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Minutes Zoning Board of Adj 10 25 07MINUTES ~ ~~ ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, October 25, 2007 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Mike Ruden; Board Members Randy Klauer, Jim Urell, Bill Gasper and Bill Gibbs; Staff Members Wally Wernimont and Guy Hemenway. ABSENT: None. 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 58-07: Application of Doug & Lisa Miller for a special exception for property located at 826 Kelly Heights to build a garage 16 feet in height, 15 feet maximum allowed, in anR-1 Single-Family Residential zoning district. Doug Miller, 826 Kelly Heights, explained his request to the Board. He stated that he is proposing to build a detached garage 16 feet in height. Chairperson Ruden asked the applicant to come forward and to explain which side the gable would face. Mr. Miller noted that the gable would face the street and will have the same pitch as his home. Staff Member Hemenway distributed a map of the property showing contours. The Board discussed the topography of the site and the roof pitch. Staff Member Hemenway distributed photos of the site to the Board. The Board members and people in attendance reviewed the photos of the property. Mr. Miller pointed out that he is matching the roof pitch of his home. Staff Member Hemenway explained how building height is calculated. He explained that the highest point of the garage would be 22 feet to the peak. He said it would only be 16 feet in height to the midway point between the peak and the eave of the roof measured to the average grade across the front of the structure. Staff Member Hemenway discussed a rendering of the garage. Dave Lemanski, representing Paul and Catherine Heller who reside at 1140 Kelly Lane, explained that the property is part of a Planned Unit Development. Staff Member Hemenway distributed the Planned Unit Development conceptual map. Mr. Lemanski referred to the Planned Unit Development. He discussed the Open Space requirements associated with the PUD. He distributed photos of the site to the Board. He discussed the height of the garage and the impact that the garage may have on the adjacent properties. He explained that the garage will be 22 feet in height to the ridge Minutes -Zoning Board of Adjustment October 25, 2007 Page 2 line. Mr. Lemanski said that there are springs in the area and that the detached garage will impact the flow of water. Catherine Heller, 1140 Kelly Lane, spoke in opposition to the request. She stated that the garage will block the view to the valley from the rear of her home. The Board asked Mrs. Heller if she has spoken with the Millers about the location of the garage. She said they talked with the neighbor about the location of the garage. Gerald Burger, 1120 Kelly Lane, spoke in opposition to the request. He said that the height of the garage will allow a second floor. He explained they had issues with the close proximity of the detached garage to his property and the overall height of the garage. Doug Miller rebutted the comments. He discussed the reasons for the location of the garage. He said he has spoken with the neighbors and that he has removed a large tree so that the garage can move toward the street in order to protect the view to the valley from the adjacent properties. He said, initially, he wanted to move the detached garage further back onto his property. He stated he has spoken with the neighbor and they agreed that the roof pitch of the garage should match the roof pitch of his home. The Board discussed the required setbacks in the neighborhood. The Board asked what the height of the garage door would be. Mr. Miller noted that the garage door is 9 feet in height. He said that he is trying to match the roof pitch of his home. He stated the 9 foot garage door is required so that he can store his boat in the garage. Staff Member Hemenway reviewed the staff report. He explained how the height of the garage is calculated. He referred to the Planned Unit Development regulations for the subdivision. He said that the PUD refers to the R-1 Single-Family Residential zoning regulations for the bulk requirements of all buildings located on the site. He referred to Section D of the Planned Unit Development and to the Open Space definition in the Zoning Ordinance. Staff Member Hemenway said that the subject property is located below the property at 1120 Kelly Heights and that storm water drainage flows down into the valley below. Staff Member Hemenway discussed the view shed. He said that with the bulk requirements protect the property owner's front yard views to the sidewalk and street; however, in the rear yards, views are not always protected depending on the way the lots are configured. Staff Member Hemenway recommended that the Board review the criteria for granting a special exception. The Board reviewed the criteria for granting a special exception. Chairperson Ruden felt that the proposed special exception meets all the requirements for granting a special exception. He explained that a new garage could be built at the same site and still have the same impact on the issues raised by the adjacent property owners. The Board discussed placing a condition that addresses storm water runoff. Minutes -Zoning Board of Adjustment October 25, 2007 Page 3 Motion by Urell, seconded by Gibbs, to approve the special exception with the condition that storm water be directed away from the adjoining properties. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 59-07: 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 0 feet from the front property line (Traut Terrace) and 4 feet from the front property line (Diagonal Street), 20 feet required for both setbacks and 2 feet from the south side property line, 6 feet required, in an R-2 Two-Family Residential zoning district. Greg Laufenberg explained his request to the Board. He said that he is requesting to build a detached garage 0 feet from the front property line. He said that he received approval from the Zoning Board of Adjustment to build a detached garage 6 feet from the front property line; however, during construction he was not sure of the exact location of his property line and built the garage over the property line. Mr. Laufenberg distributed photos of the site to the Board. Staff Member Guy Hemenway reviewed the staff report. He explained Mr. Laufenberg's previous approved request. He also explained that there was some confusion as to the location of the lot line. Staff Member Hemenway distributed photos of the site to the Board. He explained that the detached garage is built over the property line. He explained that the applicant is requesting approval for the garage location to be 0 feet from the front property line. He said the portion of the garage that extends into the public right-of-way will need to receive approval from the Engineering Department. He explained that Traut Terrace is a short dead-end street with very little vehicular traffic. He said that the proposed detached garage will encroach slightly into the visibility triangle; however, because Diagonal Street does not intersect Traut Terrace at a 90 degree angle, it is relatively easy to see oncoming traffic. He explained that Mr. Laufenberg will need to receive a construction license to build in public right-of-way for the detached garage. Board Member Klauer asked how far Traut Terrace extends from the Diagonal Street intersection. Staff Member Hemenway said that there are three lots that access Traut Terrace. He explained that there is no access from Traut Terrace to the parking lot for the apartments on Central Avenue. The Board reviewed the criteria for granting a special exception. The Board felt that the request met the criteria for granting a special exception. Motion by Klauer, seconded by Gasper, to approve the special exception contingent upon receiving a revocable license from the Engineering Department. DOCKET 60-07: Application of John & Cheryl May for a special exception for property located at 1722 Creek Wood Drive to erect a 2,640 square foot accessory building, Minutes -Zoning Board of Adjustment October 25, 2007 Page 4 where 1,000 square foot maximum is permitted, in an R-1 Single-Family Residential zoning district. Cheryl May, 1036 Bonnie Court, explained her request to the Board. She indicated that she and her husband have purchased lots located in the Timber Hyrst Subdivision. She said that they are in the process of building asingle-family home on Creek Wood Drive. She said that the accessory building will be used for the keeping of horses and feed. She said that the building is an accessory structure on a separate lot: She said that in order for them to construct an accessory building they will need to do a lot consolidation or build a separate residence on the same lot as the accessory building. Mrs. May showed on a plat the location of the lot and building to the Board. She explained that the lot where the barn will be constructed will be located at the base of a bluff and approximately 30 to 40 feet from the adjacent residential properties. Staff Member Hemenway reviewed the staff report. He explained the previous approvals for a conditional use permit for the keeping of horses on the subject lots. He described the location of the lots where single-family homes are being constructed. Staff Member Hemenway explained the options for a lot consolidation or construction of asingle-family home on the lot in order to allow the accessory structure to be built. Motion by Urell, seconded by Klauer, to approve the special exception. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 61-07: Application of Michelle Mihalakis for a special exception for property located at 2160 Elm Street to build an 18 room SRO 7 feet from the front property line (Elm Street) and 15 feet from the front property line (Kniest Street), 20 feet required for both setbacks, in an OR Office Residential zoning district. NOTE: Chairperson Ruden request that the Board Docket 61-07 and 62-07 simultaneously and to vote on the special exception request and the variance request separately. Michelle Mihalakis, 2545 Jackson Street, explained her requests to the Board. She said that she wants to build an 18 room SRO for low-income women. She stated that the construction of the SRO will remove a blighted house and improve lighting in the neighborhood. She said that the SRO will improve the value of the subject lot and the adjacent properties. Ms. Mihalakis said that she has spoken to the adjacent property owners and has received positive input regarding the construction of the SRO. Staff Member Wernimont outlined the request including the special exception and parking variance. He referred to the site diagram that was included in the Board's packet. He distributed letters of support and photos of the site for Board review. He Minutes -Zoning Board of Adjustment October 25, 2007 Page 5 explained that the Bee Branch Creek restoration project will be located along Kniest Street. He said that the 18 room SRO requires that 14 off-street parking spaces be provided and that the applicant is only proposing to provide 8off-street parking spaces. He explained that Ms. Mihalakis also has requested rezoning the property from R-2A Alternate Two-Family Residential zoning district to OR Office Residential and that, if approved, the special exception and variance approval should be contingent upon approval of the rezoning. The Board felt that the application met the criteria for granting a special exception. Motion by Urell, seconded by Klauer, to approve the special exception request contingent upon rezoning the subject property from R-2A to OR. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. DOCKET 62-07: Application of Michelle Mihalakis for a variance for property located at 2160 Elm Street to open an 18 room SRO with a deficit of 6off-street parking spaces in an OR Office Residential zoning district. See above discussion of Docket 61-07. Motion by Urell, seconded by Gasper, to approve the variance contingent upon rezoning the subject property from R-2A to OR. Motion carried by the following vote: Aye -Klauer, Urell, Gasper, Gibbs and Ruden; Nay -None. MINUTES & NOTICES OF DECISION: The minutes of the September 27, 2007 meeting and Notices of Decision for Dockets 50-07, 51-07, 52-07, 53-07, 54-07, 55-07, 56-07, and 57-07 were approved as submitted. ADJOURNMENT: The meeting adjourned at 5:08 p.m Respectfully submitted, Wally Wernimont, Assistant Planner Adopted F:\USERS\Kmunson\WP\Boards-Commissions\ZBA1Minutes\ZBA 10 25 07 min.doc