Minutes_Zoning Board of Adjustment 5 26 11Masterpiece on the Mississippi
Dubuque
2007
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, May 26, 2011
City Council Chamber, Historic Federal Building
BE
Board Members Present: Vice - Chairperson Randy Klauer; Board Members Jeff
Cremer, Bill Gibbs and Heath Hutchinson; Staff Members Guy Hemenway and Wally
Wernimont.
Board Members Excused: Chairperson Mike Ruden.
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 by Vice - Chairperson Klauer at 4:05
p.m.
MINUTES: Motion by Gibbs, seconded by Cremer to approve the minutes of the April 28,
2011 meeting. Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson
and Gibbs; Nay — Nay - None.
VARIANCES:
DOCKET 31 -11: Application of Dave Kluck / Dave Scmitt, Dubuque Sign Co. for a
variance for property located at 30 Main Street to install a wall mounted sign with a 72
inch projection, 18 inches maximum permitted, in a C -3 General Commercial zoning
district.
Keith Wolff, Dubuque Sign, said he represented Dave Schmitt of Easy Street and Dave
Kluck. He explained that there is not a lot of wall area to accommodate a wall- mounted
sign. He said that the sign will be lighted to help make it more visible at night.
Vice - Chairperson Klauer asked about other signage on the building. Mr. Wolff noted
that there is a non - illuminated panel located on the north side of the building facing
Highway 151/61/52.
Staff Member Hemenway explained the sign requirements for the C -3 General
Commercial zoning district. He noted the location of other C -3 zoning districts in the
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May 26, 2011
Page 2
City. He said that C -3 zoning is typically located along major arterials with highway
oriented businesses. He explained that businesses in a C -3 District typically have their
buildings set back away from the roadway with a parking lot located in front. He said
that this is a unique situation in which the existing building is located very close to the
front property line. He said that the Board has the ability to place a condition that no
more wall- mounted or free - standing signs be allowed on the site as a condition of the
variance.
No one spoke in opposition to the request.
Motion by Gibbs, seconded by Cremer, to approve the sign variance, as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson and Gibbs; Nay
— None.
SPECIAL EXCEPTIONS
DOCKET 25 -11: Application of Martin Robinson for a special exception for property
located at 2214 Hoyt Street to build a 24 foot by 24 foot attached garage, 2 feet from
the front property line, 20 feet required, in an R -1 Single - Family Residential zoning
district.
Martin Robinson outlined his request to the Board. He said that he wants to park his
vehicles off of the street and to improve traffic flow through the neighborhood. He said
he wants to expand an existing single -car garage to accommodate a second vehicle.
He described the design of the garage.
Vice - Chairperson Klauer asked about the proximity of the garage to the retaining wall.
Mr. Robinson said that the garage will be back a little bit from the front of the retaining
wall. He said that the original garage will be used for storage of lawn mowing and
snow blowing equipment. The Board and applicant discussed the distance from the
street to the garage.
Staff Member Wernimont distributed photos of the site. He noted that Hoyt Street is a
one block dead -end street. He said that he has not received any input from the
adjacent property owners regarding the request. He said that the location of the
garage will not impact visibility to the sidewalk and street from the adjacent properties.
Motion by Gibbs, seconded by Cremer, to approve the special exception request.
Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson and Gibbs; Nay
— None.
Zoning Board of Adjustment
May 26, 2011
Page 3
DOCKET 26 -11: Application of Edward & Johanna Boettner for a special exception for
property located at 2065 N. Grandview Avenue to build a three - season room 1 foot 6
inches from the rear property line, 20 feet required, in an R -1 Single - Family Residential
zoning district.
Ed Boettner, 2065 N. Grandview Avenue, outlined his request to the Board. Board
Member Gibbs asked for clarification of the building design. Mr. Boettner discussed the
building design and the surrounding property layout.
Board Member Gibbs noted that the porch would not impact the neighbors' property
due to the lot configuration. Vice - Chairperson Klauer noted that Mr. Boettner must
clearly demonstrate to the Building official the location of the property line. Mr.
Boettner said that he has found the property pins and has a copy of the original plat.
Mr. Boettner said that he has spoken with neighbors and said that they expressed no
concern over the proposed three - season addition.
Staff Member Wernimont distributed photos of the site to the Board. He reiterated the
special exception request. He described the history of the subdivision and how the
subject lot was created. He explained that the lot has a very shallow depth because of
the subdivision of a larger lot.
Motion by Gibbs, seconded by Hutchinson, to approve the special exception, with the
recommendation that the owner clearly demonstrate the lot line location to the Building
official or obtain a survey. Motion carried by the following vote: Aye — Klauer, Cremer,
Hutchinson and Gibbs; Nay — None.
DOCKET 27 -11: Application of James & JoAnn Weitz for a special exception for
property located at 1875 Hummingbird Drive to build a storage shed 0 feet from the
rear property line and 0 feet from the west side property line, 6 feet required for both
setbacks, in an R -1 Single - Family Residential zoning district.
Jim Weitz, 1875 Hummingbird Drive, said he is proposing to build a 10 foot by 10 foot
shed on a 12 foot by 12 foot platform. He said that he currently maintains the property
between his rear fence and the creek. He showed photos of the creek illustrating
various degrees of maintenance of properties along the creek.
Staff Member Hemenway distributed photos of the site to the Board.
Vice - Chairperson Klauer asked about the location of the property line. Mr. Weitz said
that he had Steve Fuerst help him locate the property line. He said that the fence is
located on the property line.
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May 26, 2011
Page 4
The Board and applicant discussed the location of the property line.
Mr. Weitz noted that the shed will be a plastic store bought shed. Board Member Gibbs
asked about the possibility of moving the shed in two feet from both property lines. Mr.
Weitz said that it could be done; however, he wants to have more of the yard available.
He did not want to deal with maintenance of the two feet of lot area around the
platform.
Greg Wollmuth, 1885 North Court, said that he does not have a problem with the
location of the shed if a survey is obtained. He said that he thought that the creek is
the property line.
The Board noted that it appears that the property line is actually on the other side of
the creek.
Mr. Weitz and Mr. Wollmuth approached the table and referred to some photographs of
the site. The Board discussed with Mr. Wollmuth and Mr. Weitz the location of the rear
property line. Mr. Weitz noted that the fence is located close to the rear property line.
Staff Member Hemenway reiterated the request. He explained that the Board has the
ability to require a survey. He said that the Board can look at the value of the structure
and the cost to incur a survey. He explained that a prefab vinyl shed can easily be
removed as opposed to a building addition. He recommended that a survey be
obtained or that the applicant clearly demonstrate to the building official the location of
the property line.
Motion by Gibbs, seconded by Cremer, to approve the special exception request, with
the condition that the applicant obtain a survey or clearly demonstrate to the building
official the location of the property line by finding the property pins. Motion carried by
the following vote: Aye — Klauer, Cremer, Hutchinson and Gibbs; Nay — None.
CONDITIONAL USE PERMITS:
DOCKET 28 -11: Application of Operation: New View Community Action Agency / City
of Dubuque for a conditional use permit for property located at 1805 Central Avenue to
open a licensed child care center with 31 children and 6 employees on the maximum
shift, in a C -4 Downtown Commercial zoning district.
Tom Stovall, Executive Director of Operation New View, introduced Peggy Hanniford
and discussed the conversion of the first floor of the former City Housing Services
Department to a licensed child care center. He explained that the child care facility will
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May 26, 2011
Page 5
have a maximum of 31 kids and 6 employees. He said that they are required to obtain
a license with the State to operate a child care center.
Vice - Chairperson Klauer questioned the play area location and potential parking issues.
Staff Member Wernimont distributed photos of the site. He outlined the request noting
that a State license is required and said that there is adequate off- street parking and
drop -off area for the proposed licensed child care center.
Motion by Gibbs, seconded by Hutchinson, to approve the conditional use permit, as
submitted. Motion approved by the following vote: Aye – Klauer, Cremer, Hutchinson
and Gibbs; Nay – None.
DOCKET 29 -11: Application of Daniel McNamer for a conditional use permit for
property located at 1867 Phyllrich Drive to allow a home -based firearms mail order and
repair business in an R -1 Single- Family Residential zoning district.
Daniel McNamer, 1867 Phyllrich Drive, said that he would like to start a home -based
business selling firearms. He said that he will only have his guns in the home —not gun
powder or munitions. He said that a majority of the business will be done online. He
explained that he needs to comply with Federal Firearms requirements to obtain a
dealer's license.
Staff Member Hemenway distributed photos of the site to the Board. Vice - Chairperson
Klauer referred to two letters of opposition that were included in the packet. The Board
reviewed the letters of opposition.
Staff Member Hemenway presented the staff report. He explained that Mr. McNamer is
proposing to open a mail order firearms sale and firearms /repair business. He
explained that the property needs to meet the requirements for a home -based business
in order to obtain a conditional use permit. He said that the property is located in a
residential parking permit district. He said that this will limit customer parking in the
neighborhood. He recommended that the Board review the criteria for granting a
conditional use permit.
Vice - Chairperson Klauer said that the Board can limit the hours of operation. He
discussed limiting on -site business activities between 8:00 a.m. and 5:00 p.m. The
Board discussed hours of operation for the business. They discussed limiting the hours
between 8:00 a.m. and 6:00 p.m.
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May 26, 2011
Page 6
Staff Member Hemenway explained that the application noted that contact on site
would be by appointment only.
Motion by Gibbs, seconded by Hutchinson, to approve the conditional use permit with
the condition that hours of operation be from 8:00 a.m. to 6:00 p.m. for the delivery,
pickup and service of firearms on site. Motion carried by the following vote: Aye —
Klauer, Cremer and Hutchinson; Nay — Gibbs.
DOCKET 30 -11: Application of Matthew & Ginger VanderBroek for a conditional use
permit for property located at 1865 Horizon Court to keep 4 hens in an R -1 Single -
Family Residential zoning district.
Ginger VanderBroek, 1865 Horizon Court, said that they are proposing to raise chickens
in a chicken coop on their property.
Board Member Hutchinson asked if they are going to have roosters. Ms. VanderBroek
said that they will not be raising roosters.
Board Member Gibbs asked about the size of the lots in the neighborhood.
Staff Member Hemenway distributed photos of the site to the Board. The Board
discussed the conditional use permit criteria. The Board asked the applicant why they
are proposing to raise chickens. Ms. VanderBroek said it is for educating their children
and for sustainability. She explained that the chicken coop would be enclosed and the
chickens would be allowed to run from 7:00 a.m. until dusk.
Anthony Kluesner, 1896 Carter Road, spoke in opposition to the request. He had
concerns with property values and the impact on the sale of this house. He said that
his house will only be 140 feet from the coop.
Kathy Walsh, 1855 Horizon Court, spoke in opposition to the request. She referred to
the criteria for granting a conditional use permit. She noted the size of the lot, the use
and enjoyment of the property in the immediate area and property value as reasons for
denial of the conditional use permit. She said they moved to the area because it was a
quiet neighborhood. She said she did not move to the neighborhood to live next to
livestock. She said that the Zoning Board of Adjustment had approved a conditional use
permit for chickens in the city; however, that was on an 8 -acre lot. She referred to a
petition in opposition to the request.
Mrs. VanderBroeck rebutted. She said that she has done research on chickens. She
said that smell is directly related to how the property is kept and the number of
k
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May 26, 2011
Page 7
chickens. She said that the shed will look more like a dog run, and that there will be
routine cleaning of the structure.
Staff Member Hemenway presented the staff report. He referred to letters of
opposition that had been submitted to the Board. He explained that the Zoning Board
of Adjustment has approved the keeping of hens on a property that is 8 -acres in size.
He said, however, the chicken coop on the 8 -acre lot was similar in proximity to
adjacent properties and structures. He discussed the location of the chicken coop. He
explained the City developed the conditional use permit criteria for the keeping of hens
by limiting the number of chickens to 4 and by not allowing roosters to help mitigate
the possible impacts on the neighboring properties. He recommended that the Board
review the criteria for granting a conditional use permit.
The Board reviewed the criteria for granting a conditional use permit. Board Member
Hutchinson said that he used to own a property next to a neighbor with a chicken coop.
He said that he had problems selling his home and issues with noise and smells from
the chicken coop. He explained that he feels that the conditional use permit does not
meet Criteria F, G and H.
Board Member Gibbs agreed with Board Member Hutchinson. Board Member Cremer
referred to staff's comments about the criteria for setting conditions for keeping of hens
in the City. He said that he feels the application does meet the criteria for granting a
conditional use permit.
Motion by Gibbs, seconded by Cremer, to approve the conditional use permit. Motion
denied by the following vote: Aye — Cremer; Nay — Klauer, Hutchinson and Gibbs.
ADJOURNMENT: The meeting adjourned at 5:37 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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