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Minutes Zoning Board_Adjustment 3 22 07F~ErF~~~FD 07 APR I t AM 7~ 4 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Wednesday, March 22, 2007 7 4:00 p.m. Auditorium, Carnegie Stout Library ~~, 4 I -Y 4 .; ~ a ~ c~ , ~ -:: ryr ..~~ ti*~ A;,: City Clerk's Office 360 W. 11th Street, Dubuque, Iowa Dubuque, IA PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, and Bill Gasper; Staff Members Guy Hemenway and Wally Wernimont. ABSENT: Board Member Bill Gibbs. 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 by Chairperson Ruden at 4:00 p.m. ELECTION OF OFFICERS: Motion by Urell, seconded by Klauer, to approve Mike Ruden as Chairperson. Motion was approved by the following vote: Aye -Klauer, Urell, and Gasper; Nay -None; Abstain -Ruden. Motion by Ruden, seconded by Gasper, to approve Jim Urell as Vice Chairperson. Motion carried by the following vote: Aye -Klauer, Gasper and Ruden; Nay -None; Abstain Urell. DOCKET 9-07: Application of Gary Carner for a conditional use permit for property located at 460-464 W. Locust Street to allow a church in a C-1 Neighborhood ,Commercial zoning district. Pastor Shawn Baldwin of the Apostolic Baptist Church reviewed his application with the Board. He explained that they hold bible class from 12 - 1:30 p.m. on Tuesday and Thursday, and services on Sunday. He explained that there are 5-6 attendees for the bible classes that use three on-street parking spaces. He explained that they are in the process of looking for a larger facility for their church. Dave Hoffman, owner of the White House Tavern at 450 W. Locust Street, spoke in opposition to the request. He explained that his lunch hour business has declined since October and felt this was directly related to the on-street parking availability in the neighborhood. The Board asked Mr. Hoffman if he had off-street parking for his business. Mr. Hoffman said that he has no off-street parking. Pastor Baldwin said that the church has been in operation at 460-464 W. Locust Street since June 2006. He said that many of the people parking on the street are not members of his church. He explained that there are several people that park on the Minutes -Zoning Board of Adjustment March 22, 2007 Page 2 street that visit the adjacent apartment buildings. He said that he could tell his church members to park further down the street from 12-1:30 p.m. so as to not impact the lunch business at the White House. Board Member Klauer asked Pastor Baldwin if it is possible to change the hours of the bible class to an earlier or later time. Pastor Baldwin explained that the reason the bible classes are from 12-1:30 p.m. is because some of the attendees work at night and it is easier for them to attend the bible class from 12-1:30 p.m. He explained that all the on- street parking is available to the public, not just for specific businesses. He said that there was a retail business located in this space prior to the church. Staff Member Hemenway explained that there is a six-space parking credit for the retail use of the building. The Board discussed with Pastor Baldwin that the conditional use, as presented, would not meet the criteria for approval. The Board read the criteria for granting a conditional use permit. Chairperson Ruden explained that he has issues with parking in the area. He suggested that the applicant should monitor the on-street parking during the lunch hours and provide evidence to the Board that there is not a parking problem. The Board also discussed the possibility that in an effort to reduce parking demand during peak periods the operation of the church not take place from 11 a.m. -2 p.m. Monday thru Saturday. Staff Member Hemenway presented the staff report. He explained that there is a demand for on-street parking during the lunch hour at this location. He explained how the parking requirement is calculated for churches. The Board asked Pastor Baldwin if he would be okay with altering the time frame when the bible study class is conducted. Pastor Baldwin said he was willing to move the bible class hours. Motion by Urell, seconded by Klauer, to approve the conditional use permit with the condition that the church hours of operation will not be between 11 a.m. - 2 p.m. Monday through Saturday. Motion carried by the following vote: Aye -Klauer, Urell and Ruden; Nay -Gasper. DOCKET 10-07: Application of Rick Anderson/J & P O'Hara for a conditional use permit for property located at 1094 University Avenue to open acarry-out restaurant in a C-2 Neighborhood Shopping Center zoning district. Rick Anderson said that he wants to move his business from 1099 University Avenue across the street to 1094 University Avenue. He said the relocation of the business will improve the parking situation in the neighborhood. He said that he has an agreement with Adam's Sinclair for storage of his delivery vehicles. He explained that he has an agreement with Lincoln School for the use of their staff parking lot for employee parking after 5 p.m. He explained that this will create a safer traffic situation because his Minutes -Zoning Board of Adjustment March 22, 2007 Page 3 delivery vehicles currently back out of the parking spaces in front of 1099 University Avenue. Which will make traffic will flow more smoothly. He said at the new location his delivery drivers will pull into the parking lot at the rear of the facility off of Forest Lane. He explained that Happy Joe's will not have any dine-in and will be strictly carry- out/delivery. Staff Member Wernimont outlined the staff report. He discussed the parking and street configurations in the neighborhood. He recommended that, if approved, a condition be placed that requires the applicant to lease parking in the neighborhood. Mr. Anderson said that he currently leases more than 17 parking spaces. He explained that the peak staff hours are after 7 p.m. He said that during the early shift. There are fewer staff. Motion by Urell, seconded by Gasper, to approve the conditional use permit with the condition that the applicant continue to lease 17 parking spaces for employee vehicles within close proximity to his business. Motion carried by the following vote: Aye - Klauer, Gasper, Urell and Ruden; Nay -None. MINUTES & NOTICES OF DECISION: The minutes of the February 22, 2007 meeting and Notices of Decision for Dockets 75-06, 4-07, 5-07, 6-07, 7-07 and 8-07 were approved by the following vote: Aye - Klauer, Gasper, Urell and Ruden; Nay -None. ADJOURNMENT: The meeting adjourned at 4:37 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted