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Minutes Zoning Bd Adj 6 26 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, June 28, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Board Members Randy Klauer. Jim Urell and Bill Gasper; Staff Members Kyle Kritz and Wally Wernimont. Chairperson Mike Ruden: Board Member William Felderman. 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 4:18 p.m. by Vice-Chairperson Bill Gasper. DOCKET 50-03: Application of Mary Ransdell/Oakwood Inv. for a special exception for property located at 2839 Ridgeway to add a carport 0 feet from the west side property line, 6 feet required, in an R-1 Single-Family Residential District. Mary Ransdell 583 W. 7th Street, reviewed the special exception request with the Board. She indicated that the proposed carport will be located on the west side of the existing home 0 feet from the side property line. where 6 feet is required. She noted that the carport will have the same roofline as the existing home and no storm water runoff will drain onto the adjacent property to the west. She indicated that the west side would be enclosed while the entry and rear portions of the carport will be open. Staff Member Wernimont reviewed the staff report, noting the location of the proposed carport and its relation to structures. He indicated that the carport would not encroach any closer to the front property line than the existing home. He stated that since the applicant is proposing to build 0 feet from the west side property line, that staff recommends that if approved, a survey be obtained to verify the lot line. The Board discussed the location of the proposed carport. Motion by Klauer. seconded by Urell, to approve the special exception request as submitted, with the condition that the west side property line be surveyed. Motion was approved by the folloWing vote: Aye - Kla uer. Urell and Gasper; Nay - None. DOCKET 51-03: Application of Bill & Patty McGuire for a special exception for property located at 750 Montcrest Street to build a 1,350 square foot detached garage 1,000 square foot permitted, and 17 feet in height, 15 feet maximum permitted, 0 feet from the rear property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Bill McGuire reviewed his request with the Board. He noted that the garage would be located at the rear of his property embedded into a hillside. He indicated that a portion of Minutes- Zoning Board of Adjustment Thursday, June 26, 2003 Page 2 the garage would be located over the rear property line and project into the alley, and that he has been working with the Engineering Department to vacate the alley. Staff presented photos of the site and a contour map of the property. Mr. McGuire noted where the proposed garage would be located. Staff Member Wernimont reviewed the staff report, noting the location of the proposed garage and its encroachment into the alley. He indicated that the applicant has been working with Jane Smith in City Engineering to receive approval for vacating the alley. He noted that if the alley is vacated, the garage would meet the required six-foot rear yard setback. However, because the process is not yet complete, the Zoning Board of Adjustment needs to review the request for a 0' lot line setback. The Engineering Department is responsible for portions of structures that extend into the public right-of-way. Staff Member Wemimont recommended that. if approved, a condition be placed that the rear property line be surveyed. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted, with the condition that the rear lot line be surveyed. Motion was approved by the following vote: Aye - Kiauer, Urell and Gasper; Nay - None. DOCKET 62-03: Application of Hugh & Dorothy McCarron for a special exception for property located at 285 Mountain Lane to enlarge an existing deckJwalkway 11 feet from the front property line (Mountain Lane), 20 feet required, in an R-1 Single-Family Residential District. Hugh McCarron presented his request to the Board. He noted that he ~s proposing to remove an existing six-foot wide walkway and construct a new eight-foot wide walkway, which Will extend the full length of the structure and wrap around the north corner of the home. Staff Member Wernimont presented photos of the site to the Board: He noted that the proposed deck will be located outside the visibility triangle and would not block the views to the street from the adjacent properties. He indicated that there is an existing six-foot wide deteriorated deck that will be removed. Motion by Ureli, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the follow~ng vote: Aye - Klauer, Urell and Gasper; Nay - None. DOCKET 46-03: Application of Scott Van Roekel, U.S. Cellular/Aquila, Inc. for a variance for property located at 1015 Cedar Cross Road (tabled) to construct a 265 foot high self- supporting tower, with a 12' x 20' shelter building, 150 feet height allowed, in an CS Commercial Service & Wholesale zoning district. The Board discussed and decided to hear the conditional use and variance requests at the same time and to vote on each separately. Minutes - Zoning Board of Adjustment Thursday, June 26, 2003 Page 3 Julie Shubach, 4216 Sherman Street, N.E., Cedar Rapids, Iowa. representative for U.S. Cellular, presented the request to the Board. She indicated that they are requesting to remove an existing 300-foot guy line tower and install a new lattice-type cell tower. She indicated that the height for the variance is needed in order to make reasonable use of the service area. She presented propagation maps of the area, noting dropped calls and coverage resulting from current network of antennas. She also presented a propagation map of the area which showed which areas would be covered with the new tower antennas. She also presented the propagation maps of heights at 150 and 250-foot coverages. She indicated that the lattice-type structure was needed in order to provide co- locations for other additional cell tower companies. She indicated that because they needed to reach the 265-foot height, that they would not be able to meet one of the setbacks for one of the property lines. She indicated that this setback is along a property line, which abuts an agricultural field. She noted that the height of the tower is needed in order to improve the cell coverage. Ms. Shubach noted that the 300-foot guy line tower would need to be removed because it is not structurally sound enough to hold antennas and also other co-location possibilities. She indicated that because of the height of the tower, it will need to be lighted and thatthe tower will not need to be painted. The Board discussed if the cell tower would be located in the same spot as the guideline tower. She indicated that the cell tower is a lattice tower and the base is arger than the guideline tower, so it will be more noticeable, but it will be located in approximately the same spot. The Board discussed co-location possibilities. Staff Member Kritz presented the staff repot[. He noted the Zoning Ordinance allows towers in Commercial Service District as a conditional use. He indicated that all the property owners within 200 feet of the parcel have been notified by mail He noted the setback requirements for the proposed tower. He noted that the surrounding topography of Dubuque makes it difficult for cell towers to provide service coverage for the area. He indicated the height of the existing tower and the lighting requirements for the proposed tower. The Board discussed that this proposal actually reduces the height of the tower; however, the tower will be more visible because of the lattice-type structure. They indicated that the area is appropriate for this type of structure and considered that an existing tower in the area can not accommodate additional antenna structures. The Board reviewed the criteria for granting a conditional use. They indicated that the drive access to the compound will need [o be paved. The representatives for U.S. Cellular agreed to do this. The Board reviewed the criteda for granting a variance. The Board discussed that the variance for the height is needed to provide adequate coverage for the subject service area. The proposed tower height also results in a request for a vadance in setback. Minutes - Zoning Board of Adjustment Thursday, June 26, 2003 Page 4 Motion by Urell, seconded by Klauer, to approve the variance in height based on the need for service area coverage and co-location. Motion was approved by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. DOCKET 47-03: Application of Scott Van Roekel. U.S. Cellular/Aquila, inc. for a conditional use permit for property located at 1015 Cedar Cross Road to allow a 265 foot self-supporting tower, with a 12' x 20' shelter building, ,n an CS Commercial Service & Wholesale zoning district. Motion by Urell, seconded by Klauer, to approve the conditional use permit as presented. Motion was approved by the following vote: Aye- Klauer, Urell and Gasper; Nay- None. DOCKET 48-03: Application of Scott Van Roekel, U.S. Cellular/Aquila, Inc. for a variance for property located at 1015 Cedar Cross Road to construct a 265 foot self-Supporting tower, with a north side yard setback of 141 feet, where 265 feet is required, in a CS Commercial Service & Wholesale zoning district. Motion by Urell, seconded by Klauer, to approve the variance for the north side yard setback. Motion was approved by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the May 22, 2003 meeting and Notices of DeciSion for Dockets 34-03, 36-03, 37-03.38-03, 39-03, 41-03, 42-03, 43-03. 44-03, 45-03, 49-03 were approved unammously as submitted. ADJOURNMENT: The meeting adjourned at 5:02 p.m. Respectfully submitted, Kyle L. Kdtz, Associate Planner Adopted