Minutes_Zoning Board of Adjustment 9.23.21Copyrighted
October 18, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 10/4; Zoning Advisory Commission of 10/6;
Zoning Board of Adjustment of 9/23; Proof of Publication for City
Council Proceedings of 9/7 and 9/20; Proof of Publication for List of
Claims and Summary of Revenues for Month Ended 8/31.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
City Council Proceedings of 10/4/21
Zoning Advisory Commission Minutes of 10/6/21
Zoning Board of Adjustment Minutes of 9/23/21
Proof of Publication for City Council Proceedings of
9/7/21
Proof of Publication for City Council Proceedings of
9/20/21
Proof of Publication for List of Claims / Summary of
Revenues for Month Ended 8/31/21
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF
DUB E 1 V Dimgq
zool.2012.2013
Masterpiece on the Mississippi 2017*2019
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:30 p.m.
Thursday, September 23, 2021
City Council Chambers, Historic Federal Building
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, Shena Moon, and Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:33 p.m.
MINUTES: Motion by Ahlvin, seconded by Mauss, to approve the minutes of the
August 26, 2021 Zoning Board of Adjustment meeting as submitted. Motion carried by
the following vote: Aye — Ahlvin, Golombeski, and Mauss; Nay — None.
DOCKET — 28-21: Application of Jeremy Cruse, 2405 Maryville Dr. to construct a fence 7'
high along the frontage with Kaufmann Avenue where 4' maximum is permitted in an R-1
Single Family Residential zoning district.
Jeremy Cruse, 2405 Maryville Dr, spoke in favor of the request. He explained that he
installed a 6' vinyl privacy fence to help block the noise and to provide safety for his
young daughter. He stated that it does not impede traffic view.
Staff Member Duba detailed the staff report noting that the fence is in a required front
yard, as it fronts on Kaufmann Avenue. He explained that it does not obscure visibility
and is in character with the surrounding neighborhood.
The Board had no questions or concerns.
Motion by Ahlvin, seconded by Golombeski, to approve the request to construct a fence
7' high along the frontage with Kaufmann Avenue where 4' maximum is permitted in an
R-1 Single Family Residential zoning district. Motion carried by the following vote: Aye
— Ahlvin, Golombeski, Kosel, Mauss and McCoy; Nay — None.
Zoning Board of Adjustment Minutes
September 23, 2021 Page 2
DOCKET — 29-21: Application of Kody Rife, 189 St. Mary's St. to convert a single-family
residence to a duplex with a deficit of two off-street parking spaces in an R-3 Moderate
Density Multi -Family Residential zoning district.
Kody Rife, 189 St. Mary's St, spoke in favor of the request. He explained they are
currently credited two parking spots for a single-family home, and they are applying to
get a variance for two more in order to convert the property to a rental duplex. He stated
there is space for three cars in front of the house.
Staff Member Duba detailed the staff report noting the parking requirements and credits
for the property, leading to this variance request for two spaces. He described this
unique street and area with its steep bluff and narrow, one-way street. He noted the
challenges presented by this topography and the difficulty in providing any off-street
parking.
The Board expressed a number of questions about the case. Board Member Kosel
stated that she was concerned about parking and wondered whether there was any way
to build on -site parking here. Mr. Rife replied no, not without significantly impacting the
stability of the property and existing residence.
Board Member Golombeski wondered whether the applicant had asked the Cathedral
about leasing parking. Mr. Rife replied no, but stated there is open parking on 3rd Street.
The subject property is six houses in from 3rd Street.
Board Member Ahlvin expressed less concern with this request, noting that this area is
regulated by the City's residential parking permit program, and no objections to the case
had been received. Mr. Rife explained how the parking permit system works. Staff
member Moon looked up information about the parking permit program from the City's
website and shared it with the Board Members.
Board Member Ahlvin asked the applicant what his time frame was for completing this
transition to a duplex, and Mr. Rife stated within a month to a month -and-a-half.
Board Member Kosel observed that public notices only go to property owners, and there
are a number of rental properties here, and perhaps those tenants might have
complained about this parking variance.
Motion by McCoy, seconded by Mauss, to approve the request to convert a single-
family residence to a duplex with a deficit of two off-street parking spaces in an R-3
Moderate Density Multi -Family Residential zoning district. Motion failed by the following
vote: Aye — Ahlvin and Mauss; Nay — Golombeski and Kosel, citing criteria 4 and 5, and
McCoy, citing criteria 2, 4, and 5.
Zoning Board of Adjustment Minutes
September 23, 2021 Page 3
DOCKET — 30-21: Application of Stephen Liske, 295 York St. to construct a 9' x10' deck
0' from the west side property line where 6' minimum is required in an R-1 Single -Family
Residential zoning district.
Staff member Moon informed the Board that the applicant, Mr. Liske, was not present, as
his wife had just given birth that morning. She read a note from Mr. Liske reviewing his
case and pointing out that no negative feedback had been provided by neighbors.
Staff member Moon also summarized emails with positive feedback from two adjacent
neighbors that had just been received.
Chair McCoy stated that it was not acceptable not to have a representative at the
meeting, and he moved to table.
Motion by McCoy, seconded by Kosel, to table the request to construct a 9' x10' deck 0'
from the west side property line where 6' minimum is required 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 — 31-21: Application of Ron Conrad, Jr., 1265 Bluff St. to permit 4 dwelling units
with a total of 3,900 sq. ft. of lot area where 8,000 is required in an R-4 Multi -Family
Residential zoning district.
Ron Conrad, Jr., 14115 Kathleen Ct, spoke in favor of the request. He explained that he
has owned this property for almost 18 years, and it has been a 4-plex that entire time.
He stated he's had numerous housing inspections over the years, but the most recent
showed that four weren't permitted. He's just looking to straighten that out.
Staff Member Moon detailed the staff report noting the applicant is looking to legally
recognize the 4t" unit. She stated up to 12 units are allowed on a property in the R-4
district. She stated no complaints had been received and that the property has sufficient
parking.
Board Member Ahlvin asked the applicant if he would be okay with a condition of
maintaining the paved space for off-street parking and not building on it. Mr. Conrad
stated that would be fine.
Board Member Mauss asked whether the 4t" unit was built in 2010, as records seemed
to indicate. Mr. Conrad stated that there were four units when he bought it in 2004.
Motion by Ahlvin, seconded by Mauss, to approve the request to permit 4 dwelling units
with a total of 3,900 sq. ft. of lot area where 8,000 is required in an R-4 Multi -Family
Residential zoning district with the condition that the paved space on the property be
maintained for off-street parking. Motion carried by the following vote: Aye — Ahlvin,
Golombeski, Kosel, Mauss and McCoy; Nay — None.
ITEMS FROM PUBLIC: None
Zoning Board of Adjustment Minutes
September 23, 2021
ITEMS FROM BOARD:
Page 4
Chair McCoy stated that he would like the Board to reconsider the Five Flags sign
variance from the August Board meeting, noting he was not interested in denial but
believed further discussion around items such as hours of operation and lumens should
be considered.
Planning Services Manager Wernimont spoke to the Board Members and read into the
record the section of the Zoning Board of Adjustment by-laws specifically pertaining to
reconsiderations. He clarified it is within the Board's authority to request reconsideration
of an item provided a motion is made by one of the members of the prevailing vote. He
requested for the Board to clearly indicate the reasons for this requested reconsideration.
McCoy prompted the Board for a motion. Motion by Mauss, seconded by McCoy, to
reconsider the sign variance for 405 Main St from August 2021 Board meeting. Board
member Ahlvin questioned whether there could be further discussion regarding why the
reconsideration. Chair McCoy stated there is a motion and a second. Motion carried by
the following vote: Aye — Kosel, Mauss, and McCoy; Nay — Ahlvin and Golombeski.
Board Members asked about the waiver they are supposed to sign and asked why there
is an injury release and a photographic release. Staff said they would reach out the City
Attorney and provide the Board with clarification regarding the details of the waiver.
ITEMS FROM STAFF: None
ADJOURNMENT: Motion by McCoy, seconded by Golombeski, to adjourn the
September 23, 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 6:10 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted