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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