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Minutes Zoning Bd of Adj. 7 28 05 ..,~ 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. - - 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