neighbor's lot to help buffer and screen
the proposed structure.
There was no public input.
Staff Member Hemenway reviewed a letter of opposition submitted by John Tallent of
1078 Shady Oaks Drive. He noted that the proposed structure will be approximately 90
feet from the nearest adjacent residence and approximately 150 feet from the residence
across Shady Oaks Drive. He said that the current residential bulk standards are not
well suited for large estate properties and large houses. He said that the size of the
proposed accessory structure would not be out of character or scale with both the
property and the existing house. He said that the structure would be screened by the
residence and by a wooded hillside.
Board Member Ahlvin said that the proposed structure is located very close to the
adjacent property line and he said that he felt the modest 6-foot setback would not be
adequate to support a vegetative screen.
Chairperson McCoy stated that he felt that a basketball court tends to generate
considerable noise and he asked if it would be possible to shift the structure to the
north, increasing the setback between the structure and the adjacent residential
property. Mr. King noted it would be difficult to move it directly behind the house, but it
would be possible to shift the structure a bit further to the north. Chairperson McCoy
asked if it could be shifted four feet more to the north. Mr. King agreed to the request.
Motion by McCoy, seconded by Ahlvin, to approve the Special Exception request
to build a 3,092-square foot accessory structure, 1 ,000 square feet maximum, and 20'8"
in height, 15 feet maximum allowed, with the condition that the south side yard setback
be increased to 10 feet and that an effective vegetative screen be placed along the
entire length of the accessory structure. Motion carried by the following vote: Aye —
Ahlvin, Golombeski and McCoy; Nay — None.
DOCKET: 07-18/SPECIAL EXCEPTION: Application of Conlon Construction
Company, to construct single-family home 460 feet from the front property line, 50'
maximum permitted, in R-3 Moderate Density Multi-Family Residential district for
property located on Creek Wood Drive Lot 38.
Zoning Board of Adjustment Minutes Page 3
March 22, 2018
Rod Schumacher, Conlon Construction Company, said that he represents the property
owners. He said that the property is approximately 15 acres in size. He noted the
former approval for a Special Exception. He said that the property owners want to shift
the building closer to the street than was originally requested.
Staff Member Hemenway reviewed the request stating that the property was heavily
wooded and split by deep drainage. He said that written notification was sent to all
adjacent property owners. He said that staff spoke to the property owner to the east
regarding the request. He said that because the proposed location of the house differs
significantly from the request approved in 2016 a new Special Exception was needed.
He said that shifting the house closer to the street will reduce the amount of paved
driveway and reduce the amount of vegetation that will have to be removed. He
recommended that, if the Board were prone to approve the request, that it be subject to
Fire Department review for emergency access.
Board Members discussed the request and noted that staff had mentioned a hydrant.
Staff said it would be up to the Fire Department whether a main and hydrant had to be
extended to the building site.
Motion by McCoy, seconded by Ahlvin, to approve the Special Exception request
with the condition that the Fire Department approve the driveway access. Motion
carried by the following vote: Aye — Ahlvin, Golombeski and McCoy; Nay — None.
DOCKET: 08-18/SPECIAL EXCEPTION: Application of Joe Schmitt to cover 43°k of
the lot with structure(s), 40°k maximum permitted, and to place the building 14 feet from
the front property line (South Pointe Drive), 20 feet minimum required, in an R-1 Single
Family Residential Zoning District for property located at Autumn Ridge Lane (Lot 15
South Pointe).
The applicant was not in attendance.
Chairperson McCoy said that the request would be moved to the end of the meeting.
DOCKET: 09-18/SPECIAL EXCEPTION: Application of IIW/ Dubuque Community
Schools to expand a school with a deficit of 83 off-street parking spaces in an R-2 Two-
Family Residential District for property located at 1090 Alta Vista.
Mark Fassbinder, IIW Engineering, introduced Bill Burkhart, Facilities and Property
Manager for the Dubuque Community School District. He reviewed the Unified
Development Code (UDC) requirements regarding off-street parking for schools. He
noted the number of teachers proposed for the combined schools. He discussed the
unique nature of the school stating that the students would be bussed in and that there
would be few after school activities and no public sporting events. He reviewed the
options considered for addressing the parking needs noting the constraints created by
the existing storm sewer system and the limited impermeable area on the site.
Zoning Board of Adjustment Minutes Page 4
March 22, 2018
Mr. Burkhart discussed a map of the building and grounds. He noted that an open
house was held with the neighbors and that four had attended. He said that the old
boiler building would be removed.
Tim Schultz, 835 Rose Street, said he did not get written notification or an invitation
from the Dubuque Community School District. He expressed concerns with the
potential loss of on-street parking in front of neighboring houses. He said he is
concerned with litter often generated by students. He asked if police would be available
when school is dismissed to prevent any kind of problem behavior that may occur. He
said that the school district did not make it clear whether they had leased the
appropriate number of parking spaces from Nativity. He said that he felt it should be
required that the school district purchase the Nativity property to guarantee they would
have adequate parking in perpetuity. He discussed the ability for the neighbors to
create a residential parking permit district. He said that he felt it is possible that there
may be special events that occur after school hours.
Victoria Collins, 1290 Belmont Street, said that she has reviewed the criteria necessary
for granting a variance. She said that she felt that the applicanYs request did not satisfy
the criteria. She noted that a Special Exception on Belmont Street had been denied in
the past and that the Board had cited a lack of on-street parking as a reason. She said
that on-street parking in her neighborhood is at a premium. She said that college
students often consume most of the available on-street parking noting that it is not
unusual for them to park on Belmont Street and walk to Loras College. She discussed
neighborhood parking problems and indicated that because the Board denied a Special
Exception request on Belmont Street in the past, they should deny the proposed
variance request.
Cindy Smith, 935 Center Place, expressed concerns with storm water and its potential
effect on the dilapidated alley behind her house.
Mr. Fassbinder stated that the students will be bused to the site and will not be walking
through the neighborhoods. He said that the site drops 45 feet in elevation from Alta
Vista to the alley. He said that the school district does not want to increase the amount
of impermeable area in an effort to reduce the volume of runoff and limit downstream
storm water issues. He said he has been discussing improvements to the site with the
City's Engineering Department. He said that there is adequate surplus parking on the
Nativity property, and the only time there may be a higher demand on parking would be
during funerals or special events that would require overflow parking onto the adjacent
city streets.
Mr. Burkhart noted that the School District has a tentative lease with Nativity which he
said would satisfy faculty and staffs parking needs. He said they are considering the
purchase of a portion of Loras College's adjacent property for future parking. He said
that process would not happen immediately. He noted the school's limited hours of
Zoning Board of Adjustment Minutes Page 5
March 22, 2018
operation and he said that the School District has no intention to conduct special
activities in the gym. He said that the facility is a half-gym that would prevent it from
being used for standard sporting events. He said that the school district is currently
paying $900,000 in rent to Hillcrest Services, and that the new school building will
ultimately save the taxpayer's money.
Board Members discussed the request, noting that Nativity no longer has a school and
that there appears to be some additional on- and off- street parking available.
Staff Member Hemenway reviewed the request, noting the receipt of a letter from
Wayne McDermott of 1115 Center Place in favor of the request and a letter from James
Waldbillig and family, 847 Rose Street, in opposition to the request. He discussed how
school facilities' parking requirements are calculated. He said that the proposed school
addition would be 8,000 square feet on each of three floors. He said access to the two
parking lots would be taken from Rose Street and Alta Vista. He said that parking is a
shared public resource and that there is no guarantee that adequate on-street parking
will always be available in front of each residence. He reviewed aerial photos of the
neighborhood, noting that many of the houses had either garage or surface parking. He
asked the Board to exercise caution when reviewing the proposed Nativity 83-space
parking lease, stating that if the lease were to be discontinued it would create a
problem.
Chairperson McCoy discussed parking issues in the area, noting that this project did not
include the Loras College property.
Board Members discussed the request, and asked for clarification regarding the
previous Belmont Street Special Exception. Staff Member Hemenway said that the
former request was for inadequate lot area, not a parking variance.
Board Members discussed the proposed increase in school staffing and available on-
street parking. Staff Member Hemenway noted there is approximately 50 on-street
spaces a certain percentage of which may be available depending on the timing of
Loras College and Nativity Church activities.
Board Member Ahlvin said that he is concerned that the school is not able to fully
provide parking for all staff.
After further discussion, Chairperson McCoy asked the applicant if he would be willing
to table the request in an effort to resolve some of the outstanding issues. Mr. Burkhart
indicated he was willing to table the variance request.
Motion by Ahlvin, seconded by Golombeski, to table the Variance request until the next
regular Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye
— Ahlvin, Golombeski and McCoy; Nay — None.
Zoning Board of Adjustment Minutes Page 6
March 22, 2018
DOCKET: 08-18/SPECIAL EXCEPTION: Application of Joe Schmitt to cover 43°k of
the lot with structure(s), 40°k maximum permitted, and to place the building 14 feet from
the front property line (South Pointe Drive), 20 feet minimum required, in an R-1 Single
Family Residential Zoning District for property located at Autumn Ridge Lane (Lot 15
South Pointe).
Chairperson McCoy recommended that, as the applicant is not attendance, the request
be tabled.
Motion by McCoy, seconded by Golombeski, to table Docket 08-18 Special Exception
request. Motion carried by the following vote: Aye — Ahlvin, Golombeski, and McCoy;
Nay — None.
ITEMS FROM STAFF:
ITEMS FROM BOARD:
ITEMS FROM PUBLIC:
ADJOURNMENT: Motion by McCoy, seconded by Ahlvin, to adjourn the March 22, 2018
Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —Ahlvin,
McCoy and Golombeski; Nay — None
The meeting adjourned at 6:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted