Minutes_Zoning Board of Adjustment 10 27 16 Dubuque
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:00 p.m.
Thursday, October 27, 2016
Room 250, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Jeff
Cremer, Keith Ahlvin, Bethany Golombeski, and Joyce Pope, Staff Members Guy
Hemenway and Wally Wernimont.
Board Members Excused: None.
Board Members Unexcused: None.
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:05 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 September 22, 2016 Zoning Board of Adjustment were
approved by the following vote: Aye — Cremer, Ahlvin, Pope and McCoy, Abstain -
Golombeski.
Chairperson McCoy moved Dockets 59, 60 and 61 to the beginning of the agenda.
Chairperson McCoy said that both Full Circles Communities dockets for the special
exception and variance would be heard simultaneously and voted on separately.
Docket 59-16/Special Exception: Application of Full Circles Communities for property
located at 180 West 15 Street to develop 36 residential units on a 17,000 square foot
lot, 43,200 square feet minimum required in an OR Office Residential district.
Jordan Bartle and Lindsey Heinz, 310 S. Pierce St., Suite 500, Chicago IL, representing
Full Circles Communities, spoke in favor of their request. They noted they are a non-
profit organization established in 1999, whose intent is to provide housing for veterans
and the disabled. They stated that their intention is to convert the former St. Patricks
School and Four Oaks building to 36 housing units for the disabled and veterans. They
said there will be 20 one-bedroom units and 16 two-bedroom units. Mr. Bartle cited
statistics regarding persons with disabilities and veteran status within the community.
He explained the configuration of the building and noted that office space and on-site
management would be included. He said that the Historic Preservation Commission
Zoning Board of Adjustment Minutes
October 27, 2016
Page 2
had reviewed and approved the minor exterior changes proposed for the building. He
said that the building will be made fully accessible by remodeling the units to include
roll-in showers, accessible kitchens and that elevators will be installed. He said that Full
Circles is partnering with local service provides to help provide a valuable service to the
community.
Mr. Bartles said that Full Circles Communities had applied for funding grants from the
Iowa Finance Authority in November. He said that the facility, if approved, would be
open in the fall of 2017. He discussed the location of the site, and noted that the tenant
population would consist of seniors, veterans and low income individuals. He said that
the characteristics of the resident population were more appropriate for the parking
requirements for the elderly, which is .5 spaces per unit. He said that Four Oaks
currently has 54 staff and up to 70 daily visitors. He said that the parking demand
generated by Four Oaks would be greater than that of the proposed resident
population. He said that those with disabilities, veterans and low income individuals
tend to have fewer vehicles and take fewer vehicle trips. He said that the building is
also in close proximity to pedestrian-friendly amenities and to public transportation
routes. He said that providing housing to special needs populations meets the intention
of the City of Dubuque's Comprehensive Plan and the Consolidated Plan for housing
for the city of Dubuque.
Kevin Conlon, representing Behr Funeral Home, spoke in favor of the request. He said
that he had contacted the cities where Full Circles Communities projects had been
implemented, and he said they were given glowing reviews. He said he had even
contacted police precincts in those areas and that there had been no reported problems
with Full Circles developments. He said that Behrs had leased parking to Four Oaks
and that this arrangement could be a future option for Full Circles if they felt more
parking was needed.
Ann Schroeder, Business Manager for St. Patrick's Church, said that the church had
discussed the request and that they were in support.
Staff Member Hemenway presented the staff report. He discussed the special
exception for lot area, noting that there is sufficient handicapped accessible
active/passive recreation and handicapped paths in the adjacent two-acre park. He
said that the Board has reviewed similar requests in the area, including Steeple Square.
He said that developers of housing for elderly and disabled individuals are required to
provide .5 parking spaces per unit. He noted that since the resident population
proposed for the development would not be exclusively elderly or handicapped, they
are required to provide 1 .5 parking spaces per unit. He said based on the this standard
there would be a 54-space requirement, and as there are 15 spaces on site, there
would be a 39 parking space deficit. He discussed parking issues in the neighborhood,
noting there are 24 parallel spaces on the street directly adjacent to the subject
property, and approximately 100 spaces in lots where the adjacent funeral home and
Zoning Board of Adjustment Minutes
October 27, 2016
Page 3
churches are. He said that Four Oaks would have generated more activity and demand
on parking than the proposed Full Circles development.
Chairperson McCoy expressed concerns that the available housing could change to
market rate units and not be rented solely to veterans and the disabled. Staff Member
Hemenway said that this was a correct assessment. Mr. Bartle noted that they were
restricted in some fashion based on the source of income through the Iowa Finance
Authority. Ms. Heinz said that there is a 30-year land use agreement that is tied to the
IFA Financing. She said that they are required to certify that the residents income-
qualify to be eligible to access funding sources.
Board Member Pope asked if children and families would be allowed in the
development. Ms. Heinz said that the two-bedroom facilities would allow for families;
however, that the single bedroom units would not accommodate families. She said it is
rare that there are families and if so, it was generally a single woman with one or two
children.
Board Member Pope asked why it was necessary to have 36 units. Ms. Heinz said that
because it was a matter of scale, and that the number of units were necessary to make
the project financially feasible. She said there is a demonstrable need for this kind of
housing in the community.
Board Member Cremer asked how many units would be dedicated to those residents
with veteran's status. Ms. Heinz said that they cannot limit residency strictly to veteran
status because of Fair Housing regulations. She said; however, that they had applied
for a grant from Home Depot that would guarantee eight of the units would be used
solely for veterans.
Board Member Ahlvin expressed concerns regarding available parking. Board Member
Golombeski said that she had studied parking issues and discovered that the current
millennial generation tends to be more pedestrian-oriented, own fewer vehicles and
more fully utilize public transportation. She said that the Board could also ask that the
applicants lease additional parking.
Ms. Heinz discussed the amount of parking spaces that they have and the amount that
they anticipate being consumed based on their experience with other developments.
Chairperson McCoy said that he agreed that it is a great re-use of the existing building.
Board Member Ahlvin discussed the potential for the Board to mandate leased parking.
In response to a question from Board Member Cremer, the applicant said that there
would be a maximum of three employees on-site.
Zoning Board of Adjustment Minutes
October 27, 2016
Page 4
Board Members discussed the request. Board Member Ahlvin expressed concerns with
potential for demand on parking.
Motion by McCoy, seconded by Pope, to approve Docket No. 59-16 Special Exception
to develop 36 residential units on a 17,000 square foot lot, 43,200 square feet minimum
required, in an OR Office Residential District. Motion carried by the following vote: Aye
— Cremer, Ahlvin, Pope, Golombeski and McCoy; Nay — None.
Docket 60-16/Variance: Application of Full Circles Communities for property located at
180 West 1 51nStreet, to develop 36 residential units with a deficit of 39 off-street
parking spaces in an OR Office Residential district.
Board Member Ahlvin said that he was not in favor of the request for a parking variance
because that granting the variance may be contrary to the public interest and may
adversely affect other properties in the vicinity.
Motion by McCoy, seconded by Pope, to approve the variance request as submitted.
Motion carried by the following vote: Aye — Cremer, Pope, Golombeski and McCoy;
Nay — Ahlvin.
Docket 61-16/Conditional Use Permit: Application of Operation: New View
Community Action Agency, 4135 Pennsylvania Avenue, to open a licensed childcare
facility with 18 children and four (4) employees, in a C-3 General Commercial district.
Brenda Sullivan, Operator of the New View Community Action Agency, stated that they
are asking to create a Head Start classroom and to use approximately 1 ,000 square
feet of space in an existing commercial building. She said that there will be three staff
members on-site during the day.
No one spoke in opposition.
Staff Member Hemenway presented the staff report. He explained that this is a
licensed child care facility and he noted the location of the proposed employee parking
and drop-off/pick-up area. He said the Engineering Department had reviewed and
approved the current access to Pennsylvania Avenue. He said that the property is
zoned C-3 and entire range of relatively intense commercial activities are permitted.
Board Members discussed the request and asked if the applicant would mind if the
hours of operation be limited. Ms. Sullivan said that she would not mind, and she said
that their hours are generally from 7:30 a.m. to 4:30 p.m.
Board Members discussed the request and felt that it was not necessary to limit the
hours as other commercial activities in the district were not so limited.
Zoning Board of Adjustment Minutes
October 27, 2016
Page 5
Motion by Ahlvin, seconded by Golombeski, to approve the conditional use permit as
submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope,
Golombeski and McCoy; Nay — None.
Docket 64-16/Special Exception: Application of Robert Clauer, 2484 Pinard Street, to
construct a 24' x 24' detached garage six (6) feet from the front property line (Pinard
Street), twenty (20) feet minimum required, in an R-2A Alternative Two-Family
Residential district.
Robert Clauer, 2484 Pinard Street, said that he would like to build a 24' by 24' detached
garage six feet from the front property line on Pinard Street. He said that there had
been a couple of houses torn down on the adjacent lots, and that he wanted to build the
garage up to the existing retaining wall.
Staff Member Wernimont referenced an aerial photo and site plan for the development.
He said that the applicant suffers a topographic issue in that he is hard up against a
very steep bluff and retaining wall. He said that the garage will be a minimum of 15 feet
back from the paved portion of the street, and that Pinard Street at this location has
very little traffic. He said that the garage, if approved, must straddle the lot line to join
two lots together.
Board Member Ahlvin said that he was not concerned with the request, because the
garage would be sitting back far enough that it will not create a visibility issue.
Board Members discussed the request and felt it was appropriate.
Motion by McCoy, seconded by Pope, to approve the special exception request with the
condition that the garage be built so as to straddle the lot line. Motion carried by the
following vote: Aye — Cremer, Ahlvin, Pope, Golombeski and McCoy; Nay — None.
Docket 66-16/Special Exception: Application of John & Nancy Helling, 1861 Avalon
Road, to construct a 10' x 24' attached carport zero (0) feet from the south side
property line, six (6) feet minimum required, in an R-1 Single Family Residential district.
John and Nancy Helling, 1861 Avalon Road, said that they have a one car garage and
would like to create a covered space for an additional vehicle. Mr. Helling said that he
has located his property pins and is confident as to where the lot line is located.
In response from a question from Chairperson McCoy, the Helling's noted they had
installed a drain tile and will add gutters to the proposed carport.
Board Member Golombeski noted that the Helling's will be covering an impermeable
area which should not generate additional storm water.
Zoning Board of Adjustment Minutes
October 27, 2016
Page 6
Staff Member Wernimont reiterated the request, noting that staff recommended two
conditions. He said that the first was that water be directed onto the subject property
and the second was that the applicant be able to demonstrate the property line location
to the satisfaction of the Building official or obtain a survey.
The Helling's discussed their proposed carport, noting that the gutter would encroach
across the lot line, but that their neighbors were not concerned with this.
Staff Member Wernimont noted that the encroachment could not be approved by the
Board as it would encumber both properties.
Board Members discussed the request expressing concern that the gutter would
encroach on the adjacent property.
Motion by McCoy, seconded by Cremer, to approve the Special Exception with the
condition that storm water be directed onto the subject property and that the applicant
demonstrate the property line location to the satisfaction of the Building Official or
obtain a survey. Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope,
Golombeski and McCoy; Nay — None.
Docket 66-16/Special Exception: Application of Ryan Hedley, 2635 Washington
Street, to place an 8' x 10' storage shed one (1) foot from the south side property line
and one (1) foot from the rear property line, three (3) feet minimum required, in an R-2A
Alternative Two-Family Residential district.
Ryan Hedley, 2635 Washington Street, said that he had placed an existing 8' by 10'
plastic storage shed on a paved pad next to his fence. He said that he was not aware
that there was a three-foot side yard setback.
Staff Member Wernimont reiterated the request, noting that the storage building would
be screened by a six-foot high privacy fence, and that it would not block visibility from
the adjacent property. He said that small storage sheds do not require a building permit
and that citizens are often unaware of the required setbacks.
Board Members discussed the request and felt it met the requirements for granting a
special exception.
Motion by McCoy, seconded by Golombeski, to approve the special exception request
as submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, Pope,
Golombeski and McCoy; Nay — None.
NOTE: At 6:00 p.m. Chairperson McCoy and Board Member Pope left the meeting.
Zoning Board of Adjustment Minutes
October 27, 2016
Page 7
Docket 57-16/Special Exception: Application of Ellen & David Rath, 595 West Locust
Street, to place a six (6) foot high fence along the West Locust and Foye Street
frontages, four (4) feet high maximum permitted, in an R-3 Moderate Density Multi-
Family Residential district.
Ellen and David Roth, 595 West Locust Street, explained their request. They noted
they had bought the adjacent house, demolished it, and would like to build a fence
around the yard. Mr. Rath said that fence will be placed back from the front property
line along West Locust Street and will not affect vehicular visibility.
Board Member Golombeski asked if the fence could be aligned with the side of the
house. Mr. Rath noted that moving the fence back would impact existing landscaping
and a tree in their front yard.
Board Members discussed the fence location and visibility issues.
No one spoke in opposition.
Staff Member Hemenway presented the staff report. He discussed the location of the
fence with respect to the house. He explained that since the house that used to screen
the Rath's home was removed the Rath's property is now exposed to adjacent
commercial development, that included lighting, parking, noise and activity. He said
that the fence will be located outside the visibility triangle and will provide a degree of
privacy to the Rath's along their west side property line.
Board Members and the Rath's discussed the request, noting that the fence would have
to be placed along the property line. Staff Member Hemenway noted that if the Raths
would like to place the fence beyond the property into the right-of-way, they would have
to have review and approval for a revocable license from the City's Engineering
Department.
Motion by Ahlvin, seconded by Cremer, to approve the special exception request as
submitted. Motion carried by the following vote: Aye — Cremer, Ahlvin, and
Golombeski; Nay — None.
Docket 58-16/Special Exception: Application of Dan Streif, 1811 Cannon Street, to
place a six (6) foot high privacy fence along the Laurel Street frontage, four (4) foot
maximum permitted, in an R-1 Single Family Residential district.
Dan Streif, 1811 Cannon Street, said that he would like to remove some bushes and
place a fence along his side property line. He said the fence will not obstruct the view
to the street from the adjacent properties. He said he has garnered the approval of his
neighbor regarding his request.
Zoning Board of Adjustment Minutes
October 27, 2016
Page 8
Staff Member Wernimont reiterated the request. He said that the proposed fence will
butt up to an existing fence, and that it is located well outside of the visibility triangle.
He said the fence should have little impact on the neighboring property. He
recommended that, if approved, the City of Dubuque's Engineering Department review
and approve the fence to guarantee site visibility prior to installation.
Board Members discussed the request and felt it was appropriate with the condition
regarding City Engineering approval.
Motion by Golombeski, seconded by Ahlvin, to approve the special exception request
with the condition that the City Engineering Department review and approval the fence
location prior to installation. Motion carried by the following vote: Aye — Cremer, Ahlvin,
and Golombeski; Nay — None.
ADJOURNMENT: The meeting adjourned at 6:30 p.m.
Respectfully submitted,
Kyle L. Kritz, Associate Planner Adopted