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Minutes Zoning Bd of Adjust 1 26 06 . II MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, January 26, 2006 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D FT PRESENT: Chairperson Mike Ruden; Board Members Jim Urell, Bill Gibbs, Bill Gasper and Randy Klauer; Staff Members Guy Hemenway and Kyle Kritz. 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 at 4:02 p.m. DOCKET 02-06: Application of Opening Doors/Carol Karwoski for a variance for property located at 1111 Bluff Street to open an emergency housing shelter for women and children with a deficit of 16 off-street parking spaces and a deficit of 4,650 square feet of lot area, in an OR Office Residential zoning district. Sister Carol Karwoski reviewed her variance request stating that the number of women and children at the shelter will average approximately 10-15. She reviewed the hours of operation and said that the majority of the homeless people will not have vehicles and, therefore, not require off-street parking. She said that she has experience operating a number of shelters throughout the country. Dave Stuart said he is the president of the neighborhood association and a member of the Masonic Temple. He spoke in favor of the request, noting that parking in this area is adequate for the proposed use. Don Smith, 1157 Bluff Street, said that he is a neighbor and that he supports the project. Staff Member Hemenway reviewed the staff report, noting that the Zoning Ordinance does not provide specific regulations for homeless shelters. He said that staff applied the requirements for a rooming and boarding house. He discussed the on-street and municipal lot parking in the area. He noted the hours of operation of the shelter and stated that there is very little usable outdoor recreation area on the site. He said that because of the proposed homeless shelter's operating procedures an outdoor recreation area is not needed. Board Members discussed the request and said they feel it meets all the requirements for granting a variance. ~ Minutes - Zoning Board of Adjustment January 26, 2006 Page 3 operation be from 5:00 p.m. until 8:00 a.m. morning with a 10:00 p.m. curfew; (3) The shelter be limited to women and children only; and (4) That meals be served only to the residents of the shelter and not to the general public. Motion carried by the following vote: Aye - Klauer, Urell, Gibbs, Gasper and Ruden; Nay - None. DOCKET 03-06: Application of NCR Development LLC for a conditional use permit for property located soutliwest of Manson Road to place fill, pavement and a 156 foot bridge across and through the Catfish Creek flood plain to provide access to a new subdivision at the south end of Manson Road. Marty McNamer, 1036 Bonnie Court, said that he wants to fill on a flood plain and add a road and bridge through the flood plain to access a proposed subdivision. Staff Member Kritz discussed the site layout, including the location of the creek, proposed roadway and subdivision. He stated that the Army Corps of Engineers, Department of Natural Resources and the City have all reviewed the proposal and the Corps approved the application for construction. He said that the DNR is still reviewing the proposed bridge and roadway. He said that the roadway and bridge will not increase upstream flooding and that the road will be passable during the 1 OO-year flood. Board Members discussed the request and felt that, based on the engineering design and other governmental agency oversight, it is appropriate. Motion by Klauer, seconded by Gasper, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the December 22, 2005 meeting and Notices of Decision for Dockets 75-05, 76-05, 77-05, 78-05 and 79-05 were approved as submitted. ADJOURNMENT: The meeting adjourned at 4:40 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted