Minutes_Zoning Board of Adjustment 9 22 16 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 P.M.
Thursday, September 22, 2016
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy; Board Members Jeff
Cremer, Keith Ahlvin, and Joyce Pope; Staff Members Guy Hemenway, Kyle Kritz and
Wally Wernimont.
Board Members Excused: Board Member Bethany Golombeski.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:08 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the August 25, 2016 Zoning Board of Adjustment meeting were
approved unanimously as submitted.
Docket 47-16/Special Exception: Application of John & Heather Jimo, 2525 Asbury
Road, to construct a deck ten (10) feet from the front property line (Mullin Road), twenty
(20) feet minimum required in an R-3 Moderate Density Multi-Family Residential district.
John Jimo, 2525 Asbury, said that he would like to build a 10' by 16' deck along the
Mullin Street side of his property. He said that they have installed new windows and a
sliding glass door in their house and they would like to be able to access the deck
through the new doorway.
Staff Member Wernimont reiterated the request, noting the deck location on an aerial
photo. He said that the proposed deck will be 6 to 8 feet above grade, will not be
located in the visibility triangle and will not block the view to the street from adjacent
residences or driveways.
Board Members discussed the request and felt it was appropriate.
Motion by Ahlvin, seconded by Pope, to approve the Special Exception as submitted.
Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope and McCoy; Nay- None.
Zoning Board of Adjustment Minutes Page 2
September 22, 2016
Docket 48-16/Special Exception: Application of Michael & Theresa Hesselman, 1818
Asbury Road, to construct a detached garage zero (0) feet from the east side property
line and three (3) feet from the north side property line, six (6) feet minimum required
for both setbacks in an R-2 Two-Family Residential district.
Michael Hesselman, 1818 Asbury Road, said that he has a special needs son and he
would like to get their handicapped equipped van in a garage and out of the weather.
Staff Member Hemenway provided photos of the property. He discussed the setback
requirements, noting that separation is required for fire safety, light, ventilation and
access. He said that, as the request is to build the garage 0 feet from the property line,
the applicant should be able to adequately demonstrate the lot line location to the
satisfaction of the building official. He said that the garage, as proposed, will not block
the view to the street from the front of the adjacent residences or from any adjacent
driveways. He recommended that the applicant redirect storm water from the garage
back onto his lot.
Board Members discussed the request, noting the size of the garage, its height, location
on the lot and building code requirements for 0 lot line setbacks. After discussion, the
Board decided that storm water management was necessary.
Motion by McCoy, seconded by Pope, to approve the Special Exception request with the
condition that storm water be directed back onto the subject property, and that the property
owner adequately demonstrate the property line location to the building official's
satisfaction or obtain a site survey. Motion carried by the following vote: Aye — Cremer,
Ahlvin, Pope and McCoy; Nay - None.
Docket 49-16/Special Exception: Application of Pamela Helmer, 1130 South
Grandview Avenue, to enlarge an existing garage zero (0) feet from the north side
property line, six (6) feet minimum required, in an R-1 Single-Family Residential district.
Pamela Helmer said that she is a real estate agent, 2115 John F. Kennedy Road,
representing the property owner, Bob McClellan. Ms. Helmer noted that potential
buyers expressed concerns that there is only a single car garage on the house. She
said that a two-car garage would make the property more marketable. She said it is not
feasible to place a detached garage in the back yard because of site constraints. She
discussed the request to build a tandem garage, extending an addition off the existing
garage 20 feet forward toward the street.
James Weaver, 1126 South Grandview Avenue, spoke in opposition to the request,
noting that as the adjacent property owner, he is concerned with storm water runoff
onto his property. He said that storm water already flows onto his lot and the proposed
garage will increase the volume. He said that he has a shared driveway with the
applicant and that the garage extension will restrict his access. He submitted several
photographs of the property.
Zoning Board of Adjustment Minutes Page 3
September 22, 2016
Bob McClellan, 1130 South Grandview Avenue said that garage addition should help to
improve the storm water situation because the runoff from the new garage roof will be
redirected. He said that the project will enable him to better manage the storm water.
Board Member Ahlvin asked about the lot line location. Ms. Helmer said that there's a
pin in the driveway and that they believe the lot line runs directly along the foundation
wall.
Staff Member Hemenway presented the staff report, noting the request is to expand a
legally non-conforming garage that, when coupled with the new addition, will constitute
a 40-foot long unbroken wall located directly along the north side property line. He
discussed storm water runoff. He said that the garage will extend 10 feet out in front of
not only the subject house, but the adjacent houses along Grandview Avenue. He said
that the proposed garage addition will not block the view to the street from the adjacent
properties; however, he said he felt it would be out of character with the adjacent
houses' setbacks.
Chairperson McCoy said he agreed that the proposed garage would be out of character
with the surrounding properties and that he had concerns with the 40-foot long
unbroken garage wall.
Board Member Pope said that an open carport may be more appropriate. Board
Member Ahlvin said that the garage would likely impact the value of the adjacent
properties. Board Member Cremer noted that the current property owner will be selling
the house and that he will leave the garage structure for the adjacent property owner to
deal with.
Board Members discussed the request and all four stated they felt that the request did
not meet criteria B, noting that the proposed garage addition may be injurious to the
use, enjoyment and value of the adjacent property.
Motion by McCoy, seconded by Pope, to approve the Special Exception request as
submitted. Motion was denied by the following vote: Aye — None; Nay — Cremer, Ahlvin,
Pope and McCoy.
Docket 60-16/Special Exception: Application of Lori & Dennis Weig, 601 Southern
Avenue, to build a detached carport one (1) foot from the front property line (Sullivan
Street) and one (1) foot from the north side property line, twenty (20) and three (3)
required respectively, in an R-2A Single-Family Residential district.
Lori Weig, 601 Southern Avenue, said that they would like to build a carport at the
corner of their lot. She noted that their yard is steep, and that to place the carport
elsewhere would be difficult.
Zoning Board of Adjustment Minutes Page 4
September 22, 2016
There were no public comments.
Staff Member Hemenway presented the staff report. He explained the setback request,
stating that if the carport were to be placed 20 feet back from the front property line the
hillside would have to be excavated, a retaining wall built and the access steps
relocated. He said that the site suffers a topographic hardship. He said that the carport
will be of an open design and should not block the view to the street from the alley or
from adjacent residences.
Chairperson McCoy asked about the alley location. Staff Member Hemenway noted
that the carport would be located directly adjacent to the alley which he said is steep
and rarely used.
Board Member Pope said that she wanted to ensure that the carport remained of an
open design.
Motion by Pope, seconded by Ahlvin, to approve the Special Exception request with the
condition that carport remain of an open design. Motion carried by the following vote: Aye
— Cremer, Ahlvin, Pope and McCoy; Nay — None.
Docket 61-16/Special Exception: Application of Ricky & Kathy Hurst, 3975 Inwood
Avenue, to build a 24' x 24' detached garage, for a total of 1 ,296 sq. ft. of detached
accessory structures, 752 maximum allowed in an R-1 Single-family Residential district.
Ricky and Kathy Hurst, 3975 Inwood, outlined their request. Mr. Hurst said they would
like to build a 24' by 24' detached garage in back of their existing garage noting that it
would be located well away from the property lines. He said that the additional garage
space is needed for storage.
Chairperson McCoy asked if the garage would be used as a machine shop. The
applicant said no, just for storage.
Staff Member Wernimont outlined the staff report, noting that the request is to build a
second garage that would result in a total of 1 ,296 square feet of accessory structures
on the lot. He said that the footprint of the existing house is 752 square feet which
limits the total amount of square footage of accessory structures to the same square
footage. He said that when the house was originally built it was located in the county
and subsequently annexed. He said that the current garage is built on a floating slab,
and the applicants were not able to expand the garage because of building code
requirements. He discussed photos of the materials stored in the yard noting that they
could be moved indoors if the garage were to be approved. He said that the lot is
10,000 square feet in area and that, if approved, the building coverage on the lot would
only be 20%. He said that he has received no input from the neighbors.
There were no public comments.
Zoning Board of Adjustment Minutes Page 5
September 22, 2016
Board Member Pope asked if staff had a picture of the house. Staff Member
Wernimont provided photographs of the house and property.
Board Member Cremer questioned access to the garage. The applicants said that
access would be taken from Inwood Street.
Staff Member Wernimont noted that the materials on the site would be stored indoors
bringing the site into compliance, and that if the garage were used frequently, a paved
driveway would be required.
Board Member Pope asked which way the garage doors would face, and the applicant
said toward Inwood Street.
Board Members discussed the request and felt it was appropriate.
Motion by McCoy, seconded by Cremer, to approve the Special Exception request as
submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope and McCoy;
Nay - None.
Docket 62-16/Special Exception: Application of Barb Sergio / Gronen Development,
1501 Jackson Street, to create twelve (12) residential units on a 12,500 sq. ft. lot,
14,400 sq. ft. minimum required in an OR Office Residential district.
Nancy Kann, representing Gronen Restoration, and Jeff Morton, representing Morton
and Associates Architects, referred to a concept plan of St. Mary's Apartments and of
the Steeple Square campus. They noted the location of the building and explained the
campus-wide development that would include green space and outdoor recreation area.
They stated there are adequate parking spaces on the campus. They noted that the
building would be repurposed by developing 12 residential units.
Staff Member Hemenway presented the staff report. He explained that repurposing the
school building to a 12-unit apartment building would help to reinvigorate the
neighborhood and eliminate a potentially blighted structure. He noted the requirement
for lot coverage saying that it is needed for exterior recreation space and for storage of
such things as barbeque grills, clothes poles and garbage cans. He said that the
building is part of a campus-wide redevelopment that will include interior green area.
He referred to aerials of the site and noted that Jackson Park and the Prescott School
playground were approximately 800 feet away. He said that this request represents a
positive adaptive re-use of a vacant building.
There were no public comments.
Chairperson McCoy asked if the applicants would be bound by the submitted concept
plan. Staff Member Hemenway said that the Board could condition the approval based
on the submitted concept plan.
Zoning Board of Adjustment Minutes Page 6
September 22, 2016
Board Member Pope asked how far the building was from the Prescott School
playground. She asked why the applicants decided to create 12 units, not 10 units,
which she said would make them compliant. Mr. Morton said that they are trying to
maximize the interior space as there is a demonstrable need for transitional housing.
Ms. Kann said that some of the units would be market rate and others would be
subsidized.
Board Member Pope asked if the property could be re-platted to create additional lot
area for green space. Board members said that it should be easy to re-plat the
property incorporating additional area into the subject lot. Ms. Kann noted that the
entire property will be redeveloped into a campus, and that most of the current asphalt
will be removed and replaced with green space, including a park-like area with play
equipment.
Chairperson McCoy asked about off-street parking requirements. Staff Member
Hemenway noted the location of off-street parking on the subject property at a remote
parking lot diagonally from the Steeple Square Campus. He said that ultimately the
reconfiguration of the entire campus will require that the applicant provide the requisite
amount of parking or seek a parking variance.
Board Member Pope discussed the location of the potential green space adjacent to the
subject property. Ms. Kann noted Steeple Square is in the process of fundraising and
when the adequate funds are received, they will immediately begin to create the interior
landscaping and greenspace.
Chairperson McCoy said that the implementation of the interior landscaping and green
space area will help meet the needs of the residents of the apartment building.
Board Members discussed the ability to require that green space be provided prior to
occupation of the residential units. Ms. Kann and Mr. Morton said that they were not
opposed to such a requirement.
Motion by McCoy, seconded by Pope, to approve the Special Exception request with the
condition that the green space on the subject lot be installed as per the submitted concept
plan prior to occupation of the residential units at 1501 Jackson Street. Motion carried by
the following vote: Aye — Cremer, Ahlvin, Pope and McCoy; Nay - None.
Docket 63-16/Special Exception: Application of Dale & Christina Rader, 1745
Plymouth Court, to construct an attached garage addition zero (0) feet from the west
side property line, six feet minimum required in an R-1 Single-Family Residential
district.
Dale Rader, 1745 Plymouth Court, said that he would like to tear down an existing
detached garage and build an attached garage addition to his house. He said that he
discovered that the existing detached garage was built onto the public right-of-way. He
Zoning Board of Adjustment Minutes Page 7
September 22, 2016
said it is his intent to replat the property purchasing a portion of the right-of-way from
the City of Dubuque, and to build his garage addition 0 feet from the newly established
property line.
Staff Member Wernimont noted the history of the adjacent platted street, stating that it
is a 50-foot wide right-of-way, that it dead-ends and only serves two houses. He said
that the City is not interested in maintaining the right-of-way. He said that the detached
garage was built in 1985 and that records did not indicate that approval had been
granted to build on the public right-of-way. He said that the applicant applied for a
revocable license from Engineering; however, the City decided that it would be more
appropriate to vacate a portion of the right-of-way. He said that the applicant would be
purchasing 7 feet of right-of-way and the garage addition will be built up to the newly
established lot line. He said that the property will have to be surveyed for the proposed
re-plat. He said that the neighbors have been contacted and have not expressed any
concerns. He clarified the location of the proposed garage relative to the paved portion
of the right-of-way.
There were no public comments.
Board Members discussed the request and felt it was appropriate.
Motion by Pope, seconded by Ahlvin, to approve the Special Exception request with the
condition that the property be re-platted as per the submitted plat. Motion carried by the
following vote: Aye — Cremer, Ahlvin, Pope and McCoy; Nay - None.
ADJOURNMENT: The meeting adjourned at 6:45 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted