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