Minutes Zoning Brd of Adjust 2 22 07ZONING BOARD OF ADJUSTMENT
Thursday, February 22, 2007 ~ '`'~ ,:
4:00 p.m. ~ .r~
Majestic Room, Five Flags Civic Center
4th & Main Streets, Dubuque, Iowa
PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer Jim ~Jrell, -- ;
Bill Gasper, and Bill Gibbs; Staff Members Guy Hemenway and
Wally Wernimont.
ABSENT: None. _ .
CALL TO ORDER: The meeting was called to order by Chairperson Ruden at 4:00 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
DOCKET 75-06: Application of James Beining for a special exception (tabled from the
January 25, 2007 meeting) for property located 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.
Mr. Beining described the project and said the garage is necessary to store equipment
for property maintenance and motor home storage. He said he would remove the
existing lean-to, build the garage addition, and then re-attach the lean-to. He said that
the garage will be clad in materials similar to his home.
Staff Member Wally Wernimont distributed photos of the site to the Board. The Board
discussed the lot and the building configuration.
Staff Member Wernimont outlined the staff report. He reiterated Mr. Beining's request
and said that neighbors who have contacted him did not express any concerns. He
explained this is a large tract of land with a portion of it located in the flood plain. He
recommended that, if approved, the Board require the applicant to obtain a flood plain
development permit from the City.
Motion by Urell, seconded by Gasper, to approve the special exception, with the
condition that the applicant obtain a flood plain development permit from the City.
Motion carried by the following vote: Aye -Ruden, Klauer, Urell, Gasper and Gibbs;
Nay -None.
DOCKET 04-07: Application of David Schachterle, Signs and DesignlTandem Tire and
Auto Service, Inc. (tabled from the January 25, 2007 meeting) for properly located at
400 Harrison Street (245 Railroad Avenue), to place 29 wall-mounted signs on a
commercial building, six wall-mounted signs maximum permitted, with 908 square feet
Minutes -Zoning Board of Adjustment
February 22, 2007
Page 2
of aggregate sign area, 360 square feet maximum permitted, in an LI Light Industrial
zoning district.
Mark Griffin, representing Tandem Tire, noted that he would like to have 15 signs on the
east facade of the building totaling 390 square feet, and two signs on the rear facade of
the building, totaling 322 square feet. Mr. Griffin presented photos of the site to the
Board.
Staff Member Hemenway presented an aerial photo of the site to the Board. The Board
reviewed the materials.
The Board asked what signs have been removed from the facade of the building. Mr.
Griffin said he removed the banner, the Cordovan, the American Car Care, and the
National Wide Warranty signs from the front of the building. Chairperson Ruden referred
to a photo and asked where it was taken. Mr. Griffin noted that the photo was taken
from the sidewalk at Hy-Vee on Harrison Street. Chairperson Ruden explained that it is
difficult to read the signs from that distance.
Board Member Urell asked for a clarification of the sign variance request. Staff Member
Hemenway noted that according to what has been presented at the meeting, the
request has been downsized from 29 wall-mounted signs to 15wall-mounted signs on
the front for 390 square feet, and two wall-mounted signs on the rear for 322 square
feet, for a cumulative total of 17wall-mounted signs at 712 square feet.
Staff Member Hemenway presented the staff report. He explained that the Zoning
Board of Adjustment reviewed this request at the January 2007 meeting. He explained
that the property was granted a sign variance in 1993. He explained that illegal signs
were installed on the property/building without receiving a sign permit. He explained
that the proposed request is a variance in the number of signs and total square footage
of signage. He said the intent of the ordinance is not to encourage signs that advertise
all brands and goods in the building, but to identify the name of the business and it's
primary product. He explained that Hy-Vee, located across the street from the subject
property has six signs and meets the sign requirements. He recommended that the
Board review the criteria for granting a variance.
Board Member Urell asked if the request is denied, would the business revert to their
original sign variance granted in 1993. Staff Member Hemenway said that if the
variance were denied, the business would be bound by the sign variance granted in
1993.
The Board reviewed the criteria for granting a variance. Board Member Gasper said
that he did not feel that the application meets:
Minutes -Zoning Board of Adjustment
February 22, 2007
Page 3
Criterion 1) The particular property because of size, shape, topography or other physical
conditions, suffers singular disadvantage through the application of this ordinance,
which disadvantage does not apply to other properties in the vicinity; and
Criterion 4) Granting the variance request will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in the
same district; and
Criterion 5) Granting of the variance will not be contrary to the public interest, will not
adversely affect other property in the vicinity, and will be in harmony with the intent and
purpose of this ordinance.
Board Member Urell concurred with Board Member Gasper, stating he felt that the signs
do not meet the hardship requirement.
Motion by Urell ,seconded by Gasper, to approve the sign variance as submitted.
Motion was denied by the following vote: Aye - Klauer; Nay - Ruden, Urell, Gasper and
Gibbs.
DOCKET 05-07: Applicant of John Tramner, IIW Engineers & Surveyors, for a variance
for property located near the northwest corner of College and West 3~d Streets, to create
a lot with 44.47 feet of frontage and 3,958 square feet of lot area, 50 feet and 5,000
square feet required, in an ID Institutional District.
Dennis Benda, 350 N. Grandview Avenue, represented the Finley Hospital. He
explained that IIW Engineers & Surveyors were retained to create a subdivision plat of
the lot. He explained that the Finley Hospital wants to purchase the property adjacent
to the water tower located on West 3~d Street. He said the Finley Hospital has leased
the property from the City of Dubuque so they can place their health education trailer on
the site. He explained that they would now like to purchase the land from the City,
remove the building, and expand the driveway access to their dock area.
No one spoke in opposition to the request.
Staff Member Wernimont outlined the staff report. He said that the Finley Hospital is in
the process of purchasing the land from the City to widen their driveway access for their
loading dock area. He said that he has received four phone calls from neighbors in the
immediate vicinity. He said they stated that there is a safety issue with the current
driveway access and they are not opposed to the variance request. He said Staff
recommends that, if approved, the proposed lot be used for improved driveway access
only.
The Board discussed the request.
Minutes -Zoning Board of Adjustment
February 22, 2007
Page 4
Motion by Urell, seconded by Gasper, to approve the variance with the condition that
the lot be used for improved driveway access only. Motion carried by the following vote:
Aye -Ruden, Klauer, Urell, Gasper and Gibbs; Nay -None.
DOCKET 06-07: Application of Wal-Mart Stores/Sam's Club/ARC Design Resources,
for a variance for property located at 4400 Asbury Road, to erect a 50-foot high
freestanding sign, 35 feet high maximum permitted, in a PC Planned Commercial
District.
Bill Hoyt, ARC Design, explained the variance request to the Board. He noted the
height of the proposed sign. He explained that the increase in height is to improve the
signs visibility to vehicular traffic. Mr. Hoyt referred to a photo that was included in the
Board's packet. He said the photo showed a boom truck which would indicate the
height of the proposed sign.
Staff Member Hemenway presented the staff report. He explained that Sam's Club
wrote the sign regulations for their Planned Unit Development ordinance for the site.
He said that if this property was zoned C-3 General Commercial and Wholesale District,
it would be allowed a higher sign height. He explained the topography of the site and
noted that site visibility is obscured by the Alliant substation. He explained that there
are also two out-lots that have yet to be built on that will somewhat obscure the visibility
of the sign. He explained that the applicant's options are to either apply for a sign
variance or to amend their district regulations.
The Board reviewed the request and felt that the applicant met the criteria for granting a
variance.
Motion by Klauer, seconded by Gibbs, to approve the sign variance as submitted.
Motion carried by the following vote: Aye -Ruden, Klauer, Gasper and Gibbs; Nay -
None; Abstain - Urell.
Chairperson Ruden noted that he would like to hear Docket 07-07 and Docket 08-07
simultaneously.
DOCKET 07-07: Application of Gary Carver for a conditional use permit for property
located at 2501 Jackson Street to open a licensed child care center, with a maximum of
four employees and 20 children, in an R-2A Alternate Two-Family Residential zoning
district.
Renee Krier, 2900 Brunswick, represented Gary Camer. She explained that he would
like to use the property for a licensed child care center.
Staff Member Hemenway distributed photos of the site to the Board. He explained that
the child care center would be for 20 children and four employees. He explained that
Minutes -Zoning Board of Adjustment
February 22, 2007
Page 5
the structure was previously used as a church and that there are several parking credits
associated with the building. He explained that although there are parking credits
associated with the church, the hours of operation for a child care center are different
than a church. He explained that because the criteria established in the R-2A district
regulations explicitly state that the parking group requirements for a daycare be met, a
parking variance is necessary. He distributed a letter of support from an adjacent
property owner. Staff Member Hemenway recommended that, if approved, that the
applicant request approval from the City Council for spick-up/drop-off lane for the child
care center.
Motion by Urell, seconded by Klauer, to approve the conditional use permit with the
condition that the applicant request approval from the City Council for adrive-up/drop-
off lane. Motion carried by the following vote: Aye -Ruden, Klauer, Gasper and Gibbs;
Nay -None; Abstain - Urell.
DOCKET 08-07: Application of Gary Carner for a variance for property located at 2501
Jackson Street to allow operation of a licensed child care center with a deficit of four off-
street parking spaces in an R-2A Alternate Two-Family Residential zoning district.
The Board discussed the request during Docket 7-07 and felt it met the criteria for
granting a variance.
Motion by Urell, seconded by Klauer, to approve the parking variance as submitted.
Motion carried by the following vote: Aye -Ruden, Klauer, Urell, Gasper and Gibbs;
Nay -None.
MINUTES & NOTICES OF DECISION: The minutes of the January 25, 2007 meeting
and Notices of Decision for Dockets 1-07 and 2-07 were reviewed and approved
unanimously as submitted.
ADJOURNMENT: The meeting adjourned at 5:05 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner Adopted