Minutes Zoning Bd Adjust 10 26 06
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, October 26, 2006
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
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PRESENT:
Chairperson Mike Ruden; Board Members Jim Urell, Bill Gasper, Bill
Gibbs and Randy Klauer; Staff Members Guy Hemenway, Kyle Kritz
and Wally Wernimont.
ABSENT:
None.
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 order by Chairperson Ruden at 4:10 p.m.
DOCKET 61-06: Application of Scott & Tracey Billmeyer for a special exception for
property located at 527 E. 22nd Street to build a 42 foot by 32 foot detached garage 1
foot from the south side property line, 3 feet required, and 1,344 square feet in area,
1,000 square feet maximum allowed, and 17 feet in height, 15 foot maximum allowed in
an R-2A Alternate Two-Family Residential zoning district.
Scott Billmeyer, 527 E. 22nd Street, explained to the Board that he would like to build a
32-foot by 42-foot detached garage. He said the garage will be located at the rear of
his property and would store and secure his cars, camper, wood and wood cutter. He
stated that he would like some workshop space. He said that he received a letter of
support from the adjacent property owner that would be encroached upon.
Note: Bill Gibbs arrived at 4: 18 p.m.
Staff Member Wernimont outlined the request. He referred to a GIS map and photos of
the site. He said that the applicant has submitted a letter from the adjacent property
owner at 523 W. 22nd Street, which indicates that they are not opposed to the setback.
He said that the proposed detached garage will be located on the rear of the property
and will not block the views to the alley, and therefore, should have little impact on
public safety. He said that, if approved, storm water runoff should be directed onto the
subject property and away from the adjacent property.
Motion by Urell, seconded by Gasper, to approve the special exception with the
condition that storm water be directed away from the adjacent properties. Motion
carried by the following vote: Aye - Ruden, Gasper, Urell and Klauer; Nay -None.
DOCKET 51-06 (tabled): 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
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 2
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, 1715 W. 3rd Street, stated he wants to construct a single-story addition
to the east side of his home for a garage and an open style kitchen. He discussed the
site layout with the Board. He said the visibility from the adjacent driveway at 1711 W.
3rd Street will be adequate to see oncoming traffic. He said there will be almost seven
feet between his house and the residence at 1711 W. 3'd street.
Chairperson Ruden asked to see a rendering of the proposed addition. The Board
reviewed photographs of the site. The Board discussed the building design, including
roof configuration and garage door location.
Mrs. Bridget Kelly, 911 Tressa Street, said she owns the adjacent property at 1711 W.
3'd Street. She said the exception is for setbacks from three property lines. She stated
that the garage addition is inconsistent with the neighborhood. She said traffic safety
will be compromised and the garage will reduce the view from her driveway. She said
that fire safety will be impacted because of limited access and spacing between the two
structures. She said the building addition will block the light and ventilation to her
property. She said that the building addition will limit the ability to sell her house and
have a negative impact on property values. She said that there already is a garage on
the other side of the house.
Mr. McEnery rebutted, stating that the garage/addition will enhance property values and
improve the privacy between the properties. He stated that there will be adequate
access to the rear of both properties. He explained to the Board that he has reduced
his original design. He stated that the existing garage on the other side of the home
has an eight-foot wide opening and is not adequate for a modern vehicle.
Staff Member Wernimont presented the staff report. He reiterated Mr. McEnery's
request to the Board. He discussed the former request that the Zoning Board of
Adjustment reviewed at the October 2005 meeting. He referred to photos of the site.
He said that, if approved, storm water should be directed away from the adjacent
property. He explained that the Board has the ability to approve, deny or modify the
applicant's request.
The Board reviewed the criteria for granting a special exception. Chairperson Ruden
said that he feels that the proposed addition will reduce the property value of the
adjacent properties.
,
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 3
Motion by Klauer, seconded by Urell, to approve the special exception as submitted.
Motion was denied by the following vote: Aye - None; Nay - Ruden, Urell, Gibbs and
Klauer; Abstain - Gasper.
DOCKET 62-06: Application of Sylvester & Donna Weires for a special exception for
property located at 270 E. 29th Street to expand an existing garage 2 feet from the rear
property line (alley) 3 feet required, and 7 feet from the front property line (29th Street),
10 feet required, 1,100 square feet in area, 1,000 square feet maximum permitted and
to cover 56% of the lot with structure, 50% maximum permitted in an R-2A Alternate
Two-Family Residential zoning district.
Sylvester and Donna Weires explained their request to the Board. Mr. Weires said that
the garage will be accessed from the alley. Staff Member Hemenway presented photos
of the site to the Board. Chairperson Ruden asked the Weires to clarify the location of
the doors on the rendering.
No one spoke in opposition to the request.
Staff Member Hemenway presented the staff report. He noted the setback and
explained that the garage will be accessed from the alley. He discussed the setbacks
of other garages located throughout the neighborhood.
The Board discussed the request and felt it met the criteria for granting a special
exception.
Motion by Klauer, seconded by Gasper, to approve the special exception as submitted.
Motion carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer;
Nay -None.
DOCKET 63-06: Application of Dan & Karen Aldeman for a special exception for
property located at 130 State Street to build an 18 foot by 23 foot detached garage 2
foot from the south side property line and 3 feet from the rear property line, 6 feet
required for both setbacks, and to cover 43% of the lot with structure, 40% maximum
permitted, in an R-1 Single-Family Residential zoning district.
Dan Aldeman, 130 State Street, addressed the Board about his special exception
request. He explained the size of the garage and setbacks from property lines. He
discussed measures to control runoff stating that storm water would be directed away
from the adjacent property. He asked for clarification on setbacks as to whether it is to
the foundation or the eave of the garage.
No one spoke in opposition to the request.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 4
Staff Member Wernimont outlined the request to the Board. He said that this property
has a shared driveway access. He explained that the adjacent property owner at 144
State Street, who will be encroached upon, submitted a letter of support. He discussed
proposed storm water conveyance from the garage onto the lot. He clarified that the
setback request is to the overhang.
The Board questioned whether there is an easement across the properties for the
shared driveway access. Mr. Aldeman said he is not aware of a signed agreement for
the shared access. He said that he backs out of the garage onto the adjacent property.
Staff Member Wernimont said that he spoke with Mr. Aldeman about contacting the
adjacent property owner about an easement.
Motion by Urell, seconded by Gasper, to approve the special exception with the
condition that storm water be directed away from the adjacent property. Motion carried
by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer; Nay -None.
DOCKET 64-06: Application of Jay & Mary Kay Jellison for a special exception for
property located at 491 Kaufmann Avenue to add a front porch 0 feet from the front
property line, 20 feet required, in an R-1 Single-Family Residential zoning district.
Jay and Mary Kay Jellison, 491 Kaufmann Avenue, explained their request to the
Board. They said that they want to put a 16-foot by 9-foot porch/deck on the front of
their home. They said they will not install a roof immediately, but will put one on in the
future.
No one spoke in opposition to the request.
Staff Member Wernimont reiterated the applicant's request. He said that if the Board
approves the request, they must indicate that the porch can be enclosed. He stated
that several properties in the neighborhood have porches with similar setbacks. He
referred to an aerial photograph of the neighborhood.
The Board discussed the request.
Motion by Urell, seconded by Gasper, to approve the special exception, including
permitting the front porch to be enclosed. Motion carried by the following vote: Aye-
Ruden, Gasper, Urell, Gibbs and Klauer; Nay -None.
DOCKET 57-06 (tabled): Application of Rick Droeske, Lange Sign Group/Donald
Sisler, Holy Family Schools for a variance (tabled) 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 freestanding sign, 10 feet
,
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 5
in height and 32 square feet maximum permitted, in an R-1 Single-Family Residential
zoning district.
Don Sisler explained the sign variance request to the Board. Mr. Sisler referred to a
rendering of the sign that will be installed on the wall of Wahlert High School. Rick
Droeske, Lang Sign Group, submitted renderings to the Board. Mr. Sisler explained
that the request is to construct a higher monument sign than is currently allowed. He
explained because of vandalism, Wahlert High School has made $750 repairs to the
existing ground monument sign. He also noted that they want to increase the height of
the sign because bushes that were required to screen the new parking lot also would
screen part of the sign.
Staff Member Hemenway presented an aerial photograph of the site to the Board. The
Board discussed the distances to the building from the street. The applicants said that
the distance is approximately 200 feet.
The Board reviewed the existing ground sign and the proposed wall-mounted sign.
Dan Kruse, 2920 Katrina Circle, President of Pine Knoll Condominiums, spoke in
opposition to the request. He said he has issues with an illuminated sign.
John Faulhaber, 1870 Kane Street spoke in opposition to the request. He referred to
existing ground monument signs that meet the requirements located at Prescott
Elementary School, Senior High School and Roosevelt Middle School. He explained
that he has no issues with the wall-mounted sign, but he has concerns with the location
and the lighting of the monument-style sign.
June Strueber, 2806 Katrina Circle, spoke in opposition to the request. She presented
photos of the site to the Board. She referred to ground monument signs at Hempstead
High School, Senior High School and Washington Middle School.
Greg Manthey, 2690 Chaney, spoke in opposition to the request. He stated that he is
concerned with a lighted sign.
Donna Andresen, 2922 Katrina Circle, spoke in opposition to the request. She stated
that she dislikes the security lights at Wahlert High School, and has concerns regarding
the lighting from the proposed monument sign.
Terry Koeller, 2675 Chaney Road, spoke in opposition to the request. He stated
concerns with the height and lighting of the proposed monument sign.
Don Huff, 1960 Kane Street, spoke in opposition to the monument sign.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 6
Don Sisler explained that Wahlert High School is replacing an existing ground
monument sign. He said that the light from the new sign will be less intense than the
existing sign. He explained that an LED sign is very expensive and that he has
concerns with vandalism because the sign is close to the ground. He explained that
they are proposing to place the sign at an oblique angle which will minimize the light
being cast onto homes in the neighborhood.
Rick Droeske said that the high school can build a monument sign 10 feet in height. He
explained that the existing fluorescent ground mounted sign emits more light than the
proposed LED sign. He explained that the wall-mounted sign will be lit and that the sign
can be turned on and off at any time during the day.
The Board discussed the sign request. The Board asked the applicants how much the
sign will cost. Mr. Droeske explained that the proposed LED sign costs approximately
$20,000.
Staff Member Hemenway presented the staff report. He noted the size and location of
the wall-mounted sign. He explained that he was under the assumption that the wall-
mounted sign will not be externally illuminated. He explained sign requirements for
schools. He said the Board has the ability to limit the time that the sign can be lit.
Chairperson Ruden asked about the security lighting at Wahlert High School. Staff
Member Hemenway noted that during the site plan review process, lighting
requirements are addressed.
The Board reviewed the criteria for granting a variance. Chairperson Ruden noted that
the wall-mounted sign meets the requirements because of its distance from the street.
Board Member Klauer felt that the signs do not meet the requirements. He felt that a
school need not advertise utilizing signage that is in excess of what is currently allowed.
Board Member Gibbs felt that the wall-mounted sign meets the requirements. The
Board discussed regulating the sign. The Board felt that the ground monument sign
does not meet the hardship requirement.
Motion by Urell, seconded by Klauer, to approve the variance with the following
conditions: 1) that the monument sign be limited to 10 feet in height and 32 square feet
in area; and 2) that the wall-mounted sign lighting be limited from 6:00 a.m. to 11 :00
p.m. Motion carried by the following vote: Aye - Ruden, Gasper, Urell and Gibbs; Nay
- Klauer.
The Board broke for a five-minute recess.
DOCKET 40-06 (tabledl: Application of Mary & Stuart Mabusth for a variance (tabled)
for property located at 1098 Jackson Street to open a music education/entertainment
.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 7
facility, with a deficit of 27 off-street parking spaces, in a C-4 Downtown Commercial
zoning district.
Mary Mabusth, 713 Lincoln Avenue, explained her request to the Board. She noted
that she has acquired the property at 1098 Jackson Street. She explained the existing
parking credits that are available for the school. She said that she is proposing to open
a music school and a performance hall. She indicated that she spoke with Kalmes
Break Time Cafe and Spahn and Rose Lumber about the request. She explained that
there will be programs after school in the evening hours. She explained that the
parking variance is for the concert hall that may have 200-250 people attending events
after 5:00 p.m. and after 12:00 p.m. on the weekends. Mrs. Mabusth noted that they
have come to an agreement with Kalmes Break Time Cafe and Spahn and Rose
Lumber about the times the school and concert hall will be in operation. She referred to
the agreement that was included in the Board's packet. She noted that the variance will
be rescinded if the building is no longer used for a concert hall and music education
center.
Jim Douda, representing Spahn and Rose, said he is in favor of the request based on
the proposed agreement.
Staff Member Hemenway presented the staff report. He referred to previous public
hearings for the variance request. He explained that staff has reviewed the conditions
of the agreement with the Legal Department and felt they are enforceable.
Motion by Urell, seconded by Gasper, to approve the variance with the following
conditions:
1) The parking variance is only applicable after 5:00 p.m. on weekdays and after
12:00 p.m. on Saturdays;
2) If the use of the subject property as a music education/entertainment facility is
terminated or changed, then the 27 space parking variance will become void and
the property shall revert to the former credit of 20 off-street parking spaces.
Motion carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer;
Nay -None.
DOCKET 65-06: Application of Wendell Corey, Motor City LLC for a conditional use
permit for property located in the Asbury Plaza Business Park to allow fill to be placed
in a designated flood hazard area.
Engineer Wray Childers, IIW Engineers, 4155 Pennsylvania Avenue, represents Motor
City, LLC. He said they are requesting to place fill along a slope in order to allow
grading along the Chloie Creek waterway to facilitate development of the property.
Minutes - Zoning Board of Adjustment
October 26,2006
Page 8
No one spoke in opposition to the request.
Staff Member Kritz outlined the request. He described the site location and FEMA
rules. He said that the applicants need to receive Iowa Deparment of Natural
Resources and Army Corps of Engineers approval for the proposed flood plain permit.
The Board discussed the request.
Motion by Urell, seconded by Gasper, to approve the conditional use permit subject to
final approval by the Iowa Department of Natural Resources and the Army Corps of
Engineers. Motion carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs
and Klauer; Nay -None.
DOCKET 66-06: Application of Shahid Mahmood/CSC Gas Inc. for a conditional use
permit for property located at 700 Rhomberg Avenue to expand an existing gas station
in a C-1 Neighborhood Commercial zoning district.
Paul Jungers, representing CSC Gas Inc, addressed the Board about the conditional
use permit. He said they are proposing to build a 17-foot by 34-foot addition to the
existing gas station. He explained that there is an eight-foot shed which will be
removed to make space for the addition. He said that the addition will be no higher
than the existing store and that it will be used for a walk-in cooler. He explained that no
additional site lighting will be added to the property. He provided a petition with
signatures of people in favor of the addition.
Staff Member Hemenway presented photos of the site to the Board.
John McCann, 722 Rhomberg Avenue, spoke in opposition to the request. He stated
that he has concerns with the size and the conversion of the gas station to a
convenience store. The Board asked Mr. McCann to show where his property is in
relation to the gas station.
Steve McDonald, 708 Rhomberg Avenue, spoke in opposition to the request. He noted
that his property is directly adjacent to the proposed gas station expansion. He stated
he has concerns with his property value being lowered because of the close proximity
of the gas station. He also explained that he has issues with the noise from the
compressor of the cooler running close to his home.
The Board discussed the distance from the addition to Mr. McDonald's residence. Staff
Member Hemenway said that it is approximately 35 feet.
Paul Jungers rebutted. He noted that, in the past, he gave two feet of his property for a
privacy fence to be built along Mr. McDonald's property. He explained that they have
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 9
problems with drive-offs and reconfiguration of the building will allow them to better
monitor the gas pumps.
Staff Member Hemenway presented the staff report. He noted the size of addition and
the distance to the adjacent residences. He explained that a conditional use permit is
required for a gas station in the C-1 District. He explained the height of the proposed
addition and noted that, if approved, a privacy fence should be installed along the
property line and the garbage dumpster should be screened.
The Board felt that the request meets the requirements for a conditional use permit.
Motion by Urell, seconded by Gasper, to approve the conditional use permit with the
condition that a 6-foot high privacy fence be placed along the north side property line.
Motion carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer,
Nay -None.
DOCKET 67-06: Application of Lenore Nesler/James McMahon for a variance for
property located at 1108 Locust Street to open a coffee shop/deli with a deficit of 6 off-
street parking spaces in an OR Office Residential zoning district.
Christopher Soppe, representing Lenore Nesler, explained the request to the Board. He
said that Ms. Nesler is proposing to open a deli on the first floor with apartments on the
floors above. He explained that there is metered on-street parking located throughout
the neighborhood. Ms. Nesler presented photos of the site to the Board.
Dave Stuart, 1470 Locust Street, President of the Downtown Neighborhood Council,
and Board of Directors of the Masonic Temple, spoke in favor of the request. He
referred to parking available throughout the neighborhood. He said that buildings
should not be torn down in order to provide off-street parking. He explained that Ms.
Nesler's request would probably attract more walk-in traffic than drive-to traffic.
Ms. Nesler, 1182 Locust Street, spoke in favor of the request. She explained that she
would like to open a deli/coffee shop on the first floor.
Staff Member Hemenway presented the staff report. He reiterated the variance
request. He explained the location of the structure in relation to on-street parking. He
discussed how parking is calculated.
The Board reviewed the criteria for granting a variance and felt the application met the
criteria.
Motion by Urell, seconded by Gasper, to approve the variance as submitted. Motion
carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer; Nay-
None.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 10
DOCKET 56-06 (reconsideration): Application of Tom & Paula Kann for a conditional
use permit (reconsideration) 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.
John Netti, 8026 Southern Hills Circle, said that he is Tom and Paula Kann's attorney.
He explained that the Kanns would like to operate a day care center. He said the
Kanns are approved for 11 children with an additional two children for two hours. He
explained that the request is for 16 children, which requires a conditional use permit.
Paula Kann presented a certificate of a registered child development home to the
Board. She explained that she is proposing to have 16 children and two additional
employees. She noted the current certificate allows 11 children. She said that an in-
home daycare provider, which is a permitted home occupation, can only provide
daycare to four infants. She explained that she would like to provide daycare to more
than four infants, which requires that she obtain daycare center status. She presented
a document that indicated when employees and children arrive and leave the
residence. She explained that there are different times for drop-off and pick-up. She
explained that there is a demand for infant care in the Dubuque area.
The Board clarified with Mrs. Kann that the request is for eight infants and eight
preschool aged children. The Board discussed the pick-up and drop-off times for the
daycare. The Board discussed the number of vehicle trips that would be generated by
the proposed day care.
Cheri Kennedy, 2016 Dock Street, said that she works for Child Care Resource and
Referral. She referred to child care statistics in the Dubuque area. She discussed
handouts that were presented to the Board at the meeting. She noted that there is a
demand for infant care.
Tom Kann, 640 Florence Street, presented handouts to the Board. He discussed the
history of the neighborhood. He discussed the number of children in the daycare and
how traffic circulation works throughout the neighborhood. Mr. Kann said that he spoke
with City Traffic Engineer Bill Schlickman and he said traffic counts are so low that
traffic signs are not warranted at this location. Mr. Kann explained that there have been
street improvements on Florence and Villa Streets. He said that trees have been
trimmed back at the intersections to help with visibility. He said that the Fire Marshal
said that if a semi can maneuver in the neighborhood, then they will be able to provide
fire protection with their fire trucks. Mr. Kann explained that they are educating their
clients and employees on how traffic circulation works throughout the neighborhood.
Mr. Kann referred to the site plan that shows the drop-off location and employee
parking. He also provided a photo of the drop-off lane to the Board. He showed that
cars could pass each other along the street where the drop-off lane is located. He
,
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 11
explained that he will provide off-street parking at the rear of the property for
employees.
The Board discussed the width of Florence Street, Villa Street and Mountain Lane. The
Board discussed traffic circulation throughout the neighborhood. Mr. Kann noted that
he spoke with City Engineering Assistant Jane Smith and asked to have a fence
installed on the wall along Villa Street. He referred to a map which shows property
owners in favor of and opposed to the proposed daycare.
John Netti noted that the existing in-home daycare generates approximately 16 vehicle
trips. The Board asked how long they had been operating as an in-home daycare.
Mrs. Kann noted that they have been in operation for approximately two months. The
Board clarified that the request is for 16 children and three employees. John Netti
reviewed the criteria for granting a conditional use permit He noted that daycare
centers are part of the residential fabric. She referred to Young-Uns daycare located
on 32nd Street and how those property values around their daycare center have been
impacted. He presented photos of the daycare center to the Board.
Patricia O'Brien, 450 Villa Street, asked the Board not to approve the conditional use
permit allowing more children until they see how the current in-home daycare operates.
Dan Boge, 333 Villa Street, noted he has no objections to the request and felt that the
proposed day care would not disturb the neighborhood.
Paul Sigwarth, attorney with O'Connor and Thomas, presented photos to the Board.
He referred to a map board with photos of houses and intersections. Mr. Sigwarth
discussed traffic circulation and the proposed drop-off lane. He discussed how traffic
would have difficulty negotiating the streets during inclement weather. He discussed
visibility at the intersections and stressed the narrowness of Villa Street. He discussed
how snow is removed from the streets in the neighborhood. He referred to the number
of children noted in the application. He said that the definition of a daycare home
states that only 11 children are permitted, and that a day care center with more than 11
children requires a conditional use permit. He said that this is a commercial business
located in a residential zoning district. He asked the Board to consider the total number
of children possible and the maximum number of vehicle trips that would result. He
said that the property values in the neighborhood will decline if the daycare center is
approved. He said the reference to the West 32nd Street daycare property is irrelevant.
He noted that the applicants received a setback variance request to build their home
10 feet from the front property line. He said he felt the Kann's planned to have a day
care center at this location all along.
Barb Solie, 692 Florence Street, stated she has no problem with traffic or the location of
the daycare center. She said she is located at the corner of Florence and Mountain
Lane and that drivers will adapt to their surroundings.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 12
Rita Vogt, 675 Florence Street, said that she has lived at her present address for 42
years. She stated that there have been no accidents in the neighborhood. She stated
that she had her shrubs trimmed at the intersection to increase visibility.
Rita Nebel, 395 Mountain Lane, said she had no objections to the request. She stated
that she has a driveway that people use to navigate around cars. She stated she has
lived in the neighborhood for 51 years.
Tom Giese, 395 Villa Street, spoke in opposition to the request. He said he has
concerns with traffic circulation. He stated that snow plows cannot negotiate the
streets. He said the City uses pick-up trucks with snow plows. He said he was
previously denied by the Zoning Board of Adjustment for an addition to his home. He
said that he does not want a business located adjacent to his property.
Jerry Ahlers, 720 Rush Street, noted that he is located on the corner of Rush Street and
Mountain Lane, and he has lived there for 41 years. He said he has no objection to the
daycare center.
Nancy Whitlow, 400 Villa Street, said she was confused about the number of children
allowed at this location. She asked if staff could clarify what was allowed for in-home
daycare. Staff Member Hemenway noted that the zoning ordinance only allows 11
children for a home occupation. Ms. Whitlow asked if there could be a time limit set on
the duration of the approved daycare center. Chairperson Ruden noted it would be
difficult to approve a daycare center for one year and then reconvene to hear the same
arguments being presented. He also noted that he is basing his decision on whether or
not the proposed daycare can meet the conditions outlined in the Zoning Ordinance.
Staff Member Hemenway noted that the Board can impose any conditions to alleviate
potential negative affects of the proposed daycare center.
Cindy Oliver, 545 Villa Street, stated that she had concerns with traffic safety. She said
she has lived in the neighborhood for 10 years. She stated she is not opposed to
daycare; however, she is opposed to a daycare center located at this spot.
Brenda Hartig, 560 Villa Street, spoke in opposition to the request. She said that she
feels that the proposed daycare center is not in harmony with the neighborhood. She
said she had issues with safety and with traffic circulation.
Dick Hartig, 560 Villa Street, spoke in opposition. He said that he is confused about the
number of children that would be permitted. He expressed concerns with staff parking
located at the rear of the property. He said he has lived there for 32 years and has
witnessed two accidents in the neighborhood. He stated he has concerns with traffic
circulation. He said he is in favor of widening the street and adding sidewalks. He said
that garbage trucks need to back down Villa Street because there is not enough space
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 13
to turn around. He said that south Villa Street is not plowed by the City. He said that
the Board had issues with Criteria 2, 6 and 8 at the last meeting. He said that the
sewer system was not designed to accomodate a daycare center. He stated he had
concerns with visibility at the intersections. He said he does not have concerns with
daycare centers in a residential neighborhood in general; however, he has concerns
with a daycare center at this location.
Mike Keegan, 500 Villa Street, spoke in opposition to the request. He referred to a
letter that he submitted at the last meeting. He discussed the possibility of widening the
street and installing sidewalks. He explained that there are several older people
located in the neighborhood and that their reaction time is slower. He said he has
spoken with realtors about being next to a daycare center and said that they felt the
value of neighboring homes will be reduced.
Chairperson Ruden asked Mr. Keegan if he had property values available. Mr. Keegan
noted that the values of the land were submitted at the last meeting. Chairperson
Ruden asked Mr. Keegan to provide the name of the realtors who provided the estimate
on valuation. Mr. Keegan said he did not wish to disclose the names of the realtors.
Mr. Sigwarth noted that criteria #4 required that the applicant provide proof that they
have applied for a license, and that no proof has been provided.
Tom Thill, 757 Rush Street, spoke in favor of the request. He explained that some in
the neighborhood are placing money before the care of children.
Fred Beeler, 3019 West 32nd Street, spoke in opposition to the request. He noted that
the existing daycare at West 32nd Street is leaving; however, the approval for a daycare
center still resides with the property.
Chairperson Ruden asked if Mr. Beeler's property has been devalued because of the
daycare. Mr. Beeler said that his property was devalued by the daycare center and the
Northwest Arterial being constructed behind his property.
Tom Kann rebutted regarding Criteria #2. He said that City Engineer Gus Psihoyos said
that the sewer system can handle the additional effluent generated by the daycare. He
said that they are proposing to care for infants, which use diapers instead of the toilet.
Mr. Kann noted that these properties are bluffland properties, and that they are valued
for their view. Mrs. Kann said that the State has received verification for the daycare
center.
Mr. Netti said that the daycare center's property value at 3015 W. 32nd Street has
increased. He said the property value at 3011 W. 32nd Street has not decreased.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 14
Assistant City Attorney Crenna Brumwell verified that a conditional use permit is
required to permit more than 11 children.
Staff Member Hemenway presented the staff report. He noted that he provided all the
requested information to those people that requested it. He noted that at the last
meeting, there were only three Board members present, and that there was conflicting
information regarding the number of children permitted in a daycare home. He said that
the Board approved the reconsideration because of this. He said the Zoning Ordinance
only allows 11 children for an in-home daycare. He explained the additional criteria for
a child daycare. He referred to traffic circulation throughout the neighborhood. He said
the new request is a reduction from the original proposal of 20 children down to 16
children. He said that the primary issue is traffic circulation throughout the
neighborhood. He discussed the number of vehicle trips the daycare would generate.
He explained that City Engineer Gus Psihoyos said that the existing sewer pump can
handle the additional effluent. He said that Traffic Engineer Bill Schlickman stated that
signage is not required throughout the neighborhood because of low traffic volume.
Chairperson Ruden asked if Mountain Lane is a substandard street or an alley. Staff
Member Hemenway noted that it is a street that is built to alley standards.
Commissioner Gibbs noted that there are only really discussing an addition of 10 to 14
vehicle trips in the neighborhood over what is permitted with 11 children. Chairperson
Ruden noted that the daycare center cannot meet the requirements due to difficult
traffic circulation.
Motion by Klauer, seconded by Urell, to approve the daycare center with 16 children
and three employees. Motion was denied by the following vote: Aye - Klauer and
Gibbs; Nay - Ruden, Gasper and Urell.
DOCKET 68-06: Application of Greg Stover/Fannie Stout LLC to appeal staffs
interpretation that storage of construction material on a parking lot -- 1ih & Bluff
Parking Lot -- is a permitted use in an R-4 Multi-Family Residential zoning district.
Mr. Stover was not present. He submitted an email stating that he would like his
application tabled to the next meeting.
Motion by Klauer, seconded by Urell, to table the appeal to the next meeting. Motion
carried by the following vote: Aye - Ruden, Gasper, Urell, Gibbs and Klauer; Nay -
None.
MINUTES & NOTICES OF DECISION: The minutes of the September 28, 2006 &
October 12, 20060 meetings and Notices of Decision for Dockets 48-06, 49-06, 50-06, 52-
06, 53-06 54-06, 55-06, 56-06, and 58-06 were approved unanimously as submitted.
Minutes - Zoning Board of Adjustment
October 26, 2006
Page 15
ITEMS FROM PUBLIC: Staff Member Wernimont noted that Bob Hnilo, 1920 Alta Vista
Street, is asking the Board to reconsider his application due to the fact that only three
members were present at the last meeting and additional material is being presented. The
Board discussed it and felt it was appropriate to reconsider their application.
Motion by Urell, seconded by Klauer, to reconsider Docket 47-06 at the next meeting.
Motion carried by the following vote: Aye - Gasper, Urell and Klauer; Nay -None;
Abstain - Gibbs and Ruden.
ADJOURNMENT: The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner
Adopted