Minutes Zoning Board of Adj 6 28 07MINUTES
'~ ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, June 28, 2007
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
D~~~~
PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill
Gasper and Bill Gibbs; Staff Members Guy Hemenway and Wally Wernimont.
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 12-07 (reconsideration): Application of James & Renee Schreiber
(reconsideration) for a special exception for property located along Kebbie Drive to build a
2,400 square foot detached garage, 1000 square feet maximum permitted, 2 feet from the
front property line, 20 feet required in an R-2 Two-Family Residential zoning district.
Motion by Klauer, seconded by Gasper, to table this agenda item per the request of the
applicant. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and
Ruden; Nay -None.
DOCKET 25-07: Application of Steve & Nancy Kann for a special exception for property
located at 1123 Rush Street to enclose an existing porch and construct a deck 7 feet from the
front property line (Plum Street), 20 feet minimum required, and cover 42% of the lot with
structure, 40% maximum allowed, in an R-2 Two-Family Residential zoning district.
Nancy Kann, 1123 rush Street, said she wants to expand an existing deck and roof and
enclose a portion of the deck. She discussed the site layout.
Staff Member Wernimont reiterated the request discussing setbacks, lot coverage and building
design. He noted that neighbors contacted him and were not opposed to the request.
Motion by Urell, seconded by Gasper, to approve the special exception request. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 26-07: Application of Joseph & Laura Schlegel for a special exception for property
along W. 32nd Street (10-15-201-016) to build asingle-family home 440 feet from the front
property line, 50 feet maximum permitted, in an R-1 Single-Family Residential zoning district.
Joseph Schlegel the applicant, noted his request stating he has a 50 foot strip of land for
access from 32"d Street to the building site.
Minutes -Zoning Board of Adjustment
June 28, 2007
Page 2
Staff Member Hemenway presented the staff report noting the applicant's request. He
explained the reasoning fora 50 foot maximum setback. He said the site is heavily wooded
and has difficult topography. Staff Hemenway stated that the Fire Department will require that
the driveway be paved to accommodate emergency vehicles. He also noted that storm water
from the driveway should be directed away from the adjacent property.
Motion by Urell, seconded by Gasper, to approve the special exception request, with the
condition that the driveway be paved as per City Fire Department Standards; and 2) that the
storm water be directed away from the adjacent property. Motion carried by the following vote:
Aye - Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 27-07: Application of Jim & Michelle Clark for a special exception for property
located at 679 Kennedy Court to build an 1,800 square foot (40 foot by 45 foot) detached
garage, 1,000 square foot maximum allowed, 28 feet in height, 15 feet maximum permitted, in
an R-1 Single-Family Residential zoning district.
Jim Clark, 679 Kennedy Court, stated he would like to build a 40 foot by 45 foot, 1800 square
foot garage. He stated he has a large lot and that the proposed garage would be recessed
into the hillside. He said the garage will be 28 feet high.
Staff Member Wernimont discussed a map of the neighborhood.
Chairperson Ruden asked the applicant about the topography of the site.
Staff Member Wernimont distributed a topo map.
The applicant discussed photos of the site. He said the second level of the garage will be
used for storage of camping equipment, seasonal items and toys.
William Toomey, 151 W. 7th Street, spoke on behalf of Scott and Paula Eisenhut. He
discussed the topography of the site and calculated square footage for both floors of the
proposed garage. He said the request does not meet special exception requirement #2. He
also said a garage of this scale will affect property value in the neighborhood. He distributed a
statement from J.L. Felderman, property appraiser, stating the proposed garage may affect
the value of the property. He submitted a petition with 11 signatures of neighbors in
opposition to the request.
Scott Eisenhut spoke in opposition to the request noting concerns with property values and the
scale of the garage. Paula Eisenhut spoke in opposition to the request. She outlined the
property history and said that the property owner owns many vehicles and work on cars.
Jeanne Reig, 651 Kennedy Ct., spoke in opposition saying that the building is of a commercial
size and will affect property values.
Ms. Eisenhuth distributed photos of the property.
Minutes -Zoning Board of Adjustment
June 28, 2007
Page 3
Jeananne Wolff, 654 Kennedy Ct., spoke in opposition to the request. She expressedd
concerns with the potential for mud on the street due to the lack of a paved drive to the
garage.
Mr. Clark said the garage will not be used for an apartment or for commercial purposes. He
said it will be sided with vinyl with a brick front and a shingled roof. Michelle Clark said they
will not remove trees and that their's will not be a noisy garage. She said the existing attached
garage is limited in height. She said she wants to store vehicles out of sight in the garage.
She said the driveway will be paved and storm water from the gutters will be directed to the
street. She said that there would be no vehicle access to the second story.
Staff Member Wernimont outlined the request discussing the square footage and building
height requirements. He stated the garage cannot be used for commercial purposes or for an
apartment. He also stated that all driveways must be paved. He discussed lot size and
setback requirements.
Board Member Randy Klauer read the criteria established for granting a special exception.
Board Member Gasper said he feels that the request meets all of the established criteria.
The Board discussed the realtor's letter regarding the potential for the structure's impact on
property value in the neighborhood.
Chairperson Ruden said he felt that the impact of the garage will not be much different than
that of a 1000 square foot structure. He said the garage will help to hide vehicles from sight.
Board Member Gibbs said that the applicant could store vehicles in a 1000 square foot
garage.
Motion by Urell, seconded by Gasper; to approve the special exception request with the
following conditions: 1) That the driveway be paved; 2) that the garage not be used for
commercial purposes; 3) that the garage be consistent with the published design; and 4) that
storm water generated by the garage be directed to Kennedy Court. Motion carried by the
following vote: Aye - Urell, Gasper and Ruden; Nay -Klauer and Gibbs.
DOCKET 28-07: Application of Peggy Weber for a special exception to has been withdrawn
by the applicant.
DOCKET 29-07: Application of Jesse & Joyce Graves for a special exception for property
located at 2795 Pennsylvania Avenue to build a 24 foot by 20 foot attached garage 10 feet
from the front property line (Chaney Road) and 4 feet from the north side property line, 20 feet
and 6 feet required respectively, in an R-1 Single-Family Residential zoning district.
Minutes -Zoning Board of Adjustment
June 28, 2007
Page 4
Jesse Graves, 2795 Pennsylvania Avenue, said he wants to expand a single car garage with a
two story garage. He said he spoke to the neighbors and they had no concerns.
The Board reviewed the building design.
Staff Member Wernimont reiterated the request discussing photos of the property, site layout
and building design.
The Board discussed distance between the garage door, sidewalk and the curb cut dimension.
Motion by Urell, seconded by Klauer to approve the special exception as submitted. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 30-07: Application withdrawn by applicant prior to notification.
DOCKET 31-07: Application of Jamie & Cory Hall for a special exception for property located
at 2353 Martin Drive to build an attached carport, 3 feet from the south side property line, 6
feet minimum required, in an R-1 Single-Family Residential zoning district.
Jamie Hall, 2353 Martin Drive, stated that she wants to build a carport 3 feet from the side
property line over an existing driveway.
Staff Member Wernimont reiterated the request discussing photos. He indicated there would
be no impact on vehicular or site visibility.
Motion by Urell, seconded by Gasper, to approve the special exception as submitted. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 32-07: Application of Greg Laufenberg for a special exception for property located
at 46 Diagonal Street to build a 30 foot by 30 foot detached garage 2 feet from the front
property line (Traut Terrace), 20 feet required; 6 feet from the front property line (Diagonal
Street), 20 feet required; and 4 feet from the south side property line, 6 feet required, in an R-2
Two-Family Residential zoning district.
Greg Laufenberg, 46 Diagonal Street, explained his request. He noted Traut Terrace is a
dead-end street with very little traffic.
Staff Member Hemenway presented the staff report and distributed photos of the site. He said
that vehicular access to the properties along Traut Terrace is taken from Broadway Street.
Staff Hemenway said that parking for Fulton Apartments sits below Traut Terrace and is
accessed from Diagonal Street. He said that the proposed garage would not be located in the
visibility triangle or block the view to the street from the adjacent residences.
Motion by Gasper, seconded by Urell, to approve the special exception request. Motion
carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
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Minutes -Zoning Board of Adjustment
June 28, 2007
Page 5
DOCKET 33-07: Application of Dale Davis for a special exception for property located at 321
Valley Street to build an addition 4 feet from the south side property line, 6 feet required, and
add onto a garage for a total of 1,584 square feet of area, 1,000 square feet maximum allowed
for accessory structures, in an R-1 Single-Family Residential zoning district.
Dale Davis, 321 Valley Street, said he wants to build athree-car garage addition. He stated
he will not use the garage for commercial purposes. He said he wants to add on to the house
along the existing property line.
Staff Member Wernimont outlined the request stating that there is an existing paved access.
He recommended conditions if approved.
Board members discussed the request and felt it was appropriate.
Motion by Urell, seconded by Gasper, to approve the special exception request with the
following conditions: 1) That storm water is directed away from the garage; and 2) that the
garage not is used for commercial purposes. Motion carried by the following vote: Aye -
Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
MINUTES ~ NOTICES OF DECISION: The minutes of the May 24, 2007 meeting and Notices of
Decision for Dockets Dockets 15-07, 18-07, 19-07, 20-07, 21-07, 22-07, 23-07 and 24-07 were
approved as submitted.
ADJOURNMENT: The meeting adjourned at 5:20 p.m.
Wally Wernimont, Assistant Planner Adopted
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