Minutes_Zoning Advisory Commission 1 6 10Masterpiece on the Mississippi
ABSENT: Commissioner Ron Smith.
The applicant was not in attendance.
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, January 6, 2010
City Council Chamber
350 W. 6 Street, Dubuque, Iowa
Dubuque
brawl
111117
2007
PRESENT: Chairperson Jeff Stiles; Commissioners Stephen Hardie, Martha Christ,
Patrick Norton, Charles Miller and Tom Henschel; Staff Members Guy
Hemenway and Kyle Kritz.
CALL TO ORDER: The meeting was called to order at 6:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the December 2, 2009 meeting were approved unanimously as
submitted.
ACTION ITEMIPLAT OF SURVEY: Application of Buesing & Associates for approval of
the Plat of Survey Pinchuck - Herrig Place located on Miller Road.
Staff Member Kritz described the plat location and discussed an aerial photo of the site.
He said the applicant's intent is to consolidate three lots and create two new ones. He said
Lot 1 does not have frontage along a public or private street; however, it will be sold to the
owner of Lot 26 of Timber Hyrst Estates, which does have frontage on Creekwood Drive.
He said staff does not object to the proposed plat of survey because while the lot does not
have frontage on a public or private street, it is not readily buildable due to topography and
flood plain. He recommended approval.
Commissioners discussed the request and felt it was appropriate.
Motion by Hardie, seconded by Henschel, to approve the plat of survey of Pinchunk- Herrig
Place subject to waiving the lot frontage requirement for Lot 1. Motion carried by the
following vote: Aye — Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay — None.
Minutes — Zoning Advisory Commission
January 6, 2010
Page 2
PUBLIC HEARINGIREZONING: Application of Terry Mozena / Langworthy Neighborhood
Association to rezone a portion of the Langworthy Neighborhood properties from R -2 Two -
Family Residential District to R -1 Single- Family Residential District.
Terry Mozena, 1036 W. 3rd Street, said he represents the Langworthy Neighborhood
Association. He reviewed the request to rezone a portion of the Langworthy Neighborhood
from R -2 to R -1. He said he would like the district zoning to be consistent and to reflect the
single - family character of the neighborhood. He said the request is consistent with
Comprehensive Plan Goals that will help preserve the character of the neighborhood.
Cindy Steinhauser, 450 Alpine Street, spoke in support of the rezoning request. She noted
that a number of structures in the Langworthy Neighborhood have been converted from
multi - family units back to their original single- family configuration. She said the rezoning
would help reinforce this trend.
Greg Schuetz, 1095 Langworthy Street, said that he lives next to the Campbell property at
1133 Langworthy Street. He noted that there have been problems with renters at that
property in the past. He said that he supports the request to rezone the neighborhood
properties.
Staff Member Hemenway reviewed the request noting the number of parcels and
residences within the district. He discussed the map that indicated those property owners
that have signed a petition in favor of the request, and those that have not signed the
petition. He discussed two letters of support that were submitted and one letter of
opposition by Ms. Campbell at 1133 Langworthy Street.
Commissioner Henschel said that the rezoning seems very reasonable as it would
reinforce the original intent of the single - family neighborhood.
Commissioner Norton said he is concerned with a resident's private property being rezoned
over their objections. He discussed the ability for the Commission to rezone just those
properties that signed the petition in favor of the request.
Commissioner Hardie said that there really had been only one letter of opposition and that
the person submitting it had not attended the meeting. He said that he felt the
neighborhood rezoning was appropriate.
Mr. Mozena clarified that those property owners within the rezoning area that did not sign
the petition could not be reached by the timeline necessary for submittal of information to
the Planning Department. He said those that did not sign were not necessarily opposed;
they just could not be reached in a timely fashion.
Chairperson Stiles asked for clarification regarding non - conformities. Staff Member
Hemenway noted that all residential structures within the district would be able to be rebuilt
r
Minutes — Zoning Advisory Commission
January 6, 2010
Page 3
under the current UDC non - conformity regulations. He noted that there are a number of
multi- family residences within the districts that are currently non- conforming under the R -2
regulations.
Commissioner Christ said she fully supported the request.
Commissioner Miller said that he did not support a friendly amendment to his motion
regarding excluding some of the properties within the district. He noted that changing the
zoning did not necessarily create additional non - conformities.
Motion by Miller, seconded by Christ, to approve the rezoning as submitted. Motion carried
by the following vote: Aye — Hardie, Christ, Miller, Henschel and Stiles; Nay — Norton.
PUBLIC HEARINGITEXT AMENDMENT: Application of Norm Granback / Blue Moon
Development Co. to permit freestanding signs in the C -5 Central Business District.
Norm Granback, representing the Holiday Inn at 450 Main Street, reviewed his request for
a text amendment. He said that the Holiday Inn would like to install a freestanding sign on
their property because many out -of- towners are not able to identify the hotel or its entrance
at street level. He said that the Holiday Inn is rebranding world -wide and that new signage
is going to be required.
Staff Member Hemenway reviewed the request, noting where freestanding signage is
currently allowed in the C -5 District.
Commissioners asked how many signs were currently allowed on the Holiday Inn and at
what locations they were permitted. Staff Member Hemenway clarified the permitted wall -
mounted signage for the site. Commissioner Hardie asked if signs would be allowed on
both sides of Main Street from 4 to 5th Streets. Staff Member Hemenway said yes;
however, the west side of the street is the site of the Five Flags Civic Center and Orpheum
Theater.
Commissioners discussed the request and felt it was reasonable.
Motion by Christ, seconded by Henschel, to approve the amendment to permit freestanding
signs in the C -5 Central Business District. Motion carried by the following vote: Aye —
Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay — None.
PUBLIC HEARINGITEXT AMENDMENT: Application of City of Dubuque to amend Article
15 -12 of the Unified Development Code regarding off - premise sign area.
Staff Member Hemenway reviewed the request, noting that the amended language is
intended to reflect the intent of the original zoning ordinance and the wishes of the Sign
Committee for the new Unified Development Code.
Minutes — Zoning Advisory Commission
January 6, 2010
Page 4
Commissioners and staff discussed the intent of the original square footage requirements
for off - premise signage. Staff noted that the amended language attempts to more clearly
state the original intent of the zoning ordinance. He noted that the amended language was
drafted with the City Legal staff's guidance.
Motion by Miller, seconded by Henschel, to approve the amendment to Article 15 -12 of the
Unified Development Code regarding off - premise sign area. Motion carried by the
following vote: Aye — Hardie, Christ, Norton, Miller, Henschel and Stiles; Nay — None.
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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