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Minutes Zoning Bd Adj 10 29 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Wednesday, October 29, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa pRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper and Bill Felderman; Staff Members Guy Hemenway, Kyle Kritz, Wally Wernimont and James O'Brien. ABSENT: None. 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 4:00 p.m. DOCKET 90-03: Application of peter Kruschke for a special exception for property located at 2235 Roosevelt Avenue to build a detached garage 0 feet from the north side property line, 3 feet required, and 0 feet from the tsar property line, 6 feet required, in an R-2A Alternate Two-Family Residential zoning district. Peter Kruschke stated that he wants to demolish an old barn and replace it with a new garage. He said he will reorient the garage doors to the south so that he will not back directly into the alley. Board Members discussed the garage layout. Mr. Kruschke said he does not want to survey his lot line because he has found an existing property pin. He stated that he will reduce the size of the garage slightly to 23 feet in length and 25 feet in width and move the garage in one-foot from the side property line. Staff Member Wernimont discussed former special exception requests for this property. He said that the Building Services Department would not allow an overhang on a O-foot side yard setback. He said that rs-orientation of the garage will make access to the garage safer. He stated that in the past, the Board has required a survey for O-foot setbacks. Board Members discussed the necessity of requiring a survey. Board Members stated that because the applicant had located the property pin, they did not feel it was necessary for the applicant to bear the expense of undergoing a survey. Motion by Klauer, seconded by Gasper, to approve the speCial exception request with the condition that the garage be set back one-foot from the north side property line. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 2 pOCKET 91-03: Application of Nicholas Lucy for a special exception for property located at 783 Feneion Place to build a 24 foot by 24 foot attached garage 3 feet from the front property line (Burch Street), 20 feet required, and to cover 41% of the lot with structure, 40% maximum permitted, in an R-3 Moderate Density Multi-Family Residential zoning district. Mrs. Lucy stated that her husband was detained and asked if the request could be moved to the end of the agenda. Chairperson Ruden moved the request to the end of the agenda. Nick Lucy reviewed his request with the Board, noting that the proposed location of his attached garage allows construction of a much shorter driveway and garage, which will be in line with the existing house. He said that the access also would be safer than backing onto Burch Street. Staff Member Wernimont reviewed the request, noting that the property is located on a corner lot. He also noted the location of the setbacks of adjacent structures. Board Members discussed the request and felt that it met the requirements for granting a special exception. Motion by Gasper, seconded by Kiauer, to approve the special exception as submitted. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. DOCKET 78-03: Application of Lorenzo Dominguez/Happy Chef of Minnesota Inc. for a variance (tabled) 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, 2061 Concord Court and Lorenzo Dominguez presented their application. Mr. Herbst noted that the building woUld be set back five feet from the front property line as opposed to the original request for a O-foot setback. He stated that most of the concerns were aired in the previous Zoning Board of Adjustment meetings. He stated that he has reached an agreement with the adjacent business owner regarding the project. Ralph Jasper, 2276 Trygg Drive, said that he represents his daughter, who is manager of the Super 8 Motel. He stated that they are in agreement with the project, with the caveat that the building be set back five feet from the front property line. Staff Member Hemenway reviewed the staff report, noting the original request for a O-foot setback. He said that the applicant had subsequently changed his request to be five feet from the front property line. He noted that the lot line had been clearly established in the field. Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 3 Board Members felt the request met the conditions for granting a vadance; Motion by Klauer, seconded by Felderman, to approve the request with the condition that the addition be 27 feet by 48 feet, and no closer than five feet from the front property line. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. DOCKET 89-03: Application of Tim McNamara/Wiimac Property Co. for a conditional use permit for property located at 901 Jackson Street/151 E. 9th Street to allow residential use above the first floor in an HI Heavy Industrial zoning district. Tim McNamara presented his application to the Board. He stated that he would like to redevelop an existing warehouse building at 901 Jackson Street for upper story residential and retail and office use on the first floor. Staff Member Hemenway presented the staff report, noting that there was a recent text amendment approved allowing upper story residential as a conditional use in heavy industrial districts. He stated that some of the existing older multi-story warehouse buildings that were vacant in Dubuque's industrial districts were not suitable for modern industries. He said, therefore, many of these buildings are vacant or underutilized. He noted the applicant is asking to put 15,000 square feet of residential development in 10 units on three floors. He noted the surrounding land use and activity, stating that Jackson Street is used as a rail spur and truck access. He noted that there are on-street parking spaces available on both 9th and Jackson Streets. He discussed parking requirements for the proposed residential area, stating that the applicant has stated that he plans to provide parking in garages within the building or on a surface parking lot directly adjacent to the property. Board members discussed the need to have the applicant provide floor plans and site plans for the project. Board members discussed upper floor residential use in industrial districts. They said they feel the request meets the requirements for granting a conditional use permit. Motion by Urell, seconded by Klauer, to approve the conditional use permit, with the condition that a site plan indicating parking lot configuration and floor plans be required prior to issuance of a building permit. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. DOCKET 92-03:. Application of Ted Murray/David Frommelt/Harvest Development for a conditional use permit for property located at 2300 Meinen Court/Lot 4 Harvest Business Center to construct a dental office in a C-2 neighborhood Shopping Center District. David Fremmelt presented his application, noting the size of the building, number of parking spaces and the green space for the proposed development. He noted the Minutes- Zoning Board of Adjustment Wednesday, October 29, 2003 Page 4 discussed the design standards for the proposed office building, and stated that the project will be similar to Fidelity Bank's development. Staff Member Hemenway presented the staff report, noting the'adjacent commercial and residential land uses. He stated that medical clinics are required to obtain a conditional use permit because they tend to generate more traffic than other commercial uses permitted in C-2 districts. He discussed traffic patterns, stating that access to the site will be from Meinen Court, and that Meinen Court accesses Asbury Road, which is a minor arterial. He said traffic will not pass through a residential neighborhood to access aris site. He stated that the 5,000 square foot medical clinic will provide 28 parking spaces, which meets the parking requirement. Board Members discussed the request, and felt that it met the requirements for granting a conditional use permit. Motion by Gasper, seconded by Urell, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye- Ruden, Klauer, Urell, Gasper and Feiderman; Nay - None. DOCKET 93-93: Application of Eric Frommelt/Tony Kemp for a variance for property located at 101 Main Street to allow a restaurant/bar with a deficit of 8 off-street parking spaces in a C-4 Downtown Commercial zoning district. Eric Frommelt asked that his variance request be tabled. Motion by Gasper, seconded by Felderman, to table the variance request. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. DOCKET 94-03: Application of Marianne Yount/Plastic Center, inc. for a conditional use permit for property located at 467-469 Bluff Street to expand a restaurant business in an OC Office/Commercial zoning district. Marianne Yount stated that she is the manager of Annie's L'il Bits Restaurant and catering. She said that she wanted to expand the restaurant and kitchen to the adjacent side of the building. Staff Member Wernimont outlined the staff report, stating that Anne's L'il Bits currently occupies half of the building and that they would like to breach the wall and expand into the adjacent space. He said the kitchen area would be expanded but that no seating would be added. He said, therefore, there is no greater demand on parking than that generated by the existing restaurant. He discussed the surrounding land use and parking. Board Members discussed the request and felt that it met the requirements for granting a conditional use permit, indicating this is not an expansion of the seating capacity but just an expansion of the space utilized by the restaurant. Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 5 Motion by Urell, seconded by Felderman, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. DOCKET 95-03: Application of Fred Freebolin/Gary Newt for a variance for property located at the southwest corner of Jones & Terminal Streets to allow a storage and distribution building in a PUD Planned Unit Development zoning district. Chairperson Mike Ruden stepped down because of a conflict. Bill Gasper conducted the meeting as the vice chairperson. The Board decided to hear Dockets 95-03 thru 98-03 simultaneously and vote on each separately. Fred Freebolin, 1005 Clarke Drive, said that he represents Newt Marine Service. He said that Newt wants to build a warehouse building on property in the South Port of Dubuque. He said the other three requests, Dockets 96, 97 and 98, are to build a salt storage building on one of three properties. He said this is necessary because the Iowa Department of Transportation may condemn the property for future bridge construction. He said the location indicated in Docket 97 is the least favorable location for the building and that those locations indicated in Dockets 96 and 98 are preferable. Planning Services Manager Laura Carstens discussed the Port of Dubuque Master Plan. She said that new or expanding uses must comply with Port of Dubuque Planned Unit Development requirements. She said industrial uses are not permitted under Port of Dubuque PUD regulations. She said the intent of the rezoning is to create a gradual transformation over time from industrial uses to an commercial and entertainment district. Board Member Urell asked where the Newt operation could place the building if they ware compelled to remove it by the Iowa Department of Transportation. He questioned how Newt could continue business if they are not permitted to replace the building. Assistant City Attorney James O'Brien stated that the City-owned leases for Newt's operation will expire in the near future and that shipping and storage of salt will no longer be allowed, He discussed the State of Iowa Code establishing the criteria for reviewing a variance. He also discussed the Zoning Ordinance cdteria established for granting a variance. He stated that the Iowa Department of Transportation has not yet acquired the building and, therefore, the request by Newt is premature. Mr. Freebolin stated that he had no rebuttal. He asked that the Board consider Newt Marine's request and render a fair decision, which would enable Newt Marine to continue to operate at this location. Staff Member Kritz reviewad the staff report. He stated that Docket 95-03 request is for a new warehouse building. He said that the original site plan for the building had been approved in 1993, but that Newt Marine did not pursue the project, and no building permit Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 6 was issued. He said the other three sites (Dockets 96 thru 98), the applicant is asking to use to construct a replacement for a salt storage building that will be purchased by the IDOT as part of construction of a new bddge. Staff Member Kritz said that the property could still be used for any of the permitted uses in the Port of Dubuque Planned Unit Development. He stated that adjacent properties that are bound by Port of Dubuque PUD regulations will suffer negative impacts if this area is allowed to expand their industrial use. He said such non-conforming expansion would impact the transformation of the area envisioned by the Master Plan for the Port of Dubuque. He discussed the existing businesses in the area, stating that there is currently no retail activity in the South Port area. Board Member Felderman asked if the Board should table the request to allow Mr. Freebolin time to address the criteria for granting a variance. Vice Chair Gasper stated that he feels that the request does not meet the criteria for granting a variance. He said that the Department of Transportation has not, as of yet, condemned the Newt property. Board Members discussed the request, stating they felt it did not meet all the criteria for granting a variance. Motion by Felderman, seconded by Klauer, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper and Felderman; Abstain - Ruden. DOCKET 96-03: Application of Fred Freebotin/Gary Newt for a variance for property located at the southwest corner of Jones & Terminal Streets to allow a storage and distribution building in a PUD Planned Unit Development zoning district. Motion by Felderman, seconded by Klauer, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper and Felderman, Abstain - Ruden. DOCKET 97-03: Application of Fred Freebolin/Gary Newt for a variance for property located at the southwest corner of Jones & Water Streets to allow a storage and distribution building in a PUD Planned Unit Development zoning district. Motion by Felderman, seconded by Klauer, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper and Felderman, Abstain - Ruden. DOCKET 98-03: Application of Fred Freebolin/Gary Newt for a variance for property located at the northwest corner of Jones & Water Streets to allow a storage and distribution building in a PUD Planned Unit Development zoning district. Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 7 Motion by Felderman, seconded by Klauer, to approve the request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell; Gasper and Felderman, Abstain - Ruden. APPEALS DOCKET 99-03: Application of Wayne Briggs/Platinum LLC appealing a condition of variance Docket 23-03 prohibiting freestanding signage on property located at 1605/1635 Associates Drive. Chairperson Ruden hoted the procedure for hearing an appeal. Bob Hartig, representing Wayne Briggs and Platinum LLC, stated that it was not the intention of Mr. Briggs and Platinum, LLC to relinquish their rights to all ground-mounted signage. Mr. Hartig stated that the intent of Platinum Plaza was to waive their right to construct a 300 square foot pylon sign along the Northwest Arterial in exchange for approval to add a third wall-mounted sign for Enterprise Rent-A-Car. He stated that the two ground-mounted signs requested would be multi-tenant signs. He referred to the minutes that referenced the offer to eliminate the pylon sign. He noted that the proposed trade-off was not for all ground-mounted signs. He presented photos of the proposed multi-tenant ground signs to the Board. Staff Member Hemenway presented the staff report. He noted the original variance request and the condition of approval that no freestanding signs were permitted on the premises. He stated that the Board agreed to grant the third wall sign in exchange for the elimination of all freestanding signs on the premises. He stated that Platinum Plaza could apply for another variance for the additional freestanding signage, remove the one existing Enterprise Rent-A-Car wall sign making the provisions of the variance null and void, or appeal staff's interpretation. Board Members discussed the original variance. Some Board Members felt that the provisions of the original variance were to grant the wall-mounted sign in exchange for elimination of any additional freestanding signage. Mr. Hartig reiterated that he felt the original agreement was to give up the one pole sign along the Northwest Arterial for the additional wall-mounted signage, but not relinquish the right to the ground signs for the site. He stated that currently there are two buildings on two parcels, which may enable him to have a total of four freestanding signs. Chairperson Ruden noted that he would not have voted to approve the third wall sign, if the pole signs were allowed. Staff Member Hemenway rebutted stating that, although it may have been the intention of Mr. Hartig and Platinum Plaza to not relinquish additional freestanding signage, he felt it was the intention of the Zoning Board to eliminate any additional freestanding signage as a trade off for the additional wall-mounted sign in an effort to prevent a proliferation of signage on the site. Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 8 Board Members discussed the appeal and stated that they felt that staff's original interpretation was accurate. Motion by Gasper, seconded by Urel!, to affirm staff's interpretation of the variance conditions, stating that no freestanding signage be permitted on the premises. Motion carried by the following vote: Aye - Ruden, Klauer and Gasper; Nay - Felderman; Abstain - Urell. DOCKET 100-03: Application of Marie Steve appealing staff's interpretation of expansion of a non-conformity for property located at 3366 Crescent Ridge Road. Marie Steve submitted a map of her property indicating the excavation and storage area to the board. She submitted photos of the site and signed letters from the neighbors stating that storage had occurred in the areas indicated on the map. She noted that they have excavated an area where earth had cascaded onto their property from the adjacent lot and installed a retaining wall to stabilize the embankment. She stated that she has no intention to use the excavated area for storage. She said the excavation was undertaken to remove brush, improve the appearance of the area and afford a spot for drainage. She referred to the location of a fence that shows the extent of their property. Board Members discussed the location of the existing building and adjacent storage. Board members discussed staff's interpretation, stating that the original Notice of Violation stated that no storage can occur in the excavated area. Board Members discussed the grandfather status of the property, stating that they understand that storage can occur anywhere on the lot that they it was occurring at the time of its annexation. Marie Steve presented photos of the site to the Board. Staff Member Hemenway presented his staff report. He noted that the Zoning Ordinance specifically states that legally non-conforming properties cannot expand. He said that staff was alerted to the excavation at the site after receiving a complaint from a neighbor. He stated that he felt that the expanded level area would potentially be used for additional storage. He noted that the Steve's application stated that they are appealing the staff's Notice of Violation letter dated September 4, 2003. Staff Member Hemenway stated that he felt itwas prude? to alert the property owner immediately, before they had invested more money in excavation and a retaining wall, that storage would not be permitted in the newly excavated area. Marie Steve stated that she had paid approximately $3,000 for the grading and the installation of the retaining wall. Board Members stated they feel that if the Steve's are not using the excavated area for storage, that they are not in violation of the Ordinance, and are in compliance with the provisions violation letter issued. Staff Member Hemenway distributed aerial photos from 1975, 1981, 1990, 1996 and 2000 showing the areas being used for storage and those areas that are vacant. He stated that Minutes - Zoning Board of Adjustment Wednesday, October 29, 2003 Page 9 it appears as though storage has begun to expand on all sides of the _southern-most storage building. Board Members reviewed the aerial photos and the location of stored vehicles. Chairperson Ruden asked Mrs. Steve if she could produce any documentation indicating the location of stored vehicles on the lot in 1981 or after as evidenced by the staffs aedal photos. He noted that the letters from adjacent property owners indicated that there was storage sometime after 1979 but that it appears as though none of the property owners had lived there pdor to 1980. Staff Member Hemenway noted that the Steve's could ask to rezone the property, which if approved, would allow them to expand their industrial use onto the adjacent excavated areas. Maxine Steve spoke in favor of Marie Steve's appeal. She noted that their competition was responsible for creating this problem. She said that vehicles have been stored at this location before. She said the excavation was done to remove trees and brush and control drainage, not to expand their storage area. Marie Steve stated that they do not want to expand, but only to use the area that they have always used. Staff Member Hemenway noted that the area where the excavation has occurred was never used for storage. He stated that the City's intent is not to harm the business, but to follow the Zoning Ordinance, and only allow them to use the area that they had historically used for storage. Board Members discussed the appeal and felt that staffs interpretation that storage only be allowed in those areas indicated as legal storage on the aedal photos was appropriate. Motion by Gasper, seconded by Urell, to affirm staff's interpretation. Motion carried bythe following vote: Aye - Ruden, Klauer, Urell, Gasper and Felderman; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the September 25, 2003 meeting and Notices of Decision for Dockets 78-90, 89-03, 90-03, 91-03, 92-03, 93-03, 94-03, 95-03, 96-03, 97-03, 98-03, 99-03 and 100-03 were approved as submitted. ADJOURNMENT: The meeting adjourned at 6:30 p.m. Kyle L. Kritz, Associate Planner Adopted