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The agenda item was withdrawn by the applicant.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
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