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Minutes Zoning Bd Adj 10 27 05 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, October 27,2005 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Mike Ruden; Board Members Jim Urell, Randy Klauer, Bill Gasper and Bill Gibbs; Staff Members Guy Hemenway and Wally Wernimont. ABSENT: None. 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. DOCKET 55-05: Application of James Massey & Pamelape Gantz (request to reconsider) 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. James Massey, 450 Bluff Street, asked the Board to reconsider his original request to build an attached garage on his property. He said he has modified his request, and proposed a six-foot setback from the rear property line along the alley. He stated that the new garage would be 29 feet deep versus the 33-foot garage originally proposed. He stated that he would still like to be able to build his structure 0 feet from the south side property line, noting that his current building is built to the lot line and attached to an adjacent residence. He stated that his original design had been approved by the Historic Preservation Commission. Art Nagle representing his brother, Ollie Nagle, 448 Bluff Street, stated that his brother wants Mr. Massey to maintain the three-foot side yard setback. Mr. Massey stated that the houses are built contiguous and that a two to three foot setback would create an area where debris would gather. He stated that the runoff from the building would be directed toward the alley. He said the garage will have a nine or 10-foot wide door with access directly to the alley. Board Member Klauer clarified that the garage will be 29 feet deep and that the garage will incorporate the basement access. Mr. Massey stated that the garage will have approximately 23 feet of depth for a vehicle. Minutes - Zoning Board of Adjustment October 27,2005 Page 2 Staff Member Wernimont outlined the staff report, stating that the request has been modified from the original 33-foot garage two feet from the alley to a 29-foot garage six feet from the alley, maintaining the O-foot south side property line setback. He clarified the setback requirements for attached and detached structures, and recommended that if the Board approves the request, they clarify the setback. Board Members discussed the rear yard setback. Staff Member Wernimont stated that the Historic Preservation Commission had approved the design and required that the downspouts be directed to the alley. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by Klauer, seconded by Urell, to approve the special exception request, with the condition that the garage be 29 feet by 20 feet and the rear yard setback be a minimum of six feet. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. DOCKET 61-05: Application of John McEnery for a special exception (tabled) for property located at 1715 W. 3rd Street to build a 67 foot by 21 foot addition 3 feet from the east side property line, 6 feet required, 3 feet from the rear property line, 15 feet required, and 5 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. John McHenry, 1715 W. 3rd Street, said that he proposes to place an addition on the east side of his building. He said the addition would provide a garage, additional living space, and a kitchen. He said that he would like to build the structure three feet from the side property line and five feet from the front property line, which would permit him to build a 21- foot wide garage with two spaces on the front of his building. He said that his addition would have a living room in front with kitchen in back. Board Member Urell asked about the existing basement garage. He said that there appears to be adequate room to place the addition on the west side of the building. Mr. McHenry stated that there is adequate sight visibility around the proposed garage for a vehicle backing from the adjacent residential property. Chairperson Ruden discussed the building design. Mr. McHenry said that the addition would be two-stories plus a basement. Board Members discussed the elevation change between the subject property and the adjacent residential lot. Board Member Gibbs stated that constructing the addition closer to the adjacent residential property would reduce the privacy for both neighbors. Mr. McHenry stated that there would be no windows on the first floor of the addition, except for the garage. Minutes - Zoning Board of Adjustment October 27, 2005 Page 3 Bridget Kelly, 911 Tressa Street, said that she owns the property adjacent to the subject lot. She stated that she is against the proposal. She said that the addition will ruin the aesthetics of the neighborhood because it sticks out far in front of the house. She stated that Mr. McHenry has adequate space to build his addition on the other side of his house. She said she feels the garage will create a safety hazard for tenants backing to the street. She said it will impact her ability to rent her house. She stated that the addition is two and a half times the width of the existing house and will block the view, light and ventilation in her back yard. She said she feels it is also a fire hazard. Mr. McHenry said that photos demonstrate that there is adequate visibility for a vehicle backing from the adjacent property. He said that the addition will improve the value of his property and adjacent properties, He said that there is adequate space along side the building for maintenance and that the addition will not block the windows of the adjacent residence. He stated that to place the addition on the west side will not work well because of the existing garage and location of the kitchen. Staff Member Wernimont reiterated the applicant's request. He said that the adjacent residence currently has a similar setback to the subject residence. He said that a garage five feet from the front property line may impede the view from the adjacent property's driveway, Board Members discussed the request. Board Member Urell was specifically concerned with the impact of the garage addition on the view from a vehicle backing from the driveway of the adjacent property. Chairperson Ruden said he agrees with the concerns expressed regarding visibility, 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, Abstain - Gasper. DOCKET 65-05: Application of Elaine Frey for a special exception for property located at 2003 Chaney Road to construct an enclosed carport 0 feet from the north side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Elaine Frye, 2003 Chaney, stated that she wants to put up a carport. She said that the former carport was unsafe so she had it removed. She said the property line is currently nine inches from the fence. She said she will control water runoff so as to minimize its affect on the neighboring property. Dennis Waugh, IIW Engineers, discussed a detailed drawing of the former carport and the proposed carport. He said that the proposed carport needs to be deeper to accommodate a vehicle. He said that reconstructing the carport, as requested, will eliminate the former nine-inch encroachment. He said the carport will have a side and rear wall with the front open. Minutes - Zoning Board of Adjustment October 27, 2005 Page 4 Staff Member Wernimont outlined the staff report. He stated it would be possible to build within the existing footprint. He said the applicant is asking to expand the carport; therefore, a special exception is necessary, He said that the adjacent property has a six to seven-foot stockade fence. Board Members discussed the request and felt it met the criteria for granting a special exception. Motion by Urell, seconded by Gibbs, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. DOCKET 66-05: Application of Bob & Tina Flanagan for a special exception for property located at 1650 S. Grandview Avenue to build a 32 foot by 40 foot detached garage for a total of 1,290 square feet, 1,000 square feet maximum allowed, in an R-1 Single-Family Residential zoning district. The special exception request was withdrawn at the applicants' request. DOCKET 67-05: Application of Mark Marty for a special exception for property located at 742 Clarke Drive to build a single-family residence 125 feet from the front property line, 50 feet maximum permitted, 35 feet from the rear property line, 46 feet minimum required, and 4 feet from the east and west side property lines, 6 feet minimum required, in an R-2 Two- Family Residential zoning district. Mark Marty, 1843 S. Grandview, said that the former house on this property was destroyed by fire. He said the original residence was three feet from the front property line. He said that it is difficult to build the house 20 feet from the front property line because of an existing easement that bisects his property. He said the easement ends approximately 120 feet back from the front property line. He said the lot is narrow, at 40 feet, and makes building without a special exception difficult. Board Members discussed the site layout. Staff Member Wernimont outlined the staff report, and noted the former building location and existing easements. He said that no objections had been lodged with the Planning Services Department regarding Mr. Marty's request. Board Members discussed the request and felt that, because of the easement, it would be difficult to build the house at any other location. Motion by Urell, seconded by Klauer, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. Minutes - Zoning Board of Adjustment October 27, 2005 Page 5 DOCKET 68-05: Application of Scott Potter, Davis Place LLC for a variance for property located at 601 Garfield Avenue to open a 12-room SRO with office, with a deficit of 5 off- street parking spaces, in an OR Office Residential zoning district. Chairperson Ruden stated that he would like the Board to hear both variances simultaneously and vote on each separately. Scott Potter, 515 Garfield Avenue, presented his application. He distributed photos of the site to the Board. He noted that he currently has 50 tenants in his other rooming houses, and they have a total of 12 cars. He said many of his tenants walk or use bikes. He said that he would be repositioning the rooming house further from the property line than the existing structure. He said that Elsie Lightcap submitted a letter in support of his request. He said he spoke with neighbors and they have expressed no concerns regarding his proposed project. Staff Member Hemenway presented the staff report. He noted the location of the existing building, stating that it is built to the lot lines on both the Johnson and Garfield Street sides. He said that shifting the new building away from the property lines will improve the sight visibility at the street corner. He noted setbacks of other properties in the neighborhood. He outlined the parking requirements for single-room occupancy, and stated that he has not received any complaints regarding parking issues with the existing SRO's in the neighborhood, He said that SRO's tend to generate very low demand on parking. Board Members discussed both requests and felt that each met the criteria for granting a variance. Motion by Urell, seconded by Klauer, to approve the variance (Docket 68-05) as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay- None. DOCKET 69-05: Application of Scott Potter, Davis Place LLC for a variance for property located at 601 Garfield Avenue to build a 12-room SRO 7 feet from the front property line (Johnson Street), 20 feet required, in an OR Office Residential zoning district. Motion by Urell, seconded by Klauer, to approve the variance (Docket 69-05) as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay- None, DOCKET 70-05: Application of Kenneth Hayes/Charlotte Hayes for a variance for property located at 345 Main Street to place 3 signs on a building, 1 sign maximum permitted, in a C-4 Downtown Commercial zoning district. Kenneth Hayes presented his application, He stated that his intent is to place a sign on the south building wall and a projecting sign on the front wall facing Main Street. He stated Minutes - Zoning Board of Adjustment October 27, 2005 Page 6 that the proposed sign on the south side of the building would be approximately 50 square feet in size. He stated that there are additional signs on the Capri Cosmetology building. David Willis, 4772 Camelot Drive, said that he is an adjacent property owner across the street, and that he is not concerned with the request for additional signs. Staff Member Hemenway presented the staff report. He noted that the request is to place three signs on the building when one sign is permitted in a C-4 District. He said that Mr. Hayes' intention is to replace the existing Bojangles projecting sign with one for his business. He discussed previously approved sign variances in the area, noting the size and scale of the Bricktown and Platinum buildings. Board Members discussed the request and stated that the applicant had not demonstrated a hardship. Chairperson Ruden and Board Member Urell said that they are opposed to two signs in the front of the building because the applicant has not demonstrated the necessity for redundant signage. Board Members reviewed the criteria for granting a variance and felt that the applicant had not demonstrated a hardship. Chairperson Ruden asked Mr. Hayes if he would like to table his request and resubmit detailing the sign size, location, material and design. Board Members said they feel that it would be difficult to get two signs approved for the front of the building. Mr. Hayes stated that he is willing to table and resubmit. Motion by Klauer, seconded by Urell, to table the variance request. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the September 22, 2005 meeting and Notices of Decision for Dockets 59-05, 62-05, 63-05 and 64-05 were approved unanimously as submitted. ADJOURNMENT: The meeting adjourned at 5:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted