Minutes_Zoning Advisory Commission 11.3.21Copyrighted
November 15, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 11/1; Arts and Cultural Affairs Commission
of 9/07, 9/28, and 10/19; 1 nvestment Oversight Advisory Commission of
10/26; Library Board of Trustees Update of 10/28; Zoning Advisory
Commission of 11/3; Proof of publication for City Council proceedings of
10/4, 10/18, and 10/20; Proof of publication for List of Claims and
Summary of Revenues for Month Ended September 30, 2021.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_1if_Td:I�,I=1kihI'S
Description Type
City Council Proceedings of 11/01/21 Supporting Documentation
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
9/07/21
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
9/28/21
Arts and Cultural Affairs Commission Minutes of
Supporting Documentation
10/ 19/21
Investment Oversight Advisory Commission Minutes of
Supporting Documentation
10/26/21
Library Board of Trustees Update of 10/28/21
Supporting Documentation
Zoning Advisory Commission Minutes of 11/3/21
Supporting Documentation
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/4/21
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/ 18/21
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/20/21
Proof of Publication for List of Claims / Summary of
Supporting Documentation
Revenues for Month Ended 9/30/21
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, November 3, 2021
City Council Chambers, Historic Federal Building
Commissioners Present: Chairperson Matt Mulligan; Commission Members Martha
Christ, Becky Kemp, Brittany Loeffelholz, Pat Norton, Rich Russell and Teri Zuccaro
Commissioners Excused: None.
Commissioners Unexcused: None.
Staff Members Present in City Council Chambers: Jason Duba
Staff Members Present Virtually: Wally Wernimont, Shena Moon, and Travis
Schrobilgen
CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:00
p.m.
MINUTES: Motion by Zuccaro, seconded by Christ, to approve the minutes of the
October 6, 2021 meeting. Motion carried by the following vote: Aye — Christ, Kemp,
Loeffelholz, Norton, Russell, Zuccaro, and Mulligan; Nay — none.
PUBLIC HEARING/REZONING: Application of Dave Frommelt, American Realty to
rezone property located at Bies Drive, Parcels 1028206011 and 1028206012 from C-3c
General Commercial zoning district with conditions to PR Planned Residential zoning
district to allow for the development of a multi -family residential development.
Commissioner Norton recused himself.
Dave Frommelt, American Realty, spoke on behalf of the application. He stated that he
represents the owners, the Klauer Family. He referred to the conceptual development
plan and its two 28-unit apartment buildings. He expressed that this is a good location
for the development with nearby amenities and good street access.
No public input was given.
Staff Member Moon detailed the staff report. She noted characteristics of the property
and surrounding area, including zoning, easements, and adjacent land uses. She noted
that the proposed Planned Residential Planned Unit Development would replace the
Minutes — Zoning Advisory Commission Minutes
November 3, 2021
Page 2
existing C3-c General Commercial with conditions zoning designation and the rezoning
would be bound by the conceptual plan. She indicated the conceptual development
could be a good buffer between single-family residential uses to the north and
commercial and retail uses to the south.
Chair Mulligan asked how many parking spaces would be on -site, and Staff Member
Moon replied that it would be 88.
Commissioners Mulligan and Russell both expressed support, noting that the project
would provide a good transition between uses and that it represented good infill
development.
Motion by Russell, seconded by Loeffelholz, to approve rezoning Bies Drive, Parcels
1028206011 and 1028206012 to from C-3c General Commercial zoning district with
conditions to PR Planned Residential zoning district to allow for the development of a
multi -family residential development as submitted. Motion carried by the following vote:
Aye — Christ, Kemp, Loeffelholz, Russell, Zuccaro, and Mulligan; Nay — none; Abstain —
Norton.
Commissioner Norton returned to the meeting.
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 from R-1 Single -Family Residential zoning district to R-3 Moderate
Density Multi -Family Residential zoning district to accommodate an off -premise
residential garage.
Denise Foht, 723 Peru Road, spoke on behalf of her application. She gave an overview
of the various zoning changes she has applied for in pursuit of constructing a garage for
personal use.
Chair Mulligan recalled the previous case Ms. Foht brought to the Commission
attempting to rezone to CS Commercial Service for use as personal and commercial
mini -storage and asked Ms. Foht to summarize how the request has progressed. She
replied that the initial request was a misunderstanding between staff and her and that
what she really wanted was a personal garage to store her vehicles because her area to
build on her property at 723 Peru Road was limited by a well.
Commissioner Norton asked what approval the Zoning Board of Adjustment had
granted, and Ms. Foht replied that they approved a Conditional Use Permit for an off -
premise residential garage, which is contingent on the Commission approving this
rezoning. She also noted they reviewed a special exception request to construct an
1,800 sq. ft. garage but that was denied, and she could only build a 720 sq. ft. garage.
Minutes — Zoning Advisory Commission Minutes
November 3, 2021
Page 3
Kim Rennison, 807 Peru Road, suggested that the rezoning be to R-2A, which had
previously been suggested. She expressed concern at some of the additional uses in
the R-3 zoning.
Albert Weidenbacher, 3257 Sheridan Road, expressed concern about the R-3
designation.
Dan Ludwig, 801 Peru Road, expressed concern that, once zoned R-3, this property
could be used to develop apartments and townhouses, which he felt would be
inappropriate for the area.
Ms. Foht responded and described the vehicles and belongings she hopes to store in
the garage in order to make her property, and the subject property cleaner. She also
reiterated that the property is not currently hers and that she was seeking the rezoning
to build a garage before purchasing the property. If denied, she would not purchase the
property.
Staff Member Schrobilgen detailed the staff report. He noted that there had been some
confusion about the original nature of Ms. Foht's request. He noted that Ms. Foht was
initially requesting to rezone to CS Commercial Service to allow a mini -storage facility.
After discussion with staff, Ms. Foht's request is now to rezone to R-3, which allows a
Conditional Use Permit for an off -premises residential garage. He described why R-3
zoning was selected over R-2A. He read the conditions for an off -premise garage,
including the maximum size of 720 square feet, no outside storage, and that commercial
use of any kind is prohibited. He noted that the Zoning Board of Adjustment approved a
conditional use permit to allow a 720 sq ft off -premises garage. He noted at the same
meeting, the Zoning Board of Adjustment denied Ms. Foht's Special Exception request
to build a larger 1,800 square foot garage.
Chair Mulligan suggested that, rather than rezoning both parcels to R-3, the
Commission only rezone the smaller, southern parcel, as that is where the garage
would be constructed. Planning Services Manager Wernimont confirmed that the
Commission could rezone just one of the two lots on the docket. Commissioner Norton
suggested that the Commission separate the matter into two separate votes. Chair
Mulligan sought to confirm with the applicant if she was amenable to the proposal, and
Ms. Foht replied that she was.
Motion by Christ, seconded by Kemp, to approve rezoning Lot 1 of 1 of Evelyn Tharp
Place from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -
Family Residential zoning district to accommodate an off -premises residential garage as
submitted. Motion carried by the following vote: Aye — Christ, Kemp, Loeffelholz,
Norton, Russell, Zuccaro, and Mulligan; Nay — none.
Motion by Norton, seconded by Russell, to approve rezoning property located at the
corner of Peru Road, Louise Street, and Monroe Avenue, Lot 2 of Evelyn Tharp Place
from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family
Minutes — Zoning Advisory Commission Minutes
November 3, 2021
Page 4
Residential zoning district. Motion denied by the following vote: Aye — none; Nay —
Christ, Kemp, Loeffelholz, Norton, Russell, Zuccaro, and Mulligan.
PUBLIC HEARING/REZONING: Application of Jeff Adams to rezone property located
at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping
Center zoning district.
Robin Scalise, Unity Point Health Finley Hospital, spoke on behalf of the application.
She stated they are seeking to sell the property as it has been vacant for about 10 years
and the rezoning is part of the negotiated sale.
Chair Mulligan asked whether the vacant lots adjacent to the property were also owned
by Finley, and Ms. Scalise responded yes, and she stated the buyer thinks the existing
parking is adequate.
Commissioner Kemp asked if the potential buyer plans to keep the existing building,
and Ms. Scalise replied yes, that is the intent.
Charlie Hartig, Hartig Drug, spoke to express questions regarding the nature of the
potential business, parking adequacy, and traffic flow on Stewart Street. He noted that
the C-2 designation covers many possible commercial uses.
Staff Member Duba detailed the staff report. He noted the property's history and various
zoning designations over the decades, including previous designation as a commercial
property. He discussed the nature of the C-2 district.
Commissioner Norton noted that while parking may be an issue, the Commission's
charge is to determine if the zoning is appropriate. Commissioner Christ indicated that
she felt the rezoning fit well in this area as it was an expansion of the existing C-2
Neighborhood Commercial District. Commissioner Norton stated that the rezone was
sensible, as this property would no longer be part of the Finley campus.
Chair Mulligan acknowledged that it would be nice to know more about the proposed
use of the site, but the City's site plan review process will cover parking.
Motion by Christ, seconded by Russell, to approve rezoning 1597 Delhi Street from ID
Institutional zoning district to C-2 Neighborhood Shopping Center zoning as submitted.
Motion carried by the following vote: Aye — Christ, Kemp, Loeffelholz, Norton, Russell,
Zuccaro, and Mulligan; Nay — none.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: None.
ITEMS FROM STAFF: None.
Minutes — Zoning Advisory Commission Minutes
November 3, 2021
Page 5
ADJOURNMENT: Motion by Christ, seconded by Zucarro to adjourn the November 3,
2021 Commission meeting. Motion carried by the following vote: Aye — Christ, Kemp,
Loeffelholz, Norton, Russell, Zuccaro, and Mulligan; Nay — none.
The meeting adjourned at 6:50 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted