Minutes_Zoning Board of Adjustment 3 25 21 Copyrighted
April 19, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 4/5 and 4/6; Library Board of Trustees of
2/25; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment
of 3/25; Proof of Publication for City Council Proceedings of 3/22 and
3/24.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 4/5/21 Supporting Documentation
City Council Proceedings of 4/6/21 Supporting Documentation
Library Board of Trustees Minutes of 2/25/21 Supporting Documentation
Zoning Advisory Commission Minutes of 4/7/21 Supporting Documentation
Zoning Board of Adjustment Minutes of 3/25/21 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
3/22/21
Proof of Publication for City Council Proceedings of Supporting Documentation
3/24/21
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, March 25, 2021
Virtual Meeting
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually.
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Bethany Golombeski, Gwen Kosel and Matt Mauss.
Board Members Excused: None
Board Members Unexcused: None
Staff Members Present: Wally Wernimont, Guy Hemenway, Travis Schrobilgen, and
Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:00 p.m.
MINUTES: Motion by Kosel, seconded by Golombeski, to approve the minutes of the
December 17, 2020 Zoning Board of Adjustment meeting as submitted. Motion carried
by the following vote: Aye —Ahlvin, Golombeski, Kosel, Mauss and McCoy; Nay —
None.
DOCKET — 01-21: Application of Doug Stillings, 709 Fenelon Place to store a vehicle 10'
from the front property line along Summit Street where 20' minimum is required in an R-3
Moderate-Density Multi-Family Residential zoning district.
Doug Stillings, 1255 Locust St, spoke in favor of the request. Stillings explained that he
was speaking for Rebecca Nolan, 709 Fenelon Place. He said, she is a vendor at the
Farmers' Market and uses her VW bus to sell baked goods and stores it in the off-
season. He noted that she does not have room on an approved concrete pad to store
the bus and meet the minimum 20' setback. He noted that she does have enough space
to be 10' from the front property line. He said the bus is screened by vegetation on the
Summit Street side.
Staff Member Schrobilgen detailed the staff report noting the property is a corner lot
with two front yards. He described the current location of the bus and the existing
vegetative screening along the right of way. He noted that the property is currently a
single-family residence with four total parking spaces and that if approved and an
additional unit were proposed, a parking variance would be required at that time
Zoning Board of Adjustment Minutes
March 25, 2021 Page 2
(provided vehicle storage is still taking place).
Staff displayed letters of support from Anai K. Williams (695 Fenelon Place, Apt 2),
Allen Sutton (710 Fenelon Place #3), Herbert F. Honey (727 Fenelon Place), John
Martin (732 Fenelon Place), Tom and Jannan Knepper (419 Summit Street), Terry
Stewart (460 Summit Street) and Judith M. Schmidt (460 Summit Street). Staff also
noted receipt of a letter of opposition from John Thompson & Jennifer Garza-Thompson
(421-427 Summit Street) detailing concerns about possible negative impacts on
aesthetics and property values and asking why the bus cannot be parked in the garage.
Mr. Stillings explained that the bus is too tall to fit in the garage.
Board member Ahlvin asked staff if the vehicle being used as a commercial vehicle
would be a concern. Staff Member Hemenway explained that parking a commercial
vehicle on a residential lot is permitted, but that commercial activity on premise would
not be permitted. Board members indicated they felt that the screening was adequate
and noted no concerns with the proposal. Board members expressed concerns
regarding a future vehicle being larger than current stored vehicle and recommended
limiting the size of any vehicle stored on the lot. The applicant accepted this condition.
Motion by McCoy, seconded by Ahlvin, to approve the request to store a vehicle 10'
from the front property line along Summit Street where 20' minimum is required in an R-
3 Moderate-Density Multi-Family Residential zoning district with the condition that any
vehicle stored be of similar dimensions as the 1978 VW Bus (6' W x 15' L). Motion
carried by the following vote: Aye —Ahlvin, Golombeski, Kosel, Mauss and McCoy; Nay
— None.
DOCKET — 02-21: Application of George & Abby Nauman, 870 Robin St. to build a
detached garage 16' in height and for a total of 1,375 sq. ft. of detached accessory
structures where 15' in height maximum and 1,000 sq. ft. detached accessory structures
maximum is permitted respectively, in an R-1 Single-Family Residential zoning district.
George Nauman, 870 Robin Street, spoke in favor of the request. He explained that
they are seeking to construct a detached accessory building to enclose an indoor pool.
Staff Member Schrobilgen noted that the request was for an enclosed pool and not a
garage. He detailed the staff report reiterating that the request is for a detached
accessory structure and that the review is for the size and height of the structure. He
noted characteristics of the lot including size, slope, and existing detached accessory
structures. He noted that the lot is relatively large and that the proposed building meets
required setbacks.
The Board asked for clarity regarding the setbacks. Staff noted the structure will be 8'
from the side property line. Staff member Schrobilgen noted that if this structure were
converted to a garage and vehicles accessed it regularly, a driveway would be required.
Zoning Board of Adjustment Minutes
March 25, 2021 Page 3
Motion by Mauss, seconded by Ahlvin, to approve the request to build a detached
accessory structure 16' in height and for a total of 1,375 sq. ft. of detached accessory
structures where 15' in height maximum and 1,000 sq. ft. detached accessory structures
maximum is permitted respectively, in an R-1 Single-Family Residential zoning district.
Motion carried by the following vote: Aye — Ahlvin, Golombeski, Kosel, Mauss and
McCoy; Nay — None.
DOCKET — 03-21: Application of Elisa Schmidt, 2459 Roosevelt St. to build a detached
garage 3' from the side property line where 6' minimum is required in an R-1 Single-
Family Residential zoning district.
Elisa Schmidt, 2459 Roosevelt, spoke in favor of the request. She explained that they
are proposing a 24' x 24' garage 3' from the side property line so they could have
access between the house and garage.
Staff Member Schrobilgen detailed the staff report noting the proposed garage will
encroach on the side yard setback and may have a limited impact on the use and
enjoyment of the adjacent property. He noted the proposed garage will meet the front-
yard setback which provides a clear view to vehicles and pedestrians along the right of
way and that public safety should not be an issue.
The Board discussed recommending the condition that the runoff from the structure be
managed on the subject property. The applicant agreed with the proposed condition.
Motion by Ahlvin, seconded by Golombeski, to approve the request to build a detached
garage 3' from the side property line where 6' minimum is required in an R-1 Single-
Family Residential zoning district with the condition that the runoff from the structure be
managed on the subject property. Motion carried by the following vote: Aye — Ahlvin,
Golombeski, Kosel, Mauss and McCoy; Nay — None.
DOCKET — 04-21: Application of Buesing & Associates, Inc., 2940 Spring Oaks Ct. to
build a detached garage 2' from the front property line (Castle Woods Ln) where 20' is the
minimum required in an R-1 Single-Family Residential zoning district.
Pat Norton, Buesing & Associates, 1212 Locust, spoke in favor of the request. Mr.
Norton explained that the Ottavis would like to build a detached garage taking access
off the existing driveway and that the corner of the foundation would be 2' from the
property line. He noted the nearest right of way was a stub street, and the undeveloped
land at the end of the stub street was owned by the Ottavis who have no plans to
develop it.
Staff referred to letters of support from Dave & Lori Meyer (2933 Spring Oaks Court),
Charles & Donnelle Rommel Fuerste (2932 Springs Oak Court) and Brenda & Greg
Norby (2826 Castle Woods Lane). Norton explained that the Ottavis have spoken to
other neighbors, and they have been supportive.
Zoning Board of Adjustment Minutes
March 25, 2021 Page 4
Staff Member Duba detailed the staff report noting the proposed garage would not block
visibility for drivers because it is beyond the end of Castle Woods Lane. He said that it
should not affect development, use, or enjoyment of neighboring properties as there are
no plans for development of the lot to the east, there is no risk for future visibility issues.
Board members recommended that runoff be directed to the subject property and that
the applicant demonstrate the location of the relevant property line to the satisfaction of
the Building official. The applicant noted they have already surveyed the property and
accepted these conditions.
Motion by McCoy, seconded by Mauss, to approve the request to build a detached
garage 2' from the front property line (Castle Woods Lane) where 20' is the minimum
required in an R-1 Single-Family Residential zoning district with the following
condition(s):
1) that runoff be maintained on the subject property, and
2) that the applicant demonstrates the location of the relevant property line to
the satisfaction of the Building official.
Motion carried by the following vote: Aye — Ahlvin, Golombeski, Kosel, Mauss and
McCoy; Nay — None.
DOCKET — 05-21: Application of Chandler Signs, 4025 McDonald Dr./145 N Crescent
Ridge to erect a 75' high off-premise freestanding sign, where 50' maximum is permitted,
in a C-3 General Commercial zoning district.
Staff noted that this application was withdrawn.
DOCKET — 06-21: Application of Larry Wolff, 485 Central Ave. to permit a drive-in/carry-
out restaurant in a C-4 Downtown Commercial zoning district.
Pat Norton, Buesing &Associates, 1212 Locust, spoke in favor of the request. Mr.
Norton explained that Mr. Wolff is purchasing the property and has a potential tenant for
a drive-through fast-food restaurant. He explained the drive-through will have two menu
boards, and more than ample queuing space to meet the City's Engineering Department
requirements.
Staff Member Hemenway detailed the staff report noting the plan is to convert the lot
and structure to a drive-in/carry-out restaurant from a former auto sales lot. He
explained that a conditional use permit is required in order to give consideration to
potential upper floor residents and concerns with noise and fumes. He noted there are
no upper story residential units present on the property and the neighborhood is mixed
use with upper floor apartments across Central Avenue. He noted that a preliminary site
plan has been approved by the Engineering Department. He said that the plan
indicates 13 spaces for queuing, and spaces for customer and employee parking and
delivery vehicles. He said that the property's business success has been marginal and
Zoning Board of Adjustment Minutes
March 25, 2021 Page 5
that a restaurant could help revitalize and prevent continued blight. He recommended
the Board condition their approval on an approved site plan.
The Board discussed requiring lighting that is respectful to surrounding properties. Staff
member Hemenway explained that, as part of the site plan review process, code
compliant lighting will be required.
The Board discussed setting hours of operation and asked Mr. Norton if they had
discussed hours of operation. He stated they did not have any set hours of operation at
this time. Board members observed that the hours for the McDonald's nearby were 5:00
AM — 12:00 midnight, so they proposed the same, and that was acceptable to Mr.
Norton. The Board noted that future tenants or the owner would have the ability to
request extended hours by going through the conditional use permit process.
The Board observed that it is likely that headlights from cars facing east while in the
drive-through aisle could shine in the windows of apartments across the street. A
suggestion was made that an existing wall adjacent to the building could be raised to 6'
to block the headlights. Staff member Hemenway noted that a six-foot-high screen
could block visibility for drivers pulling out of the site onto Central Avenue. He
recommended that the applicant work with the Engineering Department to mitigate
lights shining from car headlights.
Motion by McCoy, seconded by Mauss, to approve the request to permit a drive-
in/carryout restaurant in a C-4 Downtown Commercial zoning district with the following
conditions:
1. Approval be contingent on an approved site plan, and
2. Code compliant lighting be required, and
3. Car headlights from the southeastern exit along Central Avenue be
screened, and
4. The hours of operation be limited from 5:00 AM to 12:00 midnight.
Motion carried by the following vote: Aye —Ahlvin, Golombeski, Kosel, Mauss and
McCoy; Nay — None.
ITEMS FROM PUBLIC: Mr. Stillings expressed his gratitude to the Board and staff.
ITEMS FROM BOARD: Mr. Ahlvin noted that maps showing the address of any
submitting letters of support and opposition are helpful in review and asked if they could
be provided in the future. Staff member Duba agreed to make them available moving
forward.
Mr. McCoy asked Mr. Hemenway if it were true that he was retiring, and Hemenway said
the plan is to retire on August 12.
ITEMS FROM STAFF: None
Zoning Board of Adjustment Minutes
March 25, 2021 Page 6
ADJOURNMENT: Motion by McCoy, seconded by Kosel to adjourn the March 25,
2021 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Golombeski, Kosel, Mauss and McCoy; Nay — None
The meeting adjourned at 6:02 p.m.
Respectfully submitted,
Wally Wernimont, Planning Services Manager Adopted