Minutes Zoning Bd of Adj. 7 28 05
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MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, July 28, 2005
4:00 p.m.
Auditorium, Carnegie Stout library
360 W. 11 th Street, Dubuque, Iowa
DRAF
PRESENT:
Chairperson Mike Ruden; Board Members Jim Urell and Randy Klauer;
Staff Members Guy Hemenway and Wally Wernimont.
ABSENT:
Board Members Bill Gasper and Jim 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 order at 4:02 p.m.
DOCKET 46-05: Application of Brian Vize for a special exception for property located at
460 Winona Street to build a 24 foot by 30 foot detached garage 0 feet from the north and
east side property lines, 6 feet required, in an R-2 Two-Family Residential zoning district.
Brian Vize explained his project to the Board. He said his intention is to remove an old
garage and build a smaller garage that is shorter but deeper. He said he intends to reorient
the garage access. He said the new garage will be a couple of feet from the alley.
Thomas J. Smith, 350 Winona Street, said that he does not object to the zero foot setback
on the north side property line but does object to the zero foot setback on the east side
property line. He said a garage at this location will inhibit access along the alley. He stated
that Mr. Vize currently has a truck with a trailer, a van and a car parked at this location. He
indicated the location of his residence on an aerial photo for the Board.
Mr. Vize, Mr. Smith and the Board discussed the project design. Mr. Vize stated that the
alley has a low volume of only local traffic. He stated that Mr. Smith is asking that he
provide space for vehicular circulation on his yard. He stated that his overhang will not
project over the property line. He stated that he has a different shop building for his
contracting business.
Staff Member Wally Wernimont outlined the staff report. He said that Mr. Vize could
remove the exisiting garage and rebuild a garage on the same footprint. He stated that Mr.
Vize's intention is to slightly expand the garage. He said that he has spoken with Dave
Sitzman, Lead Sanitation Driver from the City's Operations and Maintenance Department,
and that he has no objection to Mr. Vize's project as it relates to garbage truck access
through the aUey. He stated that the garage will be built outside the visibility triangle.
Board members discussed the request noting that it is not appropriate for the Board to limit
Mr. Vize's project because of the need for vehicular circulation across his lot.
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fence would provide additional privacy to his lot.
Staff Member Hemenway presented photos of the site for the Board's review. Staff
member Hemenway outlined the staff report noting the existing fence regulations and the
proposed fence location as it relates to the adjacent residential property. He stated that the
subject property is a comer lot and that the fence would not be built in the visibility triangle.
He stated that Mr. Yager must place the fence on his lot line and not out onto public right of
way as indicated on the submitted site diagram.
Board members discussed the request. Board Member Klauer stated that he is not in favor
of a six foot high fence along Asbury Road.
Board Chair Ruden offered the applicant the ability to table his application until such time
as the fuU Board was present. Mr. Yager said that would be his preference.
Motion Klauer, seconded Urell, to table the application until the next regular meeting. The
motion was approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay - None.
DOCKET 48-05: Application of Jim Matheos for a special exception for property located at
1375 Iowa Street to construct a 7 foot by 2 foot addition 1 foot from the rear property line,
10 foot minimum requirement, and to cover 84.3% of the lot, 50% maximum permitted, in
an OR OfficelResidential zoning district.
Board Members decided to hear Dockets 48-05 and Jim Matheous outlined his project for
the Board. He said that he would like to rebuild and enlarge a small attached shed and
convert it to a bathroom. He said that the shed is connected to an adjoining structure on
the adjacent property. He said he will tear down and extend the new addition over a
window and that he will pour a new foundation for the structure. He stated that most of the
adjacent property is single family residential and that he is asking to convert the building
into a duplex;
Mary Gotz, 1363 Iowa Street, spoke in opposition to the request. She stated that she is
concerned primarly with the addition of a unit and its effect on the demand for off-street
parking. She noted that there is a parking problem in the neighborhood. She said that she
has no off-street parking spaces for her multi-family dwelling. Board members discussed
the number of units in the area and off-street parking available for those units.
Minutes - Zoning Board of Adjustment
July 28, 2005
Page 3
Mr. Matheos rebutted stating that he is working with the City's Rehab program to develop
an additional housing unit for low income individuals. He stated that, because of the low
income demographic, his clients are often times not vehicle owners and will not place a
significant additional demand on parking.
Staff member Hemenway presented the staff report. He noted that the shed structure on
the back of the building is proposed to be expanded. He stated that there is no alley in the
back of the property, but a five foot public access. He said the applicant is slightly
increasing the lot coverage by fourteen square feet from approximately 83% to 84.3% lot
coverage. He stated that the addition of a unit at this location requires provision of two
additional off street parking spaces or that a parking variance be granted. Staff Member
Hemenway noted the exisiting conditions in the neighborhood including the location of the
metered parking and adjacent private parking lots. He also recommended that the Board
review the criteria for granting a variance.
Board members discussed the number of units in the building and the adjacent residential
buildings. Board members discussed the request and felt that the addition of a unit will
place a very small burden on the demand for on-street parking.
Motion Urell, second Klauer, to approve the special exception as submitted. The motion
was approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay - None.
DOCKET 49-05: Application of Patrick Leonard for a conditional use permit for property
located at 2573 Rockdale Road to construct a 44-space parking lot to serve an existing
funeral home.
Patrick Leonard presented his application to the Board. He noted that he is in the process
of purchasing an adjacent residential lot with the intent to expand his exisiting parking lot.
He stated that his neighborhood is a mixed use area with several commercial properties
and a vacant lot adjacent to his property. He said that he wants to save as many trees on
the lot as possible.
Staff Member Hemenway presented the staff report. He noted that the applicant's request
is for a conditional use permit to expand an exisiting parking lot for a funeral home in an R-
1 district. He said that Mr. Leonard's intent is to add 44 paved off-street parking spaces to
an exisiting 41 space parking lot. He noted the exisiting neighborhood conditions including
the proximity of the business to Roeder Implement. He said that overflow parking is
located along the gravel shoulder of Rockdale Road or across the road on Roeder
Equipment's parking area. He said this creates a public safety issue.
Staff Member "Hemenway said that the parking lot would be subject to further site plan
review that will show storm water convenyance, screening, and the access on a scaled and
annotated drawing.
Board members discussed the request and felt it was appropriate to provide additional
parking for the funeral home.
Minutes - Zoning Board of Adjustment
July 28, 2005
Page 4
Motion Klauer, second 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 50-05: Application of Michelle Mihalakis/Gronen Properties LLC for a variance
for property located at 2080 Elm Street to construct a building eight feet from the front
property line (Elm Street) and four feet from the front property line (Lincoln Avenue), 20
feet required for both setbacks, in an OR Office/Residential zoning district.
Motion Urell, seconded by Klauer, to table the variance request at the applicant's
request. The motion was approved by the following vote: Aye - Klauer, Urell, and Ruden;
Nay - None.
DOCKET 51-05: Application of Michelle MihalakislGronen Properties LLC for a variance
for property located at 2080 Elm Street to open a 20-room boarding house with two
employees, and a deficit of nine off-street parking spaces.
Motion Klauer, seconded by Urell, to table the variance request at the applicant's request.
The motion was approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay -
None.
DOCKET 52-05: Application of Jim Matheos for a variance for property located at 1375
Iowa Street to add a unit with a deficit of two off-street parking spaces in an OR
Office/Residential zoning district.
Board discussion for Docket 52-05 occurred during the special exception request of Docket
48-05. Motion Urell, seconded by Klauer, to approve the variance request as submitted.
The motion was approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay-
None.
MINUTES & NOTICES OF DECISION: The minutes of the June 23, 2005 meeting and
Notices of Decision for Dockets 35-05, 38-05, 42-05, 43-05, 44-05, 45-05 and 46-05 were
approved as submitted.
ADJOURNMENT: The meeting adjourned at 5:00 p.m.
Respectfully submitted.
Kyle L. Kritz, Associate Planner
Adopted