Minutes Zoning Bd Adj 12 20 01 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
December 20, 2001
4:00 p.m.
ICN Room, 3"~ Floor, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
D FT
PRESENT:
ABSENT:
Chairperson Mike Ruden; Board Members Randy Klauer, Bill Gasper and Fred
Beeler; Staff Members Guy Hemenway and Kyle Kritz.
Commissioner Jim Urell.
AF~FIDAVIT 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 101-01: Application of Larry Miller/Delbert Miller for a Special Exception for property
located at the End of Kane Court to build a house 275 feet from the front prope!~'3/line, 50 foot
maximum required, in an R-1 Single-Family Residential zoning district.
Larry Miller, 3105 Kane Ct., outlined his request ~or the Board. He stated that he vacated a 12-1ot
subdivision and created one three-acre lot. He said he wants to build his house on the lot and will
pave the access from Kane Ct. to his garage.
Staff Member Kritz outlined the staff report, stating that the 275-foot setback is approximate and
said the house may be slightly closer to Kane Street. He said that he felt there would be little
impact on the adjacent property and as houses could have been built on all of the originally
platted lots.
Motion by Gasper, seconded by Beeler, to approve the request. Motion was approved by the
following vote: Aye - Klauer, Gasper, Beeler and Ruden; Nay - None.
DOCKET 102-0t: Application of Michael Maher, Tri-State Vietnam Veterans/City of Dubuque for
property located at Miller-Riverview Park for a Conditional Use Permit to construct three 20 foot by
20 foot pavilions in the flood plain, in a CR Commercial Recreation zoning district.
Michael Maher said he represents Tri-State Vietnam Veterans, and that they want to build three
20 by 20 foot picnic pavilions on the point and Riverview Park. He said the intention of these
structures was to be a living memorial for all veterans to use for various functions. He said the
structures would ultimately be dedicated to the City of Dubuque Park Department. He discussed
the various funding sources for the structures.
Staff Member Kritz outlined the staff report regarding floodway regulations. He discussed the
elevations of the subject property and typical flood depths for that area. He stated he felt that the
structures would not create a rise in floodwaters or cause additional problems downstream. He
said they will be storing no hazardous materials and the poles supporting the structure would be
Minutes -Zoning Board of Adjustment
December 20, 2001
p~age 2
the only part of the structures located in the floodplain. Board Member Gasper asked if there was
likely to be damage to the structures during flooding. Mr. Maher said that was unlikely.
Motion by Gasper, seconded by Klauer, to approve the conditional use permit. Motion was
approved by the following vote: Aye - Klauer, Gasper, Beeler and Ruden; Nay - None.
DOCKET 103-0'1: Application of James & Debbie Matheos for a Special Exception for property
located at 290 S. Grandview Avenue, to build a front pomh and rear porch 2 feet 6 inches from the
north side property line, 6 feet required, in an R-1 Single-Family Residential zoning district.
James Matheos reviewed with the Board his request to build a new front porch stating that it will
wrap around the structure to the south side of the house. He stated that the pomh will be 2 feet 6
inches from the north side property tine, which is equal to the setback of the existing house along
the north side property line.
Staff Member Hemenway reviewed the previous special exception request granted the Matheos'
for this property. He also reviewed the new proposal discussing the position of the front and rear
porches relative to adjacent properties and the~ public right-of-way. Staff Member Hemenway
noted that the proposed porches should not inhibit the visibility along the street and sidewalk.
Motion by Gasper, seconded by Klauer, to approve the special exception request. Motion wes
approved by the following vote: Aye - Klauer, Gasper, Beeler and Ruden; Nay - None.
DOCKET 104-0!: Application of Preston Hobbs/Rick & Leslie Koehler for a Special Exception for
prcperty located at 414-416 Loras Boulevard to construct a porch 0 feet from the front property
line, 20 feet required, in an OR Office Residential zoning district.
Rick Koehter, owner of the property, stated that he is planning on replacing an existing porch with
a new porch of the same size. He said the existing porch is rotted and must be replaced~. Mr.
Koehler noted that many of the porches on adjacent properties also abut the right-of-way along
Loras Boulevard.
Ruth Nash, adjacent property owner, spoke in favor of the request, stating that she is in support of
rehabilitating the structure.
Staff Member Hemenway reviewed the staff report, stating the additional processes the applicant
must undertake to receive permission to build within the right-of-way. He said Mr. Koehler must
also have the Historic Preservation Commission approve the design of his new porch.
Motion by Gasper, seconded by Beeler, to approve the special exception as submitted. Motion
was approved by the following vote: Aye - Klauer, Gasper, Beeler and Ruden; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the November 28, 2001 meeting and
Notices of Decision for Dockets 91-01,92-01, 93-01,94-01,95-01,96-01, 97-01 and 100-01 were
approved unanimously as submitted.
Minutes - Zoning Board of Adjustment
December 20, 2001
Page 3
ADJOURNMENT: The meeting adjourned at 5:00 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner
Adopted