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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, June 23, 2011
City Council Chamber, Historic Federal Building
Board Members Present Chairperson Mike Ruden; Board Members Randy Klauer, Jeff
Cremer, Heath Hutchinson and Bill Gibbs; Staff Members Matthew O'Brien, Guy Hemenway
and Wally Wernimont
Board Members Excused: None.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Cpen Meetings Law.
CALL TO ORDER: The meeting was called to order at 4:00 p.m.
MINUTES: The minutes of the May 26, 2011 meeting were approved unanimously, as
submitted.
SPECIAL EXCEPTIONS
DOCKET 32 -11: Application of Nick & Sarah Ryan for a special exception for property
located at 459 Tamarack Court to build a 6 foot high fence along the front property line
(Cedar Cross Road), when 4 feet high maximum is permitted, in a PR Planned Residential
zoning district.
Nick Ryan introduced his wife, Sarah, and stated that they have built a 6 foot high fence in
their rear yard along Cedar Cross Road without knowing that therewere height limits for the
fence. He said that a 6 foot high fence is necessary to help block the noise and headlights
from passing traffic. He submitted a letter of support from an adjacent property owner and
the home owner's association.
No one spoke in opposition to the request.
Staff Member Matt O'Brien reiterated the request. He noted that the fence would not block
the view for vehicular traffic or the view from the front of the adjacent residential structures
to the street.
Board Member discussed the request and felt itmet the criteria for granting a special
exception.
Zoning Board of Adjustment
June 23, 2011
Page 2
Motion by Klauer, seconded by Gibbs, to approve the speci exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Gibbs and Ruden;
Nay — None.
DOCKET 33 -11: Application of Lucas & Taresa David for a special exception for property
located at 469 Tamarack Court to place a 6 foot high fence along the front property line
(Cedar Cross Road), 4 feet maximum permitted, in a PR Planned Residential zoning district.
Taresa David, 469 Tamarack Court, outlined her request. She said she would like to block
the lights and noise from vehicles that are accessing East Dubuque Savings Bank's parking
lot. She also said she would like to secure her yard for her children.
No one spoke in opposition to the request.
Staff Member O'Brien outlined the request. He noted that the lot is a thrigh lot and stated
that the fence would not block the view from adjacent residential properties or affect the
visibility for vehicles.
The Board members discussed the request and felt itmet the criteria for granting a special
exception.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Gibbs and Ruden;
Nay — None.
NOTE: Commissioner Heath Hutchinson entered the meeting at 4:10 p.m.
DOCKET 34 -11: Application of Thomas Teal for a special exception for property located at
1117 Rhomberg Avenue to build a 6 foot high fence along the front property line (Fengler
Street), 4 feet high maximum permitted, in an I�2A Alternate Two-Family Residential zoning
district.
Thomas Teal, 1117 Rhomberg Avenue, said that he would liketo place a 6 foot high fence
along the Fengler Street side of his lot and also between his property and his neighbor's
property. He said that the fence will be vinyl and a solid design.
Staff Member O'Brien outlined the request. He noted that the proposed fence would not
block the view for vehicular traffic or block the view from the neighbor's to the street.
The Board members discussed the request and felt it is appropriate.
Zoning Board of Adjustment
June 23, 2011
Page 3
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs
and Ruden; Nay — None.
DOCKET 35-11: Application of Steve Lutgen for a special exception for property located at
840 Walker Street to add a 10 foot wide garage addition, one foot from the front property
line (Inwood Street), 20 feet minimum required, in an R1 Single - Family Residential zoning
district.
Steve Lutgen, 840 Walker Street, outlined his request. He said that he would like to extend
his garage over a paved area along the side of his house. He said it will enablehim to store
his garden tractor and other items. He said he will continue to use theexisting driveway
access for the garage.
Board Member Klauer clarified the garage setback with staff.
Laura Potter, 842 Walker Street, expressed concerns withtraffic safety specifically as it
regarded visibility at the corner. The Board discussed the visibility at the intersection of
Walker and Inwood Streets. They noted that the garage will be st back well behind the
visibility triangle. Ms. Potter expressed additional concerns with the potential loss of green
space on the lot.
Roberta Potter, 890 Walker Street, said that she did not receive notification regarding Mr.
Lutgen's request. She said that neighborhood aesthetics are important to her. She said
that Mr. Lutgen could redesign his project so as to place the garage behind the structure.
She said that she is opposed to special exception.
Mr. Lutgen said that placing a garage along the side of the building is his preferred design.
He said that there will be plenty of green space left over in his yard.
Board Member Gibbs clarified the building design and noted thatthe residence is an
extended ranch.
Staff Member Wernimont outlined the staff report. He clarified theCity's policy regarding
notification informing the neighbors that only adjacent property owners receive written
notification. He noted that if Mr. Lutgen's project is approved, the total area of his
structures would cover less than 20% of his yard versus the 40% permitted under R-1
District guidelines. He noted that there should be no public safety issue regarding vehicular
visibility at the corner even if Inwood Street were to be improved. He said that the garage
addition will be located below the grade of Inwood Street and well outside of the visibility
triangle. He said that he would notify the Engineering Department about the concern
expressed by the neghbors regarding landscaping in the public right -of -way at the corner of
Inwood and Walker Streets.
Zoning Board of Adjustment
June 23, 2011
Page 4
Board Member Klauer read the special exception criteria. Board members said they felt that
the request meets said criteria.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs
and Ruden; Nay — None.
DOCKET 36-11: Application of Cindy & Mark Hermsen for a special exception for property
located at 620 Piper Court to build an attached porch /deck 13 feet 6 inches from the rear
property line, 20 feet required, in an Fl. Single - Family Residential zoning district.
Cindy & Mark Hermsen, 620 Piper Court, addressed the Board. They outlined therequest to
build a porch and deck with the gazebo. Mr. Hermsen said that the deck will be an open
design with an octagon component at one end that will accommodate a screened gazebo.
Chairperson Ruden asked for design clarification. Mr. Hermsen submitted a drawing
showing an elevation of the project.
Staff Member Wernimont reiterated the requeststating that there would be a gazebo at the
northeast end of the deck. He noted a letter submitted by the adjacent property owners
opposed to the original limited setback waiver requested by the Hermsens. He discussed
the topography of the site and said that the proposed deck will not block the views from
adjacent properties or impact public safety.
The Board members discussed the request and felt itmet the criteria for granting a special
exception.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs
and Ruden; Nay — None.
DOCKET 37 -11: Application of Tim & Christina Conlon for a special exception for property
located at 480 Wartburg Place to allow a 1,252 square foot detached accessory building,
1,000 square foot maximum permitted; 22 feet in height, 15 feet maximum permitted, with
848 square feet of gross dwelling unit floor area, 600 square feet maximum permitted, in an
R -1 Single - Family Residential zoning district.
Board Member Ruden noted that the Board would discuss Dockets 3711 and 38 -11 for 480
Wartburg Place simultaneously and vote on each docket separately.
Christina Conlon, 480 Wartburg Place, stated that they have removed a deteriorated old
garage and are planning to build a new garage at the same location. She said the upstairs
Zoning Board of Adjustment
June 23, 2011
Page 5
of the garage will be primarily used for storage. She said that they would like to include
plumbing and electrical on the second floor to accommodate possible living space for guests
and children. She said that they do not intend to use the second story space for guests
very often.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He noted the area and size
requirements for accessory structures and accessory units in an R1 District. He discussed
the floor area requirement noting that the special exception request is to waive building
height, square footage and floor area for the accessory dwelling unit. He said that if the
Conlons choose to create habitable space on the second floor they are required to be
granted a conditional use permit. He noted that the subject lot is large and that the
proposed carriage house will be in excess of 200 feet from both the public rightof -way and
the adjacent residential property. He said that all other bulk standards, including parking
requirements, will be met.
Board members discussed the requestand felt that because of the size of the property and
the distance of the proposed garage from the adjacent lots and the public right -of -way that
the special exception and conditional use permits are appropriate.
Motion by Klauer, seconded by Gibbs, to approve the special exception request, as
submitted. Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs
and Ruden; Nay — None.
CONDITIONAL USE PERMITS:
DOCKET 38 -11: Application of Tim & Christina Conlon for a conditional use permit for
property located at 480 Wartburg Place to allow an accessory dwelling unit in an R-1 Single -
Family Residential zoning district
Docket 38 -11 was discussed as part of the Special Exception request for Docket 37-11.
Board members felt the request met the criteria established for granting a conditional use
permit.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, as submitted.
Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs and Ruden;
Nay — None.
DOCKET 39 -11: Application of Rick Worcester / Premier Bankfor a conditional use permit
for property located at 371/373 Bluff Street to operate a coffee shop /bar in an OC Office
Commercial zoning district
Zoning Board of Adjustment
June 23, 2011
Page 6
Rick Worcester, 373 Bluff Street, slated that he is the owner of Monk's. He said he would
like to sell spirits at the pub.
Mike Siegert, 391 Bluff Street, said that his building is located directly adjacent to Monk's.
He said that he owns Shamrock Jewelers and that there are three residential units above
the jewelry store. He spoke in favor of the request stating that Monk's has been a good
neighbor and that he is concerned wth the conversion of businesses into residential
properties in Cable Car Square.
Ellen Goodmann Miller, 421 W. 3r Street, stated that she is a neighbor and that her back
yard adjoins Monks property. She spoke in favor of the request stating that Monk's is a
good neighbor, is a family oriented business, and that maintenance of commercial space in
Cable Car Square is vital to the overall economic health of the area.
John Blocker, 454 W. 4" Street, said that he has lived in the neighborhood for 11 years. He
said that he is in favor of the request noting that Mr. Worcester has made a number of
improvements to the property and that he has always been a good neighbor.
Staff Member Hemenway outlined the property history discussing the original conditional
use permit for the coffee shop and noted that thee have been a number of changes to the
business. He said that the original conditional use permitlimited alcohol sales to wine and
beer. He said Mr. Worcester's requestis to modify the original conditional use permit to
allow the sale of spirits, in addition to wine and beer.
The Board members discussed the request and felt that it is appropriate.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, as submitted.
Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs and Ruden;
Nay — None.
DOCKET 40 Application of Mark Lightcap / Dan Wolff for a conditional use permit for
property located at 1987 Washington Street to open an auto sales lot in a G4 Downtown
Commercial zoning district.
Chairperson Ruden said that the Board will hear both Docket 4411 and 41 -11 for the
property at 1987 Washington Street simultaneously and vote on each separately.
Mark Lightcap stated that he is requesting a variance and a conditional use permit. He said
that he has an existing shop and storage area on Diesel Drive in the County. He said that
he would like to use this property for vehicle display because of the increased traffic
volume.
Zoning Board of Adjustment
June 23, 2011
Page 7
Dan Wolff, 3230 Arrowwood Lane, stated that he owns thesubject property. He said that
he operated at this location for 20 years. He said that the car wash business has been
closed. He spoke in favor of the request stating thata sales lot would generate less noise
than a 24 -hour car wash.
Staff Member Hemenway presented the staff report. He noted that the request is for a
variance in required lot area for an auto sales dealership, and a conditional use permit for
an auto sales dealership in a C-4 District. He discussed the C-4 District regulations noting
the intent to protect upper story residential properties from the potential negative impacts
generated by auto - related businesses. He said that the subject property is surrounded by
commercial uses and is located along a heavily traveled street. He said that Mr. Lightcap
had submitted a site diagram that was not drawn to scale. He said that staff had redrawn
the site diagram and included it in the packet as Exhibit 1. He said that the redesign
offered adequate customer and employee parking spaces, sales display area and garage
access. He recommended that, if approved, the Board require the property to be configured
as per Exhibit 1.
The Board members discussed the request and felt that it is appropriate.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, with the
condition that the property be configured as per Exhibit 1. Motion carried by the following
vote: Aye — Klauer, Cremer, Hutchinson, Gibbs and Ruden; Nay— None.
VARIANCES:
DOCKET 41 -11: Application of Mark Lightcap / Dan Wolff for a variance for property
located at 1987 Washington Street to open an auto sales lot with 6,900 square feet of Ict
area, 20,000 square feet minimum required, in a G4 Downtown Commercial zoning district
Board members discussed Docket 41 -11 as part of Docket 40-11.
Board members felt that the variance request is appropriate.
Motion by Klauer, seconded by Gibbs, to approve the variance, as submitted. Motion
carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs and Ruden; Nay —
None.
DOCKET 42 -11: Application of Easy Street /David Schmitt / Tom Kluckfor a variance for
property located at 30 Main Street to open an outdoor service area, accessory to a
bar /restaurant, thereby creating a deficit of 8 offstreet parking spaces in a C-3 General
Commercial zoning district.
Zoning Board of Adjustment
June 23, 2011
Page 8
Dave Schmitt, 30 Main Street, said that he would like to be able to create anoutdoor
service area. He said that the proposed outdoor service area is currently a dysfunctional
parking lot that gets little use. He said that he has spoken with adjacent property owners
including Chris Miller and a representative of Metz Baking Company and that they are in
favor of the request. He said that if the variance were approved it would enable him to
create an outdoor smoking area for his patrons. He noted that access to Jones Street has
been eliminated and that this makes access to the rear parking area difficult. He stated that
he would like to fence the outdoor service area.
Staff noted that there are no regulations in this district regarding fence height.
No one spoke in opposition to the request.
Staff Member Hemenway outlined the d:aff report noting that fencing an outdoor service
area at the back of the building will eliminate 8 potential parking spaces. Hesaid that the
property directly adjacent to the parking lot had been sold limiting access. He said this
would make vehicle circulation through the parking area difficult. He said that he had
received a call from Chris Miller, an adjacent property and owner of Riverworks, and that he
had expressed no concerns with the request.
The Board members discussed the request and felt itis appropriate.
Motion by Klauer, seconded by Gibbs, to approve the variance request, as submitted.
Motion carried by the following vote: Aye— Klauer, Cremer, Hutchinson, Gibbs and Ruden;
Nay — None.
ADJOURNMENT: The meeting adjourned at 5:05 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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