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Minutes Zoning Bd Adj 5 22 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, May 22, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell. Bill Gasper and William Felderman; Staff Members Guy Hemenway and Wally Wemimont. ABSENT: None. 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 at 4:00 p.m. DOCKET 36-03: Application of Delbert & Elaine Hillery for a special exception for property located at 2440 University Avenue to build a 20 foot by 20 foot detached garage 2 foot 6 inches from the east side property line and the rear property line, 6 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. Tom Goodman, 3055 Powers Court, stated that he is speaking on behalf of Elaine Hillery. He outlined the Hillery's request, noting that the proposed garage will replaced an existing dilapidated garage. He stated that the new garage will be a single-story with attic space, and will not block the neighbor's view. Staff Member Wemimont reiterated the request, stating that an existing brick fiat-roofed garage that is in disrepair would be removed. He stated that the repositioning of the new garage would provide safer vehicle access. He stated that the garage will have an 8-foot sidewall. Board Members discussed the request and said they feel it meets the requirements for granting a special exception. Motion by Felderman, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. DOCKET 37-03: Application of James David for a special exception for property located at 2824 Washington Street to enlarge an existing garage to 1,030 square feet, 730 square feet maximum permitted, I foot from the north side property line, 3 feet minimum required, in an R-2A Alternate Two-Family Residential zoning district. James David outlined his request for the Board. He stated that the new garage will have one 16-foot garage door and an entry door. He said that the existing garage is 22 feet. Board members discussed the garage design and its position on the lot. Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 2 Staff Member Wernimont stated that the applicant wishes to build an addition to the back of the garage that will project toward the residence. He stated that the garage will be built one foot from the side property line and will exceed the permitted square footage. He stated that the Board Members have the ability to recommend a survey if they feel it isnecessary. Board Members stated that since the garage addition will be built flush with the existing building wall, a survey is not necessary. Motion by Gasper, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. DOCKET 38-03: Application of Kevin Duster for a special exception for property located at 1120 Race Street to construct an addition on the east side of the house, 6 feet from the front property line, 20 feet required, and 4 feet from the side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Kevin Duster said that he proposes to build a 6' by 24' lean-to addition on the east side of his house to serve as a storage shed. He stated that many ofthe houses on the block are non-conforming in their setbacks. He said that the lean-to's roof will have a 2:12 pitch. Staff Member Wernimont reiterated the request, stating that a portion of the lean-to had already been built. He said that most of the structure is blocked from view from adjacent properties. He recommended that a gutter and downspout be installed to redirect storm water from the adjacent property. Board Members discussed the potential for storm water erosion created by the lean-to. Board Members felt that a downspout and guffer should be added to help alleviate the potential runoff problem. Motion by Klauer, seconded by Urell, to approve the special exception request with the condition that a gutter and downspout be added to direct storm water away from the adjacent property. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. DOCKET 39-03: Application of Daniel & Vemita Weig for a special exception for property located at 1810 Algona Street to install a fence 6 feet in height along the front property line (Dexter Street), 4 foot maximum allowed, in a R-1 Single-Family Residential zoning district. Vemita Weig said that she wants to place a 6-foot high privacy fence along the Dexter Street side of her property. She said the fence will be made of cedar. Boam members discussed sight visibility and the visibility triangle regarding the alley access. Mrs. Weig stated that the fence will provide pdvacy from street traffic. She stated that a large evergreen tree at the corner of the property may be removed to accommodate the fence. Staff Member Wernimont said that the 6-foot fence will be built along the lot line and will angle at the property corner to maintain the visibility triangle. He said he spoke with a neighbor regarding the fence, and the neighbor had no concerns. Board members Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 3 discussed the request and said the fence added privacy to the yard and should have little impact on traffic safety or adjacent properties. Motion by Klauer, seconded by Felderman, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Ruden; Nay - Gasper. DOCKET 40-03: Special Exception application withdrawn by applicant. DOCKET 41-03: Application of Tom Downing for a special exception for property located at 1028 W. 3rd Street to build a 24 foot by 30 foot detached garage 1% feet from the east side property line and 1% feet from the rear property line, in an R-2 Two-Family Residential zoning district. Tom Downing stated that he wants to construct a 2 % car garage 3 feet from the property line. He stated that the overhang would be 1% feet from the property line. Toni Ewert, 363 Hill Street, stated that she opposes the request because it will be built next to her back door. Board members discussed the site diagram. Mrs. Ewert stated that Mr. Downing's property sits lower than hers. Mr. Downing stated that he had discussed the project with Mr. Ewert and that he had offered to replace the existing shrubs with arborvitae. Staff Member Wernimont outlined the request, stating that the garage design had been approved by the Historic Preservation Commission. He stated that the HPC required a one-foot overhang on the structure. He stated that the garage wall will have to be moved to three feet from the side property line to maintain the one-foot overhang. He said if the garage is repositioned, a survey would not be necessary. He stated that the new garage will replace an old dilapidated garage and improve access to the building. He stated that Mr. Downing's yard sits lower than the adjacent property. He referenced a letter from Temj Mozena, an adjacent property owner, stating that he supported the project. Board members discussed the position of the garage as it related to the adjacent residence. Board Member Klauer read the criteria for granting a special exception. Board Members felt that the project meets said cdteda. Motion by Felderman, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. DOCKET 42-03: Application of Mike & Connie Gruber for a special exception for property located at 2508 Roosevelt to build a detached garage 12 feet from the front property line, 20 feet required, and 2 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 4 Mike Gruber discussed his project stating that he wants to build a 26' by 32' garage. Board members discussed the stub street and garage access. Board Member Felderman stated concerns with the drainage from the proposed garage to the adjacent property. Staff Member Wernimont outlined the staff report, stating that the garage will be accessed from the stub street, and that there is only one other driveway access to this street. He stated that water runoff will not be a problem because it will be redirected onto Mr. Gruber's property. Board members discussed the garage design in regards to storm water runoff. They stated they feel the storm water will adequately drain onto the applicant's property. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. DOCKET 43-03: Application of Fred Bonnet/Main Street Hospitality for a variance for property located at 210-214 W. 1 ~t Street to open a 138-seat restaurant with 20 employees and a deficit of 30 off-street parking spaces in a C-4 Downtown Commemial zoning district. Fred Bonnet, 536 Territory Drive, Galena, Illinois, outlined his request. He stated that he will discuss each of the criteria necessary for granting a variance. He stated that his building and associated parking consume the entire lot making the provision of additional off-street parking impossible at this location. He stated that he currently has a 13-space parking lot on the property. He stated that his request will not connote any special privilege on his property because there have been several other parking variances granted in the Old Main area. He stated that there is 420-space parking ramp in close proximity to his building that will provide additional parking. He submitted a packet with a rendering of the building after its completion and with letters of support from several adjacent business and property owners. He stated that his intention is to serve an evening meal and possibly special meals during holidays, but no lunches. Ted Bonz stated that he is the manager of Airwaves Cellular at 265 W. 1~t Street. He spoke in opposition, stating that there may be a conflict with parking, especially during the late hours of the afternoon during his peak business time, He stated that there is limited on-street parking in the proximity of his business. Sherry Basten said she manages the pet store at 263 W. 1~t Street. She spoke in opposition stating that her customers require convenient on-street parking in close proximity to her store. She said that many of her customers carry large or heavy objects such as bags of dog food and will not walk a long distance. William Wells stated that he is the owner of the property from 245-265 W. 1= Street. He spoke in opposition, stating that his tenants need the on-street parking for their businesses. He said they have some one-hour meters and that its likely that the clientele Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 5 of the restaurant will compete for said meters, especially in the late afternoon during peak business hours. Tony Kemp stated that he owns the O'Neill block building at the corner of 1~ and Main Streets. He spoke in favor of the request, stating that the vision for revitalization ofthe Old Main area includes the development of bars and restaurants. Lou Ann Hoerner stated that her father owned the barber shop in Mr. Well's commercial building. She spoke in opposition stating that she wishes to continue to lease her father's barber space and continue the business, but fears that a lack of on-street parking will make resurrecting the business difficult. Fred Bonnet stated that his is a small business, not a large business. He said that there is sufficient parking in the ramp within two blocks of his property. He discussed the proposed trolley system and noted that his business hours of operation are primarily in the evenings, which will not conflict with adjacent properties. Staff Member Hemenway presented the staff report. He noted that the applicant had submitted a letter of property owners in support. He outlined Mr. Bonnet's project, including the proposed renovation of the existing brick structure, the rehabilitation of 12 upper floor apartments and the development of a 138-seat restaurant with 20 employees on the main floor. He stated that the applicant had no ability to create additional off-street parking because of the limitations of the lot. He noted parking credits for the proposed building and discussed adaptive re-use of older structures in the Old Main area. He noted that a parking study for the Old Main area envisioned full development of the business space in the Old Main area, and the addition of the surface and ramp parking to address parking concems. He stated that convenient parking may not be available directly in front of all stores throughout the day. He stated that the Board can place conditions on the proposed variance that would include limiting the hours of operation. Board members discussed the request, and felt that Mr. Bonnet had adequately addressed the criteria for granting a variance. Board members felt that the request met each of the criteria for granting a variance. Motion by Felderman, seconded by Urell, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, 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 (tabled) 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. DOCKET 44-03: Application of Jan Edwards, Lee Manor Investments/Brian Back, Java Dreams for a vadance for property located at 1895 University Avenue to add a rear deck to Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 6 the existing coffee shop 1 foot from the front property line (Auburn Street), 10 feet required, in a C-2 Neighborhood Shopping Center District. Board Members agreed to hear the docket 34-03 and 44-03, the variance and conditional use permit applications, simultaneously. Brittany Hammond stated that she is the manager of Java Dreams, and she outlined her request for the Board. She noted her proposal is to build a small deck at the rear of the structure. She discussed recessing the steps back into the deck so that they did not project to the lot line or into the public right-of-way. Staff Member Hemenway presented the staff report. He discussed the previously approved conditional use permit for the business. He noted that the initial site plan did not indicate a deck. He stated that the addition of a three-table deck would not exceed the available off-street parking. He stated that the deck will be built one-foot from the side property line, but that steps are permitted to project into the required setback. He stated that if the steps were to be built over the lot line onto public right-of-way, that a construction license issued by the Engineering Department would be required. He stated that the deck's location would not block vehicular or pedestrian visibility and would not inhibit the view from any adjacent residential properties that are separated by the Auburn Street right-of-way and an alley right-of-way. Board members discussed the conditional use and variance stating that they felt they both meet the cdteda for approval and that they should have very limited impact on the adjacent properties. Motion by Felderman, seconded by Urell, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. Motion by Felderman, seconded by Urell, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 45-83: Application of Point Restaurant/Randy Klauer for a variance for property located at 2370 Rhomberg Avenue to allow a 140 seat restaurant with 8 employees, with a deficit of 20 off-street parking spaces, in a C-2 Neighborhood Shopping Center zoning district. Randy Klauer excused himself from the table and presented his variance request to the Board. He stated that his plans are to expand the existing Point Restaurant. He noted that there is on-street parking available on both sides of Rhomberg Avenue at this location. He discussed the site layout, including the restaurant's proximity to the adjacent residential neighborhood and surrounding commercial and industrial uses. Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 7 Delores Fleege, 2375 Rhomberg, stated that she lives in the residence across the street from the restaurant. She said she is concerned with the hours of operation and that the use was going to be a sports bar. Jay Blake, 8272 Wildlife Ridge, stated that he is the owner of the adjacent Dairy Queen. He said that he is concerned that overflow parking would spill into his lot. He noted that his hours of operation reflect the seasonal nature of his business. Mr. Klauer stated that he is in the process of purchasing the adjacent lot to the north from the City in an effort to provide additional parking. He noted that a restaurant will be the primary use and that the bar is accessory. He said that the restaurant will be open from approximately 10:00 a.m. to 11:00 p.m. He said he has no intention of opening a sports bar at this location. He stated that there is existing noise in this neighborhood from trains and the heavy traffic on Rhomberg Avenue. He stated that IIW surveyed the property and placed pins at all corners. He stated that he could fence the lot line to prevent overflow traffic from going into the Dairy Queen lot, but this may inhibit the traffic circulation on the Dairy Queen site. Staff Member Hemenway presented the staff report, He noted that Mrs. Fleege had received a letter of notification pdor to the meeting. He stated that bars are not a permitted use in a C-2 District. He said that serving alcohol is permitted as an accessory to a restaurant in a C-2 District. He noted the status of available parking on Rhomberg Avenue and stated that the residences across Rhomberg Avenue have an alley behind with either garages or paved off-street parking. He stated that the parking variance request has not been credited for the former use because at the time the variance application was submitted, Mr. Klauer did not know the amount of permanent seats of the former use. Board members discussed the request, noting that there is sufficient parking within the lot and on the street to satisfy demand in the neighborhood. Board members felt that the request meets the criteria for granting a variance. Motion by Urell, seconded by Gasper, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Urell, Gasper Felderman and Ruden; Nay - None; Abstain: Klauer. ' Motion by Gasper, seconded by Felderman, to table Dockets 46-03, 47-03, and 48-03 at the applicant's request. Motion was approved unanimously. DOCKET 49-03: Application of Richard Hirsch/Fat Tuesdays for a variance for property located at 1121 University Avenue to expand a kitchen area and remove two parking spaces for a deficit of two off-street parking spaces, in a C-2 Neighborhood Shopping Center zoning district. Richard Hirsch presented his application. He noted that his addition would accommodate a kitchen expansion and provide ADA compliant bathrooms and a small office. Staff Minutes - Zoning Board of Adjustment Thursday, May 22, 2003 Page 8 Member Hemenway presented the staff report. He noted that the expansion of the kitchen and bathroom areas will remove two parallel parking spaces from along side the existing building. He discussed the history of the bar/restaurant, noting that during a previous expansion, a parking lot was constructed to accommodate the additional demand. He said that the bar is a grandfathered use in the C-2 District, and he stated that Mr. Hirsch would be allowed to expand the kitchen area because the kitchen area serves the restaurant and restaurants are permitted in a C-2 District. He discussed the surrounding land use, businesses, and the status of on-street parking in the area. Board Members discussed the request and felt that it meets the criteria for granting a variance. Motion by Urell, seconded by Felderman, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper Felderman and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the April 26, 2003 meeting and Notices of Decision for Dockets 22-03, 24-03, 26-03, 27-03, 28-03, 29-03, 30-03, 31-03, 32-03, 33-03.34-03 and 35-03 were approved unanimously as modified. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Kyle L. Kritz, Associate Planner Adopted