Minutes Zoning Bd. Adj 8 24 06
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION . . . .'. .
Thursday August 24 2006 D'\ ~i.!~l, tJ$ ~;;>i!""r' ~:'.
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4:00 p,m. . ":;;;i:;,~ A III '\.r,-m
Auditorium, Carnegie Stout Library.. . r'i jrl# f
360 W. 11th Street, Dubuque, Iowa mula
PRESENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Bill Gasper
and Bill Gibbs; Staff Members Guy Hemenway and Wally Wernimont.
ABSENT:
Board Member Jim Urell.
AFFJDA VIT 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 4:05 p,m,
DOCKET 37-06: Application of Jill Seymour (tabled) 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 lin~. 6 feet
required for both setbacks, in an R-2 Two-Family Residential zoning district.
Jill Seymour, 795 Clarke Drive, presented her application to the Board, She proposed
to build a 24' by 24' detached garage,
Staff Member Hemenway presented photos of the site to the Board, Ms. Seymour
noted that there is an existing detached garage that will be demolished, The Board
discussed the request with the applicant.
Adeline McAndrews, 2270 Woodworth Street, spoke in opposition to the three-foot side
yard setback. She said that this would impact sight visibility, light and ventilation to her
property ,
Staff Member Hemenway presented the staff report. He said that the request is to build
a 24-foot by 24-foot detached garage, 13 feet from the front property and three feet
from the side yard. He stated that Ms. Seymour's alternate proposal indicated a 6 foot
north side yard setback, The Board noted the garage would be in line with the property
2270 Woodworth Street.
Motion by Klauer, Seconded by Gasper, to approve the special exception with the
condition that the garage be built 13 feet from the front property line, six feet from the
north side property line, and three feet from the east side property line, with storm water
directed away from adjacent properties, Motion was approved by the following vote:
Aye - Klauer, Gasper Gibbs and Ruden; Nay - None,
Minutes - Zoning Board of Adjustment
August 24,2006
Page 2
DOCKET 42-06: Application of Craig Nesteby for a special exception for property
located at 721 Hill Street build a two-story addition 0 feet from the north side property
line, 4 feet required, and construct a deck 2 feet from the rear property line, 9 feet
required, and cover 42% of the lot with structure, 40% maximum allowed, in an R-3
Moderate Density Multi-Family Residential zoning district.
Craig Nesteby explained his request to the Board. He noted that an existing attached
garage will be demolished and a new two-car garage with addition above will be
constructed in its place. He explained he is proposing to expand the rear deck to
provide livable space.
Staff Member Wernimont outlined the staff report. He referred to a contour map
illustrating the site topography. He stated that he does not perceive a sight visibility
issue at this location. He noted the proposed site is located along a dead-end alley and
that the subject lot is located on a terraced lot surrounded by three retaining walls.
Board Member Gasper asked about a survey. The Board reviewed the request and felt
that a survey was not necessary due to the location of the retaining walls.
Motion by Klauer, seconded by Gibbs, to approve the special exception as presented:
Motion was approved by the following vote: Aye - Klauer, Gasper Gibbs and Ruden;
Nay - None.
The Zoning Board of Adjustment decided to hear Dockets 43-06 and 44-06
simultaneously.
DOCKET 43-06: Application of Joleen Patterson & Dick Firzlaff, City of Dubuque
Housing Department for a special exception for property located at 1525 Washington
Street to build a 5 foot by 21 foot attached front porch 0 feet from the front property line,
10 feet required, 2 feet from the north side property line and 1 foot from the south side
property line, 3 feet required for both side setbacks, in an R-2A Alternate Two-Family
Residential zoning district.
Dick Firzlaff, Housing Inspector with the City of Dubuque, explained the request to the
Board. He noted that the City is working with the Washington Street Neighborhood
Association to revitalize the area. He stated that it is the intent of the City to bring these
properties back to their original appearance. Mr. Firzlaff presented renderings of the
proposed porches to the Board.
Staff Member Hemenway presented photos and an aerial map of the site to the Board.
He explained that the request for 1525 Washington is for setbacks. The Board noted
that on the photos you can see the ghost outlines of the original porch. Staff Member
Hemenway discussed with the board the possibility of requiring a survey. The Board
discussed the recommendation, and felt a survey was not needed.
Minutes - Zoning Board of Adjustment
August 24, 2006
Page 3
Motion by Klauer, seconded by Gasper, to approve the special exception as presented.
Motion was approved by the following vote: Aye - Klauer, Gasper Gibbs and Ruden;
Nay - None.
DOCKET 44-06: Application of Joleen Patterson & Dick Firzlaff, City of Dubuque
Housing Department for a special exception for property located at 1502 Washington
Street to build an 8 foot by 19 foot attached front porch 0 feet from both front property
lines (Washington & 16th Streets), 10 feet required, in an R-2A Alternate Two-Family
Residential zoning district.
Staff Member Hemenway presented the staff report. He distributed photos and an
aerial photograph of the site. He noted that the request is to build 0 feet from both front
property lines. He noted the open design of the porch and the large right-of-way
located at this intersection. He stated that he perceived there would be adequate sight
visibility at the intersection.
Motion by Klauer, seconded by Gibbs, to approve the special exception as presented.
Motion was approved by the following vote: Aye - Klauer, Gasper, Gibbs and Ruden;
Nay - None.
DOCKET 45-06: Application of Richard & Sandy Brenner for a special exception for
property located at 693 Kaufmann Avenue to build a single-family residence 3 feet from
the west side property line, 6 feet required, in an R-1 Single-Family Residential zoning
district.
Richard Brenner, 705 Kaufmann Avenue, discussed the project with the Board. Mr.
Brenner said that the lot lines are at an angle to the house. He stated that one of the
corners of house will be three feet from the west side property line. He stated that he
owns the property that will be encroached upon.
Staff Member Wernimont outlined the staff report. He presented photos and an aerial
photo of the site to the Board. He explained that the property being encroached on is
also owned by the applicant. Mr. Brenner indicated that the existing single-family home
will be demolished and a new house will be constructed.
The Board reviewed the request.
Motion by Gasper, seconded by Klauer, to approve the special exception was
presented. Motion was approved by the following vote: Aye - Klauer, Gasper, Gibbs
and Ruden; Nay - None.
DOCKET 40-06: Application of Mary & Stuart Mabusth (tabled) for a variance for
property located at 1098 Jackson Street to open a music education/entertainment
Minutes - Zoning Board of Adjustment
August 24, 2006
Page 4
facility, with a deficit of 27 off-street parking spaces, in a C-4 Downtown Commercial
zoning district.
Mary and Stuart Mabusth presented their application to the Board. Mary Mabusth
noted that the building will be a music conservatory. She explained that the property
would be used for music venues in addition to an educational facility. She stated that
there would be approximately two to three music events a month, which will take place
at night and on weekends. She explained that the parking variance will only be for the
music event. She said they have enough grandfathered parking credits for the
education facility. She explained that this property has been identified as part of the
warehouse revitalization district.
Staff Member Hemenway distributed photos of the site to the Board. The Board asked
about the previous use of the building. Staff Member Hemenway noted that the
previous use was an office, and that the calculated parking credits are based on one
parking space per 400 square feet of area. He explained this provides a 20 space
parking credit.
Ms. Mabusth noted that the hours of operation for the school will be approximately 4
p.m. to 8 p.m. at night. She said that on the weekends the hours of operation would be
from noon to 3 p.m. She explained that music venues may start at 6 -7 p.m. and end at
approximately 10 p.m. on week nights and weekends.
The Board discussed available on-street parking throughout the neighborhood. The
Board discussed Kalmes Break Time Bar and the number of seats in the restaurant.
Mike Kalmes, owner of Kalmes Break Time Bar, stated he has 78 seats and that he has
been at this location for 10 years.
Attorney Dave Setter, representing Spahn & Rose, stated that available parking in the
neighborhood is scarce. Mr. Setter distributed a map of the site to the Board showing
the location of the Spahn and Rose property and its proximity to the subject property.
He stated that there is an available building located in the area that could be
demolished and used for off-street parking for the venue. Mr. Setter noted that 30 off-
street parking spaces could be provided at this site. Mr. Setter summarized the
preamble for the C-4 Downtown Commercial District and the criteria for granting a
variance. Mr. Setter felt that none of the criteria necessary to grant a variance can be
met.
The Board discussed businesses located throughout the neighborhood.
Jim Doudin, Spahn and Rose, expressed concerns regarding available parking in the
neighborhood.
Minutes - Zoning Board of Adjustment
August 24, 2006
Page 5
The Mabusthes noted that the objections center around the concert and music events,
which will be held in the evenings and on weekends. The applicants noted they are in
discussion with Tim McNamara about available parking throughout the warehouse
district.
Staff Member Hemenway presented the staff report. He noted that, if approved,
conditions could be placed upon the approval of the variance. He explained that the
City's intent is to encourage adaptive re-use of existing buildings.
The Board discussed the 25% parking credit associated with the C-4 Downtown District.
Staff Member Hemenway discussed the reasoning for the 25% credit. He explained
that at the previous meeting, the Board wanted to place conditions on the variance. He
noted that he has talked to Legal staff, and they stated a condition could be placed that
would revert parking credit to the original office use. He also explained that the Board
could place conditions on hours, number of seats, etc. The Board discussed the five
criteria for granting a variance.
Board Member Klauer noted that Kalmes Break Time Bar would suffer more than
Spahn and Rose due to the hours of operation for the music venues. He felt that
Kalmes would benefit from the amount of traffic in the neighborhood. Board Member
Klauer noted that Spahn and Rose is the largest business in opposition to the music
events. He stated that Spahn and Rose has expanded since 1978 and has never
provided additional off-street parking on their site. He explained that Spahn and Rose
demolished a building for additional storage and did not provide off-street parking.
Mike Kalmes explained that he received a parking variance in 1996 for his operation.
Mr. Setter asked if the application could be tabled so the neighbors and applicants can
work out an agreement. The Mabusths agreed to table their request and discuss
conditions with Spahn and Rose.
Motion by Gasper, seconded by Klauer, to table the application to the October meeting.
Motion was approved by the following vote: Aye - Klauer, Gasper Gibbs and Ruden;
Nay - None.
DOCKET 46-06: Application of Karen Dorshkind/Gerald & Rita Staheli for a conditional
use permit for property located at 565 Fenelon Place to allow a 3-bedroom bed and
breakfast establishment in an R-3 Moderate Density Multi-Family Residential zoning
district.
Karen Dorshkind, 536 Fenelon Place, said she represented Gerald and Rita Staheli.
She explained that she is a neighbor and is in favor of the proposed bed and breakfast.
She stated that she felt there would be no adverse impact on the surrounding
properties.
Minutes - Zoning Board of Adjustment
August 24, 2006
Page 6
Staff Member Wernimont distributed a packet of information, including two letters of
opposition, for the Board to review. The Board reviewed an aerial photograph of the
site. The Board asked about off-street parking and the number of bedrooms.
Holly Fitzsimmon, 515 Fenelon Place, spoke in favor of the request, stating that she is a
neighbor and that parking in the area is not a problem.
Staff Member Wernimont outlined the request, noting the two letters of opposition. He
explained that the letters in opposition expressed concerns with off-street parking. He
stated that the bed and breakfast regulations allow on-street parking to satisfy parking
requirements. He stated that the bed and breakfast has to be located in a historic
district, on the National Register of Historic Places or regulated by the historic
preservation ordinance. He stated that the applicants are currently seeking to have the
property receive historic designation. He stated the Historic Preservation Commission
has already approved their portion of the historic designation; however, the applicants
still need to hear from the City Council and the State Historical Society.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit, contingent
upon the property receiving historic designation status. Motion was approved by the
following vote: Aye - Klauer, Gasper Gibbs and Ruden; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the July 27,2006,2006 meeting
and Notices of Decision for Dockets 27-06,28-06,33-06,34-06,35-06,36-06,38-06,39-
06, and 41-06 were approved as submitted.
ADJOURNMENT: The meeting adjourned at 6:30 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner
Adopted