Minutes Zoning Bd Adj 11 22 06
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Wednesday, November 22, 2006
4:00 p.m.
Meeting Room 1, Grand River Center
500 Bell Street, Dubuque, Iowa
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PRESENT:
Chairperson Mike Ruden; Board Members Bill Gasper, Bill Gibbs and
Randy Klauer; Staff Members Kyle Kritz and Wally Wernimont.
ABSENT:
Board Member Jim Urell.
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 4:05 p.m.
DOCKET 47-09 (reauest for reconsideration): 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.
Staff Member Wernimont noted that Bob and Elizabeth Hnilo have submitted a written
request to table their application to the next meeting when a full board will be present.
Motion by Klauer, seconded by Gibbs, to table the application to the next meeting.
Motion carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay-
None.
DOCKET 69-06: Application of Gary Heiar/David Hartig for a special exception for
property located at 1331 Rockdale Road to plat a non-buildable lot with 0 feet of
frontage and 2,614 square feet of area, 50 feet and 5,000 square feet required
respectively, in an R-2 Two-Family Residential zoning district.
The applicant was not in attendance.
Staff Member Wernimont reviewed the staff report with the Board. He noted the
applicant is requesting to plat a substandard lot in order to provide a buffer between two
properties. He noted that the plat states that the lot will be non-buildable.
No one spoke in opposition to the proposed special exception.
The Board reviewed the request.
Minutes - Zoning Board of Adjustment
November 22, 2006
Page 2
Motion by Klauer, seconded by Gasper, to approve the special exception. Motion
carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay - None.
DOCKET 70-06: Application of Selective Site Consultants, Inc.lMarilyn Blake for a
conditional use permit for property located at 6255 Pennsylvania Avenue to erect a
telecommunications tower on property owned by Marilyn Blake.
Katrina Robertson, representing Selective Site Consultants, Inc. of Overland Park,
Kansas referred to the material that was submitted in the Board's packet. She said that
the facility will be comprised of a 150-foot tall monopole tower and an auxiliary building.
She said that the existing cell tower located in the area is over capacity and that the
new tower will allow cell phone providers to fill a coverage gap on the west end of town.
She said the monopole will have additional co-locates.
Staff Member Kyle Kritz presented the staff report. He explained the conditional use
permit request, and referred to an aerial photo of the site. He indicated that the cell
tower would be a 150-foot monopole. He said that the applicants had received
approval from Dubuque County to construct a cell tower a few years ago when the
property was in the county. He said the property was recently annexed into the City of
Dubuque. He said that the cell tower site is currently in the city and the applicants will
need Zoning Board of Adjustment approval for a conditional use permit. He indicated
that a fence and screening will be required around the site. He stated that the access
drive will need to be paved with either asphalt or concrete.
No one spoke in opposition to the request.
The Board reviewed the request, noting that they should place a condition that the
driveway must be paved with asphalt or concrete.
Motion by Gasper, seconded by Klauer, to approve the conditional use permit with the
condition that the driveway be paved with asphalt or concrete. Motion carried by the
following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay - None.
DOCKET 71-06: Application of Ben Roush, Conlon Construction/Bethany Home for a
conditional use permit for property located at 1005 Lincoln Avenue (1000 Block of High
Bluff Street) to construct an off-premise garage in an R-2A Alternate Two-Family
Residential zoning district.
Chairperson Ruden said that the Zoning Board of Adjustment will hear both Dockets
71-06 and 72-06 simultaneously.
Ben Roush, representing Conlon Construction, explained the request to the Board. He
referred to the location of the detached garage and explained that the request to build 0
feet from the front property line. He stated that the garage setback will be similar to the
Minutes - Zoning Board of Adjustment
November 22, 2006
Page 3
setbacks of homes located along High Bluff Street. He explained that the garage will
be used to store Bethany Home's minibus.
Staff Member Wernimont reviewed both requests, and reviewed a site diagram
distributed to the Board. He referred to photographs of the site. He said that all
property owners within 200' of the site were notified by mail. He explained that a
conditional use permit is required for an off-premise garage. He noted an existing
house was demolished, and that the detached garage will be built on the same footprint
as the home.
The Board reviewed the request, discussing visibility along High Bluff Street. The
Board noted that the house that was recently demolished was built close to the front
property line.
Motion by Klauer, seconded by Gibbs, to approve the conditional use permit as
submitted. Motion carried by the following vote: Aye - Ruden, Gasper, Gibbs and
Klauer; Nay - None.
DOCKET 72-06: Application of Ben Roush, Conlon Construction/Bethany Home for a
variance for property located at 1005 Lincoln Avenue (1000 Block of High Bluff Street)
to construct a 26 foot by 30 foot garage 0 feet from the front property line, 20 feet
required, in an R-2A Alternate Two-Family Residential zoning district.
The Board reviewed Docket 71-06 & 72-06 simultaneously.
Motion by Klauer, seconded by Gibbs, to approve the variance as submitted. Motion
carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay - None.
DOCKET 73-06: Application of Newport Properties for a variance for property located
on Hayden Lane to split a lot into two 2,500 square foot lots, 5,000 square feet
minimum required for each lot, in an OC Office Commercial zoning district.
Tim O'Brien, Newport Properties, explained his request to the Board. He discussed the
size of the existing parcels and the reasons for subdividing the lot. He said that the
subdivision will create two substandard lots.
Kevin Kapp, 486 W. 4th Street, expressed concerns regarding access to the back of his
property if the west portion of the lot is sold. Mr. Kapp reviewed the location of his
property in relation to the subject lot.
Board Members determined that Mr. Kapp's access issue cannot be reviewed by the
Board. The Board noted this is a legal matter between the property owners.
Minutes - Zoning Board of Adjustment
November 22, 2006
Page 4
Staff Member Wernimont reviewed the proposed subdivision of the lot. He said the
request would create two substandard lots. He said that the existing lot is being used
for off-street parking in the neighborhood. He explained that the lot will be subdivided
into two lots and that the west lot will be sold together with the residential property on
W. 4th Street. He said that the applicant is retaining the eastern half of the property to
provide off-street parking in the neighborhood. Staff Member Wernimont noted that
access constitutes a private legal issue between the property owners.
The Board reviewed the request and noted that subdivision of the lot should have no
adverse impact on adjacent properties.
Motion by Klauer, seconded by Gasper, to subdivide the existing parcel into two equal
parcels. Motion carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer;
Nay - None.
DOCKET 68-06 (tabled): Application of Greg Stover/Fannie Stout LLC appealling
staff's interpretation that storage of construction material on a parking lot is a permitted
use in an R-4 Multi-Family Residential zoning district to located at 12th & Bluff Parking
Lot.
Staff Member Wernimont noted that he was contacted by the applicant by telephone on
Wednesday, November 22, 2006. He said that Mr. Stover requested his application be
withdrawn. He explained that Mr. Stover is no longer challenging staff's interpretation.
Motion by Klauer, seconded by Gasper, to approve the withdrawal of Docket 68-06.
Motion carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay-
None.
MINUTES & NOTICES OF DECISION: The minutes of the October 26, 2006 meeting and
Notices of Decision for Dockets 40-06, 51-06, 56-06, 57-06, 61-06, 62-06, 63-06, 64-06,
65-06, 66-06 and 67-06 were approved unanimously as submitted.
ITEMS FROM STAFF:
Quasi-Judicial Review of Cases
Assistant City Attorney Tim O'Brien reviewed the quasi-judicial review of cases in public
hearings. He explained that Board members should avoid ex parte communication. He
discussed the Sutton v. City of Dubuque case in which ex parte communication was one of
the topics. He said that if Board Members are contacted by anyone outside of a Zoning
Board of Adjustment meeting regarding a case, they should ask them to attend the meeting
to express their concerns or to contact the Planning or Legal Department. He said that if
letters are sent to their homes, they should be submitted to Planning Staff so they can be
copied and placed in the packets.
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November 22, 2006
Page 5
The Board said that they understood that they are quasi-judicial and must not consider
information provided to them outside of the meeting.
ITEMS FROM PUBLIC: Wray Childers, IIW, Engineers & Surveyors, explained that at the
last meeting, the Zoning Board of Adjustment approved a conditional use permit to place fill
in the flood plain for Asbury Plaza Business Park. He said that the Zoning Board of
Adjustment made the approval contingent upon receiving approval from the Iowa
Department of Natural Resources and the United States Corps of Engineers. He explained
that, after consulting with the Corps of Engineers and the IDNR, they will be required to do
an archeological survey of the entire site. Mr. Childers said that they have now redesigned
their request to only place fill for a stream crossing. He said that they would redesign the
storm water detention basins to be located outside of the federally-regulated waterway.
Mr. Childers referred to a rendering of the storm water detention basins.
Staff Member Kritz indicated that Mr. Childers is requesting to have the Conditional Use
Permit application reconsidered at the next meeting because of the alterations to the storm
water plan.
The Board understood the request and discussed allowing the application to be re-heard at
the next meeting.
Motion by Gibbs, seconded by Gasper, to reconsider Docket 65-06 at the next meeting.
Motion carried by the following vote: Aye - Ruden, Gasper, Gibbs and Klauer; Nay-
None.
ADJOURNMENT: The meeting adjourned at 4:50 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner
Adopted