Minutes Zoning Bd Adj 11 23 05
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MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Wednesday, November 23, 2005
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
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PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, 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.
Chairperson Ruden announced that Docket #73-05 was withdrawn at the applicant's
request.
John McCann, 722 Rhomberg Avenue, distributed a letter and petition in opposition to
Docket #73-05.
DOCKET 71-05: Application of Nathan Boyes for a special exception for property located
at the end of Raven Oaks Drive to allow construction of a six-unit condoltownhouse 29 feet
from the rear property line, 37 feet required, in an R-4 Moderate Density, Multi-Family
Residential zoning district.
Nathan Boyes stated that he would like to build a six-unit condominium 29 feet from the
rear property line.
Mrs. AI Lundh, 2678 Marywood Drive, stated that she is a long time resident of the area.
She said that she was not initially aware of the zoning change on the property adjacent to
her property. She said that low cost apartments were built behind her property.
Board Members discussed the configuration of the building. Mrs. Lundh stated that there
were weeds on the adjacent property, and that it had not been mowed. She said there are
problems in the neighborhood and that she is opposed to the condominium building.
Matthew Lundh, 2678 Marywood Drive, said that the applicant was aware of the required
setbacks when he purchased the property. He said he is opposed to the project.
Nathan Boyes said that, although an eight-plex could be built on the property, he is willing
to reduce the building size to six units, which necessitates the reduced setback.
Minutes - Zoning Board of Adjustment
November 23, 2005
Page 2
Board Member Klauer said that any building configuration on this lot would be required to
meet the same setbacks. Mr. Boyes stated that each unit would be approximately 1,000
square feet in area.
Staff Member Wernimont distributed an aerial photo of the site and discussed the building
design. He said there will be a garage below and two stories above. He stated that R-4
districts permit from three to 12 units but that the lot area limits the number of units to eight.
He discussed the topography of the area. He said that there are currently several multi-
family residences located directly adjacent to the rear yards of single-family residences.
Mr. Boyes and the Lundhs approached the Board and reviewed a site diagram of the
property.
Board Member Klauer read the criteria for granting a special exception. Board Members
did not feel all the criteria were met.
Motion by Urell, seconded by Gasper, to approve the special exception request as
submitted. Motion was denied by the following vote: Aye - none; Nay - Klauer, Urell,
Gasper, Gibbs and Ruden.
DOCKET 72-05: Application of Wayne Deutsch for a special exception for property
located at 2125 Stafford Street to expand an existing garage 0 feet from the front property
line (Stafford Street), 20 feet required, and 18 inches from the south side property line, 3
feet required, in an R-2A Alternate Two-Family Residential zoning district.
Wayne Deutsch, 2125 Stafford Street, said that sap from overhanging trees damages his
vehicles. He said that he would like to get the vehicles under a carport to protect them. He
distributed photographs and discussed the building design. He said that the carport will be
attached to the garage and open on three sides.
Staff Member Wernimont outlined the staff report. He said that there are other garages in
the neighborhood that have O-foot setbacks. He said that if the carport is built with an open
design, sight visibility at the intersection of the street and alley should not be compromised.
Motion by Urell, seconded by Klauer, to approve the special exception request, with the
condition that the carport addition be oriented toward Stafford Street and be of an open
design. Motion was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden;
Nay -Gasper.
DOCKET 70-05: Application of Kenneth Hayes/Charlotte Hayes for a variance (tabled) 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.
Minutes - Zoning Board of Adjustment
t November 23, 2005
Page 3
Ken Hayes, 345 Main Street, presented his application. He noted that his intention is to
replace the Bojangles projecting sign with a Willowa antique sign. He stated that he would
also like to place a sign on the south building wall,
Board Members discussed the request, noting that the property would have three wall-
mounted signs where one is permitted.
Staff Member Hemenway reviewed the staff report, and distributed a rendering submitted
by Mr. Hayes indicating the size and location on the building of the wall-mounted sign on
the south side of the building. He stated that the sign scaled to approximately five feet by
seven feet or 35 square feet in area.
Board Members discussed the request and noted that the applicant had not demonstrated
a necessity for three building signs.
Motion by Urell, seconded by Klauer, to approve the variance as submitted. Motion was
denied by the following vote: Aye - None; Nay - Klauer, Urell, Gasper, Gibbs and Ruden.
DOCKET 73-05: Application of Malik Ahmad/Shreeji Services Inc. for a conditional use
permit for property located at 700 Rhomberg Avenue to expand an existing gas
station/convenience store in a C-1 Neighborhood Commercial zoning district.
Docket #73-05 was withdrawn at the applicant's request.
DOCKET 74-05: Application of Gerald Foht for a conditional use permit for property
located at 2428 Windsor Avenue to open a firearms sales and repair business in an R-1
Single-Family Residential zoning district.
Gerald Foht presented his application to the Board. He noted that he is applying for a
conditional use permit to allow him to operate a firearm sales and repair business out of his
home. He noted that gun dealers with a firearms license are strictly regulated and that
stealing weapons from a licensed dealer is a serious violation.
Staff Member Hemenway distributed a letter in opposition to the request. Mr. Foht noted
that he is required to a have a license from the Bureau of Alcohol, Tobacco and Firearms
in order to purchase guns out of state or to sell guns at gun shows. He reviewed the
application and said that the Federal Firearms license requires that zoning officials sign-off
on the permit application. He discussed the requirements for a home occupation as stated
in the Zoning Ordinance.
Board Members discussed the request and stated concerns with the potential for excessive
commercial activity at the subject residence. Board Members discussed conditions to help
mitigate such activity.
Minutes - Zoning Board of Adjustment
November 23, 2005
Page 4
Motion by Urell, seconded by Klauer, to approve the conditional use permit with the
conditions that:
(1) No more than one (1)) customer be allowed on the premises at a time; and
(2) The hours of operation be limited to 8:00 a.m. to 5:00 p.m. Monday thru Saturday.
Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and
Ruden; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the October 27, 2005 meeting and
Notices of Decision for Dockets 55-05, 61-05, 65-05, 66-05, 67-05, 68-05 and 69-05 were
approved unanimously as submitted.
ADJOURNMENT: The meeting adjoumed at 5:00 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted