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.
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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