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Minutes Zoning Bd Adj 5 25 06 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, May 25, 2006 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper and Bill Gibbs; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. 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 order by Chairperson Ruden at 4:05 p.m. DOCKET 20-06: Application of Michael Klauer for a special exception for property located at 2030 Coates Street to construct a detached garage 1.5 feet from the east side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Michael Klauer, 2030 Coates Street, presented his application to the Board. He noted that he is proposing to build a 20' by 24' detached garage, 1 '6" from the side property line. He said he spoke with the adjacent neighbors and they have no objections to the location of the proposed garage. He stated that he has removed the deteriorated garage. Staff Member Wernimont outlined the staff report and provided photos of the site to the Board. He indicated that the garage will be located on the same footprint; however, it will be extended closer to the rear property line. He said that because the proposed garage will be 1.5 feet from the side property line, the wall must be fire rated. He recommended that, if approved, storm water runoff be directed away from adjacent properties. The Board discussed the storm water drainage and the roof style. Motion by Urell, seconded by Gasper, to approve the special exception with the condition that storm water runoff be directed away from the neighboring properties. Motion carried by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay- None; DOCKET 21-06: Application of Christine Happ Olson/Four Mounds Foundation for a special exception for property located at 2052 & 2056 Washington Street to subdivide a lot with 2,120 square feet of lot area, 2,500 square feet minimum required, and 20 feet of frontage, 25 feet minimum required, in an R-2A Alternate Two-Family Residential zoning district. Minutes - Zoning Board of Adjustment May 25, 2006 Page 2 Christine Olson outlined the request to the Board. She said that the Four Mounds Foundation owns a duplex at 2052 & 2056 Washington Street. She said they are proposing to subdivide the lot along a common wall between the two units. She noted that this is an effort to provide affordable housing and homeownership in the neighborhood. She said that, due to the construction and size of the lot, they cannot meet the minimum requirements for lot area and street frontage. Staff Member Wernimont presented the staff report. He reiterated the special exception request. He referred to a map that showed existing lots located in the neighborhood that do not meet the setbacks and lot area. He said that subdivision of the lot will not increase the density of the neighborhood. He said subdivision of the lot will allow each side of the duplex to be sold separately. He noted that, if approved, staff must review the survey plat, and that a copy will be filed with the staff report. Motion by Gasper, seconded by Klauer, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. DOCKET 26-06: Application of Terry Koelker, Buesing & Associates for a special exception for property located at 2813 Jackson Street to allow a lot split creating a lot of 2,462 square feet, 2,500 square feet required, in an R-2A Alternate Two-Family Residential zoning district. The applicant was not in attendance. The Board moved the docket to the end of the meeting. DOCKET 24-06: Application of Steven Brown, City Engineering Department for a conditional use permit for property located at 2796 University Avenue to allow construction of storm sewer facilities in a designated floodplain. Staff Member Kritz outlined the staff report. He said that the improvements to University Avenue are part of the Highway 20 expansion project. He noted that Mr. Brown is present if the Board has any questions. He explained the roadway configuration and said that storm water is being piped under the roadway. He discussed the storm water and flooding characteristics of Catfish Creek. He discussed the requirements for detention basins throughout the city. He indicated that the Corps of Engineers has approved the improvements to University Avenue and that the Department of Natural Resources is in the process of reviewing the project. Motion by Urell, seconded by Gasper, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. , Minutes - Zoning Board of Adjustment May 25, 2006 Page 3 DOCKET 25-06: Application of Chad Leitch, O'Connor & Thomas, PC/Mark & Mary Erschen appealing Staff's interpretation that a dog grooming business is not a permitted home occupation in an R-3 Moderate Density Multi-Family Residential zoning district. Chairperson Ruden explained the procedure for hearing an appeal. Chad Leitch, O'Connor & Thomas, P.C. represented Mark and Mary Erschen. Mr. Leitch referred to Section 4-7 Home Occupations of the City of Dubuque Zoning Ordinance. He referred to Section 4-7.2, which lists permitted home occupations, and stated that a dog grooming business it not any more intense than the listed uses in that section. Staff Member Hemenway presented staff's interpretation. He noted that a dog grooming business is not listed as a permitted home occupation in Section 4-7.2, Permitted Home Occupations. He noted that barber and beauty shops are prohibited occupations because of the intensity of traffic and number of appointments. He went on to explain that a dog grooming business typically has odor and noise associated with it, and that it does not meet the criteria for a home occupation. Mr. Leitch rebutted and noted that Section 4-7.3 does not specifically prohibit a dog grooming business. He also indicated that the applicant has received a state license for a dog grooming business. Staff Member Hemenway referred to Section 4-7.4 and explained that any proposed occupation not specifically prohibited by Section 4-7.3 shall be considered a conditional use and be granted or denied by the Board of Adjustment upon finding that the proposed home occupation can meet the provisions of Section 4-7.1. Chairperson Ruden agreed with staff's interpretation because the home occupation section of the ordinance does not list a dog grooming business as a permitted home occupation. Motion by Urell, seconded by Gasper, to affirm staff's interpretation. Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay - None. DOCKET 23-06: Application of Chad Leitch/Mark & Mary Erschen for a conditional use permit for property located at 133 St. Mary Street to allow a dog grooming business as a home occupation in an R-3 Moderate Density Multi-Family Residential zoning district. Mr. Leitch presented the application to the Board. He noted that the property has been licensed by the State of Iowa for a dog grooming business. He indicated that Mark and Mary Erschen were approved by the State prior to operating the dog grooming business. He said that the applicants had discussions with Animal Control Officer Sue Barnes and they felt they met all the requirements for the dog grooming business. He explained that the exterior of the home has not changed. He said that the property does not have excessive traffic as compared to a day care facility. He said that people drop off their dogs Minutes - Zoning Board of Adjustment May25, 2006 Page 4 to be groomed, leave and come back when the grooming is complete. He said a typical appointment takes between one to one and half-hours. He said that St. Mary's street is a one-way street. He said the Erschen's are licensed to have two dogs on the premises at a time, and if two dogs are present, both have to be owned by the same person. He said that as soon as the appointment is over, they call the dog owner to have them picked up, and that no dogs are kenneled on-site. Board Member Urell asked if dogs stayed for a long time on the site. Mr. Leitch said that it is not economically feasible to rent a commercial property to operate the dog grooming business. He explained that there were some nuisance calls about dogs barking in the neighborhood; however, the calls were not for this property, but were for another dog located in the neighborhood. He indicated that currently there is no outdoor storage or display of any kind on the Erschen's property. He explained that there was a sign located on the building that has since been removed. He indicated there are no employees except for Mary Erschen, who lives on the property. He said the operation is located in a room at the rear of the house and does not occupy more than 25% of total floor area of the dwelling unit. He indicated that the customers come to the site and drop off their pets, and that semi-trucks do not to deliver supplies. Mr. Leitch said that two veternarians refer clients to Mary Erschen for dog grooming, and that contact is made only by appointment. He said that the hours of operation are from 9:00 a.m. to 7:00 p.m. and that no more than one to two dogs, all owned by the same owner, are allowed on-site. He indicated that this is not a kennel and that they do not board dogs overnight. He said that Mary Erschen owns two dogs. He referred to a petition that has been signed by neighbors and a letter. Board Member Gibbs noted that dogs are territorial and asked if Mr. Erschen's dogs bark when other dogs are on the site. Mrs. Erschen indicated that her dogs are trained and that they do not bark. She stated that she owns a boxer and two terriers and they are located in a separate room inside the home when she is grooming other dogs. Karen St. George, 300 Clarke Drive, spoke in support of the conditional use permit. She said that Mary Erschen grooms her dog because she has arthritis and it is difficult for her to groom her dog. She stated that she has not noticed any barking dogs at the Erschen's while she was present. Pat Balvanz, 4563 Camelot Drive, spoke in support of the conditional use permit. She said that she owns property at 115 and 163 St. Mary's Street. She stated she has lived at 115 St. Mary's Street from 1995 to 2005. She stated that she lived in the neighborhood when Mary Erschen was running her dog grooming business and that her dogs were well behaved and do not bark. She stated she did not even know Mary Erschen was running a dog grooming business in the neighborhood. , Minutes - Zoning Board of Adjustment May 25, 2006 Page 5 Samantha Humke, 705 W. 3rd Street, spoke in favor of the request. She noted that she currently owns a beagle and a collie and that she uses Mary Erschen's dog grooming business. She stated that the complaint in the neighborhood was from a barking dog that was not hers or one of Ms. Erschen's customers. Richard Jacobi, 117 St. Mary's Street, spoke in opposition to the conditional use permit. He said that he owns the property adjacent to Mary Erschen's. He stated that Mark and Mary Erschen are good neighbors. He stated that St. Mary's Street is narrow and one-way with parking allowed on one side only. He stated that St. Mary's Street is a parking permit district and that property owners need to pay for a permit in order to park on the street. Mr. Jacobi said he has noticed odor coming from the dog grooming business. He expressed concerns with the resale value of his home being located directly adjacent to a dog grooming business. Chairperson Ruden asked if Mr. Jacobi has difficulty finding parking in the neighborhood. Mr. Jacobi said that he has to often park down the street from his home. He stated that he has parking problems because of the business. He explained that Mary Erschen does not have a driveway. Board Member Gibbs asked if there is off-street parking at 133 St. Mary's Street. Mr. Jacobi noted that there is no off-street parking at 133 St. Mary's Street. Victor St. George, 300 Clarke Drive, spoke in favor of the conditional use permit. He noted that he is in favor because of the service that it provides in downtown. He stated it only takes a couple of minutes to drop off and pick-up dogs. Doug Christiansen, 705 W. 3rd Street, spoke in favor of the conditional use permit. He said the quality of service is excellent. He explained that he pulls up on St. Mary's Street and drops off his dog. He said that everyone would prefer to have on-street parking right in front of their house; however, not everyone is entitled to on-street parking. He explained the only odor he noticed at the site is the smell of shampoo. Mr. Leitch noted that the neighbors have spoken. He explained that this is a home occupation and the Erschens live at this address. He explained that they are in the process of improving the home and installing a driveway. Staff Member Hemenway presented the staff report. He distributed photos of the site to the Board. He noted that St. Mary's Street is 16 feet of pavement and is one-way with parking on one side. He explained that this is a residential parking permit district. He said that residential parking permit districts are in place because of parking problems in the neighborhood. He noted that barking dogs and smells are typically associated with dog grooming businesses and kennels. He said that he cannot verify if the barking nuisance was one of the Erschens' dogs or one of the neighbor's dogs. He explained that the State license that was issued for the site is for a commercial kennel. He said that dog waste on- site can produce odor. He referred to a brochure that shows dog grooming activity on the outside of the dwelling. He stated that no activity should be visible from the street. Minutes - Zoning Board of Adjustment May 25, 2006 Page 6 Chairperson Ruden asked ifthere were complaints on file for parking in the neighborhood. Staff Member Hemenway noted he has not received complaints regarding parking in the neighborhood since the dog grooming business opened. Mary Erschen stated that the business only operates inside the building and the photographs were taken of the outside of the building for the brochure because of the amount of space needed. She indicated that her existing grooming area is small. She referred to how she handles dog feces and said that it is removed on a weekly basis. She indicated that the license is only for part-time and allows only one to two dogs at a time. The Board reviewed the criteria for granting a conditional use permit. Chairperson Ruden asked if criteria #3 could be re-read which states, "Creates a hazard to personal property, results in electrical interference or becomes a nuisance." Chairperson Ruden stated that he feels the application meets all requirements. Motion by Klauer, seconded by Urell, to approve the conditional use permit. Motion was approved by the following vote: Aye - Klauer, Urell, Gibbs and Ruden; Nay - Gasper. DOCKET 22-06: Application of Jim Urell for a special exception for property located at 887 Mt. Carmel Road to construct a new house 14 feet from the front property line (Cannon Street), 20 feet required, in an R-1 Single-Family Residential District. Board Member Urell excused himself from the table to present his application. Mr. Urell explained the location of the proposed house relative to the existing house. He provided a scaled site diagram showing both footprints. Staff Member Wernimont presented the staff report. He referred to a map indicating adjacent properties that have setbacks similar to the request. He noted that the proposed building would be located outside the visibility triangle and, therefore, should have little impact on public safety. Motion by Gasper, seconded by Gibbs, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Klauer, Gasper, Gibbs and Ruden; Nay - None; Abstain - Urell. DOCKET 26-06: Application of Terry Koelker, Buesing & Associates for a special exception for property located at 2813 Jackson Street to allow a lot split creating a lot of 2,462 square feet, 2,500 square feet required, in an R-2A Alternate Two-Family Residential zoning district. The applicants were not in attendance. Staff Member Hemenway presented the staff report. He noted that this is a request to split a lot, creating a lot 2,462 square feet, 2,500 square feet required. He explained Minutes - Zoning Board of Adjustment May 25,2006 Page 7 that this is a deficit of 38 square feet. He explained that subdividing the lot should have little or no impact on surrounding properties. He said the lot was being subdivided to eliminate an encroachment. Motion by Gasper, seconded by Klauer, to approve the special exception 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 April 27, 2006, meeting and Notices of Decision for Dockets 13-06, 14-06, 15-06, 16-06, 17-06, 18-06 and 19-06 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted