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Minutes Zoning Bd Adj 12 18 03 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, December 18, 2003 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, iowa PRESENT: Chairperson Mike Ruden; Board Members Bill Gasper, Bill Felderman, Randy Klauer and Jim Urell; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. 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. DOCKET 108-03: Application of Patrick & Joan Bradley for a special exception for property located at 1600 Atlantic Street to build a 34 foot by 27 foot 6 inch addition 10 feet from the front property line (Decorah Street), 20 feet required, and to cover 44% of the lot with structure, 40% maximum permitted, in an R-1 Single-Family Residential zoning district. Pat Bradley said that he wants to remove an existing single garage and replace it with a double garage with an addition above. He said the existing garage is approximately 15' by 25' and attached to the house. He approached the Board to explain his site layout. Staff Member Wernimont reviewed the staff report, noting that the proposed addition will be 34' by 27' 6" and will be built 10 feet from the front property line. He said the structu res ~n total would cover 44% of the lot area. He said the subject property is a corner lot with an existing capped concrete garage, which will be removed. He said that the lot slopes to the rear. He said that the proposed deck area will remain open and that the addition will be built no closer to the street than the existing house. Mr. Bradley said that there is little traffic along his street. Staff Member Wernimont stated that the structure will meet the required side yard setback. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by.Klauer, seconded by Gasper, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET109-03: Application of Karen Chesterman for a special exception for property located at 1895 St. Ambrose Street to build a 7 foot by 12 foot front porch 1 foot from the front property line (St. Ambrose Street), and 7 feet from the front property line (Rosedale Avenue), 20 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. Minutes - Zoning Board of Adjustment December 18, 2003 Page 3 Brian Munson, 2935 Burden Avenue, spoke in opposition to the request, noting that several existing garages are built closer than whatis currently permitted. Hesaid hehas concerns with his parents backing from the garage safely to the alley. He also stated he has concerns with liability in the event an auto accident. Board Members discussed the garage layout with the modified building wall. They expressed concerns regarding the impact on visibility for drivers along the alley and for a vehicle backing out of the adjacent garage. Mr. Duggan stated that the property pins have been located, and offered to provide a detailed site diagram, showing the exact location of the modified garage watl relative to the adjacent garage on the Munson's property. Board Members decided to table the request until such time as the applicant submits a detailed site plan drawn to scale showing the location of the modified garage footprint relative to the adjacent garage and property lines. Motion by Urell, seconded by Felderman, to table the application. The motion was approved by the following vote: Aye - Klauer Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 111-03: Application of Kathy BitteflSteven & Patricia Althaus for a special exception for property located at 626 Alta Vista Street to build a garage 0 feet from the front property line (Harvard Street), 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. Kathy Bitter, 1460 Miller Rd, stated she is the realtor representing the property owners. She said that she wants to guarantee a future purchaser that a two-car garage could be built at this location. She said that the garage footprint has been modified to indicate that the garage will be 12-inches at its closest point to the City right-of-way and four feet at its maximum setback. She said that a concrete pad has already been poured at this location; therefore, there should be little loss of permeable area. Board Members discussed the site layout. Ms. Bitter said that the garage, as modified, is 21'6' deep, which she said is the minimum for garage depth. Steve Althaus, 626 Alta Vista, said that Harvard Street is not a busy street. He said that there is minimal vehicular or pedestrian traffic along the street. He said that the street is narrow near his house; therefore, traffic tends to be slow at this location. Board Members discussed possible conflic~ between a car backing from the garage and pedestrian and vehicular traffic along Harvard Street. Ms. Bitter said that Harvard Street is steep, and cars coming down the street can look down upon the garage location with good visibility. Minutes - Zoning Board of Adjustment December 18, 2003 Page 5 DOCKET 112-03: Application of Advanta Sign/Medical Associates Health Plans for a variance for property located at 1605 Associates Drive to install a third wall-mounted sign on a multi-tenant building space, two signs maximum permitted, in a PC Planned Commercial zoning district. Alan Avery, 1605 Associates Drive, Suite 101, reviewed his request for a variance with the Board. He noted that patrons coming to their office have been confused as to the office location and where to park. He said that the additional signage along the south wall will help direct their customers to the appropriate entrance. He reviewed the location of adjacent businesses and entrances. He stated that the sign will help to alert those people traveling along Chavanelle Drive and Medical Associates private driveway to their location Bob Hartig, Director of Facilities for Medical Associates, said that there is a problem with visibility for customers coming to the Health Plan office. He said that additional signage would help from a wayfinding standpoint. Mr. Avery indicated that the sign is intended to direct patrons, but not as additional advertising. Staff Member Hemenway reviewed the existing and proposed signage for Platinum Plaza. He stated that sight visibility from Chavanelle Drive could be accomplished by relocating the exiting sign on the eastern portion of the building to the south. Board Members reviewed options for sign placement on the building. Board Members felt that the two permitted signs were adequate to advertise the location of the office and the parking area. They also felt that the application did not meet the criteria for granting a variance. Motion by Urell, seconded by Gasper, to approve the variance request as submitted. The motion was denied by the following vote: Aye - Klauer; Nay - Urell, Gasper, Felderman and Ruden. DOCKET 113-03: Application of Dubuque Sign Company LC/Theisen's Inc. for a variance for property located at 2900 Dodge Street to place 6 wall-mounted signs on the building, 2 signs maximum permitted, in a PC Planned Commercial zoning district. Keith Zenner, Dubuque Sign Company, stated that he represents Theisen's, inc. He submitted renderings of existing and proposed signs for the Theisen's facility. He submitted a visibility chart, noting the size of the letters and their relative visibility from a distance. He noted that the large addition to the existing building has a separate entrance, which Theisen's said requires a sign to direct patrons from the parking lot to the new addition. He discussed the existing signage on the building, and stated that Carhart requires that retailers display a product sign. He discussed the size and location of the various signs on the building. He presented photos of theTheisen's building in Waveriy, Iowa. Board Members discussed the existing signage, including two illegal signs, which staffsaid were installed without a permit. Staff Member Hemenway presented the staff report. He Minutes - Zoning Board of Adjustment December 18, 2003 Page 7 reconfiguration of the apartment may actually reduce the demand on parking by placing a kitchen where an existing bedroom was. Staff Member Wernimont presented the staff report. He said that this building is approximately 150 years old. He said demand on parking has increased in this area with the addition of units and the increase in automobile ownership. He stated that it is not feasible to add a garage or off-street parking at this location because of limited lot size, access and topography problems. He stated that there is little on-street parking available in front of the building and in the neighborhood in general. Board Members discussed the grandfather status of the apartment building. Board Members discussed adding off-street parking on the lot and determined that it is not feasible. Board Members discussed parking problems in the neighborhood. Board members felt that the addition of one unit, but the elimination of one bedroom, would not generate any more demand on parking than the two bedrooms that could possibly be placed on the back half of the duplex. Motion by Urell, seconded by Felderman, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - Gasper and Felderman. DOCKET 115-03: Application of Wayne Briggs for a variance for property located at 1605/1635 Associates Drive to install two freestanding monument style signs, 0 signs permitted as per condition of the Zoning Board of Adjustment, in a PC Planned Commercial zoning district. Bob Hartig reviewed his request for the variance, indicating that the additional monument- style signs are necessary to direct customers to the interior businesses and associated parking. He stated that the signs were designed to be the minimum size necessary to accomplish their purpose. He stated that some of the interior tenant spaces cannot be seen from Associates Drive. He stated that the subject building is multi-tenant and the monument signs will list each tenant space. He said each building is on its own lot; however, Planning staff has interpreted the ordinance to deem this a single development. Alan Avery, 722 June Drive, spoke in support of the variance request. He stated that he is one of the end tenants and that it is necessary to have a directory sign to adequately direct his customers to the business and associated parking. Staff Member Hemenway reviewed the previous requested variances and appeal for the property. He stated that the original sign regulations would allow two 300 square foot freestanding signs. He said that the request submitted was much more modest than would have been permitted prior to the condition of no freestanding signs placed by the Board. He stated that it is difficult for clientele traveling along Associates Drive to see interior tenants and to determine which parking lot is associated with which tenant space. He said that the two small freestanding monument directory style signs would accomplish this goal. Minutes - Zoning Board of Adjustment December 18, 2003 Page 9 complaints regarding the existing parking for the two 19-room SROs, which he said have been, grated a variance in the past. Board Members discussed the request and felt that there is adequate on-street parking in the neighborhood and that there will be very little demand generated by the 12-room SRO. Motion by Gasper, seconded by Klauer, to approve the request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 118-03: Application of Katherine Kurutsides/Hagar Ent. Inc. for a conditional use permit for property located at 66 W. 32"a Street to allow a carry-out restaurant in a C-2 Neighborhood Shopping Center zoning district. Katherine Kurutsides, 17185 Pepper Lane, said that she wants to open a sandwich shop at the former Fashion Touch Drycleaners location. Staff Member Kritz said that this property was formerly the Tobacco Plus Shop, and prior to that a drycleaners. He stated that in the past, the drive-thru window has generated neighborhood complaints and posed a traffic safety problem. He recommended that, if approved, the Board require that the drive-up window be removed. Board Members discussed the request, and felt it met the criteria for granting a conditional use with the requirement that the drive-up window not be utilized. Motion by Urell, seconded by Gasper, to approve the conditional use permit with the condition that the drive-up window not be utilized. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the November 20. 2003 meeting and Notices of Decision for Dockets 101-03, 102-03, 103-03, 104-03. 105-03 and 107-03 were approved as submitted. ITEMS FROM PUBLIC: Steve Selchert, 8719 Jennifer Lane, said that at his former variance hearing, he felt that one of the Board Members should have excused himself. He said that he was contacted by this Board Member prior to his variance request and chastised because he had not granted him the contract for his garden center building project. He stated he felt it is the duty of the Board to review cases in good faith and from an unbiased standpoint. He said that if Board Members are not able to do this, they should excuse themselves from the case. ADJOURNMENT: The meeting adjourned at 7:45 p.m. Kyle L. Kritz, Associate Planner Adopted