Minutes Zoning Bd Adj 1 22 04MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, January 22, 2004
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Vice Chairperson Bill Gasper; Board Members Jim Urell and Randy
Klauer; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont.
ABSENT:
Chairperson Mike Ruden and 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 4:00 p.m.
Vice Chairperson Gasper stated that Planning Services staff received a letter from Mrs.
Marie Steve asking to withdraw her variance application for Docket #002-04.
DOCKET 110-03
: Application of Donna McWalter for a special exception (tabled) for
property located at 910 University Avenue to construct a garage 4 inches from the rear
property line (alley), 6 feet required, and 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, presented the application. He noted that Mrs.
McWalter has provided a site plan and that it was included in the packet. He stated that
the McWalter’s have removed the sheeting from the end of the garage so that the
neighbors’ visibility was not impeded. He stated that the McWalter’s are asking to move
the wall back approximately 5’9” from the rear property line.
Board Members discussed the removal of the wall to 5’9” from the rear property line.
Board Members discussed setback and sight visibility.
Attorney Alan Hughes stated he represents the Munson’s, who live adjacent to the garage.
Mr. Hughes stated that the Munson’s are amenable to leaving the overhang as is and
moving the wall back four feet to where the sheeting has been removed. He distributed
photographs of the site.
Board Members discussed the garage door size, noting that a 16-foot garage door will
work with the reduced building width.
Staff Member Hemenway presented the staff report, stating that the applicant submitted a
detailed retracement of the property and both garages, noting the relative distances from
property lines and each other. He stated that any motion to approve should include the
distance of the overhang from the rear property line.
Minutes – Zoning Board of Adjustment
January 22, 2004
Page 2
Board Members discussed the request, and felt that if the wall were moved back four feet,
there would be adequate visibility for a vehicle backing from the Munson’s garage to the
alley.
Motion by Urell, seconded by Klauer, to approve the request, with the condition that the
overhang be 10-inches from the rear property line, and that the south building wall be
moved four feet north of its present position. The motion was approved by the following
vote: Aye – Klauer, Urell and Gasper; Nay – None.
DOCKET 001-04
: Application of Jim Kohl for a special exception for property located at
2419 Stafford Street to add a 6 foot by 10 foot covered porch 0 feet from the front property
line, 10 feet required, in an R-2A Alternate Two-Family Residential zoning district.
Jim Kohl spoke in favor of his request. He stated that he would like to have an open porch
with railing and canopy to replace the concrete slab that has settled and is no longer level.
Staff Member Wernimont stated that a portion of the porch has been constructed over an
existing concrete stoop, and it projects into the public right-of-way. He stated that the
applicant wishes to cover the concrete stoop with a level wooden porch and add a railing
and porch hood. He stated that the Engineering Department has reviewed the
encroachment onto the public right-of-way and is in the process of issuing a construction
license.
Board Members discussed the request and felt it had very little impact on the adjacent
residential properties or public safety, because the current concrete stoop is already in
place.
Motion by Klauer, seconded by Urell, to approve the request with the condition that the
porch remain of open design. The motion was approved by the following vote: Aye –
Klauer, Urell and Gasper; Nay – None.
DOCKET 002-04
: Application of Burton & Marie Steve for a variance for property located
at 3366 Crescent Ridge Road to erect an 8 foot high fence, 7 feet maximum permitted, in
an R-1 Single-Family Residential zoning district.
This application was withdrawn at the applicant’s request.
DOCKET 003-04
: Application of Callahan Construction Inc. for a variance for Lots 2, 3, 4,
5 and 6 of Westbrook Subdivision to allow commercial buildings 8 feet from the rear
property line, 48 feet required, in a CS Commercial Service & Wholesale zoning district.
Tom Dalsing, 2725 Pleasant View Drive, said that he represents Callahan Construction.
He requested that the Board permit 8-foot setbacks on all buildings built on Lots 2-6.
Board Members stated that they had discussed the setback issues at last month’s meeting
and agreed that this request met all the criteria for granting a variance.
Minutes – Zoning Board of Adjustment
January 22, 2004
Page 3
Staff Member Wernimont said that at the previous meeting, the Zoning Board of
Adjustment asked that a new application for the remaining lots be submitted. He stated
that Mr. Callahan owns the property that the buildings will encroach on.
Motion by Klauer , seconded by Urell, to approve the variance as submitted. The motion
was approved by the following vote: Aye – Klauer, Urell and Gasper; Nay – None.
DOCKET 004-04
: Application of Fred Freebolin/Gary Newt for a variance for property
located at 5 Jones Street to construct four non-conforming storage tanks in the Port of
Dubuque PUD Planned Unit Development zoning district.
DOCKET 005-04
: Application of Fred Freebolin/Gary Newt for a variance for property
located at the Southwest corner of Jones & Terminal Streets to construct four non-
conforming storage tanks in the Port of Dubuque PUD Planned Unit Development zoning
district.
The Board decided to hear both dockets simultaneously and vote separately on each.
Fred Freebolin said that he represents Newt Marine Service. He said that Newt Marine is
requesting to build four storage tanks to replace ones that have been removed several
years prior. He stated that Newt is not changing the use of the property and are offering
the City two locations for placement of the tanks at their discretion. He stated that he feels
that this is a continuation of an established use.
Board Members discussed the number of tanks and the optional locations. In response to
a question from the Board, Mr. Freebolin stated that the tanks are about 40 feet in
diameter and 40 feet in height. He said that the tanks would be used to hold Lignan or
chemical fertilizer.
Assistant City Attorney James O’Brien stated that the State of Iowa and the City of
Dubuque Code have very specific criteria for granting a variance. He read said conditions.
He stated that the applicant has to demonstrate that all five criteria have been met. He
said that the applicant has not demonstrated that each of the criteria have been met, and
has provided no information regarding economic hardship.
Mr. Freebolin stated that the replacement of the tanks is a continuation of the existing use.
Staff Member Kritz explained non-conformities to the Board.
Carter Newt, Newt Marine Service, said that the use of his property is grandfathered. He
said that the tanks were originally taken down with the intention to rebuild them at another
location. He stated that the new tanks would not exceed the size of the former tanks.
Assistant City Attorney James O’Brien stated that the non-conforming section of the
Ordinance has three components – one for land, one for buildings, and one for land and
Minutes – Zoning Board of Adjustment
January 22, 2004
Page 4
buildings combined. He used an example of a restaurant that had closed to illustrate the
grandfather status of property.
Staff Member Kritz discussed taverns in a C-2 District to illustrate how businesses, after
closing, can lose grandfather status. Board Member Klauer discussed the loss of
grandfather status through provisions of the non-conformities section of the ordinance.
Mr. Freebolin said that the existing tank foundations are still in place. Staff Member Kritz
said that the tanks were removed before the property was rezoned to PUD. He said,
therefore, the tanks had lost their non-conforming status.
Board Members reviewed the five criteria for granting a variance. Board Members felt that
the request did not meet the criteria for granting a variance.
Motion by Klauer, seconded by Gasper, to approve Docket #004-04 as submitted. The
motion was denied by the following vote: Aye – None; Nay - Klauer, Urell and Gasper.
Motion by Klauer , seconded by Urell, to approve Docket #005-04 as submitted. The
motion was denied by the following vote: Aye – None; Nay - Klauer, Urell and Gasper.
DOCKET 006-04
: Application of Alan Burr/University of Dubuque for a variance for
property located at 2425 Dodge Street to erect one monument style sign structure 18 feet
in height, 15 feet maximum permitted, with two monument sign faces 12 feet in height, 10
feet maximum permitted, in an ID Institutional zoning district.
Alan Burr stated that he represents the University of Dubuque. He discussed renderings
of the signs in relation to the campus and adjacent residences. He stated that the sign
structure matches the Stephen’s Hall colonnades, which are located on the University
campus. He stated that the signs will be located at the entrance to the new residential
student housing .
Staff Member Hemenway presented the staff report, noting the height requirements for
signs in an institutional district. He distributed a GIS map of the site to the Board. He
stated that the adjacent residences were several hundred feet away from the proposed
sign.
Board Members discussed the sign structure height, size and design, stating that it in
keeping with the scale and character of the adjacent three-story student residences and
with the UD campus in general. Board Members said they feel the sign meets the criteria
for granting a variance.
Motion by Urell, seconded by Klauer, to approve the variance as submitted. The motion
was approved by the following vote: Aye – Klauer, Urell and Gasper; Nay – None.
Minutes – Zoning Board of Adjustment
January 22, 2004
Page 5
MINUTES & NOTICES OF DECISION:
The minutes of the December 18, 2003 meeting
and Notices of Decision for Dockets 106-03, 108-03, 109-03, 111-03, 112-03, 113-03, 114-
03, 115-03, 116-03, 117-03 and 118-03 were approved unanimously as submitted.
ITEMS FROM STAFF
:
Request for letter Zoning Board of Adjustment Endorsing a Budget Requested for half-time
FTE: Staff Member Hemenway discussed a memo from Planning Service Manager Laura
Carstens regarding the Planning Services Department Budget request for an additional
half-time staff person. He said a portion of the additional staff’s time would be dedicated to
helping with the Zoning Ordinance re-write, which he said the Board endorsed at a
meeting last year, and the City Council funded. Board Member Klauer stated he would like
to have input from all Board Members for said endorsement. Staff agreed to phone the
missing Board Members and ask for their input.
Letter to the Board from Carleen Schroeder requesting reconsideration of Docket #114-03.
Staff Member Hemenway stated that Ms. Schroeder informed staff that she is not able to
make this evening’s meeting. Staff Member Hemenway outlined the Board’s options
regarding Ms. Schroeder’s request for reconsideration of Docket #114-03. He also stated
that at the Board’s discretion, they could chose to re-open public input.
Board Members reviewed Ms. Schroeder’s letter. Mr. Steve Gudenkauf stated that he had
submitted a letter addressing Ms. Schroeder’s contentions regarding the square footage of
the units. Board Members discussed the request and chose to not reconsider docket
#114-03. Board Members asked that City staff send a letter to both Ms. Schroeder and Mr.
Gudenkauf regarding their decision.
ADJOURNMENT:
The meeting adjourned at 5:20 p.m.
______________________
Kyle L. Kritz, Associate Planner Adopted