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Minutes Zoning Bd Adj 8 26 04 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, August 26,2004 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa 0 FT PRESENT: Chairperson Mike Ruden; Board Members Jim Urell, Bill Gasper and Randy Klauer; Staff Members Kyle Kritz, Guy Hemenway 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. CALL TO ORDER: The meeting was called to order at 4:00 p.m. DOCKET 55-04: Application of Richard & Christy Kies for a special exception for property located at 375 Fremont Avenue to build a deck 3 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Richard Kies stated that he is requesting a special exception for a deck that was built without a permit. He said he purchased the home two months ago and was informed by a neighbor that the deck is too close to the side property line. Staff Member Wernimont reviewed the staff report, noting that Mr. Kies may wish to replace the existing deck in the near future. He stated that the existing deck is approximately 20 years old. He said that he has not received any feedback from adjacent property owners regarding the proposed project. Board Members discussed the request and felt it met criteria for granting a special exception. Motion by Urell, seconded by Klauer, to approve the special exception as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 56-04: Application of Ronald & Carol Jahns for a special exception for property located at 1975 St. Ambrose Street to build a 20 foot by 16 foot detached garage 2 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Ronald Jahns stated that he purchased his home six years ago. He said he wants to tear down an existing rotted and dilapidated garage that is built at right angles to the lot. He stated that his lot is narrow and that he would like to place a 16' by 20' detached garage on the lot two feet from the side property line. He said that the topography at the rear of the yard makes placing the garage further back on the lot difficult. He stated that his neighbor expressed concerns with the potential for his proposed garage to block the view from her kitchen window. Keith Elskamp, 1961 St. Ambrose Street, said that he feels the garage would be too close to their property and may limit the view from the kitchen window. He said the garage could also exacerbate drainage problems in the back yard. He distributed a map of the properties that Minutes - Zoning Board of Adjustment August26,20O4 Page 2 outlined the location of the residences. He stated that he would like the Jahns to move the garage back 10-15 feet from its proposed location. Rebecca Elskamp, 1961 St. Ambrose Street, said that the back yard is continually wet and that the garage will increase the runoff problems. Ronald Jahns said that he did not want to move the garage back because he would have to pave a larger portion of his yard for the access drive. Staff Member Wernimont outlined the staff report, stating that, if approved, the Building Department will require a firewall on the south side of the garage. He recommended that if approved, the Board require that storm water be directed back onto the subject lot. Board Members discussed the request and felt it did not meet the criteria for granting a special exception because it will block the view from the adjacent property. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion was denied by the following vote: Aye - None; Nay - Ruden, Urell, Gasper and Klauer. DOCKET 57-04: Application of Richard Palmer for a special exception for property located at 618 University Avenue to create a single-family unit on a 4,830 square foot lot, 5,000 square foot minimum required, and 0 feet from the side property line, 4 feet minimum required, in an R-3 Moderate Density, Multi-Family Residential zoning district. DOCKET 62-04: Application of Richard Palmer for a variance for property located at 618 University Avenue to sell a garage/unit creating a deficit of 2 off-street parking spaces for a residence at 618 University Avenue, in an R-3 Moderate Density Multi-Family Residential zoning district. Chairperson Ruden stated that the Board would hear Dockets 57-04 and 62-04 simultaneously. Richard Palmer presented his application. He said that he is in the process of purchasing the property from Mr. Ken Birch. Chairperson Ruden stated that the Board would not discuss Building Code requirements for this structure, but just look at the special exception and variance requests. Staff Member Hemenway clarified the request, stating that an illegal unit was built above an existing attached garage. He stated that the applicant is now asking to convert the garage to a dwelling unit which requires a variance for parking, and a special exception for a substandard lot and setbacks. Board Members discussed the status of on and off-street parking in the neighborhood. Board Members discussed the request and felt that the slightly substandard lot and O-foot setback on the east side of the property at 612 University Avenue would have very limited impact on the adjacent residential properties or public safety. Board Members discussed the variance request and felt that a deficit of two off-street parking spaces would have limited impact on parking demand for adjacent residential properties. Minutes - Zoning Board of Adjustment August26,2004 Page 3 Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Ruden, Urell and Klauer; Nay - Gasper. Motion by Klauer, seconded by Urell, to approve the variance request as submitted. Motion carried by the following vote: Aye - Ruden, Urell and Klauer; Nay -Gasper. DOCKET 58-04: Application of David Schmitt for a special exception for property located at 1763 Lea Lane to build a 16 foot by 30 foot attached garage 3 feet from the front property line (Key Corners), 20 feet required, in an R-1 Single-Family Residential zoning district. David Schmitt stated that he would like to build a 16' by 30' attached garage to the side of his house. Staff Member Wernimont outlined the staff report. He stated that the garage would meet the front yard setback from Lea Lane and be built outside the visibility triangle of Lea Lane and Key Corners. Board Members discussed the request and felt it met the requirements for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 42-04: Application of Belltower Community Theatre/Fountain Park LLC for a variance (tabled) for property located at 2728 Asbury Road to expand an existing freestanding sign for a total of 233 % square feet of freestanding signage, 40 square feet maximum permitted, in an OC Office Commercial zoning district. Motion by Gasper, seconded by Urell, to approve the applicant's request to table the variance request until the next regular Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 59-04: Application of Holy Ghost Parish Credit Union/Hagar Enterprises, Inc. for a conditional use permit for property located at 66 W. 32nd Street to allow a credit union in a C-2 Neighborhood Shopping Center zoning district. Loras Kluesner, 440 Maplewood Ct., stated that he represents the Holy Ghost Parish Credit Union. He said that the credit union would like to relocate to the 32nd Street commercial building. He said they would like to remodel the entire structure, add interior walls, eliminate the drive-thru window, and install handicapped accessible entryway and restrooms. He stated that the credit union currently has two employees and 1,300 members. He stated that the credit union may incorporate other credit unions. He said that there is a requirement for three parking stalls for his business, and there is potential to designate 11 parking stalls on the paved lot. Staff Member Kritz stated that the Board has reviewed a conditional use request for this building on two previous occasions. He outlined the property history. He stated that neighborhood concerns often revolved around the drive-thru, which will be eliminated for the credit union. He asked that Board members review the standards for granting a conditional use. Mr. Kluesner said that the credit union hours are from 9:00 a.m. to 5:00 p.m. Minutes - Zoning Board of Adjustment August26,20O4 Page 4 Board Members discussed the request and felt it met the requirements for granting a conditional use. Motion by Urell, seconded by Klauer, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 60-04: Application of Hy-Vee Inc. for a variance for property located at 300-400 South Locust Street to build a new building 0 feet from the east side property line (Harrison Street) and 0 feet from the west side property line (S. Locust Street), 20 feet required for both, in the C-3 General Commercial and LI Light Industrial zoning districts. Randy Downs, representing Hy-Vee Engineering, stated that the Hy-Vee Corporation is requesting a O-foot setback for their new building from both the Locust Street and Harrison Street frontages. He stated that the variance request is the first step in the development process that includes demolition, vacation, relocation of utilities, rezoning and site plan approval. Staff Member Kritz outlined the staff report. He stated that the building will not be uniformly set against the property line but will taper back on both frontages. He stated that the proposed Hy- Vee Building is approximately 70,000 square feet, and a portion of it will be located across the vacated public right-of-way. He stated that a rezoning from LI Light Industrial to C-3 General Commercial for the southern half of the property also is required. Board Members reviewed the criteria for granting a variance, and felt that the proposal met said criteria. Motion by Klauer, seconded by Gasper, to approve the variance request as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 61-04: Application of Steve Smith/Keating & Smith LLC for a variance for property located at 419 N. Grandview to erect a 6-foot by 12-foot (72 square foot) freestanding monument style sign, 40 square feet maximum permitted, in an OC Office Commercial zoning district. Steve Smith presented his application to the Board. He stated that the Grandview Avenue Church facility has the potential for six tenants. He stated currently the facility has three tenant spaces leased. Staff Member Hemenway distributed photos and a GIS rendering of the site. Mr. Smith stated that the additional signage was needed to adequately identify all tenants within the building complex. He stated that the sign would be internally lit and oriented parallel to Grandview Avenue. Mrs. Kathryn Dean, 1765 Bennett Street, spoke in opposition to the sign request. She stated that she felt the sign is not in keeping with the neighborhood and will attract fish bugs. Staff Member Hemenway noted that each tenant space would be allowed one 16-square foot wall-mounted sign. Minutes - Zoning Board of Adjustment August 26, 2004 Page 5 Board Members discussed the potential to reduce the size and number of the wall-mounted signs in exchange for the additional square footage on the freestanding sign. Staff Member Hemenway presented the staff report, noting the OC District sign regulations. He stated that the intent of the OC sign regulations is to allow a freestanding facility identification sign and 16 square foot wall-mounted tenant identification signs to direct patrons from the parking area to each business entrance. Mr. Smith stated that he would agree to limitations on the wall mounted signage in exchange for the 72-square foot freestanding monument-style sign. Board Members discussed the request and felt it met the criteria for granting a variance if conditions were imposed upon the wall-mounted sign age. Motion by Klauer, seconded by Gasper, to approve the sign request with the condition that the premises be limited to three, 16-square foot each, wall-mounted signs. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 63-04: Application of Buesing & Associates/Key City Development, LLC for a conditional use permit for property located along Highway 52 North (Lot 1 & 3 Frommelt Place) to place fill on a designated flood hazard area. Terry Koelker, Buesing and Associates, presented the application. Mr. Koelker stated that after the site is filled, it will be at an elevation of 628 feet. He stated that the Department of Natural Resources has determined that the base flood elevation for the property is 627 feet. He stated filling this location will not alter the drainage pattern. Adjacent property owners approached the table and discussed the proposed fill project with Board Members. They discussed current drainage issues in the area noting that there are existing storm sewer problems at this location. Staff Member Kritz noted that the City Engineering Department has been granted an easement for extension of the storm sewer over the fill property. He stated that the City Engineering Department has studied measures to alleviate some of the flooding problems at this location. He stated that the Department of Natural Resources must also review and approve the proposed fill project. He recommended that the Board review the criteria for granting a conditional use permit. Board Members reviewed the criteria and felt that the proposed fill would not exacerbate existing flooding problems. They noted that the City will initiate measures in the future to alleviate existing storm water problems. Motion by Urell, seconded by Gasper, to approve the Conditional Use Permit as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 64-04: Application of Ed Tschiggfrie for a conditional use permit for property located at 299 E. 9'" Street to allow a retail sales and service business in an HI Heavy Industrial zoning district. Ed Tschiggfrie presented his application. He noted the location of the building. He stated that he has met with Tim McNamara, Lyle Whalen and John Rettenmaier regarding redevelopment Minutes - Zoning Board of Adjustment August 26, 2004 Page 6 of older buildings in this district. He stated that the Zoning Advisory Commission and Zoning Board of Adjustment have allowed residential uses to be located in the warehouse district in the past. He stated that the provision of off-street parking for this facility should not be a problem. Staff Member Hemenway presented the staff report. He stated that a text amendment is currently pending before the Zoning Advisory Commission to allow retail sales and service in an industrial district. He noted the location of the existing parking in relationship to the proposed retail sales establishment. He recommended that the Board consider requiring eight off-street parking spaces on the east side of the building to serve the retail sales use. He discussed the three criteria for granting a conditional use, which include provision of parking, separation of uses, and elimination of conflict between industrial and retail sales patrons. Board Members discussed the conditional use permit, and felt it met the criteria with the condition that adequate parking be provided. Motion by Urell, seconded by Gasper, to approve the conditional use permit with the condition that eight paved, striped, and signed off-street parking spaces be created on vacated Washington Street along the building's east side. Motion carried by the following vote: Aye- Ruden, Urell, Gasper and Klauer; Nay - None. DOCKET 65-04: Application of Michael Till for a variance for property located at 2110 Pasadena Drive to build a 91 foot by 24 foot attached garage 8 feet from the front property line (Hillcrest Road), 20 feet required, in an R-4 Multi-Family Residential zoning district. Mike Till stated that the Board had previously approved his request to build 11 feet from the front property line. He said that after digging for the footings, he discovered that the garage was going to be closer than 11 feet. He asked the Board to approve his request to build the garage eight feet from the front property line. Staff Member Wernimont outlined the staff report, noting that the Board had approved the original variance at this location, but that the applicant was asking to build closer than what was initially approved. He discussed the surrounding land use and stated that the garage did not affect public safety. Board Members discussed the variance request and felt it met the criteria for granting a variance. Motion by Urell, seconded by Gasper, to approve the variance request as submitted. Motion carried by the following vote: Aye - Ruden, Urell, Gasper and Klauer; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the July 22, 2004 meetingn¡nd Notices of Decision for Dockets 49-04, 50-04, 51-04, 52-04, 53-04 and 54-04 w~,:äþpraved as~ submitted. ' c' :~ ,'" ADJOURNMENT: The meeting adjourned at 6:15 p.m. Kyle L. Kritz, Associate Planner Adopted