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Minutes Zoning Bd Adjust 10-28 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, October 28, 2004 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11 th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell and Bill Gasper; Staff Members 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 73-04: Application of Charles Scardino for a special exception for property located at 3471 Glen Cove to build a storage shed 0 feet from the east side property line, 6 feet required, and 14 feet from the front property line (Glen Cove), 20 feet required, in an R-1 Single-Family Residential zoning district. Charles Scardino stated that he has placed a 6' by 7' utility shed along his fence line. He asked that the Board waive the 6-foot side yard setback requirement. He stated that Engineering has looked at his project and has no concerns. Chris Chid ley, 685 Westridge Street, said that he is Mr. Scardino's neighbor and that he supports his request. Staff Member Wernimont said that Mr. Scardino's request is to place a prefabricated plastic storage shed along the property line. He stated that the property line is clearly delineated by the fence. He said that Mr. Scardino's property has three frontages; therefore, three 20- foot setbacks, which make it difficult to site a storage building. He said that he received no objections from adjacent property owners. Board Members discussed the request and felt that it met the requirements for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. DOCKET 74-04: Application of Leo Sullivan for a special exception for property located at 30 W. 28th Street to build a 14 foot by 20 foot detached garage 10 feet from the front property line, 20 feet required, in an R-2AAlternate Two-Family Residential zoning district. Minutes - Zoning Board of Adjustment October 28, 2004 Page 2 Leo Sullivan presented his application and distributed an engineering report regarding the stability of a rock wall and embankment on the subject property. Staff distributed photos of the site. Board members discussed the location of the embankment with the applicant. Mr. Sullivan noted that there is a large parkway between his front property line and the edge of pavement. Staff Member Hemenway presented the staff report, noting setback requirements for garages in an R-2A district. He stated that to require the garage to be setback 20 feet would mean additional excavation into the hillside. He stated that a car could park in front of the garage and not overhang the edge of pavement. He said that there is no sidewalk at this location. Staff Member Hemenway distributed. a letter from Kenneth J. Wilson, an adjacent property owner, which noted concerns for the stability of the embankment and also a request for a survey and fence. Board Members discussed Mr. Wilson's letter and stated that the applicant's request is to slide the garage closer to the front property line and farther away from the embankment. Board Members stated that this would reduce the amount of excavation necessary for the building project and, therefore, reduce the amount of erosion that would occur. Board Members discussed the request and felt it met the requirements of granting a special exception. Motion by Gasper, seconded by Urell, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. DOCKET 75-04: Application of Mary Lou & Randall Rogers for a special exception for property located at 616 E. 22nd Street to add a deck 2 feet from the front property line (E. 22nd Street), 20 feet required, and 2 feet from the east side property line, 3 feet required, and to cover 64% of the lot with structure, 50% maximum permitted, in an R-2A Alternate Two-Family Residential District. The applicant was not in attendance. Staff Member Wernimont stated that the applicants wish to extend their deck the full length of their house. He stated that there are many other non-conforming structures in this neighborhood that are built up to the front property line and consume a large portion of the lot. He stated that there are no driveways adjacent to this property and that there are no traffic safety issues regarding this project. He said that the porch will not block the view from adjacent residences. Board Members discussed the request and felt it met the requirements for granting a special exception. Minutes - Zoning Board of Adjustment October 28, 2004 Page 3 Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. DOCKET 76-04: Application of Jymie Lyons for a special exception for property located at 2485 Roosevelt Street to build a 24-foot by 20-foot detached garage for a total of 1,680 square feet of accessory structures, 1,000 square feet maximum permitted, in an R-1 Single-Family Residential zoning district. Jymie Lyons stated that he wants to build a 24-foot by 20-foot garage with paved driveway access from Roosevelt Road. Board Members reviewed the site plan and photos of the project. He stated that he wishes to keep an existing garage, in which he will store an antique car. He stated that the existing garage is difficult to access in the winter because it is up a steep drive. Staff Member Wernimont stated that the applicant's two accessory structures will total 1,686 square feet, where 1,000 square foot maximum is permitted in an R-1 District. He said that he spoke with two adjacent property owners, and they expressed no concerns with the project. He stated that the new garage will be angled on the lot and accessed from an existing curb cut with a paved drive. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. DOCKET 77-04: Application of Keith Kann for a special exception for property located at 255 Villa Street to build a detached garage 18 feet in height, 15 feet maximum permitted, in an R-1 Single-Family Residential zoning district. Board Member Randy Klauer excused himself from the table. Keith Kann stated that he wishes to build a garage that will exceed the 15-foot height requirement. Randy Klauer, 2437 Matthew John Drive, stated that he is the contractor assisting Mr. Kann with his proposed garage. He stated that a lot consolidation will be necessary in order to place the garage on the same lot as the principal structure. He said that although the request is to build a garage 18 feet in height, the schematic indicates that the garage will be 16'3" in height. He provided photos of the site and elevations of the proposed garage. Staff Member Hemenway presented the staff report, noting that the garage will be 20 feet wide and 50 feet long and will be set back six feet from both side property lines. He stated Minutes - Zoning Board of Adjustment October 28, 2004 Page 4 that the nearest structure, which is a four -plex, is 45 feet away and approximately four feet above the grade of the garage. He stated that the garage should not limit visibility because there is currently a garage at this location along with existing vegetation. He noted that a paved drive will be required and that a lots must be consolidated prior to issuance of a building permit. Board Members discussed the request, reviewed the topographical map of the area, and felt that the additional garage height would have very little impact on adjacent residential properties. Motion by Gasper, seconded by Urell, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Urell, Gasper and Ruden; Nay - None; Abstain - Klauer. DOCKET 78-04: Application of Harry & Margaret Blewett for a special exception for property located at 125 S. Grandview Avenue to build a garage/deck 3 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Harry Blewett stated that he wants to build a 20-foot by 24-foot attached garage, which will be accessed from an existing driveway along the side of his home. He stated that Schneider Land Surveying has surveyed his property. He stated that the garage would be flat roofed with a deck on top. He said that his property line runs at an angle to the house and the closest portion of the garage will be three feet and the furthest portion will be five feet from the side property line. Staff Member Wernimont outlined the staff report and discussed the site topography. He stated that the property adjoins the Dubuque Golf and Country Club. He said that he received no input from adjacent property owners. Board Members discussed the request and felt that it met the requirements for granting a special exception. Motion by Urell, seconded by Gasper, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, 'Urell, Gasper and Ruden; Nay - None. DOCKET 42-04: Application of Belltower Community Theatre/Fountain Park LLC for a variance for property located at 2728 Asbury Road to expand an existing freestanding sign for a total of 233 11:. square feet of freestanding sign age, 40 square feet maximum permitted, in an OC Office Commercial zoning district. The variance application was tabled at the applicant's request. Motion by Klauer, seconded by Urell, to table the request the motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. Minutes - Zoning Board of Adjustment October 28, 2004 Page 5 DOCKET 79-04: Application of Sergio Enrique/UPS for a variance for property located at 2550 Kerper Boulevard to allow 2,052 square feet of impervious area, where 18,000 square feet minimum is required, in an HI Heavy Industrial zoning district. The application was tabled at staff's request. Motion by Klauer, seconded by Urell, to table the request. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. DOCKET 80-04: Application of Pizza HuURainbo Oil for a variance for property located at 320 E. 20m Street to place two signs above the eaves in a C-2 Neighborhood Shopping Center zoning district. Dan Sacco, 2430 Knob Hill, stated that he is the manager of Pizza Hut. He said Pizza Hut has recently remodeled its building at 320 E. 20th Street. He stated that the existing channel letters have been removed and he would like to replace them with cabinet-style internally lit signs. He said the original signs were lit with floodlights on the building. Staff Member Hemenway presented photos of the site to the Board. He noted that current zoning regulations do not allow roof-mounted signs. He said once the channel letters were removed from the roof, the signs lost their grandfather status. He stated that the building design; however, is meant to accommodate roof-mounted sign age and that wall-mounted signage below the eaves would cover windows and not be visible from the right-of-way. 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. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the September 23, 2004 meeting and Notices of Decision for Dockets 66-04, 67-04, 68-04, 69-04, 70-04, 71-04 and 72-04 were approved unanimously as submitted. ITEMS FROM BOARD: Board Members expressed concern that a fifth Board Member has not been found to fill the vacancy of Bill Felderman. Staff noted that while City staff is not allowed to recruit, Board Members could recruit. ADJOURNMENT: The meeting adjourned at 5:00 p.m. . ~ , Kyle L. Kritz, Associate Planner Adopted c' --.