Minutes Zoning Bd Adjust 1 27 05
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, January 27,2005
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
OFT
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell and
Bill Gasper; Staff Members Guy Hemenway, Kyle Kritz 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 01-05: Application of Scott & Christie Neuwoehner for a special exception for
property located at 475 Valeria Street to build a detached garage 3 feet from the front
property line, 20 feet required, in an R-1 Single-Family Residential zoning district.
Scott Neuwoehner. 475 Valeria Street, presented his application. He stated that the
garage has already been built and that he failed to follow the appropriate process. He said
that he had the concrete poured for another job and decided to pour the concrete for the
garage without getting a building permit. He stated that the garage location should not
pose a problem to the neighborhood.
Staff Member Hemenway presented photos of the site to the Board. He noted that the
garage sits approximately 17 feet from the paved portion of Valeria Street. He noted the
lot topography and stated that site visibility will not be affected by the proximity of the
garage to the street. He stated that there are no other residences in immediate vicinity of
the garage.
Board Members discussed the request and felt that it met the criteria for granting a special
exception.
Motion by Gasper, seconded by Klauer, to approve the request as submitted. The motion
was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None.
DOCKET 03-05: Application of Rick Droeske, Lange Sign Group/Dubuque Greyhound
Park & Casino for property located at 1855 Greyhound Park Drive to install a 75 foot high
free-standing sign, 50 feet maximum permitted, in a CR Commercial Recreation District.
Chairperson Ruden and Board Member Urell stated that they could not hear Docket 03-05
because of a conflict of interest. Chairperson Ruden stated that there would only be two
Board Members which would not constitute the three affirmative votes necessary for
Minutes - Zoning Board of Adjustment
January 27, 2005
Page 2
approving a variance request. The Board decided to table the proposed request and seek
a fifth Board member.
Motion by Gasper, seconded by Urell, to table the request due to the lack of a quorum.
The motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden;
Nay - None.
DOCKET 02-05: Application of Jeffrey Jaeger for a special exception for property located
at 1960 White Street to subdivide a lot creating a 1,550 square foot lot, 5,000 square foot
minimum required, and to cover 51.6% of the lot, 40% maximum permitted, in an R-3
Moderate Density Multi-Family Residential zoning district.
Board Members decided to hear dockets 02-05, 04-05, and 05-05 simultaneously and vote
on each docket separately.
Jeffrey Jaeger, 2725 Oak Crest Drive, discussed his request. He stated that he is
proposing to create a used car sales lot and accessory maintenance garage and office.
Board Members discussed the location of the proposed garage on the lot. Mr. Jaeger
noted that the building would be 30 feet by 38 feet in size and be used as a detail shop and
office. He stated that he owns three lots directly adjacent to each other along White Street.
He stated that he would lose two parking spaces for the duplex at 1960 White to
accommodate the garage and office. He stated that the lot at 1960 White would be
subdivided creating a small lot.
Board Members noted that the existing duplex at 1960 White Street is approximately one-
foot from the north side property line, adjacent to where the proposed car lot would be
located. Mr. Jaeger noted that the existing duplex at 1960 White Street would be
approximately 12 feet from the proposed maintenance garage.
Staff Member Hemenway stated that the property must be rezoned and that a substandard
lot must be approved by the Zoning Advisory Commission for the project to be approved.
He stated that there is currently no parking allowed on either side of 20th Street and that
alternate parking is allowed on White Street.
Board Member discussed surrounding property uses.
Dave Jaeger, 1111 Solon Street, stated that Dubuque Community Schools are trying to
purchase the Jaeger property, which will require them to relocate the auto sales lot. Jeff
Jaeger presented a rendering of the garage to the Board.
Rick Elliott, 803 Liberty Street, spoke on behalf of St. Paul's Lutheran Church on Jackson
Street. He stated that the church objects to the removal of two parking spaces because
there are currently parking problems in the neighborhood. He stated that many of the
neighbors and patrons of adjacent businesses currently park in St. Paul's parking lot.
Minutes - Zoning Board of Adjustment
January 27,2005
Page 3
Dave Jaeger stated that the Colts Drum and Bugle Corps facility on Central has no off-
street parking.
Board Members discussed the request, noting that although this is a mixed used
neighborhood, parking seems to be an issue. Board Members noted that Mr. Jaeger owns
the two residences to the south of the proposed auto sales lot.
The Board discussed the criteria established for granting a special exception and two of the
Board Members felt that the proposed substandard lot and lot coverage area would have a
negative impact on adjacent properties and the neighborhood.
Motion by Urell, seconded by Gasper, to approve the special exception request contingent
upon receiving rezoning approval and substandard lot approval from the Zoning Advisory
Commission. The motion failed for lack of three affirmative votes by the following vote:
Aye - Gasper and Ruden; Nay - Klauer and Urell.
DOCKET 04-05: Application of Jeffrey Jaeger for a conditional use permit for property
located at 1998 White Street to locate an auto sales lot with an accessory garage/office in
a C-4 Downtown Commercial zoning district.
Board Members discussed the request and felt that it met all of the criteria established for
granting a conditional use permit.
Motion by Gasper, seconded by Klauer, to approve the conditional use permit contingent
upon receiving rezoning approval and substandard lot approval from the Zoning Advisory
Commission. Th~ motion was approved by the following vote: Aye - Klauer, Urell,
Gasper and Ruden; Nay - None.
DOCKET 05-05: Application of Jeffrey Jaeger for a variance for property located at 1998
White Street to build a garage/office 0 feet from the south and west side property lines, 6
feet required, with a deficit of two off-street parking spaces, in a C-4 Downtown
Commercial zoning district.
Board Members discussed the criteria established for reviewing a variance and two of the
Board Members felt that the elimination of two off-street parking spaces would have a
negative impact on the adjacent commercial and residential properties.
Motion by Urell, seconded by Gasper, to approve the variance request contingent upon
receiving rezoning approval and substandard lot approval from the Zoning Advisory
Commission. The motion was denied for lack of three affirmative votes by the following
vote: Aye - Gasper and Ruden; Nay - Klauer and Urell.
MINUTES & NOTICES OF DECISION: The minutes ofthe December 16, 2004 meeting
and Notices of Decision for Dockets 86-04 and 87-04 were approved unanimously as
submitted.
Minutes - Zoning Board of Adjustment
January 27,2005
Page 4
ADJOURNMENT: The meeting adjourned at 5:04 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted