Minutes_Zoning Advisory Commission 9.1.21Copyrighted
September 20, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 9/7; Library Board of Trustees Update of
8/26; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment
of 8/26; Proof of publication for City Council proceedings of 8/23, 8/24,
and 8/25.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 9/7/21 Supporting Documentation
Library Board of Trustees Update of 8/26/21
Zoning Board of Adjustment Minutes of 8/26/21
Zoning Advisory Commission Minutes of 9/1/21
Proof of Publication for City Council Proceedings of
8/23/21
Proof of Publication for City Council Proceedings of
8/23/21
Proof of Publication for City Council Proceedings of
8/24/21
Proof of Publication for City Council Proceedings of
8/25/21
Proof of Publication for City Council Proceedings of
8/25/21
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF
DUB E
AII-Aw CAy
111V
2007-20122013
2017*20I9
Masterpiece on the Mississippi
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, September 1, 2021
City Council Chambers, Historic Federal Building
Commissioners Present: Chairperson Matt Mulligan; Commission Members Becky
Kemp, Brittany Loeffelholz, Pat Norton, Rich Russell, and Teri Zuccaro
Commissioners Excused: Martha Christ
Commissioners Unexcused: None.
Staff Members Present: Wally Wernimont, Shena Moon, Travis Schrobilgen and
Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:00
p.m.
MINUTES: Motion by Zuccaro, seconded by Norton, to approve the minutes of the July
7, 2021 meeting. Motion carried by the following vote: Aye — Kemp, Loeffelholz, Norton,
Russell, Zuccaro, and Mulligan; Nay — none.
ACTION ITEM/FINAL PLAT: Application of Jason Rauen to approve the Final Plat of
3197 Hughes Ct. and 3160 Cedar Cross Ct. to approve the Final Plat of Cedar Ridge
Farm Place No. 19.
Jason Rauen, 504 Tahoe Ct, Farley, spoke in favor of the request. He said he
purchased land from his neighbor, and he's planning to make a parking lot.
Staff Member Moon detailed the staff report, noting the submitted plat is a simple
subdivision, but these lots are non -conforming due to not having street frontage on a
platted street and therefore required the commission's review and approval. She noted
in early 2021 the Commission reviewed and recommended approval of the Final Plat of
Cedar Ridge Place No. 17 which transferred approximate 1.5 acres from Lot 1 to Lot 2.
The proposed plat transfers approximately .84 acres from Lot 1 to Lot 2. She added that
no new non -conformities or uses would be created by this subdivision.
Commissioners had no questions or concerns about the plat.
Motion by Norton, seconded by Russell, to approve the Final Plat of Cedar Ridge Farm
Place No. 19 as submitted subject to waiving the lot frontage requirement for Lot 1 and
Lot 2. Motion carried by the following vote: Aye — Kemp, Loeffelholz, Norton, Russell,
Zuccaro, and Mulligan; Nay — none.
Minutes — Zoning Advisory Commission Minutes
September 1, 2021
Page 2
PUBLIC HEARING/REZONING: Application of Denise Foht to rezone property located
at the corner of Peru Road, Louise Street and Monroe Avenue, Parcels 1012376010
and 1012376013 to rezone property from R-1 Single -Family Residential to CS
Commercial Service & Wholesale designation to accommodate a mini self -storage
facility.
Denise Foht, 723 Peru Road, spoke on behalf of her application. She stated she wants
a garage for personal use. She hopes to expand or demolish the existing garage but
couldn't because the zoning district prohibits having a garage without a house.
Christel Krolick, 743 Louise Street, spoke in opposition to the request. She expressed
opposition to a mini -storage facility because it's a quiet neighborhood. She was okay
with a personal garage.
Albert Weidenbacher, 3257 Sheridan Road, spoke in opposition to the request. He
expressed that he's not opposed to a personal garage, but he doesn't want the property
rezoned and is concerned it would become a junk yard.
Dan Ludwig, 801 Peru Road, spoke in opposition to the request. He owns land adjacent
to the subject property and expressed that he doesn't want commercial zoning because
of all the associated uses. He said he was okay with a personal garage. He stated the
grass on the subject property is not cut and the property is not maintained.
Kim Rennison, 807 Peru Road, spoke in opposition to the request. She expressed
opposition to the rezoning. She said she's worried a garage will become bigger. She
suggested the applicant take down her swimming pool to build a garage on her
property, adjacent to her residence. She stated the subject property is not maintained
and that the existing garage is falling apart. She stated that she has spoken with other
neighbors who are in opposition and said she submitted a petition to staff.
Ms. Foht rebutted some of the previous statements. She stated that she can't put a
garage on her property because she has a private well there. She said she would prefer
to build a garage without rezoning but that it was not allowed. She agrees the area is in
disarray and that right now she does not own the property. She noted a few challenges
with property lines and stated she has a car sitting along the subject property because
she doesn't have a garage to store it in.
Staff Member Schrobilgen detailed the staff report. He noted there was a house on the
subject property, but it burned down and that the property was legally nonconforming.
He explained the current zoning does not allow use of the garage for off -site storage.
He said the lot is limited to about 5' of access, so access would need to be addressed
and further development would require site plan review and approval. He stated the CS
district permits a number of more intense uses such as kennels, auto repair, and
contractor yards. He said that the Zoning Advisory Commission and City Council denied
a 1996 rezoning request to C-3 for auto service and storage for the same property. He
said that in discussions with the applicant, she expressed interest in personal storage
initially with the possibility of future expansion for public storage.
Minutes — Zoning Advisory Commission Minutes
September 1, 2021
Page 3
An opposition letter from Dale and Gina Walbrun, 2532 Jackson, was displayed and
read into the record by Staff Member Schrobilgen. They stated they own adjacent
property and oppose the rezoning due to the number of associated uses, a reduced
property value, and an increase in traffic.
The commissioners expressed concern about the lack of clarity in the request, as it had
changed from mini -storage to a personal garage. They identified that much of the
contention with neighbors and the commission members was the rezoning would allow
numerous intense uses.
Commissioner Norton stated they could consider approving a conditional rezoning
tailored to the applicant's need, thereby striking other permitted uses in the CS zoning
district.
Commissioner Zuccaro expressed about the potential size of a garage structure if
rezoned.
Commission Russell expressed concern about the off -premise use and changing the
residential nature of the area, suggesting that the direct solution would be to build a
house on the subject property to go with the garage.
Planning Services Manager Wally Wernimont suggested the option to table the
application so staff could clarify the applicant's request. He noted the applicant may be
better served by rezoning to R-2A Alternative Two -Family Residential, which would
allow the applicant to apply for a Conditional Use Permit from the Zoning Board of
Adjustment to allow an off -premise residential garage. He said the change of request
would require re -notifying the public.
Given the lack of clarity and the variety of options available, the Commissioners
suggested tabling the request to allow staff to work further with the applicant.
Motion by Zuccaro, seconded by Kemp, to table the rezoning request. Motion carried by
the following vote: Aye — Kemp, Loeffelholz, Norton, Russell, Zuccaro, and Mulligan;
Nay — none.
PUBLIC HEARING/TEXT AMENDMENT: Application of the City of Dubuque text
amendment to amend the Unified Development Code to add a definition for Registered
Child Development Home and to allow Registered Child Development Home as a
permitted use in all Office, Commercial, and Industrial districts citywide.
Staff Member Schrobilgen discussed the proposed amendment. He noted that because
the City of Dubuque Unified Development Code doesn't currently define a Registered
Child Development Home, an applicant's options would be to either acquire state
licensure or be limited to the requirements of a homebased business. He said the
amendment would provide a potential middle ground for childcare. He read into record
the suggested definition as "A facility providing childcare or preschool services for
children that requires State of Iowa registration. Registered Child Development Home
does not include a licensed childcare center." He explained the City would regulate
Minutes — Zoning Advisory Commission Minutes
September 1, 2021 Page 4
registered child development homes similar to how licensed childcare is regulated and
would rely on the determination, requirements, inspections and an up-to-date
registration from the state of Iowa to ensure the property is safe and appropriate for a
registered child development home. He said the amendment would not limit the ability of
residents to operate childcare homes as a home -based business and they would
continue to be regulated by Article 7. He stated staff reached out to representatives of
the Department of Health Services and asked for their input regarding this amendment.
The DHS's feedback was positive, and Cherie Kennedy of Child Care Resource and
Referral was present and available for any questions regarding state licensure. He
concluded, noting the intent was to encourage an increased availability of child care
which is generally supported in the 2017 Comprehensive Plan:lmagine Dubuque 2037,
as well as the Equitable Poverty Reduction and Prevention Plan.
Cherie Kennedy, 20883 Pleasant Grove Rd, who works for Child Care Resource and
Referral, spoke in favor of the request. She described the Registered Child
Development Home, the registration requirements, and the capacity of care. She stated
she serves as the point person between providers and the state. She emphasized there
is a lack of childcare, and this action would remove a barrier. She said she was
available for questions.
Commissioners had no questions or concerns
Motion by Norton, seconded by Loeffelholz, to approve the text amendment to add a
definition for Registered Child Development Home and to allow Registered Child
Development Home as a permitted use in all Office, Commercial, and Industrial districts
citywide as submitted. Motion carried by the following vote: Aye — Kemp, Loeffelholz,
Norton, Russell, Zuccaro, and Mulligan; Nay — none.
ITEMS FROM PUBLIC: None
ITEMS FROM COMMISSION: None
ITEMS FROM STAFF: None
ADJOURNMENT: Motion by Kemp, seconded by Loeffelholz to adjourn the September
1, 2021 Commission meeting. Motion carried by the following vote: Aye — Kemp,
Loeffelholz, Norton, Russell, Zuccaro, and Mulligan; Nay — none.
The meeting adjourned at 6:45 p.m.
Respectfully submitted,
Wally Wernimont, Planning Services Manager Adopted