Minutes_Zoning Board of Adjustment 2 28 13Oubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, February 28, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Vice Chairperson Randy Klauer, Board Members Jeff
Cremer and Keith Hutchinson; Staff Members Wally Wernimont and Guy Hemenway.
Board Members Excused: Chairperson Mike Ruden and 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: The minutes of the January 24, 2013 meeting were approved unanimously as
submitted.
Board Vice Chairperson Klauer noted that as there are only three Board members
present, and three affirmative votes are necessary to approve any request, that the
applicants could request that their docket be tabled to the next regularly scheduled
meeting.
Docket 08 -13: Tait and Christie Lunceford, asked that their docket be tabled to the next
regular Zoning Board of Adjustment meeting.
Motion by Cremer, seconded by Klauer, to table Docket 08 -13. Motion carried by the
following vote: Aye — Cremer, Klauer and Hutchison; Nay — None.
Docket 09 -13: John Meyer, representing Hartig Drug, asked that Docket 09 -13
Variance be tabled until the next regular meeting.
Motion by Cremer, seconded by Hutchinson, to table Docket 09 -13 to the next regular
Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Cremer, Klauer and Hutchison; Nay — None.
Zoning Board of Adjustment
February 28, 2013
Page 2
SPECIAL EXCEPTIONS
DOCKET 06 -13: Application of Bradley and Kimberly Strang, 2680 Greeley Street, to
add a second story to an existing detached garage, for a total height of 18 % feet,
where 15 feet maximum is allowed, and 2 feet from the north and south side property
lines and 0 feet from the rear property line, where a 6 -foot setback is required, in an R -1
Single- Family Residential zoning district.
Bradley Strang, 2680 Greeley Street, said that he would like to raise the roof of his
garage and install a lift. He said this will enable him to store additional antique cars
within the garage.
Vice Chairperson Klauer asked for clarification regarding the use of the lift. Mr. Strang
noted that the lift will be a platform lift that will give him additional space as his existing
garage is built almost up to either lot line, and his ability to expand his storage area is
constrained. Vice Chairperson Klauer noted that the yard and adjacent streets have
very steep grades, and that building elsewhere on the lot would be very difficult. Mr.
Strang said that there is very little available off - street parking in the neighborhood.
Staff Member Wernimont reiterated the request, noting that there is a 24 -foot grade
change from the front to the rear of the lot. He said that he had not received any calls
from neighboring property owners.
Board Members discussed the request and felt they were appropriate. Motion by
Cremer, seconded by Hutchison, to approve Docket 06 -13 as submitted. Motion
carried by the following vote: Aye — Klauer, Cremer and Hutchinson; Nay — None.
DOCKET 07 -13: Application of Mathias Lorenz for a conditional use permit for property
located at the 1483 Langworthy to allow a home -based business (administrative and
telemarketing) with two employees that do not reside on the premises in an R -1 Single -
Family Residential zoning.
Mathias Lorenz, 1483 Langworthy, noted that he would like the ability to have
employees work from his home office. He said that the employees are engaged in
bookkeeping and telemarketing.
Staff Member Hemenway distributed photos of the site. He noted that there are three
off - street parking spaces located on the subject lot, and that the addition of two
employees would require that one additional parking space be paved. Mr. Lorenz
asked the Board if he could wait until weather was favorable to pave the additional
space. Board Members reviewed letters that were included in the packet from the
applicant and an adjacent property owner.
Zoning Board of Adjustment
February 28, 2013
Page 3
Cindy Kohlmann, 1492 Langworthy, expressed concerns with the potential demand for
on- street parking. She said that Mr. Lorenz's employees already park on the street,
generally in front of the house. Mr. Lorenz said that adding a paved parking space on
the lot should provide adequate off - street parking for all of his employees. Cindy
Kohlmann expressed concerns with the businesses' hours of operation and the
potential for customer contact at the house. She asked if Mr. Lorenz were to sell the
house and business could it continue to operate at this location.
Staff Member Hemenway outlined the staff report. He noted that conditional use
permits run with the property and they do not expire if the property is sold. He said that
if another business were to locate there, they would have to operate similar to the
existing business office. He said that the reason he contacted Mr. Lorenz initially
regarding the employees at his home was that he had received a telephone call from a
neighbor regarding on- street parking. He said that Mr. Lorenz was forthcoming,
admitting that he had two employees working from his home. He said that
subsequently, Mr. Lorenz submitted an application for a conditional use permit. He
noted that the hours of operation for the business are clearly stated on the application.
Buschida Williams, 652 W. 11th Street, spoke in favor of the request. She said that she
works for Mr. Lorenz and that she relies on employment to be able to provide for her
family.
Jennifer Burkhart, 2900 Shiras Avenue, spoke in favor of the request. She said that
she is employed with Mr. Lorenz, and that she will have no problem parking at the rear
of the subject property on the paved parking area.
Mr. Lorenz said that he would guarantee that all his employees will park in the off - street
parking spaces at the rear of his property. He said the paved parking area will
accommodate all of his employee's cars. He said that his home will be passed on to
his family and that it will not be sold to another business interest. He said that he
believes the initial complaint was lodged by a former employee.
Staff Member Hemenway outlined the staff report, distributing photos of the site. He
noted that home offices are permitted as a home -based business, but that having
additional employees not living on the premises must be approved by the Board
through the conditional use process. He said that Unified Development Code
standards require that one parking space be added to the three existing spaces. He
said that the Board can consider conditions, including hours of operation, but that is
difficult for staff to regulate on- street parking.
The Board discussed conditions that could help mitigate any negative impacts that may
potentially arise by adding two employees to the home -based business.
Zoning Board of Adjustment
February 28, 2013
Page 4
Motion by Cremer, seconded by Hutchinson, to approve Docket 07 -13 for a conditional
use permit to allow a home -based business with two additional employees at 1483
Langworthy with the condition that:
1) One additional paved off - street parking space be provided by June 1, 2013;
2) Employees of the home -based business park exclusively on the off- street
parking lot; and
3) Hours of operation be limited from 7:30 a.m. to 5:00 p.m. Monday through
Friday.
Motion carried by the following vote: Aye — Klauer, Cremer and Hutchinson; Nay —
None.
ITEMS FROM STAFF: Staff Member Hemenway noted that Eugene Bird, Jr. had
submitted an application requesting membership on the Zoning Board of Adjustment.
Staff and Board Members discussed filling vacancies with members who can attend on
a more regular basis. Vice Chairperson Klauer noted that he will be moving into the
County within the next two years, and that he had submitted a letter of resignation that
would enable him to serve until an adequate replacement is found. Board Members
decided to revisit the discussion . regarding new board members and board membership
at an upcoming meeting when Chairperson Ruden is available.
ADJOURNMENT: The meeting adjourned at 4:50 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted