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
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