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Minutes Zoning Bd of Adjust 3 23 06 = MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, March 23, 2006 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Mike Ruden; Board Members Jim Urell, Bill Gibbs, and Bill Gasper; Staff Members Guy Hemenway and Wally Wernimont. ABSENT: Board Member Randy Klauer. 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 4:03 p.m. DOCKET 09-06: Application of Curt & Trish Ouellette for a special exception for property located at 1045 S. Grandview Avenue to enclose an existing carport and construct an addition above, 2 feet from the south side property line, 6 feet required, in an R-1 Single- Family Residential zoning district. Curt Ouellette outlined his request and said he wanted to enclose an existing carport and build an addition above. He discussed the photos and renderings that were submitted along with the application. He explained the setbacks of the proposed structure. He noted that the addition will not block the view from the neighbor's house. He noted the carport would be enclosed in the immediate future, and that at a future date, he would erect the second floor addition. Board Member Urell clarified that the carport would be replaced with a new garage built closer to the front property line. Mr. Ouellette indicated that the second floor will house a bedroom with a master bath. Staff presented aerial maps of the site to the Board. Staff Member Wernimont outlined the staff report and reiterated the requirements for the setbacks. He noted that the property lines are at an angle to the existing structures. He said the proposed garage addition will be further from the property line as it goes south toward Grandview Avenue. He noted that the request does include the approval of the second story addition. He noted that the addition will not block the view to the sidewalk and street for drivers pulling their vehicles out of their driveways. He noted that the enclosed carport/addition will meet the 20-foot front yard setback. He recommended that, due to the front gable design of the second floor addition, storm water should be diverted away from the adjacent residential property. Board Members asked staff if neighbors were notified. Minutes - Zoning Board of Adjustment March 23, 2006 Page 2 Staff Member Wernimont noted that all the adjacent property owners were notified of the request, and that no one has contacted him to speak for or against the request. Mr. Ouellette noted that he spoke with the neighbor at 1089 South Grandview Avenue and they had no objections to the project. Motion by Urell, seconded by Gibbs, to approve the special exception request as submitted. Motion carried by the following vote: Aye - Ruden, Gibbs, Gasper and Urell; Nay - None. DOCKET 10-06: Application of Fred RheaulUKerkel Rheault Real Estate, LLC for a variance for property located at 2350 Meinen Court to erect a new building 15 feet from the rear property line, 32 feet required, in a C-2 Neighborhood Shopping Center zoning district. Fred Rheault presented his application to the Board. He said his request is to construct a commercial building closer to the east property line than what is allowed. He noted that he would like to make the property more usable by creating more commercial space. The Board discussed the site, the orientation of the proposed building and the adjacent uses. Mr. Rheault said that the parking lot can be built to the lot line and may be more of a storm water concern than a building built 15 feet from the property line. Mr. Rheault said that the storm water would be piped underground to the storm sewer. Chairperson Ruden clarified storm water provisions for the building and parking lot by stating water collected by catch basins would be piped directly to the storm sewer. Bob Luthro, 2335 Harvest View Drive, said that the back yards ofthe houses along Harvest View Drive have a very serious water problem. He said that sump pumps run continuously and that the back yards are unusable during heavy rains. Paul Shearer, 2337 Harvest View Drive, noted there is an easement for surface water runoff located along the property line. He said that when it rains they have a river flowing through their back yards. Terry Mozena, owner of 2357 and 2367 Harvest View Drive, said they have an existing water problem and that she had to re-sod her backyard. She noted that the subject lot should create as much green space as is required. Wayne Jewett, 2351 Harvest View Drive, said that water will run from the commercial property onto his property. He indicated that storm water from the Murray Dental Clinic is a problem and that the new building will increase the problem. He noted that water will eventually come over top of the berm that directs storm water to a catch basin. Minutes - Zoning Board of Adjustment March 23, 2006 Page 3 Irene Jewett, 2351 Harvest View Drive, distributed photos showing existing storm water problems in the rear yards along Harvest View Drive. Mr. Rheault noted that his commercial development will not exacerbate the existing storm water problems. He said that he does not want to be viewed as a bad neighbor. Staff Member Wernimont outlined the staff report. He said this would be a new building built on a vacant lot adjacent to two-family residential development. He noted that storm water would be reviewed through the site plan process. He said the neighbors can request that the City Manager's Office and City Council investigate the existing storm water problem. He then discussed the site and layout of the building and distributed photos of the property. He discussed the existing storm water problems and reiterated that the variance is for a rear yard setback request. He indicated that this is an undeveloped vacant commercial lot and that the building could be placed so as to meet current required setbacks. He submitted a petition to the Board from adjacent property owners in opposition to the request. Board Member Gasper read the criteria for granting a variance. Staff Member Kyle Kritz spoke to the existing storm water issues. He noted that the storm water is to be directed towards the storm water detention basin either over the surface or by pipe. He noted that the Engineering Department will take existing problems into consideration during the site plan review process. He noted that the rate of water leaving the site and direction can be managed; however, the volume will increase. Motion by Urell, seconded by Gibbs, to approve the variance request as submitted. Motion was denied by the following vote: Aye - Ruden; Nay - Gibbs, Gasper and Urell. DOCKET 11-06: Application of Sarah DavidsonfTFM Company for a variance for property located at 759 Bluff Street to convert an existing four-plex to a seven-plex with a deficit of 5 off-street parking spaces in an OR Office Residential zoning district. The application was withdrawn at the request of the applicant. DOCKET 12-06: Application of Jeff & Roger Voss appealing staffs interpretation regarding the definition of a contractor's shop. Chairperson Ruden noted the procedure for hearing an appeal. Roger Voss, Voss Pest Control, 2011 Radford Road, discussed his interpretation regarding the definition of a contractor shop. He noted that the property at 2011 Radford Road was rezoned to OC Office Commercial. He indicated that he owns a pest control business and Minutes - Zoning Board of Adjustment March 23, 2006 Page 4 that he operates it out of 2011 Radford Road. He noted that he currently stores chemicals in a 2' by 6' area on the property. He indicated that they currently sell mouse bait stations. He referred to the list of permitted uses in an Office Commercial district. He noted that barber/beauty shops, copying center, photography studios, etc. also have chemicals and flammable materials stored on site. He stated he felt that Voss Pest Control is compatible with the existing permitted uses. He indicated that some pest control businesses operate out of their owner's house because they cannot afford an industrial/commercial property. Mr. Voss indicated that 2011 Radford Road is currently surrounded by the Pizza Ranch, a day care, and a middle school. He noted that he would not like to see a commercial service zoning district adjacent to his business or home. He said that large jobs require large amount of chemicals and that sometimes these are stored on site. He sited an example of a termite infestation at Hempstead High School. He noted that chemicals can be ordered and delivered in three days; therefore, there is no need to store them on site. Mr. Voss noted that they have a modest retail sales component with $200-$300 generated annually. Chairperson Ruden said that the Office Commercial District is a retail sales district, where the Commercial Service District is a service oriented district. Staff Member Hemenway gave the Administrative Officer's presentation. He noted that Mr. Voss and his realtor did not contact the Planning Services Department prior to the business going into the structure to verify if it was a permitted use. He discussed the Office Commercial zoning district preamble. He explained the permitted uses in the Office Commercial District. He explained that these types of uses comprise a mixed residential district. He explained that a pest control business is a contractor shop/yard. He explained that businesses located in this district, such as pest control businesses, are service- oriented businesses and not the small retail sales business located in Office Commercial Districts. He noted that Mr. Voss's business is small, although the size of a business cannot be taken into consideration when dealing with zoning districts. He noted that Orkin Pest Control is located in a LI Light Industrial District. He said that pest control is allowed as a permitted home occupation as long as all chemicals, materials and equipment are stored on the service vehicle. He noted that Mr. Voss's current options are to either rezone, move to a permitted district or appeal staff's interpretation. He noted Mr. Voss chose to appeal staff's interpretation. Mr. Voss said that Light Industrial Districts and Commercial Service Districts are usually not located close to residentially-zoned property. He noted that many small businesses start in homes and eventually expand. He reiterated that small businesses cannot afford commercial/industrially zoned property. Staff Member Hemenway said that small businesses can be permitted as a home occupation but when they expand they need to move to an appropriate zoning district. He noted that if the Zoning Board of Adjustment approves pest control as a permitted use in Minutes - Zoning Board of Adjustment March 23, 2006 Page 5 an OC Office Commercial Zoning District then it would be allowed in every OC District located throughout the city. Motion by Urell, seconded by Gasper, to uphold staff interpretation. Motion carried by the following vote: Aye - Ruden, Gasper and Urell; Nay - Gibbs. MINUTES & NOTICES OF DECISION: The minutes of the February 23, 2006 meeting and Notices of Decision for Dockets 04-06,06-06,07-06 and 08-06 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:28 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted