Minutes_Zoning Board of Adjustment 6 27 13Dubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, June 27, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Randy Klauer; Board Members Jeff Cremer,
Bill Gibbs, and Eugene Bird; Staff Members Guy Hemenway and Wally Wernimont.
Board Members Excused: Board Member Heath Hutchinson.
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 May 23, 2013 Zoning Board of Adjustment meeting were
approved unanimously as submitted.
SPECIAL EXCEPTIONS
DOCKET 22 -13: Application of David Harris /Community Housing Initiatives, Inc. for a
special exception for property located at 1623,1629 & 1635 Washington Street to cover
64 %, 76 %, and 59% of the subject lot respectively and to build a three -stall garage 1
foot from the rear property line, 6 feet minimum required, and 0 feet from the side
property line, 3 feet required, in an R -2A Alternate Two - Family Residential zoning
district.
David Harris, representing Community Housing Initiatives, Inc., 1600 West 32nd Street,
said that they are proposing to build a three - stall, detached garage at 1623, 1629, and
1635 Washington Street. He said the intent is to rehabilitate the three -plex. He said
marketing studies have shown that a detached garage would help with the sale of the
property. He said that the proposed detached garage will be aligned with the garage
located on the adjacent property.
No one spoke in opposition to the request.
Staff Member Wernimont distributed photos of the site and reiterated the request. He
said that the property is legally non - conforming because the structure is a three -plex
located on three separate lots with zero lot line setbacks. He said that in an R -2A
district only duplexes or single family houses are allowed. He said that the proposed
Zoning Board of Adjustment
June 27, 2013
Page 2
detached garage will have shared firewalls along the common property lines similar to
the existing three -plex. He discussed the garage architecture and noted that storm
water from the roof will be directed to the newly constructed permeable paver alley.
The Board discussed the request and felt that it was appropriate.
Motion by Gibbs, seconded by Cremer, to approve the special exception. Motion
carried by the following vote: Aye — Klauer, Cremer, Gibbs, and Bird; Nay — None.
DOCKET 23 -13: Application of Christopher and Molly Baumhover for a special
exception for property located at 1325 Belmont Street to build a two -unit townhouse on
a 5,650 square foot lot, 6,000 square feet minimum required, in an R -2 Two - Family
Residential zoning district.
Christopher Baumhover, 10846 Mockingbird Lane, Peosta, IA, said he is asking to build
a two -unit townhouse that will meet the required setbacks. He said that the lot is
presently 350 square feet short of the required lot area. He said that his brother will
occupy one of the units and the other unit will be a rental. He said that, ultimately, both
units in the building will be rentals.
The Board discussed lot area, lot coverage and off - street parking requirements.
Staff Member Wernimont distributed photos and an aerial map of the site.
Victoria Collins, 1290 Belmont Street, noted the history of Mr. Baumhover's properties
located elsewhere in the neighborhood. She discussed the history of the neighborhood
noting the gradual change from single - family owner occupied homes to rental
properties. She said that there is an existing duplex that has no off - street parking that
was once owned by Mr. Baumhover. She expressed concerns with demand for on-
street parking in the neighborhood.
Dan Jansen, 2637 Nebraska Street, said that he owns the duplex located at 1295 -97
Belmont Street. He said that he currently rents to three students per unit and that they
have a total of six cars. He said that he has tried to regulate his tenants' parking habits,
but it is difficult. He expressed concerns with lack of green space and permeable area.
He noted that he is in the process of providing off - street parking at the rear of his
property. He said the project has been hampered by the weather.
Damian Baumhover, 89 Alpine Street, said he wants to own and occupy half of the
proposed duplex. He said the design will be sensitive to the architecture of the
neighborhood. He said that the structure will meet the required off - street parking
regulations and required setbacks and will provide plenty of permeable area. He noted
that each unit will have four bedrooms.
Zoning Board of Adjustment
June 27, 2013
Page 3
Christopher Baumhover thanked the Board for listening to his request, and said he has
a good rapport with the neighbors. He indicated that the duplex that he sold had off -
street parking associated with it but the new owner sold the garage separately. He said
that he did not own the properties at the time this happened.
Staff Member Wernimont presented the staff report. He referred to letters of opposition
from property owners at 1298 Belmont Street, 1330 Belmont Street, 1340 Belmont
Street, and 1358 Belmont Street expressing concerns with demand for on- street
parking in the neighborhood. He noted the lot area, lot coverage, required green space
and setback requirements for properties and structures located in an R -2 Two - Family
Residential zoning district. He defined a single - family, and indicated that up to four
unrelated individuals can live together as one housekeeping unit. He discussed the off -
street parking requirements noting that the applicants are proposing to provide a four
space paved parking lot off the alley at the rear of the subject property. He said that the
neighbors could apply for a residential parking permit district. He discussed on and off -
street parking status in the neighborhood.
Board Member Bird asked about the existing duplex with no off - street parking. Staff
Member Wernimont discussed the grandfather status of older homes as it regarded off -
street parking.
Chairperson Klauer read the criteria for granting a special exception. He expressed
concerns with on- street parking and density in the neighborhood.
The Board expressed concerns with density, the potential that the tenants could have
up to eight vehicles and the potential impact to property values in the neighborhood.
Motion by Cremer, seconded by Gibbs, to approve the special exception. Motion was
denied by the following vote: Aye — None; Nay - Klauer, Cremer, Gibbs, and Bird.
DOCKET 24 -13: Application of Cheryl Vahl for a special exception for property located
at 370 North Booth Street to build a house addition three from the north side property
line, 6 feet required, and a detached garage 0 feet from the rear property line and 1 -foot
from the south side property line, 6 feet required for both, and 21 feet in height, 15 feet
maximum allowed, in an R -1 Single - Family Residential zoning district.
Cheryl Vahl, 370 North Booth Street, said that she has lived in the house since she was
very young and wanted to rehabilitate the house so as to prepare it for her retirement.
She said she wants to remove the deteriorated cinder block garage and replace it with a
new detached garage. She said that she wants to remodel and reconfigure the interior
of the home and build an addition off the rear of the house.
Board Member Klauer clarified the addition and garage locations, noting that the garage
and addition will not encroach closer to the property lines what currently exists.
Zoning Board of Adjustment
June 27, 2013
Page 4
Staff Member Wernimont distributed photos and aerial maps of the site. He outlined
the request. He said that the existing garage is deteriorated and that the applicant is
proposing to replace it with a new two -story garage that will be located on the same
footprint, but, extended farther west and north on the lot. He recommended that storm
water from the roof of the garage be directed away from the adjacent property.
Cheryl Vahl discussed storm water management techniques for the structures.
Motion by Gibbs, seconded by Cremer, to approve the special exception with the
condition that a gutter be installed along the edge of the garage to help divert storm
water away from the adjacent property. Motion carried by the following vote: Aye —
Klauer, Cremer, Gibbs, and Bird; Nay — None.
CONDITIONAL USE PERMITS:
DOCKET 25 -13: Application Steven Driscoll, Jr. for a conditional use permit for
property located at 6655 Kingsley Lane to allow a vehicle detailing business as a home -
based business in an R -1 Single - Family Residential zoning district.
Steven Driscoll, Jr. said he wants to conduct a detailing business for supplemental
income. He said a large percentage of the vehicle detailing business involves washing
motor homes and boats at remote locations. He said that he drives some of the
vehicles to his house, but, that the vehicles are not held overnight. He said he spoke
with the neighbors and none were aware that he was currently running a detailing
business at his home.
Board Member Gibbs asked if he would be detailing recreational vehicles on his
property. Mr. Driscoll indicated he would not detail recreational vehicles at this home.
Board Member Gibbs asked if he would be using the cul -de -sac for on- street parking.
Mr. Driscoll indicated he would not use the cul -de -sac for parking.
Staff Member Wernimont discussed possible negative impacts of the vehicle detailing
business. He indicated that all property owners within 200 feet were notified and have
expressed no concerns with the proposed home -based business. He said that the
Board can limit the number and type of vehicles detailed at the home. He also
recommended that no on- street parking of the vehicles be allowed.
Board Member Bird expressed concerns with the detailing of recreational vehicles at
the site. The Board discussed the request, noting that they can limit the number and
type of vehicles that be detailed on the subject property, in addition to prohibiting on-
street parking.
Motion by Gibbs, seconded by Bird, to approve the conditional use permit with the
conditions:
Zoning Board of Adjustment
June 27, 2013
Page 5
1) Only one vehicle at a time can be detailed on the subject property;
2) Only cars and trucks (no RVs) are allowed at this location; and
3) No on- street parking or storage of client vehicles is permitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs, and Bird; Nay —
None.
DOCKET 26 -13: Application of Patricia Smith for a conditional use permit for property
located at 607 E. 22nd Street to open an indoor restaurant in a C -1 Neighborhood
Commercial zoning district.
Patricia Smith, 1001 Fulton Street, Galena, Illinois, explained her request to the Board.
She said that she has purchased the building at 607 E. 22nd Street. She said that the
building has two storefronts with two one - bedroom apartments located on the second
floor. She said that the two storefronts will be combined into one. She explained that
she and her sister will be living in the upstairs units. She said that she grew up in the
neighborhood and that she would like to open an indoor restaurant at this location.
Frank Miller, 602 E. 22nd Street, spoke in favor of the request. He discussed previous
rezonings for the property and said that the business will have a positive impact on the
neighborhood. He indicated the building has been vacant for many years, and it would
be nice to see the building revitalized.
Staff Member Hemenway explained why a conditional use permit is required for the
property. He indicated that a conditional use permit was granted for a previous indoor
restaurant; however, that use was superseded by other uses and is no longer valid.
Mary Lou Bahl, Executive Director of Sacred Heart Church, said they have no objection
to the request.
Mrs. Smith stated that in addition to making improvements to the indoor restaurant, they
will rehabilitate the exterior of the building.
Staff Member Hemenway presented the staff report. He noted the previous conditional
use permit approved for the property. He explained off - street parking requirements for
the indoor restaurant and how they are calculated by granting credit for previous uses.
Motion by Gibbs, seconded by Cremer, to approve the conditional use permit. Motion
carried by the following vote: Aye — Klauer, Cremer, Gibbs, and Bird; Nay — None.
DOCKET 27 -13: Application of Miner Properties for a conditional use permit for
property located at 1048 & 1060 White Street to permit an auto repair business as a
conditional use in a C -4 Downtown Commercial zoning district.
Zoning Board of Adjustment
June 27, 2013
Page 6
Dave Miner, owner of the property at 1040 White Street, said that he is in the process
of moving to a larger building. He said that he is interested in selling the property to
Dan Steffens, owner of Toys Done Right.
Dan Steffens, 13806 Sherrill Road, discussed improvements he has made to the
building that he currently occupies across the street from the subject property. He said
that he would like to rehabilitate the building so as to fit in with the Historic Millwork
District. He said that he will pave the existing gravel lot. He said that he will run a top
notch repair business and it will not look like a "red neck backyard body shop." He said
that he will blacktop the parking lot and will put up a screening fence. He said that he
assumes that the City has concerns with wrecked vehicles being stored outside. He
said that all vehicles will be placed inside of the building with no outside storage.
Board Member Gibbs noted that Mr. Steffens operates a clean business at his existing
location. He asked if Mr. Steffens' rebuilds vehicles. Mr. Steffens stated that he is not
in the business of rebuilding vehicles. He said he uses new parts to repair vehicles. He
said that the majority of his business is garnered through insurance claims. He said
that the new building will contain the frame repair portion of his business.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He said that in addition to the
conditional use permit request, Mr. Steffen will need to receive approval from the
Zoning Advisory Commission and City Council to rezone the property from Historic
Millwork District PUD to C -4 Downtown Commercial zoning. He explained that the
Board is reviewing the conditional use permit request prior to the rezoning. He
explained the conditional use permit requirements. He noted the parking lot will be
required to be paved and a screening fence will need to be installed.
Board Member Klauer said that he agrees that the lot should be paved. He expressed
concerns with requiring a six -foot high screening fence.
Dan Steffens said that he is not opposed to installing a fence.
Motion by Gibbs, seconded by Bird, to approve the conditional use permit with the
conditions that:
1) The parking lot must be paved; and
2) The parking lot must be screened with a six -foot high screening fence.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs, and Bird; Nay —
None.
Zoning Board of Adjustment
June 27, 2013
Page 7
VARIANCES:
DOCKET 28 -13: Application of Keith Wolff, Dubuque Sign, for a sign variance for
property located at 1095 Cedar Cross Road to permit one 55 square -foot wall- mounted
sign and one 190 square foot wall- mounted sign, 50 square foot maximum permitted, in
a C -3(c) General Commercial zoning district with conditions.
Keith Wolff, 210 Cedar Cross Road, said that he is applying for a sign variance in order
to recognize donors who have helped purchase the property. He indicated the sign will
not be internally illuminated, and will be proportionate with the scale of the building.
Staff Member Hemenway explained the sign variance request. He noted the location
and size of the signs relative to the area of the building walls. He said that the building
is located well back from the front property line. He said the property is zoned C -3 (c)
which he said is basically a C -2 zoning district that allows indoor recreation.
Motion by Gibbs, seconded by Cremer, to approve the variance request as submitted.
Motion carried by the following vote: Aye — Klauer, Cremer, Gibbs, and Bird; Nay —
None.
ITEMS FROM BOARD:
The Board elected Eugene Bird as Chairperson and Randy Klauer as Vice Chair.
ITEMS FROM PUBLIC:
DOCKET 19 -13: Application of Charles and Linda Giese for a special exception for
property located at 400 Villa Street to build a new single - family home 5 feet from the
front property line (Villa Street) 20 foot minimum required, in an R -1 Single - Family
Residential zoning district.
Staff Member Hemenway noted that Mr. Giese's request was tabled at the last meeting.
He indicated that the docket was not published in the paper; however, the Giese's and
their architect would like to address the Board to receive input about the proposed plan.
Marty Johnson, Straka Johnson Architects, distributed elevations and site layout plans
of the proposed home. He indicated that they revised the plans based on comments
that the Board made at the last meeting. He indicated that Charles Giese has met with
both the neighbors that attended the last meeting. He referred to the renderings and
site layout. He indicated that the proposed footprint of the home will only encroach
slightly into the front yard setback.
James O'Brien, 450 Villa Street, said that Charles Giese has met with him. He
indicated that they are in support of the proposed special exception, subject to the
submitted building footprint.
Zoning Board of Adjustment
June 27, 2013
Page 8
Staff Member Hemenway outlined the staff report. He said that the Board reviewed the
request at the last meeting, and that they felt there was not enough information to
adequately review the request, so it was tabled. He noted that the Board cannot vote
on the request at tonight's meeting; however, they may address issues or concerns with
the proposed building footprint to Mr. Johnson.
The Board noted they had no concerns.
ADJOURNMENT: The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted