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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, November 21, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Vice Chairperson Jonathan McCoy; Board Members Jeff
Cremer, Heath Hutchinson and Bill Gibbs; Staff Members Guy Hemenway and Wally
Wernimont.
Board Members Excused: Chairperson Eugene Bird, Jr.
CALL TO ORDER: The meeting was called to order at 4:10 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 October 24, 2013 Zoning Board of Adjustment meeting
were approved unanimously as submitted.
Vice Chairperson McCoy noted that a minimum of three affirmative votes are required to
approve a request and, as there are only three board members present, the applicants may
ask that their docket be tabled or moved to the end of the meeting. He said a fourth board
member will be present but is running a little late.
SPECIAL EXCEPTIONS
DOCKET 41 -13 Application of Richard S. Kelly, Sr., 2975 Lenox Street for a Special
Exception to build a single family home 0 feet from the north and south side property
lines, 6 feet minimum required, in and R -1 Single Family Residential zoning district.
Richard Kelly outlined his request. He noted that only a small corner of the house will
encroach into the 6 -foot required side yard setback.
Steve and Sandy Heiar said that they recently purchased the adjacent property located
at 2999 Lenox Street. Mr. Heiar said that their home was recently constructed and that
they were granted a limited setback waiver to build 4 feet from the side property lines.
He said that he is opposed to a 0 -foot side yard setback, but would have no objection to
a 4 -foot or greater setback. He said that the grading of his yard is not complete and
that they may have difficulty getting a skid loader between the two structures to access
Zoning Board of Adjustment
November 21, 2013
Page 2
the rear yard. He submitted five letters of opposition to the 0 -foot side yard setback
from the following property owners:
1) Joyce R. Kirk, 2960 Pennsylvania Avenue
2) Jack Frain, 2954 Illinois Avenue
3) Nick and Laura Trievieler, 2996 Van Buren Avenue
4) Joe Munson, 2964 Illinois Avenue
5) Nicole Lee Munson, 2964 Illinois Avenue
Staff Member Wernimont clarified that the initial request was to construct the overhang
0 feet from the side property line with the foundation set back approximately 2 -3 feet.
He noted that the initial application included a drawing provided by a surveyor that
indicated the distance from the building to the property line. He said the drawing
appeared to indicate the building footprint and that staff assumed the 0 foot setback
would be needed to accommodate an overhang. He said that the dimensions on the
drawing indicated not the distance from the house to the property line, but how far the
building would project into the 6 -foot side yard setback. Therefore, he said that the
applicant is actually requesting to build 3 feet 8 inches from the north side property line
and 4 feet 3 inches from the south side property line.
Carol Fruend, 2996 Pennsylvania Avenue, expressed concerns with traffic safety, fire
safety and snow removal. She said that the spacing of the house is not consistent with
other residences located in the neighborhood.
Larry McCready, 2999 Van Buren Avenue, spoke in opposition to the 0 -foot setback.
He said that most houses in the neighborhood have a 6 -foot side yard setback. He
expressed concerns with snow removal and school bus safety.
Mr. Kelly rebutted noting that the adjoining property owner at 2999 Lenox Street
received approval for a similar setback. He said that he has the ability to reduce the
house size in order to fit the lot. However, he said that he would like to build closer to
the property lines in order to maximize the square footage of the building.
Board Member Cremer entered the meeting at 4:24 p.m.
Board Member Gibbs expressed concerns with density in the neighborhood. Mr. Kelly
noted that the property owner to the north received a limited setback waiver to build a
home 4 feet from the north and south side property lines and that his request is very
similar. Board Member Gibbs asked Mr. Kelly if he could build a home and meet the 6-
foot setback. Mr. Kelly said it is possible to reduce the building size and meet the 6 -foot
side yard setback.
Staff Member Wernimont outlined the property history, noting that a limited setback
waiver was granted for the adjacent lot. He clarified that the request is to build a single-
Zoning Board of Adjustment
November 21, 2013
Page 3
family home 3 feet 8 inches from the north side property line and 4 feet 3 inches from
the south side property line. He explained that the two corners of the house encroach
slightly into the required 6 -foot side yard setback because the lot is irregular and that
the applicant is trying to position house parallel to the street.
Vice Chairperson McCoy asked the applicant if he could shift the house 4 inches so it
could have an approximately 4 -foot side yard setback to be consistent with the newly
constructed home on the adjacent lot.
Board Member Cremer expressed concerns with the density of houses in the
neighborhood. He said he is not overly concerned with the 4 -foot side yard setback.
Board Member Hutchinson noted that reducing the home by 4 inches would require
building plans to be modified and might be difficult. Mr. Kelly noted that he can modify
his plan and build the home to meet the 4 -foot side yard back on both sides.
Motion by Hutchinson, seconded by Cremer, to approve the special exception with the
condition that the house's foundation wall be built a minimum of 4 feet from the north and
south side property lines. Motion was approved by the following vote: Aye — McCoy,
Cremer, Hutchinson and Gibbs; Nay - None.
DOCKET 42 -13: Application of Diana and Mark Huggins, 1820 Hale Street, for a
Conditional Use Permit to operate a home based dog training business.
Diana Huggins, 1820 Hale Street, noted that she would like to conduct dog training at
her home. She said that she would be training dogs to help assist individuals with
medical disabilities. She specifically noted that the dogs can help detect low blood
sugar levels for diabetic individuals, and help assist those people who suffer from
rheumatoid arthritis. She indicated that she has a large, secluded back yard.
Board Member Gibbs expressed concerns with barking dogs. Mrs. Huggins said that
one of her services is to train dogs to stop barking. She noted that dogs will be staying
at her house for two to three days at a time.
Board Member Cremer asked Mrs. Huggins if she has any dogs of her own. Ms.
Huggins indicated she owns four dogs. She said that in addition to her four dogs, there
may be two dogs staying overnight during the training periods.
Richard Kelly, 2090 Hale Street, noted that he lives down the block from the subject
property. He said that he is concerned that the property may begin to resemble a
kennel. He said he has no objections to the dog training business; however, he wants
to know how the rules would be enforced if the business were to be in violation.
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November 21, 2013
Page 4
Mrs. Huggins said that she understands the neighbor's concerns, but, that she is not
going to be running a kennel. She said that she keeps her place clean.
Amy Hartwick, Galena, Illinois, said she is in the process of having one of her dogs
trained by Ms. Huggins. She noted that the dog will assist a friend with rheumatoid
arthritis. She said that Mrs. Huggins provides a great service by training dogs to help
assist people with medical conditions.
Staff Member Hemenway presented the staff report. He explained why a home -based
dog training business requires a conditional use permit. He said that it is approximately
200 feet from the rear of the applicant's house to the rear property line. He noted that
the applicant's rear yard abuts Washington Jr. High's athletic field. He said that the City
Health Department regulates barking dogs. He said if dogs are barking the neighbors
can contact the Animal Control Officer. He said that the property owner will usually be
warned about the barking dogs, and if the disturbance continues, a citation may be
issued. Staff noted that there is no limit on the number of dogs that a resident can
have. He said that the Board has the ability to establish any conditions they feel are
necessary to help mitigate any concerns they may have. He said that they can limit the
number of dogs allowed outside of the home and require that the yard be kept free of
animal waste.
Mrs. Huggins said that she has spoken with her neighbors and noted that many of them
did not realize that she had four dogs.
Staff Member Hemenway said that all property owners within 200 feet of the subject
property were notified.
Board Member Cremer said that typically he would be concerned with a home -based
dog training business because of the potential for barking dogs. He noted that the
applicant has spoken with the adjacent property owners and there is relatively little
neighborhood opposition to her request.
Motion by Gibbs, seconded by Cremer, to approve the Conditional Use Permit as
submitted. Motion was approved by the following vote: Aye— McCoy, Cremer, Hutchinson
and Gibbs; Nay - None.
DOCKET 43 -13: Application of Peter Otterbeck, 719 Hill Street, for a Special Exception
to build an addition 7 feet from the front property line and 0 feet from the north side
property line, 20 feet and 4 feet minimum required respectively, in an R -3 Moderate
Density Multi - Family Residential zoning district.
Peter Otterbeck, 719 Hill Street, explained his building project to the Board. He said
that he was not aware of the required side yard setback.
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November 21, 2013
Page 5
David Krier, 662 W. 8th Street, said that he is not opposed to the building project but
that he has concerns about excavation that has caused water damage and undermines
his property. He said that he wants Mr. Otterbeck to resolve the drainage problem.
Staff Member Wernimont discussed the property's configuration, noting ownership of
adjacent lots.
Mr. Otterbeck said that he will install drain tile to help resolve the drainage problems
between the two properties. Mr. Krier said he owns a five -foot strip along the side of his
property. The Board said they were encouraged that Mr. Otterbeck is willing to work
with the neighbor to resolve the drainage issue.
Staff Member Wernimont outlined the staff report. He discussed the building
configuration, lot layout, and ownership of adjacent properties. He reiterated the
request for a waiver of the required setbacks. He explained that the applicant is
building on top of an existing limestone foundation which already encroaches into the
required setback. He recommended that, if approved, the Board require that storm
water from the addition be directed away from adjacent property. He noted that storm
water management issues between the adjoining properties are a private matter.
Motion by Gibbs, seconded by Cremer, to approve the Special Exception with the condition
that storm water from the addition be directed away from the adjacent property. Motion
was approved by the following vote: Aye — McCoy, Cremer, Hutchinson and Gibbs; Nay -
None.
DOCKET 35 -13: Application of Douglas Blong and Elaine Reiss, 2501 Harriet Street,
for a Special Exception (reconsideration) to build a detached garage 8' from the front
property line, 20' minimum required, for a total of 1,625 square feet of accessory
buildings, 1,000 square foot maximum permitted and 18% feet in height, 15 feet
maximum permitted in an R -1 Single - Family Residential zoning district.
Doug Blong outlined his request for the Board. He apologized for not including the
porch on the detached garage with his previous request.
No one spoke in opposition to the request.
Staff Member Hemenway noted that Mr. Blong submitted the final design plans that
included a porch at the previous meeting, after notification was mailed to the adjacent
property owners. He noted that the additional square footage includes a storage shed
that was overlooked and the proposed attached porch.
Motion by Gibbs, seconded by Cremer, to approve the Special Exception as submitted.
Motion was approved by the following vote: Aye — McCoy, Cremer, Hutchinson and Gibbs;
Nay - None.
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November 21, 2013
Page 6
DOCKET 33 -13: Application of Susan Caspar, 40 Milwaukee Street, for a Special
Exception (reconsideration) to build a detached garage 1 foot from west side property
line, 3 feet required, and zero feet from the rear property line, 6 feet required for a legal
non- conforming house located in an LI — Light Industrial zoning district.
Susan Caspar outlined her request. She said that she would like to build 3 feet 9
inches from the paved portion of the alley. Ms. Caspar submitted an aerial photo that
she said was provided to her by the City Assessor's Office.
Vice Chairperson McCoy asked for public input.
Roger Gartner, 47 E. 32nd Street, said that the exact location of the property line is not
clear. He said that he would be opposed to any reduction of the required 6 -foot setback.
He said that all the garages in the alley were built at the minimum setback as required
by ordinance at the time of their construction.
Staff Member Wernimont outlined the special exception request, noting that the
applicant is requesting to build 1 -foot from the side property line and 0 -foot from the
rear property line. He discussed the location of property pins on the lot directly across
the alley from the subject property. He noted that the alley is 20 -feet wide, and that by
measuring from those pins, the location of the rear lot line does not agree with the lot
line as indicated by Ms. Caspar. He noted that as conflicting information is being
provided regarding the location of the property lines, he recommends that the Board
require a survey to clearly establish the lot lines. He said that the garage on the
adjacent lot to the west is approximately 6 feet from the rear property line and that the
garage on the adjacent lot to the east is approximately 3 feet from the rear property
line.
The Board discussed the request and agreed that a survey should be required in order
to clearly establish the lot lines. They discussed the adjacent garages and their
proximity to the rear property line. They noted that several garages along the alley are
built three feet from the rear property line and that included the garage located directly
across the alley from the subject lot. They said that they felt that a three foot setback
would not be out of character with the neighborhood and would meet the criteria
necessary for granting a special exception.
Motion by Gibbs, seconded by Cremer, to approve the Special Exception with the condition
that a property survey be required prior to construction and that the garage foundation be
located a minimum of 3 feet from the rear property line. Motion was approved by the
following vote: Aye — McCoy, Cremer, Hutchinson and Gibbs; Nay - None.
DOCKET 44 -13: Application of Randy Dolter, 2794 University Avenue, for a Variance
to allow a 136.5 square foot wall- mounted sign and a 102 square foot wall- mounted
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November21, 2013
Page 7
sign, 100 square foot maximum permitted per sign for each tenant located in a multi -
tenant building in a C -3 General Commercial zoning district.
Keith Wolff, Dubuque Sign Company, introduced Randy Dolter. Mr. Wolff outlined the
sign variance request, noting issues with topography and the distances from adjoining
streets to the building.
Board Member Gibbs asked if the proposed sign is to be illuminated. Mr. Dolter noted
that the sign will be internally illuminated, and that it can be turned off at night. He said
that they are building an energy efficient building and it would make sense to turn the
sign off at night to conserve energy.
No one spoke in opposition to the request.
Staff Member Wernimont reiterated the variance request. He noted that the property
accommodates a multi- tenant building which limits the amount of wall- mounted
signage. He said the site is allowed multiple freestanding signs.
The Board asked Mr. Dolter if he intends to install a freestanding sign. Mr. Dolter
indicated that he would install a freestanding sign; however, he said that it will not be as
large as the 300 square feet allowed.
Board Member Gibbs noted that he had concerns with the visual clutter of signs but is
sympathetic because of the topography of the site and the distance of the building from
Dodge Street.
Motion by Gibbs, seconded by Cremer, to approve the sign variance as submitted. Motion
was approved by the following vote: Aye — Cremer, Hutchinson and Gibbs; Nay — None;
Abstain - McCoy.
DOCKET 45 -13: Application of Abby Leib, 2184 St. John Drive, for a Conditional Use
Permit to allow the keeping of 4 hens in an R -1 Single - Family Residential zoning
district.
Abby Leib, 2184 St. John Drive, noted that she is applying for a Conditional Use Permit
to have 4 hens on her property.
Staff Member Hemenway distributed a letter of opposition submitted by a surrounding
property owner. He distributed photos of the site to the Board. He reiterated the
request, and explained the conditions required for the keeping of hens. He said that a
coop is required to be located a minimum of 10 feet from the nearest property line and
50 feet from the nearest residence noting that the existing coop is located 10 feet from
the property line and 85 feet from the nearest residence. He discussed that the letter of
opposition that was submitted noting concerns with waste from chickens and the
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November21, 2013
Page 8
ramshackle appearance of the chicken coop. He said that the chicken coop consists of
a fenced in area with a tarp tied over the top. He noted that the Board can choose to:
1) Approve the request as submitted;
2) Approve the request with conditions; or
3) Table the request and require that the applicant submit a more aesthetically
pleasing coop design.
The Board discussed the size, location and appearance of the chicken coop. They said
that they felt that it would be better if a more permanent and visually appealing coop
was constructed.
Zoning Enforcement Officer Charlie Miller noted that he received a complaint from
adjoining property owners about chickens running freely in the neighborhood. He noted
that City regulations require all animals to be securely contained on -site.
Ms. Lieb said that the entire structure has been completely enclosed with fencing and
tarps.
The Board discussed the chicken enclosure and coop design. Vice Chairperson McCoy
noted that he is okay with the design of the structure and that it meets the requirement
for the setbacks.
Motion by Cremer, seconded by Gibbs, to table the conditional use permit request and
require that the applicant return to the Board with a more substantial and aesthetically
appropriate chicken coop design. Motion was approved by the following vote: Aye —
McCoy, Cremer, Hutchinson and Gibbs; Nay - None.
ITEMS FROM STAFF: None.
ITEMS FROM BOARD: None.
ITEMS FROM PUBLIC: None.
ADJOURNMENT: The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted