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Minutes Zoning Bd Adj 2 27 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, February 27, 2003 4:00 p.m. Majestic Room, Five Flags Civic Center 401 Main Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Bill Gasper, Jim Urell, Randy Klauer and Bill Felderman; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: None. AFFIDAVIT O'F COMPLIANCE: Staff p'resented 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 10-03: Application of Roger Murray for a variance for property located at 80 Main Street to open a 150 seat restaurant with 17 employees with a deficit of 40 off-street parking spaces in a C-4 Downtown Commercial zoning district. Roger Murray reviewed his request with the Board, stating that he wished to establish a new pizza restaurant and required a parking variance. He reviewed the building layout and discussed probable hours of operation. Board Members reviewed the existing on- street parking and discussed the possibility or removing an existing curb cut to create one additional spot in front of the proposed restaurant. David Herbst, 10440 Timothy, stated he was opposed to the variance because of the limited amount of available on-street parking. He stated that when the building was auctioned, it was clear that there was no parking available for it. He stated that his business is open from 7:00 a.m. to 7:30 p.m. and there is potential conflict between his customers and clientele for the restaurant. He stated that there is demand on parking in evenings by adjacent Bishop Block tenants. Linda Herbst, 10440 Timothy, stated that she had been involved in the development of the Old Main Reinvestment Strategy. She read the vision statement from the study, which called for a mix of uses and abundant parking. Mrs. Herbst stated that the goal was to encourage a mix of residential, commercial and service-oriented businesses, not to create another Galena. She stated that she is concerned with the number of variances that had already been granted in the Old Main area. She stated that she feels that a 40-space parking deficit is excessive. She said she is in favor of economic development, but that such development should be consistent with surrounding businesses. Minutes - Zoning Board of Adjustment February 27, 2003 Page 2 Board Members asked the Herbsts if their customers had difficulty parking in the area. Mrs. Herbst indicated that she has received complaints regarding the 20-minute meter in front of their business. She stated that there are many school and mini-bus trips generated by the children and handicapped individuals in the Bishop Block building. She said that many of the residential tenants cannot find parking in the evenings. Dr. Murray stated that he had talked with adjacent property owners, including Mr. Gudenkauf and his tenant, and that they said they did not have a problem with him opening a restaurant at this location. He stated that he also spoke with the owner of Atlast Fluid Company, and he was not opposed to the proposed project. Mr. Murray stated that the restaurant will be busiest during the lunch hour and later in the evening. Staff Member Hemenway reviewed the request. He stated that there are 56 on-street parking spaces from 2"~ Street to the cul-de-sac along Main Street, including l~t Street. He reviewed the 2000 parking study noting that while the total number of spaces will be adequate, they may not always be conveniently located. He stated that there is a 20- minute meter in front of the Herbst Upholstery Shop and it's intended to provide convenient short-term parking for businesses in the area. Board Members discussed the request in light of existing parking in the area and proposed future development. Board Members reviewed the criteria for granting a variance stating they feel the criteria was met. Motion by Urell, seconded by Felderman, to approve the request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Ruden; Nay - Gasper. DOCKET 11-03: Application of Ron & Margie White for a conditional use permit for property located at 2134-2160 Central Avenue to expand an existing auto sales lot in a C-4 General Commercial zoning district. The applicant was not in attendance. Motion by Felderman, seconded by Urell, to table the request. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - Felderman. DOCKET 13-03: Application of Jeff Streinz/Aspermont Company for a conditional use permit for property located at 2175 Central Avenue to construct a car wash in a C-4 Downtown Commercial zoning district. Jeff Streinz, owner of Dubuque Discount Gas, said that he recently demolished the old gas station building and replaced it with a new building, which is designed to accommodate a car wash. He said that the car wash will be accessed from the north at the rear of the building and vehicles will exit onto Central Avenue. Minutes - Zoning Board of Adjustment February 27, 2003 Page 3 Dick Hartig, 2225 Central Avenue, said that Mr. Streinz's request is reasonable and he has no objections to the proposed car wash. Staff Member Kritz said that the original car wash was removed as part of the demolition and the structure lost its grandfather status. He said that now a conditional use permit is necessary to rebuild a car wash. He said that the Engineering Department has reviewed and approved the proposed access. Chairperson Ruden stated that there is adequate stacking space between the end of the car wash and CentraI Avenue. The Board Members discussed the request and agreed that it meets the conditions for granting a conditional use permit. Motion by Urell, seconded by Gasper, to approve the request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. DOCKET 14-03: Application of Clay & Janelle Wilwert for a variance for property located at 145 North Crescent Ridge Road to allow 10 wall-mounted signs, for a total of 500 square feet of area, where 2 wall mounted signs, for a total of 380 square feet of area, are permitted in a C-3 General Commercial zoning district. Clay Wilwert reviewed his request, noting that the wall signs are to advertise the numerous product brands that will be sold at his business. He said that the pole signs are needed primarily to advertise to the motoring public. He stated that the corporate requirements prohibit him from grouping the signs. He indicated he is putting up less freestanding signage than would be allowed under current C-3 regulations. He said that he wants to use the savings in square footage for freestanding signs to create the additional wall- mounted signage. The Board reviewed the standards for granting a variance. Board Members asked if signs could be grouped to reduce the number. Mr. Wilwert stated that Harley Davidson requires one freestanding sign and one wall-mounted sign. Staff Member Hemenway reviewed the request, noting the sign square footage, number and location. The Board reviewed potential sign alternatives and Board Members stated that they feel that the request does not meet the criteria for granting a variance in that Mr. Wilwert did not demonstrate a hardship. Motion by Felderman, seconded by Klauer, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Felderman, Gasper and Ruden. DOCKET 15-03: Application Rick Droeske/Fountain Park for a variance for property located at 2728 Asbury Road to install one 22 % square foot wall-mounted sign, 16 square feet maximum permitted; and to install a second wall-mounted sign, one wall-mounted sign Minutes - Zoning Board of Adjustment February 27,2003 Page 4 maximum permitted; and to install one freestanding sign, for a total of seven freestanding signs and 197 % square feet of area, where one freestanding sign and 40 square feet of area is the maximum permitted, in an OC Office Commercial zoning district. Bart Kintzinger, Manager of Rafters Restaurant, reviewed his request, explaining the style and lighting of his proposed sign. He explained that because of the location of the restaurant, it is difficult to see from Asbury Road and that the sign would be timed to go off at 10 p.m. Rick Droeske, White Sign Company, reviewed the lighting, pointing out examples currently used in the community. He reviewed the proposed fountain signage, noting that it would not be internally lit. Mr. Droeske also explained that the proposed Cove Building signage is for the back of the building. He stated that the Cove Building has two separate entrances and that it is necessary to sign each one. Staff Member Hemenway reviewed the previous variance request. He noted the original number of signs and their location and square footage for both the original and the current variance. He reviewed the directional sign regulations. Board Members reviewed the request. They disagreed on whether each of the proposed signs for the Fountain Park facility demonstrated a hardship. The Board discussed the criteria for granting a variance. Motion by Urell, seconded by Gasper, to approve the 22.5 square foot wall-mounted sign for Rafters Restaurant. Motion was denied by the following vote: Aye - Gasper and Ruden; Nay - Klauer~ Urell, and Felderman. Motion by Urell, seconded by Klauer, to approve the Cove Building second sign. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - Urell and Felderman. Motion by Urell, seconded by Felderman, to approve the freestanding fountain sign. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper, Felderman and Ruden. MINUTES & NOTICES OF DECISION: The minutes of the January 23, 2003, meeting and Notices of Decision for Dockets 81-02, 01-03, 02-03, 03-03 04-03, 05-03, 06-03, 07- 03, 08-03 and 09-03 were approved unanimously as submitted. ADJOURNMENT: The meeting adj~!3e~ rat ?~u~.m. Kyle L. Kritz, Associate Planner Adopted