Minutes_Zoning Board of Adjustment 4 22 21Copyrighted
May 17, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 5/3; Community Development Advisory
Commission of 4/21; Housing Commission of 4/27; Library Board of
Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Commission of
5/5; Zoning Board of Adjustment of 4/22; Proof of Publication for City
Council Proceedings of 4/19.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 5/3/21 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 4/21 /21
Housing Commission Minutes of 4/27/21 Supporting Documentation
Library Board of Trustees Minutes of 3/20/21 Supporting Documentation
Library Board of Trustees Minutes of 3/22/21
Library Board of Trustees Minutes of 3/24/21
Library Board of Trustees Minutes of 3/25/21
Zoning Advisory Commission Minutes of 5/5/21
Zoning Board of Adjustment Minutes of 4/22/21
Proof of Publication for City Council Proceedings of
4/19/21
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, April 22, 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, and Matt Mauss.
Board Members Excused: Gwen Kosel
Board Members Unexcused: None
Staff Members Present: Jason Duba, Guy Hemenway, Travis Schrobilgen, and Wally
Wernimont
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:00 p.m.
MINUTES: Motion by Ahlvin, seconded by Golombeski, to approve the minutes of the
March 25, 2021 Zoning Board of Adjustment meeting as submitted. Motion carried by
the following vote: Aye — Ahlvin, Golombeski, Mauss and McCoy; Nay — None.
DOCKET — 07-21: Application of Michael Lott, 2272 Prince St. to erect a detached
structure 0' from the front property line (Regent St) where 10' minimum is required in an
R-2A Alternate Two -Family Residential zoning district.
This request was withdrawn by staff citing an incomplete application.
DOCKET — 08-21: Application of Chris Martin, 1803 Key Way Drive to construct an
addition 13' from the front property line where 20' minimum is required in an R-1 Single -
Family Residential zoning district.
Mr. Martin, spoke in favor of the request. He explained that the addition would be for a
master bedroom and bath and that the addition will match the existing structure.
Staff Member Hemenway detailed the staff report noting that the addition is 20' x 20'
and that the property line tapers toward the applicant's property as it goes west. He
noted that the adjacent property fronts away from the addition and that the view from
the nearby driveway would not be impacted. He noted that the addition would not be
detrimental to public safety with it being approximately 20' from the street.
Zoning Board of Adjustment Minutes
April 22, 2021
Page 2
The Board discussed the proposal finding it appropriate, provided it match the exterior
of the home
Motion by McCoy, seconded by Golombeski, to approve the request to construct an
addition 13' from the front property line where 20' minimum is required in an R-1 Single -
Family Residential zoning district with the condition that the addition match the home's
exterior. Motion carried by the following vote: Aye — Ahlvin, Golombeski, Mauss and
McCoy; Nay — None.
DOCKET — 09-21: Application of Lana Forsky, 1756 Glenwood Ct. to erect a 6' high
fence along the front property line (Pennsylvania Ave.) where 4' in height maximum is
permitted in an R-1 Single Family Residential zoning district.
Lana Forsky, 1756 Glenwood Court, spoke in favor of the request. She explained that
they hoped to build the fence to reduce the traffic noise from Pennsylvania Avenue. She
said that they did not feel that a 4' fence would sufficiently block the noise.
Mark Newland, next -door neighbor at 1755 Glenwood Court, spoke in favor of the
request.
Staff Member Duba detailed the staff report noting similar privacy fences nearby and
that staff had no concerns regarding safety.
The Board discussed the proposal noting that the exterior of the fence should be
neighbor -friendly.
Motion by Mauss, seconded by Ahlvin, to approve the request to erect a 6' high fence
along the front property line (Pennsylvania Ave.) where 4' in height maximum is
permitted in an R-1 Single Family Residential zoning district with the condition that the
fence be neighbor -friendly. Motion carried by the following vote: Aye — Ahlvin,
Golombeski, Mauss and McCoy; Nay — None.
DOCKET — 10-21: Application of Embassy Construction, LLC., 3860 Asbury Rd. to build
a detached accessory structure to house a crematorium in an R-3 Moderate Density
Multi -Family Residential zoning district.
Martin Winders, 620 E. 24t" Street, spoke in favor of the request. He explained that the
detached structure would house the crematorium and that they wanted to retain the
ability to build the event center in the future.
Greg Yoko, 3660 Seville Drive, who also submitted a written letter of support, spoke in
favor of the request noting that there are no significant concerns regarding this
application and would endorse and support the issuance of a conditional use permit.
Staff Member Schrobilgen detailed the staff report noting the proposal is to add a 660
sq. ft. detached structure outside of the area already approved for a Conditional Use
Zoning Board of Adjustment Minutes
April 22, 2021 Page 3
Permit. He said that staff did not anticipate any issues regarding safety or public
inconvenience and because of that, did not suggest and conditions.
The Board discussed the proposal and asked if the exterior treatment of the structure
will match existing garage. Mr. Winders said that the exterior of the crematorium
structure would be clad with vinyl siding that would match the garage.
Motion by McCoy, seconded by Mauss, to approve the request to build a detached
accessory structure to house a crematorium in an R-3 Moderate Density Multi -Family
Residential zoning district with the condition that the siding match the adjacent garage.
Motion carried by the following vote: Aye — Ahlvin, Golombeski, Mauss and McCoy;
Nay — None.
DOCKET — 11-21: Application of Jacob Meyer, 2808 Van Buren to build a deck 3' from
the front property line where 20' minimum is required in an R-1 Single Family
Residential zoning district.
Mr. Meyer, spoke in favor of the request noting the existing porch is in disrepair. He said
they wished to expand the existing porch and improve curb appeal. He said the lot line
is closer than expected and that there is still quite a bit of room.
Staff Member Hemenway detailed the staff report noting the parkway is large in front of
the applicant's property and that there is no concern regarding public safety. He also
noted there would be about 20' between the front of the deck and the street.
The Board discussed the proposal finding it appropriate, provided the deck remain of an
open design.
Motion by McCoy, seconded by Golombeski, to approve the request to build a deck 3'
from the front property line where 20' minimum is required in an R-1 Single Family
Residential zoning district with the condition that the deck remain of an open design.
Motion carried by the following vote: Aye — Ahlvin, Golombeski, Mauss and McCoy;
Nay — None.
ITEMS FROM PUBLIC: None.
ITEMS FROM BOARD:
Board Member Mauss had a question that stemmed from a discussion he had with a
member of the public. He asked for clarification on whether or not there was a setback
for concrete flat -work.
Staff member Hemenway noted that at grade concrete can be installed "up to" the
property line but also cautioned that the property owner should know the exact location
of the property line. He recommended that the pavement not be pitched so as to direct
runoff onto the neighboring property and that a right of way permit may be needed if the
pour is near the right of way or public sidewalk.
Zoning Board of Adjustment Minutes
April 22, 2021
ITEMS FROM STAFF:
• Election of Officers
Page 4
Planning Services Manager Wally Wernimont noted that the Board is required to appoint
officers at the first meeting of the year and recommended the Board nominate and motion
to approve the positions.
The Board nominated McCoy as Board Chair and Ahlvin as Vice Chair.
Motion by McCoy, seconded by Mauss, to appoint Jonathan McCoy as Board Chair and
Keith Ahlvin as Vice Chair. Motion carried by the following vote: Aye — Ahlvin,
Golombeski, Mauss and McCoy; Nay — None.
• Appoint members to the Airport Zoning Board of Adjustment
Staff member Schrobilgen noted that The Zoning Board of Adjustment is required to
appoint two of its members to the Airport Zoning Board of Adjustment per Unified
Development Code Article 8-1(E). He noted that it is a voluntary position which requires
City Council Appointment.
The Board agreed to retain Kosel and Mauss as liaisons.
Motion by McCoy, seconded by Golombeski, to appoint Gwen Kosel and Matt Mauss as
the Zoning Board of Adjustment liaisons to the Airport Zoning Board of Adjustment.
Motion carried by the following vote: Aye — Ahlvin, Golombeski, Mauss and McCoy; Nay
— None.
• Board Input for City Council Goal Setting. Feedback by May 13.
Planning Services Manager Wally Wernimont discussed the goal setting process and
noted the ZBA is somewhat different from other Board and Commissions because they
are a regulatory board. He also noted that we are looking to maintain technology updates
when returning to the Council Chambers and that it would fit as a request from the Board
if they agreed. He said that in previous years we noted the number of cases in the
previous fiscal year and ask to evaluation and update the UDC. He also stated that the
ZBA has done a great job navigating the abrupt shift to virtual meetings.
The Board agreed with the summary of past submissions and requested that the
document be handed out to the Board members for review and for additional suggestions.
ADJOURNMENT: Motion by McCoy, seconded by Mauss, to adjourn the April 22, 2021
Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Golombeski, Mauss and McCoy; Nay — None
Zoning Board of Adjustment Minutes
April 22, 2021
The meeting adjourned at 5:45 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted
Page 5