Minutes_Zoning Board of Adjustment 2 27 20City of Dubuque
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Copyrighted
March 16, 2020
Consent Items # 1.
Minutes and Reports Submitted
City Council Proceedings 2/27, 3/2, 3/9; Community
Development Advisory Commission of 2/19; Historic
Preservation Commission of 2/20; Housing Commission of
2/25/20; Library Board of Trustees of 1/23; Resilient
Community Advisory Commission of 3/5 with Attachments;
Zoning Advisory Commission of 3/4; Zoning Board of
Adjustment of 2/27; Proof of Publication for City Council
Proceedings of 2/10, 2/17, 2/24, 2/26, 2/27.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description
City Council Proceedings of 2/27/20
City Council Proceedings of 3/2/20
Community Development Advisory Commission Minutes
of 2/19/20
Historic Preservation Commission Minutes of 2/20/20
Housing Commission Minutes of 2/25/20
Library Board of Trustees Minutes of 1/23/20
Resilient Community Advisory Commission Minutes of
3/5/20 with Attachments and Correspondence
Zoning Advisory Commission of 3/4/20
Zoning Board of Adjustment
Proof of Publication for City
2/10/20
Proof of Publication for City
2/17/20 Special Session
Proof of Publication for City
2/17/20 Regular Session
Proof of Publication for City
2/24/20
Proof of Publication for City
2/26/20
Proof of Publication for City
2/27/20
Minutes of 2/27/20
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
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Supporting Documentation
Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, February 27, 2020
Historic Federal Building, Room 250
D1: vffiR
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Jeff Cremer, Gwen Kosel and Bethany Golombeski; Staff Members Wally
Wernimont and Guy Hemenway.
Board Members Excused: None.
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 Iowa Open Meetings Law.
MINUTES: Motion by Golombeski, seconded by Ahlvin, to approve the minutes of the
January 23, 2020 Zoning Board of Adjustment meeting as submitted. Motion carried by
the following vote: Aye — Ahlvin, Kosel, Cremer and McCoy; Nay — None; Abstain —
Golombeski.
DOCKET 03-20 Special Exception: Application of Adam Rathje, 1840 S. Grandview
Ave., to construct a 28' x 44' detached garage 22' in height for a total of 1,550 sq. ft.,
where 1,000 sq. ft. of detached structures is allowed, and where 15' in height maximum is
allowed, in an R-1 Single -Family Residential zoning district.
Adam Rathje, 1840 S. Grandview Avenue, said that he owns two lots and that he will
build the proposed garage so as to transcend the common lot line. He said that the
detached garage will only be used for storage of his antique cars and for an upstairs
area for entertaining and to accommodate family members.
Staff Member Wernimont outlined the request noting that the applicant had submitted
elevations and building designs. He noted the lot area and discussed the surrounding
neighborhood conditions. He said that the garage design has a residential feel and that
it would be partially screened by surrounding vegetation. He said that the garage will
have to straddle the lot line to join the two lots.
Board Member Ahlvin said that he was concerned with the height and scale of the
structure as it is located in a residential neighborhood. Board Member Cremer pointed
Zoning Board of Adjustment Minutes
February 27, 2020 Page 2
out that the applicant has a large double lot and that a residence of similar size could be
placed on the second lot. He said that he was pleased with the design shown on the
elevations provided by the applicant.
Mr. Rathje said that the overall height of the structure is a bit lower when the dormer
height is excluded. He said that the peak of the garage will be below the highest part of
the dormer. Staff Member Wernimont noted how height for detached structures is
calculated.
Board Members discussed the request and said that they were pleased that the garage
entry would be facing the interior of the lot so that there would not be three unbroken
doors facing Grandview Avenue. Board Members discussed the request and felt that it
was appropriate.
Motion by McCoy, seconded by Cremer, to approve the request to build the garage with
the condition that the structure be in substantial compliance with the submitted
elevations and building design. Motion carried by the following vote: Aye — Cremer,
Kosel, Golombeski and McCoy; Nay — Ahlvin.
Board Member Ahlvin sited criteria E regarding the requirements for granting a Special
Exception as his rationale for denial of the request.
DOCKET 04-20 Conditional Use Permit: Application of Igbal Singh, 1450 Loras Blvd. to
expand existing gas station/convenience store in a C-1 Neighborhood Commercial zoning
district.
Igbal Singh, 1450 Loras Blvd., presented his request. He said that the existing
convenience store restrooms were small and that he wanted to rebuild them to meet
accessibility requirements.
Larry Holscher, 1330 Nowata Street, submitted a letter to the Board. He said that a
fence was required on the west side of the building that would block headlights from the
parking area. He said that the fence has not been installed. He discussed conditions
placed on previous approvals that he said had not been met. He said that the
compressor had been placed atop the building not on the west side cooler as was
required. He said that the compressor had not been screened and is loud. He said that
the security lighting on the building shines into the windows of the adjacent property
owners. He said that storm water runs from the subject property across the sidewalk
and into the street.
Jane Schmitt, 1377 Wood Street, said she agreed with Mr. Holscher's assessment. She
said that she has concerns with noise and an accumulation of junk and debris from the
construction process that she says is directly adjacent to her property.
Brian Arnold, 589 50th Avenue, Baldwin, Iowa, said that he installed vertical steel siding
Zoning Board of Adjustment Minutes
February 27, 2020 Page 3
on the structure. He said the downspouts will be installed and tied into a tile that will
drain into the street. He said that relocating the compressor on the west side of the
building was a problem because the cooler roof was not structurally adequate to hold
the weight. He said that when construction is finished the site will be cleaned and debris
removed and the screening fence will be completed.
Mr. Singh said that his intent is to finish the project and clean the property.
Staff Member Hemenway presented the staff report. He outlined the property history
noting previous ZBA approvals and their attendant conditions. He said that Mr. Singh is
a new owner and that he applied for and was granted a building permit for the new
addition.
Board Chair McCoy asked if the conditions required from the last approval had been
fulfilled. Staff Member Hemenway said that the compressor was not located properly
and that a small section of privacy fence had not been installed. He said that the
neighbors complained about light emanating from the security lighting on the south side
of the building. He said that the Board could require the applicant to install code
compliant cut-off fixtures to reduce the glare spilling over the property line.
Board Chair McCoy asked about enforcement of the previous CUP conditions. He said
that he was hesitant to approve another request prior to those conditions being met.
Staff Member Hemenway said that the Board could require that the original conditions
be fulfilled prior to commencement of any additional work. Board Member Ahlvin
expressed concern that the previous conditions had not been fulfilled. Board Member
Golombeski discussed the location of the screening fence and compressor unit. She
suggested that the previous items be addressed before the Conditional Use Permit
process moves forward.
Board Member Cremer discussed the former approvals noting the lack of progress over
an extended period of time.
Board Chair McCoy said that it appears the applicant does not have the required
number of votes for approval. He asked if the Board should require the previous
conditions be met before the approval of the addition. He suggested that the applicant
table the request and fulfill the conditions of the previous approval before moving
forward with the Conditional Use Permit. He noted that drainage issues, the screening
fence, the relocated compressor and reduced lighting should be addressed.
Mr. Singh requested that his application be tabled until the next meeting. He said that
he would use the time to address the conditions that had not been completed. He said
that he can remove the lighting immediately. He said that he did send letters to the
neighborhood asking for their input and asking that they contact him with any concerns.
Zoning Board of Adjustment Minutes
February 27, 2020 Page 4
Board Chair McCoy asked about tabling the request. Mr. Singh said that he would like
to table the request. Board Member Cremer asked if Mr. Singh was clear that he
needed to relocate the compressor and screen the parking space on the west side of
the building. Mr. Singh said he understood.
Motion by McCoy, seconded by Golombeski, to table the Conditional Use Permit
request for 1450 Loras Blvd. Motion carried by the following vote: Aye — Cremer, Kosel,
Golombeski and McCoy; Nay — Ahlvin.
DOCKET 05-20 Variance: Application of John Weber, McGrath Collision Center, 3255
University Ave. to add a third wall mounted sign to a business, where two signs maximum
permitted, in a C-3 General Commercial zoning district.
Board Member Golombeski recused herself.
John Weber, Director of McGrath Collision Center, 3255 University Avenue, outlined his
request. He said that McGrath Collision is an entirely separate entity from the McGrath
Auto Dealership. He said that he just rents the space adjacent to the dealership. He
said that the two businesses are not connected in any way. He referred to photos of the
site. He said that the collision center serves the entire tri-state area. He said that
business is referred to the collision center from various entities. He said that he does
not have any signs on the building and that his business relies on clear and concise
signage to advertise its location.
Dan McDonald, Greater Dubuque Development Corporation, 900 Jackson St. said that
he supports Mr. Weber's request. He said that he understands that the Zoning Board of
Adjustment follows a certain set of guidelines. He referred to the previous request. He
said that currently McGrath Collision has no sign on the building. He said that as it is a
stand-alone business that specific business signage is necessary.
Staff Member Hemenway presented the staff report. He noted that the request is for a
third wall mounted sign. He said that the building is somewhat of a hybrid between an
auto dealership and a multi -tenant building. He said that dealerships are permitted
different signage than regular multi -tenant buildings or stand-alone businesses. He
discussed regulations for multi -tenant versus stand-alone buildings. He discussed the
multi -tenant issue, noting that Fareway and Big Lots constitute a multiple tenant
building, but their large scale warranted a variance. He said that the dealership is a
large-scale structure not typical of a multi -tenant building.
Board Member Ahlvin said that at the last meeting he felt that he collision center was
not a fully separate business. He said after Mr. Weber's explanation it appears that it is.
He asked how the City can guarantee that, if approved, McGrath could not utilize the
tenant space and take advantage of the additional signage. Staff Member Hemenway
said that it is difficult to regulate business changes as it regards signage.
Zoning Board of Adjustment Minutes
February 27, 2020 Page 5
Board Chair McCoy discussed signage requirements for a multi -tenant building. He said
that the building owner was allocated all the permitted signage and that it could be
redistributed. Mr. Weber says that he has no signage on the front of the building
whatsoever.
The Board discussed the potential for directional signage. Board Chair McCoy
questioned whether the business was a separate entity.
Board members asked the applicant to provide information such as payroll and tax
records that would demonstrate that McGrath Collision Center and McGrath Auto are
two fully separate businesses.
Board Members discussed the request and asked if the applicant would be willing to
table and provide the additional information necessary to demonstrate the business
relationship.
Mr. Weber said that he would like to table the request.
Motion by McCoy, seconded by Cremer, to table the request for McGrath Collision
Center signage. Motion carried by the following vote: Aye — Cremer, Ahlvin, Kosel and
McCoy; Nay — None; Abstain — Golombeski.
ITEMS FROM STAFF: none
ITEMS FROM BOARD: none
ITEMS FROM PUBLIC: none
ADJOURNMENT: Motion by McCoy, seconded by Cremer, to adjourn the February 27,
2020 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Cremer, Ahlvin, Kosel, Golombeski and McCoy; Nay — None
The meeting adjourned at 6:30 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted