Minutes Zoning Bd Adj 3 28 02 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, March 28, 2002
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, iowa
PRESENT:
Chairperson Mike Ruden; Board Members Jim Urell Randy Kiauer, Bill
Gasper and Fred Beeier; Staff Members Kyle Kritz and Wally Wernimont.
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 4:00 p.m. by Chairperson Ruden.
Chairperson Ruden stated that Weitz Sign Company/McGraw Hill Companies stated that
they would like to have their variance request- D15-02 to install one 920 square foot wall-
mounted sign, 400 square foot maximum permitted, in a PI Planned Industrial zoning
district at 7500 Chavanelle Road to be tabled until the April Zoning Board of Adjustment
meeting.
Motion by Gasper, seconded by Klauer, to table the application for a variance as
requested by the applicant. Motion was approved by the following vote: Aye- Klauer,
Gasper, Beeler and Ruden; Nay- None.
NOTE: Board Member Jim Urell arrived at 4:03 p.m.
DOCKET 010-02: Application of Clarence & Lucille Adams for a special exception for
property located at 1460 O'Hagen Street to build an attached carport 17 feet from the front
property line and 0 feet from the north side property line, 20 feet and 6 feet required
respectively, in an R-1 Single-Family Residential zoning district.
Clarence and Lucille Adams reviewed their request to construct a carport along the north
side of the house. Staff Member Wernimont reviewed the staff report, stating the
applicants were denied a special exception at the previous Zoning Board of Adjustment
meeting because the structure was actually going to be built over the property line. He
stated the applicants are now resubmitting a new application reducing the width of the
carport and asking for a zero lot line setback.
The Board discussed the location of the carport and derived that the proposal would not
adversely impact the adjacent property.
Motion by Gasper, seconded by Urell, to approve the special exception as submitted.
Motion was approved by the following vote: Aye - Klauer, Gasper, Beeler, Urell and
Ruden; Nay - None.
Minutes - Zoning Board of Adjustment
March 28, 2002
Page 2
DOCKET 011-02: Application of Robert & Julie Tauke for a special exception for property
located at 864 S. GrandviewAvenue to build a 24 foot by 26 foot detached garage 2 feet
from the rear property line and 2 feet from the south side property line, 6 feet required, in
an R-1 Single-Family Residential zoning district.
Robert Tauke reviewed his application with the Board. He noted that the location of the
proposed garage will allow him to better access it with a vehicle, and it would leave room
between his house and the garage.
Gary Campbell, 869 Ramona Street, spoke in opposition to the special exception. He
stated that the 2-foot setback from his rear property would not allow adequate light for
growing trees he plans to plant. Mr. Campbell indicated that the garage would be above
his property because it would be built on a retaining wall and could adversely impact his
property value. He stated that if he knew the garage would have a 10-foot tall wall then he
would have not signed a limited setback waiver application prior to this meeting.
Mr. Tauke stated that there would be 10 feet between his garage and the neighbor's
garage. In addition, he plans to place a building wall of the garage 3 feet from the property
line with a 12" eave. Mr. Tauke said his lot is 50' by 100', and he needs to set the garage
closer than 6 foot to the rear property line to provide safe backing distance to avoid hitting
the house.
Staff Member Wernimont reviewed the report, noting that the request had been modified at
the meeting by the applicant to a 3-foot setback rather than a 2-foot, which should be
included in the Board's motion. The Board discussed the impact of the proposed garage on
the abutting property, including the height of the proposed garage. The Board reviewed
the standards for granting a special exception.
Motion by Urell, seconded by Gasper, to approve the special exception as submitted.
Motion was denied by the following vote: Aye- None; Nay - Klauer, Gasper, Beeler, Urell
and Ruden.
DOCKET 012-02: Application of Larry & Tare Goedert for a special exception for property
located at 1695 Ruann Drive to build a 6 foot fence along the front property line
(Pennsylvania Avenue), 4 foot maximum allowed, in an R-1 Single-Family Residential
zoning district.
Larry and Tara Goedert reviewed their request, noting that the wooden fence would
provide privacy and security, and the 6-foot height will be more effective than a 4-foot high
fence for keeping their children in the yard.
Staff Member Wernimont discussed the visibility along Pennsylvania Avenue, and that the
proposed fence being built on the property line would block the view for a vehicle pulling
out of the driveway.
Minutes - Zoning Board of Adjustment
March 28, 2002
Page 3
Staff Member Kritz discussed the possibility of having a visibility triangle located at the
intersection of the driveway and the property line that would allow adequate sight visibility
to the sidewalk and street for a vehicle pulling out of the driveway.
The Board discussed visibility issues for both pedestrians and vehicles entering and
leaving the site.
Motion by Urell, seconded by Gasper, to approve the special exception, with the condition
that the fence provides a 10-foot visibility triangle where the driveway intersects with the
Pennsylvania Avenue right-of-way. Motion was approved by the following vote: Aye -
Klauer, Gasper, Beeler, Urell and Ruden; Nay - None.
DOCKET 013-02: Application of Klm Schmelzer for a special exception for property
located at 4490 Peru Road to build a 24 foot by 48 foot (1,152 square foot) detached
garage 17 feet in height, 15 feet maximum allowed, for a total of 1,344 square foot of
accessory structure, 1,000 square feet allowed in an R-1 Single-Family Residential zoning
district.
Klm Schmelzer reviewed his request, stating that he would like to build a 24' by 48'
detached garage on his property. Staff Member Wernimont reviewed the existing
accessory structures located on the property and noted that the proposed garage will meet
currant required setbacks. Staff Member Wernimont provided an aerial photo of the site,
showing the property being surrounded by agricultural land and conservancy.
Motion by Urell, seconded by Klauer, to approve the special exception as submitted.
Motion was approved by the following vote: Aye - Klauer, Gasper, Beeler, Urell and
Ruden; Nay - None.
DOCKET 014-02: Application of Rick Droeske/Fountain Park for a variance to install six
freestanding signs for a total of 185 square feet of sign area, where one free standing sign
and 40 square feet of sign area is the maximum permitted, and to install one 24 square
foot wall-mounted sign and one 18 square foot wall-mounted sign, 16 square foot
maximum permitted for each, in an OC Office Commercial Zoning District at 2728 Asbury
Road.
Mark Tressel, co-owner of Fountain Park, presented the application. He stated that the
site currently has four large buildings located on four acres of land with multiple tenants.
He stated that the additional signage would be used to direct people to the appropriate
building and suite at which they are located.
Chairperson Ruden asked the applicant to approach the Board and show which signs
would be lighted. Mark Tressel and Dan Lang, Weitz Sign Company, showed the Board
which signs would be lighted and which signs would not. The Board discussed the size
and locations of the signs. No one spoke in opposition to the applicant's request.
Minutes - Zoning Board of Adjustment
March 28, 2002
Page 4
Staff Member Kritz presented the staff report. He stated the property is currently zoned
Office Commercial. He noted it is the largest property under common ownership that is
zoned Office Commercial. He referred to what would be the permitted signage allowed in
an OC Office Commercial zoning district. He referred to the size of the signage being
proposed, and distributed photos of the site.
The Board discussed the size of the signage in relationship to the site and the structures.
The Board discussed the location of the directory signs and the wall-mounted signs on the
building. The Board discussed that the wall-mounted signs would only be viewable from
the parking lot.
Motion by Gasper, seconded by Klauer, to approve the variance as submitted. Motion was
approved by the following vote: Aye - Klauer, Gasper, Beeler, Urell and Ruden; Nay -
None.
MINUTES & NOTICES OF DECISION: Motion by Gasper, seconded by Urell to approve
the minutes of the February 28, 2002, meeting and Notices of Decision for Dockets 004-
02, 005-02, 006-02,007-02,008-02 and 009-02. Motion carried by the following vote: Aye
- Klauer, Gasper, Beeler, Urell and Ruden; Nay- None.
ITEMS FROM BOARD: Board Member Gasper stated that he will not able to attend the
April Zoning Board of Adjustment meeting.
The Board discussed that Mike Rudenand Randy Klauer will abstain from voting on the
McGraw Hill variance because of a conflict of interest.
ADJOURNMENT: The meeting adjourned at 5:00 p.m.
Respectfully submitted,
Wally Wernimont, Assistant Planner Adopted