Minutes_Zoning Advisory Commission 10 3 18 Copyrighted
October 15, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 10/1; Historic Preservation
Commission of 9/20; Library Board of Trustees Minutes of
7/26, 8/23 and Council Update #175 of 7/26; Park and
Recreation Advisory Commission of 9/26; Zoning Advisory
Commission of 10/3; Zoning Board of Adjustment of 9/27;
Proof of publication for City Council Proceedings of 9/17;
Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 8/31/18
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 10/1/18 Supporting Documentation
Historic Preservation Commission Minutes of 9/20/18 Supporting Documentation
Library Board of Trustees Minutes of 7/26/18 Supporting Documentation
Library Board of Trustees Minutes of 8/23/18 Supporting Documentation
Library Board of Trustees Council Update#175 of Supporting Documentation
7/26/18
Park and Recreation Advisory Commission Minutes of Supporting Documentation
9/26/18
Zoning Advisory Commission Minutes of 10/3/18 Supporting Documentation
Zoning Board of Adjustrnent Minutes of 9/27/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
9/17/18
Proof of Publication for List of Claims-Summary of Staff Memo
Revenues for ME 8/31/18
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MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION I
6:00 p.m.
Wednesday, October 3, 2018
City Council Chamber, Historic Federal Building �
Commissioners Present: Chairperson Tom Henschel; Board Members Pat Norton,
Laura Roussell, Steve Baumhover, Martha Christ, Tom Henschel and Michael Belmont.
Commissioners Excused: Rich Russell.
Commissioners Unexcused: None.
Staff Members Present: Kyle Kritz and Wally Wernimont
CALL TO ORDER: The meeting was called to order by Chairperson Henschel at 6:00
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: Motion by Norton, seconded by Roussell, to approve the minutes of the
September 5, 2018 meeting. Motion carried by the following vote: Aye — Baumhover,
Belmont, Christ, Norton, Roussell, and Henschel; Nay— None.
PUBLIC HEARINGS
PUD Amendment: Application of Dubuque South Pointe, LLC to amend the PUD to
revise townhouse setback requirements in the South Pointe Subdivision.
Commissioner Pat Norton recused himself from the table.
Pat Norton, Buesing & Associates, 1212 Locust Street, explained the request to the
Commission. He said that he is in attendance to represent Dubuque South Pointe,
LLC, and noted that Aaron Healy and Holly Lovell could not attend the meeting.
Mr. Norton explained that the Zoning Advisory Commission reviewed the request
previously. He said that the amendment would only include a portion of the subdivision.
Zoning Advisory Commission Minutes Page 2
October 3, 2018
He said when the previous amendment came before the Zoning Advisory Commission
there was a miscommunication on which lots would be covered by the proposed
rezoning.
No one spoke in opposition to the request.
Staff Member Kritz presented the staff report. He explained that the Commission heard
an amendment previously on this request. He said there was a miscommunication on
the lots to be rezoned. He said the request is for some of the residential lots to have
10-foot front and rear yard setbacks. He said that several of these lots will abut the
mobile home park or Table Mound School or are double frontage lots. He said the
applicants are also requesting to exempt open decks from the required rear yard
setback. He explained there are several public utility easements along the rear
property line which would prohibit decks to be constructed into the easement area.
Commissioner Belmont asked if the previous amendment included open decks in the
required setback. Staff Member Kritz said that the open decks were not in the previous
submittal. Commissioner Belmont said that there is a potential to have two decks that
will touch each other at the common rear property line. He noted he had concerns with
the required rear yard setback which would allow decks to be constructed 0 feet from
the property line. Chairperson Henschel agreed with Commissioner Belmont.
Staff Member Kritz explained to the Commission that they have the ability to
recommend modifications to the PUD amendment request by the applicant.
Commissioner Belmont said he has no issues with a deck being constructed two feet
from the rear property line. Commissioners Roussell and Christ stated they have no
objection to the proposed modification to the PUD amendment.
Motion by Belmont, seconded by Baumhover, to approve the PUD amendment
provided that a two-foot rear yard setback be allowed for open decks. Motion carried by
the following vote: Aye — Baumhover, Belmont, Christ, Roussell, and Henschel; Nay—
None; Abstain — Norton.
Rezoninq: Application of K & L Leasing LLC to rezone property located at 701 Bluff
Street from OR Office Residential to C-4 Downtown Commercial zoning district.
Ken Lin, K & L Leasing LLC, reviewed his request with the Commission. He said he
would like to rezone the property to C-4 Downtown Commercial to allow for the
development of a new restaurant.
No one spoke in opposition to the request.
Staff Member Wernimont reviewed the allowed uses in OR Office Residential versus
the allowed uses in the C-4 Downtown Commercial zoning district. He reviewed the
existing district boundaries of OR and C-4. He noted the availability of off-street parking
Zoning Advisory Commission Minutes Page 3
October 3, 2018
on the adjacent property owned by the applicant, and the surrounding zoning and land
uses.
The Commission discussed the ownership of the adjacent structure, reviewed the
mixed-use nature of the area, and noted that there were no objections to the rezoning
request.
Motion by Christ, seconded by Norton, to approve rezoning the property from OR Office
Residential to C-4 Downtown Commercial zoning district. Motion carried by the
following vote: Aye — Baumhover, Belmont, Christ, Norton, Roussell, and Henschel;
Nay— None.
Rezoninq: Application of A & A Horsfall Properties LLC to rezone property located at
3172 W. 32�d Street from R-1 Single-Family Residential to R-2 Two-Family Residential
zoning district.
Commissioner Baumhover recused himself from the discussion.
Doug Horsfall reviewed his request noting his desire to rezone the property to allow for
construction of a two-unit townhouse.
Nicole Jackson, 3210 W. 32�d Street, spoke in opposition to the request. She said she
purchased her home because of the country feel of the neighborhood. She said that
the building of a two-unit townhouse would change the character of the neighborhood.
She said that it would increase traffic, and is not in compliance with the Comprehensive
Plan's Land Use Map, which designated the property for single-family use. She
reviewed the criteria for granting a rezoning.
George Pfeiler, 3150 John F. Kennedy Road, spoke in opposition to the request. He
said he liked the property to be maintained as R-1 Single-Family Residential.
Kim Brestrup supported the previous speakers who voiced their opposition to the
request.
David Unsen, 3078 John F. Kennedy Road, spoke in opposition to the request. He said
that R-2 Two-Family Residential zoning is not consistent with the surrounding area of
single-family homes. He said he would like the property to remain zoned as R-1 Single-
Family.
Lyle Cardy, 3058 John F. Kennedy Road, said that the area has always been R-1
Single-Family Residential, and is opposed to multi-family dwellings because of the
additional density of the neighborhood. He said that if the property is rezoned, it will
encourage additional rezoning requests to two-family.
Zoning Advisory Commission Minutes Page 4
October 3, 2018
Staff Member Wernimont noted that staff has received an email in opposition to the
rezoning from Katy Pemsl on behalf of David Pemsl who resides at 3032 West 32nd
Street. Staff provided a copy of the email to the Commission.
Chairperson Henschel asked if Mr. Horsfall would like to respond to the comments
made by the neighbors. Mr. Horsfall declined to rebut.
Staff Member Wernimont presented the staff report. He reviewed the request, noting
the difference between R-1 and R-2 zoning, indicating that R-2 has the same list of
uses except that it allows duplexes. He reviewed the surrounding developments that
incorporated two-unit townhomes in their developments. He noted that the area has
changed with the construction of the Northwest Arterial and the reconfiguration of the
W. 32"d Street to a cul-de-sac and bike trail. He reviewed the existing and historical
vehicle trips for W. 32"d Street. He said, if subdivided, the lot is large enough to
accommodate two two-unit townhomes or duplexes.
Commissioner Roussell reviewed the existing lot layout and noted the Comp Plan
designates the future land use of the area as single-family residential.
Commissioner Christ felt that the subject neighborhood has always been single-family
unlike recent subdivisions that have been constructed. She indicated that the
subdivisions that have been constructed have incorporated two-unit homes that were
planned from the beginning.
Commissioner Belmont said that he does not support the request because of the
existing zoning but doesn't believe duplexes would cause harm to the area.
Commissioner Norton felt that R-2 Two-Family is not inconsistent with R-1 Single-
Family as the only difference is duplexes. He explained that the existing lot could be
subdivided, and a second single-family home could be constructed in the
neighborhood.
Commissioners discussed what a spot zoning is, and what it isn't.
Commissioner Christ stated that the difference for her with regard to the rezoning to R-2
Two-Family is this is an already established neighborhood of single-family homes.
Motion by Norton, seconded by Belmont, to approve the rezoning from R-1 Single-
Family to R-2 Two-Family Residential zoning district. Motion was denied by the
following vote: Aye — Norton and Henschel; Nay — Roussell, Belmont, Christ, and
Henschel; Abstain — Baumhover.
Rezoninq: Application of Luke & Julie Merfeld to rezone property located at 405 & 575
Cedar Cross Road from R-1 Single-Family Residential to CS Commercial Service and
Wholesale zoning district.
Zoning Advisory Commission Minutes Page 5
October 3, 2018
Staff Member Kritz noted that the applicants have withdrawn their rezoning request.
ITEMS FROM THE COMMISSION: Chairperson Henschel noted that the Commission
has received the final version of Ex Parte Communication Policy for rezoning requests.
ITEMS FROM STAFF: Staff Member Kritz explained to the Commission that when they
make a motion, they should always make it into a positive, so as to not create confusion
if the motion was voted down.
ADJOURNMENT: Motion by Christ, seconded by Roussell, to adjourn the meeting.
Motion carried by the following vote: Aye — Baumhover, Belmont, Christ, Norton,
Roussell, and Henschel; Nay -None.
The meeting adjourned at 6:55 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted