Minutes_Zoning Board of Adjustment 9 26 13Dubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, September 26, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Eugene Bird., Jr; Board Members Jeff Cremer,
Heath Hutchinson, Bill Gibbs, and Jonathan McCoy; Staff Members Guy Hemenway
and Wally Wernimont.
Board Members Excused: None.
CALL TO ORDER: The meeting was called to order by Chairperson Bird at 4:02 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 August 22, 2013 meeting were approved by the following
vote: Aye — Cremer, Gibbs and McCoy; Nay — None; Abstain — Hutchinson and Bird.
SPECIAL EXCEPTIONS
DOCKET 31 -13: Application of John Brachman, 1736 S. Grandview Avenue for a
special exception to build a 2,000 square foot detached garage, 1,000 square foot
maximum permitted, 0 feet from the west side property line, 6 foot minimum required,
in an R -1 Single - Family Residential zoning district.
John Brachman, 1736 S. Grandview Avenue, noted that he has modified his request by
reducing the size of the garage to 40' by 40' and maintaining a 6 -foot side and rear yard
setback.
Eva Stabenow said she has power of attorney over her mother's property at 1730 S.
Grandview Avenue. She said she does not object to the request; however, she said
she does not want heavy equipment driving on her driveway in order to access the rear
of Mr. Brachman's property.
Jay Kopp, 1740 S. Grandview Avenue, said that Mr. Brachman has addressed his
concerns and he is not opposed to the request.
Zoning Board of Adjustment
September 26, 2013
Page 2
Staff Member Wernimont explained the modified request, noting that the proposed
revisions were mailed to the neighbors. He said he received a phone call from Tamara
Maury, 905 Laurel Street, an adjacent property owner. He said that she did not express
any concerns with the design or location of the structure.
Chairperson Bird thanked the applicant and neighbors for their cooperation, and noted
that Mr. Brachman should speak with Ms. Stabenow regarding how the construction
equipment will access the rear yard.
Motion by McCoy, seconded by Gibbs, to approve the special exception as modified.
Motion carried by the following vote: Aye — McCoy, Cremer, Hutchinson, Gibbs and
Bird; Nay — None.
DOCKET 33 -13: Application of Susan Casper for a special exception for property
located at 40 Milwaukee Street to build a detached garage 1 foot from the west side
property line, 3 feet required, and 0 feet from the rear property line, 6 feet required for a
legal non - conforming house located in an LI Light Industrial zoning district.
Susan Casper, 40 Milwaukee Street, said she wants to build a 1 % or 2 car garage on
the location of an old garage. She said that she would like to make the garage deeper
and wider than the older garage.
Roger Gartner, 47 E. 32nd Street, said he was opposed to the request. He referred to
an aerial photo that was submitted in the packet and discussed lot line locations and
garage setbacks along the alley for the adjacent properties. Mr. Garner expressed
concerns with his ability to back from his garage without hitting the garage across the
alley.
Ms. Casper said that the alley is 20 feet wide and there should be adequate room for
Mr. Gartner to pull out of his garage without hitting her garage. She said she wants to
build on an existing footprint; however, wants to make the new structure wider and
deeper than the previous garage.
Staff Member Wernimont outlined the special exception request, noting the proposed
setback to that of other garages in the alley. He said that the Board has the ability to
modify the request to require a minimum 3 -foot setback for the garage. He explained
the majority of the garages along the alley are non - conforming.
Chairperson Bird asked if Ms. Casper would be willing to move the garage 3 feet from
the rear property line, or to align it with the garage located on the adjacent lot to the
west. Ms. Casper said was willing to align the garage with the garage to the west.
Zoning Board of Adjustment
September 26, 2013
Page 3
The Board noted that the proposed garage was consistent with other garages along the
alley. They discussed the location of the proposed garage, and felt that it should be
kept in line with the garage located on adjacent lot to the west.
Motion by Gibbs, seconded by Hutchinson, to approve the special exception with the
condition that the front of the garage be aligned with the garage located on the adjacent
lot to the west. Motion carried by the following vote: Aye — McCoy, Cremer,
Hutchinson, Gibbs and Bird; Nay — None.
DOCKET34 -13: Application of Theresa Buelow for a special exception for property
located at 569 S. Grandview Avenue to build a 20' by 24' detached garage 0 feet from
the east side property line and 4 feet from the rear property line, 6 feet required for both
setbacks, in an R -1 Single - Family Residential zoning district.
Theresa Buelow, 569 S. Grandview Avenue, explained her request. She said that she
currently has a detached single -car garage and that she would like to replace it with a
new two -car garage.
The Board discussed the location of the garage and how it will be accessed. Ms.
Buelow said that the detached garage will have two doors — one that faces Grandview
Avenue and one that will face the alley.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report, noting that the request is to
replace an existing deteriorated one -car garage and replace it with a new detached two -
car garage. He said that the proposed garage will extend further along the side
property line and be closer to the rear property line than the existing garage. He
discussed the setbacks of other detached garages located in the neighborhood.
Board Member Gibbs asked if the driveway to the garage will be paved. Ms. Buelow
said that there is an existing driveway to the garage from Grandview Avenue, and that
the area between the alley and the garage will be paved.
Motion by Gibbs, seconded by McCoy, to approve the special exception as submitted.
Motion carried by the following vote: Aye — McCoy, Cremer, Hutchinson, Gibbs and
Bird; Nay — None.
DOCKET 35 -13: Application of Douglas Blong and Elaine Ries for a special exception
for property located at 201 Harriett Street to build a 1,200 square foot detached garage,
1,000 square foot maximum allowed, and 10 feet from the front property line, 20 feet
minimum required, and 18 feet in height, 15 feet maximum allowed, in an R -1 Single -
Family Residential zoning district.
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September 26, 2013
Page 4
Douglas Blong, 2501 Harriett Street, distributed renderings of the proposed garage. He
said that the garage will be used as a workshop to work on vehicles and to store a lawn
tractor.
Board Member McCoy asked what the shop will be used for. Mr. Blong said that the
shop area will be used to maintain his personal vehicles and equipment.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report noting that the property is 20 -acres
in size. He explained the reasons for the 20 -foot required front yard setback. He said
that Harriett Street is platted but has not been improved to current street standards.
The Board asked if additional homes could be accessed from Harriett Street. Staff
Member Hemenway said that additional houses may be accessed from Harriett Street;
however, if additional subdividing would occur, the street would be required to be
improved to City standards.
Motion by Gibbs, seconded by McCoy, to approve the special exception as submitted.
Motion carried by the following vote: Aye — McCoy, Cremer, Hutchinson, Gibbs and
Bird; Nay — None.
DOCKET 36 -13: Application of Jordan Degree for a special exception for property at
119 Clarke Drive to add a third story 0 feet from the front property line (Clarke Drive and
Shelby Street) 20 feet minimum required, and to construct an attached garage, 0 feet
from the front property line (Shelby Street) and 1 -foot from the north property line, 20
and 6 feet required respectively, and to cover 44% of the lot with structure, 40%
maximum allowed, in an R -2 Two - Family Residential zoning district.
Jordan Degree, 119 Clarke Drive, explained that his request has two components. The
first is to remove a deteriorated one -car garage and construct a new attached two -car
garage. The second is to remove a roof and knee walls and construct a third story. He
said that the remodel will allow him to increase the sidewall height to create more
livable space. He noted that the roof of the third story will not exceed the existing roof
height.
Board Member McCoy asked if the proposed third floor would impact sight lines to the
river and the downtown from adjacent properties. The applicant noted that the new
addition will not be built higher than the existing roof line.
No one spoke in opposition to the request.
Staff Member Wernimont reiterated the request. He discussed the building location
and the topography of the site. He discussed the proposed design for the roof /third
Zoning Board of Adjustment
September 26, 2013
Page 5
story addition and attached garage. He noted that he has not received any input from
adjacent property owners. He explained that Mr. Degree is proposing to remove the
dilapidated one -car garage and construct a two -car garage with the walls serving as
retaining walls. He indicated that there are several other garages built into the hillside
in the immediate neighborhood. He noted that the structure will cover 44% of the lot
and that storm water from the garage and home will be directed to Shelby Street and
Clarke Drive.
Board Member McCoy discussed the height of the structure and wanted to be certain
that it would not exceed the existing building height. Staff Member Wernimont
explained how building heights for single - family homes and calculated. He noted that
the building can be up to 30 feet in height. He said that if the submitted design is
modified the applicant must reapply for another special exception.
Motion by Gibbs, seconded by Hutchinson, to approve the special exception as
submitted. Motion carried by the following vote: Aye — Cremer, Hutchinson, Gibbs and
Bird; Abstain - McCoy; Nay — None.
CONDITIONAL USE PERMITS:
DOCKET: Application of Deanne and David Hohmann for a conditional use permit for
property located at 2612- 2614 -2616 University Avenue to permit a parking lot in an OR
Office Residential District.
Deanne Hohmann distributed a petition signed by the adjacent property owners
(Locators Limited, Chiropractic Plus and Jamica -Me -Tan) stating that they are in favor
of the conditional use permit and rezoning requests. She also provided an e-mail from
Bob Tucker, Director of Loras All- Sports Camp, stating they are also in favor of the
parking lot because it will create a safe drop -off area for children who attend the camp
and use the facility. Ms. Hohmann provided an estimate to install a screening fence
and a preliminary site plan for the proposed parking lot.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He indicated that a conditional
use permit is required for a parking lot abutting a residential district. He said that IIW
Engineers prepared a site plan indicating the proposed parking lot design. He said that
the parking lot will be screened from the adjacent residential properties with either a
fence or a vegetative buffer. He explained that the applicant is requesting that the
property be rezoned and will have to submit a site plan for departmental review. He
said that the Board should make their approval contingent upon the applicant being
granted a rezoning and site plan approval.
Zoning Board of Adjustment
September 26, 2013
Page 6
Board Member McCoy asked about the access from University Avenue to the proposed
parking lot noting that the driveway is fairly close to the residences. Ms. Hohmann
noted that the Dubuque Dance Studio will own both properties and the house next to
the studio is her residence.
Staff Member Hemenway noted that the access drive is 24 -feet wide, which he said
allows two -way traffic. He indicated that if the access drive was to be reduced, it would
require traffic to stop on University while a vehicle is exiting the parking lot.
Motion by Gibbs, seconded by Cremer, to approve the conditional use permit
contingent upon the property being rezoned to OR Office Residential, and approval of a
site plan. Motion carried by the following vote: Aye — Cremer, Hutchinson, Gibbs and
Bird; Nay — None; Abstain — McCoy.
ITEMS FROM STAFF:
Election of Airport /Zoning Board of Adjustment: Motion by McCoy, seconded by Gibbs,
to appoint Heath Hutchinson to the Airport Zoning Board of Adjustment. Motion carried
by the following vote: Aye — McCoy, Cremer, Hutchinson, Gibbs and Bird; Nay — None.
Election of Vice Chairperson to the Zoning Board of Adjustment: Motion by Gibbs,
seconded by Cremer, to appoint Jonathan McCoy as Vice Chairperson to the Zoning Board
of Adjustment. Motion carried by the following vote: Aye — McCoy, Cremer, Hutchinson,
Gibbs and Bird; Nay — None.
ADJOURNMENT: The meeting adjourned at 5:10 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner Adopted