Minutes Zoning Bd Adj 3 27 03 MINUTES
ZONING BOARD OF ADJUSTMENT
'REGULAR SESSION
Thursday, March 27, 2003
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
ABSENT:
Chairperson Mike Ruden; Board Members Bill Gasper, Bill Felderman
and Randy Klauer; Staff Members Guy Hemenway and Wally Wernimont.
Board Member Jim Urell.
AFFIDAVIT OF COMPLIANCE: Staff presented 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 order at 4:00 p.m.
DOCKET 11-03: Application of Ron & Margie White (tabled) 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.
Ron White outlined his request, noting the number of commercial properties he owned in
close proximity to the car lot. He discussed the history of the car lot at this location.
Staff presented a map of the site to the Board. Mr. White noted that he did not own the lot
directly adjacent to the car lot- CDs for Change. Board members discussed the location of
the lot, required customer parking and vehicle display area for the site. Mr. White stated
that the gentleman leasing his lot would like to expand his car lot, utilizing the northern
third of the property for a display area.
Board members discussed current parking requirements relative to the status of the
commercial structures in the neighborhood. Staff Member Hemenway stated that this is a
fully separate lot that formerly served as dedicated parking; however, since it was sold
separately, the adjacent buildings have lost access to parking and now have attained
grandfather status. Staff Member Hemenway recommended that. if approved, the Board
require that the applicant provide four striped customer parking spaces and that lighting be
limited so that it is not cast onto adjacent properties.
Motion by Gasper, seconded by Klauer, to approve the conditional use permit with the
following conditions: (1) That four striped customer parking spaces be provided; and (2)
That no additional lighting be permitted. Motion was approved by the following vote: Aye
- Klauer, Gasper, Fetderman and Ruden; Nay - None.
DOCKET 16-03: Application of James & Eleanor Hamilton for a special exception for
property located at 1577 N. Algona St. to build an enclosed porch 10 feet from the front
property line (Decorah Street), 20 feet required, in an R-1 Single-Family Residential
zoning district.
Minutes- Zoning Board of Adjustment
March 27, 2003
Page 2
Eleanor Hamilton spoke in favor of her request. She said she would be removing an
existing deck and wishes to create an enclosed porch for health reasons,
Dale Scales said that he is a neighbor across the street. He said that he supports the
project. He said there are no sidewalks in thisneighborhood and that the porch had been
at that location for a long time.
Staff Member Wernimont outlined the staff report. He stated that the existing porch was
built outside of the visibility triangle and; consequently, there are no public safety issues.
He said that the parkway at this location is wider than the standard 10 feet. He said that
the porch would have little impact on adjacent residential properties.
Board Members discussed the request and felt that it met the requirements for granting a
special exception
Motion by Gasper, seconded by Klauer, to approve the special exception request. Motion
was approved by the following vote: Aye- Klauer, Gasper, Felderman and Ruden; Nay -
None.
DOCKET 17-03: Application of Mark & Deb McDonnell for a special exception for property
located at 1840 Asbury Road to build an attached garage/addition 2 feet 9 inches from the
south side property line. 6 feet required, in an R-1 Single-Family Residential zoning
district.
Deb McDonnell introduced herself and her husband, and stated that they want to build a
garage and addition with a family room and bath. She submitted a letter of support'from
her neighbor.
Staff Member Wernimont outlined the request for the garage addition. He stated that the
applicants are asking to remove an existing two-car detached garage. He stated that the
new garage would be built slightly closer to Asbury Road than the existing garage but no
closer to the side property line.
Board members reviewed the request and felt that it met the requirements for granting a
special exception.
Motion by Gasper, seconded by Klauer, to approve the special exception request. Motion
was approved by the following vote: Aye- Klauer, Gasper, Felderman and Ruden; Nay-
None.
DOCKET 18-03: Application of Vern & Mary Demmed3-in-I Construction for a special
exception for property located at 1320 Alta Vista to build an addition 6 feet from the front
property line, 20 feet req Hired, in an R-2 Two-Family Residential zoning district.
Vern Demmer stated that he wants to put a room addition on the front of his house within
the existing porch. He presented photos to the Board. Mr. Detainer and several neighbors
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 3
approached the table and reviewed the photos with the Board. Board members, the
applicant and neighbors discussed the proposed porch layout.
Ted Bianchard, 1385 Alta Vista, stated that he lives across the street and one lot removed
from the Demmer's property. He said that he has been a long term resident in this area
and that this is an attractive, older neighborhood. He said that he has invested
approximately $100,000 in his home and that he would like the neighborhood's historic
character to remain unchanged. He stated that he felt the addition would be a wart on the
beautiful face of his neighborhood.
David Messner, 1339 Alta Vista, stated that he lives across the street from the Demmer's.
He stated that the proposed front porch addition will have a negative impact on the
neighborhood. He said it will destroy the mirror image affect of an identical home on the
same block. He said that this addition would have the potential to lower the property
values in the area. He said this proposal is going against the improvements that have
been occurring the neighborhood. He stated that the addition would be more appropriate
at the rear of the home.
Marilyn Koehler, 1340 Alta Vista, said the front of the Demmer's house is the most
charming aspect of its architecture. She stated that the offset porch area lends character
to the house. She stated that the proposed addition would protrude further toward the
street than other houses along the block. She said the addition would have the potential to
obstruct their view to the street when backing from the driveway. She stated that traffic
and parking in the area is currently congested. She said she was willing to work with her
neighbor to help find alternate sources of funding and labor for the proposed project.
Mr. Demmer said that he would do a good job on the addition. He said that his project
would not devalue his property or adjacent properties. He stated that it is twice as
expensive to build the porch to the back because of the slope of the yard.
Staff Member Wernimont outlined the staff report, noting letters of opposition that had
been submitted to the Planning Department. He recommended that the Board review the
criteria for granting a special exception.
Board members reviewed the project and read the criteria for granting a special exception.
Commissioner Felderman stated that it would be hard to determine the effect the project
would have on property values in the area. Board members agreed that the proposed
addition would not affect public safety; however, they felt that the proposed project was not
in character with the neighborhood and with the front facades of other houses along the
block. Board members stated that Mr. Demmer has other options, including building the
addition on the back of the home.
Motion by Gasper, seconded by Felderman, to approve the special exception. Motion was
denied by the following vote: Aye - None; Nay - Klauer, Gasper, Felderman and Ruden.
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 4
DOCKET 19-03: Application of Thomas & Angela Wirzbach for a sPecial exception for
property located at 525 Clinton Street to build a new house 14 feet from the front property
line (Brunswick Street), 20 feet required, in an R-2 Two-Family Residential zoning district.
Thomas Wirzbach, 2411 Queen Street, said that he wishes to build a new home on a lot
that was bordered by Queen. Clinton and Brunswick Streets. He stated that he wanted to
build the front porch 14 feet from his front property line along Brunswick Street. He stated
that his garage would be 22 feet back from the street. Board Members discussed .the site
layout.
Fred Vaughn stated that he is an adjacent property owner, and that he is concerned that
Brunswick had been labeled a street. He stated that he feels Brunswick is an alley.
Wayne Klosterman stated that he is concerned with the topography of the lot and the
potential for runoff and erosion during construction. He recommended that the City require
an erosion control plan and permanent ground cover for this site.
Staff Member Wernimont discussed the topography of the site and stated that only a small
portion of the porch would protrude into the required setback.
Board Members discussed the proposal and felt that erosion control could be adequately
handled by the property owner without City oversight. Board Members felt that the
request met the requirements for granting a special exception.
Motion by Felderman. seconded by Klauer. to approve the special exception request.
Motion was approved by the following vote: Aye - Klauer, Gasper, Felderman and Ruden;
Nay - None.
DOCKET 20-03: Application of Dennis & Debra Rolwes for a special exception for
property located at 1846 N. Main Street to build a two-story addition and deck 0 feet from
the north side property line, 6 feet required, and a front porch 10 feet from the front
property line, 20 feet required, in an R-2 Two-Family Residential zoning district.
Duane Dennaly, Galena IL., said that the owners wish to improve their home. He said they
would tike to remove a front porch and rear two-story addition and replace it with a two-
story addition, deck and garage. Board Members reviewed the site plan, floor plan and
elevations of the project. Mr. Dennaly said that they are trying to match the architecture of
the neighborhood.
Staff Member Wernimont outlined the staff report, stating that the lot was located directly
north of Madison Park. He said that the porch would be an open style front porch that runs
along the entire length of the structure. He stated that all property owners have been
notified. He stated that, if approved, the driveway to the new garage would have to be
paved.
Minutes - Zoning Board of Adjustment
Mamh 27, 2003
Page 5
Board Members discussed the request and felt it met the requirements for granting a
special exception.
Motion by Gasper, seconded by Klauer, to approve the special exception request. Motion
was approved by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay -
None.
DOCKET 25-03: Application of James & Kelly Gutyash for a special exception for property
located at 785 S. Grandview Avenue to build a 20 foot by 18 foot 6 inch addition 2 feet
from the north side property line, 6 feet required, and 9 feet 6 inches from the front
property line (Perry Street), 20 feet required, in an R-1 Single-Family Residential District.
James Gulyash, 785 S. Grandview, said that he wants to add a 20' by 18' two-story
addition. Board Chair Ruden asked the applicant and neighbors to approach the table to
discuss the site diagram and photographs of the building project.
Phyllis Hanson, 775 S. Grandview, said that the two houses are approximately 8'99 apart.
She said that the back of the house is now 6 feet away from the lot line because it is
indented from the main structure. She said the structures are only 6'9" apart.
Chairperson Ruden asked about the Hanson's rear addition. Mrs. Hanson said that itwas
a kitchen and bath area with a hallway along the south wall.
Staff Member Wernimont outlined the staff report, noting the existing house setbacks and
setbacks for the proposed addition. He stated that there are no public safety ~ssues
because the view the street would not be inhibited.
Board Member Klauer asked if the current deck is built up to the property line. Mr.
Gulyash said that the current deck is built to the property line but when removed the new
addition would be built two feet back. Board Member Felderman and Chairperson Ruden
discussed the potential for the two-story addition to block sunlight to the Hanson's
property. Board Members read the conditions for granting a special exception. Board
Members Ruden and Gasper felt that the special exception failed to meet condition #2.
Motion by Klauer. seconded by Gasper, to approve the special exception. Motion was
denied by the following vote: Aye - Felderman; Nay - Klauer, Gasper and Ruden.
DOCKET 21-03: Application of William ParkerNVayne Gardner & Rick Ackley for a
variance for property located at 30 Main Street to open an adult entertainment
establishment (adult bookstore) 950 feet from a residential zoning district, 1,200-foot
minimum separation required, in a C-3 General Commercial zoning district.
Joseph Bitter stated he is the attorney representing the Parkers. He discussed a letter he
submitted to the Board. He noted that the building had received a series of inspections
during the remodeling phase. He referred to the Supreme Court decision that required
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 6
municipalities to provide a certain percentage of their property for adult entertainment
establishments. He noted that the applicant had been at this location for four years.
Board Chair Ruden asked Mr. Bitter if he had addressed each criterion for granting a
variance. He stated that the submitted letterdid not address said criteria. Board Members
agreed that they were to review this request as though the adult entertainment
establishment had not as of yet located there.
Robert O'Brien referred to the history of the adult entertainment ordinance. He discussed
the rationale for the spacing requirements for adult businesses. He discussed the
potential negative impacts of adult entertainment establishments. Chairperson Ruden
noted [hat some of the comments Mr. O'Brien had stated were arbitrary and capricious an(~
that potential prostitution at this location was not something that the Board would consider.
Pat Anglin stated that he is the manager of Metz Baking across the street from the Adult
Book Store, He spoke in opposition. He said that there are parking problems in the
neighborhood and that his employees are harassed by the clientele of the bookstore.
Bill Finn, 2010 Shelby Street, stated that he isthe manager of Scorpio Productions, the
tenant in the space below the Adult Book Store. He stated that he is opposed to the
proposed variance because of the ongoing problems his business has experienced with
clients of the bookstore. He stated that there have been instances of men offering sexual
favors outside of the building and masturbating in proximity to the building. He noted that
a female secretary had been harassed by a customer of the bookstore.
Staff Member Hemenway noted that several letters and a petition in opposition to the
request had been submitted, and that Mr. Bitter had submitted a packet of information for
the Board's review. He also stated that he received two letters from the Parkers in 1999
referring to 30 South Main Street. He stated that he reviewed the request for an adult
entertainment establishment at 30 S. Main Street, outlining two letters he had written to the
Parkers stating that this location Was eligible for an adult entertainment establishment. He
said that; subsequently, the Parker's located at 30 Main Street, where the property did not
meet the criteria for separation from a residential neighborhood. He noted that Building
and fire inspections are conducted to review for uniform building and fire codes and do not
address zoning or use issues. He discussed the reason for the separation requirement,
stating it is to prevent the unsolicited exposure of citizens to these kinds of establishments.
He noted that the bookstore is relatively close to a City park, apartment buildings and a
residential neighborhood.
Board Members discussed the request and felt that the applicant failed to demonstrate that
the request met the criteria for granting a variance,
Motion by Felderman, seconded by Klauer, to approve the variance request. Motion was
denied by the following vote: Aye - None; Nay - Klauer, Gasper, Felderman and Ruden.
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 7
DOCKET 22-03: Application of Tom Kane/Bart Kintzinger/VVeitz Sign Company for a
variance for property located at 2728 Asbury Road to install one 22 % square foot wall-
mounted sign, 16 square feet maximum permitted, in an OC Office Commercial zoning
district.
Bart Kintzinger stated that he is the owner of Rafters Restaurant. He discussed his former
variance request. He noted that the building tower is 50 feet tall and that the sign would
be located on the tower. He stated that the sign would blend in with the building
architecture.
Rick Droeske, Weitz Sign Company, noted that a 16 square foot sign is too small to
advertise the Rafters Restaurant from Asbury Road.
Tom Kane stated that he is the owner of Fountain Park. He spoke in favor of the request.
He stated that Fountain Park had multiple tenants. He distributed letters to the Board from
neighbors in favor of the sign variance.
Board Members discussed the size of the signage, the scale of the building and the sign's
proximity to a public right-of-way. Staff Member Hemenway presented the staff report,
noting the previous sign variances that have been granted for the Fountain Park facility.
He noted that the sign will be back approximately 175 feet from the paved portion of
Asbury Road. He said that the sign will be back lit which will limit the light cast into the
neighborhood.
Board Members discussed the criteria for granting a variance. Board Member Klauer
stated that the sign did not meet criteria #2 stating that the owner would be able to make
reasonable use of the affected property, even without the s~gn variance. Chairperson
Ruden stated that he felt that the sign met the criteria because of the scale of the building
and its distance from the right-of-way.
Motion by Gasper, seconded by Klauer, to approve the variance request. Motion was
denied for lack of a majority vote by the following vote: Aye - Gasper and Ruden; Nay -
Klauer and Felderman.
DOCKET 23-03: Application of Medical Associates/Enterprise Rent-a-Car/Weitz Sign
Company for a variance for p~operty located at 1635 Associates Drive to install one 45
square foot wall-mounted sign, for a total of three wall-mounted signs, two wall-mounted
signs allowed, in a PC Planned Commercial zoning district.
Bill Chamberlain stated that he represented Enterprise Rent-a-Car. He said that they
requested a third sign for the building so that they could advertise to cars approaching
from the south along the Northwest Arterial. Rick Droeske stated he represents Weitz
Sign COmpany. He presented photos of the sign and its location on the building to the
Board. Mr. Chamberlain noted that Enterprise would not pursue construction of a pole-
mounted sign if they were able to place the third wall-mounted sign on the building
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 8
Bob Hartig stated he represents Medical Associates and referred to the restrictive
covenants for the property. He noted that the building has three faces, two of which are
currently signed. He stated that there is no sign along the southern wall of the building.
He stated that the sign would be back lit.
Staff Member Hemenway outlined the staff report noting that the building has one interior
frontage and one frontage along the Northwest Arterial; therefore, the tenant space was
permitted two signs. He notee that this business, unlike interior spaces, Is allowed two
versus one sign. He stated that a six-foot directional sign would be permitted on the back
of the building to identify Enterprise's entrance.
Mr. Ch amberlain noted that Enterprise's three signs would total 135 square feet, whereas
they would be permitted to install 200 square feet of regular signage. Board Members
discussed the request and felt that it met the requirements for granting a variance.
Motion by Gasper, seconded by Klauer, to approve the request with the condition that no
freestanding s~gn be allowed on the premises. Motion was approved by the following vote:
Aye - Klauer, Gasper, Felderman and Ruden; Nay - None.
DOCKET 24-03: Application of Clay & Janelle Wilwert for a variance for property located
at 4025 McDonald Drive (Heartland Inn) to erect a 40 foot high, 160 square foot, off-
premise sign 720 feet from a~ existing off-prem~se s~gn, 750 feet minimum separation
required, in a C-3 General Commercial zoning district.
Motion by Klauer, seconded by Felderman, to table the request at the applicant's request.
Motion was approved by the following vote: Aye - Klauer, Gasper, Felderman and Ruden;
Nay - None.
MINUTES & NOTICES OF DECISION: The minutes ofthe February 27, 2003 meeting and
Notices of Decision for Dockets 10-03, 13-03, 14-03, and 15-03 were approved as
submitted.
ITEMS FROM PUBLIC: Tom Kane and Bart Kintzinger approached the Board and asked if
they would reconsider their application.
The applicants asked that the Board table their request and permit them to submit a
rendering showing the 16 square foot sign versus the 22 square foot sign. Board Members
agreed to the request.
Motion by Klauer, seconded by Felderman to reconsider the request at the April 24th
meeting. Motion was approved unanimously.
Motion by Gasper, seconded by Klauer, to table the request. Motion was approved by the
following vote: Aye - Klauer, Gasper. Felderman and Ruden; Nay -None,
Minutes - Zoning Board of Adjustment
March 27, 2003
Page 9
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Kyle L. Kritz, Associate Planner
Adopted