Loading...
Minutes Zoning Board of Adjustment 7 26 07MINUTES .D ZONING BOARD OF ADJUSTMENT ~ REGULAR SESSION . Thursday, July 26, 2007 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Pro-Tem Chair Randy Klauer; Board Members Bill Gasper, and Bill Gibbs; Staff Members Joleen Patterson, Housing Department; Guy Hemenway, Kyle Kritz and Wally Wernimont, Planning Services Department. ABSENT: Board Chair Mike Ruden and Board Member Jim Urell. 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 at 4:02 p.m. DOCKET 12-07: Application of James 8~ Renee Schreiber for a special exception (reconsideration) for property located along Kebbie Drive (end of cul-de-sac) 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. The agenda item was withdrawn by the applicant. DOCKET 34-07: Application of City of Dubuque for a special exception for property located at 1553 Elm Street to split two lots creating two substandard lots with 2,500 square feet and 25 feet of frontage for each, where 5,000 square feet and 50 foot minimum respectively is required in an R-3 Moderate Density Multi-Family Residential zoning district. Joleen Patterson, City Housing Department, noted that the City has purchased the property at 1553 Elm Street. She noted that the City is requesting to split the lot vertically and relocate houses from the Bee Branch System area. Staff Member Patterson distributed drawings of the house that would be relocated onto the site and explained the existing lot configuration. Tom Leick, 1514 Washington Street, spoke for his father Anthony who he said lives at 1556 Washington Street, and indicated he is not opposed to one house, but is opposed to two houses. The Board asked the size of the lot the Leick's own and Tom Leick indicated it has 76 feet of frontage. Staff Member Hemenway distributed an aerial photo of the site. Minutes -Zoning Board of Adjustment July 26, 2007 Page 2 Anthony Leick, 1556 Washington Street, spoke in opposition to the request noting they were considering purchasing the subject property but decided not to because Blum's salvage is located across the street. Staff Member Hemenway reviewed the staff report noting the configuration of the lots. He noted the rear lot is non-conforming because it has no frontage along the street. He also presented photos of the site to the Board. Staff Member Hemenway noted the lot along the alley is a nuisance because it has historically been used as a junkyard. He said that, if approved, the residences would have to meet current setbacks and provide two off-street parking spaces for each unit. The Board asked if a duplex is allowed at this location. Staff Member Hemenway noted a duplex would be allowed if the special exception is not approved. Board members discussed the request and felt it met the criteria for granting a special exception. Motion by Gasper, seconded by Gibbs, to approve the request. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay -None. DOCKET 35-07: Application of Benjamin & Nanette Zorn for a special exception for property located at 2244 Simpson Street to add a garage 3 feet from the east side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Ben Zorn, 2244 Simpson Street, said he has aone-car garage. He said he would like to attach another garage stall that is in keeping with the current architecture. Staff Member Hemenway distributed photos of the site to the Board. Mr. Zorn said the house is set back 85 feet from the street. Board Member Gibbs asked if the garage would be attached. Mr. Zorn said the garage will be attached to the house. Staff Member Hemenway presented the staff report reiterating the request. He discussed the lot configuration. He noted the presence of a large vegetative barrier along the lot line and said the neighbor's house is 37 feet from the proposed garage addition. Board Members discussed the request and felt it was appropriate. Motion by Gibbs, seconded by Gasper, to approve the request as submitted. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay -None. DOCKET 36-07: Application of James & Julie Becker for a special exception for property located at 2795 Buena Vista Street to build a 10 foot by 14 foot deck 8 feet from the front property line (Buena Vista Street), 20 feet required, 16 feet from the front property line (Strauss Street), 20 feet required, in an R-1 Single-Family Residential zoning district. Jim Butler, 2795 Buena Vista Street, distributed photos to the Board. He said that he wants to build a 10 foot by 14 foot deck on the front of the house. Minutes -Zoning Board of Adjustment July 26, 2007 Page 3 Staff Member Wernimont reviewed the staff report. He said the deck will be located outside of the visibility triangle. The Board discussed the request and felt it met the criteria for granting a special exception. Motion by Gasper, seconded by Gibbs, to approve the request with the condition that the deck not be enclosed. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay - None. DOCKET 37a-07: Application of Roger 8~ Suzanne Hanselmann for a special exception for property located at 581 Clarke Drive to build an addition 0 feet from the north side property line, 6 feet required; and 4 feet from the rear property line, 30 feet required, 40 feet in height, 30 feet maximum allowed in an R-2 Two-Family Residential zoning district. DOCKET 37b-07: Application of Roger & Suzanne Hanselmann for a special exception for property located at 2250 Schroeder Street to create a lot with 4,000 square feet of area, 5,000 square feet minimum required, in an R-2 Two-Family Residential zoning district. Board Members decided to consider both Docket 37a-07 and 37b-07 at the same time. Roger Hanselmann, 581 Clarke Drive, said he wants to tear down a carriage house and rebuild an addition along the lot line. Staff Member Wernimont reviewed the staff report. He said that the applicant wishes to demolish and rebuild the carriage house and that the structure will transcend the lot line. The Board discussed lot configuration and property ownership. They also discussed building design. Staff Member Wernimont indicated that the request is to allow reduced setbacks and sub- standard lot area. He said the applicant wishes to plat a portion of the adjacent lot to accommodate the proposed addi#ion. Motion by Gibbs, seconded by Gasper, to approve the request for Docket 37a-07 as submitted. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay - None. Motion by Gasper, seconded by Gibbs, to approve the request for Docket 37b-07 as submitted. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay - None. DOCKET 38-07: Application of Kenneth 8~ Colleen Leslein for a special exception for property located at 2551 Kennedy Road to build a detached garage 1 foot from the north side property line, 6 feet required, in an R-1 Single-Family Residential zoning district. Minutes -Zoning Board of Adjustment July 26, 2007 Page 4 Ken Leslie, 2551 Kennedy Road, explained his request noting he would like to build a detached garage directly behind the existing garage. The Board discussed the location of the garage. Board Member Klauer asked if 2571 Kennedy Road is a commercial property. Staff Member Hemenway noted that 2571 Kennedy Road is a commercial property. Victoria Nauman, 2571 Kennedy Road, expressed concerns with storm water management and lot line location. Mr. Leslie said he will use gutters to direct water to the south. Mr. Hemenway presented the staff report. He stated that the subject property sits below the grade of the Nauman property. Motion by Gasper, seconded by Gibbs, to approve the request with the condition that: 1) Storm water from the existing garage and the proposed garage be directed away from the adjacent lot and, 2) A survey be obtained to establish the north property line. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay -None DOCKET 39-07: Application of Bruce Palmer/Jerry Spiegelhalter, 3 in 1 Construction for a special exception for property located at 743 Wilson Street to build a 24 foot by 24 foot detached garage 2 feet from the north side property line, 6 feet required, and 1 foot from the front property line (Roberts Street), 20 feet required, in an R-2A Alternate Two-Family Residential zoning district. The applicant was not in attendance. Robert Hunstead, 723 Wilson Street, said he is happy that his neighbor is replacing his deteriorated garage. Staff Member Wernimont outlined the request stating that the subject property is a through lot with double frontage. He distributed photos of the site noting that the garage will be moved 1 foot further back than the existing garage, which he said will improve access and visibility. The Board discussed the request. Motion by Gasper, seconded by Gibbs, to approve the special exception request. Motion carried by the following vote: Aye -Klauer, Gasper and Gibbs; Nay -None. DOCKET 40-07: Application of Scott 8~ Mary Ellen Warren for a special exception for property located at 461 W. 5 h Street to build an attached porch/deck addition 0 feet from the front property line, 20 feet required, in an R-2 Two-Family Residential zoning district. Minutes -Zoning Board of Adjustment July 26, 2007 Page 5 Mary Ellen Warren, 461 W. 5th Street, presented photos to the Board. She said that she replaced the existing deck which was built over the property line. Staff Member Hemenway explained that the Board is being asked to review setbacks to the property line. He said the Engineering Department must approve encroachments into the public right-of-way. He explained reconstruction of the deck was allowed but the property owners expanded it outside of the original footprint. He explained the City's revocable license. Motion by Gasper, seconded by Gibbs, to approve the special exception request. Motion carried by the following vote: Aye - Klauer, Gasper and Gibbs; Nay -None. DOCKET 41-07: Application of Andy Anderson, I-Wireless & Terrance & Martin Bahl for a conditional use permit for property located at the Northeast Corner of Asbury Road and Seippel Road to allow a wireless communication facility with a 100 foot monopole tower and equipment cabinets in an AG Agricultural zoning district. Andy Anderson, I-Wireless, 500 Fremont. Davenport, Iowa, explained that I-Wireless has an array of towers and antennae throughout the City. Mr. Anderson provided a document packet and noted the structure needs to go through several additional reviews. He explained that Section 106 reviews required for towers. Mr. Anderson noted SHPO said the tower is compliant and that I-Wireless received FAA approval. He explained that an RF engineer stated that a 100 foot monopole tower was needed in this area. He said I-Wireless contacted the City of Asbury and asked to locate antennae on their water tower but that the RF engineer said the site would not work. He said they looked at other locations. He distributed propagation maps that showed coverages for various cell tower locations, including co- locations. He said that co-location is available on the proposed tower. Mr. Anderson said they can landscape, if required. He also said they could pave the driveway to the site. Ted Rinker, Fuerste, Carew, Coyle Law Firm, said he represents the City of Asbury and asked that the application be denied. He said the City of Asbury is opposed to the request because the surrounding area is likely to be developed for residential and commercial uses. He noted that there are three other towers in the area. Terry Bahl, 7405 Asbury Road, spoke in favor of the request. He said that the corner of Seippel and Asbury Roads has been slated for future commercial development. He said his family owns the land around the site that will be impacted the most. Mr. Anderson noted that I-Wireless researched different sites around the area. He said the proposed tower meets setback requirements. He also noted this is a site that works best for the tower because of coverage. Staff Member Kritz presented the staff report noting the site location. He said that all property owners within 200 feet of the property were notified. He stated that the majority of people notified are in the Forest Hills subdivision. He explained the setback and height requirements for cell towers. He said that landscaping for the equipment building is required. Minutes -Zoning Board of Adjustment July 26, 2007 Page 6 Staff Member Kritz discussed the location of other cell towesr along Asbury Road noting that it they are located in close proximity to residential and commercial uses. He said that the topography of Dubuque makes it difficult to provide cellular coverage without the use of multiple towers. The Board reviewed the criteria for granting a conditional use permit. The Board felt that the proposed location for the cell tower met the requirements for granting a conditional use. Motion by Gasper, seconded by Gibbs, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye - Klauer, Gasper and Gibbs; Nay -None. DOCKET 42-07: Application of McCullough Creative/McDonald's Restaurant for a variance for property located at 620 Iowa Street to place three signs on the premises, two-signs maximum permitted, in a C-4 Downtown Commercial zoning district. Keith Zenner, McCullough Creative, said he represents McDonald's. He discussed sign visibility along Iowa Street. He said that a 100 square foot freestanding sign will be located on the Central Avenue side of the restaurant. He said that the proposal would reduce the total signage area from to 200 to147 square feet. The Board discussed the locations of the site signage. Staff Member Hemenway reviewed the staff report. He discussed the location of the building and C-~4 district sign regulations. The Board felt the request met the criteria for granting a variance because the overall sign area was reduced. Motion by Gasper, seconded Gibbs, to approve the variance request as submitted: Aye - Klauer, Gasper and Gibbs; Nay -None. MINUTES Sz NOTICES OF DECISION: The minutes of the June 28, 2007 meeting and Notices of Decision for Dockets 25-07, 26-07, 27-07, 29-07, 31-07, 32-07 and 33-07 were approved as submitted. ADJOURNMENT: The meeting adjourned at 6:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:\USERSU(munson\WP\Boards-CommissionslZBAlMinutes\ZBA 07 26_07 min.doc