Minutes Zoning Bd Adj 3 24 05
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, March 24, 2005
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill
Gibbs; Staff Members Guy Hemenway and Wally Wernimont.
ABSENT:
Board Member Bill Gasper.
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 at 4:00 p.m.
DOCKET 09-05: Application of Aaron Weldin for a special exception for property located
at 1669 Adair Street to build a 16 foot by 24 foot detached garage, 5 feet from the front
property line, 20 feet required, and 2 feet from the side property line, 6 feet required, in an
R-1 Single-Family Residential zoning district.
Aaron Weldin stated his wished to demolish an existing garage and replace it with a new
slightly larger garage. He distributed a site plan and photos for the Board's review.
Staff Member Wernimont outlined the proposed project. He said that the platted street
next to the garage is unimproved. He discussed photographs of the site with Board
members. He stated the City has no immediate plans to improve the street. He said that
the existing garage is dilapidated and the proposed replacement garage will be built further
back from the alley than the existing garage. He said that the request presented no public
safety issues.
Board Members discussed the request and felt that it met the criteria for granting a special
exception.
Motion by Klauer, seconded by Urell, to approve the special exception as submitted.
Motion was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay -
None;
DOCKET 10-05: Application of Greg & Peggy Stover for a special exception for property
located at 1145 Locust Street to build an attached garage 0 feet from the front property line
(Bluff Street), 10 foot minimum required, and 1 foot from the south side property line, 3 foot
minimum required, in an OC Office Commercial zoning district.
Motion by Urell, seconded by Klauer, to table the special exception request at the
applicant's request. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and
Ruden; Nay - None.
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March 24, 2005
Page 2
DOCKET 11-05: Application of Eugene & Olga Kazberouk for a special exception for
property located at 2578 Elm Street to build a 27 foot by 26 foot garage addition for a total
of 1,210 square feet of accessory structures, 1,000 square feet maximum permitted, and
22 feet in height, 15 feet maximum permitted, in an R-2 Two-Family Residential zoning
district.
Eugene Kazberouk presented photographs and a PowerPoint presentation of the site to
the Board. He noted the location of the existing one-vehicle garage and storage building,
and stated that he wished to enlarge the garage to accommodate three vehicles. He
referred to renderings of the garage and site. He stated that he wanted to use the second
level of the garage for a storage area and hobby workshop. He clarified the current
driveway access, stating that he is able to traverse his neighbor's lot through an access
easement from 26th Street.
Staff Member Hemenway presented the staff report. He noted that this project represents
an addition to the existing garage and that the total square footage of all accessory
structures will be 1,210 square feet. He stated the Kazberouk's are also asking to waive
the height requirement from a maximum of 15 feet to 22 feet and create a second level in
the garage. He stated that the upper floor of the garage cannot be used for commercial or
residential purposes. He stated that it can, however, be used for a workshop and storage.
Board Members discussed the request and stated that the presentation was very effective.
Motion by Klauer, seconded by Gibbs, to approve the special exception request with the
conditions that:
1. The structure cannot be used as a residential unit or commercial establishment; and
2. Storm water be directed onto the subject lot that accommodates the residence.
Motion by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None.
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 freestanding sign, 50 feet maximum permitted, in a CR Commercial
Recreation District.
NOTE: Board Members Ruden and Urell chose to abstain because of a conflict of
interest. Because Board Member Gasper was absent, there were not the three potential
votes required for approval of the variance.
Brian Southwood, 3887 Hillcrest, stated that he represented Dubuque Greyhound Park and
Casino. He asked that the Board schedule a special meeting because the dog track is
anxious to get their sign issue resolved. Board Members discussed the request and
directed staff to schedule a special meeting.
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March 24, 2005
Page 3
Motion by Urell, seconded by Gibbs, to table the application request and direct staff to
schedule a special meeting. Motion carried by the following vote: Aye - Klauer, Urell,
Gibbs and Ruden; Nay - None.
DOCKET 12-05: Application of Advanta Sign Company/All Seasons Heating & Cooling,
Inc. for a variance for property located at 798 Cedar Cross Road to erect an off-premise
sign 300 feet from an existing off-premise sign, 500 foot minimum required, in a CS
Commercial Service & Wholesale District.
Joe Till, owner of All Seasons Heating and Cooling, noted that his business is located
below and behind businesses along Cedar Cross Road. He stated that his business is
accessed from a driveway next to Hart Auto Body, which is a private lane. He said that
there is no signage to direct people from Cedar Cross to his business and that when
people slow down looking for the driveway access, it creates a traffic hazard. He stated
that the modified sign proposal is a 4' by 5' sign. He stated that the sign would be
internally illuminated. He discussed the location of other lighted signs in the Cedar Cross
area.
Staff Member Hemenway presented the staff report. He noted that the newly submitted
sign rendering represented a reduction in the sign size. He stated that because the sign is
located on a separate lot from the business, it is deemed an off-premise sign; and
therefore, bound by off-premise sign regulations as established in the Zoning Ordinance.
Board Members discussed the potential for Cedar Cross improvements to potentially
conflict with this sign's location. Staff Member Hemenway stated that if the sign had to be
moved along the access easement closer to the subject business, that another variance
would not be required. He said that if the applicant chose to move the sign laterally up or
down Cedar Cross Road, a new variance would be required.
Board Members discussed the request and felt it met the criteria for granting a variance
because of the location of the business.
Motion by Klauer, seconded by Urell, to approve the variance request with the condition
that the sign be built as per Exhibit A. Motion carried by the following vote: Aye - Klauer,
Urell, Gibbs and Ruden; Nay - None.
DOCKET 13-05: Application of Mary Neises for a conditional use permit for property
located at 1870 Asbury Road to open a dog grooming business as a conditional use in a C-
2 Neighborhood Shopping Center District.
The applicant was not in attendance. Board Members decided to hear the request.
Staff Member Wernimont outlined the staff report. He discussed the property history and
said that the applicant's request is to create a dog grooming business. He recommended
that the Board require that all activity be undertaken within the building. He stated that the
Minutes - Zoning Board of Adjustment
March 24,2005
Page 4
only input received from the neighbors was a letter of support from a neighbor two doors
away.
Board Members discussed the request and felt that the dog grooming business is an
appropriate use for the commercial building.
Motion by Urell, seconded by Klauer, to approve the conditional use permit with the
conditions that:
1. All operations and activities shall be conducted and maintained within the building;
and
2. No exterior kennels be permitted.
Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None;
DOCKET 14-05: Application of Gary Carner for a variance for property located at 460/464
W. Locust Street to install a sign with a 60 inch projection, 0 inches permitted, in a C-1
Neighborhood Commercial zoning district.
The applicant was not in attendance.
Motion by Urell, seconded by Klauer, to table the special exception request because the
applicant was not in attendance. Motion carried by the following vote: Aye - Klauer, Urell,
Gibbs and Ruden; Nay -None.
DOCKET 15-05: Application of Dubuque Sign Co.lHouse of China for a variance for
property located at 150 John F. Kennedy Road to install two wall-mounted signs, 1 sign
maximum permitted, in a C-3 General Commercial zoning district.
Keith Zenner, Dubuque Sign Company, stated that he represents the House of China and
U.S. Cellular. He noted that his request is to install two signs, the aggregate square
footage of which will total less than 100 square feet. He noted that the building is
approximately 300 feet long by 100 feet wide. He stated that U.S. Cellular plans to place a
sign panel on the marquee sign. He stated that the marquee sign panel would be
approximately four feet by six feet. He stated that there are other tenants in the building
that have less exposure because U.S. Cellular occupies a corner tenant space.
Board Members discussed the potential marquee and interior building signage.
Staff Member Hemenway presented the staff report. He noted that the request is for two
signs of 44 square feet each. He stated that there is an existing 300 square foot
freestanding center sign with potential for tenant panels. He stated that each tenant space
is allowed one, 100 square foot wall-mounted sign.
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March 24, 2005
Page 5
Board Members reviewed the criteria for granting a variance. Board Members felt that with
a freestanding multi-tenant sign along Kennedy Road, and wall-mounted signage on the
tenant space, that the applicant had not demonstrated a hardship.
Motion by Urell, seconded by Klauer, to approve the special exception request. Motion
was denied by the following vote: Aye - none; Nay - Klauer, Urell, Gibbs and Ruden.
DOCKET 16-05: Application of Steve & Jane Butt, Butt's Florist for a conditional use
permit for property located at 2348-2350 University Avenue to construct a 10-space
parking lot as a conditional use in an R-1 Single-Family Residential zoning district.
Steve Butt, 1516 Ruann Drive, said that he wants to resurface an existing drive and he
decided to expand his paved parking onto the adjacent residential lot. He said that he
wants to create seven to ten spaces and remove an existing residence.
Board Members discussed the lot layout and adjacent residential properties.
Walter Bockenstedt, 2375 Pearl Street, said he is concerned with potential storm water
runoff from the proposed parking lot. Mr. Butt said that there have been storm water
problems in the past, but since the lot has been regraded, the problems have been
resolved.
Staff Member Wernimont said that the applicant's request is to create a 10-space parking
lot. He discussed the area topography stating the lot pitches to the adjacent residential
properties. He said that a site plan review will be required for the parking lot, and storm
water conveyance and screening will be required. Board Members discussed the request
and were concerned with storm water runoff. They felt that a thorough site plan review is
necessary.
Motion by Urell, seconded by Klauer, to approve the conditional use permit with the
conditions that:
1. Storm water be directed away from the adjacent residential properties; and
2. The project is subject to site plan review and compliance.
Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None.
DOCKET 17-05 : Application of Mike Berg/Dubuque Internal Medicine for a variance for
property located at 1515 Delhi Street to construct a 14-foot high freestanding sign, 10 foot
maximum permitted, in an ID Institutional zoning district.
Mike Berg stated that he represented Dubuque Internal Medicine. He stated that the
current sign regulations restrict a freestanding sign at this location to 10 feet in height. He
stated that the sign structure has a four-foot limestone base. He stated that the proposed
sign would have tenant panels and that it would be back-lit (internally illuminated).
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March 24, 2005
Page 6
Staff Member Hemenway presented the staff report. He noted that the request is to install
one additional tenant panel, which will make the overall sign height approximately 13.5
feet. He noted adjacent sign requirements for The Finley Hospital Institutional District. He
stated that parked vehicles along Delhi Street obscure the lower portion of the sign. He
stated that the clinic is a large scale building.
Board Members discussed the request and felt because of the size and scale of the
building, and the vehicles parked on street, the request met the criteria for granting a
variance.
Motion by Urell, seconded by Gibbs, to approve the variance request as submitted. Motion
was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the February 24, 2005 meeting
and Notices of Decision for Dockets 8-05 were approved as submitted.
Motion by Ruden, seconded by Urell, to approve the minutes of February 24, 2005 and the
Notices of Decision as submitted. The motion was approved by the following vote: Aye-
Ruden, Urell and Klauer; Abstain - Gibbs.
ADJOURNMENT: The meeting adjourned at 5:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted