Minutes Zoning Board Adj 5 24 07MINUTES D
ZONING BOARD OF ADJUSTMENT Q
REGULAR SESSION
Thursday, May 24, 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 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 at 4:00 p.m.
DOCKET 18-07: Application of Alex Finch/John Finch for a special exception for property
located at 827 Garfield Avenue to build athree-plex on a lot with 8,150 square feet of area,
9,600 square minimum required, in an R-3 Moderate Density Multi-Family.
John Finch, representing Alex Finch, reviewed his request noting that the previous owner
framed the second floor of the garage as an apartment. He said they were aware that the
apartment needed zoning approval. He stated that the 26 foot by 36 foot detached garage
meets building code and explained that the structures will be attached by a breezeway.
Bob Greenfield, 823 Garfield, spoke in opposition to the request noting parking problems in
the neighborhood. Chairperson Ruden said that the request is not for a parking variance.
Dick Sullivan, 817 Garfield Avenue, spoke in opposition to the request noting parking problems
in the neighborhood.
Mr. Finch stated that at this time no one lives in the unit above the garage. He also stated that
he is going to add 3off-street parking spaces to the property.
Staff Member Hemenway presented the staff report. He said that the former property owners
were in the process of converting the garage into an apartment. Staff Member Hemenway
explained zoning requirements for a three plex. He explained an option was to subdivide and
of seek approval for two substandard lots. He said that the Finches recently received a
rezoning for the property from R-2A to R-3. Staff Member Hemenway noted the lot size
requirements for athree-plex in an R-3 Moderate Density Multi-Family zoning district.
The Board discussed the size of the lot.
Motion by Urell, seconded by Klauer, to approve the request as submitted. Motion carried by
the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None.
Minutes -Zoning Board of Adjustment
May 24, 2007
Page 2
DOCKET 19-07: Application of Sharon Nesteby for a special exception for property located at
1920 Ungs Street to build a deck and steps 6 feet from the front property line, 20 feet required,
in an R-1 Single-Family Residential zoning district.
Sharon Nesteby explained the property history and her request to build a deck and steps. She
stated that the steps are deteriorating and she would like to replace them with a deck.
Staff Member Wernimont reiterated the setback requirements and discussed photos of the
site. He said the applicant could build a 5 foot by 5 foot stoop and also discussed the
topography of the property.
Motion by Urell, seconded by Klauer, to approve the special exception request as submitted.
Motion carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None.
DOCKET 20-07: Application of Randy & Sandy Ring for a special exception for property
located at 2639 Van Buren to build a 24 foot by 24 foot detached garage 0 feet from the east
side property line, 6 feet required, in an R-1 Single-Family Residential zoning district.
Randy Ring stated he would like to build a 24 foot by 24 foot detached garage on an existing
foundation. He distributed a letter in support from his neighbor, Mr. Blasen, who would be
encroached upon.
Staff Member Wernimont outlined the request noting a portion of the garage would be built on
an existing garage foundation, but the footprint would be expanded. He indicated the gutter
and overhang will be 0 feet and the foundation would be 1 foot from the property line. He also
said that Mr. Ring has located the property pins on his property.
Motion by Urell, seconded by Klauer, to approve the special exception, as submitted. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None.
DOCKET 21-07: Application of James 8~ Renee Schreiber for a special exception for property
located at Kebbie Drive (end of cul-de-sac) to build a duplex 8 feet from the front property line,
20 feet minimum required, in an R-2 Two-Family Residential zoning district.
Jim Schreiber presented his application noting his request for a special exception for a garage
setback was denied at the April Zoning Board of Adjustment meeting. He said is now asking
for a duplex to be built closer to the front property line. Mr. Schreiber noted there will be 17
feet between the sidewalk and the garage. Mr. Schreiber discussed the surrounding
properties and zoning districts. He said, if the structure was built to meet the front yard
setback, that his rear yard setback will be much smaller.
Staff Member Hemenway presented the staff report discussing the location of property lines
based on an engineering drawing provided by the City Engineering Department. Staff Member
Minutes -Zoning Board of Adjustment
May 24, 2007
Page 3
Hemenway stated that if the garage is built 11 feet from the property line it will be 18 feet from
the sidewalk.
The Board discussed the distance between the garage and sidewalk.
Motion by Urell, seconded by Gasper, to approve the request with the condition that the duplex
be located 8 feet from the front property and the garage door be a minimum of 11 feet from
the front property line. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and
Ruden; Nay -None.
DOCKET 15-07 (tabled): Application of E. J. & Lea Droessler/John Herrig for a conditional
use permit (tabled) for property located at 620 S. Grandview Avenue to allow an indoor
restaurant in a C-1 Neighborhood Commercial zoning district.
The applicant submitted a letter asking that her application be withdrawn.
DOCKET 22-07: Application of E. J. & Lea Droessler/John Herrig for a variance for property
located at 620 S. Grandview Avenue to open a 50-seat restaurant with maximum of 6
employees on the maximum shift with a deficit of 8off-street parking spaces, in a C-1
Neighborhood Commercial zoning district.
The applicant submitted a letter asking that her application be withdrawn.
DOCKET 23-07: Application of Stratus Communicationsri'CO Business, Inc. for a variance for
property located at 2890 Central Avenue to install a sign with a 60 inch projection, 18 inch
maximum allowed, in a C-1 Neighborhood Commercial zoning district.
Adam Williams, Stratus Communications, stated that he would like to install a sign with a 60
inch projection so the sign would be visible to passing traffic.
Staff Member Wernimont outlined the staff report discussing the surrounding zoning, traffic
along Central Avenue and grandfather status of the sign.
Motion by Urell, seconded by Klauer, to approve the installation of the sign with the condition
that there is only one wall-mounted sign allowed on the building. Motion carried by the
following vote: Aye -Klauer, Urell and Ruden; Nay -Gasper.
DOCKET 24-07: Application of Mark & Tamara Moore for a conditional use permit for
property located at 555 Fremont Avenue to allow keeping of horses in an R-1 Single-Family
Residential zoning district.
Tammy Moore outlined her request to keep horses on her property. She said that she has
talked with her closest neighbor. She said the neighbor has submitted a letter in support of
her request. She stated that miniature horses are small animals and she would like to keep
Minutes -Zoning Board of Adjustment
May 24, 2007
Page 4
them close to the house for safety reasons. She indicated that miniature horses are a
maximum of 34 inches high.
Staff Member Wernimont reviewed the. staff report stating that a notice went out to neighbors
within 200 feet of the applicant's property. He stated there was some opposition to the
request, but when he clarified they were miniature horses, the neighbors had no real issues
with the request. He indicated one letter of opposition was submitted by Joe Hartman. Staff
Member Wemimont also discussed the requirement that shelters for the horses be a minimum
of 150 square feet.
Motion by Urell, seconded by Gasper, to approve the request to keep horses in an R-1 District
with the condition that the approval is for two miniature horses and to allow the use of a 150
square foot shelter. Motion carried by the following vote: Aye -Klauer, Urell, Gasper and
Ruden; Nay -None.
MINUTES 8~ NOTICES OF DECISION: The minutes of the April 26, 2007, meeting and Notices
of Decision for Dockets 11-07, 12-07, 13-07, 14-07, 16-07 and 17-07 were approved as
submitted.
ITEMS FROM PUBLIC: Motion by Klauer, seconded by Gasper, to approve a request from
James & Renee Schreiber to reconsider their request to build a garage on Kebbie Drive. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper and Ruden; Nay -None.
ADJOURNMENT: The meeting adjourned at 4:50 p.m.
Wally Wernimont, Assistant Planner
Adopted
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