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Minutes Zoning Bd Adj 12 22 05 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION December 22, 2005 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa ,;,,.. " I ,,' if ,J'J ,.., .u;-, If!. /41 l4 . fllllJ~.T , 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. DOCKET 78-05: Application of Martin & Nancy McNamer for a special exception for property located northwest of Manson Road (Lot 29 Timber-Hyrst Estates) to build a single family home 400 feet from the front property line, 50 foot maximum allowed, in a R-2 Two- Family Residential zoning district, subject to approval of the Final Plat. The applicant was not in attendance. Staff Member Wernimont outlined the staff report, noting the building's location and the topography of the site. Chairperson Ruden asked if the adjacent property had been sold. Staff Member Wernimont said that currently, the property is under common ownership, and that the final plat has not been approved. He stated that any Board approval would be contingent upon approval of the final plat. He stated that the subject lot is approximately 30 feet below the grade of the adjacent lots that front the proposed right-of-way. Board Members discussed the lot topography, landscape and floodplain location. Motion by Urell, seconded by Klauer, to approve the special exception request contingent upon approval of the final plat, provision of a minimum 20-foot paved drive lane with a turn- around for emergency vehicles from the public right-of-way to the subject residence and provision of a fire hydrant. The motion was approved by the following vote: Aye - Urell, Gibbs, Ruden, Gasper and Klauer; Nay - None. DOCKET 79-05: Application of Martin & Nancy McNamer for a special exception for property located northwest of Manson Road (Lot 28 Timber-Hyrst Estates) to build a single family home 1600 feet from the front property line, 50 foot maximum allowed, in an R-2 Two-Family Residential zoning district, subject to approval of the Final Plat. The applicant was not in attendance. Minutes - Zoning Board of Adjustment December 22, 2005 Page 2 Board Members and staff reiterated the information discussed for Docket #78-05. Motion by Urell, seconded by Klauer, to approve the special exception request contingent upon approval of the final plat, provision of a minimum 20-foot paved drive lane with a turn- around for emergency vehicles from the public right-of-way to the subject residence and provision of a fire hydrant. The motion was approved by the following vote: Aye - Urell, Gibbs, Ruden, Gasper and Klauer; Nay - None. DOCKET 75-05: Application of Rick Droeske, Lange Sign Group/Brad Bierman, Epic Construction for a variance for property located at 1801 Greyhound Park Drive to place a wall-mounted sign 3 feet from the building wall, 18 inch maximum permitted, in a CR Commercial Recreation zoning district. Chairperson Ruden abstained from the discussion due to a conflict. Brad Bierman, representing Epic Construction, presented the application. He noted the size and location of the sign and stated that he would be willing to answer any questions from the Board. Staff Member Hemenway presented the staff report, stating the request is to place the sign three feet from the building wall, 18 inches maximum is permitted, in a CR District. He noted that the building's design incorporates an articulated fa9ade and small canopy that makes placing the sign against the building problematic. He said that if the sign is placed against the wall patrons parked in close proximity to the building could not see it above the main entry. He stated that the sign complied in all other respects to the requirements set forth in the CR District and that the request would have very limited impact on adjacent commercial properties. Board Members discussed the request and felt that the building design constituted a hardship. Motion by Urell, seconded by Klauer, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Urell, Gibbs, Gasper and Klauer; Nay- None; Abstain - Ruden. DOCKET 76-05: Application of William Kubler/Dubuque American Legion Building Corp. for a variance for property located at 1306 Delhi Street to place a 64 square foot name plate on the building, 2 square foot maximum permitted, in an R-2 Two-Family Residential zoning district. Board Member Gasper abstained from Board discussion because of a conflict. Minutes - Zoning Board of Adjustment December 22, 2005 Page 3 Bill Kubler, 1600 Adair Street, presented the application. He noted that he is the commander of the Legion, and that there is currently no signage on the building. He said that a sign is necessary to advertise their location to patrons. He said the property was previously zoned for business use, as it was Bremer's Market. He stated that the property was rezoned to residential in 1985. He noted the location of the proposed sign on the building, and stated that it may be externally lit in the future. Staff Member Hemenway presented the staff report. He noted sign regulations for all residential districts. He stated that the American Legion is a private club and is legally non- conforming in this district. He stated that the two square foot maximum for name plates was intended for single-family residences, not for legally non-conforming commercial structures. He noted the surrounding land uses, that he said included right-of-way and commercial properties. He stated that the Legion's request is to increase the size of the nameplate to be more in character with the building and adequately advertise their location. . Board Members discussed the request and felt it met the criteria for granting a variance because of the commercial use and scale of the building. Motion by Klauer, seconded by Gibbs, to approve the variance as submitted. The motion was approved by the following vote: Aye - Urell, Gibbs, Ruden, and Klauer; Nay - None; Abstain - Gasper. DOCKET 77-05: Application of John GronenlWashington Court LLP for a variance for property located at 1798 Washington Street to open a 6,500 square foot medical clinic, 5,000 square foot maximum permitted, in an OS Office Service zoning district. John Gronen, 1766 Plymouth Court, presented his application. He noted the limitations established for a medical clinic in an OR District. He stated that the request is to open a somewhat larger clinic. Mr. Gronen introduced Mary Rose Corrigan, City Public Health Specialist. Ms. Corrigan discussed the structure ofthe Tri-State Community Health Center. She said the additional 1 ,500 square of area is necessary to provide space for a dentist, optometrist and support staff. Ms. Corrigan stated that the additional space is also needed for x-ray and optical equipment. Theresa Caldwell, representing the Washington Neighborhood Association, distributed a letter of support. Mr. Gronen presented a first floor site plan, showing the clinic's layout within the building's footprint. Staff Member Hemenway outlined the staff report, noting the location of the adjacent parking lots. He noted the parking requirements, adjacent land use and the reason that medical clinics are limited in size. He stated that any approval for an increase in clinic size will be contingent upon the rezoning request that will be heard at the January 4, 2006 Zoning Advisory Commission meeting. Minutes - Zoning Board of Adjustment December 22, 2005 Page 4 Board Members discussed the request and felt it met the criteria for granting a variance because of the space necessary to provide the services of medical/optical/dental and support staff. Motion by Klauer, seconded by Gasper, to approve the variance contingent upon approval of the rezoning from OR to OS. The motion was approved by the following vote: Aye- Gibbs, Ruden, Gasper and Klauer; Nay - None; Abstain - Urell MINUTES & NOTICES OF DECISION: The minutes of the November 23,2005 meeting and Notices of Decision for Dockets 70-05,71-05,72-05,73-05 and 74-05 were approved unanimously as submitted. ITEMS FROM STAFF: Staff distributed the 20Q6 meeting.schedule. ADJOURNMENT: The meeting adjourned at 5:00 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted