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Minutes Zoning Bd of Adjust 9 28 06 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, September 28, 2006 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DRAFT PRESENT: Board Members Bill Gasper, Jim Urell and Randy Klauer; Staff Members Guy Hemenway, Kyle Kritz and Wally Wernimont. ABSENT: Chairperson Mike Ruden and 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 4:07 p.m. Board Member Urell explained that there are only three board members present. He indicated that an applicant would need to receive approval from all three Board members in order for their dockets to pass. He indicated that, at this time, any applicant can come before the Board and ask to table their request to the next meeting, where it could be heard by the full Board. DOCKET 47-06: Application of Robert & Elizabeth Hnilo for a special exception for property located at 1920 Alta Vista Street to build an attached garage 14 feet from the front property line (Alta Vista Street) and 3 feet from the south side property line, 20 feet and 6 feet required respectively, in an R-1 Single-Family Residential zoning district. Robert Hnilo explained his request to the Board. He said that he wants to build an 11- foot by 20-foot attached garage. He said that the garage will be built in front of a sunroom. He said it is his only option to build a garage because his back yard is landlocked. He said there is not adequate space between his house and property lines to provide a driveway. He said the garage will have a low profile roof. Judy Curtis, 1920 Alta Vista, stated that she has concerns with the aesthetic value of the neighborhood. She said that the attached garage will protrude in front of the house and will act like a wall and be inconsistent with other residences in the neighborhood. She said the attached garage will block visibility from the neighbor's drive, cause potential drainage problems and decrease the value of the adjacent properties. Elizabeth Hnilo spoke in favor, stating that her vehicles have been vandalized. She said there is nowhere to park during college activities. Staff Member Wernimont said that Laura Hoffman, adjacent property owner to the north which would be most affected by the attached garage, currently is out of the country. He referred to an email that was sent to him that stated she is opposed to the garage. Minutes - Zoning Board of Adjustment September 28,2006 Page 2 The Board reviewed the submitted email. Robert Hnilo questioned some of the aspects of the email from Mrs. Hoffman. He stated that the alley behind the property is not likely to be improved. He stated that he does not have any other alternatives to provide a garage on this site. Staff Member Wernimont outlined the staff report. He reiterated the request for the setbacks for the garage. He distributed photos of the site. The Board discussed the special exception request. Board Member Klauer read the criteria for granting a special exception. The Board felt that the request does not meet the criteria for granting a special exception. Motion by Klauer, seconded by Gasper, to approve the special exception as submitted. Motion was denied by the following vote: Aye - None: Nay - Gasper, Klauer and Urell. DOCKET 48-06: Application of Dee Ann Ballard for a special exception for property located at 1342 Forest Lane to build a 22 foot by 24 foot detached garage 21 feet in height, 15 feet maximum permitted, in an R-2 Two-Family Residential zoning district. Dee Ann Ballard reviewed her request with the Board. Staff Member Hemenway presented an aerial photograph and other photos of the site to the Board. Mrs. Ballard presented photos of the site the Board. She described the size and style of the detached garage and its location. No one spoke in opposition to the special exception. Staff Member Hemenway presented the staff report. He reiterated the special' exception request. He explained how the height of accessory structures are calculated. He referred to the topography of the site. He explained that the proposed detached garage will meet all the setback requirements. Motion by Klauer, seconded by Gasper, to approve the special exception as submitted. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 49-06: Application of Robert & Rose Carr for a special exception for property located at 2030 Deborah Drive to build a 21 foot by 30 foot detached garage 3 feet from the north side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Bob Carr, 2030 Deborah Drive, discussed his project with the Board. He explained that there is an existing 17-foot by 21-foot detached garage located at the site where the new Minutes - Zoning Board of Adjustment September 28, 2006 Page 3 garage will be constructed. Mr. Carr said he spoke with the adjacent property owners and none of them are opposed to the request. No one spoke in opposition to the proposed special exception. Staff Member Wernimont presented the staff report. He distributed photographs and an aerial view of the site to the Board. He reiterated the special exception request. He noted that, if approved, storrn water should be required to be directed away from the adjacent property. Motion by Klauer, seconded by Gasper, to approve the special exception, with the condition that storm water runoff be directed away from the adjacent property. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 50-06: Application of Benjamin Shaw/Robert Shaw for a special exception for property located at 360 Edith Street to build an attached front porch 7 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Ben Shaw explained the special exception request to the Board. He said that the front porch will extend five feet out in front of the house. Staff Member Wernimont presented an aerial view and photos of the site to the Board. Mr. Shaw said that the porch will have an open design. No one spoke in opposition to the request. Staff Member Wernimont outlined the special exception request. He distributed photos and an aerial view of the property and indicated that Edith Street is a dead-end. He explained that the front porch is simply a deck with a hand railing. Motion by Gasper, seconded by Klauer, to approve the special exception as submitted. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 51-06: Application of John W. McEnery for a special exception for property located at 1715 W 3rd Street to construct a 12 foot 10 inch by 60 foot attached garage/addition, 12 feet from the front property line, 20 feet minimum required; 3 feet from the east side property line, 6 feet minimum required; and 3 feet from the rear property line, 15 feet minimum required, in an R-1 Single-Family Residential zoning district. John McEnery requested that his application be tabled until it can be heard by a full Board. Minutes - Zoning Board of Adjustment September 28, 2006 Page 4 Motion by Klauer, seconded by Gasper, to table the special exception request. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. Staff Member Wernimont asked the Board if they would want the adjacent property owners to be re-notified for Docket 51-06. The Board indicated that staff should renotify the adjacent property owners. DOCKET 52-06: Application of John FitzlJeff & Tammy Benson for a special exception for property located at 3232 Sheridan Road construct a single-family home 260 feet from the front property line, (Sheridan Road), 50 feet maximum allowed, in an R-1 Single-Family Residential zoning district. Staff presented an aerial photograph, a contour map, and photos of the site to the Board. Tammy Benson, 2902 Pinard Street, outlined her request for the Board. She said she wants to build a house on her father's property. She stated that they are requesting the 260-foot front yard setback because she has failed to receive an easement across the adjacent property to the buildable site. Dan Kruser, 3485 Windsor, representing Stonehill Community, stated that they are not opposed to the special exception request. He said that storm water runoff has ran from Stonehill through the FitzlBenson's site since 1977 and that he wants to make the applicants aware of this prior to construction of the home. Staff Member Wernimont said that Mr. Kruser wanted to note that storm water should be managed to prevent property damage on the Benson's site. Staff Member Kritz discussed storm water issues. Staff Member Wernimont reiterated the special exception request. He said that, if approved, it should be contingent upon submittal of a plat. He said that he Fire Department has re",iewed the request and has provided input in regard to the driveway access to the site. Staff Member Wernimont recommended that, if approved, it be contingent upon approval of the final plat, Fire Department approval of the access lane and that the lane be addressed at the street entrance. Motion by Klauer, seconded by Gasper, to approve the special exception with the condition that the Fire Department approve the access lane, the access lane be addressed at the street, and approval of the final plat. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. CONDITIONAL USES & VARIANCES Minutes - Zoning Board of Adjustment September 28, 2006 Page 5 DOCKET 53-06: Application of Mike Williams, United States Postal Service/Jerry Purdy, Design Alliance, Inc. for a variance for property located at 4555 Futuro Court place a concrete driveway/parking area 0 feet from the east and north property lines, 15 feet required, in the Dubuque Industrial Center PUD Planned Unit Development District. Jerry Purdy, 14225 University, Waukee, Iowa, represented the United States Post Office and asked for approval to place a driveway to 0 lot line to gain access to the proposed parking lot at the rear of the property. Mr. Purdy discussed the project design and the site layout. No one spoke it opposition to the variance request. Staff Member Kritz clarified a variance request for an amended district regulation. He discussed the project stating that the drive would be between Uelner Tool & Die and the Post Office building which would provide access to the rear of the lot. He noted that there are also requesting approval to construct a parking lot 0 feet from the property line where 15 feet is required. He said that notices were sent to adjacent property owners. Board Member Gasper said the Board should table the request to the next meeting. He said that the driveway could be placed on the opposite side of the building and meet the setback requirements. Board Member Klauer said there is a steep slope located on the other side of the building. He said that a retaining wall would need to be constructed to hold up the driveway on the other side of the building. Staff Member Kritz stated that a retaining wall would be required to hold up the roadway. Motion by Gasper, seconded by Klauer, to table the request. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 54-06: Application of American Trust & Savings Bank/Marla Theisen, TCO Business, Inc. for a variance for property located at 3395 Jackson Street to subdivide a commercial lot creating one 1,800 square foot residential lot and one 2,600 square foot commercial lot, 2,500 square foot and 5,000 square foot minimum required respectively, in an LI Light Industrial zoning district. Molly Krause, Secretary for TCO Business, Inc., explained the request to the Board. She said they want to subdivide property providing a separate lot for a house and a commercial structure. No one spoke in opposition to the request. Minutes - Zoning Board of Adjustment September 28, 2006 Page 6 Staff Member Hemenway presented photos and an aerial view of the site. He reiterated the applicant's request, noting the zoning, lot layout, and existing uses and structures. He noted that they are requesting to separate a residential use from a commercial use on the property. He explained that the neighborhood would not be affected by the change. Motion by Gasper, seconded by Klauer, to approve the variance as submitted. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 55-06: Application of Michelle Mihalakis for a variance for property located at 2080 Elm Street to construct a 19-room SRO 5 feet from the front property lines (Lincoln Avenue and Elm Street) 20 feet minimum required, in an OR Office Residential zoning district. Michelle Mihalakis asked the Board to review a packet of information. Staff Member Wernimont distributed a site plan and additional material that was not included in the Board's packet. Ms. Mihalakis discussed the Manasseh House operation. She stated that the structure will have a 3,000 square foot footprint and that the former church had a 3,800 square foot footprint. She said the former church building and proposed SRO will have similar setbacks. She stated that in order to meet a 12-foot front yard setback, she would be required to excavate onto the neighbor's property and affect his utilities. She said there is an existing easement that will be maintained and that the building will be located outside of the visibility triangle. Attorney Joe Bitter, representing Milton Boyes, distributed photos of the site. He stated Mr. Boyes owns property at 2060 Elm Street. He said he has not seen the designs for the building. Staff Member Wernimont distributed a rendering of the proposed building to Mr. Bitter and Mr. Boyes. Mr. Bitter said that the proposed building would be close to the street and will be detrimental. He asked the Board to table the request so Mr. Boyes can meet with the applicant to discuss outstanding issues. He explained that Mr. Boyes has a sewer easement across the property. The Board discussed the location of the utility easements on the site. Milton Boyes, 2060 Elm Street, stated that the building is too much for the lot. He stated that the sewer will be covered with six inches of concrete. Jay Winger, Winger Construction, and neighbor to the proposed site, spoke in favor of the request. He stated that the former church was located close to the property lines. He stated that it will be a beautiful building and will compliment the neighborhood. Matt Lundh, 2678 Marywood, architect for the project, said the structure will line up with adjacent structures in the neighborhood. He said that there has been some discussions about installation of a four-way stop at the intersection. He stated that the sewer goes through the easement and will not be located under the building. Minutes - Zoning Board of Adjustment September 28, 2006 Page 7 Ms. Mihalakis said the current utility easement is binding. She stated that she is moving the building further from the side property line which will benefit the neighbor. Staff Member Wernimont discussed the previously approved variance request. He discussed photos that were submitted to the Board for their review. He said that the photos show the current access to the site, location of the intersection, and building setbacks throughout the neighborhood. He also referred to an aerial map that showed the former footprint of the church and the proposed footprint of the new building. He noted that letters were submitted after the Board's packet was mailed. He noted that letters were received from the following: a letter of opposition from Milton Boyes, and letters of support from Kathy Smith at 193 Kaufmann, John Gronen, Hillcrest Family Services, Maria House, and a letter that was provided from Michelle Mihalakis's attorney. He discussed the Bee Branch project location and its impact on traffic in the neighborhood. He stated the request is to build a building closer to Elm Street and Lincoln Avenue and that the request will move the building further away from the easement and adjacent property. The Board reviewed the criteria for granting a variance. The Board discussed the request, noting that Mihalakis has already been approved to build the SRO 12 feet from the front property lines on each side and that approval of this request will push the building further away from the easement and the adjacent property owner's property. Motion by Klauer, seconded by Gasper, to approve the variance as submitted. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 57-06: Application of Rick Droeske, Lange Sign Group/Donald Sisler, Holy Family Schools for a variance for property located at 2005 Kane Street to install a 131.25 square foot wall-mounted sign, 32 square feet maximum permitted; and a 15 foot high 38 square foot monument style free standing sign, 10 feet in height and 32 square feet maximum permitted, in an R-1 Single-Family Residential zoning district. Dan Lange, Lange Sign Group, requested that the Board table the application. Motion by Gasper, seconded by Klauer, to table the variance request. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. DOCKET 56-06: Application of Tom & Paula Kann for a conditional use permit for property located at 640 Florence Street to open a day care center with 20 children and 3 employees in an R-1 Single-Family Residential zoning district. Staff Member Hemenway presented photos and an aerial view of the site to the Board. Tom Kann explained his request to the Board. He noted that they are currently operating a registered in-home daycare. Paula Kann referred to a letter from Sherri Minutes - Zoning Board of Adjustment September 28, 2006 Page 8 Kennedy, the home consultant for Childcare Resource and Referral. The letter addressed the current in-home daycare and approval of a daycare center. She noted the requirements for operating a daycare center. She explained the difference between an in-home daycare and a daycare center. She read a letter from a father (Keith Jelensky) in support of the daycare center at 640 Florence Street. Mr. Kann discussed the roads leading to his home at 640 Florence Street. He referred to the history of parking and traffic in the neighborhood. He stated that there are going to be repairs made to Villa Street which was indicated to him by John Klosterman of the City's Operation and Maintenance Department. Mr. Kann said that he contacted traffic engineer Bill Schlickman about installation of signs in the neighborhood. Mr. Kann explained that he has contacted the Fire Department about emergency access to the site. He explained that there are Kan-do trucks and trailers located on the site for construction purposes. He explained that employee parking spaces will be provided at the back of the property. Mr. Kann noted that there are several neighbors in favor of the daycare center. He presented photos of the site to the Board. Mr. Kann discussed improvements to the street and the drop-off lane for the daycare center. Mr. Kann discussed visibility of the street intersections and provided photos. Rita Vogt, 675 Florence Street, spoke in favor of the request, noting the history of traffic and parking in the neighborhood. She said that people will adapt to the traffic circulation. Pat O'Brien, 450 Villa Street, asked to continue the in-home daycare at its present level to see how it impacts the neighborhood through the winter before expanding to a daycare center to 20 children. Paul Sigwarth, O'Connor & Thomas Associates, stated he represented people in opposition. Board Member Urell asked people in the audience to state their address if they are opposed to the request. People and tenants who stated they are in opposition to the request were from 400 Villa Street, 395 Villa Street, 450 Villa Street, 560 Villa Street, 333 Villa Street, and 391 Mountain Lane. Mr. Sigwarth said there were additional people that he represents that were not in attendance. He referred to a map of the neighborhood that had photographs of the residences and intersections. He discussed traffic circulation throughout the neighborhood. He noted that the view at the intersection of Mountain Lane and Florence Street is restricted. He said that Florence Street is a dead-end street. He explained that there will be an increase in effluent to the sanitary sewer with additional children in the neighborhood. He discussed the childcare center regulations. Lisa Kruser spoke in favor of the request. She stated that the Kann's are capable of providing a quality daycare center. Minutes - Zoning Board of Adjustment September 28, 2006 Page 9 Tom Giese, 395 Villa, spoke in opposition to the request. He said he came before the Zoning Board of Adjustment last year and was denied for a setback. He said that he did not want to be located next to the Kan-Do commercial business. He said that the daycare center would affect his property value. Jim O'Brien, 450 Villa, stated concerns with possible vehicular accidents in the neighborhood because of the daycare center. Catherine Whitlow, 400 Villa, spoke in opposition to the daycare center. She said she had no problem with 6-8 kids, but does not want the increase in children in the neighborhood because of traffic concerns. Dick Hartig, 560 Villa, spoke in opposition to the request. He stated he has lived in the neighborhood for 30 years. He explained he had concerns with drainage and sewage. He discussed visibility along the streets and access to the proposed daycare site. He explained off-street parking would be accessed from Villa Street. He referred to a letter he submitted at the meeting to the Board. He explained that there is no screening provided at the site. John Netti, attorney for the Kann's, rebutted and spoke in favor of the request. He noted that a daycare is not a commercial business. He explained that there is traffic in the neighborhood. He said people visit the area to use Cleveland Park and views of the Mississippi. He explained that Kann-Do vehicles are located at the site because Mr. Kann is a contractor and he is building his house. He said that no proof has been submitted showing that there is runoff or sewer issues in the neighborhood. He explained that parents dropping off children will be adapted to the vehicle circulation throughout the neighborhood. He explained there has been no proof submitted that shows there is a bottle-neck along the street. He explained that people will not be dropping their kids off at the same time, but sporadically throughout the morning and afternoon. He explained the property values have been increased in the neighborhood because of the construction of the new house. He explained that all recreation activity will take place inside the fenced area. Mr. Kann said that the sign that was removed from the street will be installed when the new road has been repaired and paved. Staff Member Hemenway presented the staff report, noting that Michael Keegan has submitted a letter of opposition. He explained that the Board has received copies of letters in favor and against the request. He noted that Mr. Kann received a special elCception to construct a home 10 feet from the front property line at a previous meeting. He discussed the location of employee parking. He explained that he had a conversation with John Klosterman about making improvements to Villa Street. He said that he contacted City Engineer Gus Psihoyos about the sewer. He said that Mr. Psihoyos indicated that the existing sewer can handle the additional sewage from the daycare center. He said that he spoke with Traffic Engineer Bill Schlickman about the signage. He said that Mr. Schlickman said that traffic counts are so low that additional street signage is not required at this time. He explained the difference between a Minutes - Zoning Board of Adjustment September 28,2006 Page 10 daycare home and a daycare center. He explained that daycare homes are permitted in residential districts, and that daycare centers, schools, churches are part of the residential fabric of a neighborhood. He explained the reason for a conditional use permit. He asked that the Board review the criteria for granting a conditional use permit. The Board reviewed the criteria for granting a conditional use permit. Board Member Gasper felt that the conditional use permit could not meet criteria #2, #6, and #8. Motion by Gasper, seconded by Klauer, to approve the conditional use permit. Motion was denied by the following vote: Aye - None; Nay - Gasper, Klauer and Urell. DOCKET 58-06: Application of Randall Klauer, Klauer ConstructionNalet Foods Inc. for a variance for property located at 1230 E. 1zth Street to reduce green space from 4.9% to 2.4% to provide additional parking, 20% minimum required, in an HI Heavy Industrial zoning district. The application was moved the next meeting for failure to have a quorum present because Board Member Klauer would have to abstain from the vote in order to present the application. MINUTES & NOTICES OF DECISION: The minutes ofthe August 24,2006 meeting and Notices of Decision for Dockets 37-06, 42-06, 43-06, 44-06, 45-06 and 46-06 were approved unanimously as submitted. ITEMS FROM PUBLIC: Tom Kann requested the Board reconsider his application so it can be heard by the full board. Staff Member Kritz reviewed the requirements for reconsideration. The Board discussed approving reconsideration of this docket so that the application could be heard by the full Board. Motion by Klauer, seconded by Gasper, to reconsider Docket 56-06. Motion carried by the following vote: Aye - Gasper, Klauer and Urell; Nay - None. Motion by Urell, seconded by Klauer, to adjourn the meeting. ADJOURNMENT: The meeting adjourned at 7:33 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted