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Minutes Zoning Bd. Adj 8 24 06 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION . . . .'. . Thursday August 24 2006 D'\ ~i.!~l, tJ$ ~;;>i!""r' ~:'. , , '. i1;). '".' '.""." ~., ~ 'I! I' " ," ~ 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