Minutes_Zoning Board of Adjustment 8 23 12THE CITY OF
Dubuque
'111.'
2012
DUB
Masterpiece on the Mississippi
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, August 23, 2012
City Council Chamber, Historic Federal Building
DI TER
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer,
Jeff Cremer, Heath Hutchinson and Bill Gibbs; Staff Members Guy Hemenway and
Wally Wernimont.
CALL TO ORDER: The meeting was called to order by Chairperson Ruden at 4:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the July 26, 2012 meeting were approved, unanimously, as
submitted.
SPECIAL EXCEPTIONS
DOCKET 3242: Application of Mark & Debra McDonnell for a special exception
(tabled from June 28, 2012) for property located at 314 Jones Street to allow a duplex
on a 3,237 square foot lot, 5,000 square feet minimum required, in an OR Office
Residential zoning district.
The applicant requested that the agenda item be tabled to the September 27, 2012
meeting.
The Board voted unanimously in favor of tabling the request to the September 27, 2012
ZBA meeting.
DOCKET 41 -12: Application of Joe Mulgrew / Anne Schreiber for a special exception
for property located at 2535 Clarke Crest Drive to build an attached garage 0 feet from
the west side property line, 6 feet required; and 13 feet from the front property line, 20
feet required, in an R -1 Single - Family Residential zoning district.
The Board noted that they received written correspondence from the applicant asking to
remove Docket 41 -12 from the agenda.
DOCKET 42 -12: Application of Roy & Deborah Buol for a special exception for
property located at 2640 Becker Court to build an attached carport 0 feet from the west
side property line, 6 feet minimum required, in an R -1 Single - Family Residential zoning
district.
Zoning Board of Adjustment
August 23, 2012
Page 2
Roy Buol, 2640 Becker Court, presented his request to the Board. He noted that the
Board had previously granted a special exception permitting him to build an attached
carport 1 foot from the west side property line. He said that his intent is to build an
attached carport 0 feet from the west side property line in order to provide additional
space for opening a car door. He noted that the lot has been surveyed.
Chairperson Ruden asked if a gutter will be installed along the western edge of the
carport. Mr. Buol indicated that a gutter will be added to the side of the carport.
Fred Becker, 2877 Arbor Hills Drive, said that he represents his mother who he said
resides at 2684 Becker Court. He said that he opposes the request noting that there is
currently 28 feet between the houses. He said that if the request is approved, there will
be approximately 14 feet from the edge of the carport to his house.
Chairperson Ruden explained that Mr. Buol had been approved for a special exception
to construct a carport 1 foot from the west side property line at a previous meeting. He
said that the proposed carport will not be built parallel to the lot line noting that only the
front portion of the structure will be located within 1 foot of the side property line.
Mr. Buol explained the reason for the carport. He indicated that the columns that will
support the roof will be stone and have a similar design to the house.
Board Member Gibbs asked if the width of the columns can be reduced. Mr. Buol said
that, if viewed from the cul -de -sac, the proportions of the smaller columns would not
look appropriate.
The Board discussed the roof design.
Staff Member Hemenway reiterated the request. He noted that Mr. Buol received
approval for a 1 foot setback for the west side property line at a previous meeting. He
explained that the proposed carport will not encroach any closer to the street than the
existing home and will be in line with the garage on the adjacent residence. He
explained that the carport will have an open design and that the property has been
surveyed. He recommended that storm water runoff from the car port roof be captured
in a gutter and be directed away from the adjacent property.
The Board discussed approval of the previous special exception of a 1 foot setback.
Board Member Klauer reviewed the criteria for granting a special exception.
Chairperson Ruden said that he felt that the request meets the requirement, if the storm
water is directed away from the neighboring properties.
Motion by Klauer, seconded by Gibbs, to approve the special exception request with the
condition that a gutter be installed on the west side of the car port to direct storm water
from the adjacent property, and that the property owner clearly demonstrate the lot line
location to the building official. Motion carried by the following vote: Aye — Klauer,
Cremer, Hutchinson, Gibbs and Ruden; Nay — None.
Zoning Board of Adjustment
August 23, 2012
Page 3
DOCKET 43 -12: Application of Martin Wing for a special exception for property located
at 1825 Ann Street to build a two -story addition, 2 feet from the front property line, 10
feet required, in an R -2A Alternate Two - Family Residential zoning district.
Mark Kressing said he represents Martin Wing. He said that Mr. Wing wants to add a
second story addition to his house.
Staff Member Wernimont explained that the applicant is requesting to build a two -story
addition on the front of his home. He discussed the design of the house noting that the
lot is located at the end of Ann Street. He said that the adjacent property owners were
notified and that no one has contacted him regarding the request.
Motion by Klauer, seconded by Gibbs, to approve the special exception request.
Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson, Gibbs and
Ruden; Nay — None.
DOCKET 44 -12: Application of Portzen Construction, Inc. / Trinity Townhouses LLC for
a special exception for property located at 1700 -1702 Rhomberg Avenue to build a
detached garage 2 feet from the front property line (Hamilton Street), 20 feet required,
and 2 feet from the north side property line, 4 feet required, in an R -4 Multi - Family
Residential zoning district.
Mike Portzen, 16748 Thunder Hills Drive, said that he purchased the subject property
from Holy Trinity Church. He explained that there are two duplexes, each located on
separate lots. He noted that the lot at 1702 Rhomberg will be replatted. He said that
the existing garages will be demolished and new garages will be constructed. He
explained that the garages will be accessed from an alley located at the rear of the
property.
Noel Kurt, 1954 Hamilton Street, said he supports the special exception request.
Staff Member Wernimont discussed the size of the garages, existing and proposed
setbacks and property history. He explained that the existing garage at 1700
Rhomberg Avenue is oriented toward Hamilton Street and that the access driveway is
located very close to the alley. He explained that the new garage will be repositioned
and will be accessed from the alley which he said will improve site visibility at the
intersection.
Motion by Klauer, seconded by Gibbs, to approve the special exception request.
Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson, Gibbs and
Ruden; Nay — None.
VARIANCES:
DOCKET 45 -12: Application of Keith Wolff, Dubuque Sign / Marty McNamer for a
variance for property located at 2100 Asbury Road to install a 75 square foot free-
standing sign, 40 square feet maximum permitted, in an OS Office Services District.
Zoning Board of Adjustment
August 23, 2012
Page 4
The applicant was not in attendance.
Motion by Klauer, seconded by Gibbs, to table the request to the September 27, 2012
meeting. Motion carried by the following vote: Aye — Klauer, Cremer, Hutchinson,
Gibbs and Ruden; Nay — None.
DOCKET 46 -12: Application of Chris Stayer, STW LLC for a variance for property
located at 2987 Jackson Street to place a 60 square foot projecting sign on the building,
25 square feet maximum permitted, in a C -1 Neighborhood Commercial zoning district.
Chris Stayer said that he would like to replace the Copper Kettle Sign, Located at 2987
Jackson Street. He said that he removed the sign to refurbish it and would like to
reinstall it on the building.
No one spoke in opposition to the request.
Ron Shaw spoke in favor of the request. He indicated that his company is in the
process of refurbishing the sign.
Staff Member Hemenway discussed the sign regulations for properties located in C -1
zoning districts. He explained that the Copper Kettle sign was legally non - conforming;
however, once it is removed from the building he said that it lost its grandfather status.
He explained that a variance was needed to permit reinstallation of the sign. He
discussed the surrounding land use and noted that the sign was historic and not out of
scale or character with the building or the neighborhood.
Motion by Klauer, seconded by Gibbs, to approve the variance request. Motion carried
by the following vote: Aye — Klauer, Cremer, Hutchinson, Gibbs and Ruden; Nay —
None.
CONDITIONAL USE PERMITS:
DOCKET 47 -12: Application of Randy Black for a conditional use permit for property
located at 235 W. 2" Street to open a drive -in carryout restaurant in a C -4 Downtown
Commercial zoning district.
Randy Black, 4431 Cruiser Drive, Galena, IL, explained his request to the Board. He
noted that the subject property operated in the past as a take -out food service kiosk.
He said that his operation will have a limited menu and that he will make improvements
to the interior of the structure. He said that his business will not be a typical drive -
through which he said generally has two windows - -one for ordering and one for pick up.
He indicated that ordering and pick -up will occur at the same window. He explained
that the original site plan for the conditional use permit for the coffee kiosk had two
driveways. He explained that his operation will not require two driveways. He said that
one window will be used for walk -up traffic and the other for drive - through traffic.
Staff Member Hemenway distributed photos of the site to the Board.
Zoning Board of Adjustment
August 23, 2012
Page 5
Chairperson Ruden said that there is limited stacking space for vehicles in the drive -
through lane. He expressed concern with a one -car stacking space. He indicated that
this may encourage vehicles to block the sidewalk and cue out into the street. He said
that he approved the original request because the amount of time required to prepare
coffee is somewhat limited and that he still had concerns with the stacking of vehicles
waiting to be served.
Mr. Black said that he does not expect a large volume of vehicular traffic. He explained
that his food is cooked and kept in a warmer so that it may be served rapidly. He
explained the wait time will be brief only lasting as long as it takes to assemble a hot
dog or a sandwich. He said that he anticipates having two employees during peak
hours of operation and that one person will be taking the orders and one will be
preparing the food. He said that his proposed hours of operation are from 11:00 a.m. to
3:00 p.m. Monday through Friday and from 11:00 p.m. to 3:00 a.m. Friday and Saturday
nights.
The Board discussed the late night hours of operation. Mr. Black said that he would
like to serve food to walk -in traffic at night. He said that he will have no outdoor seating.
Sue Butt, 241 Main Street, spoke in opposition to the request. She said she has no
objection to the kiosk closing at 10:00 p.m., but she does not want them to cater to the
bar traffic at night. She said that this would encourage people to hang around the
neighborhood longer. She said that, in the past, she had issues with public urination
and noise late in the evening.
Jennifer McCoy, 216 Main Street, spoke in opposition to the request. She expressed
concern with the noise generated by people gathering on the sidewalks and streets on
Friday and Saturday nights. She said that she has cleaned up litter and vomit from her
front steps. She also noted that there is only one garbage can available in the entire
area.
Nick Wagner said that he operates Oakridge Design at 235 W. 2nd Street. He said that
he is concerned that people will loiter in front of his building at night. He explained that
his business leases parking in the lot shared with the proposed food kiosk.
The Board reviewed the site plan with Mr. Black and Mr. Wagner discussing the existing
leased parking arrangement. Chairperson Ruden stated that he still has concerns with
the vehicle stacking at the drive - through, but, that he is not opposed to a walk -up.
Board Member Klauer said that he is not concerned with stacking of vehicles. He said
that if a car is waiting, customers will drive by and park elsewhere.
Mr. Black said that he anticipated 60% of his business will be walk up and that the
drive - through will be there for added customer convenience. He said that if the drive -
through is a concern, then he will consider removing it from the request; however, he
said that he would rather have both walk -up and drive - through service.
Zoning Board of Adjustment
August 23, 2012
Page 6
Mr. Wagner said that he has concerns with the late -night pedestrian traffic and parking.
He said that he is a tenant and not the property owner and that he was not notified of
the request.
Staff Member Hemenway explained that all property owners within 200 feet of the
subject parcel were notified. He indicated that it is the responsibility of the property
owner to inform their tenants of the conditional use permit request.
Mr. Black said that he was surprised by the neighbor's comments regarding disorderly
conduct at night. He said he has been on Main Street at night and it has been busy,
but he had not witnessed the misbehavior.
Chairperson Ruden asked staff why a conditional use permit is required. Staff Member
Hemenway said that the conditional use permit is required for a drive -up, carryout
restaurant in a C -4 district.
The Board discussed issues with the stacking of vehicles and traffic safety.
Board Member Cremer said that Mr. Black's business should not be held responsible
for the conduct of the late night crowd in the neighborhood.
The Board discussed the hours of operation.
The Board reviewed the criteria for the granting of a conditional use permit.
Staff Member Hemenway presented the staff report noting the emails that have been
provided by property owners at 235 -241, 261 and 263 Main Street. He said that the
Zoning Board of Adjustment approved a conditional use permit in 2006 to operate a
coffee kiosk at this location. He referred to the original conditions established for the
former conditional use permit. He said that the Board has the ability to modify the
request and add conditions.
Mr. Black said that he is willing to limit his hours of operation from 8:00 p.m. to midnight
on Friday and Saturday nights.
Sue Butt said that she does not oppose the business being open until 10:00 p.m but
that she is opposed to the business being open until midnight. She stated that if the
business was located in an enclosed building, she would have less concern.
The Board discussed the possibility of eliminating the drive — through as a condition of
approval. They said that limiting the hours of operation penalizes the applicant for the
conduct of bar patrons along Main Street.
Commissioner Gibbs stated that he would like to limit the weekend hours to no later
than 10:00 p.m. Mr. Black said that he has concerns with having to cease sales at
10:00 p.m.
Zoning Board of Adjustment
August 23, 2012
Page 7
Board Member Cremer said that it is unfair that the applicant has to be limited to less
hours than others in the neighborhood are allowed.
Ms. McCoy said that she has issues with the noise and litter that may be generated by
the proposed kiosk. She said that she is in favor of the drive - through because
customers would be confined to their vehicles and would leave the site immediately
after being served.
Board Member Hutchinson asked about the hot dog stand he said is frequently located
in front of Lot 1. He indicated that it is located on the public right -of -way and provides
food service until closing time.
Chairperson Ruden said that he did not feel that 'Criteria 3 and 6 established for
granting a conditional use were satisfied. He indicated that if the drive - through were
removed, he would be more likely to vote in favor of the request.
The Board asked the applicant if he would consider eliminating the drive - through from
his request. Mr. Black said that if agrees to walk -up traffic only he is concerned that he
will be required to block off the driveways. He said that in an effort to satisfy the
neighborhood, he is willing to limit his hours of operation from 8:00 p.m. until Midnight
on Friday and Saturday nights.
The Board discussed barricading the drive - through and redesigning the site to assure
pedestrian only access.
Motion by Klauer, seconded by Gibbs, to table this agenda item. Motion carried by the
following vote: Aye — Cremer, Klauer, Hutchinson, Gibbs and Ruden; Nay — None.
ADJOURNMENT: The meeting adjourned at 6:05 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted
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