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Minutes Zoning Bd Adj 11 20 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, November 20, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 VV. 11th Street, Dubuque, Iowa D FT PRESENT: ABSENT: Chairperson Mike Ruden; Board Members Bill Gasper, Jim Urell and Randy Klauer; Staff Members Guy Hemenway and Kyle Kritz. Board Member 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 order at 4:03 p.m. DOCKET 101-03: Application of John & Tina Campbell for a special exception for property located at 1409 Rhomberg Avenue to build an enclosed front porch 2 feet 8 inches from the front property line, 10 feet required, in an R2-A Alternate Two-Family Residential District. John Campbell reviewed the location of his proposed porch, and noted that the structure will create an aidock, which will increase the energy efficiency of the home. Staff Member Hemenway reviewed the staff report, noting that he has received no input from neighbors. He stated the porch should not limit visibility from adjacent residential properties and should not affect public safety. He stated that structures on either side of the subject property are built close to the front property line. Board Members reviewed the request and felt it met the criteria for granting a special exception. Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. DOCKET 102-03: Application of Delbert & Lois Link for a special exception for property located at 973 Riker Street to build a single-family home 3 feet 6 inches from the front property line (Riker Street), 20 feet required, in an R-1 Single-Family Residential zoning district. Lois Link stated that she is subdividing her property to create a new lot between her and the adjacent property to the west. She reviewed the topography of the parcel, noting that the slope makes it very difficult to meet the 20-foot required setback. She stated that many of the homes along the street are built with similar front yard setbacks. Minutes- Zoning Board of Adjustment November 20, 2003 Page 2 Staff Member Hemenway reviewed'the staff report, noting the location of the proposed single-family residence relative to adjacent houses and the edge of pavement. He stated that the topography at this point is severe and that there are no sidewalks in front of the subject residence. He stated that there should be an uninhibited view for a vehicle backing from the garage to the street. Board Members discussed the request and the subdivision of the property. Board Members felt that the request met the cdteria for granting a special exception, Motion by Gasper, seconded by Urell, to approve the special exception request as submitted. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay- None. DOCKET 103-03: Application of Bob Siegert/Laurie Lee Stewart for a special exception for property located at 1475 Montrose Terrace to build a garage 4 feet from the front property line (Montrose Terrace), 20 feet required, in a R-3 Moderate Density Multi-Family Residential zoning district. Bob Siegert stated that the topography of the lot prevented a new garage from being constructed in compliance with the setback. He stated that there are a number of existing garages in the neighborhood that are similarly positioned. Becky Wolff stated that she is a neighbor at 1455 Montrose Terrace. directly adjacent to the subject property, and that she is in support of her neighbor's request. Staff Member Hemenway reviewed the staff report, noting that the proposed garage will not adversely impact the view to the street, as it will be built partially below grade. He stated that the retaining wall may somewhat block sight visibility depending on how it is tapered as part of the garage project. Board Members reviewed the request, and questioned the neighbors regarding a set of concrete steps between the subject property and the adjacent lot. Board Members felt that because the garage will be approximately 10 feet from the street, and built partially below the grade of the subject yard, it will have very limited impact on public safety or the view from adjacent properties. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. DOCKET 104-03: Application of Mark & Brenda Litka for a special exception for property located at 1525 Mt. Pleasant Street to build a front porch 10 feet from the front property line, 20 feet required, and 5 feet from the north side property line, 6 feet required, in an R- 1 Single-Family Residential zoning district. Minutes - Zoning Board of Adjustment November 20, 2003 Page 3 Mark Litka reviewed his request with the Board, noting that the front porch will be 10 feet from the front property line and 5 feet from the north side property line. He stated that the porch will have an open design, which will not limit the view to the street. Staff Member Hemenway reviewed the porch location and noted that the porch, because of its open design, should not limit sight visibility from the adjacent residential properties or pose a threat to public safety. Board Members discussed the request, stating that if the design remained open, they felt it would meet all the criteria established for granting a special exception. Motion by Urell, seconded by Gasper, to approve the request, with the condition that the porch design remain open. Motion was carried by the following vote: Aye - Ruden Gasper, Urell and Klauer; Nay - None. DOCKET t05-03: Application of Donna McWalter for a special exception for property located at 910 University Avenue to build a 23 foot by 24 foot detached garage 0 feet from the rear property line (alley), 6 feet required, an(: 4 feet from the west side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Chuck Duggan, 2317 Beacon Hill Drive, stated that the garage structure was built without a building permit. Mr. Duggan stated that he felt a portion of the corner of the garage may project approximately 6-inches over the lot line into the alley right-of-way. He stated that this problem could be resolved by removing a portion of the overhang. He stated that the garage has been framed but is, as yet, unfinished. Al Hughes stated that he is the attorney representing Carl and Donna Munson, who live west of the subject property, at 934 University. Mr. Hughes provided a diagram showing the location of existing buildings in the neighborhood with the subject garage penciled in. He distributed photos to the Board that he said demonstrated that the location of the garage blocks the Munson's viewwhen backing out of their garage. He stated the garage also blocks the view of those people driving west along the alley. He stated that this poses a safety dsk for his clients. Brian Munson, 2935 Burden Avenue, stated that his parent's garage was required to have a six-foot setback from the alley when it was constructed. He stated when his parents back from their garage, three-quarters of the car must be out beyond the side of the adjacent garage before they can see up and down the alley. He said this poses a safety risk. Mr. Duggan stated that he is willing to work with the neighbors to resolve this problem, and suggested that a mirror could be installed to improve visibility to the alley. Staff Member Hemenway reviewed the request, noting that a survey is necessary to clearly establish how much encroachment the garage may have on the alley. He stated that the Minutes - Zoning Board of Adjustment November 20, 2003 Page 4 City of Dubuque Operations and Maintenance Manager expressed concerns about the access through the alley for the sanitation trucks. The Board reviewed the standards for granting a special exception. Board Members felt that the garage at this location posed a safety problem and, therefore, did not meet the first standard outlined in the criteria for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. Motion was denied by the following vote: Aye - None; Nay - Ruden, Gasper, Urell and Klauer. DOCKET 93-03: Application of Eric Frommelt for a variance (tabled) for property located at 163 Main Street (tabled request was for 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. The Board voted unanimously to accept the withdrawal of the variance request by the applicant. Motion by Gasper, seconded by Klauer, to withdraw the application at the applicant's request. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. DOCKET 106-03: Application of Steve Selchert/Steve's Garden Center for a variance for property located at 3350 Kennedy Road to construct three free-standing signs, one free- standing sign maximum permitted, and four wall-mounted sign, one wall-mounted sign maximum permitted, in a C-2 Neighborhood Shopping Center District. Sarah Selchert, 433 Summit Street, reviewed her request with the Board. She noted that theSteve,s Garden Center property has three frontages and, because of topography, is difficult to see. She reviewed the sign style and functional design. She stated that there is a need for ground-mounted and wall-mounted signage. She reviewed the surrounding development and zoning. Board Members reviewed the sign renderings with the applicant, and noted that two wall- mounted signs had been dropped from the original request. Staff Member Hemenway reviewed the revised request and read the preamble to the C-2 District. He stated that because of the size and scale of the structure and lot, and the fact that the facility has three frontages, it is logical to have a freestanding sign for each of the two main frontages and a wall-m~unted sign on both the south and west walls of the building. Board Members discussed the criteria for granting a variance, and discussed the wall- mounted versus freestanding signs. Several Board Members felt that the applicant did not demonstrate the need for the additional freestanding signage. Board Members agreed that Minutes - Zoning Board of Adjustment November 20, 2003 Page 5 two wall-mounted signs, one along the John F. Kennedy Road frontage and one along the 32nd Street frontage, were appropriate. Board Members stated that they did not feel the proposal for three free standing signs met the criteria for granting a variance. Motion by Klauer, seconded by Urell, to approve the variance request, with the condition that the facility be limited to two wall-mounted signs and one freestanding sign. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. DOCKET 107-03: Application of George Saffran/Randy Davis appealing staff's interpretation that auto rebuilding and auto salvage are not legal non-conforming uses at 840 Roosevelt Street. George Saffran said that he feels that his property is grandfathered for auto repair and towing. He stated that he received notice indicating that he was running a salvage business. Mr. Saffran stated that he does not sell salvage vehicles or used parts. He stated that he would agree to place a fence along the property to screen the vehicles from the adjacent properties and roadway. He stated he would request that the City vacate a portion of the alley on the east side of the property. He stated that there is no longer a towing business operating on this property and that there has been an auto repair business at this location for 25 years. He stated that his is an auto repair business, not a salvage operation. Chairperson Ruden asked if salvaged vehicles would sit on the property for a week or more. Mr. Saffran stated that they could sit for that duration. Staff Member Hemenway reviewed the violation letter and clarified the distinction between salvage and auto repair. He distributed photographs that he said clearly indicate that there was an accumulation of salvage vehicles and auto parts at this location; therefore, it was, at the time of the notice of violation, an auto salvage yard. Board Members reviewed the photos of the site and asked Mr. Saffran about the uses of the vehicles and auto parts at this location. Mr. Saffran stated that he did remove auto parts from these vehicles for his auto repair business. Staff Member Hemenway reviewed the zones in which salvage yards are allowed. He compared typical auto repair shops throughout the community with salvage yards. He stated that the subject property resembles a salvage yard, in that it has an accumulation of wrecked, junk vehicles and auto parts. Board Members discussed the photographs and said they demonstrate that there was a large amount of salvage materials on the site. Board Members stated that they felt that the evidence indicated that the violation notice of September 30, 2003, was accurate, and that staff's interpretation that a salvage yard was operating at this location was correct. Minutes - Zoning Boar of Adjustment November20 2003 Page 6 Motion by Urell, seconded by Gasper, to affirm staff's interpretation that.an illegal auto salvage business was operating at 840 Roosevelt Road as per the Notice of Violation dated September 30, 2003. Motion carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the October 29, 2003 meeting and Notices of Decision for Dockets 78-03, 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 unanimously as modified. ITEMS FROM PUBLIC: Sarah Seichert asked for reconsideration regarding the signage for Steve's Garden Center. Board Members discussed the request, and decided to entertain her request for reconsideration. Motion by Gasper, seconded by Ruden, to reconsider Docket 106-03. Motion was carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay - None. ADJOURNMENT: The meeting adjourned at 5:45 p.m. Kyle L. Kritz, Associate Planner Adopted