Minutes_Zoning Board of Adjustment 12 20 12THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
a
Ill I►
2012
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, December 20, 2012
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer,
Jeff Cremer and Bill Gibbs; Staff Members Guy Hemenway and Wally Wernimont.
Board Members Excused: Board Member Heath Hutchinson.
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 November 15, 2012 meeting were approved unanimously
as submitted.
SPECIAL EXCEPTIONS
DOCKET 59 -12: Application of Jacqueline Van Meter for a special exception for
property located at 140 Loras Boulevard to allow a 7 -plex on a 4,312 square foot lot,
where 8,400 square foot of lot area is required, in an OR Office Residential zoning
district.
Chairperson Ruden noted that the Zoning Board of Adjustment will hear Docket 59 -12
for a special exception and Docket 60 -12 parking variance simultaneously and will vote
on each item separately.
Jacqueline Van Meter, 788 Main St., said she purchased the large brick building located
at 140 Loras Boulevard. She said she would like to add a seventh unit to the building.
She said because of the size of the building and lot, it is difficult to provide off - street
parking. She said that she currently pays for one on- street metered parking stall for
each of her units. She indicated these meters parking spaces are spread out
throughout the neighborhood.
Staff Member Wernimont distributed photos of the site. He explained the off - street
parking requirements for properties located in an OR Office Residential zoning district.
He explained that Mrs. Van Meter would like to convert one of the two - bedroom units to
two one - bedroom units. He noted that the total number of bedrooms in the building will
Zoning Board of Adjustment
December 20, 2012
Page 2
not change. He explained that in order for a seventh unit to be added, that Mrs. Van
Meter needed to obtain a special exception for lot area and a parking variance for off -
street parking. He discussed the lot configuration and building location.
Motion by Klauer, seconded by Gibbs, to approve Docket 59 -12 as submitted. Motion
carried by the following vote: Aye — Klauer, Gibbs and Ruden; Nay — None.
DOCKET 60 -12: Application of Jacqueline Van Meter for a parking variance for
property located at 140 Loras Boulevard to allow a seven -plex with a deficit of 11 off -
street parking spaces in an OR Office Residential zoning district.
Motion by Klauer, seconded by Gibbs, to approve the parking variance as submitted.
Motion carried by the following vote: Aye — Klauer, Gibbs and Ruden; Nay — None.
DOCKET 61 -12: Application of Cynthia White / Burger Construction for a special
exception for property located at 2834 Balke Street to build an attached garage 9 feet
from the rear property line, 20 feet required, in an R -1 Single - Family Residential zoning
district.
Randy Burger, Burger Construction, 1340 Delhi Street, noted that the rear yard will be
excavated in order to construct an attached garage. He explained that the attached
garage will be located 9 feet from the rear property line along the alley.
Staff Member Hemenway distributed photos of the site to the Board.
Mr. Burger noted the grade of the garage floor will be about two feet above the grade of
the alley. He explained that the outside garage walls be set in one -foot from the
outside walls of the house.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report, noting the requested setbacks. He
explained that if the garage was detached, the required setbacks would be six feet from
the rear property line. However, because the structure is attached to the home, that
needs meet the required setback of 20 feet ? ??
Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted.
Motion carried by the following vote: Aye — Klauer, Gibbs, and Ruden; Nay — None.
DOCKET 62 -12: Application of John Hennings for a special exception for property
located at 704 Ries Street to build a front porch 0 feet from the front property line, 10
feet required, in an R -2A Alternate Two - Family Residential zoning district.
Zoning Board of Adjustment
December 20, 2012
Page 3
The applicant was not in attendance. The Zoning Board of Adjustment decided to hear
the case.
Staff Member Hemenway presented the staff report. He noted that the porch has
already been constructed without a permit. Staff Member Wernimont indicated that the
Building Department contacted the Planning Services Department about the
encroachment towards the front property line. He said that the Planning Department
staff noted Mr. Hennings needed to obtain a special exception for the front yard
setback. Staff Member Hemenway distributed photos of the site to the Board. The
Board noted that the porch does not encroach any closer to the street than the porch
located on the adjacent property.
NOTE: Commissioner Jeff Cremer entered the meeting at 4:15 p.m.
No one spoke in opposition to the request.
Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay —
None.
DOCKET 63 -12: Application of Steve Graham for a special exception for property
located at 2524 Elm Street to construct a detached garage 2 feet from the south side
property line and 3 feet from the rear property line, 6 feet required for both setbacks, in
an R -2 Two - Family Residential zoning district.
Steve Graham, 2524 Elm Street, explained his request to the Board. He said he wants
to build a detached garage located off of an alley easement. He explained the garage
will be accessed from the alley. He said that his yard is located well below the grade of
the alley. He indicated that there is a concrete retaining wall along the alley. He said
that he owns the adjacent property that is being encroached upon.
No one spoke in opposition to the request.
Staff Member Hemenway distributed photos of the site to the Board. He noted the
setbacks from the proposed structure to the property lines. He explained that the lot at
2524 Elm Street has no frontage on a public street. He said that the house is accessed
by an alley easement. He noted that the alley easement is an extension of Pinard
Street, however, it is not publicly owned. He explained that Mr. Graham will be
encroaching closer to the adjoining property that he owns.
Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay —
None.
Zoning Board of Adjustment
December 20, 2012
Page 4
DOCKET 64 -12: Application of Rauen Properties, LLC /Tom Rauen for a special
exception for property located at 425 W. 17th Street to allow an off - premise residential
garage 0 feet from the front property line, 20 feet required, in an R -3 Moderate Density
Multi - Family Residential zoning district.
Chairperson Ruden noted that they will hear Docket 64 -12 for a special exception and
Docket 65 -12 for a conditional use simultaneously.
Tom Rauen, 1495 Wood Street, explained his request to the Board. He said that he
would like to re -build an off - premise residential garage that was destroyed by a fire. He
said that the damaged garage has been demolished and he would like to rebuild the
new garage on a larger footprint.
Board Member Klauer questioned the garage location relative to the front property line.
Mr. Rauen said that the proposed detached garage will not encroach any closer to the
front property line than the old garage. He said that the garages will be rented for
vehicle and material storage for adjacent residential units.
Staff Member Wernimont distributed photos of the site to the Board. He outlined the
special exception and conditional use permit requests. He discussed the off - premise
residential garage regulations. He discussed the garage size, location and setbacks.
He noted that he has spoken with two neighbors and that none of them in opposition to
the request. Board Member Gibbs asked about the second detached garage located
on the building lot. Staff Member Wernimont explained that this is an off - premise
residential garage and if it were to be removed and built on a larger footprint, it would
require a special exception and conditional use permit.
Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay —
None.
CONDITIONAL USE PERMITS:
DOCKET 65 -12: Application of Tom Rauen /Rauen Properties, LLC for a conditional
use permit for property located at 425 W. 17th Street to allow an off - premise residential
garage as a conditional use in an R -3 Moderate Density Multi - Family Residential zoning
district.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit as
submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and
Ruden; Nay — None.
DOCKET 66 -12: Application of Max Smith for a special exception for property located
15 1144 S. Grandview Avenue to build a 1,440 square foot detached garage, 1,000
Zoning Board of Adjustment
December 20, 2012
Page 5
square foot maximum permitted, and 15 feet 6 inches in height, 15 feet maximum
allowed, in an R -1 Single - Family Residential zoning district.
Max Smith discussed his special exception request. He noted that he had purchased
the lot and demolished a termite - infested house. He explained that he is proposing to
build a new single - family home and to build a detached garage. He said that the
detached garage be faced with brick on the front and eastern facades. He said he is
not sure if the western and northern facades will be concrete or steel. He noted that all
the storm water from the garage will flow over his lot. He said he has spoken with the
adjacent neighbors and none of them had concerns with the request.
Board Member Gibbs asked if Mr. Smith would be storing his construction equipment in
the garage. Mr. Smith said that he would not store his construction equipment on -site.
He said he will be driving home a work truck to and from the site, and it may be parked
in the garage.
Staff Member Wernimont distributed photos of the site. He discussed the requirements
for accessory detached structures, and he said that the adjacent property owner at
1134 S. Grandview Avenue contacted him and that he provided them with copies of the
application. He indicated that the property owner had no objection to the request. He
noted the grade change from the first floor elevation of the proposed house to the
finished floor level of the garage, the setback requirements, and that storm water will
flow along the 800 square foot lot.
Motion by Klauer, seconded by Gibbs, to approve the special exception as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs and Ruden; Nay —
None.
ADJOURNMENT: The meeting adjourned at 4:33 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted