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Minutes Zoning Brd of Adjust 01_25_07 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, January 25, 2007 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 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 at 4:00 p.m. DOCKET 75-06: Application of James Beining for a special exception (tabled from the December 21st meeting) for property located at 1658 Manson Road 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 tabled the request. Motion by Urell, seconded by Klauer, to table the request. Motion carried by the following vote: Aye – Ruden, Klauer, Urell, Gasper and Gibbs; Nay – None. DOCKET 01-07: Application of Todd Queck, Queck Capital Management for a special exception for property located at 767 S. Grandview Avenue to add a front porch 3 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Todd Queck, 11893 Deer Valley Road, said that he is the property owner of 767 S. Grandview Avenue. He said that the porch will be relatively small and not enclosed. Staff Member Wernimont outlined the staff report, noting that the porch would be an open design and will not block the view from adjacent properties or driveways. He stated that the Building Department will require that the footings for the porch be exposed so that they can be inspected. Board Members discussed the request, and felt that it met the criteria for granting a special exception. Motion by Urell, seconded by Gibbs, to approve the special exception request as submitted. Motion carried by the following vote: Aye – Ruden, Klauer, Urell, Gasper and Gibbs; Nay – None. Minutes – Zoning Board of Adjustment January 25, 2007 Page 2 DOCKET 02-07: Application of Gary Carner for a special exception for property located at 2501 Jackson Street to subdivide a parcel creating a 7,000 square foot lot, 20,000 square feet minimum required for a church, in an R-2A Alternate Two-Family Residential zoning district. Renee Krier, 2900 Brunswick Street, said that she represents Gary Carner, the applicant. th She discussed the request to subdivide the property at 2501 Jackson Street and 103 E. 25 Street to create two separate lots. She stated that one lot would accommodate the church structure and the other would accommodate an existing residence. She said that Mr. Carner would like to sell the properties separately. The Board discussed subdivision of the lot. They noted that the three-foot setback would still be maintained for both structures. Dave Link, 10282 Morning Dove Lane, stated that he is the business owner at 2497 Jackson Street. He stated concerns with parking. He asked if the church were to be reopened, if there would be adequate parking. Staff Member Hemenway presented the staff report. He noted that the request is to subdivide the property to create a separate lot for both the residence and the church. He said that the church is grandfathered regarding its parking requirements and subdivision of the lot should not affect that status. He said that the lot that the house will be on is compliant with R-2A District regulations, but that the newly created lot for the church will not be compliant because churches are required to have a minimum of 20,000 square feet of lot area. He said the 20,000 square foot requirement was established so that churches could provide the adequate amount of parking. However, he said this lot is already fully developed and the church is grandfathered. Board Member Klauer stated that the lot is currently non-compliant but that subdividing the lot would not generate any additional demand on parking. Board members discussed the request and decided that subdividing the lot would meet the criteria for granting a special exception. Motion by Klauer, seconded by Urell, to approve the request as submitted. Motion carried by the following vote: Aye – Ruden, Klauer, Urell, Gasper and Gibbs; Nay – None. DOCKET 04-07: Application of David Schachterle, Signs & Designs/Tandem Tire & Auto Service Inc. for property located at 400 Harrison Street (245 Railroad Avenue) for a variance to place 29 wall-mounted signs on a commercial building, 6 wall-mounted signs maximum permitted, in an LI Light Industrial zoning district. Mark Griffin, stated that he represents Tandem Tire and American Car Center at 400 Harrison Street. He noted that his business had applied for a variance request in the past for the number of signs. He said he felt that the signs along the painted stripe in the front of the building constituted one sign. He stated that he would like the additional signage to improve Minutes – Zoning Board of Adjustment January 25, 2007 Page 3 visibility from Highway 61 and Locust Street, and that because of the commercial nature of the building, the additional signage is appropriate. He said that he was trying to eliminate the blank warehouse look for the building and make it look more commercial in nature. He discussed the ability to remove several of the existing signs and limit the number to 23 signs. Board Member Urell asked why the signs were placed on the building without proper approval. Mr. Griffin said that there was a misunderstanding regarding the number of signs placed on the building. Board Member Klauer said he feels that because of the size of the building the variance request may be appropriate. Board Members noted that the original variance in 1997 was approved for 15 signs. Board Members and the applicant discussed reconfiguring the signage by removing some of the signs on the north and west walls. Dave Schachterle, Signs & Designs from Cedar Falls, said that the signs could be grouped into one sign; however, he felt that for aesthetic purposes, the signs being spread out along the sign banner looked more appropriate. He stated that the painting and banding on the building tied the building together. Chairperson Ruden stated that the total number of signs looked cluttered. He stated that a reader board would provide multiple advertising opportunities without covering the entire building with signage. Staff Member Hemenway reviewed the staff report. He noted that the variance permitted in 1997 was specific and that the number of signs and square footage of sign area permitted was clearly established. He stated that the original variance allowed 15 signs not to exceed 360 square feet of aggregate sign area. He noted what signs were approved, referring to a photograph with the numbered signage. He stated that the additional signage placed on the building was illegal because it was in excess of that allowed by the variance and was installed without a sign permit. He said that the purpose of the sign permit process is to allow the City to review the proposed installation prior to the work being completed to avoid the kinds of problems that the applicant is now experiencing. Staff Member Hemenway noted there are multiple styles of signs placed on the building and in the parking lot some of which are temporary and many of which are illegal. He stated that the intent of the sign ordinance is to allow for a large freestanding sign to advertise the business name and location and also two wall mounted signs per frontage, or six smaller signs, to identify the building entrances. He stated that the sign ordinance provided for multiple frontages by allowing two signs per frontage. He said that the sign ordinance allows flexibility by enabling a business owner to advertise the goods, services and location to not only those people in the parking lot but to adjacent streets. He said that the multiple small signs located on the building are not legible from adjacent streets or the highway. He said the intent of the large freestanding sign permitted in this district is to attract attention from adjacent streets and the highway. Minutes – Zoning Board of Adjustment January 25, 2007 Page 4 Board Member Gibbs said that the colored band and paint scheme approve the aesthetic quality of the building itself. Board Member Klauer noted that three of the signs on the north wall are located on a building that is on a separate lot. Board Members discussed the sign variance, including the square footage and number of signs. Board Members and the applicant discussed the request, noting that the increased signage would be from the currently permitted 15 signs to 23, and that the square footage would be in excess of the 360 square feet allowed. The Board asked that the applicant reduce the number and square footage of signs and resubmit a modified variance request for the February meeting. Board Members asked the applicant if he would agree to table the request and resubmit. Mr. Griffin said that he would be willing to table the request and resubmit a reduced sign variance. Motion by Klauer, seconded by Urell, to table the request with the requirement that the applicant submit a modified sign request for the February 25, 2007 meeting. Motion carried by the following vote: Aye – Ruden, Klauer, Urell, Gasper and Gibbs; Nay – None. MINUTES & NOTICES OF DECISION: The minutes of the December 21, 2006 meeting and Notices of Decision for Dockets 65-06 and 74-06 were approved unanimously as submitted. ITEMS FROM STAFF : Staff Member Kritz discussed the Unified Development Code Survey with Board Members and asked for their input. He noted their input regarding variance and conditional use applications and sign requirements. ADJOURNMENT: The meeting adjourned at 5:45 p.m. Respectfully submitted, ______________________ Kyle L. Kritz, Associate Planner Adopted