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Minutes Zoning Bd Adj 9 25 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, September 25, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Vice Chairperson Bill Gasper; Board Members Randy Klauer and Bill Felderman; Staff Members Guy Hemenway and Wally Wernimont. Board Members Jim Urell and 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 order at 4:00 p.m. DOCKET 80-03: Application of Richard Bockes for a special exception for property located at 831 W. 11th Street to build a 33 foot by 41 foot attached garage 2 feet from the west side property line and 0 feet from the east side property line, 6 feet required for both setbacks, and to cover 66% of the lot with structure, 40% maximum permitted, in an R-2 Two-Family Residential zoning district. Richard Bockes spoke in favor of his request, stating that he owns a four-plex and wants to cover an existing paved concrete pad with a carport. He said he wants to also add a single car garage 0 feet from the east property line. He stated that the existing garage would be removed to accommodate the new garage and frost wall. Board Members discussed the request with the applicant, examining renderings of the proposed carport and the site plan. Staff Member Wernimont outlined the request noting that the garage would be 33 feet by 41 feet in size and would cover 66% of the lot. He said that the carport and garage will be built up to the east side property line. He stated that the rendering submitted by the applicant was modified from the original request. He said that a neighbor contacted him with concerns regarding storm water Eom the overhang · along the east property line. He recommended that a survey be required for the O-foot setback and that the Board address the storm water runoff issue. Board Members examined photos of the site. Board Member Klauer asked about the location of the garage relative to the visibility triangle. Staff Member Wernimont replied that the comer of the garage would slightly encroach on the visibility triangle, but will be located on a dead-end alley with only two additional properties and little traffic. Board Members discussed the request and concerns regarding storm water runoff. Motion by Klauer, seconded by Felderman, to approve the special exception request, with the conditions that: (1) storm water runoff not be conveyed onto the adjacent residential property; and (2) that the east property line be cleady established by a registered land Minutes - Zoning Board of Adjustment September 25, 2003 Page 2 surveyor prior to construction. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 81-03: Application of Chuck-Herrig for a special exception for property located at 1560 Miller Road to build a detached garage 4 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Chuck Herrig stated that he wants to build a garage four feet from the front property line along Miller Road. He stated he is asking to place the garage in this location because he does not want to excavate into the steep hillside behind the proposed garage. Staff Member Wernimont outlined the staff report, noting that the site is steeply sloped. He said that Mr. Herrig has a single lot that is bisected by a roadway easement. He stated that the garage at this location would not pose a visibility problem. Board Members discussed the request and felt it met the requirements for granting a special exception. Motion by Klauer, seconded by Felderman, to approve the request as submitted. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 82-03: Application of Studtmann Homes LLC/Marleen Lurid for a special exception for property located at 280/290 Cardiff Street to add a front porch 14 feet from the front property line (Cardiff Street), 20 feet required, in an R-3 Moderate Density Multi- Family Residential zoning district. Deb Studtmann said that her client is Ms. Marleen Lund. She stated that she wants to put a front porch on the house, which is located on a corner lot. She said that the building is a duplex. She said the porch will be covered and, therefore, requires a special exception. She stated that the porch will not encroach any closer to the property line than the porch on the adjacent residence. Board Members examined the aerial photo of the site. Staff Member Wernimont said that the applicant wants to place a manufactured duplex on a comer lot. He said that only the porch will encroach and that there are no visibility issues regarding this request. Board Members discussed the setbacks of other residences in the area and said they feet that the proposed special exception request is appropriate. Motion by Klauer, seconded by Felderman, to approve the request as submitted. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 83-03: Application of John Chesterman for a special exception for property located at 1665 Atlantic Street to build a 24 foot by 36 foot detached garage 6 feet from the front property line (Delaware Street), 20 feet required, and 4 feet from the alley, 6 feet required, in an R-1 Single-Family Residential zoning district. Minutes - Zoning Board of Adjustment September 25, 2003 Page 3 John Chesterman said that he wants to replace an existing 20 by 20 garage with a 24 by 36 garage four feet from the alley and six feet from the front property line along Delaware Street. Board Members reviewed the site diagram with the applicant. Staff Member Wernimont outlined the staff report. He said that because of the slope of the lot the garage will be elevated above the grade of the street and sidewalk and should not impact visibility for pedestrian or vehicular traffic from adjacent residences. He said that the zoning code requires that the driveway be paved. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by Klauer, seconded by Felderman, to approve the request with the condition that the driveway to the new garage be paved. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 84-03: Application of John MilledNicholas Schwartz for a special exception for property located at Peru Road & Vinton Street to build A single-family home 0 feet from the front property line (Peru Road), 20 feet required, and 0 feet from the front property line (Peru Road) OR 6 feet from the front property line (Vinton Street), 20 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. DOCKET 85-03: Application of John Miller/Nicholas Schwartz for a special exception for property located at Peru Road & Vinton Street to build A single-family home 0 feet from the front property line (Peru Road), 20 feet required, in an R-1 Single-Family Residential zoning district. DOCKET 86-03: Application of John Miller/Nicholas Schwartz for a special exception for property located at Peru Road & Vinton Street to build a single-family homes 0 feet from the front property line (Peru Road), 20 feet required, in an R-1 Single-Family Residential zoning district. DOCKET 87-03: Application of John Miller/Nicholas Schwartz for a special exception for property located at Peru Road & Vinton Street to build 3 single-family homes 0 feet from the front property line (Peru Road), 20 feet required, and one single-family home 0 feet from the front property line (Peru Road) and 6 feet from the front property line (Vinton Street), 20 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. The Board decided to hear dockets 84-87 simultaneously. John Miller, 920 Roosevelt Road, presented his application. He noted that the properties will be surveyed prior to construction. He presented photos of the site to the Board. He noted the possibility of turning the houses sideways to better utilize the lots. He discussed the site topography stating that he will have to excavate and recess the houses into an existing hillside. He stated that he is willing to install sidewalks in the parkway in front of the property. Minutes - Zoning Board of Adjustment September 25, 2003 Page 4 Board Members discussed the location of the property line relative to the paved portion of the street. Buster Welty, 4000 Peru Road, spoke in opposition to the request. He stated that it is possible to vacate the Vernon Street right-of-way, which would afford the applicant more space. He said that the proposed sidewalks likely will be built over existing sewer and water easements. Staff Member Hemenway presented photos of the site to the Board. Okey Bandy, 3149 Inwood Street, spoke in opposition to the request. He stated that there is a possibility the people utilizing the residential properties will park on a portion of the right-of-way. He said there is no parking allowed along Peru Road. He noted the depth of' the lot and stated the houses could be moved back on the lots to maintain the 20-foot setback as required by the Zoning Ordinance. Lynn Dreibelbis, 844 Salem Street, stated that she is an adjacent property owner and is in favor of the applicant's request. She said that positioning the residences closer to Peru Road would place them further away from her residence. William Arensdorf, 3953 Excelsior Street, stated that he is in support of the request because it will place the residences further away from his new home. John Miller stated that to place the houses further back on the lot would require driveways that were too steep to provide safe access to the garages. He noted that each house would have two garages and two additional off-street parking spaces. He said that he is willing to place a sidewalk in front of the structure but would eliminate them if necessary. Staff Member Hemenway presented the staff report. He noted that the request to build four houses, all of which would be 0 feet from the front property line along Peru Road, and that the fourth house would also be six feet from the front property line along the platted but unimproved Vinton Street right-of-way. He noted the site topography and stated that the houses will be located well away from adjacent residences. He stated that the exact location of the front property line is uncertain. He said that the Board can require conditions for approval of special exceptions. Board Members discussed the proximity of the edge of pavement along Peru Road to the front of the garages. They discussed the driveway locations and proposed setbacks. Board Member Klauer stated that there is a possibility that Peru Road could be widened in the future. Board Members discussed the Peru Road right-of-way, noting that it is approximately 66 feet wide. Board Members said they are concerned that vehicles parking in front of the garages would encroach on the sidewalk or street. Motion by Felderman, seconded by Klauer, to approve the requests with the condition that a minimum of a 31-foot setback from the edge of the pavement along Peru Road to the Minutes- Zoning Board of Adjustment September 25, 2003 Page 5 front of the garage be maintained and that the residential structures be no closer that 0 feet form the front property line along Peru Road. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 88-03: Application of Studtmann Homes LLC/Dennis & Amy McCarthy for a special exception for property located at 1630/1632 Finley Street to build a duplex 16 feet from the front property line (Finley Street), 20 feet required, and 0 feet from the rear property line, 12 feet required, in an R-2 Two-Family Residential zoning district. Deb Studtmann presented the application. She noted that the proposed deck is located on the back of the property and will not be built up to the rear lot line. She noted the neighborhood character and setbacks from property lines of adjacent residences. She stated that the house has actually been moved slightly forward of what was indicated on the submitted site diagram. She presented photos of the site to the Board. She said that the house does not sit squarely on the lot. Staff Member Hemenway noted previous Zoning Advisory Commission and Zoning Board approvals for the subject lot. Board Members noted that the applicant modified their request to be 18 feet from the front property line and 11 feet from the rear property line. Staff Member Hemenway presented the staff report. He noted that, as submitted, the proposed deck in the rear yard will encroach on non-conforming porches on the 10-plex. He said that there will be room for vehicles to park in front of the garage and not encroach on the sidewalk or street. He stated that the applicant has obtained a survey and has clearly indicated lot line locations. Board Members discussed the request and stated that, as modified, it meets the requirements of granting a special exception. Motion by Klauer, seconded by Felderman, to approve the request with the condition that the duplex be 18 feet from the front property line and 11 feet from the rear property line. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay- None. DOCKET 78-03: Application of Lorenzo Dominguez/Happy Chef of Minnesota Inc. for a variance (rehearing) 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 and Lorenzo Dominguez presented their application to the Board. Mr. Herbst noted that it is not feasible to move the addition to the rear of the structure because of the interior configuration of the building, which includes the restrooms and kitchen. He stated that he met with the representatives of the Super 8 Motel and is attempting to address their concerns. He said that the expansion of the restaurant will bring additional property and sales taxto the City. He said it would also enable them to hire additional staff. He stated that there proposal has been modified to move the addition back five feet from the property line and to design a curved atrium roof that will allow adequate sight visibility to the Minutes - Zoning Board of Adjustment September 25, 2003 Page 6 adjacent commercial property. He stated that there is no parking problem at their facility. He stated that the restaurant has the requisite amount of parking for the expansion area. He presented photos of the site to the Board. He stated that he has spoken with the Iowa Department of Transportation regarding leasing a portion of their property for additional parking. He stated he also asked the IDOT to install a turning lane for westbound traffic on Dodge Street. Board Members discussed the number of employees and number of tables for the expansion. They discussed parking standards versus the demand for convenient parking. They also discussed sight visibility for the adjacent commercial property. Janice Woodward, representing the Super 8 Motel, stated she is attending the meeting to insure that the setback will be at least five feet. She stated that it might be possible to raise the height of the Super 8 reader board sign so that visibility would not be blocked. Board Members discussed the impact of the addition on sight visibility. Staff Member Hemenway presented the staff report, noting that this request is a reconsideration that had been modified from the original request. He stated that the applicant is proposing to move the addition back five feet and put. a glass atrium with curved roofline at the front of the restaurant. He stated that there is currently additional parking at the front of the building in located in the public right-of-way. He recommended that the Board not place a condition on sight visibility to the Super 8 Motel because it would be very difficult to quantify and enforce. Board Members reviewed the requirements for granting a variance. Vice Chair Gasper felt that the request did not meet all of the said criteria. Vice Chair Gasper stated that he did not feel that the proposed request met criteria #1 or #2 of the criteria established to grant a variance. He noted that the Board should not be looking at the financial impact of the addition. Janice Woodward stated that the Super 8 Motel would be in favor of the addition to the front of the building versus at the back of the building because of the proximity of convenient parking. Motion by Felderman, seconded by Gasper, to table the vadance at the applicant's request to the next regular meeting. Motion was approved by the following vote: Aye - Klauer, Felderman and Gasper; Nay - None. DOCKET 89-03: Application of Tim McNamara/Wilmac Property Co. for a conditional use permit for property located at 901 Jackson Street/151 E. 9th Street to allow a residential use above the first floor in an HI Heavy Industrial zoning district. The application was tabled at the applicant's written request. Minutes - Zoning Board of Adjustment September 25, 2003 Page 7 MINUTES & NOTICES OF DECISION: The minutes of the August 28, 2003 meeting and Notices of Decision for Dockets 68-03, 69-03, 70-03, 71-03, 72-03, 73-03, 74-03, 75-03, 76-03, and 77-03 were approved as modified. ADJOURNMENT: The meeting adjourned at 6:10 p.m. Kyle L. Kritz, Associate Planner Adopted