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Minutes Zoning Bd Adj 2 25 04 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Wednesday, February 25, 2004 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa FT PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper and Bill Felderman; Staff Members Kyle Kritz and Guy Hemenway. 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 order at 4:00 p.m. DOCKET 007-04: Application of Thomas & Patricia Gockel for a special exception for property located at the southwest corner of N. Main Street and Kaufmann Avenue to build a single-family home 4 feet from the front property line (N. Main Street), 20 feet required, and 2 feet from the south side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Thomas Gockel outlined his request to build a single-family home on a vacant lot at the corner of N. Main Street and Kaufmann Avenue. Staff Member Kritz stated that Mr. Gockel's proposal is to build the residence four feet from the front property line along N. Main Street on a corner lot. He stated that this lot is a remnant lot that has never been developed. He stated that two adjacent properties have five-foot platted accesses along the south side of the subject lot. He stated that several other structures in the neighborhood do not meet current required setbacks. Board Member Felderman expressed concerns regarding the proximity ofthe structure to the side yard. Board members reviewed the request and felt that to shift the structure to the north would be difficult because the lot tapers. Board Members discussed the request and felt it satisfied the requirements for granting a special exception. Motion by Gasper, seconded by Klauer, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 008-04: Application of David Bleile for a special exception for property located at 4905 Old Highway Road to build a 30 foot by 50 foot detached garage, for a total of 1,960 square feet of accessory structures, 1,000 square feet maximum allowed, in an R-3 Moderate Density Multi-Family Residential zoning district. Minutes - Zoning Board of Adjustment February 25, 2004 Page 2 David Bleile reviewed his request with the Board. He said he wants to construct a new detached garage, noting that because of the topography and existing vegetation the structure will be well hidden from adjacent properties. He stated that his property is approximately 1.05 acres in size and slopes to the north. He distributed photos of the site to the Board. Staff Member Hemenway reviewed the request, noting that the proposed garage is 1,500 square feet, and if built, the total of all accessory structures on the property will be 1,960 square feet. He stated that, if approved, the garage will be limited to an accessory to the principal use which is residential. He said that a business or off-premise storage would not be allowed in this zone. Board Members reviewed the request and stated that because of the garage's distance from adjacent properties and because of the natural screening afforded by the topography and vegetation, it should have very limited impact on adjacent properties. Motion by Klauer, seconded by Felderman, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 009-04: Application of David Cox for a special exception for property located at 582 Loras Boulevard to add a second unit to a residence with 3,430 square feet of lot area, 4,000 square feet minimum required, in an R-4 Multi-Family Residential zoning district. David Cox discussed the improvements that he has made to the existing residence at 582 Loras Boulevard, noting that there are sufficient parking spaces at the rear of the property accessed from the alley. He stated that he is in the process of renovating the house, and felt that it lent itself to the creation of a second unit. Staff Member Hemenway reviewed the surrounding zoning and land use, stating that the request is simply to waive the amount of lot area required for a second unit. He stated that staff recommend that, if approved, the undefined parking area at the rear ofthe building be paved. Board Members discussed the request, and felt the addition of a second unit would have very limited impact on the neighborhood. They said they were satisfied that an adequate amount of parking will be provided at the rear of the property. Motion by Urell, seconded by Gasper, to approve the special exception request with the condition that four off-street parking spaces be. paved prior to the issuance of an occupancy permit for the building. Motion was approved by the following vote: Aye- Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 010-04: Application of Keith Bibelhausen/Hartig Drug Co. for a conditional use permit for property located at 157 Locust Street to add a drive-up window in the alley for a pharmacy, in a C-4 Downtown Commercial zoning district. -------_."."""._--,,-, Minutes - Zoning Board of Adjustment February 25, 2004 Page 3 Staff Member Kritz stated that there is a note included in the agenda packet stating that the applicant wished to table the request. Motion by Ure1l, seconded by Gasper, to table the conditional permit request. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay- None. DOCKET 011-04: Application of Ted Stackis/McStac Properties LLC for a variance for property located at 1605 Jackson Street to add a residential unit with a deficit of two off- street parking spaces, in an R-2A Alternate Two-Family Residential zoning district. The applicant was not in attendance and the Board decided to table the variance request until the next regular meeting. Motion by Urell, seconded by Gasper, to table Docket 11-04 until the next regular Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 012-04: Application of Rick Anderson/Happy Joes/John & Rosemary Schreiber for a conditional use permit for property located at 1097 University Avenue to expand the kitchen of Happy Joe's carryoutldelivery restaurant in a C-2 Neighborhood Commercial zoning district. Rick Anderson, 2386 Birchwood Drive, said that he currently leases 500 square feet in the west half of the existing building for his pizza delivery restaurant. He said that the area is currently cramped, and that the restaurant needs more cold storage area and additional room for food preparation. He said that many of the food items must to be hauled in throughout the day because of lack of storage. He said that expansion to the other half of the building will benefit his business with the addition of a rear entrance and additional food preparation and cold storage area. He said that this expansion will not require the addition of deliver vehicles or employees. He said he will not change the customer or pizza delivery accesses, but that food will be delivered to the rear of the building. Staff Member Kritz discussed the existing and proposed floor plans for the restaurant. He noted letters of support submitted by adjacent business owners and stated that a concerned neighbor had contacted him. He discussed the property history and parking requirements, stating that Happy Joe's is leasing parking area for their delivery vehicles from an adjacent business. Board Members discussed the request and felt the expansion of the food preparation and storage areas for the pizza delivery business will have very limited impact on the neighborhood. They recommended no additional conditions. Motion byUrell, seconded by Gasper, to approve the conditional use request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. Minutes - Zoning Board of Adjustment February 25, 2004 Page 4 DOCKET 013-04: Application of Joe Zwack/Main Street Development Co., LLC for a variance for property located at 100 Main Street to open a 110 seat restaurant with 10 employees on the maximum shift, 3 apartments and 2,500 square feet of office space, with a deficit of 19 off-street parking spaces, in a C-4 Downtown Commercial zoning district. Joe Zwack, 9499 Turkey Ridge Road, reviewed his request with the Board and noted that he has attempted in the past to obtain additional off-street parking but there is no property currently available in the area. John Finn, 210 Shelby Street, stated that he is a business owner in the area and that this kind of commercial development creates a symbiotic relationship between all of the businesses in the Old Main District. Mr. Zwack distributed eight letters from area business owners in support of his request. Staff Member Hemenway reviewed the Old Main District history, including past variances granted to businesses in the area, a map showing area businesses and a parking inventory derived from the Old Main parking study. He reviewed the inventory for on and off-street public and private parking in the area. In discussion with the Board, he stated how parking credits and parking demand are calculated for business properties in the Old Main area. Board Members discussed the availability of parking in the Old Main District. Board Members discussed the criteria for granting a variance, and decided that the application met said criteria. Motion by Gasper, seconded by Urell, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 014-04: Application of John Finn/Bill Finn for a variance for property located at 180 Main Street to open a 142 seat restaurant with 12 employees on the maximum shift, with a deficit of 36 off-street parking spaces, in a C-4 Downtown Commercial zoning district. John Finn, 2010 Shelby Street, reviewed the history of variance requests for his property and recent changes to the area that he said have increased the number of new businesses. He stated that there is a diverse mixture of businesses in the area. He said that there is only one exclusive bar, four other businesses that are restaurant/bars and over 20 other non-bar/restaurant businesses in the Old Main area. He reviewed the availability of parking and compared the walking distances of downtown businesses to those of big box retailers on the west side. Mr. Finn reviewed the five criteria for granting a variance, and touched on each criteria. He said the property suffered a singular disadvantage because he did not have the ability to provide parking on-site. He stated that because so few parking credits are available ~ -~-,'" ~-- -_c_--.-. - -"" ----~""--""-' Minutes - Zoning Board of Adjustment February 25, 2004 Page 5 with the former use, that he was not able to make reasonable use of the affected property. He stated that neither he nor the previous owners created this disadvantage but that the historical development pattern at the turn of the century, before the advent of the automobile, was responsible for the deficit of parking. He stated that this request would not grant any special privilege to him because many others businesses in the area have been granted similar requests. He stated that granting the variance would not be contrary to the public interest because it would help the -business atmosphere in the district and have very limited impact on adjacent businesses. Joe Zwack, 9499 Turkey Ridge, spoke in support of the variance request, stating that the development of this area would be beneficial to all area businesses. Linda Herbst, Herbst Upholstery, 76 Main Street, stated that she has concerns regarding the previous two parking variances granted to the Busted Lift. She said one variance was granted for a restaurant that was not developed. She stated that there are additional businesses that are set to open in the area, but they may not be granted variances because all of the parking has been consumed by a few businesses. She said that many of the businesses only have a very small storefront and a small amount of frontage, but consume a large quantity of parking. Ron Helbing, Fischer Companies, 290 Main Street, spoke in opposition to the variance. He stated that the Julien Inn has concerns that patrons of the Busted Lift will use their private parking lot. John Finn stated he has spoken to patrons of his bar explaining that they should not park in the Julien Inn's parking lot. He said he is willing to cooperate with businesses in the area to ensure that their parking lots are not used illegally. Board Members discussed the assumptions made in the downtown parking study. They discussed the inventory of parking, including metered on-street parking spaces and public and private off-street parking spaces. They discussed the amount of spaces available in the parking ramp and its proximity to businesses in the downtown area. Staff Member Hemenway outlined the downtown parking study, including the parking inventory, and he discussed how the parking demands were derived. Board Members reviewed previous variances in the area and how required parking was calculated. Board Members discussed the previous variances granted to the Busted Lift, stating that the initial variance was for a bar/restaurant, but only the bar was developed. Board Members discussed the criteria for granting a variance, and stated they felt Mr. Finn demonstrated that each of said criteria were met. Motion by Urell, seconded by Klauer, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. Minutes - Zoning Board of Adjustment February 25, 2004 Page 6 MINUTES & NOTICES OF DECISION: The minutes of the January 22, 2004 meeting and Notices of Decision for Dockets 110-03, 001-04, 003-04, 004-04, 005-04 and 006-04 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:00 p.m. Kyle L. Kritz, Associate Planner Adopted ~"' u- _._--