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Minutes Zoning Board of Adjustment 9 27 07MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, September 27, 2007 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa DQ~ PRESENT: Board Members Randy Klauer, Jim Urell and Bill Gasper; Staff Members Wally Wernimont and Guy Hemenway. ABSENT: Chairperson Mike Ruden and 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 at 4:05 p.m. DOCKET 50-07: Application of Craig Hingtgen for a special exception for property located at 1870 Floraview Drive to build a 35 foot by 24 foot detached garage 2 feet from the north side and rear property lines, 6 feet required for both setbacks, in an R-1 Single-Family Residential zoning district. Laverne Hingtgen, 1129 Rosedale Street, spoke on behalf of Craig Hingtgen. He stated he would like to erect athree-car garage in back of the house. Staff Member Wernimont reiterated the requirements stating garage will not block vehicularview or the view of the adjacent residence. He also stated the buildin5g y~ll will be 3 feet from the property line and the overhang will be 2 feet from the front property line. Board Member Gasper questioned why the special exception is necessary. Staff Member Wernimont said the garage would consume much of the yard and limit access to the garage doors. He said all adjacent property owners were notified and that no one expressed opposition to the request. Motion by Klauer, seconded by Gasper to approve the request with the following conditions: 1) that the overhang is 2 feet from the property line; and 2) that storm water is directed onto the subject lot, not onto the adjacent property. Motion carried by the following vote: Aye -Klauer, Urell and Gasper; Nay- None. DOCKET 51-07: Application of Travis & Julie McDermott for a special exception for property located at 2390 Cherry Street to build a 24' X 24' detached garage 9 feet from the front property line (Finley Street), 20 feet required, in an R-1 Single-Family Residential zoning district. Travis McDermott, 2390 Cherry Street, outlined his request stating he wants to avoid removing his retaining wall and consuming much of the back yard. He stated he has about 10 feet between the structure and the property line. The Board discussed the project with the applicant. Mervin Ellis, 1652 Finley Street discussed the history of the neighborhood. He spoke in favor of the request. Minutes -Zoning Board of Adjustment September 27, 2007 Page 2 Staff Member Wernimont reiterated the request. He said the subject properly is a corner lot with two frontages. The Board discussed the request. Motion by Klauer, seconded by Gasper, to approve the special exception request. Motion approved by the following vote: Aye -Klauer, Urell and Gasper; Nay -None. DOCKET 52-07: Application of City of Dubuque Housing & Community Development for a special exception for property located at 2073 Jackson Street to build an attached front porch 0' from the front property line (Jackson Street) and 3 feet from the front property line (21st Street), 10 feet required for both setbacks, and 1 foot from the south side property line, 3 feet required, in an R-2A Alternate Two- Family Residential district. Dick Firzlaff, Housing & Community Development Department, explained the request. He noted the porch will be 5 feet by 20 feet, approximately 18-24 inches off the ground and will be an open design. Staff Member Hemenway presented the staff report. He noted the request of 0 feet and 3 feet from property lines. He referred to a rendering of the porch and presented photos of the site showing bushes impeding visibility at the intersection. He recommended that if the request is approved, the Board require the bushes to be removed. Motion by Klauer, seconded by Gasper, to approve the special exception request, with the condition that the bush at the corner of the property be removed. Motion carried by the following vote: Aye - Klauer, Urell and Gasper; Nay -None. DOCKET 53-07: Application of City of Dubuque Housing & Community Development for a special exception for property located at 1318 Elm Street to build an attached front porch 0' from the front property line, 10 feet required, in an LI Light Industrial (default R-2A Alternate Two-Family Residential) district. Dick Firzlaff, Housing & Community Development Department, explained the application to the Board. He noted the open porch will be 6 foot by 18 foot. He said the porch will be built over an existing slab. Staff Member Hemenway noted this project is part of the Washington Neighborhood revitalization. The Board discussed the request. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion carried by the following vote: Aye -Klauer, Urell and Gasper; Nay -None. DOCKET 54-07: Application of City of Dubuque Housing & Community Development for a special exception for property located at 2064-2066 Washington Street to build an attached front porch 2' from the front property line, 10 feet required, and 2 feet from the south side property line, 3' required, in an R- 2A Two-Family Residential district. Dick Firzlaff, Housing & Community Development Department, explained the application to the Board. He indicated that this is a part of the Washington Neighborhood revitalization. He stated the porch will Minutes -Zoning Board of Adjustment September 27, 2007 Page 3 be 6 feet by 25 feet attached to the front of the residence. He said the setbacks will be similar to those on adjacent properties. Staff Member Hemenway presented photos of the surrounding properties noting that there are no driveways along this block so vehicular site visibility is not an issue. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion carried by the following vote: Aye -Klauer, Urell and Gasper; Nay -None. DOCKET 55-07: Application of Buesing and Associates/Arc LLC for a special exception for property located at 1572/1578 Iowa Street to split a lot, creating a lot with 2,382 square feet of area, 2,500 square feet minimum required, and dividing a garage creating a 0' setback, 3' minimum required, in an R-4 Multi-Family Residential (default R-2A Two-Family Residential) district. Jan Imhoff, representing the property owner, noted that the lot accommodates single-family homes. She said the houses were built in 1850 and explained that the lot will be subdivided so each house is on one lot. She said the garage will also be subdivided leaving a 0 foot setback. She said the houses currently are legally non-conforming. Staff Member Hemenway presented the staff report. He said two single-family homes are located on one lot. He noted the house and garage do not meet current setback requirements. He also discussed non-conformity and explained that the structures are bound by R-2A Alternate Two-Family Residential District regulations. The Board discussed the request and felt it was appropriate. Motion by Klauer, seconded by Gasper, to approve the special exception request with the condition that the property by subdivided based on Exhibit A. Motion carried by the following vote: Aye -Klauer, Urel) and Gasper; Nay -None. DOCKET 56-07: Application of Mark Ransdell for a special exception for property located at 2174 St. Ambrose Street to build an attached deck 9' from the front property line (St. Ambrose Street), 20 feet required, in an R-1 Single-Family Residential district. The applicant was not in attendance. Staff Member Wernimont outlined the staff report stating the deck wilt not inhibit vehicular visibility or the view to the street from the adjacent residential properties. He discussed the site layout and the proposed location for the deck. The Board discussed the request. Motion by Klauer, seconded by Gasper, to approve the special exception request as submitted. Motion carried by the foNowing vote: Aye -Klauer, Urell and Gasper; Nay -None. DOCKET 57-07: Application of Wayne Sherman/Dubuque Community Food Pantry for a variance for property located at 1598 Jackson Street to build an 18 foot by 26 foot attached garage 0 feet from the front property line (16"' Street), 20 feet required, in a C-1 Neighborhood Commercial zoning district. Minutes -Zoning Board of Adjustment September 27, 2007 Page 4 Wayne Sherman, 324 Lowell Street and representing the Dubuque Community Food Pantry, outlined the request. He stated he wants to put the food pantry service vehicle in a garage at the back of the building to prevent vandalism. Board Member Klauer asked if a new garage would be accessed from the alley. Mr. Sherman said access will be from the street, not the alley. Staff Member Wernimont stated the garage will be 18 feet by 26 feet and located 0 feet from the 16~' Street property line. He discussed the property history and said the original garage was removed and has lost its grandfather status. The Board discussed the traffic safety relative to backing into the street from the garage. Motion by Klauer, seconded by Gasper, to approve the variance as submitted. Motion carried by the following vote: Aye -Klauer, Urell and Gasper; Nay -None. MINUTES 8< NOTICES OF DECISION: The minutes of the August 23, 2007 meeting and Notices of Decision for Dockets 43-07, 44-07, 45-07, 46-07, 47-07, 48-07 and 49-07 were approved as submitted. ITEMS FROM BOARD: Board Member Klauer expressed concerns with truck parking along Century Drive. ADJOURNMENT: The meeting adjourned at 5:00 p.m. Respectfully submitted, Wally Wernimont, Assistant Planner Adopted F:\USERSU(munson\WP\Boards-CommissionslZBA\MinuteslZBA 09_27 07 min.doc