Minutes Zoning Board of Adj 8 23 07MINUTES D
ZONING BOARD OF ADJUSTMENT ~(
REGULAR SESSION IJ
Thursday, August 23, 2007
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT: Chairperson Mike Ruden; Board Members Jim Urell, Bill Gasper and Bill Gibbs;
Staff Members.
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 4:00 p.m.
DOCKET 43-07: Application of Dean & Linda Manternach for a special exception for property
located at 2132 Graham Circle to build a 10 foot by 12 foot storage shed 18 inches from the east
side property line and 4 feet from the rear property line, 6 feet required for both setbacks, in an R-1
Single-Family Residential zoning district.
Dean Mantemach, 2132 Graham Circle, said he wants to build a 10 foot by 12 foot storage shed 4
feet from the south properly line and 18 inches from the east property line. He said the property is
in the shape of trapezoid.
Staff Member Wernimont reiterated the request, stating the that the yard tapers. He also indicated
that there is a vegetative screen and chain link fence that would screen the shed from the adjacent
property.
Motion by Urell, seconded by Klauer, to approve the special exception request. Motion carried by
the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 44-07: Application of Jim Brokus for a special exception for property located at 1471 Elm
Street to build a front porch 0 feet from the front property tine, 20 feet required, and 3 feet from the
south side property line, 4 feet required, in an R-3 Moderate Density Multi-Family Residential zoning
district.
Jim Brokus, 1471 Elm Street, said he wants to build a 14 foot by 7 foot front porch with a 6 inch
overhang. He said it will be enclosed with 3 to 4 windows. He also stated that the porch will be in
line with the adjacent porch. He said he owns the adjacent lot to the north.
Staff Member Wernimont reviewed the staff report outlining the request. He stated that the porch
will encroach into public right-of--way. He said that Mr. Brokus has applied for a revocable license
from the City Engineering Department to build on City right-of--way. He indicated some buildings on
the same block encroach into the right-of-way. He said there are no driveways that access Elm
Street on this block.
Board members discussed the request and felt it was appropriate.
Minutes -Zoning Board of Adjustment
August 23, 2007
Page 2
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 45-07: Application of Michael Donahue/MidAmerica Housing Partnership for a special
exception for property located at 3081/3083 Stellar Eagle Drive to build a duplex 7 feet from the
front property line (Bald Eagle Drive), 20 feet required, in a PR Planned Residential zoning district.
Michael Donahue, Consultant for MidAmerican Housing Partnership of Iowa, discussed his
company's housing partnership history and structure. He said the project is part of the Affordable
Housing Initiative. He said he wants to place a duplex identical to the adjacent house on a corner
lot.
Staff Member Wernimont reiterated the request. He distributed photos of the site to the Board. He
discussed the property location and the topography of the site. He stated this structure will be in
line with other structures on Stellar Eagle Drive.
Board member discussed the requirements and felt it was appropriate.
Motion by Urell, seconded by Gibbs, to approve the special exception request. Motion carried by
the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 46-07: Application of John & Christie Hatch for a special exception for property located a_ t
1965 Alta Vista Street to build a detached garage 0 feet from the south side property line, 6 feet
required, in an R-1 Single-Family Residential zoning district.
John Hatch, 1965 Alta Vista Street, said the existing garage is too small and has a flat roof that
leaks. He said he would like to demolish the existing garage and build a larger garage. He said the
garage will extend further along the south side property line than the existing garage. Mr. Hatch
said the garage is 0 feet from the south side property line. He noted they did not move the garage
to the north because of a large tree.
Guy Hemenway distributed photos of the site to the Board. He noted the request explaining that the
garage is substandard for a standard vehicle. He discussed runoff and topography.
Staff recommended that the driveway be replaced because of its poor condition.
Motion by Urell, seconded by Klauer, to approve the special exception request, with the condition
that the existing driveway access be repaved. Motion carried by the following vote: Aye -Klauer,
Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 47-07: Application of City of Dubuque Housing Services Department for a special
exception for property located at 1326 Elm Street to build a front porch 4 feet from the front property
line, 10 feet required; and 1 foot from the south side property line, 3 feet required, for a residential
use in an LI Light Industrial zoning district.
Staff Member Wernimont, representing the City reviewed the request noting the project is being
undertaken as a part of the revitalization of the Washington Street Neighborhood. He said legal
nonconforming residences in LI Light Industrial Districts must meet R-2A Alternate Two-Family
Minutes -Zoning Board of Adjustment
August 23, 2007
Page 3
Residential District regulations. He said the porch will be of an open design and will not inhibit the
view to the street.
No one was in attendance to speak in opposition 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 48-07: Application of Martin McNamer/NCR Developers, LLC. for a conditional use
permit for property located along Creek Wood Drive to allow the keeping of horses in an R-1 Single-
Family Residential zoning district.
Chairperson Ruden said they will hear Dockets 48 and 49 simultaneously.
Mr. McNamer explained his request noting that the property needs to be rezoned. He also noted
that they will build one barn for all the horses. .
Not one spoke in opposition to the request.
Staff Member Hemenway reviewed the requirements of the conditional use permit for the keeping of
horses. He also explained the topography of the site and the area situated between the bluff and
Catfish Creek. Staff Member Hemenway noted that a shelter of at least 450 square feet is
necessary.
Motion by Urell, seconded by Klauer, to approve the conditional use permit. Motion carried by the
following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
DOCKET 49-07: Application of Martin McNamer/NCR Developers, LLC. for a variance for property
located at Creek Wood Drive (Lot 29, 30 and E of Timber Hyrst Estates) to allow a total of 6 horses,
two horses maximum permitted, in an R-1 Single-Family Residential zoning district.
Board members discussed the request as part of Docket 49-07 and felt it was appropriate.
Motion by Urell, seconded by Gibbs, to approve the variance request. Motion carried by the
following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None.
MINUTES Sz NOTICES OF DECISION: The minutes of the July 26, 2007 meeting and Notices of
Decision for Dockets 12-07, 34-07, 35-07, 36-07, 37a-07, 37b-07, 38-07, 39-07, 40-07, 41-07 and
42-07 were approved after modification.
ADJOURNMENT: The meeting adjourned at p.m.
Wally Wernimont, Assistant Planner Adopted
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