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Minutes Zoning Bd Adj 4 24 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, April 24, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, iowa PRESENT: ABSENT: Chairperson Mike Ruden; Board Members Bill Gasper, Randy Klauer, Bill Felderman; Staff Members Guy Hemenway and Waliy Wernimont. Board Member Jim Urell. AFFIDAVIT OF COMPLIANCE: Staff presente(~ 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 at 4:00 p.m. DOCKET 22-03: Application of Tom Kane/Bart Kintzinger/Weitz Sign Company for a variance (tabled) 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 of Raffer's Restaurant and Rick Droeske of Weitz Sign Company presented their application. They distributed photos to the Board demonstrating the difference between a 16 square foot and a 22 % square foot sign on the Rafter's bell tower. Mr. Kintzinger discussed various views to the building from Asbury Road. He stated that the sign would help direct people to the building from Asbury and that the green canopy was designed to direct patrons from the parking lot to the entry. Rick Droeske discussed the photos, which he said showed the site from various perspectives. He noted that vegetation blocked some of the views to the structure. Mr. Kintzinger said that a 16 square foot sign was inadequate considering the scale of the building and its setback from the road. Staff Member Hemenway presented the staff report, noting the history of meetings regarding this request. He reiterated the staff report, stating that the scale of the building and its setback from Asbury Road make it difficult to advertise with a 16 square foot sign. The Board discussed the variance and stated that it meets the requirements for granting a variance. Motion by Klauer, seconded by Felderman, to approve the variance request as submitted. The motion carried by the following vote: Aye - KJauer, Gasper, Felderman and Ruden; Nay - None. Minutes - Zoning Board of Adjustment April 24, 2003 Page 2 DOCKET 24-03: Application of Clay & Janelle Wilwert for a vadance (tabled) for property located at 4025 McDonald Drive (Heartland Inn) to erect an off-premise sign 720 feet from an existing off-premise sign, 750 feet minimum separation required, in a C-3 General Commercial zoning district. The application was withdrawn at the applicant's request. DOCKET 26-03: Application of Ted & Carol Soppe for a special exception for property located at 2790 Shires Avenue to build a single-family residence 700 feet from the front property line, 50 feet maximum allowed, in an R-1 Single-Family Residential zoning district. Carol Soppe, 1422 Lincoln Street, introduced Dan Franzen, her contractor, to the Board. Mr. Franzen outlined the proposed request, noting the location of the house on the lot and the location of the access driveway. He stated that there would be an 8" sewer and 6" water line extended along the driveway. Mrs. Soppe indicated that there has been soil testing for the property. Mr. Franzen noted that the storm water would be directed away from the adjacent residential properties. Tom Schmidt, 2800 Shires Avenue, asked where the access ddveway would be located. Mr. Franzen noted that the driveway would be located entirely on the subject lot. He said that the driveway would be paved and riprap would be placed along its eastern edge. He stated that a fire truck would be able to negotiate the driveway. Neighbors approached the table and discussed the site diagram and aerial photo of the property with Board members and the applicants. Mr: Franzen stated that the driveway would be completed prior to construct, ion of the residence. Tom Vogel, 2836 ShiraS, stated he has concerns with property values and public safety. Michelle Vogel, 2836 Shires, said she has concerns with the orientation of the house and views to their property. Staff Member Hemenway presented the staff report. He noted that the driveway would be built to City standards, with a 20-foot wide hard surface of asphalt or concrete. He stated that the fire department will review the driveway to make sure emergency access is adequate. He stated that a curb cut permit would be necessary for the driveway to be built. He stated that the proposed house would be approximately 400 feet from the nearest residence and screened from view by vegetation. Board members discussed the access drive, traffic, storm water runoff and privacy issues regarding the location of the house. Board members felt that the house was far enough away and screened by trees so that it would not affect privacy, and that the driveway would be built to City standards and afford adequate access. Board members reviewed the cdteda for granting a special exception and felt that the proposed residence met said criteria. Minutes - Zoning Board of Adjustment April 24, 2003 Page 3 Motion by Felderman, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 27-03: Application of Jim & Anita Sullivan for a special exception for property deScribed as Lot 6 of Sullivan Addition (near Oak Crest Dr) off W. 32"a Street to build a single-family home 110 feet from the front property line, 50 foot maximum allowed, in an R-1 Single-Family Residential zoning district. Jim Sullivan, 422 W. 32~ Street, outlined his request for the Board. He said that he wan~s to set his house back further than 50 feet to optimize his view to the property. He noted that the setback from the comer pin on Oakcrest Drive would be 110 feet. Board members discussed the building setbacks, orientation of the building on the lot and the surrounding vegetation. Staff member Hemenway presented the staff report, noting the setbacks and the size of the lot. He discussed access, noting that utilities, a telephone pole and a catch basin are located at the access point and they may have to be moved at the owner's expense. Mr. Sullivan stated that the driveway could be built in such a manner as to not conflict with said utilities. Board members discussed the request and felt it met all the criteria for granting a special exception. Motion by Felderman, seconded by Gasper, to approve the special exception request as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 28-03: AppliCation of James & Kelly Gulyash Jr. for a special exception for property located at 785 S. Grandview Avenue to add an addition 5 foot 6 inches from the front property line (Perry Street), 20 foot required, in an R-1 Single-Family Residential zoning district. James Gulyash outlined his request for the Board. He stated that his request has been modified so as to not encroach on his neighbor's property to the north. He said his will be a two-story addition built 5 '6" from his property line along Perry Street. Board member Klauer asked about the setback of the existing garage. Mr. Gulyash stated that the proposed addition would not be built as close as the existing residence or detached garage. Staff Member Wernimont outlined the staff report, stating that Mr. Gulyash modified his request to satisfy Mrs. Hanson, the adjacent property owner. He stated that the existing setbacks constrain the lot to the 4' by 86' buildable area. Board members reviewed the request and felt it met the criteria for granting a special exception. Motion by Gasper, seconded by Klauer, to approve the special exception request as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. Minutes - Zoning Board of Adjustment April 24, 2003 Page 4 DOCKET 29-03: Application of Steve & Jamie Davis for a special exception for property located at 643 Chestnut Street to build a front porch 7 feet from the front property line, 10 feet required, in an R-ZA Alternate Two-Family Residential zoning district. Mary Davis, 1005 Boyer Street, stated she was representing Steve and Jamie Davis. She outlined the request for Board members stating that there is a porch already at the location but that the new porch will be two stories in height. Staff member Wemimont outlined the staff report, stating that the brick patio will remain as part of the project. He said that the porch will have open style construction, and it will be consistent with setbacks of adjacent properties. Board members reviewed the request and felt it met the criteria for granting a special exception. Motion by Klauer, seconded by Felderman, to approve the special exception request as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 30-03: Application of Bill & Michelle Gates for a special exception for property located at 2035 Jansen Street to build an attached garage/addition 10 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Al Urbain, 469 Tamarack Court, stated that he is the architect for the project. He discussed the alignment of the existing home and new garage, and set~acks of the existing structures and structures on the adjacent properties. Staff member Hemenway presented photos of the site to the Board. Mr. Urbain stated that the second floor of the garage would be used for a workshop and not a residential unit. Staff Member Hemenway presented the staff report, noting the setbacks of the existing structure and those of surrounding structures. Board members discussed the request and felt that it met the criteria for granting a special exception. Motion by Gasper, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klaue[, Gasper, Felderman and Ruden; Nay - None. DOCKET 31-03: Application of Al Urbain/George Szymanski for a special exception for property located at 1244 W. 5th Street to build a detached garage 25 feet in height, 15 feet maximum permitted, and 1,064 square feet, 820 square feet allowed, in an R-1 Single- Family Residential zoning district. Al Urbain, 469 Tamarack Court, stated that he is the architect for Mr. Szymanski. He said Mr. Szymanski would like to replace an existing structure that is three garages cobbled together. He said the existing garage is very deteriorated. He said that Mr. Szymanski would like to remove the existing garage and rebuild it with a workshop area above the Minutes - Zoning Board of Adjustment April 24, 2OO3 Page 5 garage space. He said the new garage structure would meet the required setbacks, He said that there are many two-story structures in this area, and that the garage would fitthe character of the neighborhood. Board Member Felderman stated that there are a number of single-story structures in the area also. Staff Member Wernimont outlined the staff report, explaining how the height was calculated. He said that the new garage would encroach less on the adjacent properties than the existing garage, which would meet the required setbacks. Board members reviewed the request, noting that the garage would replace a deteriorated garage and have a positive impact on the value of adjacent properties. Board members reviewed the criteria for granting a special exception, and felt that the garage project meets said criteria. Motion by Kiauer, seconded by Felderman, to approve the special exception request as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 32-03: Application of George Abresch for a conditional use permit for property located at 2706 Central Avenue to allow taxidermy space as a home occupation in an R-2A Alternate Two-Family Residential zoning district. George Abresch, 2706 Central Avenue, stated that he wants to start a taxidermy business in his garage with a small office space in his house. He said that both the Department of Natural Resources and the federal government regulate his business. He said that the animals he will receive would be prepared beforehand, so that he will only have to dispose of the skull. He said that he would not accept animal camasses with meat because he does not want to deal with disposal of animal byproducts. Staff Member Wemimont mentioned the letter from the adjacent property owners in support of the project. He distributed a map showing said property owners. He stated that he has received no negative input from adjacent property owners. He said that the tanning of hides would be undertaken in East Dubuque, and not at the site. Mr. Abresch said that he would be using no chemicals, except for preservatives for birds. Board members reviewed the request and felt it met the conditions for granting a conditional use permit. Motion by Gasper, seconded by Felderman, to approve the conditional use permit as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 33-03: Application of Jamie Carroll/Bill Bardck/Tony Kemp for a variance for property located at 123 Main Street to allow an outdoor patio with a deficit of 16 off-street parking spaces in a C-4 Downtown Commercial zoning district. Minutes - Zoning Board of Adjustment April 24, 2O03 Page 6 Jamie Carroll, 123 Main Street, said that she wants to open a wine garden atthe back of her store. Staff member Wernimont outlined the staff report, stating that the request was to create a 23' by 45' outdoor patio area. He said that four off-street parking spaces will be removed as part of the request, and 17 tables added. He discussed metered on-street parking, surface lots, and ramps in the Old Main area. He mentioned that the City plans to begin a shuffle service in this area to help move people from existing parking and ramps into the Old Main district. He said that the property owner's only recourse to generate additional parking would be to demolish existing buildings, but the demolition permits of historic buildings were reviewed by the Historic Preservation Commission, and were not likely to be approved. Board Members discussed the existing parking situation in the Old Main area and the variance request, noting that it met the criteria for granting a variance. Motion by Felderman, seconded by Gasper, to approve the variance request as submitted. The motion carried by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 34-03: Application of Jan Edwards, Lee Manor Investments/Brian Back, Java Dreams for a conditional use permit for property located at 1895 University Avenue to add a rear deck area with three tables to the existing coffee shop in a C-2 Neighborhood Shopping Center District. The conditional use permit was tabled at the applicant's request. Motion by Gasper, seconded by Urell, to table the request. The motion was approved by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. DOCKET 35-03: Application of Scoff & Peg Hopkins for a special exception for property located at 1395 Alta Vista to build a 6 foot high fence, 4 foot maximum allowed, 10 feet from the front property line (Loras Boulevard), in an R-2 Two-Family Residential zoning district. Peg Hopkins, 1395 Alta Vista, outlined her request for the Board. She said that the proposed fence would adjoin the neighbor's fence and will sit atop the hill and not impede sight visibility. Board members discussed the fence location and existing vegetation on the property. Ms. Hopkins stated that the shrubs on the property would remain. Staff Member Wernimont outlined the request. He said that the subject property is a corner lot and that the fence will be built outside the visibility triangle. He stated that the fence would not impede sight visibility from adjacent properties or for vehicular and pedestrian traffic. Board members felt that the request met the requirements for granting a special exception Minutes- Zoning Board of Adjustment- April 24, 2003 Page 7 Motion by Felderman, seconded by Klauer, to approve the special exception request as submitted. The motion carded by the following vote: Aye - Klauer, Gasper, Felderman and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the March 27, 2003 meeting and Notices of Decision for Dockets 11-03, 16-03, 17-03, 18-03, 19-03, 20-03, 21-03, 22-03, 23-03, 24-03 and 25-03 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:30 p.m, Kyle L. Kritz, Associate Planner Adopted