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Minutes Zoning Bd of Adjust 9 22 05 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, September 22,2005 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAfT PRESENT: Vice-Chairperson Bill Gasper; Board Members Randy Klauer and Jim Urell; Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Board Members Mike Ruden and Bill 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 at 4:00 p.m. DOCKET 47-05: Application of Mike Yager for a special exception (tabled) for property located at 2390 St. John Drive 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. Staff notified the Board that the applicant withdrew his request for a special exception. DOCKET 59-05: Application of Merle Ferguson/PALL LLC for a special exception for property located at 1689 Main Street to construct a porch 6 inches from the front property line, 20 feet required, in an R-4 Multi-Family Residential zoning district. Jan Imhoff, representing PALL LLC, reviewed the request noting that the porch is being rebuilt and will encroach within 6 inches of the front property line. She said the porch is being squared to the building and will be 6 inches closer to the lot line. Dave Stuart, 1470 Locust Street, spoke in opposition to the request stating there has been some misinformation regarding the actual setback. He noted that when this request went before the Historic Preservation Commission the applicant stated they were squaring the porch to the street. Mr. Stewart reviewed efforts to promote street trees, parkways, remove porches that encroach too close to the streets and to promote redevelopment in the neighborhood. Mr. Stuart stated that in order to receive approval from the Historic Preservation Commission, the applicant had to rebuild the porch exactly as it was in terms of size, setback and materials. Mr. Stuart took exception with the staff report indicating that the request does not meet the first three criteria for granting a special exception. Minutes - Zoning Board of Adjustment September 22,2005 Page 2 Mr. Stuart also explained how by counting bricks visible on photos of the building, one can see that one side of the porch is out 8 inches and the other side is out 12 inches. He also stated that while the porch may not encroach in the visibility triangle, it still impacts safety at the intersection. Board Member Klauer asked Mr. Stuart to explain what the Historic Preservation Commission reviewed and subsequently approved. Mr. Stuart explained the series of events that lead to the applicant coming before the Historic Preservation Commission. He also indicated that the Historic Preservation Commission issued a Certificate of Appropriateness; however, Mr. Stuart indicated that he believes that the applicant will have to go back to the Historic Preservation Commission because of changes. Michele Bain, 1433 Main Street and representing her parents who are interested in purchasing the adjacent property, noted concerns regarding the redevelopment potential of the area and the impact of the proposed changes on the property. Andrew Kradjewski, manager of the project, stated that the existing porch had to be removed because of safety concerns. He said they have been in contact with the Historic Preservation Commission and staff and that the porch is being squared to the building. He also stated that they are not changing windows and that the porch will not be used as living space. The Board asked if the original footings are being used. Mr. Klockiski indicated that the footings were enlarged by 4 inches by digging around the old footing and digging below the frost line. Ms. Imhoff reviewed their organizational goals and noted that they want to improve the downtown area by renovating the properties and finding good tenants. She explained that while the porch is somewhat larger, it is much better than the original porch. The Board reviewed with staff, the ordinance regarding special exceptions and grandfather status. Staff Member Hemenway stated that the relevant issue is whether the new construction meets the criteria for a special exception. He reviewed the staff report noting that the porch does not encroach on the visibility triangle of the subject property and that there is no on-street parking allowed on this side of Main Street. The Board reviewed the criteria for granting a special exception. The Board stated that they are only reviewing setbacks and that the request meets all five criteria. Motion by Urell, seconded by Klauer, to approve the special exception as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. , Minutes - Zoning Board of Adjustment September 22, 2005 Page 3 DOCKET 60-05: Application of Richard & Michele Harry Segura for a special exception for property located at 2316 Prince Street to build a 10 foot by 12 foot playhouse 1 foot from the south side property line, and a 2 foot by 5 foot storage shed 1 foot from the north side property line, 3 feet required for both setbacks, in an R-2A Alternate Two-Family Residential zoning district. Staff noted that the applicant requested that the special exception application be tabled to the October 27 Zoning Board of Adjustment meeting. Motion by Urell, seconded by Klauer, to table this agenda item to the October 27, 2005 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. DOCKET 61-05: Application of John McEnery for a special exception for property located at 1715 W. 3rd Street to build a 12 foot by 61 foot addition 3 feet from the east side property line, 6 feet required; 3 feet from the rear property line, 15 feet required; and 11 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. John McEnery, 1715 W. Third Street, requested that his special exception request be tabled to the October 27,2005 Zoning Board of Adjustment meeting. Motion by Urell, seconded by Klauer, to table this agenda item to the October 27, 2005 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. DOCKET 62-05: Application of Ronald McDonald for a special exception for property located at 2435 Queen Street to subdivide a lot with an existing structure to be 0 feet from the side property line, 3 feet required, and 0 feet from the rear property line, 5 foot 6 inches required, in an R-2A Alternate Two-Family Residential zoning district. Ronald McDonald, 548 W. ih Street, reviewed his special exception request noting that the property would be subdivided along a common wall within the structure. He said the structure will then be composed of a single- and a two-family structure. Staff Member Hemenway reviewed the request noting that the subdivision will be done by a licensed land surveyor. Staff noted that the Building Department requirements include a two-hour firewall between the structures. The Board asked whether they should require a survey. Staff indicated that splitting a lot already requires a survey, so a condition to the motion is not necessary. Minutes - Zoning Board of Adjustment September 22,2005 Page 4 Motion by Klauer, seconded by Urell, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay- None. DOCKET 63-05: Application of Patsy Grutz for a special exception for property located at 1391 W. 3rd Street to build a 12 foot by 27 foot attached deck 1 foot from the west side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Patsy Grutz, 1391 W. 3rd Street reviewed a drawing showing the location of the proposed deck noting that it would be no closer to the side property line than the existing house. Staff Member Hemenway reviewed the proposed deck and the topography of the lot. Staff noted no input was received from the neighbors and that the deck would be built flush with the house and be screened by an existing 6 foot privacy fence. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay- None. DOCKET 64-05: Application of In Jun Chong/David LeGrand for a conditional use permit for property located at 3219 Asbury Road to open a chiropractic clinic as a conditional use in an R-2c Two-Family Residential District with conditions. In Jun Chung, 591 Kroll Road, East Dubuque, Illinois, reviewed his conditional use permit request to open a new chiropractic office. He noted that the property formerly was used as a chiropractic office. Staff Member Hemenway reviewed the request noting that the property currently is a duplex, but was formerly a chiropractic office. He noted that there is sufficient off-street parking as required by the zoning ordinance. Staff noted that a home occupation limits employees to family members living in the residence. Staff noted that the Board has the authority to place additional conditions on this request. The Board discussed the hours of operation for the clinic. Motion by Urell, seconded by Klauer, to approve the conditional use permit, with the condition that the hours of operation be limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 7:00 a.m. to Noon. The motion was approved by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the August 25,2005 meeting and Notices of Decision for Dockets 50-05,51-05,53-05,54-05,55-05,56-05,57-05,58-05, 59-05 and 60-05. were approved as submitted. 1 Minutes - Zoning Board of Adjustment September 22, 2005 Page 5 ITEMS FROM PUBLIC: James Massey, 450 Bluff Street, noted that he appeared before the Zoning Board of Adjustment in August and is requesting that his special exception request for 450 Bluff Street be reconsidered at the October 27, 2005 Zoning Board of Adjustment meeting. Motion by Klauer, seconded by Urell, to reconsider Docket 55-05, special exception request for 450 Bluff Street, at the October 27, 2005 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay - None. ADJOURNMENT: The meeting adjourned at 5:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted