Minutes Zoning Bd of Adj. 6 22 06
MINUTES
ZONING BOARD OF ADJUSTMENT DRA FT
REGULAR SESSION
Thursday, June 22, 2006
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360 W. 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill
Gasper and Bill Gibbs; Staff Members Guy Hemenway 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 4:07 p.m.
DOCKET 29-06: Application of Dana Ludovissy for a special exception for property
located at 2107 Windsor Avenue to build an attached deck 1 foot from the rear property
line, 5 feet 3 inches required; and to cover 53% of the lot with structure, 50% maximum
allowed, in an R-2A Alternate Two-Family Residential zoning district.
Ron Ludovissy, 2309 Stafford Street, introduced his daughter, Dana Ludovissy. He said
his daughter wants to build a deck off the side of their house.
Staff Member Wernimont distributed photos of the site to the Board. The Board and the
applicants discussed the deck location and the lot configuration.
Staff Member Wernimont presented the staff report, stating the rear yard setback
requirements. He also stated that the request is to cover 53% of the lot with structure. He
stated that the deck will not block the views for drivers pulling their vehicles out into the
alley.
Motion by Klauer, seconded by Gasper, to approve the special exception as presented.
Motion carried by the following vote: Aye - Ruden, Klauer, and Gasper; Nay - None.
DOCKET 30-06: Application of Amy Goedken for a special exception for property located
at 1738 Vizaleea to build a carport one foot from the south side property line, 6 feet
required, in an R-1 Single-Family Residential zoning district.
Note: Board Member Gibbs arrived at 4:17 p.m.
Amy Goedken presented her application to the Board. She stated that she wants to build
an attached carport on the side of her home that would be accessed from an existing
driveway.
Minutes - Zoning Board of Adjustment
June 22, 2006
Page 2
Staff Member Hemenway outlined the staff report. He referred to the setback requirements
for structures in an R-1 Single-Family Residential zoning district.
The Board discussed the side yard setback. They recommended leaving the carport with
an open design.
Motion by Klauer, seconded by Gibbs, to approve the special exception with the condition
that the carport remain open. Motion carried by the following vote: Aye - Ruden, Klauer,
Gasper and Gibbs; Nay - None.
DOCKET 32-06: Application of Margaret & Leonard Young for a conditional use permit for
property located at John F. Kennedy Circle (Lot 2-5 of Herrig's JFK Addition) to build a
preschool and child care center to accommodate a maximum of 145 children in a C-3
General Commercial zoning district.
Margaret and Leonard Young, 3030 Kaufmann Avenue, presented their application to the
Board. They discussed the location of the building on the lot. Mr. Young stated that he
has spoken with EconoFoods, the dry cleaner and Area Residential Care about the day
care center.
Staff Member Hemenway distributed photos of the site to the Board. The Board discussed
the location of the proposed day care.
Dave Hunt, 1011 Shady Lane, representing Area Residential Care, addressed the Board.
Mr. Hunt approached the Board and reviewed the site plan that was submitted with the
application. He indicated that he has concerns about traffic congestion in the
neighborhood. He stated he is concerned with Area Residential Care tenants walking
across the driveway to the bus stop on Kennedy Road. He also stated concerns with storm
water runoff.
Linda Wolff, 3448 Hillcrest, stated that she has concerns about fencing the property and
noise.
Mr. Young stated that they will install a 6' to 10' high privacy fence around the property as
required by State law. He stated that their hours of operation will be from 6:30 a.m. to 6:00
p.m. and that they are not open on weekends.
The Board noted that ARC tenants currently cross on multiple driveways along JFK Circle.
Mr. Young noted that there will be approximately 35 parking spaces and a drop-off lane in
front of the building.
Staff Member Hemenway presented the staff report. He stated that the proposed daycare
center will accommodate a maximum of 145 children. He discussed the driveway access
Minutes - Zoning Board of Adjustment
June 22, 2006
Page 3
to ARC's property. He stated that there will be a 26-foot wide drop-off lane for the day care
center. He explained why a daycare center is a conditional use in a C-3 General
Commercial District. He referred to the list of permitted uses allowed in the C-3 District.
He stated that the Kennedy Circle public right-of-way is 80 feet wide and has two 24-foot
wide drive aisles. He stated that storm water conveyance will be reviewed through the site
plan review process.
Motion by Gasper, seconded by Klauer, to approve the request as submitted. Motion
carried by the following vote: Aye - Ruden, Klauer, Gasper and Gibbs; Nay - None.
NOTE: Board Member Jim Urell arrived at 4:40 p.m.
DOCKET 31-06: Application of Durrant Group/DMT Investments for a variance for
property located at 593 Hill Street to construct a commercial building 10 feet from the rear
property line, 20% of the lot depth (24 feet) required, in a C-2 Neighborhood Shopping
Center zoning district.
Chairperson Ruden excused himself from the table to present the application on behalf of
the Durrant Group.
Mike Ruden, 3256 Arrowwood Drive, presented the application to the Board. Mr. Ruden
presented a drawing of the site, and noted that the request is for a 10-foot rear yard
setback and explained the unusual configuration of the building on the lot.
Staff Member Hemenway presented a contour map and photographs of the property to the
Board. The Board discussed photographs of the site.
Mr. Ruden explained the space is needed for an expansion of an existing tenant in the
building. The Board discussed the elevation of the park, Oky-Doky Store, and the addition.
Daniel Berger, 611 Caledonia, stated he owns the house adjacent to the proposed Oky-
Dokyexpansion. Mr. Berger voiced concerns with the proximity of the business to his
home. He expressed concerns with privacy and noise. He stated he felt his property value
will be diminished. He said Tom Thompson has offered to purchase his property.
Mr. Ruden rebutted, noting the request is for a rear yard setback. He stated that a fence is
required to be installed between the C-2 and the R-2A zones.
Staff Member Hemenway presented the staff report. He noted that the property was
rezoned from R-2A Alternate Two-Family Residential to C-2 Neighborhood Shopping
Center District. He stated that the rezoning was heard at two public hearings and that
there was a private neighborhood meeting conducted by the applicants. He noted the
elevation changes between the Oky-Doky building addition and the City park. He
discussed the odd-shape of the lot.
Minutes - Zoning Board of Adjustment
June 22, 2006
Page 4
The Board discussed the location of the building and its relationship to the rear yard
setback.
Motion by Klauer, seconded by Urell, to approve the variance as submitted. Motion carried
by the following vote: Aye - Klauer, Urell, Gasper and Gibbs; Nay - None.
DOCKET 27-06: Application of Martin McNamer/NCR Developers, LLC for a special
exception to build a single-family home 170 feet from the front property line, 50 feet
maximum allowed, in an R-2 Two-Family Residential zoning district. for property located
northwest of Manson Road (Lot 1 Timber-Hyrst Estates)
The applicant was not in attendance. The Board said that they would like to know why the
applicant needs a 170 feet setback.
Motion by Urell, seconded by Klauer, to table the application. Motion carried by the
following vote: Aye - Ruden, Klauer, Urell, Gasper and Gibbs; Nay - None.
DOCKET 28-06: Application of Martin McNamer/NCR Developers, LLC for a special
exception to build a single-family home 80 feet from the front property line, 50 feet
maximum allowed, in an R-2 Two-Family Residential zoning district located northwest of
Manson Road (Lot 28 Timber-Hyrst Estates).
The applicant was not in attendance. The Board said that they would like to know why the
applicant is proposing to build 80 feet from the front property line instead of the 50 feet
maximum allowed.
Motion by Klauer, seconded by Urell, to table the application. Motion carried by the
following vote: Aye - Ruden, Klauer, Urell, Gasper and Gibbs; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the May 25, 2006 meeting and
Notices of Decision for Dockets 20-06, 21-06, 22-06, 23-06, 24-06, 25-06 and 26-06 were
approved unanimously as submitted.
ADJOURNMENT: The meeting adjourned at 5:08 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner
Adopted