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Minutes Zoning Bd of Adj. 4 28 05 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, April 28, 2005 4:00 p.m. Majestic Room Five Flags Civic Center PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer and Jim Urell; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. ABSENT: Board Members Bill Gasper and Bill Gibbs. 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 4:05 p.m. Chairperson Ruden informed the audience that there were only three Board members present and that three affirmative votes are required to approve an application request. He asked if any of the applicants present want to table their request to the next regular meeting. James Schumacher, Lamar Outdoor Advertising, asked that the Board table Dockets 27, 28 and 29 until the next regular meeting. The Board agreed to table said dockets. DOCKET 18-05: Application of Dennis Post for a special exception for property located at 772 Kennedy Ct. to build a 24 foot by 28 foot detached garage 0 feet from the front property line (Peru Road), 20 feet required, in an R-1 Single-Family Residential zoning district. Dennis Post, 772 Kennedy Ct, said that he wants to build a 24-foot by 28-foot detached garage next to his property line along Peru Road. He said Peru Road has an unusually wide right-of-way at this location. He stated that the City originally intended to widen Peru Road to four lanes; however, it was only improved to two lanes. He discussed the lot layout, the building footprint and an existing row of landscaping trees. He stated that a terrace prevents him from repositioning the garage to the interior of the lot. He said that he has obtained a survey of his property clearly marking the property lines. Staff Member Wernimont outlined the request, stating that the subject property is a corner lot. He discussed right-of-way width for Peru Road and existing landscaping adjacent to the property. He stated that he spoke with the Engineering Department and they have no immediate plans to further improve Peru Road. In response to a question from the Board Mr. Post stated that he will access his garage from an existing curb cut on Kennedy Court. Board members discussed the request and felt it met the criteria for granting a special exception. Minutes - Zoning Board of Adjustment April 28, 2005 Page 2 Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 19-05: Application of Bennett Cook & Mary Ellen Carroll for a special exception for property located at 1395 Alta Vista to build a 7 foot high fence 4 feet from the front property line (Loras Boulevard), 4 foot high maximum permitted in the front yard, in an R-2 Two-Family Residential zoning district. Bennett Cook, 1395 Alta Vista, outlined his request, noting that he wants to reposition an existing fence, increasing the size of the footprint and the height of the fence. He stated that the height of the fence would be increased by one-foot, from six to seven feet. He said that this will enable him to increase his enclosed yard area and decrease the noise generated by the adjacent public right-of-way. He stated the fence will be a solid capped stockade fence. He stated that he will demolish the existing fence. Board Members discussed photos of the site. The Board asked if the fence would stay atop the terrace or be built below. Mr. Cook stated that the fence would be located on top of the terrace. Staff Member Wernimont outlined the staff report, stating that this property had been granted a fence variance approximately one and a half years ago. He stated that the new request is modified to increase the fenced area by placing it in closer proximity to the property lines. He said that the fence would be one-foot higher than the existing fence. Board Members discussed the photos, noting that the fence will stay on the crest of the hill and that it will not inhibit vehicular or pedestrian visibility. Board members said they felt the fence would have no negative effects on traffic safety or adjacent residential properties. Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. The motion was approved by the following vote: Aye- Klauer, Urell and Ruden; Nay - None. DOCKET 20-05: Application of Randy Leib for a special exception for property located at 889 Salem Street to build a 1,350 square foot garage, 1,000 square feet maximum permitted, in an R-1 Single-Family Residential zoning district. Randy Leib, 889 Salem Street, stated that he wants to build a 45-foot by 30-foot detached garage on his property. He said the garage would be a minimum of ten feet from his side property line. Board Members reviewed photos of the site and a site plan indicating the garage location. Staff Member Wernimont outlined the staff report, reiterating Mr. Leib's request, and stating that he had received no calls in opposition regarding the request. Minutes - Zoning Board of Adjustment April 28, 2005 Page 3 Board Members discussed the request and felt that it met the criteria for granting a special exception. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 21-05: Application of David Pins for a special exception for property located at 405 Southern Avenue to build a single-family home 71 feet from the front property line, 50 feet maximum permitted, in an R-2A Alternate Two-Family Residential District. David Pins presented his application to the Board. He noted the location of his residence relative to the adjacent City property. He said he wants to set his house further back from the street so that his view to the park area is preserved. ' Board Members discussed the location of the house on the lot relative to adjacent properties. Staff Member Hemenway presented the staff report. He discussed the rationale behind the 50-foot maximum setback. He stated that of the two adjacent lots, one is owned by the City for a passive park area zoned Public Open Space, and the other accommodates the residence owned by the applicant. Board Members discussed the request and felt that it would have a very limited impact on the adjacent properties and not affect public safety. Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 14-05: Application of Gary Carner for a variance (tabled) 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. Renee Crier stated that she is the property manager of 460-464 Locust Street and represents the property owner, Gary Carner. She asked Board Members to approve her request to install a projecting sign on an existing sign bracket. Board Members discussed the proximity of the building to the lot line, the width of the sidewalk, and the distance between the building and the edge of the pavement. Staff Member Hemenway distributed a GIS map of the building and edge of pavement for the Board's review. Ms. Crier noted that the sign would not project further than the end of the existing sign bracket. She stated that the proposed sign is 50" by 32". Minutes - Zoning Board of Adjustment April 28, 2005 Page 4 Anna Ahmid stated that she is the business owner at 460 West Locust Street. She stated that currently there is no sign on the exterior of her building, and that vehicular traffic would have difficulty spotting a sign placed flush against the building. She said that a projecting sign would aid passer's bye in identifying the name and location of her business. Staff Member Hemenway presented the staff report. He discussed C-1 sign regulations and noted that the sign requested would be similar to two legally non-conforming projecting signs on adjacent businesses in the same neighborhood. Staff Member Hemenway stated that the sign would be 10.6 square feet in area where a 100 square-foot wall-mounted sign is permitted. Board Members reviewed the criteria for granting a variance. They said they feel the property suffers a hardship in that the building is built up to the lot line and that a flush mounted sign would be difficult for vehicular traffic to see. ' Motion by Klauer, seconded by Urell, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 22-05: Application of Ronald Koppes/Dubuque Area Labor Harvest for a conditional use permit for property located at 423 W. Locust Street to allow the Dubuque Area Labor Harvest operation as a conditional use in a C-1 Neighborhood Commercial zoning district. Bill Delaney, representing Dubuque Area Labor Harvest, asked if the Board would consider hearing both the conditional use permit and variance request for the Dubuque Area Labor Harvest simultaneously. Chairperson Ruden stated that the Board could hear both requests simultaneously and vote on each request separately. Mr. Delaney stated that the Dubuque Area Labor Harvest serves a weekly Saturday breakfast and a Saturday food giveaway approximately every six to eight weeks. He said in the interim, food is stockpiled at the facility. He stated that the Labor Harvest was forced to move because of the demolition of their building for the new downtown school. He stated that the Labor Harvest has relocated to an ideal neighborhood with many needy neighbors. He stated that the Labor Harvest activity is less intense than many other commercial activities that would be permitted in this building. He said that he has approximately 25-30 people for breakfast every Saturday. He said that many of the people that come to breakfast or are there for the food giveaway, walk to the facility. He stated that food is distributed to approximately 380 people. He said that both breakfast and the food giveaway are conducted from approximately 7:00 - 10:00 a.m. He stated that all of the workers at the Labor Harvest are volunteers, many of whom are retired. Minutes - Zoning Board of Adjustment April 28, 2005 Page 5 Staff Member Wernimont said the applicant is asking for two requests - one for a conditional use permit to operate the Labor Harvest, and the second for a parking variance. He said that, based on the parking requirements for seating capacity and for employees for the restaurant use, there is a deficit of eight off-street parking spaces. He stated that he received one letter from the Valley View Neighborhood Association in favor of the Labor Harvest's requests. He stated that he was also contacted by the proprietor of the White House Tavern, and he was able to answer the questions raised and alleviate the bar owner's concerns. Board Members discussed the uses permitted in the building, and felt that the Labor Harvest would be a low intensity use for this commercial property. Board Members felt the request met the criteria for granting a variance and a conditional use. Motion by Urell, seconded by Klauer, to approve the conditional use permit as submitted. The motion was approved by the following vote: Aye- Klauer, Urell and Ruden; Nay- None. DOCKET 30-05: Application of Ronald Koppes/Dubuque Area Labor Harvest for a variance for property located at 423 W. Locust Street to allow the Dubuque Area Labor Harvest operation as a conditional use in a C-1 Neighborhood Commercial zoning district NOTE: The variance request was discussed as part of the conditional use permit request. Board Members reviewed the criteria for granting a variance and felt that the Dubuque Area Labor Harvest's request met said criteria. Motion by Urell, seconded by Klauer, to approve the variance request as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 23-05: Application of Flowerama/Steve Smith for a variance for property located at 2300 John F. Kennedy Road to install four wall-mounted signs, for a total of 178 square feet of wall-mounted signage, one 100 square foot sign maximum permitted, in a C-2 Neighborhood Shopping Center District. Chuck Nigrand, corporate representative for Flowerama in Waterloo, asked the Board to table his request until the next regular meeting. Motion by Urell, seconded by Klauer, to table the variance request to the next meeting at the applicant's request. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay - None. DOCKET 24-05: Application of City of Dubuque for a conditional use permit for property located at the Dubuque Industrial Center West to allow a modification to a designated flood hazard zone (Zone A). Minutes - Zoning Board of Adjustment April 28, 2005 Page 6 Staff Member Kritz presented the City of Dubuque's application to the Board. He noted that the request was to allow excavation and improvements to the Dubuque Industrial Center in an area that is designated as flood plain. He stated that the state and federal authorities have reviewed the proposed improvements in the f100dway and have issued permits. Board Members discussed the request and felt it met the criteria for granting a conditional use permit. Motion by Klauer, seconded by Urell, to approve the conditional use permit as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay- None. DOCKET 25-05: Application of Ron SmithlTom McCoy for a conditional use permit for property located at 1390 Forest Lane to allow a six-space parking lot for a dental office in an R-2 Two-Family Residential zoning district. Ron Smith, 1640 Justin Lane, stated that he represents Dr. Tom McCoy. He stated that Dr. McCoy has purchased a house at 1390 Forest Lane and would like to demolish it and replace it with a six-space parking lot. Chairperson Ruden asked about the grade change between Forest Lane and the rear yard. Mr. Smith stated that the house is a walkout, and there is approximately an eight to nine foot grade change on the lot. He stated that the City requires a 24-foot wide curb cut to access the parking lot, which will require the use of a portion of both lots. He stated that the house already covers a portion of the lot making it non-permeable. Board Members discussed the site layout. Cecil Pfeiffer, 1310 For~st Lane, asked if the parking lot would be landscaped. He also asked if the American Legion could utilize the parking after hours. Mr. Smith stated that he could not answer that question, but would defer to the property owner. Mr. Pfeiffer said he is concerned that the curb cut will remove one additional on-street parking space. Mr. Smith stated that the dentist office is staffed from 8:00a.m. to 5:00 p.m. daily and closed on noon on Fridays. Duane Lattner, 854 Cleveland Avenue, said that he owns the property behind the proposed parking lot. He stated that the site plan submitted was not detailed. He stated that the parking lot would be directly adjacent to his property, and storm water will flow onto his lot. He stated he is concerned that the applicant will plow snow from the end of the parking lot onto his property. He stated that he would like to see a screening fence between the lot and his property. Minutes - Zoning Board of Adjustment April 28, 2005 Page 7 Mr. Smith stated that it is premature to try and determine what kind of affect the light shining from the parking lot to the adjacent properties would have prior to the final lot design. He said that site plan standards require adequate storm water conveyance. Chairperson Ruden stated that the site is too small to create a detention area. Board Member Klauer asked about adding a retaining wall to alter the grade of the site. Mr. Smith stated that this may be cost prohibitive. Board Member Urell said that paving this site will increase the runoff to the adjacent property. Board Members discussed the runoff generated from the existing house and its downspouts and the topography of the lot. Staff Member Wernimont outlined the staff report. He said that Forest Lane is narrow with little parking. He stated that a six-space parking lot would help relieve some of the demand for street parking in the neighborhood. He stated that both the south and east property lines would have to be screened, and that storm water would have to be managed as per City requirements. He said it is the property owner's prerogative to allow other neighbors to use the lot after hours. Chairperson Ruden asked if City Engineering would require storm water control. Staff Member Kritz said that, because of the small size of the site, Engineering may allow storm water to sheet flow across the lot with the requirement for an area for absorption at the low end. He stated that no sizable detention area could be created on site because of the grade of the property. Board Members discussed the request and felt that the storm water conveyance and screening issues will be addressed at the site plan level. Motion by Klauer, seconded by Urell, to approve the conditional use permit as submitted. The motion was approved by the following vote: Aye - Klauer, Urell and Ruden; Nay- None. DOCKET 26-05: Application of Rick Droeske, Lange Sign Group/Billy Meyer & Ryan Gleason, Pizza Ranch for a variance for property located at 2020 Radford Road to install three wall-mounted signs for a total of 143.6 square feet, one 100 square foot sign maximum permitted, in a C-2 Neighborhood Shopping Center zoning district. Rick Droeske, Lange Sign Group, stated that he represents his client, Pizza Ranch. He stated that the request is to install two additional non-illuminated pan-style wall-mounted signs on the building. He stated that the entrance to the business sits nine to 10 feet below the street grade. Staff presented photos and a site diagram for Board review. Mr. Oroeske stated that there is limited visibility to the building entrance due to topography of the site. Chairperson Ruden asked if the applicant would be placing a freestanding sign on site. Mr. Droeske noted that a freestanding sign will be installed. Minutes - Zoning Board of Adjustment April 28, 2005 Page 8 Staff Member Hemenway outlined the staff report, noting the size and location ofthe signs. He discussed the C-2 signs regulations in general. Board Members noted that, with use of the freestanding sign and one wall-mounted sign, passing traffic and patrons in the parking lot could adequately see the Pizza Ranch facility. Board Members said they feel that the request does not meet the criteria for granting a variance. Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. The motion was denied by the following vote: Aye - None; Nay - Klauer, Urell and Ruden. MINUTES & NOTICES OF DECISION: The minutes of the March 24, 2005 meeting and Notices of Decision for Dockets 3-05,9-05, 11-05, 12-05, 13-05, 15-05, 16-05, and 17-05 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 5:35 p.m. Kyle L. Kritz, Associate Planner Adopted