Zoning Board of Adjustment Minutes 05 27 99
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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.
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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.
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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.
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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
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