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Minutes Zoning Bd Adj 8 25 05 f MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION ~ ,~f ~ Thursday, .August 25, 2005 'U'\ ~ ~~..."j." ".l~ it 4.00 p.m. ~ ..~ 'f~ U Auditorium, Carnegie Stout Library "" D 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Bill Gibbs, Jim Urell, and Randy Klauer; Staff Members Kyle Kritz, Guy Hemenway and Wally Wernimont. ABSENT: Board Member Bill Gasper. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to at 4:02 p.m. DOCKET 47-05: Application of Mike Yager for a special exception for property located at 2390 St. John Drive (tabled) to install a 6 foot high privacy fence along the front property line (Asbury Road) 4 foot high maximum permitted, in an R-1 Single-Family Residential zoning district. Board Members tabled the special exception at the applicant's request. Motion by Klauer, seconded by Ruden, to table Docket 47-05 at the applicant's request. Motion carried by the following vote: Aye - Klauer, Urell, Ruden and Gibbs; Nay - None. DOCKET 53-05: Application of David Rhodes for a special exception for property located at 770 Kane Street to construct a 24 foot by 30 foot addition 1 foot from the west side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. David Rhodes, 770 Kane Street, presented his request to the Board. He stated he would like to build an addition with a garage below at the rear of his house. He noted that he had his property surveyed. He stated that there will be an access drive to the back of his house along the east side of the property. Staff distributed photos of the site to the Board. Bill Morgan, 760 Kane Street, spoke in opposition to the request. He stated that he has concerns with the driveway access and potential drainage into his yard. Mr. Rhodes noted that the driveway will be designed in such a fashion as to direct storm water back onto his property and not onto his neighbor's lot. Board Members discussed the drainage issue. Minutes - Zoning Board of Adjustment August 25,2005 Page 2 Staff Member Hemenway presented the staff reported. He outlined the request and noted that the location of the garage will be one foot from the west side property line, and not encroach on the neighbor at 760 Kane Street. He stated that property owner's can locate a driveway up to their property line. He said that, if approved, staff recommends that the storm water from the access drive be directed back onto the subject property. The Board discussed the request and stated that they do not have a concern with the proximity of the garage to the west side property line, but they are concerned that runoff from the driveway may flow onto the adjacent lot at 760 Kane Street. Motion by Urell, seconded by Klauer, to approve the special exception request with the condition that the storm water from the access drive be directed onto the subject property. Motion carried by the following vote: Aye - Klauer, Urell, ~ibbs and Ruden; Nay - None. DOCKET 54-05: Application of Ken & Jennifer Hermsen for a special exception for property located at 450 S. Grandview Avenue to construct an attached garage/ patio 3.5 inches from the north property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Bill Gibbs stepped down from the table stating that the applicant was a neighbor, therefore, he has a conflict. Ken Hermsen outlined his request for the Board. He stated that he is planning to construct a 17' by 21' attached garage with concrete walkway. He said the walkway will be suspended along the side of the residence and will be 3.5 inches from the property line at its closest point. He stated that he has had a retracement of the property and produced an engineered site diagram indicating the property lines, footprint of the residence, and the proposed addition/walkway. Board Members discussed the legal non-conforming status of the subject residence. Mr. Hermsen said that he will enclose the walkway with a decorative iron railing. Staff Member Wernimont discussed the site layout and the project design. He said that the addition and walkway are not parallel to the property line, and that the encroachment tapers away from the adjacent lot. He stated that the elevated concrete sidewalk is deemed a structure and, therefore, must meet current setbacks. Board Members reviewed the site diagram and discussed the request. They noted that the project should have very limited impact on public safety or the adjacent residential property. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Ruden; Nay- None; Abstain - Gibbs. , Minutes - Zoning Board of Adjustment August25,2005 Page 3 DOCKET 55-05: Application of James & Pamelape Gantz for a special exception for property located at 450 Bluff Street to build a 33-foot by 20-foot attached garage 2 feet from the rear property line and 0 feet from the south side property line, 23 feet and 3 feet respectively required, and to cover 65% of the lot with structure, 50% maximum permitted, in an OC Office Commercial zoning district. Jim Massey, 450 Bluff Street, stated that he wants to build an attached garage 11 feet high with a flat roof and three-foot railing. Board Members reviewed the submitted site diagram. Mr. Massey approached the table and explained his project layout for the Board. He said the garage will accommodate one or two cars. Art Nagel, 3087 Central Avenue, and Oliver Nagel, 448 Bluff Street, approached the table to review the site diagram and photographs. Oliver Nagel stated that he is opposed to 0- foot setback along his property line. He stated that he is worried about visibility, especially when backing from his property into the alley. He asked how the side of the building would be maintained without Mr. Massey having to access his property. Mr. Massey stated that no runoff from his building would go onto his neighbor's property, and that the proposed garage should not pose a traffic safety problem. Staff Member Wernimont outlined the staff report. He said that the Historic Preservation Commission has reviewed Mr. Massey's project and addressed storm water issues as part of the review. He said that the construction design is brick over split block. He said that sight visibility along the alley may pose a safety issue. Chairperson Ruden asked about traffic and Mr. Massey stated that the alley is not heavily traveled. Board Member Klauer read the criteria regarding granting a special exception. Board Members discussed the site layout and felt that the applicant could reduce the garage depth to meet the required six-foot rear yard setback and, therefore, not pose a traffic safety issue for vehicles backing into the alley. Motion by Urell, seconded by Gibbs, to approve the special exception request as submitted. Motion was denied by the following vote: Aye - Ruden; Nay - Klauer, Urell and Gibbs. DOCKET 56-05: Application of John Whalen for a special exception for property located at 584 W. 11th Street to build a 21 foot by 22 foot detached garage 0 feet from the rear property line, 6 feet required, in an R-3 Moderate Density Multi-Family zoning district. Minutes - Zoning Board of Adjustment August 25, 2005 Page 4 Tony Norby, 3080 North Cascade Road, said that Mr. Whalen had acquired the property at 584 W. 3rd Street and was directed by the City of Dubuque Building Department and the Housing and Community Development Department to remove a deteriorated garage. He stated that his intent was initially to remove the garage and replace it on the same footprint, but that he had inadvertently repositioned the garage outside of the original footprint. He stated that he has had the property surveyed and that the foundation wall of the garage is at least three feet from the rear property line. He approached the table and discussed the site layout with the Board. He stated that he feels the building wall is 3'9" from the rear property line, 2'9" with the one-foot overhang. Mary Rose Corrigan stated that she owns the property at 571 Jefferson, and that the project, as proposed, is appropriate and a positive improvement for the neighborhood. Staff Member Wernimont outlined the staff report, stating' the applicant was cited for a deteriorated garage and that he removed it and built a new structure slightly outside the footprint of the old garage. Board Members discussed the setback request based on the survey and felt that it is appropriate and will not pose a traffic safety issue or have a negative impact on the adjacent residential properties. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None. DOCKET 57-05: Application of Ted Winders for a special exception for property located at 493 Hayden Lane to build an attached carport/deck 0 feet from the front property line, 10 feet required, and 0 feet from the rear property line, 9 feet required, and to cover 70% of the lot with structure, 50% maximum allowed, in an OC Office Commercial zoning district. Ted Winders, 493 Hayden Lane, discussed his request with the Board. He stated that he would like to build a carport, walkway, set of steps and railing around his house as a part of a general renovation of the structure. Staff Member Hemenway provided photos of the site to the Board. Board Members reviewed the photos. The Board and staff discussed the legal status and location of the platted Hayden Lane access. Board Members discussed the change of grade for the proposed paved pad and the location of the deck relative to the adjacent properties. Staff Member Hemenway presented the staff report, noting the site characteristics and reiterated the setback request. He stated that the proposed carport/deck will encroach onto Hayden Lane, which is not a public right-of-way, but private property shared by Minutes - Zoning Board of Adjustment August 25,2005 Page 5 several neighbors. He stated that Mr. Winders proposed project has been approved by the Historic Preservation Commission. Board Members discussed the request and felt that it would have very limited impact on public safety or the adjacent residential property. Motion by Urell, seconded by Klauer, to approve the special exception request with the condition that the applicant may not encroach upon the property of another without consent of the owner of the property encroached upon. Motion carried by the following vote: Aye- Klauer, Urell, Gibbs and Ruden; Nay - None. DOCKET 58-05: Application of Anne Tomecek for a special exception for property located at 1339 Mt. Pleasant to build 18 foot by 40 foot detached garage 2 feet from the south side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Steve Tomecek, 1339 Mt. Pleasant, presented his request to the Board. He stated that the garage will be able to accommodate two vehicles end-to-end. He stated that it is necessary to place the garage at this location because the yard drops off at the rear of the property. He stated that to accommodate a garage at the rear of the property would require an engineered footing and additional fill. He stated there is an existing driveway to serve the garage. Staff distributed photos of the site to the Board. Mike Kalb, 1319 Mt. Pleasant Street, presented photos of the site to the Board. He said he is opposed to the request. He said the garage will block the light to his yard and the view from the side of his house. He stated that the proposed garage will have a negative impact on the value of his property, and that he has concerns with storm water runoff. He said that the garage can be built at the rear of the property like other garages on adjacent residential lots. He noted the location of his bedroom, family room and three season's porch on his residence, stating that the garage will inhibit the view from these rooms. Tony Norby, 3080 North Cascade Road, spoke in favor of the request. He stated that he is the contractor for the project. He said that storm water would be directed away from the adjacent residential property. He said that he will regrade the driveway to help redirect the drainage. He said that it will be very costly to create a large frost footing and wall for a garage at the back of the lot. He said that the garage would be placed on a floating slab. Board Members discussed the project and the elevation of the yard. Mr. Tomecek rebutted stating that the garage, as proposed, is at the best location for him. Staff Member Hemenway presented the staff report. He noted the distance between the neighboring residence and the proposed garage. He said that the driveway can be placed Minutes - Zoning Board of Adjustment August 25, 2005 Page 6 up to the property line. He recommended that, if approved, the Board require that the storm water be directed away from the adjacent residential property. Board Members discussed the request and felt that it did not meet the criteria for granting a special exception. Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. Motion was denied by the following vote: Aye - None; Nay - Klauer, Urell, Gibbs and Ruden. DOCKET 50-05: Application of Michelle Mihalakis/Gronen Properties LLC for a variance (tabled) 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. Chairperson Ruden asked to hear both Dockets 50-05 and 51-05 simultaneously and vote on each separately. Michelle Mihalakis said that she would like to build a 19-room single-room occupancy rooming and boarding house with community room and kitchen on a lot at 2080 Elm Street. She distributed photos of the neighborhood. She said the photos demonstrate that the area is mixed-use in nature and that many of the structures in this area are built close to the property line. She said the photos also'demonstrate that there is available on-street parking in the area. She stated that there is a need for a rooming house to accommodate female patrons. She said that Scott Potter has 50-rooms in three buildings that are available only to men. She said that the location of the proposed rooming house is within walking distance of goods and services, and that her clientele will not generate much additional traffic or demand on parking. She stated that she went to the City Engineering Department regarding traffic accident data. She said there are no counts for the intersection of 21st and Elm Street available. She distributed photos of Scott Potter's Davis Place apartments and Maria House, indicating that the parking lots were not fully utilized. She discussed the Bee- Branch sewer project and said that, when completed, it will reduce traffic and demand on parking in the area. She approached the table and discussed vehicular circulation and parking in the neighborhood. She stated that she is negotiating to purchase Mr. Fred Boyes property for additional parking across 21st Street. She stated she has redesigned the building and reduced the footprint enabling her to increase the setback to 12 feet from both frontages. She distributed a site diagram and Board Members discussed the site layout. David Chatfield, 3739 Inwood, stated that he represents his mother, Mildred Butikoffer, who resides at 2099 Elm Street. He stated that neighbors submitted a petition with over , , Minutes - Zoning Board of Adjustment August 25, 2005 Page 7 50% opposition to Ms. Mihalakis's project. He stated that there have been three serious accidents at the intersection of 21 st and Elm Streets in the last 12 months. He said that this is a dangerous intersection because people tend to run the stop sign. He said that traffic safety and demand on parking are issues in the neighborhood. He said that the streets are narrow at this location, which creates less parking and more traffic hazards. Ms. Mihalakis said that there has been a lot of misunderstanding regarding her project and notification. She stated that she will set up a meeting with the neighbors to discuss their concerns. She said that her clientele are primarily indigent individuals and do not, in general, have vehicles. She said that she will be providing nine paved off-street parking spaces for her facility and that this should be adequate. She stated that the building's 12- foot setback will provide adequate visibility for traffic safety and adequate green space. Staff Member Wernimont outlined the staff report. He said that the current R-2A zoning permits a 1 O-foot setback for a residential structure. He said that if the pending rezoning were to be approved, the OR district requires a 20-foot setback. Board Members discussed the request for the setbacks and parking, discussing traffic safety and parking demand. Chairperson Ruden asked if the staff had received concerns regarding parking or traffic safety. Staff Member Wernimont referred the Board to three letters received from adjacent property owners that outline concerns regarding traffic safety and parking issues. Board Members reviewed the criteria for granting a variance, and stated they feel that the request meets said criteria. Motion by Urell, seconded by Klauer, to approve Docket 50-05 with the condition that the setback for both the Elm Street and Lincoln Street frontages be a minimum of 12 feet. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None. DOCKET 51-05: Application of Michelle Mihalakis/Gronen Properties LLC for a variance (tabled) 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 by Urell, seconded by Klauer, to approve the parking variance request contingent upon an approved rezoning to OR. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None. DOCKET 59-05: Application of Bird Sign Co. Inc.lCity of Dubuque for a variance for property located at 1801 Greyhound Park Drive to add a second sign to the premises, one sign maximum permitted, in a CR Commercial Recreation District. Chairperson Ruden stepped down from the table because of a conflict of interest. Minutes - Zoning Board of Adjustment August 25, 2005 Page 8 Rick Droeske, representing Lange Sign Group and the Hilton Inn, presented his request. He noted that the variance is needed because of the scale of the buildings and their distance from the access drive. He distributed photos of the site and renderings of the proposed signage. He stated that the Greyhound Park was granted a sign variance for 750 square foot sign and that they had consumed all of the available square footage for the sign. He said that the sign is not intended to advertise to the elevated Highway 151/61. Staff Member Hemenway presented the staff report. He discussed the sign regulations for the CR District. He said that the sign is a small monument-style sign that will be located at the west end of the parking lot along the Greyhound Park Drive frontage. He stated that the intent of the sign is to alert those people on Greyhound Park Drive to the access entrance for parking for the Hilton Garden Inn. Board Members discussed the criteria for granting a variance and felt that because of the scale of the three buildings and the distance of the buildings from the public right-of-way, the variance was appropriate. Motion by Klauer, seconded by Gibbs, to approve the variance request as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Gibbs; Nay - None; Abstain - Ruden. DOCKET 60-05: Application of Stephen & Judy Selchert for a conditional use permit for property located at 1670 J. F. Kennedy Road to place fill and construct a building within a flood hazard area. Wray Childers, IIW, stated that he represents Stephen and Judy Selchert. He outlined their request to place fill on the flood hazard area and build a steel contractor's building. He discussed the letter from the DNR regarding substantial fill on the flood plain. Board Member Klauer questioned the elevation of the fill and the length of the subject lot. Cheryl Zihlke, 266 Kensington Place, said that the building could accommodate any commercial use. She said that she and her neighbor's yards flood frequently and that after a storm event, her yard is filled with debris and mud. She said that her sanitary sewer also backs up and that the City has to pump the sewer for several days after a storm. She said that she is concerned with the potential for excessive traffic along Kensington Street to the proposed commercial building. She said that it is likely that commercial vehicles will turn around in the neighbor's driveways. Wray Childers said that the property is zoned C-2 and that the building is consistent with the commercial uses outlined in C-2. He said that the project will not affect local flooding. Chairperson Ruden asked if three feet of fill will be placed at the corner of the building. Mr. Childers stated that approximately 3.5 feet of fill will be necessary. Board Members discussed the site layout. . . Minutes - Zoning Board of Adjustment August 25, 2005 Page 9 Staff Member Kritz outlined the staff report. He stated that no base flood elevations are established for this property. He said the proposed building and fill will be located in Zone A as shown on the City's floodplain maps. He said that the new detention basin upstream of the property along the Northwest Arterial has improved storm water drainage in the area. He said that, if approved, the building must be elevated one-foot above the flood plain and that site plan review and approval is necessary for this project. Board Member Klauer asked about potential traffic along Kensington Street. Staff Member Kritz stated that issues regarding traffic and access had been discussed at the Zoning Advisory Commission; however, the rezoning had been approved without conditions. Chairperson Ruden said he feels that the very small amount of fill necessary for the project will not affect flooding in the area. Board Members discussed the criteria for granting a conditional use. Motion by Urell, seconded by Klauer, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the July 28, 2005 meeting and Notices of Decision for Dockets 46-05, 48-05, 49-05 and 52-05 were approved as submitted. ADJOURNMENT: The meeting adjourned at 7:50 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted