Minutes_Zoning Board of Adjustment 9 27 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 BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, September 27, 2018
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Jeff Cremer, Bethany Golombeski, and Joyce Pope; Staff Members Guy
Hemenway and Wally Wernimont.
Board Members Excused: None.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:00 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 Pope, seconded by Ahlvin, to approve the minutes of the August
23, 2018 Zoning Board of Adjustment meeting as submitted. Motion carried by the
following vote: Aye — Cremer, Ahlvin, Golombeski, Pope and McCoy; Nay— None.
DOCKET: 34-18/Special Exception: Application of Fred and Susan Davis, 2730
Beverly Avenue, to construct a 24' x 25' garage 2' from the rear property line, where 6'
minimum required, and to allow 1,368 sq. ft. of accessory structures, where 1,000 sq. ft.
maximum is permitted, in an R-1 Single-Family Residential Zoning District.
Fred Davis, 2730 Beverly Avenue, said that he would like to erect a small garage
building so he can store personal equipment and vehicles. He said that he is trying to
protect his classic cars by storing them in a building. He said the building would also be
able to accommodate a snow blower and lawn mower. He said that he found the
property pins on the east and west sides of the lot.
Susan Davis, 2730 Beverly Avenue, said that she had taken photos of the property
markers. She noted that the storm water will not run onto to the adjacent property
because of the grade.
Staff Member Hemenway presented the staff report. He noted the size and location of
the existing structures on the lot. He said that two detached accessory garages, when
totaled, will exceed the 1,000-square foot maximum allowed for accessory structures on
Zoning Board of Adjustment Minutes Page 2
September 27, 2018
a residential lot. He said that a letter was submitted by Gretchen Potter, 2741
University Avenue, that raises questions regarding the lot line locations. He said that
the applicants' intent is to store vehicles that are currently located on the driveway
inside of a garage. He said that the square footage of all structures on the lot does not
exceed the 40°k lot coverage maximum allowed in R-1 Districts. He said that the
driveway to the garage will be required to be paved. He recommended that, if
approved, storm water from the garage be directed back onto the subject lot or toward
Beverly Avenue.
Board Members reviewed photos that were submitted by the applicants.
Chairperson McCoy asked about the property line location. Staff Member Hemenway
said there were options regarding the Board's response. He said that the first would be
to do nothing, second would be to require the applicants to demonstrate the lot line
location to the satisfaction of the Building Official in the field, or third, the Board could
require a land survey that would determine the lot line locations in the field.
Board Members discussed property line locations. Board Member Ahlvin said that the
garage is large and relatively close to the property line. He asked if the garage could
be moved four feet back instead of two feet back from the property line. Mr. Davis said
he was going to shift the garage a foot and make it three feet from the rear property
line. He said that he plans on having the property surveyed.
Chairperson McCoy said that the Board could require that the garage be setback a
minimum of three feet from the property line.
Board Member discussed the request and felt that if conditioned, it was appropriate.
Motion by Pope, seconded by Ahlvin, to approve the Special Exception request
with the conditions that:
1) Storm water from the garage be directed onto the subject lot or toward
Beverly Street;
2) That a site survey be conducted by a licensed land survey; and
3) That the rear yard setback for the garage be a minimum of three feet.
Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope, Golombeski, and
McCoy; Nay — None.
DOCKET: 35-18Nariance: Application of John Weber/ McGrath Chevrolet, for
property located at 3255 University Avenue, to add additional wall mounted signage in a
C-3 General Commercial Zoning District.
John Weber, 3255 University Avenue, said that he is the manager of the McGrath
Collison Center. He said that the Collison Center is a separate department from other
Zoning Board of Adjustment Minutes Page 3
September 27, 2018
departments for McGrath Motors. He said that they operate as a separate entity from
the car dealership, and that they undertake auto repair for all their Dubuque
dealerships. He said that the proposed signage will help direct customers to the
Collision Center entrance. He provided photos and referred to them describing the
existing wall-mounted and banner signage.
Board Member Pope asked which way the signs would face. Mr. Weber said the signs
will face University Avenue.
Board Member Ahlvin asked how large the existing banner sign was. The applicant
said that the collision center portion of the facility is located well back from the Dodge
Street frontage.
Staff Member Hemenway presented the staff report. He said that the applicant is
asking for a third wall-mounted sign, where a maximum of two wall-mounted signs are
allowed. He discussed the existing signs on the building, noting the McGrath wall-
mounted sign and the certified service sign comprise the two permitted wall-mounted
signs. He said that the Chevrolet sign above the front door is actually a freestanding
sign. He said that the proposed McGrath Collision sign will be 85 square feet in area.
He said that the certified service sign, if removed, would allow the collision center sign
to be placed on the building without the need for a variance. He noted that there is a
freestanding Certified Service sign located along he University Avenue frontage.
Board Member Pope asked the size of the two signs on the building. Staff Member
Hemenway said they are allowed to use 10°k of one building wall area, and that they
did not consume the allotted square footage.
Board Member Ahlvin said that the freestanding Chevrolet sign at the front of the
building serves as a wall-mounted sign.
Board Member Cremer said that all the dealership departments are located under one
roof. He said that he felt that it is not necessary for each department to have a sign and
that the additional signage would appear cluttered. He noted that directional signage
could be added without the need for a variance.
Board Member Golombeski said that the certified service sign above the garage doors
could be removed and the collision center sign could be installed in its place and a
variance would not be necessary.
Motion by McCoy, seconded by Ahlvin, to approve the Variance request as submitted.
Motion was denied by the following vote: Aye — None; Nay — Cremer (citing Criteria #2
& #5); Ahlvin (citing Criteria #1 , 2 & 3) Pope (citing Criteria #1 , 2 and 3), Golombeski
(citing Criteria #1), and McCoy (citing Criteria #2 and #3).
DOCKET: 36-18/Special Exception: Application of Gary Pfab, 625 Samuel Street, to
Zoning Board of Adjustment Minutes Page 4
September 27, 2018
construct a 26' x 40' detached garage for a total of 2,068 sq. ft. of detached accessory
structures, where 1 ,000 sq. ft. maximum is permitted, and 17 YZ' high where 15'
maximum height is permitted, in an R-2 Two-Family Residential Zoning District.
Gary Pfab, 625 Samuel Street, said that it is challenging to place a building on his lot
because of its topography. He said that the garage will be placed well back from
Samuel Street and will be screened by trees. He said that he wants the additional
garage space to store his recreational vehicle and classic cars.
Beth Whisler, 640 Lorimer Street, said that she borders the subject lot and that she
owns the surrounding wooded lots. She that excavation into the bluff may destabilize it.
She expressed concerns with the potential impact that the addition of a garage may
have on her property value. She said the site would be too densely developed, and that
it will change the residential character of the neighborhood. She said she was
concerned that a business would be operating out of the garage space. She said was
concerned with the building setback from the property lines.
Linda Slattery, 630 Lorimer Street, said that her property lies directly behind Mr. Pfab's
and next to where the proposed garage will be placed. She said that there is a platted
30-foot alley between the properties that accommodates a sewer line. She said she is
concerned that excavation of the bluff may undermine the sewer line. She said that the
excavation would also leave a large vertical drop that may be potentially dangerous for
children.
Chairperson McCoy discussed the potential impact of the garage on property values
noting that there is a 30-foot wooded alley between that would buffer the garage from
the adjacent lots.
Staff Member Wernimont outlined the staff report, referring to aerial views and a
contour map provided in the agenda packet. He said that there is a significant grade
change and a 30-foot alley buffer between the subject property and the adjacent lots.
He said that the driveway to the garage would be required to be paved, and that
commercial activity is not permitted in a residentially zoned district. He discussed the
R-1 standards for lot coverage, noting that all the structures on the lot will not come
close to the 40°k maximum coverage. He said that the storm water from the garage will
flow away from the adjacent properties to the street. He noted the location of the
Whisler property relative to the subject lot.
Board Member Ahlvin queried Mr. Pfab about the excavation and construction process
asking if the concrete wall for the garage would help stabilize the embankment. Mr.
Pfab said that the garage would have concrete sidewalls up against the excavated bluff.
Board Member Pope said that the Building Code would address most of the issues that
were raised.
Zoning Board of Adjustment Minutes Page 5
September 27, 2018
Both Board Members Pope and Cremer noted that all the buildings on the property will
cover much less than 40°k of the lot. Board Member Cremer said that the wooded area
would also help partially screen the garage from the view from adjacent properties.
Motion by McCoy seconded by Pope, to approve the Special Exception request with the
condition that no off-premise storage or commercial activity be permitted on the lot.
Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope, Golombeski, and
McCoy; Nay — None.
DOCKET: 37-18/Special Exception: Gerald & Joyce Schissel, 235 Devon Drive, to
store a vehicle 2' from the south side property line, where 6' minimum is permitted, in
an R-1 Single-Family Residential Zoning District.
Gerald and Joyce Schissel, 235 Devon Drive, said that they have been parking their
boat next to their house for 14 years. Mr. Schissel said it is generally parked there from
April 1 S� to November 1 S�. He provided a letter to the Board from John Sweeney, 295
Devon Drive, stating he is not opposed to the boat storage.
Staff Member Hemenway explained the zoning inspection procedure and he reviewed
the stored vehicle regulations. He said that a vehicle stored two feet from the side
property line will not block the view to the street from the adjacent property. He said that
the boat, as sited, would sit behind the front of the neighbor's house and have very little
impact on the adjacent property.
Motion by Pope, seconded by Golombeski, to approve the Special Exception request as
submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Golombeski,
and McCoy; Nay — Pope (citing Criteria #1).
DOCKET: 38-18/Special Exception: Application of Larry Miller for property located on
the south side of Eastgate Ct. (Lot 1 Wingate Place No. 8), to construct a 4-plex
townhouse 6.5' from the rear property line, where 20 feet is required, in an R-4 Multi-
Family Residential Zoning District.
Larry Miller, 2089 Regency Drive, Durango, IA said he would like to build a second four-
plex residence on their vacant property that will be flipped opposite of the existing four-
plex.
Tom Larson, Buesing & Associates, clarified the required setbacks. Mr. Miller noted a
letter of support for his request submitted by Mr. Jim Gantz.
Staff Member Wernimont discussed the staff report, referring to photos of the site. He
reiterated the submission of Gantz letter in support of the request. He discussed the
difference between setbacks for corner and interior lots, noting that the setback for the
proposed four-plex will be similar to that of the existing four-plex. He said that there will
be approximately 27 feet of yard area between the side property line and the side-load
garage to accommodate a driveway.
Zoning Board of Adjustment Minutes Page 6
September 27, 2018
Board Members discussed the request and felt it was appropriate.
Motion by Pope, seconded by Ahlvin, to approve the Special Exception request as
submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope,
Golombeski, and McCoy; Nay — None.
DOCKET: 39-18/Conditional Use Permit: Application of Amy Boynton,199 Loras
Boulevard, to operate a bed and breakfast Inn with 8 rooms and manager's/owner's
quarters, in an OR Office Residential Zoning District.
Amy Boynton, 199 Loras Boulevard, said that she has owned the Mandolin Inn for over
20 years and that it has been a bed and breakfast for over 30 years. She said that a
conditional use permit had been granted in 1987 for a five-room bed and breakfast with
three additional apartments. She explained the internal reconfiguration of the building,
noting that there were currently eight rooms, and an owner's apartment.
Staff Member Hemenway presented the staff report. He said the request is for an
eight-room bed and breakfast, with a manager's/owner's quarters. He noted that in
1987, a CUP was approved for a five-room bed and breakfast with three apartments.
He explained why bed and breakfasts located in residential neighborhoods are required
to get a conditional use permit. He said that converting three of the apartments to three
rooms for a total of eight rooms may actually reduce the demand for on-street parking,
noting that generally people staying bed and breakfast rooms only have one vehicle
and that the use of the bed and breakfast is seasonal, whereas apartments would
generally be used year-round. He said that he has not received any complaints
regarding the operation of the bed and breakfast or problems with on-street parking in
the neighborhood. Board Members discussed the request and felt it was appropriate.
Motion by McCoy, seconded by Golombeski, to approve the Conditional Use Permit
request as submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin,
Pope, Golombeski, and McCoy; Nay — None.
ADJOURNMENT: Motion by McCoy, seconded by Pope, to adjourn the meeting. Motion
carried by the following vote: Aye — Cremer, Ahlvin, Pope, Golombeski and McCoy; Nay—
None.
The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted