Minutes Zoning Bd of Adjustment 2 24 05
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, February 24, 2005, 4:00 p.m.
Majestic Room, Five Flags Civic Center
450 Main Street, Dubuque, Iowa
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PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell and Bill
Gasper; Staff Members Kyle Kritz and Guy Hemenway.
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 4:06 p.m.
DOCKET 03-05: Application of Rick Droeske, Lange Sign Group/Dubuque Greyhound Park &
Casino for a variance 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.
Board Members decided to table the request because of lack of a quorum. Staff informed the
Board that a new member had applied and would be on-board for the March 24, ZBA meeting.
Motion by Urell, seconded by Klauer, to table the request. Motion was approved by the following
vote: Aye - Klauer, Urell, Gasper and Ruden; Nay - None
DOCKET 07-05: Application of Robert Smith/RJS Development Corp. for a variance for
property located at 3220 Dodge Street to erect two, off-premise signs, 10 feet from the nearest
off-premise sign, 750 feet minimum required, in an C-3 General Commercial zoning district.
Staff informed the Board that the current variance application was invalid because the property
owner had not signed. Staff asked the Board to table the request.
Motion by Urell, seconded by Klauer, to table the variance application because it was not signed
by the property owner. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper
and Ruden; Nay - None.
DOCKET 08-05: Application of MIT Plumbing for a conditional use permit for property located at
2001 Rockdale Road to open a plumbing shop as a conditional use in a C-1 Neighborhood
Commercial zoning district.
Tim McDonell reviewed his application to open a plumbing shop. He stated that there will be no
outdoor storage of equipment or materials.
Board members reviewed zoning district boundaries for the property with staff. They also
reviewed the property history and former enforcement actions regarding storage of materials on
the property.
Michelle Malone, 1999 Rockdale Road, stated that she is an adjacent property owner and that
she shares an access easement with the property at 2001 Rockdale Road. Mrs. Malone asked
if the plumbing shop were to leave, if a new use could come into that property.
Minutes - Zoning Board of Adjustment
February 24, 2005
Page 2
Staff Member Hemenway stated that if ownership changed, a new plumbing shop could go in if it
followed all the conditions set forth in an approved conditional use permit. He said if any other
use went in, it would have to be one that is listed as permitted in a C-1 District and meet all the
additional bulk standards established in the Zoning Ordinance for parking, setbacks, etc. Mrs.
Malone asked staff if violations were to occur on the property, what the procedure would be.
Staff Member Hemenway reviewed the Notice of Violation and civil citation process for Mrs.
Malone. He stated that a conditional use permit could not be revoked once approved.
Staff Member Hemenway reviewed the staff report, noting some of the uses permitted in a C-1
District. He also reviewed the standards that apply for non-residential uses in a C-1 District. He
stated that currently a portion of the parking area is on publiC right-of-way. If the street were to
be improved, the property owner could lose said parking without compensation from the City.
Board Members reviewed the current parking layout and aerial photos of the property. Board
Members discussed placing restrictions on the property.
Motion by Klauer, seconded by Gasper, to approve the conditional use permit with the
conditions that:
1) The use shall be conducted entirely within the structure;
2) That there be no outdoor storage of equipment or materials on the property or adjacent
publiC right-of-way; and
3) All vehicles in excess of two used in conjunction with the use shall be stored within the
building when they remain on the property overnight or during periods of non-use.
Motion was approved by the following vote: Aye - Klauer, Urell, Gasper and Ruden; Nay None.
MINUTES & NOTICES OF DECISION: The minutes of the January 27,2005 meeting and
Notices of Decision for Dockets 01-05, 02-05, 04-05 and 05-05 were approved unanimously as
submitted.
ADJOURNMENT: The meeting adjourned at 4:45 p.m.
Kyle L. Kritz, Associate Planner
Adopted
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