Minutes_Zoning Board of Adjustment 1 23 20 Copyrighted
February 17, 2020
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Arts and Cultural Affairs Advisory Commission and Work
Groups of 1/28; City Council Proceedings of 2/4, 2/10;
Civil Service Commission of 1/30; Five Flags Civic Center
Commission of 1/27; Historic Preservation Commission of
2/6; Housing Commission of 1/28; Investment Oversight
Advisory Commission of 1/22; Zoning Advisory
Commission of 2/5; Zoning Board of Adjustment of 1/23;
Proof of Publication for City Council Proceedings of 1/13,
1/21; Proof of Publication for List of Claims and Summary
of Revenues for Month Ending 12/31/19.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Arts and Cultural Affiars Advisory Commission Minutes Supporting Documentation
of 1/28/20
Arts and Cultural Affiars Advisory Commission Working Supporting Documentation
Group Udpates of 1/28/20
City Council Proceedings of 2/4/20 Supporting Documentation
City Council Proceedings of 2/10/20 Supporting Documentation
Civil Service Commission Minutes of 1/30/20 Supporting Documentation
Five Flags Civic Center Advisory Commission Minutes Supporting Documentation
of 1/27/20
Historic Preservation Commission Minutes of 2/6/20 Supporting Documentation
Housing Commission Minutes of 1/28/20 Supporting Documentation
Investment OversightAdvisory Commission Minutes Of Supporting Documentation
1/22/20
Zoning Advisory Commission Minutes of 2/5/20 Supporting Documentation
Zoning Board of Adjustment Minutes of 1/23/20 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
1/13/20
Proof of Publication for Special City Council Supporting Documentation
Proceedings of 1/21/20
Proof of Publication for Regular City Council Supporting Documentation
Proceddings of 1/21/20
Proof of Publication for List of Claims and Summary of Supporting Documentation
Revenues for ME 12/31/19
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, January 23, 2020
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Jeff Cremer and Gwen Kosel; Staff Members Guy Hemenway and Travis
Schrobilgen.
Board Members Excused: Bethany Golombeski.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:05 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 Ahlvin, seconded by Kosel, to approve the minutes of the
December 19, 2019 Zoning Board of Adjustment meeting as submitted. Motion carried
by the following vote: Aye —Ahlvin, Kosel and McCoy; Nay— None; Abstain: Cremer.
DOCKET: 56-19 Conditional Use Permit (Tabled) Application of Steve's Properties
LLC, parcel identification number 10-27-35-2025 (Corner of Cedar Cross Rd. & Starlite
Dr.) to pave a parking lot to serve an adjacent commercial building, in an R-1 Single-
Family Residential zoning district.
Dave Schneider, 906 1St Street North, Farley, lowa outlined his request noting that the
applicant owns an adjacent multi-tenant commercial building and would like to expand his
parking lot into the residentially zoned property to the west. He said that the business
owner has indicated that it is difficult to rent some of his tenant spaces because of lack of
adequate parking.
Staff Member Hemenway noted that the request is to expand an existing parking lot onto
an adjacent residential lot creating 26 additional spaces. He said that a Conditional Use
Permit must be approved to allow development of a parking lot on a residentially zoned
lot. He noted that the area is mixed use and that the property suffers a singular
disadvantage in that it is a corner lot and there is no access to Starlite Drive or Cedar
Cross Road. He said that the applicant would use an existing curb cut on his commercial
property and expand onto the adjacent lot. He said that, if approved, the applicant would
have to submit an engineered site plan for review that would include storm water
Zoning Board of Adjustment Minutes
January 23, 2020 Page 2
management measures and a landscaping plan. He said that the adjacent residence is
approximately 90 feet away from the proposed parking lot. Staff member Hemenway
recommended that, if approved, the Board consider requiring robust landscaping along
the western property line.
Board Chair McCoy asked if an earthen berm would suffice. Staff Member Hemenway
said that a low berm with mixed vegetation would be best. Board Chair McCoy asked the
applicant if he would be willing to provide landscaping on the western boundary. Mr.
Schneider said yes, he had no problem with that request.
Board Members discussed the request and found that as the lot is land locked, a parking
lot may be the most appropriate use for it.
Motion by McCoy, seconded by Cremer, to approve the Conditional Use Permit request
to pave a parking lot to serve an adjacent commercial building with the condition that
western boundary of the parking lot be buffered with a berm and mixed vegetation.
Motion carried by the following vote: Aye — Cremer, Ahlvin, Kosel and McCoy; Nay —
None.
DOCKET: 01-20 Special Exception Application of Michael Rausch,15957 Middle Road
to build a 40' x 50' detached garage 19' in height, where 15' in height maximum is
permitted and for a total of 3,950 sq. ft. detached accessory structures, where 1,000 sq.
ft. maximum is permitted, in an AG Agricultural (default R-2A) zoning district.
Michael Rausch, 15957 Middle Road said that he would like to build a 40' x 50' detached
garage to be able to store his tractor collection and trailers.
Staff Member Hemenway detailed the staff report noting the square footage of the
existing structure and the proposed structure. He said that the property was recently
annexed and the default rezoning for an annexation is AG Agricultural unless otherwise
requested by the property owner. He said this property is zoned agricultural, but there is
no agricultural activity on it, just a single-family home. He noted that the default
designation is the R-2A Alternate Two-Family Residential District. He discussed the
topography and landscaping on the lot and noted the distance of the proposed structure
away from the adjacent residence and farm. He said that the applicant would not be
allowed to undertake any commercial activity on the property.
Board Chair McCoy asked if the property had previously been zoned residential when it
was in the county. Staff Member Hemenway said that he believed it was zoned
agricultural. Staff Member Hemenway offered examples of other residential non-
conformities within the community.
The Board discussed the proposal and felt that if the applicant stored tractors in the
building the use was appropriate.
Zoning Board of Adjustment Minutes
January 23, 2020 Page 3
Motion by McCoy, seconded by Ahlvin, to approve the Special Exception request to
build a 40' x 50' detached garage 19' from in height with the condition that no
commercial activity be allowed within any of the buildings on the property. Motion
carried by the following vote: Aye — Cremer, Ahlvin, Kosel and McCoy; Nay — None.
DOCKET: 02-20 Special Exception Chris Happ Olson, 1090 Grove Terrace, to construct
a two-story addition 0' from the south side property line, where 6' minimum is required, in
an R-2 Two-Family Residential zoning district.
Chris Happ Olson, 1090 Grove Terrace, said that she would like to remove an existing
addition and build a new addition approximately 12 inches back from its current location.
She said that the new addition would be set back 18" from the property line but that the
overhang would be built up to the property line. She noted that any new construction in
her district would require review and approval by the Historic Preservation Commission.
Board Chair McCoy asked for a clarification regarding the addition location. Staff
Schrobilgen noted the current building configuration and retaining wall layout. He said
that although the addition will be a bit larger lengthwise than the existing structure, it will
be moved back approximately 12 inches from the footprint of the current addition. He
said expanding the existing footprint requires approval of a Special Exception. He noted
that the Historic Preservation Commission will review the buildings design to ensure its
compatibility with the adjacent historic residences. He recommended that, if approved,
the Board require the storm water from the addition's gutter be directed away from the
adjacent property.
Board Members discussed the request and felt it was appropriate.
Motion by Ahlvin, seconded by McCoy, to approve the Special Exception request to
construct a two-story addition zero feet from the south side property line with the
condition that storm water from the addition be directed away from the adjacent
residential property. Motion carried by the following vote: Aye — Cremer, Ahlvin, Kosel
and McCoy; Nay— None.
ELECTION OF OFFICERS: Commissioners discussed openings.
Motion by Kosel, seconded by Ahlvin, to appoint Jonathan McCoy as Board Chair and
Jeff Cremer as Vice Chair. Motion carried by the following vote: Aye — Cremer, Ahlvin,
Kosel and McCoy; Nay— None.
ITEMS FROM STAFF:
ITEMS FROM BOARD:
ITEMS FROM PUBLIC:
Zoning Board of Adjustment Minutes
January 23, 2020 Page 4
ADJOURNMENT: Motion by McCoy, seconded by Cremer, to adjourn the January 23,
2020 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Cremer, Ahlvin, Kosel and McCoy; Nay — None
The meeting adjourned at 5:45 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted