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Minutes_Zoning Board of Adjustment 3 28 13Masterpiece on the Mississippi Dubuque Seal AIlLnenwCfi 11111r DDa MINUTES CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT REGULAR SESSION 4:00 p.m. Thursday, March 28, 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 4:02 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 February 28, 2013 meeting were approved by the following vote: Aye — Klauer, Cremer, and Hutchinson; Nay — None; Abstain — Ruden. Chairperson Ruden noted that there are only four Board members present, and that three affirmative votes are necessary to approve any request. He said 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 Klauer, seconded by Cremer, to table Docket 08 -13. Motion carried by the following vote: Aye — Cremer, Klauer Ruden, 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 Klauer, seconded by Cremer, to table Docket 09 -13 to the next regular Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye — Cremer, Klauer, Ruden, and Hutchison; Nay — None. SPECIAL EXCEPTIONS DOCKET 10 -13: Application of Mike Portzen / Trinity Townhouse, LLC, for a special exception for property at the corner of Garfield Avenue and Whittier Street to build a Zoning Board of Adjustment March 28, 2013 Page 2 duplex 10 feet from the front property line (Whittier Street) 20 feet minimum required, in an R -4 Multi - Family Residential zoning district. Jamie Kluesner, controller for Portzen Construction, explained the request to the Board. He said that this request is similar to the requests approved for two other properties in the immediate area. He noted the setbacks from the property lines to structure from Garfield Avenue and Whittier Street. No one spoke in opposition to the request. Staff Member Hemenway noted that the attached garages will be accessed from an alley instead of the street. He explained that there will be no garage access from Whittier Street or Garfield Avenue. Board Members discussed the request and felt it was appropriate. Motion by Klauer, seconded by Cremer, to approve Docket 10 -13 as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Ruden, and Hutchinson; Nay — None. DOCKET 11 -13: Application of Kevin and Jennifer Wernimont for a special exception for the property at 10901 Key West Drive to build an attached garage 0 feet from the north side property line, 6 feet required, in an R -1 Single - Family Residential zoning. Kevin Wernimont, 10901 Key West Drive, said that he would like to remove an existing one -stall detached garage and replace it with a larger attached garage that will be angled along the property line. He said that he would like to enlarge the garage in order to improve accessibility for his parents. He noted that the garage foundation will sit approximately one -foot from the property line and there will be an overhang with a gutter to help direct storm water runoff. Staff Member Wernimont reiterated the request, noting that the adjacent property owner has a fence located close to the property line. He said that Kevin Wernimont has already obtained a survey to establish the property line. He recommended that the Board require that a gutter be placed on the edge of the roof in order to help divert storm water from being directly discharged onto the neighboring property. The Board discussed the request, and felt it was appropriate with the condition that a gutter be installed to divert storm water away from the neighboring property. Motion by Klauer, seconded by Cremer, to approve the special exception with the condition that a gutter be installed to divert storm water away from the neighboring property. Motion carried by the following vote: Aye — Klauer, Cremer, Ruden, and Hutchinson; Nay — None. Zoning Board of Adjustment March 28, 2013 Page 3 VARIANCES DOCKET 12 -13: Application of Heartland Financial for a sign variance for the property at 1301 Central Avenue to place a 319 square foot sign on the building, 100 square foot maximum permitted, in a C -4 Downtown Commercial Zoning District. Keith Wolff, Dubuque Sign, 210 Cedar Cross Road, represented Heartland Financial. He explained that they are currently allowed four 100 square foot wall- mounted signs. He indicated that they are only requesting to install one 319 square foot sign. He noted that the sign will be placed on a large blank wall and will be proportionate to the building. He said that this is the only sign located on the building. No one spoke in opposition to the request. Staff Member Hemenway reiterated the request. He explained that they are currently allowed four 100 square foot signs. He said that they are asking to install one 319 square foot sign at this time. He said that the sign is approximately 10% of the building wall. He said the Board has the power to restrict any additional signage on the building. The Board discussed the sign variance request, noting that they felt it was unnecessary to restrict additional signage for the building. Motion by Klauer, seconded by Cremer, to approve Docket 12 -13 as submitted. Motion carried by the following vote: Aye — Klauer, Cremer, Ruden, and Hutchinson; Nay — None. ITEMS FROM THE BOARD: The Board discussed that Eugene Bird, Jr. has submitted an application requesting membership the Board. Board Member Klauer reported he has submitted a letter of resignation to the City Clerk, noting that he will serve until his position has been filled. Chairperson Ruden noted that he will also be submitting a letter of resignation to the City Clerk's Office asking them to allow him to serve until he has been replaced. He indicated he is currently having conflicts with making the meetings and having to abstain from votes. The Board discussed that Chairperson Ruden's position should be filled first prior to Randy's position. Chairperson Ruden and Board Member Klauer were agreeable to this request. ADJOURNMENT: The meeting adjourned at 4:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted