Minutes_Zoning Board of Adjustment 1 24 13Mnsterpiece on the Mississippi
Dubuque
' 1111'
2007
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, January 24, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Mike Ruden; Board Members Randy Klauer,
Jeff Cremer and Keith Hutchinson; Staff Members Wally Wernimont and Guy
Hemenway.
Board Members Excused: Board Member Bill Gibbs.
CALL TO ORDER: The meeting was called to order 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: Motion by Cremer, seconded by Klauer, to approve the minutes of the
December 20, 2012 meeting. Motion carried by the following vote: Aye — Ruden, Klauer,
Cremer and Hutchinson; Nay — None.
SPECIAL EXCEPTIONS
DOCKET 01 -13: Application of Trinity Townhouses /Portzen Construction, Inc. for a
special exception for property located at southeast corner of Whittier Street and
Rhomberg Avenue to build a duplex 10 feet from the front property line, 20 feet
required, in an R -4 Multi - Family Residential zoning district.
James Kluesner, employee for Portzen Construction, Inc. discussed the request. He
said that as part of a comprehensive building project along Rhomberg and Garfield
Avenues, Portzen Construction would like to build two duplexes closed to the Whittier
and Hamilton side streets. He said that the side of the duplexes will be located 10 feet
from the frontage along both Whittier and Hamilton Streets.
Chairperson Ruden said that the board would hear both Dockets 01 -13 and 02 -13
simultaneously, but vote on each separately. He asked Mr. Kluesner to clarify if IIW
had any direct involvement in platting the subject lots. Mr. Kluesner said he did not
believe that IIW was currently platting the lots. Staff Member Hemenway said that if
IIW is not working directly on the project, that there would not be a conflict of interest.
He said it was ultimately up to Board Members to determine whether they perceive a
conflict. Mr. Ruden said he felt it could vote on the request without a conflict.
Mr. Kluesner said that Portzen Construction would like to create 11 lots on the entire
block in an effort to sell each unit of the duplexes separately.
Zoning Board of Adjustment
January 24, 2013
Page 2
No one spoke in opposition to the request.
Staff Member Hemenway distributed photos of the site. He noted that the duplexes
would be built on corner lots and would both front on either Rhomberg or Garfield
Avenues with the sides of the buildings fronting on the side streets of Whittier and
Hamilton. He discussed the rationale for the 20 -foot setback noting that the garages for
all of the duplexes on this block will be accessed directly from an alley directly behind
each, and therefore, no off - street parking will occur on the side of the buildings facing
the side streets. He said this would eliminate the potential for a car to be parked over
the property line onto the public right -of -way or sidewalk. He noted that there would be
no additional houses behind the duplexes, whose view from the driveway or from the
front porch would be affected. He said that the setbacks for the duplexes are in
character with much of the surrounding residential development.
Board Members discussed the request for both properties and felt they were
appropriate.
Motion by Klauer, seconded by Cremer, to approve Docket 01 -13 to build a duplex 10
feet from the front property line (Whittier Street), 20 feet minimum required. Motion
carried by the following vote: Aye — Ruden, Klauer, Cremer and Hutchinson; Nay —
None.
DOCKET 02 -13: Application of Trinity Townhouses / Portzen Construction, Inc. for a
special exception for property located at the northwest corner of Hamilton Street and
Garfield Avenue to build a duplex 10 feet from the front property line (Hamilton Street),
20 feet minimum required, in an R -4 Multi - Family Residential zoning district.
The Board discussed this request as part of Docket 01 -13 and felt it was appropriate.
Motion by Klauer, seconded by Cremer, to approve Docket 02 -13 to build a duplex 10
feet from the front property line (Hamilton Street), 20 feet minimum required. Motion
carried by the following vote: Aye — Ruden, Klauer, Cremer and Hutchinson; Nay —
None.
DOCKET 03 -13: Application of James and Michele Rang for a special exception for
property located at 1505 Brian to construct an attached garage two feet from the front
property line (Jaeger Drive), when 20 feet is required, in an R -1 Single - Family
Residential zoning district.
Eric Hilben said that he was speaking on behalf of James and Michele Rang, 1505
Brian Drive. He said that his father -in -law would like to add on to the garage toward the
Jaeger Street frontage. He said he will slightly expand the driveway so as to easily
access the garage addition.
Zoning Board of Adjustment
January 24, 2013
Page 3
Sandy Conrad, 2247 Jaeger Drive, spoke in opposition to the request, expressing
concerns with traffic safety as it regarded the sight visibility, traffic volume, on- street
parking, and pedestrian access. Ms. Conrad and another neighbor, Marge Steffen,
2250 Jaeger Drive, and the applicant approached the table and discussed the traffic
flow at the intersection of Brian and Jaeger Drives with Board Members.
Staff Member Wernimont outlined the staff report, noting that the lot has two frontages
and is prominently located on a street with a steep grade. He noted the garage size
relative to the house. He stated that the garage would not be built into the visibility
triangle, but that it may still slightly impact traffic visibility. He said the Board would
have the option to reduce the size of the garage if they felt that was necessary. He
discussed the current street configuration and noted that neighbors could request that
the Engineering Department study the intersection with the intent to prohibit parking and
to add a stop sign in an effort to improve visibility and traffic safety.
Board Members discussed the request, and felt that there would still be adequate sight
visibility at the intersection, and that traffic safety concerns should be addressed
through the Engineering Department regarding on- street parking and signage at the
intersection.
Motion by Klauer, seconded by Cremer, to approve the special exception request as
submitted. Motion carried by the following vote: Aye — Ruden, Klauer, Cremer and
Hutchinson; Nay — None.
VARIANCES:
DOCKET04 -13: Application of Randy Bowen / Jimmy Johns for a variance for property
located at 356 Main Street to install two wall- mounted signs on the building, one sign
maximum permitted, in a C -4 Downtown Commercial zoning district.
The applicant was not in attendance.
Staff Member Wernimont outlined the request, noting that the sign has already been
installed. He said that the applicant's request is to place two signs on the building
facade when only one sign is permitted in the C -4 District. He said that both signs total
43 square feet, where 100 square feet of wall- mounted signage is permitted in this
district.
Board Members reviewed the photographs of the site and noted that the signs together
would be half the square footage of the one sign permitted. They felt that the sign
request was appropriate.
Motion by Klauer, seconded by Cremer, to approve the variance to install two wall -
mounted signs on the building. Motion carried by the following vote: Aye — Ruden,
Klauer, Cremer and Hutchinson; Nay — None
Zoning Board of Adjustment
January 24, 2013
Page 4
DOCKET 0543: Application of IIW Engineering /Dubuque Community School District to
appeal the determination of the Zoning Advisory Commission rendered at the
November 7, 2012 Commission meeting denying the request to waive Article 13- 5.5(d)
of the Unified Development Code for the Kennedy School property located at 2135
Woodland Drive.
Chairperson Ruden explained the appeal process for the audience. He noted he would
abstain from the appeal due to a conflict.
Mark Fassbinder, representing IIW Engineering, 4155 Pennsylvania Avenue, stated
that the request was to waive the landscape island requirement for the school's parking
lot. He said if the requirement is not waived the school would lose three parking
spaces. He said that the Zoning Advisory Commission originally denied the request
because of a lack of the four affirmative votes needed to approve the waiver. He
referred to an aerial photo, noting the abundant amount of permeable area on Kennedy
School's property. He said that in addition to the green space there is a considerable
amount of landscaping that is over and above what would be required.
Board Member Klauer noted the previous parking variance request granted for the
school. He detailed the request for those Board Members who were not in attendance
at the previous meeting. He said that the Zoning Advisory Commission can waive site
plan requirements if they feel that the applicant has demonstrated the necessity.
Mr. Fassbinder noted that the storm water runoff from the parking lot will be captured
and directed into an engineered detention area. He said that creating three additional
openings in the parking lot will increase the amount of water that infiltrates and will
exacerbate a downhill groundwater problem.
Mike Ruden, 3256 Arrowwood Lane, explained the School District's efforts to meet with
neighbors and address the concerns they expressed regarding storm water runoff.
Staff Member Hemenway presented the staff response. He said that the intent of the
UDC since its adoption in 2009 was to incrementally bring existing parking lots and
properties into compliance with current design and landscape standards. He said that
when a building is expanded by 25 percent or more of its existing footprint, the UDC
regulations are triggered. He said that the intention of the requirements is to better
manage storm water, to add landscaping to help soften and beautify parking lots, and to
add screening, especially in residential areas. He referred to the site plan submitted by
IIW, noting the location of the three landscape islands. He said that it was his opinion,
based on topography and area, that three additional parking spaces could be easily
created directly adjacent to the existing parking spaces. He said that the Unified
Development Code stipulates that the Zoning Advisory Commission has the power to
waive requirements when they feel they may be impracticable or exact an undue
hardship because of the peculiar conditions pertaining to the subject property. He said
that the Zoning Advisory Commission determined that the request did not meet these
Zoning Board of Adjustment
January 24, 2013
Page 5
criteria. Staff Member Hemenway distributed aerial photos of the site, noting locations
where additional parking could be added. Board Member discussed the request.
Mr. Fassbinder noted that adding three parking spaces will have a negative impact on
the measures that will be taken to manage storm water. Mr. Ruden noted that the
proposed storm water management measures are designed to direct the water to a
detention area and not to create additional groundwater that he said is causing downhill
flooding problems with the adjacent residential properties. Mr. Fassbinder noted that
the school has a 50 -foot wide front yard and he said that the school district has had
extensive discussions with the adjacent neighbors in an effort to address their
concerns.
Bill Burkhart, 27180 389th Street, LaMotte, Iowa, speaking for the Dubuque Community
School District, said that he wanted to note that the School District has decided to truck
the snow from the site in an effort to address concerns raised by neighbors at a
previous meeting.
Staff Member Hemenway rebutted, re- stating the intent of the UDC, noting that there is
adequate room to place three additional parking spaces on the site, and to fully comply
with the landscape island requirement. He said that adding 600 square feet of
additional permeable area in the parking lot should have very limited impact on the
overall storm water management plan for this site. He said that the School District has
the luxury to add the parking and landscaping as required, having very little impact on
the overall project. Board Members discussed the request.
Motion by Klauer, seconded by Cremer, To uphold the determination of the Zoning
Advisory Commission rendered at the November 7, 2012 Commission meeting denying
the request to waive Article 13- 5.5(d) of the Unified Development Code for the Kennedy
School property located at 2135 Woodland Drive. Motion failed by the following vote:
Aye — Cremer, Nay — Klauer and Hutchison. The applicant's request to appeal the
Zoning Advisory Commission's denial of their waiver failed because the concurring vote
of three members of the Board shall be necessary to reverse the administrative
decision.
ADJOURNMENT: The meeting adjourned at 5:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted