Minutes Zoning Bd Adj 8 28 03 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, August 28, 2003
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, iowa
PRESENT:
ABSENT:
Chairperson Mike Ruden; Board Members Bill Gasper, Jim Urell and
Randy Klauer; Staff Members Guy Hemenway, Kyle Kritz and Wally
Wernimont.
Board Members Bill Felderman.
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 4:05 p.m.
DOCKET 68-03: Application of Ralph & Richene Jasper for a special exception for
property located 2276 Trygg Drive to construct an attached carport 3 % feet from the front
property line (Theda Street), 20 feet required, in an R-1 Single-Family Residential zoning
district.
Ralph Jasper stated that he wants to attach a 16' by 25' carport to the south side of his
house. He stated that the carport would have a hip roof that would compliment the
architecture of the existing residence. He stated that the carport-will be 15'4~ from the
back side of the curb, and will be open on three sides.
Lance Miller, 2279 Trygg Drive, said that he and other neighbors in the vicinity are not
opposed to Mr. Jasper's project.
Staff Member Wernimont outlined the request, stating that the subject property is a comer
lot, and that the carport will not encroach on Trygg Drive, but on Theda Drive. He said that
the carport will not block visibility or affect adjacent residential properties.
Board Members discussed the request, and stated they feel it meets the requirements for
granting a special exception.
Motion by Gasper, seconded by Klauer, to approve the special exception as submitted.
Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and Ruden; Nay-
None.
DOCKET 69-03: Application of Nancy Noonan for a special exception for property located
at 1835 Bunker Hill Road to build an attached carport 1 foot from the north side property
line, 6 feet required, in an R-1 Single-Family Residential zoning district.
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Augur28,2003
Page 2
Nancy Noonan stated that a contractor she hired has already constructed the carport. She
said the carport is not compliant with the City's Building Code. She noted that the existing
carport will be removed and a new carport constructed in its place. She stated that the
carport will not be completely enclosed, but will have lattice on the lower half.
Staff Member Hemenway presented the staff report stating that the carport has been
constructed without the contractor securing a building permit. He presented photos of the
carport to the Board. He stated that the Building Inspector said that the structural integrity
of the carport is questionable. He noted that the proposed carport will be partially
enclosed~ He discussed the carport's proximity to adjacent reSidential properties and the
public right-of-way. He said he spoke to the neighbor to the north who is being
encroached on, and she had no concerns regarding Ms. Noonan's project.
Board Members discussed the request and felt it met the requirements for granting a
special exception.
Motion by Urell, seconded by Gasper, to approve the special exception as submitted.
Motion was approved by the following vote: Aye- Klauer, Uretl, Gasper and Ruden; Nay-
None.
DOCKET 70-03: Application of Daniel Boland for a special exception for property located
at 1265 Rush Street to build a front porch 8 feet from the front property line, 20 feet
required in an R-2 Two-Family Residential zoning district.
Daniel Boland presented his application and stated that he wishes to build an attached
front porch that would be covered.
Staff Member Hemenway presented the staff report, and distributed photos of the site to
the Board. He noted that the porch will be of an open design, and discussed the rendering
submitted by the applicant. He discussed the proximity of the porch relative to adjacent
residences. He stated that there is adequate sight visibility to the street from adjacent
ddveways.
Board Members discussed the request and felt that the porch design is acceptable with the
condition that it not be enclosed.
Motion by Gasper, seconded by Klauer, to approve the special exception request with the
condition that the porch not be enclosed. Motion was approved by the following vote:
Aye- Klauer, Urell, Gasper and Ruden; Nay - None.
DOCKET 71-03: Application of Robert Bisping for a special exception for property located
at 2731 Carter Road to build a house 7 feet from the front property line, 20 feet required, in
an R-1 Single-Family Residential zoning district.
Minutes - Zoning Boar of Adjustment
August28,2003
Page 3
Robert Bisping stated that he is a contractor and this is his first residential project. He
stated that he misunderstood the setback requirements for the home and inadvertently
built it closer to the property line than is permitted.
Carol Pfelps, 3047 Kane Street, asked where cars would be parked for the new structure:
Leroy Dietrich, 3054 Kane Street, spoke in favor of the project, stating that he feels there is
no public safety issue with the house.
Staff Member Wernimont outlined the request, stating that the closest point of the house
would be 20 feet from the edge of the pavement, and that the garage doors would be 24
feet from the back of the curb. He stated that the house would not block vehicular or
' pedestrian traffic, and would be built further away from the back yards of houses on Kane
Court.
The Board discussed the lot layout, and stated that they feel that moving the house toward
the street would not impact public safety and be beneficial to the properties on Kane Court
facing the rear yard.
Motion by Gasper, seconded by Urell, to approve the special exception request as
submitted. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and
Ruden; Nay - None.
DOCKET 72-03: Application of Jeanne Helling for a special exception for property located
at 269 York to build a 15 foot by 49 foot two-story garage addition 2 feet from the side
property line, 6 feet required, in an R-1 Single-Family Residential zoning district.
Jeanne Helling and Jerry Hanson outlined their request and stated that their construction
will consist of a garage, a deck and an addition. He said that the addition will be flush with
the existing home. He stated that the deck will be located on the back side of the addition.
Staff Member Wemimont discussed the request, including the garage, deck and enclosed
addition configuration and dimensions. He stated that the addition will be built on the east
side of the house, however, it will face the rear of the adjacent properties. He said that the
addition should have very little impact on public safety and the visibility from adjacent
residences.
Board Members discussed the request and felt it meets the requirements for granting a
special exception.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and Ruden; Nay-
None.
Minutes- Zoning Boa~ of Adjustment
August28,2003
Page 4
DOCKET 73-03: Application of Donald Burrows for a special exception for property
located at 990 W. 5th Street to add on to a garage 1 foot from the east side property
line, 6 feet required, and 7 feet from the front property line (W. 5th Street), 20 feet
required, in an R-2 Two-Family Residential zoning district.
Donald Burrows, 990 W. 5th Street, presented his application to the Board. He noted that
the existing concrete is old and deteriorated, and he plans to remove the garage and
replace it with a new garage, which will be larger.
Staff presented photos of the site to the Board. Mr. Burrows discussed installing a peak
roof on the new garage versus the fiat roof of the existing structure. He noted that the
height of the garage roof was necessary to prevent children from climbing onto the garage.
Mr. Burrows stated that his neighbor to the east encouraged him to build a pitched roof.
Robert Steines stated that he is the adjacent property owner. He asked the Board to
insure that all parts of the structure, including the overhang and gutter, remain one-foot
from his property line. He also asked that the storm water be directed away from his
property. Mr. Burrows stated that he had no problem with the gutter being one-foot from
the property line but he asked that the Board insure that drain tile and porous gravel be
installed to convey storm water to the street.
Staff Member Hemenway presented the staff report, noting the location of the garage
relative to adjacent properties, the deteriorated condition of the present garage, and the
visibility issue created by a peaked roof.
Board Members discussed the request and felt that it is necessary to condition the
approval on storm water conveyance.
Motion by Urell, seconded by Gasper, to approve the request with the condition that
permeable fill and drain tile be installed to convey storm water to the street. Motion was
approved by the following vote: Aye- Klauer, Urell, Gasper and Ruden; Nay - None.
DOCKET 74-03: Application of Paul Herrig for a special exception for property located at
1236 Washington Street to build a 20 foot by 25 foot detached garage 1 foot from the front
property line, 20 feet required, in an HI Heavy Industrial zoning district.
Paul Herdg stated that he owns the house at 1236 Washington Street and wishes to build
a garage for storage. He stated that the garage wilt be one-foot from the front property
line. He said that he spoke with the neighbors and that they have no concerns regarding
his project. He said he is willing to negotiate the setbacks for his garage. He stated that
the garage will be sided to match the residence.
Staff Member Wernimont discussed the property history, the legal non-conforming status
of the structure and zoning in the area. He said that many buildings in the area are built
Minutes - Zoning Board of Adjustment
Augu~ 28,2003
Page 5
closetothe property line. He saidthatthegaragewillprovide additionaloff-streetpa~ing
fortheresidence.
Board Members discussed the request and felt that it met the requirements for granting a
special exception.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion was approved by the following vote: Aye- Klauer, Urell, Gasper and Ruden; Nay-
None.
DOCKET 75-03: Application of Randy Klauer/Point Restaurant for a variance for property
located at 2370 Rhomberg Avenue to allow a canopy 0 feet from the front property line
(Rhomberg Avenue), 10 feet required, in a C-2 Neighborhood Shopping Center zoning
district.
Board Member Klauer stepped down from the table.
Randy Klauer stated that he has been given permission by the Engineering Division to
place a portion of his canopy on the public right-of-way. H~ stated that he is asking the
Board's approval to construct the portion of the entrance canopy between the tot line and
the front of the building. He stated that he has received site plan review and approval for
the remainder of the project.
Staff Member Wernimont reviewed the request noting the open canopy design and he
verified that the City Engineering Department had reviewed and approved the request to
encroach into the public right-of-way.
Board Members reviewed the criteria for a variance, and felt that the project met said
criteria.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion was approved by the following vote: Aye- Urell, Gasper and Ruden; Nay - None;
Abstain - Klauer.
DOCKET 76-03: Application of Joel Callahan for a conditional use permit for property
located east of Seippel Road (Westbrook Subdivision) to allow construction within a
designated flood plain.
Joel Callahan 12851 Noble Ridge, stated that it is his intention to use the flood plain area
as open space, detention area, and park; not to build structures. He said he has received
the DepaH.[~ent of Natural Resources and the Corps of Engineers approval for
development of this area. He stated that the City has already altered the streambed in this
area, and that the detention area will be dedicated to the City upon completion. He stated
that he has worked closely with City Engineering regarding development of the detention
area.
Minutes - Zoning Board of Adjustment
August 28, 2003
Page 6
Maudne Harris, 13503 Seippel Road, said that she is concerned with a fiber optic
easement through the property, and flooding in the neighborhood. She said she has
concerns regarding the adequacy of the detention basin.
Staff Member Kdtz stated that Mr. Callahan's request is to use the flood plain area for a
detention basin, utilities, access driveway and culvert for Lot 6. He discussed the
differences between a floodway and a flood plain.
The Board discussed the drainage way and the differences between flood zones. Staff
Member Kritz stated that the detention basin is located in a Iow area within the wetland.
He said that the entire development will have four detention basins.
Mrs. Harris asked if a permit could be issued prior to an engineering study of the area.
She distributed photos that showed flooding on her property and in the area caused by a
restriction in the culvert, which traverses Seippel Road.
Mr. Callahan stated that water from one of the Catfish Creek tributaries is pooling on the
west side of Seippel Road. Staff Member Kdtz said that the DNR has reviewed the
proposed wetland development and has not expressed any concerns.
Board Members discussed the request and felt that it meets the criteria for granting a
conditional use permit.
Motion by Gasper, seconded by Klauer, to approve the conditional use permit as
submitted. Motion carried was approved by the following vote: Aye- Klauer, Urell, Gasper
and Ruden; Nay - None.
DOCKET 77-03: Application of Ronald Helbing/Design Center Inc. for a variance for
property located at 200 Main Street (east side of the Julien Inn) to install an eighth sign of
281 square feet on the Julien Hotel, 4 signs of 100 square foot each maximum permitted,
in a C-4 Downtown Commercial zoning district.
Ron Helbing, representing the Julien Inn/Fischer Companies, presented the application.
He noted that the scale of the building is relatively large in relationship to the sign. He
stated that the Julien Inn wants to advertise across the road to the Port of Dubuque. He
said that currently there are seven signs on the building but that the Julien Inn would be
willing to remove two signs on the canopy on the west side of the building to become more
conforming. He distributed a letter of support for the project from Jerry Enzler representing
the Mississippi River Museum. He distributed photos of the site showing the visibility of
the portion of the building where the sign would be placed from various points in the Port
of Dubuque.
Board Members discussed the sight visibility from multiple locations. Mr. Helbing noted
that the sign will be made of vinyl and not lighted. He stated that the sign had been
reviewed and approved by the Historic Preservation Commission contingent upon Zoning
Minutes - Zoning Board of Adjustment
August 28, 2003
Page 7
Board of Adjustment approval. Board Members discussed the location of the existing non-
conforming signage. Mr. Helbing noted that the Julien Inn is willing to remove two signs,
one from the north side and one from the south side of the canopy above the main
entrance.
Staff Member Hemenway presented the staff report. He noted the number of existing signs
located on the property. He discussed sign standards for the C-4 Downtown Commercial
District. He distributed photos to the Board and noted that the sign will not be visible from a
large portion of the Port of Dubuque east of the museum facility. He noted that the large
roof-mounted sign is visible from north and south bound traffic along the freeway and
westbound traffic on the 3"~ Street overpass.
Board Members reviewed the criteria for granting a variance. Mr. Klauer stated that he
had no objection to the sign variance. Board Members Urell and Gasper stated that the
applicant did not demonstrate a disadvantage or hardship; and therefore, did not meet the
first requirement for granting a variance. Board Members felt that the existing signage is
adequate to advertise the business name and location.
Motion by Gasper, seconded by Urell, to approve the variance request as submitted.
Motion was denied by the following vote: Aye- Klauer; Nay - Urell, Gasper and Ruden.
DOCKET 78-03: Application of Lorenzo Dominguez/Happy Chef of Minnesota Inc. for
a variance for property located at 2700 Dodge Street to build an addition 0 feet from
the front property line (Dodge Street), 20 feet required, in a C-3 General Commercial
zoning district.
Tom Herbst, 2161 Concord Court, and Lorenzo Dominguez presented the application.
Board Members discussed the location of the addition. Staff presented photos of the site
to the Board. Mr. Herbst noted that the two adjacent property owners from the east and
west have no problem with the proposed addition. He stated that the Iowa Department of
Transportation marked the property line along the Highway 20 frontage.
Board Members reviewed a letter submitted by Larry Fisher of the Super 8 Motel
expressing concerns with the proposed addition regarding the view to the front of the
Super 8 Motel and parking. Mr. Herbst noted that the Super 8 Motel sign will still be above
the roofline of the building addition. He noted that the restaurant will not be utilizing any
parking spaces in the Super 8 Motel's lot. He noted that the present seating capacity of
the restaurant is 110 and will likely expand to 160 after the addition. Mr. Herbst noted that
the addition is adjacent to the current dining area.
Janice Woodward, representing the Super 8 Motel, stated that the applicants had not
notified her of their intentions. She spoke in opposition to the request, stating that there is
no turn lane for westbound traffic on Highway 20/Dodge Street. She stated that the view to
the sign and the front of the building for westbound traffic will be somewhat obscured and
Minutes - Zoning Board of Adjustment
August 28, 2003
Page 8
that the reader board will not be visible. She stated she has concerns with patrons of the
restaurant parking in the Super 8 Motel's parking lot.
Board Members discussed the location of both buildings and sight visibility concerns from
westbound traffic on Dodge Street. Ms. Woodward discussed the location of common
property lines. Mr. Herbst stated that parking is not a problem for either establishment and
indicated that the proposed addition should have very limited impact on the view to the
motel or their sign.
Staff Member Hemenway presented the staff report, noting the size and setbacks of the
proposed front yard addition. He indicated that, although the Super 8 sign will still be
visible, the front of the Super 8 Motel's facility will be somewhat blocked. He noted that the
number of existing parking spaces for the restaurant is more than adequate to satisfy the
parking requirements for the expanded restaurant. He recommended that, if approved, the
Board require a survey to establish the side and front property lines.
Board Members discussed the project and reviewed the criteria for granting a variance.
The Board indicated that they feel that the addition does not meet the hardship
requirement because the building was originally constructed at that location, and any
subsequent addition could be placed at the rear of the structure.
Motion by Gasper, seconded by Urell, to approve the variance request as submitted,
Motion was denied by the lack of three concurring votes: Aye- Klauer and Urell; Nay -
Gasper and Ruden.
DOCKET 79-03: Application of John Herrig/Law Building Co. fora conditional use permit
for property located at 3330 Kimbedy Street to allow a parking lot in an R-1 Single-Family
Residential zoning district.
Brian Kane stated that he represents the owners of the Law Building. He stated that John
Herrig had recently met with a number of property owners in the neighborhood regarding
the request for Honkamp Krueger to expand their parking lot. He noted that a number of
the property owners have raised concerns regarding access, storm water, property values,
traffic, lighting and landscaping. Mr. Kane asked that the Board table the request until the
next regular meeting to afford him the opportunity to hold a neighborhood meeting and
resolve some of the concerns expressed by neighbors.
Board Members discussed the request and decided not to open the meeting to a public
hearing. Board Members felt that tabling this request would enable the applicants to meet
with neighbors and address their concerns.
Motion by Urell, seconded by Gasper, to table the request to a special meeting set for the
first week in October. Motion was approved by the following vote: Aye- Klauer, Urell,
Gasper and Ruden; Nay - None.
Minutes-Zoning Boa~ofAdjustment
Augu~ 28,2003
Page 9
MINUTES & NOTICES OF DECISION: The minutes of the July 24, 2003 meeting and
Notices of Decision for Dockets 53-03, 54-03, 55-03, 56-03, 57-03, 58-03, 59-03, 60-03,
61-03, 62-03, 63-03, 64-03, 65-03 and 67-03 were approved as submitted.
Motion by Gasper, seconded by Urell, to approve the minutes and Notices of Decision as
submitted. Motion carried was approved by the following vote: Aye- Klauer, Urell and
Gasper Abstain - Ruden.
ADJOURNMENT: The meeting adjourned at 6:00 p.m.
Kyle L. Kdtz, Associate Planner Adopted