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Minutes Zoning Bd Adj 9 23 04 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, September 23, 2004 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer and Bill Gasper; Staff Members Guy Hemenway, Kyle Kritz, Wally Wernimont and James O'Brien. ABSENT: Board Member Jim Urell. 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. Chairperson Ruden announced that there were only three board Members present. He said that each case required a unanimous vote of the Board to be approved. He offered any applicant that wished to table their request the opportunity to do so. No applicant chose to table their request. DOCKET 66-04: Application of Robert Pierce for a special exception for property located at 75 Gandolfo Street to build an attached garage/addition 6 1/2 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Bob Pierce said that he wishes to build a 24' by 24' garage with an addition above. He said that the addition will not encroach further than the existing house. He stated that his neighbors have expressed no concerns with the project. Board Members reviewed photographs of the site. Board Member Klauer stated that he is concerned that there is less than a full car length of space in front of the garage. He said a vehicle parked in front of the garage had the potential to block the sidewalk. Staff Member Wernimont stated that the applicant's request is to remove a winged addition and replace it with a garage/addition. He stated that the addition will meet the side yard setback and will not encroach any further than the existing residence. He stated that the garage will provide one additional off-street parking space. 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. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - None. Minutes - Zoning Board of Adjustment September 23, 2004 Page 2 DOCKET 67-04: Application of Robert & Dianne Schumacher for a special exception for property located at 459 S. Grandview Avenue to build a detached garage 2 feet from the north side property line and 2 feet from the rear property line, 6 feet required for both, in an R-1 Single-Family Residential zoning district. Bob Schumacher said that he wants to replace an older detached one-car garage with a new two-car garage. Staff Member Wernimont outlined the staff report stating that the applicant wishes to remove an existing 16' by 13' detached garage and replace it with a new garage that will reorient the garage doors to the south. He stated that this will improve ease of access to the garage. He recommended that storm water be directed away from the adjacent residential property. Board Members discussed the request and stated that the storm water should be redirected. Motion by Klauer, seconded by Gasper, to approve the special exception request with the condition that storm water be directed away from the adjacent residential property. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - None. DOCKET 68-04: Application of Chris & Tim Olson for a special exception for property located at 1090 Grove Terrace to build a deck/shed 0 feet from the south side property line, 6 feet required, in an R-3 Moderate Density Multi-Family Residential zoning district. Chris Olson stated that she wants to build a garden shed for storage directly along the lot line. She stated that the garden shed would be flush with the wall of the house and that she has received Historic Preservation Commission approval for her project. Staff Member Wernimont outlined the staff report, discussing aerial photos of the site and a blueprint of the structure. He stated that the Historic Preservation Commission had approved the project and submitted a letter of support. He discussed the property line location and recent survey of area properties. Board Members discussed the request and felt that the lot line had been clearly established. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - None. DOCKET 69-04: Application of Jeff Morton/Jeff & Janet Mozena for a special exception for property located at 1207 Grove Terrace to build a detached garage 1 foot from the front property line (Highland Place), 20 feet required, in an R-3 Moderate Density Multi-Family Residential zoning district. Minutes - Zoning Board of Adjustment September 23, 2004 Page 3 Jeff Morton reviewed his request, noting that because of the configuration and topography of the property, the proposed location for the garage was ideal. He stated that the proposed building location helps preserve the view from the neighboring home and avoids an existing telephone pole. He stated that access to the proposed garage will be taken from Highland Place, and that there will be approximately 18 feet of space between the garage face and the back of the curb. Staff Member Wernimont reviewed the request, noting the surrounding zoning and required off-street parking for residential uses. He discussed the status of on-street parking in this neighborhood. He said that the garage should not impact visibility from the public right-of- way or adjacent residential property. Board Members discussed the request and felt it met the criteria 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, Gasper and Ruden; Nay-None. DOCKET 42-04: Application of Belltower Community Theatre/Fountain Park LLC (tabled) for a variance for property located at 2728 Asbury Road to expand an existing freestanding sign for a total of 233 Y:z square feet of freestanding signage, 40 square feet maximum permitted, in an OC Office Commercial zoning district. Board Members unanimously tabled Docket 42-04 at the applicant's request. DOCKET 70-04: Application of Jerry & Janel Maro for a variance for property located at 2408 Central Avenue to install a 3 foot by 5 foot projecting sign with a 60 inch projection into the public right-of-way, 0 inches permitted, in a C-2 Neighborhood Shopping Center zoning district. Jerry Maro, 10366 Timothy Street, Key West, presented his application. He stated that he is seeking approval for a sign that has already been installed. He stated that the sign contractor indicated that the structure had been approved by the Building Department and subsequently installed the sign. He stated that the projecting sign improves his business's visibility from Central Avenue. Staff Member Hemenway presented the staff report. He noted that Advanta Sign Company submitted a sign permit, but installed the sign prior to review and approval of said permit. He stated that most C-2 properties are built well away from the property line with parking in front, but that in this area, all the buildings are built up to the front lot line. He stated these buildings cannot display a projecting sign because of their proximity to the right-of-way. He stated that the buildings on either side of the subject property have projecting signs that are grandfathered. Minutes - Zoning Board of Adjustment September 23, 2004 Page 4 Board Members discussed the request, and felt it met the criteria for granting a variance. Motion by Gasper, seconded by Klauer, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay- None. DOCKET 71-04: Application of Carter Newt/Gary Newt appealing staffs interpretation that storage tanks cannot be added in the Port of Dubuque Planned Unit Development. Board Members decided to here both Dockets 71-05 and 72-04 simultaneously and vote on each separately. DOCKET 72-04: Application of Carter Newt/Gary Newt appealing staffs interpretation that a warehouse building cannot be constructed in the Port of Dubuque Planned Unit Development. Chairperson Ruden reiterated that there are only three Board members present and that the applicant needs all three votes to uphold his appeal. He said that the applicant could request his appeal be tabled to a later meeting. Board Members discussed the possibility of tabling the appeal if it appears as though it would not be approved. The applicant indicated that he would prefer that the matter be considered today. Chairperson Ruden stated that he would like to hear both appeals concurrently and then vote separately on each. Chairperson Ruden noted the process for hearing an appeal. Carter Newt, 441 Y:z Bluff Street, said he represents Dubuque River Terminals and Newt Marine Service. He said his request is to add storage tanks. He stated that storage tanks are not allowed in the existing Port of Dubuque Planned Unit Development (POD/PUD). He stated that the property was formerly used for storage tanks and that new storage tanks would be a continuation of a pre-existing non-conforming use. He stated that Newt Marine Service had planned to build the storage tanks and warehouse for a long period of time. Chairperson Ruden noted that Newt Marine had received site plan approval to build a storage facility in 1993. Staff Member Kritz outlined staffs position regarding the addition of a storage building and storage tanks. He noted the property history, stating that a site plan for a proposed warehouse was approved in 1993, but that Newt Marine did not follow through with a request for a building permit. Staff Member Kritz noted that site plan approval lapses after two years, at which time it becomes null and void. Staff Member Kritz discussed the existing zoning of the property, and POD/PUD regulations for Zone B. He cited the POD/PUD regulations regarding reconstruction of non-conformities that had been destroyed. He stated that neither of the proposed projects are permitted uses. He stated that the original tanks at this location had been removed Minutes - Zoning Board of Adjustment September 23, 2004 Page 5 previously. He stated that all property owners were notified of the Port of Dubuque Planned Unit Development rezoning. Mr. Newt stated that he had not been given ample time to build a warehouse facility prior to the zoning change. Staff Member Kritz noted that no building permit was pulled between 1993 and 1995 for the warehouse building. Assistant City Attorney James O'Brien noted that the non-conforming structures were removed prior to creation of the POD/PUD ordinance. He noted that once the structures were removed, they lost their non-conforming status and could not be replaced. He noted that the area proposed for the warehouse facility is currently being used as outdoor storage, and that construction of a warehouse building would be an intensification of the storage use. Board Members discussed the request, noting that the Port of Dubuque Planned Unit Development language was clear in that it prevented reconstruction of non-conformities. Board Member Gasper stated that to find for the applicant would mean that the Board was undertaking a rezoning. Board Members agreed with staff's denial of a building permit for construction of tanks and a warehouse within the Port of Dubuque Planned Unit Development because they are not a permitted use, and not a permissible continuation of a legal pre-existing non-conforming use. Docket 71-04 - Motion by Gasper, seconded by Klauer, to affirm staffs refusal to issue a building permit. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - None. Docket 72-04 - Motion by Gasper, seconded by Klauer, to affirm staffs refusal to issue a building permit. Motion was approved by the following vote: Aye - Klauer, Gasper and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the August 26, 2004 meeting and Notices of Decision for Dockets 55-04,56-04,57-04,58-04,59-04,60-04,61-04,62-04, 63-04, 64-04 and 65-04 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:00 p.m. Kyle L. Kritz, Associate Planner Adopted