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Minutes Zoning Bd Adj 2 28 02 MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, February 28, 2002 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chairperson Mike Ruden; Board Members Bill Gasper, Jim Urell and Fred Beeler; Staff Members Guy Hemenway and Wally Wernimont. Board Member Randy Klauer. 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. Due to a scheduling conflict, Chairperson Ruden moved the request of David Cox (Docket 007-02) to the beginning of the agenda. DOCKET 007-02: Application of David Cox, 460 Loras Boulevard, to build a 4' by 8' front porch 11 feet from the front property line, 20 feet required, n an R-4 Multi-Family Residential Zoning District. David Cox, 1401 Henion Street, said he wants to add a porch roof above an existing concrete stoop;. He said the porch roof would serve to protect tenants entering the home from rainy weather. He said that his project has already received Historic Preservation Commission approval. He said that the setback of the porch roof would be similar to the setback of adjacent residences. John Henning, 452 Loras Boulevard, stated that he is a neighbor and that he supports Mr. Cox's project. He said that the project represents a building improvement that will have a positive effect on the neighborhood. Staff Member Wernimont outlined the building project, stating that the former porch was removed. He stated that the adjacent properties are terraced and therefore, the porch will have a grade separation. He stated that the Historic Preservation Commission has approved the porch project through the design review process and that the Historic Preservation Commission expressed their support for the project. Motion by Gasper, seconded by Urell, to approve the application as submitted. Motion carded by the following vote: Aye- Ruden, Gasper, Beeler, and Urell. Nay - None. DOCKET 004-02: Application of Nell Spoden for a special exception for Fidelity Bank and Trust, 4250 Asbury Road, to allow construction of a new bank office building in a C-2 Neighborhood Shopping Center District. Minutes - Zoning Board of Adjustment February 28, 2002 Page 2 Nell Spoden, Spoden Construction, presented his application. He stated that he represented Fidelity Bank and Trust. He described the project, stating that the bankwould be built next to Asbury Road and Commerce Street. Board members discussed the location of the bank and the site plan layout. Staff Member Hemenway presented the staff report, stating that the applicant is proposing to build a 4,500 square foot, two-story, bank building with drive-thru teller windows. He stated that the bank lot would be located in a new commercial subdivision next to Resurrection School. He stated that the development, as proposed, will have access off of Commerce Circle, not Asbury Road, and will meet the required setbacks and parking. Board Members reviewed the criteria for granting a conditional use and felt the branch bank was appropriate at this location. Motion by Urell, seconded by Beeler, to approve the conditional use permit as submitted. Motion carried by the following vote: Aye- Ruden, Gasper, Beeler, and Urell. Nay- None. DOCKET 005-02: Application of Mike and Kathleen Burds for a special exception for property located at 86 No Booth to build an addition I foot from the north side property line, 6-feet required and 17 feet from the front property line, 20 feet required, in an R-1 Single- Family Residential zoning district. Mike Burds, 86 N. Booth, spoke in favor of his request, stating that he wants to build a one-story addition with a basement level garage. He said that he is asking the Board to waive the front and .side yard setback requirements. He stated, that he has spoken to adjacent neighbors, and they have voiced no objection to his project. Chairperson Ruden discussed the project design with the applicant. Mr. Burds stated that the new garage will accommodate two full size cars. Staff Member Wernimont outlined the staff report, stating that the proposed garage and addition will encroach no further than the existing house along the front property line and will be above the grade level of the street. He stated that this proiect presents no public safety concerns or visibility problems. He stated that staff recommends a survey be undertaken for the north side property line. He said that the building department would allow no openings and require a one-hour firewall on the north wall of the proposed addition. Motion by Urell, seconded by Gasper, to approve the application with the condition that the north side property line be surveyed. Motion carried by the following vote: Aye- Ruden, Gasper, Beeler and Urell. Nay - None. DOCKET 006-02: Application of James Gassman for a special exception for property located at 3749 Hillcrest Road, to build a 30' by 30' detached garage, 9 feet from the property line (Grant Street) and 3 feet from the side property line (alley), 20 feet and 4 feet required respectively, and 900 square feet in size, 438 square feet maximum permitted, in an R-4 Multi-Family Residential zoning district. Minutes - Zoning Board of Adjustment February 28, 2002 Page 3 James Gassman outlined his proposal for a 30' by 30' garage behind his townhouse on Hillcrest Road. He stated that the garage would be 900 square feet and would be built closer to the alley and the side yard along Grant Street than current zoning regulations permit. Chairperson Ruden asked if the roof would be fiat or pitched. The applicant said that the roof would be pitched and covered with asphalt shingles. Staff Member Wernimont outlined the staff report, stating that the garage would be approximately twice the size of the existing townhouse. He stated that a vehicle parked in the driveway would block the sidewalk along Grant Street. He stated that, if approved, staff recommends access to the garage be taken from the alley, and not Grant Street. Board Member Urell read the conditions for granting a special exception. Board Members P, uden and Gasper said that the proposed garage does not meet requirement No. 2 because it is out of scale with buildings in the area.. Board Members Urell and Gasper said that the garage is out of proportion with the existing townhouse and adjacent residences. Motion by Gasper, seconded by Urell, to approve the special exception request as submitted. Motion was denied by the following vote: Aye - None; Nay - Urell, Gasper, Beeler and Ruden. DOCKET 0,08-02: Application of Lucille Adams for a special exception for property located at 1460 O'Hagen Street to build a 12 foot by 36 foot carport 17 feet from the front property line, 20 feet required, and 0 feet from the north side property line, 6 feet required, in an R- 1 Single-Family P,esidential zoning district. Lucille Adams and her husband, Clarence Adams, outlined the project. They said that the carport will be compatible with other residential structures in the neighborhood. They stated that their neighbor, McGovern Hardware, has agreed to grant them a 5-foot easement to build their carport over their common lot line. Chairperson P,uden asked why the Adams' did not consider purchasing 5 feet of McGovem Hardware's lot. Mr. Adams said that to do so was not economical. Paul Frommelt, 746 Brookview Square, stated that he is the manager of McGovern Hardware and he saw no problem with granting an easement to his neighbors. He said that the property below his fenced area is currently dead space and is not likely to be used. Mr. Adams stated that without a special exception, he would not consider building a carport. Staff Member Wernimont reviewed the staff report, stating that the Assistant City Attomey has reviewed the easement agreement between the Adams' and Mr. Frommelt, and he said that it is legally binding. He said that Mr. O'Brien felt that the easement, however. may affect the resale of the property. Staff Member Wernimont said that the proposed carport will not compromise visibility and public safety. Board Members discussed the proposed building project, stating their concerns with permitting a property owner to build a Minutes - Zoning Board of Adjustment February 28, 2002 Page 4 structure across a lot line. Board Members stated they felt the proposal did not meet the conditions req aired for granting a special exception. Motion by Gasper, seconded by Urell, to approve the application as submitted. Motion was denied by the following vote: Aye - Gasper; Nay - Ruden, Beeler and Urell. DOCKET 009-02: Application of Gerald & Peggy Miller for a special exception for property located at 1040 Hawkeye Drive to build a single-family home 5 feet from the front property line 20 feet required, in an R-1 Single-Family Residential zoning district. Gerald Miller, 745 Edith Street, presented his application. He stated that he wants to build a single-family home 5 feet from the front property line, noting that the back portion of the property slopes very steeply. Board Members discussed with the applicant the location of the property lines. The neighbor at 1020 Hawkeye Drive voiced concerns regarding the location of the residence on the lot. He stated that he felt the house could meet the cu trent required setbacks still be accommodated on the lot. Board Members discussed the location of the house on the lot relative to adjacent residences and the edge of pavement. Staff Member Hemenway presented the staff report, noting the topography of the subject lot. He stated that the house would not block the view from adjacent residences nor should it present a public safety issue. He stated that the setback on cul-de-sacs used to be 10 feet, but was subsequently changed to 20 feet. Motion by Gasper, seconded by Urell, to approve the conditional use permit, with the condition that the house be built no closer to the front property than the adjacent residence at 1020 Hawkeye Drive. Motion carried by the following vote: Aye - Ruden, Gasper, Beeler, and Urell; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the January 24, 2002 meeting and Notices of Decision for Dockets 001-02,002-02, and 003-02 were approved as submitted. ITEMS FROM PUBLIC: Board Members reviewed a letter received from Milton Boyes regarding the special exception request for his property at 3186 Erie Court. Board Members asked that staff receive and file the letter and expressed no interest in reconsideration of the original special exception. ADJOURNMENT: The meeting adjourned at 5:06 p.m. Respectfully submitted, Adopted Guy Hemenway, Assistant Planner