Minutes_Zoning Board of Adjustment 10 25 18 Copyrighted
November 5, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 10/15; Catfish Creek
Watershed ManagementAuthorityof 10/22; Community
Development Advisory Commission of 8/28; Historic
Preservation Commission of 10/18; Housing Commission
Minutes of 8/28; Investment Oversight Advisory
Commission of 10/24; Library Board of Trustees of 9/26;
Library Board of Trustees Council Update #176 of 10/25;
Long Range Planning Advisory Commission of 10/17;
Zoning Board of Adjustment of 10/25; Proof of Publication
for City Council Proceedings of 10/1; Proof of Publication
for List of Claims and Summary of Revenues for Month
Ending 9/20.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 10/15/18 Supporting Documentation
Caffish Creek Watershed ManagementAuthority Supporting Documentation
Minutes of 10/22/18
Community DevelopmentAdvisory Commission Minutes Supporting Documentation
of 9/26/18
Housing Commission Minutes of 8/28/18 Supporting Documentation
Historic Preservation Commission Minutes of 10/18/18 Supporting Documentation
InvestmentOversightAdvisory Commission Minutesof Supporting Documentation
10/24/18
Library Board of Trustees Minutes of 9/26/18 Supporting Documentation
Library Board of Trustees Council Update#176 of Supporting Documentation
10/25/18
Long Range Planning Advisory Commission Minutes of Supporting Documentation
10/17/18
Zoning Board of Adjustment Minutes of 10/25/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
10/1/18
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 9/30/18
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, Odober 25, 2018
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Bethany Golombeski, and Jeff Cremer; Staff Members Guy Hemenway and
Wally Wernimont.
Board Members Excused: Joyce Pope.
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 Golombeski, seconded by Ahlvin, to approve the minutes of the
September 27, 2018 Zoning Board of Adjustment meeting as submitted. Motion carried by
the following vote: Aye —Cremer, Ahlvin, Golombeski and McCoy; Nay— None.
Docket 40-18/Special Exception: Application of Don Duschen, 1470 Hickson Avenue,
for a Special 6cception to build an addition 0' from the north side property line, where 6'
minimum is required, in an R-1 Single-Family Residential Zoning District.
Don Duschen, 1470 Hickson Avenue, said that he would like to construd an addition to
the rear of his residence to square off the back end of the house. He noted that he had
been approved for an addition in the past.
Staff Member Wernimont noted that the addition wnuld be 7' by 12' (84 square feet)
located on the northwest side of the building, 0 feet from the side property line. He said
that the addition would be flush with the existing house.
Board Members discussed the request and felt that storm water and property line
proximity were issues.
Motion by Cremer, seconded by Ahlvin, to approve the Special Exception request with
the condition that storm water be directed away from the adjacent property and onto the
subject lot, and that the applicant adequately demonstrate the property line location to
Zoning Board of Adjustment Minutes Page 2
October 25, 2018
the satisfaction of the Building Official. Motion carried by the following vote: Aye —
Cremer, Ahlvin, Golombeski and McCoy; Nay — None.
Docket: 41-18/Special Exception: Application of Bill Jr and Dawn Stahl, 3953
Excelsior Street, to allow a 6' fence in the front yard, where 4' maximum is permitted,
and to allow an 8' fence in the side yard, where 7' maximum is permitted, in an R-1
Single-Family Residential Zoning District.
Bill Stahl, 3953 Excelsior Street, said he would like to build a fence between his and his
neighbor's house placing the four-foot high fence 10 feet back from the front property
line then jogging up to six-feet, and in the rear of the property to eight feet. He said the
additional height is necessary because of topography. He noted that the fence in the
front would not block the view to the street from adjacent properties.
Staff Member Wernimont discussed the request, referring to the aerial photo provided
to the Board. He said that a letter had been received from Steve and Lynda Dreibelbis,
844 Salem Street, expressing concerns with the fence height in the front yard and with
the fence design. He said that the neighbor has asked that the fence not exceed four
feet in height back to the front of the subject garage, and that the fence be neighbor-
friendly.
Chairperson McCoy noted that the adjacent garage was located between the fence and
the adjacent residence. Board Members discussed the request and felt that the fence
should be designed in a manner sensitive to the neighbor's property. They agreed that
the good side of the fence should face the neighbor's property. Board Members
discussed the fence design.
Motion by McCoy, seconded by Cremer, to approve the Special Exception request with
the condition that the fence be neighbor-friendly (the good side face the adjacent
residential property). Motion carried by the following vote: Aye — Cremer, Ahlvin,
Golombeski and McCoy; Nay — None.
Docket: 42-18/Special Exception: Application of Ron Fishnick, 2554 Pinard Street, to
construct a 1 ,118 sq. ft. attached garage, where 880 sq. ft. maximum is allowed, and
15' from the front property line, where 20' minimum is required, in an R-2 Two-Family
Residential Zoning District.
Betty Johnson, 2920 Balke, said that she represented Ron Fishnick. She said that she
would try to answer any questions the Board may have.
Christopher Hankens, 2570 Elm Street, asked for more information regarding the
location of the garage relative to the lot lines. Staff provided Mr. Hankens with an aerial
photo showing the proposed garage location. He said that he had concerns with
access to his lot just north of the subject property.
Zoning Board of Adjustment Minutes Page 3
October 25, 2018
Staff Member Hemenway noted that Pinard is neither a platted street or alley, but may
be some form of easement. He said that parking privileges along what appears to be
Pinard Street are not clearly defined. He said that the garage will be in line with the
existing house, and that it will not block access to any adjacent properties. He said that
the proposed location will not require excavation of the hillside behind.
Staff Member Hemenway said that the garage is technically 15' from what staff
considers to be the front property line, which he said is also coincidental with the lot
line. He discussed the square footage of the attached garage, noting that it exceeds
the footprint of the house. He said that a garage larger than the house is not accessory
to the principal residential use. He said that the garage will not impede access to the
adjacent lots.
Board Member Golombeski asked about the size of the garage. Staff Member
Hemenway clarified the size of the garage, noting that the applicant had submitted an
amendment to his original request.
Board Member Ahlvin asked about access to the property. Staff Member Hemenway
noted that as the access is neither a platted alley or street, and that staff was not able
to find any formal easements, the status of the street is not known.
Board Member Golombeski asked if the doors are going to face the front property line
or will the garage be accessed from the side. Staff Member Hemenway said that he is
not sure where the garage doors will be located.
Board Members expressed concerns with garage doors on the west side of the building,
stating they felt there was not adequate room for someone to safely back from the
garage before they crossed the property line. Board Members discussed the request
and felt that it was advisable to have Mr. Fishnick answer questions regarding the
garage design and location on the lot.
Motion by McCoy, seconded by Ahlvin, to table the Special Exception request until the
next regular meeting. Motion carried by the following vote: Aye — Cremer, Ahlvin,
Golombeski and McCoy; Nay — None.
Docket 43-18/Special Exception: Application of Phillip and Crystal Neal, 1786
Jackson Street, to build a 10' x 12' attached front porch 0' from the front property line
where 10' minimum is required, in an R-2A Alternate Two-Family Residential Zoning
District.
Phillip Neal, 1786 Jackson Street, said he would like to keep the deck on the front of
the house. He said that the intent is to allow adequate space for his disabled
granddaughter.
No one spoke in opposition to the request.
Zoning Board of Adjustment Minutes Page 4
October 25, 2018
Staff Member Hemenway said the deck had been built on the front of the house. He
said that the deck was built to allow the applicanYs granddaughter to have adequate
space as she had an ambulatory physical disability. He said that the deck is
approximately 18" above grade and that the wire railing was of an open design, He said
the back of the built-in bench somewhat inhibits visibility to the street. He said that the
Board could require that the bench back be removed in an effort to lessen the impact
on visibility from the adjacent properties. He said that no one contacted him regarding
the request.
Board Members discussed the request and felt the bench back did not significantly
inhibit the view from the adjacent properties.
Motion by Golombeski, seconded by Ahlvin, to approve the Special Exception request
with the condition that the railing remain of an open design and that the deck not be
enclosed. Motion carried by the following vote: Aye — Cremer, Ahlvin, Golombeski and
McCoy; Nay — None.
ITEMS FROM STAFF:
ITEMS FROM BOARD: The Board discussed the need for additional information regarding
the use and design of the garage at 2554 Pinard Street.
ITEMS FROM PUBLIC:
ADJOURNMENT: Motion by McCoy, seconded by Cremer, to adjourn the October 25,
2018 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Cremer, Ahlvin, Golombeski and McCoy; Nay — None.
The meeting adjourned at 5:40 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted