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Dubuque County Board of Adjustment

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Dubuque County Board of Adjustment ...

    Zoning Board of Adjustment Meeting Minutes September 3, 2009

    Dubuque County Zoning Board of Adjustment - Draft

    Minutes of September 3, 2009 Public Hearing

    Chairperson Ron Koppes called the meeting to order at 7 p.m.

A. ROLL CALL: Members Present: Darlene Burds, Ron Koppes & Susan Hellert. Pat

    Hickson & Connie Nolan were excused. Staff Present: Anna O‟Shea & Donell Hefel

Mr. Koppes announced that since there were only three Board Members present, any

    motion that would be made would have to have a unanimous vote to pass either for or

    against.

    B. APPROVAL OF MINUTES: A motion was made by Ms. Burds, seconded by Ms. Hellert, and passed unanimously to approve the corrected minutes of the July 7, 2009

    meeting. Vote: 3-0.

A motion was made by Ms. Burds, seconded by Ms. Hellert, and passed unanimously to

    approve the minutes of the August 4, 2009 meeting. Vote: 3-0.

C. PUBLIC HEARINGS:

1. BA#09-25-09 TVRDY, MICHAEL - VARIANCE

The applicant is requesting two variances, a 3‟ right side yard variance to the 15‟ required

    to build 12‟ from the right property line, and a 24‟ rear yard variance to the 40‟ required

    to build 16‟ from the rear property line for an 18‟ x 50‟ attached garage in the R-3, Single

    Family Residential district. The property, located 5.5 miles southeast of the City of

    Dubuque along South Beach Lane, is legally described as Lot 1-2-1-2-2-6 of Government

    Lots 1 and 2, (T88N, R3E), Section 14, Mosalem Township, Dubuque County, IA.

Ms. O‟Shea reported that the home is located in the Massey Marina area where the lots

    are about 1/3 of an acre. Mr. Tvrdy owns a lot directly across the road where he has a

    detached garage and his septic drain field. The properties along this part of S. Beach

    Lane have a river view. Seven letters were sent, seven were delivered.

    Ms. O‟Shea read a comment from Kim & Wayne McDermott, 4637 South Beach Lane, Dubuque, IA. The letter mentioned some discrepancies in the lot lines and described

    what the McDermotts state are the actual lot lines and distances for the requested

    setbacks. The McDermott‟s letter was against the variance but stated they would agree

    with a 1‟ right side yard variance and a 4‟ rear yard variance.

Speaking to the Board was Michael Tvrdy, 4641 South Beach Lane, Dubuque, IA. Mr.

    Koppes administered the following oath (asking the participant to raise his right hand):

    Do you solemnly swear that the testimony you are about to give is the truth, the whole

    truth and nothing but the truth? Mr. Tvrdy said yes.

Mr. Tvrdy said that he just wants to put a garage on his house. He stated that his

    neighbor asked that he not put a double garage on, which is what he had wanted to do.

    They had discussed a tandem garage and that is what he has put in a request for. Mr.

    Tvrdy also said that he wanted to put up a patio and a pergola. He said the Zoning Office

    told him he needed to meet the setbacks for the pergola because it would be closer than

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    the 40‟. Mr. Tvrdy said that he does have a shop down below but it is not accessible in the winter.

Mr. Koppes said there was a mention of a patio and that there was nothing in the notice

    about that. Ms. O‟Shea responded that a patio is flat work and the Zoning Ordinance does not require setbacks on flat work. She said that would be like driveways or

    sidewalks.

Mr. Tvrdy asked about the pergola. He said that when he had talked about it with the

    Zoning Office he thought it would be an issue but they said it was a gray area. Ms.

    O‟Shea asked what kind of a structure it would be. Mr. Tvrdy said that he wasn‟t sure

    yet but it would be something that could be covered but that you could see through. He

    said trellis-like would be a good way to describe it. Ms. O‟Shea said that once he has the plans the Zoning Office would have to look at it. Mr. Tvrdy asked if he would have to go

    through all of this again. Ms. O‟Shea said that it would be a possibility. Mr. Tvrdy said

    he had asked about it once, why wasn‟t it on the notice. Ms. O‟Shea said there was not

    anything on the site plan that indicated a pergola, it just shows a garage and patio.

Mr. Koppes said that they could not act on something that was not stated in the variance

    application. Ms. O‟Shea said that she did not realize there was going to be any structure

    on the patio.

Mr. Koppes asked for clarification on the lines and setbacks. Ms. O‟Shea said that

    according to the site plan that Mr. Tvrdy presented he would have exactly 30‟, 18‟ for the

    garage and 12‟ for the side yard which would be 30‟. What has come into question by

    Mr. McDermott is that that he had a survey done and he knows where the survey lines are

    and he says that when he had the survey done the distance from the house to the property

    line was 28‟. Ms. O‟Shea said that is something that she could go out and check before

    Mr. Tvrdy builds or before a decision is made. Mr. Koppes responded that he did not

    know if he would vote on something if there is some question about property lines. Ms.

    O‟Shea said that there is an electrical pole there and those are usually on the property line.

    Mr. Koppes said that may not necessarily be the case.

Ms. Hellert said that she was a little confused between what was on the site plan and what

    was in the letter stating where stakes were placed in the rear yard. Mr. Tvrdy said that

    the setbacks or part of the setbacks had to do with the pergola and what he had discussed

    with Mr. Bodnar from the Zoning Office, they were not just for the garage.

Mr. Koppes asked if he Board had any more questions. There were none.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case.

Speaking to the Board were Wayne & Kim McDermott, 4637 S. Beach Lane, Dubuque,

    IA. Mr. Koppes administered the following oath (asking the participants to raise their

    right hand): Do you solemnly swear that the testimony you are about to give is the truth,

    the whole truth and nothing but the truth? They both responded yes. Mr. McDermott

    said that he realizes Mr. Tvrdy would like to have a garage on his house and that it was

    not Mr. Tvrdy who put the house where it is. Mr. McDermott said that the house that

    was on the property previous to this one was not as close to the property line. Mr.

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    McDermott said that if you take the length of the house at 56‟ plus the 15‟ side yard

    setback and the 15‟ off the left yard you end up with 86‟ which leaves only 14‟ for the

    garage. Ms. McDermott said that they would agree to a 14‟ wide garage. Mr.

    McDermott said that he would even be willing to go with a 15‟ wide garage, but with an

    18‟ wide garage and 50‟ long that would really crowd their home and windows. He said

    the view would be obstructed and that is why they bought the property, for the view. He

    said that his mother‟s home is completely blocked and she no longer has any view and he

    does not want that to happen to their home.

Mr. McDermott said that he wasn‟t aware of the patio situation either. He said that he is

    okay with the length of the garage as it is stated because it is stopping only a couple of

    feet into his deck area. If it were any further back it would block the whole deck area.

Ms. Hellert said there was still some confusion with the site plat and the rear yard setback.

    As it is stated on the site plan the garage would go back a lot further and Mr. McDermott

    said it would obstruct their view. Ms. Hellert said she thought that is what was being

    presented but now it seems that the rear yard setback is for the patio or pergola. However,

    they have to go with what is on the site plan and they would be voting on a 16‟ rear yard

    setback for the garage.

Ms. O‟Shea pointed out that the Board could modify the request by reducing but they

    could not increase the amount wanted for the variances. The property owner would have

    to be agreeable to that.

Ms. McDermott said that before the house that is on Mr. Tvrdy‟s lot was put there they

    went together with another neighbor to have the property surveyed. He said that the

    home is definitely 15 ?‟ from the left side. So that is where he is coming up with the

    numbers for the right side at 28‟ not 30‟.

    Ms. O‟Shea said that in other words the garage could be a maximum of 13‟ wide if there were no variance. Mr. McDermott said that if it is 29‟ then 14‟ would be the max, but he

    is absolutely sure there is not 30‟ on the right side.

    The McDermotts said that they would have no problem with a 4‟ rear variance and if Mr. Tvrdy would agree to a 14‟ wide garage they could agree to that.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. There was no one.

Ms. Hellert said that given the discrepancy on the side lot lines, and the way the variance

    is written, she stated that she would have to make a motion to deny the request as written.

    Ms. Burds seconded the motion.

Mr. Koppes said that under discussion there could be the possibility that it be tabled until

    the next meeting or until the proposal is clarified. Ms. Hellert said the way that this

    request has been submitted and the site plan drawn, she felt she could not vote in favor of

    a 16‟ rear yard setback if she did not know if that is for the garage or something else. She said that it is confusing at best and does not feel comfortable supporting the variances as

    written.

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    Mr. Koppes said that he thought they may be able to get the property line determined but

    because of the way the request is written they do not have a choice but to approve or deny.

Mr. Koppes stated that there is a motion and a second to deny the request. Vote to

    deny was unanimous. Vote: 3-0

    2. BA#09-26-09 FLANAGAN, MIKE & PEGGY VARIANCE

    The applicants are requesting a one foot Height Variance to build a 26‟ x 30‟ detached garage at 12‟ 6” instead of the 11‟ 6” allowed in the R-3, Single Family Residential district. The property, located .25 miles southeast of the City of Dubuque along

    Monticello Drive, is legally described as Lot 10 of Kerrigan Road Heights Subdivision,

    (T88N, R2E), Section 12, Table Mound Township, Dubuque County, IA.

    Ms. O‟Shea reported that the lot is about .42 of an acre and has a community well and community septic system. This is an older subdivision and the lots in the area have a gas

    line that runs through the back of the lots. Access to the garage may be difficult because

    there is only about 12‟ of side yard on each side of the building. The building permit was

    issued because Mr. Flanagan was going to go with a 24‟ x 30‟ building and didn‟t need

    the height variance. Now he is requesting a 26‟ x 30‟ building with 9‟ sidewalls instead

    of the 8‟sidewalls. Twenty-one letters were sent, eighteen were delivered and the city of

    Dubuque was also notified.

Speaking to the Board was Mike Flanagan, 9562 Monticello Dr., Dubuque, IA. Mr.

    Koppes administered the following oath (asking the participant to raise his right hand):

    Do you solemnly swear that the testimony you are about to give is the truth, the whole

    truth and nothing but the truth? He responded yes.

Mr. Flanagan said that he just wants to build his garage one foot higher. He has a work

    truck and when he is laid off in the winter he has to park it in the street and then dig it out

    of the snow whenever he wants to use it. He said that he also has a classic car that he has

    kept at his parent‟s home for 20 years and he would like to store it at his home. He stated

    he also has a boat that cannot go in a 7‟ tall garage.

Ms. O‟Shea read some comments received. One from Marilyn Wubben, 10860 Cascade

    Road, across the road and to the east of the Flanagans. The letter states that she is against

    the variance. She does not want to see additional structures put up in the neighborhood.

    She said everyone wants to add on to their homes and it looks junky on the small lots.

Another comment was received from Alvin Cooper‟s son Gary Cooper. Mr. Alvin

    Cooper lives at 9545 Monticello, which is right across the road from the Flanagans. Mr.

    Gary Cooper had said that his father had called him and wanted him to make his concerns

    known. He is against the variance because the gas lines run right under the slab that has

    been poured. The access to the building or garage will be a problem other than driving

    on the east side of the property and then over someone else‟s land. He said that he feels it

    would just be a place to hold parties. He is also concerned that the slab is too close to the

    property line.

Mr. Flanagan said that the gas line is closer to the house and not under the slab. He said

    that originally he had wanted to put the garage closer to the house but he had called the

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    gas company and it would have been too close to the gas line so he moved it to the back of the lot where it can barely be seen from the road.

    Ms. Hellert asked how would the garage be accessed. Mr. Flanagan said that according to him he has 14‟ on the side of his home. Ms. Hellert asked if there would be a driveway or would it just be used once in awhile. Mr. Flanagan said he would be only using it once in awhile. He said that if it would rain and the ground would be soft he would not use it because he would not want to tear up his lawn. Ms. Hellert said that it would not be a driveway then. Mr. Flanagan said not now but maybe down the road. He did check with the gas company and he would be allowed to put a driveway over the gas line. He said that they told him they would have to be there when he put the driveway in. Ms. O‟Shea also stated that since it is a county road he would have to get an entrance

    permit to put in the driveway.

    Ms. Hellert asked if the lot sloped down in the back and therefore even though the walls are higher than the house would it look as if it were lower than the house? Mr. Flanagan responded that the lot does slope and they lasered the garage and even though it is taller than the house, because of the slope of the land it will sit 1 ? feet lower than the house.

    Mr. Flanagan said that right now he has two sheds behind his house to store things. Ms. Hellert asked if they would be coming down. Mr. Flanagan said that possibly one would come down.

    Mr. Koppes asked if there was anyone in the audience who wished to speak for or against the case. No one spoke.

A motion was made by Ms. Burds, seconded by Ms. Hellert and passed unanimously to

    approve the height variance with the stipulation that it meet all the requirements of the Board of Health and the Zoning Ordinance. Vote: 3-0

3. BA#09-27-09 HEBER, ERIC & STACY VARIANCE

    The applicants are requesting two variances, a 12‟ front yard variance to the 50‟ required to build 38‟ from the front property line, and an 11‟ Height Variance to build at 20.5‟ instead of the 9.5‟ allowed. The proposed structure will be a 30‟ x 40‟ x 20.5‟ accessory structure in the R-2, Single Family Residential district. The property, located 3 miles south of the City of Dubuque along Olde Davenport Rd., is legally described as Lot 2-1-1-2 SE SW Lot 2-2-1-1-1-2 SE SW, (T88N, R3E) Section 30, Mosalem Township, Dubuque County, IA.

    Ms. O‟Shea said that this home was built in 1922 and is very close to the road. The new shed will be set back farther than the existing home. The lot slopes away from the road. Thirteen letters were sent, thirteen letters were delivered. The Zoning Office received two comments. Ms. O‟Shea said that the County Engineer and the County Health Administrator review the case. The County Engineer had no concerns at this time. The comment from the health administrator made was that the drain field cannot be closer than 10‟ from the home and must be 10‟ or more from the property line.

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    A comment was received from Elaine Mullen, 7160 Olde Davenport Road. She is not necessarily against the variance but she would like the Board of Adjustment to restrict the use of accessory structures for personal use only, no business use should be allowed.

    A comment from Adam Wierup, 7127 Olde Davenport Road, he lives directly next to the Hebers and has absolutely no objections to the variance.

Speaking to the Board was Loren Heber, 9479 Laudeville Rd., Dubuque, IA. Ms. O‟Shea

    read a letter from Eric Heber stating that in his absence he authorizes his father Loren Heber to speak on his behalf. Mr. Koppes administered the following oath (asking the participant to raise his right hand): Do you solemnly swear that the testimony you are about to give is the truth, the whole truth and nothing but the truth? He responded yes. Mr. Heber said that his son bought the property at auction in July and he would like to have a shed to store some old tractors. He stated that it would not be a welding shop or repair shop it is just a place to keep his tractors. He also said that his son plans on tearing down the present home and building a new home in approximately the same place but farther back on the lot.

    Mr. Koppes asked how many tractors he has. Mr. Heber said that he has a 1206 International and he is looking at another one he would like to restore. He likes the larger tractors.

    Ms. Burds asked if his son buys them and restores them. Mr. Heber said that no his son buys them and he restores them. Mr. Koppes said it is a fairly large building. Mr. Heber said that his son also likes to do some woodworking. He said that also when they tear down the home to build a new one they would like to salvage as much as they can from the old home and this would give them a place to work on things. Mr. Heber said it would not be a tin building it would be a nice building.

    Speaking to the Board was Tom Budde, 7258 Olde Davenport Rd., LaMotte, IA. Mr. Koppes administered the following oath (asking the participant to raise his right hand): Do you solemnly swear that the testimony you are about to give is the truth, the whole truth and nothing but the truth? He responded yes. Mr. Budde said that he thought the building was pretty big and not in conjunction with other out buildings in the area. He said he thought the height of the structure would indicate a business and once it is up it would not be controlled. He said that as far as a place to store the tractors there are plenty of empty farm buildings in the area. He said that over the past 10 years there have been over 35 new houses near his farm and they are bringing businesses to the community. He said that they are impacting the price of farm land, making it prohibitive to buy or rent farm ground. He said it is increasing traffic on Olde Davenport Rd. He said the road is in terrible shape. He said there is a safety hazard as people walk down the side of the road and there are no shoulders and no one is doing anything about it. He said that he opposes it, he believes that it is larger than any of the out buildings that exist in the area. He said that this is not farm ground. He said he cannot emphasize enough to the Board of Supervisors or Zoning Board that this road is not safe. There is increased traffic and people pushing baby strollers along the road. Something needs to be done.

    Ms. Burds asked why the building needs to be so tall. Mr. Heber said that the tractor his son is looking at is a cab tractor that needs at least a 12‟ door to get through. Ms. O‟Shea

    explained the formula for the height variance. There was some question about the

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    basement height. Mr. Heber explained that the sidewalls would be 12‟ and there would be no basement. Ms. O‟Shea said that would reduce the variance to about 5‟ instead of

    the 11‟.

Mr. Koppes asked if businesses were allowed in an R-2 district. Ms. O‟Shea said that

    only a household occupation. She read the definition of the household business from the

    Zoning Ordinance.

Mr. Koppes asked if Mr. Heber had any other information. He responded that his son

    would definitely not be running a business on the property.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

Ms. Hellert asked if there were any similar structures in the neighborhood of that size.

    Mr. Heber said that he was not aware of any.

A motion was made by Ms. Hellert, seconded by Ms. Burds and passed unanimously

    with the stipulation that the building is strictly for personal use no business use is

    allowed. Vote: 3-0

4. BA#09-28-09 LOEFFELHOLZ, TIMOTHY & MARSHA VARIANCE

    The applicants are requesting a 45‟ right side yard variance to build a 30‟ x 50‟ detached garage 5‟ from the right property line instead of the 50‟ required in the R-1 Rural

    Residential district. The property located 1.0 mile west of the City of Dubuque along

    Humke Road, is legally described as Lot 2 NE SW, Lot 2-2-1 NE SW, (T89N, R1E),

    Section 26, Center Township, Dubuque County, IA.

    Ms. O‟Shea said that this lot is over an acre and is zoned R-1, Rural Residential. There is a small shed that will be torn down and a new garage built in its place. Because of the

    placement of the home and the septic system the garage will need to be closer to the side

    yard property line. Four letters were sent, four were delivered and the city of Dubuque

    was also notified.

Speaking to the Board was Timothy Loeffelholz, 16750 Humke Road, Dubuque, IA. Mr.

    Koppes administered the following oath (asking the participant to raise his right hand):

    Do you solemnly swear that the testimony you are about to give is the truth, the whole

    truth and nothing but the truth? He responded yes. Mr. Loeffelholz said that he would

    like to put up a garage on his property because they have no garage for their vehicles. He

    said that in the winter they have to shovel their cars out because it drifts so bad at the top

    of the hill.

Ms. Burds asked why it needed to be so big. Mr. Loeffelholz said that he has a couple

    boats, lawn mowers and his vehicles. He said the other shed would be torn down.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

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Zoning Board of Adjustment Meeting Minutes September 3, 2009

    A motion was made by Ms. Burds, seconded by Ms. Hellert and passed unanimously to

    approve the variance with the stipulation that the old shed be torn down and the

    new building is to be for personal use only no business use allowed. Also, the new

    structure must meet all the requirements of the Health Board and Zoning

    Ordinance. Vote: 3-0

    5. BA#09-29-09 RIEDL, DONALD & DIANE VARIANCE

    The applicants are requesting two front yard variances, a 55‟ variance to the 80‟ required to build 25‟ from the front property line along Balltown Rd. and a 55‟ variance to the 80‟

    required to build 25‟ from the front property line along Panoramic View, for a single

    family home in the R-1, Rural Residential district. The property located 1.5 miles

    northwest of Sherrill, IA., is legally described as Lot 12 Datisman Development, (T90N,

    R1E), Section 11, Jefferson Township, Dubuque County, IA.

    Ms. O‟Shea said that this lot is on the side of a steep hill. There is a lot of rock in the area. The county Engineer does not have a problem with the front yard variances. The

    shape of the house and the shape of the lot make it difficult to fit a home on the property.

    Seven letters were sent, seven were delivered. Ms. O‟Shea said that there was a variance granted for a house on lot 9 and that was for a 40‟ variance.

Speaking to the Board were Donald & Diane Riedl, 2409 LaVista Court, Dubuque, IA.

    Mr. Koppes administered the following oath (asking the participants to raise their right

    hand): Do you solemnly swear that the testimony you are about to give is the truth, the

    whole truth and nothing but the truth? They both responded yes. Mr. Riedl said that they

    purchased the lot about one year ago. It is a difficult lot to build on. They also want to

    put up a log home and he stated that there were not many subdivisions that will allow the

    log homes. Mr. Riedl said that the elevation changes in the lot would make it costly and

    difficult to build so that is why they are asking for the variances. Ms. Riedl said that even

    though the lot is 3 ? acres because of the trees and different elevations it limits the area

    to build to about 1 ? acres.

The Riedls explained where the home would be placed by indicating where the stakes are

    on the pictures. The Board asked where the septic system and drain field would go. Ms.

    O‟Shea said that according to the County Health Director it cannot be any closer than 10‟

    from the property line, which means it could be allowed in the 25‟ setback.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

    Ms. O‟Shea read a comment from Roger and Bev Datisman, who developed the subdivision, they are in favor of the variance.

A motion was made by Ms. Burds, seconded by Ms. Hellert and passed unanimously to

    approve the variance with the stipulation it meet all the Health and sanitation

    requirements. Vote: 3-0

6. BA#09-30-09 HILLARY, DAN VARIANCE

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    Zoning Board of Adjustment Meeting Minutes September 3, 2009 The applicant is requesting a 10‟ rear yard variance to build a 60‟ x 200‟ building 30‟ from the rear property line instead of the 40‟ required in the B-2, Highway Business

    district. The property located along Diesel Drive just outside the City of Dubuque

    corporate border and west of S. John Deere Rd, is legally described as Lot 7 of Ridgeway

    Park, Section 2, (T89N R2E) Dubuque Township, Dubuque County, Iowa.

Ms. O‟Shea said that this property was in violation for outside storage in April, 2009.

    The property owner cleaned some of the junk up and then decided to rezone to M-1

    which would allow the outside storage. The case was withdrawn after the zoning board

    meeting where it was denied unanimously. Now the owner wants to build a large

    building on the triangular shaped lot for his business. Ten letters were sent, nine were

    delivered and the City of Dubuque was also notified.

A comment was received from Al Kloft, 1941 Spyglass Drive, Dubuque, IA. Mr. Kloft

    owns property to the north along Timber Ridge Dr. that is zoned R-1, Rural Residential.

    He is concerned that if the lot is junky now it will always be junky, especially after the

    building is built. Mr. Kloft strongly objects to the variance.

Speaking to the Board was Dan Hillary, 3087 Arbor Oaks Dr., Dubuque, IA. Mr. Koppes

    administered the following oath (asking the participant to raise his right hand): Do you

    solemnly swear that the testimony you are about to give is the truth, the whole truth and

    nothing but the truth? He responded yes. Mr. Hillary said that they do have a shop

    down on Washington Street that they are starting to out grow. Their business is MMC

    Mechanical. He said that some of their inventory spilled over on the lot. He said that

    they did have intentions to put up a building but just didn‟t get around to it.

Ms. Burds asked if everything would then be stored in the building. Mr. Hillary

    responded yes because there is no outside storage allowed in the B-2 district. He said

    they will get rid of the outside trailers and the building would be for inventory storage

    and a small office.

Mr. Hillary said the reason he needs the variance is the odd shape of the lot. He said it

    will be a stick building 25-26‟ tall. He said they would try to match it to the other structures in the area. He said there is bluff area behind his lot.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

A motion was made by Ms. Hellert, seconded by Ms. Burds and passed unanimously to

    approve the variance with the stipulation that it meets all of the health, sanitation

    and the Zoning Ordinance requirements. Another stipulation was that the property

    be kept neat and clean. Vote: 3-0

7. BA#09-31-09 CZIPAR, RICHARD & JOAN SPECIAL USE PERMIT

The applicants are requesting a Special Use Permit to allow a 14‟ x 14‟ addition to a legal

    non-conforming structure used to store and sell apples and apple products in the R-2,

    Single Family Residential district. The property located at 8610 Rt. 52 South, 3 miles

    southeast of Dubuque, is legally described as Lot 1-1-1-1-2-1 SE NE, (T88N, R3E)

    Section 20, Mosalem Township, Dubuque County, IA.

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    Zoning Board of Adjustment Meeting Minutes September 3, 2009

Ms. O‟Shea said that the property is zoned R-2, Single Family Residential which does not

    allow farm uses or the sale of farm products. The business has been in existence since

    the „60‟s and so it is a legal nonconforming use. The Czipars want to expand the legal

    nonconforming use by expanding the building to the front. Ten letters were sent, 8 were

    delivered and there were no comments received.

Speaking to the Board were Richard and Joan Czipar, 8610 Rt. 52 S., Dubuque, IA. Mr.

    Koppes administered the following oath (asking the participants to raise their right hand):

    Do you solemnly swear that the testimony you are about to give is the truth, the whole

    truth and nothing but the truth? They both responded yes.

Mr. and Mrs. Czipar read a letter and petition signed by the neighbors that stated they

    were in favor of the Special Use Permit and the Variance.

Mr. Czipar said that they are really only going out 11‟ from the overhang. He said it is

    just a small structure that they need. Ms. Czipar said that a lot of orchards now have

    baked items. She said that they would like to do a little bit of that without getting too big.

    Mr. Czipar said that the state has very strict requirements for selling food.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

A motion was made by Ms. Hellert, seconded by Ms. Burds and passed unanimously to

    approve the Special Use Permit. Vote: 3-0

8. BA#09-32-09 CZIPAR, RICHARD & JOAN VARIANCE

The applicants are requesting a 29‟ front yard Variance to build a 14‟ x 14‟ addition on

    an existing structure to build 21‟ from the front property line instead of the 50‟ required

    in the R-2, Single Family Residential district. The property located at 8610 Rt. 52 South,

    3 miles southeast of Dubuque, is legally described as Lot 1-1-1-1-2-1 SE NE, (T88N,

    R3E) Section 20, Mosalem Township, Dubuque County, IA.

Ms. O‟Shea said that the building sits along the highway and to get the best lay out for

    the business the addition must go on the front. The highway was widened several years

    ago with almost a 200‟ right-of-way. Seven letters were sent, five were delivered and no comments were received.

Mr. Koppes asked if there was anyone in the audience who wished to speak for or against

    the case. No one spoke.

A motion was made by Ms. Burds, seconded by Ms. Hellert and passed unanimously to

    approve the variance with the stipulation that it meet all the health and sanitation

    requirements. Vote: 3-0

    D. PUBLIC COMMENTS: None

    10

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