Loading...
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