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