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Minutes_Zoning Advisory Commission 12 5 18 Copyrighted December 17, 2018 City of Dubuque Consent Items # 1. ITEM TITLE: Minutes and Reports Submitted SUMMARY: Cable N Commission of 12/5; City Council Proceedings of 12/3; Community Development Advisory Commission of 10/17, 11/28; Five Flags Civic CenterAdvisory Commission of 11/26; Historic Preservation Commission of 11/5; Housing Commission of 11/27; Human Rights Commission of 11/5; Library Board of Trustees Council Update #177 of 11/29; Long Range Planning Advisory Commission of 11/13; Park and Recreation Advisory Commission of 11/13; Zoning Advisory Commission of 12/5; Zoning Board of Adjustment of 11/15; Proof of Publication for City Council Proceedings of 11/5, 11/19; Proof of Publication for List of Claim and Summary of Revenues for Month Ending 10/31 . SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Cable N Commission Minutes of 12/5/18 Supporting Documentation City Council Proceedings of 12/3/18 Supporting Documentation CDAC Minutes of 10/17/18 Supporting Documentation CDAC Minutes of 11/28/18 Supporting Documentation Five Flags Civic Center Commission Minutes of Supporting Documentation 11/26/18 Historic Preservation Commission Minutes of 11/15/18 Supporting Documentation Housing Commission Minutes of 11/27/18 Supporting Documentation Human Rights Commission Minutes of 11/5/18 Supporting Documentation Libary Board of Trustees Council Update#177 of Supporting Documentation 11/29/18 Long Range Planning Advisory Commission Minutes of Supporting Documentation 11/13/18 Park and Recreation Advisory Commission Minutes of Supporting Documentation 11/13/18 Zoning Advisory Commission Minutes of 12 5 18 Supporting Documentation Zoning Board of Adjustment Minutes of 11/15/18 Supporting Documentation Proof of Publication for City Council Proceedings of Supporting Documentation 11/5/18 Proof of Publication for City Council Proceedings of Supporting Documentation 11/19/18 Proof of Publication for List of Claims/Summary of Supporting Documentation Revenues for ME 10/31/18 Dubuque TDUB E �f���I' D�l�l�� Maste iere on Nte Mississi i wm�amz rK' PP wia.mv MINUTES CITY OF DUBUQUE ZONING ADVISORY COMMISSION REGULAR SESSION 6:00 p.m. Wednesday, December 5, 2018 City Council Chamber, Historic Federal Building Commissioners Present: Chairperson Tom Henschel; Commissioners Pat Norton, Rich Russell, and Steve Baumhover; Staff Members Kyle Kritr and Wally Wernimont. Commissioners Excused: Michael Belmont, Martha Christ, and Laura Roussell Commissioners Unexcused: None. 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: Chairperson Henschel noted that he is listed as both voting in favor and against the proposal of A&A Horsfield Properties, LLC to rezone property located at3172 W. 32od Street from R-1 Single-Family Residential to R-2 Two-Family Residential zoning district. He said that his vote was in favor of the request, and he requested the minutes be amended to reflect this. Motion by Baumhover, seconded by Norton, to approvethe minutes of the October 3, 2018 meeting as amended. Motion carried by the following vote: Aye — Baumhover, Norton, Russell, and Henschel; Nay - None. Action Item/ Plat of Survey: Application of Terry Koelker, Buesing and Associates to approve the Plat of Survey of Lot 1 & Lot 2 of Cedar Lake — East Thirteenth Addition for property located at 3271 North Cedar Court. Theresa Doerr, 3271 North Cedar Court, explained the request to the Commission. She discussed howthe property was subdivided and a location of a retaining wall. She indicated that the new survey plat would place the retaining wall on land that will be maintained by the homeowners' association. Staff Member Kritr presented the staff report. He explained that the Zoning Advisory Commission is reviewing the lot split as the proposed lot does not have street frontage, so Lot 2 will be designated as a non-buildable lot. Zoning Advisory Commission meeting minutes Page 2 December 5, 2018 Commissioner Russell asked if the homeowners' association approves of the lot. Staff Member Kritz said that the plat has been done in cooperation with the homeowners' association. Motion by Russell, seconded by Baumhover, to approve the Plat of Survey of Lot 1 and Lot 2 of Cedar Lake — East Thirteenth Addition subject to waiving the lot frontage requirement for Lot 2. Motion carried by the following vote: Aye — Baumhover, Norton, Russell, and Henschel; Nay - None. Public Hearinq/Text Amendment: Application of the City of Dubuque to amend Sections 16-9-1(J)(5), 16-9-5.2(B), 16-9-6.2(B), and 16-9-6.3(B) to modify voting requirements for the Zoning Advisory Commission. Staff Member Kritz explained the text amendment to the Commission. He said under the current ordinance, an approval of a rezoning requires four concurring votes in order to recommend approval for a rezoning to the City Council. He explained with the text amendment that, if approved, it would only take a simple majority vote of the voting members present in order to make a recommendation. He explained that Legal staff has looked into state law to see if there is a requirement that the Zoning Advisory Commission has to have four concurring votes. He noted that there is no such requirement in state law. He said the text amendment was brought to his attention with regard to a recent case in which there was a vote where there were three members in favor and two members opposed, and the requirement based on the current ordinance would recommend denial even though the majority voted in favor. The Commission discussed several scenarios with regard to if there were only four members in attendance and what would happen if someone were to abstain from the vote. Staff discussed that the member who is abstaining would not be considered as part of vote. However, they would be included as part of the four Commissioners required for a quorum. Staff Member Kritz noted that in the case where the vote is 2 to 2, that would still go before the City Council as a recommendation for denial due to not receiving the majority vote. Motion by Baumhover, seconded by Russell, to approve the Text Amendment to modify the voting requirements forthe Zoning Advisory Commission as discussed. Motion carried by the following vote: Aye — Baumhover, Norton, Russell, and Henschel; Nay - None. ADJOURNMENT: Motion by Norton, seconded by Russell, to adjourn the December 5, 2018 meeting. Motion carried by the following vote: Aye — Baumhover, Norton, Russell, and Henschel; Nay - None. The meeting adjourned at 623 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted