Minutes Zoning Bd of Adjustment 5 26 05
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, May 26,2005
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
DRAFT
PRESENT:
Chairperson Mike Ruden, Board Members Bill Gibbs, Jim Urell, Randy
Klauer and Bill Gasper (NOTE: Bill Gasper arrived at 5:00 p.m.); 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 31-05: Application of Merle Ferguson/NEHT LLC for a special exception for
property located at 1635/1651 White Street to construct a 5 foot high fence along the front
property line (White Street), 4 foot high maximum permitted, in an R-3 Moderate Density
Multi-Family Residential zoning district.
Janet Imhoff, 17112 Emerald Drive, said that she represents Merle Ferguson of NEHT,
LLC. She said that Mr. Ferguson has purchased three lots with three structures that he
intends to renovate. She said the intent is to enclose the yard area with a wrought iron
fence and gate that is needed for security. She presented a rendering of the fence to the
Board.
Board Members discussed the fence design. Board Member Urell asked why a five-foot
high fence is necessary. Ms. Imhoff stated that a five-foot high fence is needed for security
purposes. She stated that the view from the public right-of-way and the adjacent private
properties would not be impacted because the wrought iron fence is of an open design with
a large gap between ballisters.
David Stuart, 1470 Locust Street, said that he is the president of the Downtown
Neighborhood Council, and that he is not in favor of the fence. He said the fence would
create a fortress-like appearance. He discussed the aesthetics of fences in the district,
noting that a three-foot high fence will provide security and define the yard area. Ms.
Imhoff said that a five-foot high fence would provide added security and improve the
marketability of the building. She stated that the property owner's intent is to improve the
property and add parking.
Staff Member Wernimont discussed front yard versus back yard fence height requirements.
Ms. Imhoff stated that the property owner's intent is to place the five-foot high fence along
the entire perimeter of the yard. Staff Member Wernimont discussed fence standards,
noting that there is a four-foot height limit in the front yard and seven-foot high limit in the
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 2
side and rear yards. He stated that without an open design, the view to the sidewalk and
street from the adjacent private driveway would be somewhat limited. He stated that the
Board could require an open design to improve visibility.
Board Members discussed the request, noting that a four-foot high solid fence is permitted
in this district. Board Members felt that the fence design and height would not have a
negative impact on the adjacent properties.
Motion by Klauer, seconded by Urell, to approve the special exception request, with the
condition that the fence be designed as per Exhibit A. The motion was approved by the
following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None.
DOCKET 32-05: Application of Merle Ferguson/PAL LLC fora special exception for
property located at 1689 Main Street to construct a five foot high fence along the front
property lines (W. 17th & Main Streets), 4 foot high and 2 foot high respectively maximum
permitted, in an R-4 Multi-Family Residential zoning district.
Jan Imhoff stated that she represents Merle Ferguson of PAL, LLC. She said it is her
client's intent to construct a similar style five-foot high fence along the boundary of their
Main Street property. She said that the property owner has renovated the building and
wants to provide a security fence. She discussed the property layout and visibility at the
corner. She said that traffic visibility should not be limited because of the fence's open
design. She distributed photos of the property to the Board.
Board Members discussed the visibility triangle and Staff Member Wernimont clarified the
location of the fence relative to said triangle. Staff discussed the fence height calculation,
clarifying that the fence height would be measured from grade level.
Jim Jacobsen, 175 W. 1ih Street, spoke in opposition to the request. He said that a
security fence is not necessary in this neighborhood. He said that the neighborhood needs
more green space and open area, not more fencing. He said he is opposed to any fence
at this location.
David Stuart, representing the Downtown Neighborhood Association, stated that the
Association has worked to improve streetscapes in the neighborhood. He said that there is
no need for a walled-in apartment building in this area. He stated that a five-foot high
fence will not improve security. He asked Board Members to deny the request.
Jim Schneider, of Hoffman Schneider Funeral Home, said he agreed with the previous
speakers in opposition. He said that the intersection of 1 ih Street and Main Street is very
dangerous and that nothing should be allowed to inhibit the view at this location.
Ms. Imhoff stated that the apartment building has experienced security problems in the
past. She stated that the property owners have evicted tenants and want to improve the
overall safety of the building and the neighborhood. She said it is the intention of the
Minutes - Zoning Board of Adjustment
May 26,2005
Page 3
property owner to improve the building and offer a safe environment to potential tenants.
She said that to achieve these ends, the building would have a locked entry door and
locked gate.
Chairperson Ruden and Board Member Gibbs asked if the security was required from
tenants or from the general public. Staff Member Wernimont defined the visibility triangle.
He stated that the submitted fence design is open. He stated that fence height is
measured from grade level at the base of the fence to the top of the fence. He
recommended that, if approved, the Board require an open design to improve visibility.
Board Member Klauer stated that if the request was for a decorative fence, and not a
security fence, it would not have generated as much controversy. He stated that a five-foot
high decorative wrought iron fence is in keeping with the character of the neighborhood.
Commissioner Urell stated that the fence is indeed ornamental and only one-foot higher
than would be permitted under existing Ordinance regulations. Board Member Klauer
stated that the fence is not higher than the adjacent shrubbery.
Chairperson Ruden stated that the fence is not in character with the neighborhood
because it is only two feet from the building. Board Member Urell stated that the applicant
could erect a four-foot high fence in the same location. Board Member Klauer stated that
the fence was in keeping with the character of the neighborhood.
Motion by Klauer, seconded by Urell, to approve the special exception request with the
condition that the fence be designed as per Exhibit A. The motion was approved by the
following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None.
DOCKET 33-05: Application of Merle Ferguson/PAL LLC for a special exception for
property located at 1689 Main Street to convert a six-plex to an eight-plex with 5,700
square feet of lot area, 16,600 square feet minimum required, in an R-4 Multi-Family
Residential zoning district.
Jan Imhoff stated she represents Merle Ferguson/PAL, LLC. She said the property
owner's intent is to convert a large six-plex to an eight-plex by adding two units in the
basement. She said the property owner has been working with the Building Department in
an effort to add the units as part of the general renovation of the building. She said that
the property owner will provide seven paved off-street parking spaces behind the building
along the alley. She said that the property owner has considered acquiring property across
the street for additional parking.
Board Member Gibbs asked if the applicant had sought the advice of the Fire officials
regarding adding two units in the basement. Ms. Imhoff said that the property owner has
worked closely with the Building Department.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 4
Jim Jacobsen, 175 W. 1ih Street, spoke in opposition to the request, stating that the
neighborhood is already densely developed. He said that he has improved his property
and adding units in this neighborhood would detract from the value of his property.
Board Member Ruden asked Mr. Jacobsen why he feels that extra apartments in this
neighborhood are a problem. Mr. Jacobsen said that they would have a negative impact
on the density and generate additional demand on parking.
Chairperson Ruden asked if parking was a problem in this neighborhood. Mr. Jacobsen
answered in the affirmative.
David Stuart, representing the Downtown Neighborhood Association, discussed the
rationale for lot area requirements, building setbacks, open space and recreational area
requirements. , He stated that the applicant is merely paving over the green space and
putting more people in the building. He stated that the Comprehensive Plan's
Environmental, Land Use and Economic Development Goals and Objectives were not
being followed. He said that there are several other buildings in the neighborhood that
could be improved to provide the additional units sought after by the applicant.
Greg Stover, 1145 Locust Street, said that he has been in the process of restoring a lot of
property in the downtown area. He said he opposes the increase in units because it will
create too dense of development with a revolving door clientele. He said this will not be
balanced development.
Jim Schneider, Hoffman Schneider Funeral Home, stated he objects to the proposal
because of density issues.
Ms. Imhoff said that the property owner's goals are the very same goals expressed by the
speakers. She said that her client supports restoration, neighborhood diversity and
tourism. She stated that the renovated apartments will be first class. She said that the
property owner has already done a great job at renovating and restoring the properties.
She said that the property is located in the Jackson Park area with plenty of available
green space. She said that the building is currently vacant.
Board Member Klauer asked how large the apartments would be. Ms. Imhoff stated that
the apartments are 1,200 square feet each, including the two new basement apartments.
Staff Member Wernimont outlined the staff report. He said that the applicants have
satisfied the parking requirement. He recommended that, if approved, the Board require
approval to be contingent on parking. He discussed the amount of square footage required
for adequate recreation, parking and storage area on typical lots. He stated that the
basement apartments must meet the Uniform Building Code.
The Board discussed the request and Board Member Klauer read the criteria for granting a
special exception. Board Member Klauer said he feels the request meets the criteria. He
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 5
stated that it is sad that there are neighbors in opposition to the property improvements.
He stated that the City's goal is to try to promote additional residential development in the
downtown area.
Board Members discussed the requirements for granting a special exception.
Motion by Urell, s~conded by Klauer, to approve the special exception request with the
condition that the required amount of parking be provided. The motion was approved by
the following vote: Aye - Klauer, Urell, and Ruden; Nay - Gibbs.
DOCKET 34-05: Application of Merle Ferguson/DASUT LLC for a special exception for
property located at 1560-1568 Iowa Street to convert a five-plex to a seven-plex with 5,820
square feet of lot area, 14,000 square feet minimum required, in an R-4 Multi-Family
Residential zoning district.
Jan Imhoff stated she represents Merle Ferguson/DASUT LLC. She said his intent is to
convert a historical building from a five-plex to a seven-plex by adding two units in the
basement. She said that parking will be provided in what are currently dilapidated and
substandard garages accessed from the alley. She said these garages will provide six
additional off-street parking spaces. She said that the tenants have requested additional
paved parking.
Dave Stuart said he represents the Downtown Neighborhood Association. He said the
Association has made great strides in improving the neighborhood. He said that if the
request is granted, the property owner will pave over additional green space and place
additional units next to single-family homes. He said that much of the former green space
in the downtown area has been lost. He stated that loss of green space and landscaping
will impact the value of the property, and the desirability for other property owners to
renovate. He said that property owners in the neighborhood have actively created
additional green space through demolition of substandard additions at the back of the
residences.
Jan Imhoff said that to provide additional parking will require no green space to be lost
because the existing garages will be utilized.
Staff Member Wernimont stated that the applicant's request is similar to the former
request. He said that three off street parking spaces must be provided to meet the
requirements established in the Zoning Ordinance. He said that the building currently
consumes the entire lot. He recommended that, if approved, the Board require the
approval to be contingent upon provision of three off-street parking spaces.
Board Members discussed the request.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 6
Motion by Urell, seconded by Klauer, to approve the special exception request with the
condition that three paved off-street parking spaces is provided. The motion was
approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay - Gibbs.
DOCKET 35-05: Application of Eldee & Debra Then for a special exception for property
located at 2401 W. 32nd Street to build a single-family home 260 feet from the front
property line (W. 32nd Street), 50 foot maximum permitted, and to build a 6,000 square
foot detached garage, 1,000 square foot maximum permitted, in an R-1 Single-Family
Residential zoning district.
Eldon and Debra Then presented their application, stating that their lot is three to four
acres in size.
Staff Member Hemenway presented letters of opposition for the Board's review.
Mr. Then discussed emergency access for the Fire Department, stating he would place a
20-foot wide paved access drive to the residence. He stated that the proposed detached
garage would be 25 feet from the property line, hunter green in color and screened with
evergreen trees. He stated that he would like to store antique tractors, a snowplow,
campers and lawn equipment for the property. He said the garage would not be used for
commercial purposes.
Board Members and Mr. Then discussed the number and size of the equipment that he
plans to store. Mr. Then stated the construction equipment would not be stored in this
structure as he is no longer a contractor.
Staff distributed photos of the site for Board review. Mr. Then noted that he has 10 antique
tractors that are approximately 5 feet by 8 feet in size and a large utility trailer necessary
for maintenance of the property.
Kevin Hahlen, 2359 W.32"d Street, spoke in opposition to the request, expressing concern
with the excessive size of the garage.
Dorothy Gottschalk, 2427 W. 32"d Street, stated she is opposed to the special exception
request because of the potential negative impact to her property.
Mr. Then said that the building would not be commercial in design and that the storage
building would look better than outdoor storage of all of his vehicles. He stated that
existing trees would screen the site from the adjacent residences.
Board Members discussed the request, noting that the proposed structure is supposed to
be accessory to a residential use. Board Members felt that Mr. Then could store his
vehicles in a smaller building. Board Members asked Mr. Then if he wished to table his
request, reconsider the size of the storage building, communicate his intentions with the
neighbors and then come back before this Board. Mr. Then agreed.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 7
Motion by Klauer, seconded by Gibbs, to table the request. The motion was approved by
the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None.
DOCKET 36-05: Application of Annette & John Savary/Roger & Shirley Eppler for a
special exception for property located at 785 Wilson Street to build a 24 foot by 24 foot
detached garage 0 feet from the front property line (Roberts Street), 20 feet required, and 2
feet 6 inches from the south side property line, 3 feet required, in an R-2A Alternate Two-
Family Residential zoning district.
John Savary, 526 Obeche Ct, stated that he represents the Epplers. He reviewed the
request with the Board noting the setbacks of other garages in the neighborhood. He said
that the request is to remove an existing small garage and replace it with a larger garage 0
feet from the Roberts Street property line, and 2.5 feet from the south side property line,
between the Epplers and the adjacent residential property~
Staff Member Hemenway reviewed the request, noting the existing dilapidated garage is
being removed, and that there are six other garages on the Roberts Street frontage that
are building to the property line. He stated that the Board often requires a survey when the
applicant is asking to build 0 feet from the property line.
Board Members discussed the request and felt that it met the criteria for granting a special
exception.
Motion by Klauer, seconded by Gibbs, to approve the special exception request as
submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper,
Gibbs and Ruden; Nay - None.
DOCKET 37-05: Application of Mark & Barbara Wertheimer for a special exception for
property located at 1004 W. 3rd Street to build a 14 foot by 20 foot detached garage 10
feet from the front property line (Hill Street), 20 feet required, and 4 feet from the west side
property line, 6 feet required, in an R-2 Two-Family Residential zoning district.
The special exception request was withdrawn at the applicant's request.
DOCKET 23-05 (tabled): Application of Flowerama/Steve Smith for a special exception 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 Nigren, Vice President of Flowerama, reviewed his request with the Board. He said
that because of its placement, the existing freestanding sign is not effective in terms of
visibility. Mr. Nigren reviewed photos of the site with the Board and noted that Flowerama
would occupy approximately 3,000 square feet of the strip commercial center. He
distributed photos of other Flowerama stores throughout the area, indicating the type of
number of signs permitted in other communities. He stated that without the additional
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 8
signage, Flowerama cannot adequately convey their message of quality flowers at
reasonable prices. He stated that other variances had been granted in the area, including
Walgreen's and Four Seasons Buffet. He said that because the Flowerama will be utilizing
several tenant spaces, the aggregate signage they are proposing is actually less than if
each individual tenant space were granted a 100 square foot sign.
Staff Member Hemenway reviewed the staff report, noting that Four Seasons Buffet
received a variance in 1997. He noted the surrounding land use, zoning and
recommended that the Board review the criteria for granting a variance.
Board Members discussed the request, noting that the applicant is in a corner space.
Board Members felt that four signs were excessive, but that two wall-mounted signs may
be acceptable. Board Members discussed the types, square footage and style of the signs
proposed. Board Members reviewed the criteria for granting a variance and felt that the
applicant did not demonstrate a hardship that would require four signs for this location.
Motion by Klauer, seconded by Urell, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - Klauer; Nay - Urell, Gasper, Gibbs and
Ruden.
DOCKET 38-05: Application of Michael Ryan, Howard Green Co.lCity of Dubuque for a
conditional use permit for property located at University Avenue/U.S. Highway 20 for the
extension of a 12 foot by 12 foot twin box culvert in a designated Flood Hazard area.
Staff Member Kritz, representing the City of Dubuque, spoke regarding the proposed box
culvert to be located in a designated flood hazard area. He said that the Corps of
Engineers and the Department of Natural Resources have reviewed and approved the
permit for development in the flood hazard area. He discussed storm water flow and
culvert capacity issues with the Board.
Mary Jo Brooks, 2790 University Avenue, stated that the mouth of the culvert is near her
front yard. She said that Catfish Creek frequently leaves its banks and floods her property.
She said that because of the road construction project, there is little area left to
accommodate the floodwater. She said that the creek will flow directly through the culvert
and into her front yard, leaving mud and debris in its wake.
Board members discussed the culvert size, alignment and capacity. Ms. Brooks said that
her yard has flooded in the past, and she is concerned with future flooding.
Staff Member Kritz offered to table the conditional use request in an effort to provide
additional information requested by the Board.
Motion by Klauer, seconded by Gasper, to table the conditional use request. The motion
was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay-
None.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 9
DOCKET 39-05: Application of Jeanne Archie/Interstate Power & Light Co. for a variance
for property located at 8000 Chavenelle Road to erect a 125 foot telecommunication tower,
50 feet maximum permitted, in the Dubuque Industrial Center West Planned Industrial
zoning district.
Jeanne Archie, representing Alliant Energy, said that Alliant needs a 125-foot monopole
tower with micro link to the downtown area and other substations for emergency
management of their infrastructure. She stated that there is a line of sight necessary from
the tower's high point to receivers located at their satellite facilities.
Board Members reviewed the building, topography and tower design.
Staff Member Kritz discussed the height limitations established for the Dubuque Industrial
Center West planned industrial district. He said that this district does not allow for towers
and that may have been an oversight when drafting the bulk standards for the park. He
stated the Adams Company has expressed no objection to the proposed tower.
Board Members discussed the request and felt that it met the conditions for granting a
variance.
Motion by Klauer, seconded by Gasper, to approve the variance as submitted. The motion
was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay-
None.
DOCKET 40-05: Application of Rich Reinhardt/Greg & Peggy Stover for a variance for
property located at 1850 Central Avenue to open a bar/restaurant/pool hall with a deficit of
17 off-street parking spaces in a C-4 Downtown Commercial zoning district.
Rich Reinhardt reviewed his request with the Board. He noted that while parking is in high
demand in the downtown area, he feels there is always the ability to find an open space.
He stated that the proposed redevelopment of the building will benefit the area.
Dave Lorenz, 2465 Pennsylvania Avenue, stated that he operates Players Sports Bar. He
said that his business generates a lot of demand for parking and that there is a problem
with the lack of available parking in the area. He stated that demand is greatest from
Wednesday through Saturday late in the evening. He said there are a number of existing
bars and businesses in the area that rely on available parking.
Max Demaso , 2624 Pearl Street, stated that he is opposed to the request because he
owns the building next door to the subject property. He said that his tenants have
complained about difficulty in finding parking in the neighborhood.
Richard Carney, 1919 Central Avenue, spoke in opposition to the request. He stated that
there is currently a lack of parking in the neighborhood.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 10
Shawn Hamilton spoke in support of the request, stating that there is a need for this type of
business in the area.
Greg Stover, 1145 Locust Street, stated that he is the property owner of the subject
building. He discussed the history of the building and of his efforts to rehabilitate and
renovate historic properties. He stated that when the Hancock House was renovated and
converted into a bed and breakfast, there were many neighbors opposed. He said the
project turned out to be a catalyst for neighborhood and community wide development. He
discussed the positive impacts he felt the rehabilitated building will have on the community.
Mrs. Richard Carney, 1919 Central Avenue, said that she feels there is no need for an
additional bar in this neighborhood. .
Rich Reinhardt stated that a lot of the interior space of the building will be consumed by
pool tables. He said the focus of the bar will be on playing pool and serving food, and that
alcohol is not the primary focus.
Staff Member Hemenway outlined the staff report, noting the parking requirements and
how parking credits and demand are calculated. He stated that the variance request is for
17 off-street parking spaces. He stated that the staff report provides one component ofthe
variance request, and that the neighbor's input is very important in determining the status
of parking in the neighborhood. He said that the bar will generate additional demand on
parking in an area where parking is at a premium; however, it will also serve to renovate
and upgrade a currently vacant business property. He recommended the Board review the
criteria for granting a variance.
Board Members reviewed the criteria for granting a variance and felt that the applicant's
request met said criteria.
Motion by Urell, seconded by Gasper, to approve the variance request as submitted. The
motion was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay-
Gasper.
DOCKET 41-05: Application of Easy Street, Jason Winter/Dave Schmitt/Richard Billmeyer
for a variance for property located at 431 Rhomberg Ave to remove two parking spaces to
allow for an outdoor service area.
The applicant was not in attendance. The Board decided that because the applicant was
not in attendance and not able to satisfy the requirement that all the criteria for the variance
be met, they would deny the variance request.
Motion by Urell, seconded by Gibbs, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper, Gibbs
and Ruden.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 10
Shawn Hamilton spoke in support of the request, stating that there is a need for this type of
business in the area.
Greg Stover, 1145 Locust Street, stated that he is the property owner of the subject
building. He discussed the history of the building and of his efforts to rehabilitate and
renovate historic properties. He stated that when the Hancock House was renovated and
converted into a bed and breakfast, there were many neighbors opposed. He said the
project turned out to be a catalyst for neighborhood and community wide development. He
discussed the positive impacts he felt the rehabilitated building will have on the community.
Mrs. Richard Carney, 1919 Central Avenue, said that she feels there is no need for an
additional bar in this neighborhood.
Rich Reinhardt stated that a lot of the interior space of the building will be consumed by
pool tables. He said the focus of the bar will be on playing pool and serving food, and that
alcohol is not the primary focus.
Staff Member Hemenway outlined the staff report, noting the parking requirements and
how parking credits and demand are calculated. He stated that the variance request is for
17 off-street parking spaces. He stated that the staff report provides one component of the
variance request, and that the neighbor's input is very important in determining the status
of parking in the neighborhood. He said that the bar will generate additional demand on
parking in an area where parking is at a premium; however, it will also serve to renovate
and upgrade a currently vacant business property. He recommended the Board review the
criteria for granting a variance.
Board Members reviewed the criteria for granting a variance and felt that the applicant's
request met said criteria.
Motion by Urell, seconded by Gasper, to approve the variance request as submitted. The
motion was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay-
Gasper.
DOCKET 41-05: Application of Easy Street, Jason Winter/Dave Schmitt/Richard Billmeyer
for a variance for property located at 431 Rhomberg Ave to remove two parking spaces to
allow for an outdoor service area.
The applicant was not in attendance. The Board decided that because the applicant was
not in attendance and not able to satisfy the requirement that all the criteria for the variance
be met, they would deny the variance request.
Motion by Urell, seconded by Gibbs, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper, Gibbs
and Ruden.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 11
DOCKET 29-05 (tabled from April 28. 2005 meeting): Application of Jim
Schumacher/Lamar Advertising, 25 Main Street, to appeal Planning Staffs interpretation of
the Billboard Separation Requirement.
Jim Schumacher, representing Lamar Advertising, stated that the Iowa Department of
Transportation is purchasing the property where one of Lamar's billboards is currently
located. He noted that the billboard is conforming in its size, current location and in terms
ofthe zoning district. He discussed the linear measurement between billboards and noted
that separation should be calculated based on the way the board is facing. He reviewed
the dictionary definition of orientation stating that it refers to an object's relationship to
compass points. He stated that, generally, people read what is in front ofthem. He stated
that the billboard on the Locust Street connector is angled and can be read from multiple
orientations, while the subject billboard by the bridge has only one orientation. He said that
he is not arguing that the subject billboard cannot be seen from both Locust and Dodge
Streets, but that because of its orientation, Lamar could not sell advertising space to clients
based on counts derived from traffic traveling along Locust Street. He reviewed photos of
the billboard with Board Members. He reviewed how a sign is intended to be seen by the
motoring public, stating that signs are oriented toward the direction of travel. He said that
no one would build signs parallel to the direction of travel because the signs would not
make sense.
Staff Member Hemenway reviewed the Ordinance that established off-premise sign
separation, noting that the plurals "streets" and "highways" were purposely used to regulate
signs with multiple orientations. He said that, although Mr. Schumacher has stated that the
subject billboard has a primary orientation, it also has a secondary orientation that is clearly
indicated by the photographs submitted. He stated that the ordinance does not
differentiate between primary and secondary orientations but regulates all orientations
towards streets. He stated that the intent of the ordinance is to limit the number of
billboards in an area, not necessarily from where they can be read, but from their proximity
to each other. He reviewed the exhibits included in the packet.
Mr. Schumacher stated that the billboard on Highway 20, while visible from Locust Street,
is certainly not oriented toward Locust Street, and that if U.S. Highway 20 were not there,
the billboard would not be there.
Staff Member Hemenway reiterated that the billboard is clearly visible from both Locust
Street and Dodge Street and, therefore, enjoys multiple orientations. He said this requires
that the linear separation be measured along both the Dodge Street alignment and the
Locust Street alignment.
Board Members discussed the issue and agreed that the subject billboard has multiple
orientations and that staff's interpretation that separation is measured along both Locust
Street and Dodge Street is correct.
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 12
Motion by Klauer, seconded by Gasper, to affirm staffs interpretation regarding separation
requirements. The motion was approved by the following vote: Aye - Klauer, Urell,
Gasper, Gibbs and Ruden; Nay - None.
DOCKET 28-05 (tabled from April 28. 2005 meeting): Application of Jim
Schumacher/Lamar Advertising for a variance for property located at 25 Main Street to
relocate a billboard 670 feet from an existing billboard, 750 foot minimum required, on a
Federal and Primary highway.
Jim Schumacher, representing Lamar Advertising, reviewed his variance request to move
Lamar's existing billboard 15 feet north of its present location. He said that the State is
purchasing the land on which is existing sign is located. He stated that the location of the
sign is conforming, because it is in an industrial district, which permits billboards. He
stated that the City Council's intent was to maintain the curr-ent inventory of billboards and
that all existing billboards should enjoy grandfather status. He stated that the board will
only be moved 15 feet to the north, and that it is a very valuable site.
Ann Tressel, Lamar Advertising, spoke in support of the variance request.
Greg Burgmeier, Lamar Advertising, spoke in support of the request. He stated that a
billboard at this location is critical for the Diamond Jo Casino's operation.
Staff Member Hemenway reviewed the variance request. He noted that the intent of the
ordinance is to bring underlying zoning regulations into compliance when non-conformities
are lost for whatever reason.
Board Members discussed the intention of the ordinance. Board Members reviewed the
standards for granting a variance. Board Members noted that the sign is being relocated
because of a state action, not because of the applicant's action. Four board members felt
that the request did not meet said criteria and one board member felt that the request met
all criteria.
Motion by Klauer, seconded by Urell, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - Klauer; Nay - Urell, Ruden, Gasper and
Gibbs.
DOCKET 27-05 (tabled from April 28. 2005 meetinaH: Application of Jim
Schumacher/Lamar Advertising for a variance for property located at 3333 Daykin Ct.
(formerly 55 John F. Kennedy Road-West of Intersection of U.S. Highway 20 and
Kennedy Road Intersection) to relocate a billboard 500 feet from an existing billboard, 750
foot minimum required, on a Federal and Primary highway.
Jim Schumacher, representing Lamar Advertising, stated that Lamar pays $50,000 a year
in property tax. He said he feels the Board's actions regarding variance requests were not
consistent. He stated that Lamar has donated in excess of $100,000 to the community
Minutes - Zoning Board of Adjustment
May 26, 2005
Page 13
through public service advertising provided gratis. He stated that the billboard that he is
asking the variance request for has been at its current location since 1962, and that Lamar
Advertising is being compelled to move the billboard because Walgreen's, who is the
current lease holder, is not honoring their lease agreement. He said that the billboard
needs to be moved approximately 15 feet to the north, which does not comply with current
separation requirements. He stated that Lamar Advertising is not willingly moving the
billboard but is being compelled by the new property owners to remove it.
Staff Member Hemenway reviewed the staff report and ordinance regarding separation.
He noted the legal non-conforming status of the billboard and the intention of the
Ordinance regarding elimination of non-conformities.
Board Members discussed the. request and reviewed the criteria for granting a variance.
Board Members discussed the request and several board members felt that it did not meet
the criteria for granting a variance. One Board Member felt the request met all the criteria
established for granting a variance.
Motion by Klauer, seconded by Gasper, to approve the variance request as submitted. The
motion was denied by the following vote: Aye - Klauer; Nay - Urell, Gasper, Gibbs and
Ruden.
MINUTES & NOTICES OF DECISION: The minutes of the April 28, 2005 meeting and
Notices of Decision for Dockets 14-05, 18-05, 19-05,20-05,21-05,22-05,23-05,24-05,
25-05,26-05,27-05,28-05,29-05 and 30-05 were approved as submitted.
ITEMS FROM BOARD: Board Member Gasper noted that he will be having a back
operation on June 14tn and may not be available for several upcoming meetings.
ITEMS FROM PUBLIC:
ADJOURNMENT: The meeting adjourned at 9:00 p.m.
Kyle L. Kritz, Associate Planner
Adopted