Minutes_Zoning Board of Adjustment 12 19 13Dubuque
THE CITY OF littd
DUB E Ire
Masterpiece on the Mississippi r,:.WI)
-Tg.N
MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
4:00 p.m.
Thursday, December 19, 2013
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Eugene Bird, Jr.; Board Members Jeff Cremer,
Bill Gibbs and Jonathan McCoy; Staff Members Guy Hemenway and Wally Wernimont.
Board Members Excused: Board Member Heath Hutchinson.
CALL TO ORDER: The meeting was called to order by Chairperson Bird at 4:04 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 November 21, 2013 Zoning Board of Adjustment meeting
were approved unanimously as submitted.
Docket 45 -13: Application of Abby Leib, 2184 St. John Drive, for a Conditional Use Permit
(tabled) to allow the keeping of 4 hens in an R -1 Single - Family Residential zoning district.
Abby Leib, 2184 St. John Drive, stepped to the podium and offered to answer any
questions from the Board. Chairperson Bird asked Staff Member Hemenway to summarize
the events of the last meeting regarding the Conditional Use Permit request. Staff Member
Hemenway noted that at the previous Board meeting, Board members stated that they
were not concerned with the keeping of hens on the subject lot. However, they had
concerns regarding the somewhat ramshackled design of the chicken coop. He noted that
the Board has asked Ms. Leib to submit a chicken coop design for their review.
Ms. Leib distributed a photo of the coop design she had chosen. Board Members reviewed
the coop design and stated that it appeared to be substantial and keeping with what they
intended.
Commissioner McCoy asked about the dimensions of the coop. Ms. Leib said it was
approximately 3 feet wide by 10 feet long.
No one spoke in opposition to the request.
Zoning Board of Adjustment
December 19, 2013
Page 2
Board Members felt that Ms. Leib put forth a good faith effort to come up with a good
design, and stated they were willing to approve the design as submitted.
Motion by McCoy, seconded by Gibbs, to approve the keeping of four hens in an R -1
Single - Family Residentail district subject to the chicken coop design as submitted. Motion
was approved by the following vote: Aye — McCoy, Cremer, Gibbs and Bird; Nay — None.
Docket 46 -13: Application of Martin Bahl, 7405 Asbury Road, for a Special Exception to
subdivide a lot placing a house on a one -acre parcel, ten -acre minimum required, in an AG
Agricultural zoning district.
Terry Koelker, Buesing & Associates, said that he represented the Bahls. He said Martin
Bahl's intent is to subdivide the property, separating the house and placing it on its own lot.
Commissioner McCoy asked why the agriculturally zoned property was being split. Martin
Bahl explained that the property is owned by the family partnership, and he would like to
separate the house from the partnership property, so that he can pass the estate along to
his wife without any encumberances.
Staff Member Hemenway presented the staff report, and explained the regulations
regarding subdivision of agricultural property.
Board Members discussed the request and felt that it was appropriate.
Motion by McCoy, seconded by Cremer, to approve the subdivision of a lot placing the
house on a one -acre parcel, 10 -acre minimum required, in an AG Agricultural District.
Motion was approved by the following vote: Aye — McCoy, Cremer, Gibbs and Bird; Nay —
None.
Docket 47 -13: Application of Terrence Bahl, 7615 Asbury Road, fora Special Exception
to subdivide a lot placing a house on a one -acre parcel, ten -acre minimum required, in an
AG Agricultural zoning district.
Terry Koelker, Buesing & Associates, said that Mr. Bahl had built a single - family home on a
large agricultural property. He said Mr. Bahl's intent is to subdivide the property placing the
house on its own one -acre lot for legal purposes to separate it from the partnership.
No one spoke in opposition to the request.
Terrence Bahl, 7615 Asbury Road, said that the current property is owned by a separate
partnership, and that he would like to place the house on a separate lot for single -
ownership purposes.
Board Members discussed the request and felt it was appropriate.
Zoning Board of Adjustment
December 19, 2013
Page 3
Motion by McCoy, seconded by Cremer, to approve the subdivision of the lot placing the
house on a one -acre parcel, 10 -acre parcel minimum required in an AG Agricultural
District. Motion was approved by the following vote: Aye — McCoy, Cremer, Gibbs and
Bird; Nay — None.
Docket 48 -13: Application of Robert Klauer /IIW, P.C. for a Variance for property located
at 422 & 430 Garfield Avenue to construct a loading dock roof 10 feet from the front
property line, where 20 feet is required in a CS Commercial Service zoning district.
Mike Jansen, IIW Engineering, said that he represents Robert Klauer as Project Engineer.
He said that as part of the Bee Branch project, the City is acquiring a portion of the Klauer
property. He said that removal of the existing building will require reconfiguration of the
buildings and a shift of the loading dock. He said that Mr. Klauer's intention is to cover a
portion of the loading dock to protect it from the weather.
Staff Member Wernimont discussed the property acquisition and building reconfiguration
necessary to accommodate the Bee Branch Project. He said that Mr. Klauer's intent is to
shift the loading dock and build a cover for the entrance. He discussed the building
configuration and the neighboring properties and land use.
Board Members discussed the request and felt it would have very limited impact on public
safety or adjacent commercial properties.
Motion by McCoy, seconded by Gibbs, to approve the request as submitted. Motion was
approved by the following vote: Aye — McCoy, Cremer, Gibbs and Bird; Nay — None.
Docket 49 -13: Application of Robert Klauer /IIW, P.C. for a Variance for property located
at 422 & 430 Garfield Avenue to allow a home furnishing sales /warehouse with a deficit of
10 off - street parking spaces in a CS Commercial Service zoning district.
Mike Jansen, IIW Engineering, said that Mr. Klauer's intention is to build an addition at
the rear of the existing property to replace the floor area lost by acquisition and
demolition of the existing building for the Bee Branch Project.
Staff Member Wernimont described how parking requirements are calculated, noted the
credit given for the former use, demand of the existing use, and the resulting 10 -space
deficit. He noted that the removal of some of the existing parking area will be
necessary to accommodate the building addition and property reconfiguration. He
discussed the number of spaces on the subject property, and stated that there is an
abundance of adjacent on- street parking.
Board Member McCoy expressed concerns with the potential impact on the adjacent
on- street parking.
Zoning Board of Adjustment
December 19, 2013
Page 4
Staff Member Wernimont qualified the City -owned and leased parking area, noting that
there was no guarantee that the proposed parking would be available in perpetuity for
the Klauer property. Board Member McCoy asked staff to explain how parking
requirements were calculated. Staff Members Hemenway and Wernimont discussed
parking calculations, noting that it is not an exacting science. In response to concerns
expressed by the Board, Mr. Klauer noted that he has been in the new building since
2002, and that there is relatively minor demand for on- street parking. He said that he
may only have a few retail clients visit his building at one time.
Board Members discussed the request and felt that the hardship was not created by Mr.
Klauer, and that the proposed parking variance should have very limited impact on the
neighborhood.
Motion by McCoy, seconded by Gibbs, to approve the parking variance as submitted.
Motion was approved by the following vote: Aye — McCoy, Cremer, Gibbs and Bird; Nay —
None.
ITEMS FROM STAFF: None.
ITEMS FROM BOARD: None.
ITEMS FROM PUBLIC: None.
ADJOURNMENT: The meeting adjourned at 4:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted