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Zoning Board of Adjustment Minutes 05 27 99 . . . MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION May 27, 1999 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAET PRESENT: Chairperson Mike Ruden; Board Members Greg Yoko, Vicky Bechen, Bill Gasper. Staff Members Guy Hemenway and Kyle Kritz. ABSENT: Board Member Jim Urell. 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. All who spoke were sworn in by the Chairperson. DOCKET 18-99: Application for a special exception (tabled from the last meeting) by Ron White, 2207 Sunny Slope Drive, to build a four-unit apartment building on a 10,437 square foot lot, where 12,800 square feet is required and to permit the structure to be built 14 feet from the front property line (Camelot Drive), 20 feet required, in an R-3 Moderate Density, Multi-Family Residential Zoning District. Ron White, 3197 Highland Park Drive, spoke in favor of his request, stating that Jeff Manders had entered into a purchasing agreement for his property, and that Mr. Manders had submitted the additional materials originally requested by the Board for their review. Alice Kopescu, abutting property owner, stated her concerns about parking on the lot. Staff stated that six off-street parking spaces are required for a four-unit structure in an R-3 District. The Board discussed the parking configuration on the property. The Board waived discussion of the report. Motion by Bechen, seconded by Gasper, to approve the special exception as submitted. Motion approved by the following vote: Aye - Bechen, Ruden, Gasper. Nay: None. NOTE: Greg Yoko arrived at 4:10 p.m. DOCKET 21-99: Application for a special exception by Tom and Lynn Dotterweich, 1711 Prescott Street, to build a deck on the front of their house six feet from the front property line, 10 feet required, in an R-2A Alternate Two-Family Residential District. Tom Dotterweich spoke in favor of his request stating that he wants to cover an existing concrete stoop with an enlarged wooden deck. He submitted a letter to the Board from the adjacent property owner in favor of his request. The Board asked if the deck is to be enclosed, and Mr. Dotterweich said it will not be. Staff Member Kroner reviewed the staff report stating that several houses in the area are built relatively close to the front property line. Minutes - Zoning Board of Adjustment May 27,1999 Page 2 Motion by Gasper, seconded by Yoko, to approve the special exception application with the condition that the deck not be enclosed or roofed. Motion approved by the following vote: Aye- Bechen, Ruden, Gasper, Yoko. Nay - None. DOCKET 22-99: Application for a special exception by Dan Ludwig, 2714 Burden Avenue, to build a detached garage two feet from the north side property line, six feet required, in an R-1 Single-Family Residential Zoning District. Dan Ludwig spoke in favor of his request to build a detached garage. The Board asked about setbacks of adjacent structures. Staff Member Kroner stated that the garage would replace an existing single car garage and should not have a negative impact on safety or the value of adjacent properties. Motion by Gasper, seconded by Bechen, to approve the special exception. Motion approved by the following vote: Aye - Bechen, Ruden and Gasper. Nay - Yoko. DOCKET 23-99: Application for a conditional use permit by Kenneth and Barbara Cook, 1655 Asbury Road, to place two off-premise, wall-mounted signs, in a C-2 Neighborhood Shopping Center Zoning District. . The agenda item was tabled to the end of the meeting because the applicant was not in attendance. DOCKET 24-99: Application for a special exception by Neal Frommelt, 1590 N. Grandview Avenue, to expand an existing garage five feet from the front property line (Decorah Street), 20 feet required, and to expand an existing front porch 14 feet from the front property line (Grandview Avenue), 20 feet required, in an R-1 Single-Family Residential zoning district. Neal Frommelt spoke in favor of his request stating that he wants to replace deteriorated structures with a deck 14 feet from the front property line along Grandview Avenue, and a garage five feet from the front property line along Decorah Street. The Board questioned the location of the porch and the garage. Staff Member Kroner explained the garage and deck project to the Board, stating that the adjacent residence is approximately 14 feet from the front property line. He also stated that Decorah Street serves as an alley at this location. Motion by Yoko, seconded by Gasper, to approve the special exception. Motion was approved by the following vote: Aye -. Bechen, Ruden, Gasper and Yoko. Nay - None. DOCKET 25-99: Application for a special exception by Daniel and Rhonda Morgan, 704 Lincoln Avenue, to build a detached garage five inches from both side property lines, three feet required, and three feet from the rear property line (alley), six feet required, in an R-2A Alternate Two- Family Residential zoning district. . . . Minutes - Zoning Board of Adjustment May 27, 1999 Page 3 Dan Morgan reviewed his request with the Board noting that the neighbors on either side provided letters in support of his request. Mr. Morgan reviewed the location of his neighbor's garage relative to the one he proposes to build. Staff Member Hemenway reviewed the request noting that the development pattern along the alley and the actual separation between the neighbor's garage and his garage would be approximately three and a half feet, which allows room for maintenance of the structures. Board members reviewed the letters from the neighbors and discussed the location of the existing garage along the alley and separation between the two structures. Motion by Bechen, seconded by Gasper to approve the special exception. Motion approved by the following vote: Aye - Bechen, Ruden and Gasper. Nay: Yoko. DOCKET 26-99: Application for a special exception by Karen Vandermillen, 845 Southern Avenue, to construct a deck one foot from the south side property line, six feet required, and 10 feet from the front property line (Southern Avenue), 20 feet required, in an R-1 Single-Family Residential zoning district. Karen Vandermillen reviewed her request with the Board, noting that the deck would be tied to an existing deck and would be constructed without a railing. Staff Member Kroner reviewed the request noting that Southern Avenue has a wider than usual right-of-way and that the deck will not adversely impact visibility along the street. Board members discussed the request noting that the property owner indicated that a rock wall follows the property line which has been surveyed. Motion by Gasper, seconded by Bechen to approve the special exception with the condition that the deck not be enclosed or roofed. Motion approved by the following vote: Aye - Bechen, Ruden, Gasper and Yoko. Nay: None. DOCKET 27-99: Application for special exception by Robert Smith, Jr., 1846 Finley Street, to construct a deck three feet from the north property line, 13 feet required, in an R-1 Single-Family Residential zoning district. Robert Smith, Jr., reviewed with the Board his request to add a deck on his property noting that the alley adjacent to his property is platted but not improved. Mr. Smith noted that his proposed deck would not limit access to the alley. Lawrence Roloff, 2463 Green Street, spoke in opposition to the request stating that he is concerned with the continue~ encroachment on the alley which he uses for access to his property. Sam Pusateri, 2425 Green Street, spoke in opposition stating that if setbacks are required by code, that the Board should not grant an exception, which he feels will infringe on the use and enjoyment of his property. Minutes - Zoning Board of Adjustment May 27, 1999 Page 4 Staff Member Hemenway said that the deck would be three feet from the platted right-of-way and should not impede access to the alley. He also stated that the deck's proximity to the rear property line should have little affect on adjacent properties. The Board discussed Mr. Smith's request reviewing photos of the property, discussing the proposed location of the deck, and whether access to the unimproved alley would be restricted. Motion by Gasper, seconded by Bechen to approve the request with the condition that the deck not be enclosed, roofed, or screened. Motion denied by the following vote: Aye - Ruden and Bechen. Nay - Gasper and Yoko. (Motion failed for lack of three concurring votes.) DOCKET 28-99: Application for conditional use permit by Arnie Honkamp, 3330 Kimberly, to construct a parking lot in an R-1 Single-Family Residential zoning district. Arnie Honkamp spoke in favor of his request stating that he wishes to use the lot as parking for his business and that there would be no access from the proposed lot to Kimberly Drive. He also stated that the lot would be placed next to existing parking and that he is sensitive to the concerns of the neighboring residential properties. He assured neighbors he would work with them on design and screening of the parking lot. He stated he could fence the lot and post it so that loitering would not be allowed. He stated that the lot, as currently configured, would have approximately 30 parking spaces. Brian McCarron, 3371 Kimberly, asked that all those in opposition to the request stand. He then submitted a petition with 55 signatures in opposition to the proposed parking lot. Mr. McCarron stated the following concerns: 1) that the parking lot may have a negative impact on property values; 2) that lighting would spill over onto adjacent residential lots; 3) that lot dimensions were not submitted as part of the site plan; 4) that snow removal at this location could be a problem because snow could be piled on the lot; 5) that kids could fall off the retaining wall; and 6) that traffic access to Kimberly Drive may have a negative impact on the neighborhood. He also raised concerns about the speed of traffic along Kimberly, aesthetics in the neighborhood and lack of parking lot maintenance. Mr. McCarron stated that Mr. Honkamp's existing parking is not being fully utilized and is only needed during the tax season. He also stated that the building would not be screened by a four-foot high fence, that the dumpster's location, screening, parking lot security and vandalism are concerns. He stated that a parking lot at this location would have a negative impact on the use and enjoyment of all the residential properties in the area. Marilyn Wilson, 3315 Kaufmann, spoke in opposition to the request stating concerns with water run-off from the parking lot. She distributed pictures of flooding on Kaufmann Avenue. Robert Wills, 3355 Kaufmann, spoke in opposition stating that Mr. Honkamp should have bought the adjacent vacant lots when they became available to build his parking lot. . . . Minutes - Zoning Board of Adjustment May 27, 1999 Page 5 Don Feldman, 3320 Kaufmann, spoke in opposition to the request, stating that the parking lot is not needed and that it would have a negative impact on the residential lots. He said he is concerned with the possible future rezoning of the lot. Calvin Kohlenburg, 3352 Kimberly, stated that none of the neighbors have been consulted regarding the parking lot project. Dan Oberfeld, 3364 Kimberly, stated that the view from the lot would be open all the way to Asbury Road and John F. Kennedy Road. He stated that Mr. Honkamp does not maintain his existing lot. Lois Neyens, 3358 Tibey Court, said that she has flooding problems and is concerned with run-off that would be generated by the parking lot. Steven Hurst, 3363 Kimberly, stated he had concerns with continual growth of Honkamp's facility and the increased traffic in the area. Bob Jaeger, 3326 Kimberly, spoke in opposition to the request, stating Mr. Honkamp has not been responsive to his neighbors' concerns. Mr. Honkamp said that the facts had not been properly stated. He addressed some of the neighbors concerns stating he would be willing to post the lots for security purposes. He said he would not be creating traffic on Kimberly because no access would be permitted. He said he would design lighting with the neighbors input, would remove snow from the lot, and address the storm water run-off with retention. He said that no retaining wall is necessary and that he does not wish to rezone the property. He said he would screen the lot with a fence and landscaping. He stated he needs more parking because he wants to relocate employees from his downtown facility. He said that he built an attractive dumpster enclosure, that he maintains his lot properly and that his property does not contribute to the flooding in the area. He said he has consulted adjacent neighbors about the project. Staff Member Kritz reviewed the staff report stating that a rezoning would be needed for any use other than the parking lot. He said that the conditional use process enables the Board to determine the appropriateness of the request. The Board discussed storm water run-off and questioned potential access to Kimberly. The Board reviewed the criteria for granting a conditional use stating that the request does not fully meet all the conditions. The Board stated concerns with the potential impact on property values and the harmony of the neighborhood. They also stated that removing the house on Kimberly Drive would open the street to a parking area and have a negative impact on the neighborhood. Motion by Yoko, seconded by Bechen, to approve the request. Motion denied by the following vote: Aye - None. Nay: Bechen, Yoko, Ruden and Gasper. Minutes - Zoning Board of Adjustment May 27, 1999 Page 6 DOCKET 29-99: Application for a conditional use permit by Russ Gaherty/River City Auto, adjacent to 2160 Central, to open an auto sales business in a C-4 Downtown Commercial zoning district. Mr. Vize, representing Russ Gaherty, spoke in favor of his request to open a car lot at this location stating that he wants to have a lighted sign on the Central Avenue frontage. Linda LaSoya, adjacent property owner, stated that parked cars would have a negative impact on her property that is across the street from the proposed car lot. Board Member Bechen said that she would abstain from voting because of a conflict of interest. The Board discussed potential impacts of the car lot on the adjacent properties. Motion by Yoko, seconded by Gasper, to approve the request. Motion approved by the following vote: Aye - Ruden, Gasper, Yoko. Abstain - Bechen. DOCKET 30-99: Application for a conditional use permit by Lee and Deborah Fautsch, 596 W. 11th St., to erect a fence five feet high in the front yard, four feet required, in a Historic Preservation District located in an R-3 Moderate Density Multi-Family Residential zoning district. Lee Fautsch reviewed his request with the Board. Staff Member Hemenway stated that the fence would have a very limited impact on adjacent properties. He recommended that the Board require the fence design to be open like the one submitted with the application materials. Motion by Yoko, seconded by Bechen, to approve the Conditional Use Permit with the condition that the fence design remain open as submitted with the application materials. Motion approved by the following vote: Aye - Bechen, Ruden, Gasper and Yoko. Nay - None. DOCKET 31-99: Application for a conditional use permit for Medical Associates Realty/Ladco Development, Inc., to allow a 70-unit assisted living facility in the Medical Associates PUD Planned Unit Development zoning district. John Games, 2951 86th St., Urbandale, Iowa, spoke in favor of the retirement housing project. He discussed the assisted I.iving and independent living portions of the complex. Bob Klein, 3740 Welu, questioned the position of the buildings on the lot, access to and from the facility, and storm water detention. The Board discussed the project's potential impacts on the neighborhood. Staff Member Kritz reviewed the staff report clarifying the R-3 and PUD requirements. . . . Minutes - Zoning Board of Adjustment May 27, 1999 Page 7 Motion by Bechen, seconded by Yoko, to approve the conditional use permit as submitted. The motion was approved by the following vote: Aye - Bechen, Ruden, Gasper and Yoko. Nay- None. DOCKET 32-99: Application for a variance for Michael and Theresa Kalmes, 1097 Jackson Street, to allow expansion of a restaurant and bar, with a variance of eight off-street parking spaces, in an HI Heavy Industrial zoning district. Mike Kalmes, 1097 Jackson Street, spoke in favor of his request, stating he wants to expand his business. He said that most of his business currently is walk-in traffic. He said that the parking situation in this area would be improved when Eagle Manufacturing moves to its new location. Tom Hamel, adjacent property owner, spoke in favor of the request, stating that Mr. Kalmes is a good neighbor and that the expansion would serve a critical need in the area. Staff Member Kritz reviewed the parking required for a business expansion. The Board discussed the request. Motion by Gasper, seconded by Bechen, to approve the variance. Motion approved by the following vote: Aye - Bechen, Ruden, Gasper and Yoko; Nay - none. DOCKET 33-99: Application for a special exception by Steve and Nancy Kann, 1123 Rush Street, to build an attached garage 11 feet from the front property line (Plum St.), 20 feet required, and 4 feet from the west side property line, six feet required; and to cover 45% of the lot with a structure, 40% maximum allowed, in an R-2 Two-Family Residential zoning district. Nancy Kann reviewed her request with the Board, noting that an existing garage would be demolished and a new garage with 200 additional square feet would be attached to their house. Staff Member Guy Hemenway reviewed the status of the surrounding property. Motion by Yoko, seconded by Gasper, to approve the request as submitted. Motion approved by the following vote: Aye: Bechen, Ruden, Gasper and Yoko; Nay - None. DOCKET 23-99: (Tabled to the end of the meeting) Application for a conditional use permit by Kenneth and Barbara Cook, 1655 Asbury Road, to place two off-premise, wall-mounted signs, in a C-2 Neighborhood Shopping Center Zoning District. The applicant was not in attendance and the Board elected to review the application. Staff presented two letters of opposition from adjacent property owners and discussed the size, number, location and compatibility of the proposed signage with the neighborhood. Staff also discussed the mixed use nature of the neighborhood. Minutes - Zoning Board of Adjustment May 27,1999 Page 8 The Board stated concerns with the location of the signs on the side of the structure and with neighborhood compatibility and sign clutter. Motion by Yoko, seconded by Gasper, to approve the conditional use permit. Motion denied by the following vote: Nay - Bechen, Gasper, Ruden, and Yoko; Aye: None. MINUTES & NOTICES OF DECISION: Motion by Gasper, seconded by Bechen, to approve the minutes of April 29, 1999 and the Notices of Decision as submitted for Dockets 16,17,19 and 20- 99. Motion passed unanimously. ADJOURNMENT: 7:01 p.m. Kyle L. Kritz, Associate Planner Adopted r- ..;j' IJ) 0 0 l"- t;:::: ......( W - '-. ::r: 0 ~ ~ <t: (f) LU CJ ;;::: r- U ..J ,"'... :J ",." ..L) u.J -,:,"",y" U ..".",... ::J a: ::::> AO --) +- m G 0"\