Minutes Zoning Bd of Adj 6 27 06
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, July 27, 2006
400 p.m.
Auditorium, Carnegie Stout Library
360 W 11th Street, Dubuque, Iowa
D, FT
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer,Jim Urell, and
Bill Gasper. Staff Members Guy Hemenway and Wally Wernimont.
ABSENT:
Board Member Bill Gibbs.
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 at 4:00 p.m.
DOCKET 27-06 (tabled) Application of Martin McNamer/NCR Developers, LLC for a
Special Exception for property located northwest of Manson Road (Lot 1 Timber-Hyrst
Estates) 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.
Martin McNamer was not in attendence. Chairperson Ruden stated that Mr. McNamer had
contacted him to let him know he would not make the meeting. He said that Mr. McNamer
provided some information about his request.
The Board decided to hear Dockets 27-06 and 28-06 simultaneously.
The Board reviewed the proposed location of each house, the topography, and the
desirable building areas Chairperson Ruden stated that Mr McNamer requested the 170
foot setback because of the desirable building site and the adjacent property owner
requested it so it does not block their view of the valley.
Staff Member Wernimont presented the staff report. He recommended that, if approved,
the Zoning Board of Adjustment make it contingent on the Fire Department's approval of
the access lane and the entrance to the lane be marked with the address of the property it
serves.
Motion by Urell, second by Gasper to approve the Special Exception with the following
conditions: 1) Fire Department's approval of the access lane, and 2) the entrance to the
lane be marked with the address of the property it serves. Motion was approved by the
following vote Aye - Klauer, Urell, Gasper, and Ruden; Nay - none.
DOCKET 28-06 (tabled): Application of Martin McNamer/NCR Developers, LLC for a
Special Exception for property located northwest of Manson Road (Lot 28 Timber-Hyrst
Minutes - Zoning Board of Adjustment
July 27, 2006
Page 2
Estates) 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.
Motion by Urell, second by Gasper, to approve this Special Exception with the following
conditions: 1) Fire Department's approval of the access lane, and 2) the entrance to the
lane be marked with the address of the property is serves, Motion was approved by the
following vote: Aye - Klauer, Urell, Gasper, and Ruden; Nay - none,
DOCKET 33-06: Application of Tracy Roling for a Special Exception for property located at
1516 Garfield Avenue to build a 6 foot by 10 foot deck 3 feet from the front property line,
10 feet required, in an R-2A Alternate Two-Family Residential zoning district.
Tracy Roling, 1516 Garfield Avenue, presented her application to the Board, She stated
that she wants to have a 6 foot by 10 foot open front porch, Rick Lang, 1470 Adair Street
spoke in favor of the request. He stated he is the contractor that would build the porch,
Staff Member Wernimont outlined the staff report, He distributed photos of the site to the
Board, He stated that the proposed front porch would not block the views to the sidewalk or
street from adjacent properties,
Motion by Urell, second by Gasper, to approve the Special Exception as submitted, Motion
was approved by the following vote: Aye - Klauer, Urell, Gasper, and Ruden; Nay - none,
DOCKET 34-06: Application of Patrick & Louise Urbain for a Special Exception for
property located at 1628 Washington Street to build an open porch 1 foot from the front
property line, 10 feet required; and 1 foot from the south side property line, 3 feet required,
in an R-2A Alternate Two-Family Residential zoning district.
Patrick Urbain, 1628 Washington Street explained his request to the Board, He stated that
he would like to add a porch roof to cover the deck along the front of his house, Mr, Urbain
distributed a photo of the existing porch and a rendering of the proposed porch, Staff
Member Wernimont distributed photographs of the site to the Board, He stated the porch
will replace an exisiting canvas and aluminum awnings, He stated that the porch design is
similar in style to other porches inthe neighborhood,
Motion by Gasper, second by Klauer to approve the Special Exception as submitted
Motion was approved by the following vote: Aye - Klauer, Urell, Gasper, and Ruden; Nay-
none,
DOCKET 35-06 Application of Joseph & Jean Hartel for a Special Exception for property
located at 710 Fenelon Place to allow a five-plex on a 5,249 square footlot, 16,000 square
feet required for a five-plex, in an R-3 Moderate Density Multi-Family Residential zoning
district
Chairperson Ruden stated that they will hear Docket 35-06 and 38-06 simultaneous
Minutes - Zoning Board of Adjustment
July 27, 2006
Page 3
and vote on each seperately,
Jean Hartel stated that she owns a 5-plex at 710 Fenelon Place, She said that she has
one tenant in each unit and that she is proposing to sell the adjacent lot to the next door
neighbor She said that the neighbor wants to improve and landscape the adjacent lot
She stated that her current tenants do not use the existing lot for off-street parking, and
therefore, selling the lot to the adjacent property owner will not effect the demand for
on-street parking in the neighborhood.
The Board reviewed a GIS map of the site.
Nick Lucy, 788 Fenelon Place, said that he has submitted a letter that was included in
the Board's packet. Mr Lucy stated that the neighborhood needs more not less off-
street parking. He stated that the current tenants are not utilizing the existing off-street
parking and are parking on the street. He said Fenelon Place is narrow and inhibits
access for emergency vehicles. He stated the property owners at 732 Fenelon Place
already have a large lot that could accomodate additional off-street parking He urged
the Zoning Board of Adjustment to deny the request.
Tom Jackson, property owner of 675 and 677 West 3rd Street, asked how much
propety Hartel's would be selling to the adjacent neighbor, Staff Member Wernimont
said that approximately half of a 10,000 square foot lot would be sold to the adjacent
property owner. Staff Member Wernimont said that property is currently grandfathered
and, if sold, would eliminate the off-street parking for the lot
Mr. Jackson stated he is not concerned with the reduction of the lot size but with lack of
available off-street parking in the neighborhood. He said he has not experienced
parking problems on West 3rd Street.
Nick Lucy, 783 Fenelon Place, said he had concerns with on-street parking on Summit
Street. He said he is concerned that an additional building could be built on the lot sold
to the adjacent property owner. .
Mr. Jackson said if any off-street parking is lost in the process he is opposed to the
request
Staff Member Wernimont stated that there was a letter submitted to the Board from
Herb and Maxine Honey in opposition to the requests
John Martin, 732 Fenelon Place, said that he is proposing to purchase the lot He
stated that his intent is to fix up his single-family home and purchase the carriage house
located on the Hartel's property. He stated that he wants to provide additional off-street
parking for his three vehicles.
Minutes .~ Zoning Board of Adjustment
July 27. 2006
Page 4
Joanne Georgulis, 732 Fenelon Place, said she has not seen a parking problem in the
neighborhood, She stated that there seems to be an abundance of on-street parking,
Nick Lucy asked why the Martin's do not just lease the property from Jean Hartel
instead of purchasing it Mrs. Hartel said that she has tried to maintain low rent and
does not have the funds to renovate the existing building,
Staff Member Wernimont discussed the staff report and outlined the Special Exception
request and Parking Variance, He distributed photos of the neighborhood that he said
were taken at 3:00 pm in the afternoon, He discussed the survey provided by Buesing
and Associates for subdividing and lot consolidation of the proposed property, He
stated that parking cannot be leased to the adjacent property because the current area
satisfies the off-street parking requirement for the 5-plex. He stated that there is enough
room on the subject lot after the sale of the property to provide some additional off-
street parking, He discussed the historical development pattern of the neighborhood,
including the lack of adequate parking and grandfather status, He recommended the
Board review the criteria for granting a variance,
The Board discussed the request stating that they feel it meets the criteria for granting a
variance and Special Exception,
Motion by Urell, second by Gasper to approve the Special Exception as presented,
Motion was approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay -
Gasper
DOCKET 38-06: Application of Joseph & Jean Hartel for a variance for property
located at710 Fenelon Place to allow a five-plex, with a deficit of eight off-street
parking spaces, (8 off-street parking spaces required) in an R-3 Moderate Density Multi-
Family Residential zoning district.
Motion by Urell, second by Ruden to approve the variance as presented, Motion was
approved by the following vote: Aye - Klauer, Urell, and Ruden; Nay - Gasper.
DOCKET 36-06: Application of Nancy Nigri for a Special Exception for property located at
1765 Randall Place to build a 14 foot by 22 foot detached garage, 2 feet from the north
side property line, 6 feet required, in an R-1 Single-Family Residential zoning district
Nancy Nigri, 1795 Randall Place, explained her request to the Board. She stated that
she would like to rebuild an existing one car detached garage and increase the size to
14 foot by 22 foot
Staff Member Wernimont distributed photos of the site to the Board, The Board
discussed the photos in relationship to adjacent properties, Staff Member Wernimont
Minutes - Zoning Board of Adjustment
July 27, 2006
Page 5
reiterated the request and said that the project would require demolition of the eXisting
garage.
Motion by Urell, second by Klauer to approve the Special Exception as submitted.
Motion was approved by the following vote Aye - Klauer, Urell, Gasper, and Ruden:
Nay - none.
DOCKET 37 -06 Application of Jill Seymour for a Special Exception for property located at
795 Clarke Drive to build a 24 foot by 24 foot detached garage, 13 feet from the front
property line (Woodworth Street), 20 feet minimum required: and 3 feet from the north side
property line and 3 feet from the east side property line, 6 feet required for both setbacks,
in an R-2 Two-Family Residential zoning district
The applicant was not in attendance. The Board discussed tabling the request. Motion by
Klauer, second by Gasper, to table the application until the next meeting. Motion was
approved by the following vote: Aye - Klauer, Urell, Gasper, and Ruden: Nay - none.
Chairperson Ruden directed staff to renotify the adjacent property owners.
DOCKET 39-06: Application of Steve Buchheit/Stark Enterprises for a variance for
property located at 1890 Kennedy Road to erect a 60 square foot sign, 40 square feet
maximum permitted, in an OS Office Service zoning district
Steve Bucheit, 1890 Kennedy Road, reviewed his request with the Board. He stated the
reason for the increased height of the sign is to allow more tenants to be advertised on the
board and to provide better visiblity along Kennedy Road. He stated that it is difficult to see
the property from Kennedy Road.
Staff Member Hemenway presented the staff report. He noted the adjacent properties are
zoned C-3 General Commercial. He stated that it is difficult to advertise the building along
Kennedy Road because of its current location. He noted the height of signs on the
adjacent properties. He stated the increased height would be in keeping with signage on
the surrounding properties,
The Board discussed the sign variance request and noted that it meets the criteria for
granting a variance.
Motion by Urell, second by Klauer, to approve the variance. Motion was approved by the
following vote: Aye - Klauer, Urell, Gasper, and Ruden: Nay - none.
DOCKET 40-06: Application of Mary & Stuart Mabusth for a variance for property located
at 1098 Jackson Street to open a music education/entertainment facility, with a deficit of 27
off-street parking spaces, in a C-4 Downtown Commercial zoning district
Minutes - Zoning Board of Adjustment
July 27. 2006
Page 6
Mary Mabusth discussed the variance request with the Board. She noted that she is a
member of the Warehouse Revitilization District Committee She reviewed the history of
the building and it's change in uses over the years. She stated she intends to use the
building for a music school that would occasionally provide live performances at night She
stated that this facility is ideal because of the large available floor area. She noted that she
has discussed the request with the adjacent businesses She stated that Kalmes's had
concerns with the parking demand in the morning and in the evening when they are serving
food and that the Spahn and Rose is busy during the day prior to 5:00. She noted that the
primary demand for parking for the school would be after 300 pm. She stated that at times
during the summer there will be workshops during the morning hours. She stated that
recitals will primarily will be during the evening hours. She stated that the entertainment
acts that will be brought into town may have a demand up to 250 people per venue and
that those will be primarily held in the evening. She stated that she has proposed that there
be 4 recitals per month and 2 to 3 large concerts a month.
Jim Doudna, representative of Spahn and Rose, spoke in opposition of the request He
stated that he has concerns about traffic during the day. He indicated that he does not
want to have conflicts with the truck traffic for Spahn and Rose. He stated that he had no
problem with the operation at night after they close. He explained that Spahn and Rose
has 20 to 25 semis a day providing deliveries.
The Board asked staff if variances go along with the property or the property owner. The
Board discussed parking requirements and credits for the property. Staff Member
Hemenway explained the parking requirements and parking credits for properties. He
stated variances go with the property and not the property owner.
Mrs. Mabusth rebutted. She noted that the deficit in parking comes from the concerts at
night and not the day-to-day activities at the school. She indicated that the primary drop-off
location for the school would be down the alley behind the property. She reinterated that
venues would be at night and on the weekends.
Staff Member Hemenway noted that the parking demand is based on the most intense time
which would be the night venues. Mrs. Mabusth noted that the success of the school is not
only for the recitals and the students but also to provide artists to come to the community
the opportunity to expose the students and the public to various types of music.
Staffmember Kyle Kritz discussed parking variances and conditions of approval. The Board
discussed tabling the application and discussing placement of conditions on a parking
variance with Legal staff.
Motion by Klauer, second by Urell to table the application and to direct staff to discuss with
Legal Staff the ability to place conditions on parking variances. Motion was approved by
the following vote Aye - Klauer, Urell, Gasper, and Ruden; Nay - none.
Minutes - Zoning Board of Adjustment
July 27, 2006
Page 7
DOCKET 41-06 Application of Straka Johnson Architects/Dubuque Community School
District for a variance for property located at 1151 White Street to provide 31 off-street
parking spaces on-site and 20 spaces within 400 feet, 300 feet maximum allowed, 64
spaces required, with a deficit of 13 off-street parking spaces, in a C-4 Downtown
Commercial zoning district.
Ken Johnson, Straka Johnson Architects, noted that he is the architect of the Prescott
School project at 1151 White Street. He discussed the proposed parking configurations
that would be provided on site at the Prescott School. He noted that the parking
requirement by ordinance for the facility is 64 off-street parking spaces, He explained the
school district is negotiating with the neighboring property owners about purchasing
property for off-street parking, He stated the school district is leasing 20 parking spaces
from the City in a lot that is adjacent to Fire Headquarters at 9th an Central Avenue, He
noted that the leased parking is 400 feet away instead of the required 300 feet. Mr.
Johnson said that the school district has a commitment to provide 80 off-street parking
spaces for the school.
The Board discussed the increased capacity of the school. Staff Member Hemenway
reviewed the staff report. He stated that the new school has 31 spaces on site, He said the
school district will lease 20 spaces on the City lot adjacent to the Fire Headquarters which
would leave a deficit of 13 off-street parking spaces. Staff Member Hemenway noted that
an additional parking lot has been acquired, however, because the parking lot will not be
improved before the school opens, the Board cannot consider those parking spaces. He
noted that there is available on-street parking spaces throughout the neighborhood
because of the demolition of commercial and apartment buildings for the school site.
Ron Holm, Director of Finance for the Dubuque Community School District, noted that they
have acquired a parking lot on the west side of Central Avenue to provide the additional
parking spaces.
Board Members discussed the request and felt it met the criteria for granting a variance.
Motion by Gasper, second by Urell to approve the parking variance as submitted. Motion
was approved by following vote: Aye - Klauer, Urell, Gasper, and Ruden: Nay - none.
MINUTES & NOTICES OF DECISION: The minutes of the June 22, 2006 meeting and
Notices of Decision for Dockets 27-06, 28-06, 33-06, 34-06, 35-06, 36-06, 37-06, 38-06,
39-06, 40-06 and 41-06 were approved as submitted
ADJOURNMENT: The meeting adjourned at 603 p.m.
Wally Wernimont, Assistant Planner
Adopted