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Minutes Zoning Bd Adj 7 24 03 MINUTES ZONING BOARD OF ADJUSTMENT R~,C ~!Y~-~ REGULAR SESSION Thursday, July 24. 2003 ~3 ~,~Jg I ?_ ~i ]: [~5 4:00 p.m. Auditorium, Carnegie Stout Library Cib,/C ,:~:~: ~: ©!i?.;e 360 W. 11th Street, Dubuque, Iowa PRESENT: Vice Chairperson Bill Gasper; Board Members Randy Klauer, Jim Urell and Bill Felderman; Staff Members Guy Hemenway, Wally Wernimont and Kyle Kritz. ABSENT: Chairperson Mike Ruden. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to at 4:04 p.m DOCKET 53-03: Application of Shirley & Ronald Wagner for a special exception for property located at 2711 Brunskill Road (10.27.452.012) to build a 48 foot by 50 foot detached garage 18 feet 6 inches in height, 15 feet allowed, and 2,400 square feet, for a total of 3300 square feet of accessory structures, 1,000 square feet maximum permitted, in an R-1 Single-Family Residential zoning district. Shirley Wagner discussed her proposal with the board. She stated that she would like to place a 48 by 50 foot garage on her lot at 2711 Brunskill Road. She stated that the garage will be 18 feet 6 inches high to permit storage of a motor home. Staff distributed photos of the site. Board Members discussed the location of the garage, adjacent screening, number of accessory structures on the lot, and the garage's proximity to adjacent residential properties. Staff Member Hemenway presented the staff report. He noted the garage size, material, and its location on the lot. He discussed the total square footage of all the accessory structures on the subject property. He stated that a relative of Wagner's owns the vacant lot to the north. He stated that the garage is needed to store a motor home and antique vehicles as indicated in the letter submitted by the applicant. The Board Members discussed the request and felt that it met the requirements for granting a special exception. Motion by Klauer, second by Felderman, to approve the special exception request with condition that the driveway to the garage be paved and that the garage not be used for commercial proposes. The motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - none. Minutes - Zoning Board of Adjustment July 24, 2003 Page 2 DOCKET 54-03: Application of Ronald & Silvana Wagner for a special exception for property located at 2719 Brunskill Road (10.27.452.011 ) to build a house 110 feet from the front property line, 50 feet maximum allowed, in an R-1 Single-Family Residential zoning district. Ron Wagner outlined his request for the board. He noted the location of house and the size of the lot. Board Members discussed building setbacks and adjacent properties. Staff Member Hemenway presented the staff report noting the requested setbacks, the configuration of the lot, and right-of-way easements. Board Members discussed the request and felt that it had very limited impact on the adjacent residential properties. Motion by Felderman, second by Klauer, to approve the special exception as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - none. DOCKET 55-03: Application of Ted & Diane Jones for a special exception for property located at 2404 Broadway Street (10.13.377.025) to build a 12 foot by 14 foot storage building 6 inches from the north side property line, 4 feet from the east side property line, 6 feet required for both setbacks, in an R-2 Two-Family Residential zoning district. Ken Buesing, Buesing and Associates, stated that the Jones were out-of-town and that he will speak regarding their request. He stated that the Jones were originally granted a special exception for a garage but subquentiy built a storage shed. He stated that after a survey was completed it was determined that the existing storage building is 6 feet from the east side property line and 3 feet from the north side property line. He stated that the Jones also consolidated their two lots so the accessory structure would not be on a separate lot. Mel Culpepper, 165 East 24t~ Street, stated that he owns the property to east and he discussed a letter he submitted to the Board regarding a retaining wall. He stated that the wall is collapsing onto his fence. He stated he wants to resolve ownership of the wall prior to giving his approval to the storage building. He stated that the base of the wall is on City property. Mr. Buesing said that Mr. Jones has had discussions with Mr. Culpepper regarding repair of the retaining walt. He stated that Mr. Jones will not be constructing an additional building. He discussed City policy regarding maintenance and upkeep of retaining walls. He stated that the wall was original built to maintain a walking path between the subject property and Mr. Culpepper's property. Minutes - Zoning Board of Adjustment July 24, 2003 Page 3 Staff Member Wemimont outlined the staff report stating that after a survey was undertaken it was determined that the existing storage shed is 3 feet 6 inches from the north side property line and it meets the required 6-foot side yard setback for the east side property line. He stated that the original special exceotion was for a garage but that subsequently the storage shed was built and it did not meet the terms that were set forth in the original special exception. He stated that the Jones have provided a consolidation plat for the property that demonstrates they meet the required setback on the east side property line. He stated that the storage building is also 3 feet 6 inches from the north side property instead of the 6 inches initially requested. He stated that the City of Dubuque Engineering Department is aware of the retaining wall issue and they have stated that is a civil matter to be resolved between property owners. Board Members discussed the shed location. They ag reed that the shed did not affect the retaining wall and that the retaining wall issue was a civil matter. Motion by Klauer; second by Urell, to approve the special exception with the condition that the shed be setback 3 feet from the north side property line and 6 feet from the east side property line. Motion was approved with the following vote: Aye - Klauer, Urell, Gasper; Nay - Felderman. DOCKET 56-03: Application of Kevin Dornbush for a special exception for property located at 1971 Lincoln Avenue (11.18.130.003) to build a 24 foot by 24 foot detached garage 3 feet from the front property line (Prescott Street), 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. Kevin Dombush presented his application. He noted the setbacks of the neighbor's garage and discussed the location of the garage on his lot. He said that he would like to keep the garage closer to Prescott Street so that he could save an existing maple tree on his lot. He noted that his lot has a double frontage and that his house is oriented towards Lincoln Street. Staff distributed photos cf the site. The Board discussed the location of the garage. Board Members discussed site characteristics including the location of the sidewalks in the area. Kenneth Kunkel, 1970 Lincoln Avenue, stated that he lives across the street from Mr. Dornbush and that he has no objections to the request. Staff Member Hemenway presented the staff report noting the setback requirements. location of sidewalks and characteristics of garages along Lincoln Avenue. He noted'that the houses on Mr. Dombush's side of street are oriented toward Lincoln with their backyards and garages oriented toward Prescott Street. Board Members discuss the request stating that it met the requirements for granting a special exception because the garage is oriented toward Prescott Street similar to the adjacent garages and that there is no sidewalk at this location. Minutes - Zoning Board of Adjustment July 24, 2003 Page 4 Motion by Kiauer; second by Felderman, to approve the special exception request as submitted. Motion was approve by the following vote: Aye - Klauer, Urell, Felderman, and Gasper; Nay- None. DOCKET $7-03: Application of Christine & Timothy Olson for a special exception for propertyiocated at 1090 Grove Terrace (10.24.457.001) to install a fence 42 inches in height, 24 inch maximum allowed in the visibility triangle, in an R-3 Moderate Density, Multi-Family Residential zoning district. Christine Olson spoke regarding her request. She noted that the property is located in the West 1tth Street Historic District. She discussed the fence location and street configuration for her property. She said the fence is necessary to help contain her child and dog. She stated that the West 11th Street steps are located just north of her property on an inordinately wide public right-of-way. She stated that the fence will be of open slot design. She discussed the height variation of the fence from 42 inches maximum to 36 inches where it joins an existing wrought iron fence at the corner. Staff Member Hemenway presented the staff report. He noted the location of the visibility triangle and discussed the fence style. He said that because of an unusually wide right-of- way, the steep grade, and the open fence style he felt that vehicular and pedestrian traffic would have adequate visibility at the corner. Board Members discussed the request and stated that they felt the fence would allow traffic adequate visible at the corner. Motion by Urell, second by Klauer, to approve the special exception request with the condition that the fence by of an open slotted design as per submitted desig n. Motion was approved by the following vote: Aye - Kiauer, Urell, Felderman, and Gasper; Nay - none. DOCKET 58-03: Application of James & Patti Beyer for a special exception for property located at 3490 Dove Street (10.16.482.002) to build a two-story garage and addition, 3 feet from the east side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. James Beyer, stated that he wants to build a garage next to his house. He stated that his pick-up truck only clears his existing garage by a couple of inches. Staff Member Wemimont said that the garage addition will be two stories and will be built 3 feet from the side property line, but no closer to the front property line than the existing house. He stated that he received very little input from the neighbors. Board Members discussed the request and felt that it met the requirements for granting a special exception. Minutes- Zoning Board of Adjustment July 24, 2003 Page 5 Motion by Felderman; second by Klauer, to approve the special exception request as submitted The motion was approved by the following vote: Aye - Klauer, Urell, Felderman, and Gasper; Nay - None. DOCKET 59-93: Application of Kathryn Lawrence for a special exception for property located at 723 Hennepin Street (10.13.405.005) to build a carport 2 feet from the front property line, 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. Kathryn Lawrence said that her lot does not afford her reom to build a garage but that she wants to build a 12 by 16 carport structure over an existing driveway slab. She stated the structure will be 4 feet from the sidewalk. Staff Member Wernimont outlined the staff report. He said that the carport structure will be installed over an existing concrete pad. He said that Hennep,n Street at this location has a steep grade. He said that the carport specifications as submitted show an open design, but that the applicant expressed the desire to enclose the carport at a future date.' Board Members discussed enclosing the carport. They stated that they were concerned with visibility with an enclosed structure. Staff Member Wemimont stated that there is little traffic at this location. The applicant submitted design showing a 3-foot knee wall of lattice with the rest of the carport being open. Board Members felt this design is appropriate and will not affect public safety or adjacent properties. Motion by Klauer, second by Urell, to approve the special exception request with the condition the carport design remain open. The motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - none. DOCKET 60-03: Application of Chris & Jenni Kennedy for a special exception for property located at 2345 Roosevelt Road (11.07.352.011) to build a front porch I foot from the front property line, 20 feet required, and 2 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Chris Kennedy, 2345 Roosevelt, noted that the deck will be 8 feet by 35 feet expanding the length of their home. He stated that it will have very limited affect on the adjacent properties. He stated that the house to his east is set back approximately 100 feet from the front property line. In response to a question from the Board, the applicant said that the deck would have railing. The applicant said that the deck would be approximately 4 feet from the sidewalk. Minutes - Zoning Board of Adjustment July 24, 2003 Page 6 Staff Member Hemenway presented the staff report noting the dimensions and location of the deck, the adjacent properties proximity to the deck, and the deck's potential effect on public safety. He stated the deck would not block the view of vehicular or pedestrian traffic and that it will have very limited impact on the adjacent properties because it will be well removed. Board Members discussed the request noting concerns with the design of the deck and the desire that the railing style remain open. Motion by Klauer. second by Urell, to approve the special exception request with condition that the deck railing be of an open design. Motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - none. DOCKET 61-03: Application of Bruce Freiburger fora special exception for property located at 622 E. 22~ Street (10.13.464.001 ) to build a 16 foot by 26 foot detached garage 0 feet from the front property line (Windsor Avenue), 10 feet required, 6 feet from the front property line (22nd Street), 10 feet required, and 15 feet from the front property line (Providence Street), 20 feet required, and to cover 73% of the lot, 50% maximum permitted, in an R-2A Alternate Two-Family Residential zoning district. Bruce Freiburger said that he needs a variance to build a garage between his house and Windsor Avenue. He said that the lot is too tight without much room to place a garage. He said that the structure will be built up near the main part of the house with a 12/8 pitch on the roof to match the residence. Board Member Klauer asked if the garage will be built in the visibility triangle. Staff Member Wemimont stated that it will be built up to the lot line. Don Preston stated that he is Rosetla Sprengelmeyer's son-in-law and that she lives at 215 Windsor Avenue. He said that she opposes the garage because of the traffic visibility problem at the intersection. He stated that there is much vehicular and pedestrian traffic at this location. He stated that the addition of another structure on this lot will make it appear congested. He also expressed concerns with the timeliness of the neighbors project stating that he has not completed an on-going addition for the residence. Mr. Freiburger stated that he has not had the money to complete the project and that he had a construction accident, which slowed the process. He stated that he has checked the visibility and he felt that the garage would not limit visibility around the corner. Staff Member Wernimont outlined the staff report. He discussed setbacks, the garage location adjacent to the house and the lot coverage. He stated that Mr. Freiburger's lot is unique in that it has three frontages. He stated that many houses in the neighborhood are built up to the lot lines. He said that the intersection is signalized and that it wilt be possible to build the garage outside of the visibility triangle. He stated that the Building Department recommended 3 feet of separation between the accessory structure and the Minutes - Zoning Board of Adjustment July 24, 2003 Page 7 residence. He recommended that, if approved, a tot line survey be required because of the 0 foot setback request. Board Members Klauer and Felderman both expressed concerns with visibility for pedestrian and vehicular traffic at the corner stating that this is a congested area with heavy traffic. They said they feel that a garage at this location would compromise public safety. Motion Klauer, second by Urell, to approve the special exception request as submitted. The motion was denied by the following vote: Aye - none: Nay - Klauer, Urell, Felderman and Gasper. DOCKET 62-03: Application of Mary Loney Bichell & Ken Bichell for a conditional use permit for property located at 373 Bluff Street to allow a coffee shop/cafb/bar in an OC Office Commercial zoning district. Ken Bichell, 1106 Grove Terrace, said that he manages the Mississippi Mud Studio and is applying for a license to serve beer and wine associated with Choices coffee shop. Staff Member Wernimont stated that a parking variance had been granted for this property and that it is still valid. He said that although the business will be reconfigured, it will not require any additional parking spaces because they are not adding to the total amount of tables and chairs or employees. Board Members questioned the original parking variance and also asked if they are being asked to approve liquor sales. Staff stated that a separate liquor license is required at this location and Board Members are merely approving a conditional use permit to serve beer and wine in a cafb at this location. Board Members discussed the request and felt that it meets the criteria for granting a conditional use permit. Motion by Felderman, second by Klauer, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper; Nay- Felderman. DOCKET 63-03: Application of Michelle MihalakislGeorgia Wagner, Caf6 Manna Java for a variance for property located at 261 Main Street to add a restaurant addition to the existing coffee shop with a deficit of 12 off-street parking spaces in a C-4 Downtown Commercial zoning district. Michelle Mihalakis said that she wants to expand her coffee shop and add a cafe. She stated that her service area will not be changed. She said that the kitchen will consume approximately 300 feet square feet of area behind the existing McCoy Goldsmith shop. Staff Member Wernimont stated that the expansion will include construction of cooler enclosures, which will consume some additional parking spaces at the rear of the property. Minutes - Zoning Board of Adjustment July 24, 2003 Page 8 He said that the request will also add employees and permanent seats, which will generate an additional demanded for 12 off-street parking spaces. He outlined the parking status of the neighborhood discussing the location of the existing surface parking, parking ramps and on street metered parking. He indicated that 261 Main is in the Old Main Historic District, and the Historic Preservation District has reviewed and approved the design of the coolers. Board Members stated that they feel the request meets the criteria for granting a vadance and that there does not appear to be an issue with demand on parking in this neighborhood. Motion by Felderman, second by Klauer, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - none. DOCKET 64-03: Application of James & Alice Manning for a conditional use permit for property located at 3416 Pennsylvania Avenue/3423 Glen Cove (10.28.227.008) to altowa 5 space off-street parking lot in an R-1 Single-Family Residential zoning district and a C-3 General Commercial zoning district. Jim Gross, 2345 Clarke Crest Drive, presented the application. He submitted photos of the site, stating that he manages the commercial center and that they want to shift parking to the east to ease the congestion at the driveway access along Pennsylvania. Staff Member Hemenway presented photos to the Board. Mr. Gross noted that he has purchased an easement from the adjacent residential property to allow 5 spaces in his parking lot to be shifted to the west. Staff member Hemenway presented the staff report. He noted the property line location and the location of the existing parking. He noted the existing vegetative and privacy fence screen and said that there is a significant grade change between the residential property and the commercial parking lot. He noted that the existing parking spaces along Pennsylvania Avenue inhibit driveway access and create a public safety problem. Board Members discussed the request and felt that it would have a limited impact on adjacent residential properties and would meet the conditions for granting a condition use permit. Motion by Klauer, second by Urell, to approve the request with the condition that an adequate retaining wall or terrace be installed to stabilizes the embankment of the west side of the property. Motion was approved by the following vote: Aye - Klauer, Umll, Fetderman and Gasper; Nay - none. Minutes- Zoning Board of Adjustment July 24, 2003 Page 9 DOCKET 66-03: Application of Oak Park Place of Dubuque LLC/Robert Hartig for a vadance for property located at Aggie Street EXtension (10.28.176.002) to allow a 37 foot high building for semors, 30 foot maximum allowed, in an R-3 Multi-Family Residential zoning district. Bob Hartig stated that he is the property manager for Medical Associates. He noted the history of the property and the proposed development. He noted the location and the height of the building and discussed access to the property. He stated that there Is a significant grade change from Medical Associates campus to the Assisted Care facility. He discussed the modified access to the property. Darlene Miller, 3760 Welu, said she is a neighbor of the project and has concerns with stormwater runoff. Board Members stated that runoff and storm water detention issues will be addressed at the site plan review by the City Planning and Engineering Departments. Staff Member Kdtz presented the staff report. He reiterated that City Departments wilt examine storm water runoff and detention at the site plan review. He noted the property history discussing the former conditional use permit granted for development of this property. He stated that existing residential requirements limit the building height to 30 feet and that the applicant's request is 37 feet. He discussed how building height is calculated and the topography of the site. Board Members discussed the request, stating that they feel the additional building height will have little impact on adjacent residential and commercial properties. Board Members stated that they feel the request meets the conditions for granting a variance. Motion by Urell, second by, Felderman to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer. Urell, Felderman and Gasper: Nay - none. DOCKET 66-03: Request withdrawn by applicant. DOCKET 67-03: Application of Rick PetersonFFhe Finley Hospital (10.26.234.004) for a conditional use permit for property located at the southeast corner of Delhi & W. 5~ Streets along College Street to construct a new parking lot and expand an existing parking lot in an R-2 Two-Family Residential zoning district. Dave Schaller stated that Mr. Peterson was on vacation and that he would present the application. He noted the parking lot location and stated that because Finley is growing it needs to expand its lots to allow close and convenient parking for patients and employees. Board Members discussed the conditional use permit noting the proximity of the adjacent residential properties. They discussed the Finley Hospital expansion. Board Members Minutes - Zoning Board of Adjustment July 24, 2003 Page 10 said they feel that the application meets the requirements for granting a conditional use permit. Motion by Urell, second by Klauer, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Felderman and Gasper; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the June 26, 2003 meeting and Notices of Decision for Dockets 46-03, 47-03, 48-03, 50-03, 51-03, and 52-03 were approved as submitted. ITEMS FROM PUBLIC: Board Members discussed a letter from Mr. Bob Hartig asking for a six-month extension of the conditional use permit for the Assisted Living Facility at Welu Drive. Board Members voted unanimously to approve the six-month extension. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Kyle L. Kritz, ASsociate Planner Adopted