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.
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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