Minutes Zoning Board 12 21 06,
MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION ~
Thursday, December 21, 2006
4:00 p.m. ~~ ''
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill
Gasper, and Bill Gibbs; Staff Members 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 Chairperson Ruden at 4:05 p.m.
DOCKET 47-06: Application of Robert and Elizabeth Hnilo for a Special Exception
(reconsideration), 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 the applicant has submitted a letter stating he
would like to withdraw his application.
Motion by Urell, seconded by Gasper, to approve the withdrawal of Docket 47-06 as
requested by the applicant. Motion was approved by the following vote: Aye -Klauer,
Urell, Gasper and Ruden; Nay -None.
DOCKET 74-06: Application of Mark and Nancy Palmer, 3294 Spring Valley Road, for a
Special Exception to build an attached garage 8 feet from the front property line
(Kennedy Road), 20 feet required, in an R-1 Single-Family Residential zoning district.
NOTE: Commissioner Bill Gibbs arrived at 4:09 p.m.
Mark Palmer presented his request to the Board. He noted the location of the proposed
garage addition and visibility at the intersection. No one spoke in opposition to the
request.
Staff Member Wernimont presented the staff report. He reviewed the location of the
proposed garage and the visibility triangle at Spring Valley Road and Kennedy Road.
He recommended that, if approved, that access to the garage be limited to Spring
Valley Drive only.
Minutes -Zoning Board of Adjustment
December 21, 2006
Page 2
The Board reviewed the application, noting that the proposed garage addition would
have limited impact on the adjacent properties.
Motion by Klauer, seconded by Gibbs, to approve the special exception with the
condition that access to the garage be limited to Spring Valley Drive. Motion was
approved by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -
None
DOCKET 75-06: Application of James Beining, 1658 Manson Road, for a special
exception to build a 28 foot by 45 foot garage addition, for a total of 3,285 square feet
of accessory structures, 1,000 square feet permitted; 2 feet from the north side property
line, 6 feet required; 17 feet in height, 15 feet allowed, in an AG Agricultural zoning
district.
The applicant was not in attendance. The Board decided to table the application to the
next meeting.
Motion by Urell, seconded by Gibbs, to table Docket 75-06 to the next meeting. Motion
was approved by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden;
Nay -None.
DOCKET 65-06: Application of Wendell Corey, Motor City, LLC, Asbury Plaza
Business Park, for a conditional use permit (reconsideration) to allow fill to be placed in
a designated flood hazard area.
Wray Childers, IIW Engineers and Surveyors, said that he represented the Wendell
Corey Group. He explained that the Zoning Board of Adjustment reviewed and
approved a conditional use permit to place fill in the flood hazard area at a meeting in
October. He said that a condition of that approval was to receive Iowa Department of
Natural Resources and the Army Corps of Engineer approval. He stated that the Corps
of Engineers would require that an archeological investigation be conducted over the
entire site. He said that Wendell Corey has modified their plan to place fill only in a
small area at a stream crossing which will limit the archeological investigation. Mr.
Childers stated the IDNR and Corps of Engineers have reviewed the plan and have
approved it.
Judith Riniker, 17304 Hales Mill Road, Durango, Iowa, stated that she owns land (farm)
along Highway 52. She stated that she has issues with storm water runoff that runs
downstream into her property. She asked for clarification of the location of the fill.
Wray Childers noted that fill would only be placed across the Cloie Branch for a stream
crossing. He explained that water detention facilities will be located all over the site and
less storm water runoff will be running from the site once fully completed.
I
Minutes -Zoning Board of Adjustment
December 21, 2006
Page 3
The Board reviewed the conditional use permit and felt that it met the criteria.
Motion by Urell, seconded by Klauer, to approve the conditional use permit. Motion
was approved by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden;
Nay -None
MINUTES 8~ NOTICES OF DECISION: The minutes of the November 22, 2006
meeting and Notices of Decision for Dockets 69-06, 70-06, 71-06, 72-06 and 73-06
were approved unanimously as submitted.
ADJOURNMENT: The meeting adjourned at 4:55 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner
Adopted