Dubuque County Zoning Board of Adjustment Minutes of May 1, 2018 Chairperson Ron Koppes called the meeting to order at 7 p.m. A. ROLL CALL: Members Present: Ron Koppes, Darlene Burds, Thomas Griep, Pat Hickson & Ben Schroeder. Staff Present: Anna O Shea & Angela Steffens. B. APPROVAL OF MINUTES: A motion was made by Mr. Schroeder, seconded by Mr. Griep and passed unanimously to approve the Minutes of the April 3, 2018 meeting. Vote: 5-0. C. PUBLIC HEARINGS: 1. BA#05-14-18 TROY KAPPAROS VARIANCES The applicant is requesting a 14 left side yard variance to the 15 required to build 1 from the left side yard and a 27 front street line variance to the 30 required to replace two existing sheds with a new 26 x 42 detached garage 3 from the front street line, Military Road, in an R-3, Single Family Residential zoning district. The property, located along Military Road approximately.16 miles southwest of the City of Dubuque, is legally described as Lot 2-1-2-5 NE ¼ SE ¼ Section 11, (T88N R2E) Table Mound Township, Dubuque County, Iowa. Ms. O Shea said that the lot is.33 acres with a home and garage. The lot is long and narrow and comes to a point in the back. The water lines and septic system are behind the existing home and garage. A variance is being requested for the left side and front yard. Nine letters were sent, seven were delivered and the City of Dubuque was notified. There were no comments submitted in regards to this case. Speaking to the Board was Troy Kapparos, 10641 Military Rd, Dubuque. Mr. Koppes administered the following Oath asking the participant to raise his right hand. Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth? He said yes. Mr. Kapparos said that he would like to replace the two existing sheds that are on the property. The two sheds are old and starting to fall down. Mr. Griep asked how the size of the new shed would compare to the two existing sheds? Mr. Kapparos said the shed would not go any further back on the property than the current sheds and about 4 shorter in the front. The new shed will be about three to four feet further back on the property than the current sheds. A motion was made by Ms. Burds, seconded by Mr. Griep to approve the variances. The motion passed unanimously by a vote of 5-0. 1
2. BA#05-15-18 ANN WERTZBERGER VARIANCE The applicant is requesting a 25 front street line variance to the 50 required to build a Single Family Home 25 from the front street line, Katie Cove, in an R-2, Single Family Residential zoning district. The property, located along Katie Cove approximately.98 miles west of the City of Dubuque, is legally described as Lot 1 Wertzberger Acres #2 Section 14, (T88N R2E) Table Mound Township, Dubuque County, Iowa. Ms. O Shea said that this lot is 1.23 acres and is an odd shape. The home will be long and narrow with a side entry garage. Because of the steepness of the lot, the new owner is requesting a variance to be able to build closer to the front of the lot. Twelve letters were sent, ten were delivered and the City of Dubuque was notified. There were no comments submitted in regards to this case. Speaking to the Board was Ann Wertzberger, 2160 Kunkel Ln, Cuba City, WI and Jay Wertzberger, 9762 Katie Cove, Dubuque. Mr. Koppes administered the following Oath asking the participants to raise their right hand. Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth? They both said yes. Mr. Wertzberger said the lot is unique in shape. There have been several other lots in the subdivision that have been granted variances because of the steepness of the lots. In order to place the home and septic properly on the lot they need the variance. Mr. Griep asked Ms. Wertzberger if she was aware of the shape of the lot and that a variance would be needed when the lot was purchased? Mr. Wertzberger said yes and it has been an issue with the subdivision. Mr. Griep asked to discuss the case further. He had a concern about the hardship suffered results from actions other than actions of the owner, in the Board of Adjustment By-Laws number 4. He feels that is not the case with this property. Mr. Wertzberger said that with the grade of this lot it would be difficult to build because you would have your home against a bluff. Ms. O Shea said the lot is steep in the back. The flat area in the front of the lot is where they are looking to build the home. She said she was part of the process when the plat was approved and does not think the steepness of the lots was taken into account on that side of the street when the plat was being reviewed. Ms. Burds asked how many lots were created in the subdivision? Ms. O Shea said about 10-12 lots were created. This lot is one of the last lots to be developed in the subdivision. The homes on the lower portion of the road have had issues with water runoff. The subdivision was created in about 2002 and met all of the requirements at that time. A motion was made by Mr. Hickson, seconded by Mr. Schroeder to approve the variance. The motion passed by a vote of 4-1. Mr. Hickson, Mr. Schroeder, Ms. Burds and Mr. Koppes voted in favor of the motion. Mr. Griep voted against the motion. 2
3. BA#05-16-18 MARK & ABBY GROTHE VARIANCE The applicants are requesting a 13 left side yard variance to the 15 required to replace an existing carport with a 14 x 26 one-car garage 2 from the left side yard in an R-3, Single Family Residential zoning district. The property, located along Emberwood Drive approximately.31 miles north of the City of Dubuque, is legally described as Lot 4-2-1-1-13 Section 2, (T89N R2E) Dubuque Township, Dubuque County, Iowa. Ms. O Shea said that this lot is.34 acres with a home, a one car attached garage and a carport. The property owners would like to replace the carport with another attached garage. This lot is only 100 wide and the setbacks cannot be met. Twelve letters were sent, nine were delivered and the City of Dubuque was notified. There were no comments submitted in regards to this case. Speaking to the Board was Abby & Mark Grothe, 10418 Emberwood Dr, Dubuque. Mr. Koppes administered the following Oath asking the participants to raise their right hand. Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth? They both said yes. Mr. Grothe said there is currently a covered carport attached to their home. They do have a one-car garage and a carport, which they want to replace with a new one car garage. They will be using the existing concrete slab. A motion was made by Mr. Schroeder, Ms. Burds to approve the variance. The motion passed unanimously by a vote of 5-0. 4. BA#05-17-18 ROBERT MUELLER/DUBUQUE COUNTY EMERGENCY SPECIAL USE PERMIT The applicants are requesting a Special Use Permit to install a 300 Guyed Tower for public safety use in an A-1, Agricultural zoning district. The property, located along Old Highway Road approximately.58 miles east of the City of Epworth, is legally described as Lot 1 NE ¼ NE ¼ and Lot 2 NE ¼ NE ¼ Section 12, (T88N R1W) Taylor Township, Dubuque County, Iowa. Ms. O Shea said that the Mueller property is a location that is needed to place a tower for better coverage of the 911 emergency response system. It will be a 300 Guyed Tower that will be owned by the county after several years and hold several antennas besides the E911 antenna. Seven letters were sent, seven were delivered and the City of Epworth was notified. There were no comments submitted in regards to this case. Speaking to the Board was Robert & Rose Mueller, 21185 Old Hwy Rd Epworth and Joe Kennedy, Dubuque County Sheriff, 770 Iowa St, Dubuque. Mr. Koppes administered the following Oath asking the participants to raise their right hand. Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth? They all said yes. Sheriff Kennedy said they are building a new E911 radio system for Dubuque County. They were going to lease off of other towers but financially it was more cost effective to build their own on public & private property within the county. The Mueller s property 3
was one location where a tower would work. The Mueller s agreed to allow a tower to be built on their property. Speaking to the Board was Tom Berger, Dubuque County Emergency Management Coordinator, 315 Oak Forest Dr, Epworth. A motion was made by Ms. Burds, seconded by Mr. Schroeder to approve the Special Use Permit. The motion passed unanimously by a vote of 5-0. 5. BA#05-18-18 ROBERT MUELLER/DUBUQUE COUNTY EMERGENCY VARIANCES The applicants are requesting a 150 front street line variance to the 300 required to install a 300 Guyed Tower for public safety use 150 from the front street line and a variance to Section 1-87.8 to waive the solid fence and screening requirements for the telecommunications compound in an A-1, Agricultural zoning district. The property, located along Old Highway Road approximately.58 miles east of the City of Epworth, is legally described as Lot 1 NE ¼ NE ¼ and Lot 2 NE ¼ NE ¼ Section 12, (T88N R1W) Taylor Township, Dubuque County, Iowa. Ms. O Shea said the site plan for the tower has been changed. Now the tower will only need a 50 front street line variance. They are also asking for the variance of the solid fence and tree screening requirements. Because the tower needs to go at the high point of the land, a variance is needed. Five letters were sent, five were delivered and the City of Epworth was notified. There were no comments submitted in regards to this case. Mr. Koppes reminded the Mueller s, Sheriff Kennedy and Mr. Berger that they are still under oath. Mr. Berger said the site plan had to be changed because the tower needed to be placed at the top of the hill not the bottom. This will also make the tower less visible and help with drainage. Mr. Griep asked why they are requesting a variance on the screening? Mr. Berger said they want to disturb the least amount of farm ground around the tower. That way Mr. Mueller can farm the property right up to the compound. There will still be a fence around the tower but they do not want to have to plant the tree screening in the middle of the farm field. Sheriff Kennedy said they have no issues with adding the slats on the fence. A motion was made by Mr. Griep, seconded by Mr. Hickson to approve the variances with the condition that all requirements of Part 8, Telecommunication Towers of the Zoning Ordinance, as well as any federal and state regulations are met except for Section 1-87.8 regarding the tree screening. The motion passed unanimously by a vote of 5-0. 4
6. BA#05-19-18 LUCILLE SCHMITT/DUBUQUE COUNTY EMERGENCY SPECIAL USE PERMIT The applicants are requesting a Special Use Permit to install a 200 Self-Support Tower for public safety use in an A-1, Agricultural zoning district. The property, located along Ridge Road approximately.26 miles west of the City of Balltown, is legally described as Lot 2 S ½ NE ¼ Section 6, (T90N R1E) Jefferson Township, Dubuque County Iowa. Ms. O Shea said that the Schmitt property is a location that is needed to place a tower for better coverage of the 911 emergency response system. It will be a 200 Self-Support Tower that will be owned by the county after several years and hold several antennas besides the E911 antenna. Seven letters were sent, six were delivered and the City of Balltown was notified. There was one comment submitted in regards to this case. Ms. O Shea said a request was made this afternoon by Peter Sorensen, Vice President Trust Officer, Hills Bank Trust and Wealth Management, 3905 Blairs Ferry Rd, Cedar Rapids, IA on behalf of a neighbor, Frieda Schmitz. He stated that Ms. Schmitz is unable to present her comments and take into account the facts of this matter and weigh what impact the variance may have on her property. They ask that the Board table the matter until their next meeting to allow her time to submit her comments and concerns for the Board. Mr. Griep asked if there is any reason that they cannot defer the case until next month s meeting? Sheriff Kennedy said that is up to the Board. Ms. O Shea said the certified letter was signed as delivered on April 17, 2018, which was about 2 weeks ago. Mr. Hickson asked how soon construction was going to take place? Sheriff Kennedy said some time in August at the earliest. Mr. Berger said all 10-tower sites would have to line up at the same time. Ms. O Shea said if the property owner is saying she will Appeal the decision if it affects her property it might prolong the process. If the case was tabled it would give her an additional month to submit her comments or concerns. Ms. O Shea also said that it would allow time for them to contact the concerned property owner. Mr. Schroeder asked if the property owner is within 500 or if the home is within the 500? Ms. O Shea said just the property is within 500, the home is further away. Sheriff Kennedy is concerned that the neighbor s comment will be that she does not want a tower in the area because of the view. Ms. O Shea said the Board could not take into consideration the aesthetics when a location for a tower is being considered. A motion was made by Mr. Griep, seconded by Mr. Koppes to table the Special Use Permit until the June 5, 2018 meeting. The motion passed by a vote of 3-2. Mr. Griep, Mr. Koppes and Mr. Hickson voted to in favor of the motion. Mr. Schroeder & Ms. Burds voted against the motion. 7. BA#05-20-18 LUCILLE SCHMITT/DUBUQUE COUNTY EMERGENCY VARIANCES The applicants are requesting a 138 front street line variance to the 200 required to install a 200 Self-Support Tower for public safety use 62 from the front street line and a 5
variance to Section 1-87.8 to waive the solid fence and screening requirements for the telecommunications compound in an A-1, Agricultural zoning district. The property, located along Ridge Road approximately.26 miles west of the City of Balltown, is legally described as Lot 2 S ½ NE ¼ Section 6, (T90N R1E) Jefferson Township, Dubuque County Iowa. The Board tabled the Special Use Permit regarding this property and agreed to also table the variances until the June 5, 2018 meeting. A motion was made by Mr. Griep, seconded by Mr. Hickson to table the variances until the June 5, 2018 meeting. The motion passed unanimously by a vote of 5-0. 8. BA#05-21-18 CITY OF DUBUQUE/INTERSTATE POWER/ALLIANT ENERGY AND NESPER SIGN ADVERTISING INC VARIANCES The applicants are requesting an 18 left side yard variance to the 50 required to build 32 from the left side yard, an 80 front street line variance to the 80 required to build 0 from the front street line and a 23 sq. ft. variance to the 32 sq. ft. allowed to build a 7 6 x 7 3 sign 23 sq. ft. larger than what is allowed in an R-1, Rural Residential zoning district. The property, located along Humke Road adjacent to the City of Dubuque, is legally described as Lot 1 Graf Farm Sub #2 Section 25, (T89N R1E) Center Township, Dubuque County, Iowa. Ms. O Shea said that this property is owned by the City of Dubuque and contains the West Side Solar Farm. The city would like to add a 7 6 x 7 3 lighted sign to the property right at the right of way line. There is 20 between the proposed sign and the edge of the road pavement for a car to pull up past the sign before pulling out per the City of Dubuque Surveyor. Seven letters were sent, four were delivered and the City of Dubuque was notified. There were no comments submitted in regards to this case. 2a Speaking to the Board was Rick Zimmerman, 35360 W Pabst Ct, Oconomowoc, WI and Phil Garland, 7405 Beckett Dr NE, Cedar Rapids. Mr. Koppes administered the following Oath asking the participants to raise their right hand. Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth? They both said yes. Mr. Garland said they try to make the signs that they produce within the codes of the county. This one will need a variance because of the setbacks for the property. The sign will help distinguish the entrance for the solar farm because it is not visible from the road. The sign will be powered by solar power. Mr. Zimmerman said that they try to keep the solar farm dark at night and only turn lights on when motion is detected. This is to not disrupt the neighbors in the area. The sign will help with the location at night to pin point the access if they have to service the solar farm. A motion was made by Mr. Hickson, seconded by Ms. Burds to approve the variances. The motion passed unanimously by a vote of 5-0. 6
D. PUBLIC COMMENTS: None E. OLD BUSINESS: Mr. Griep discussed what he learned when he went to the ISU Training in Decorah. He said that there are factors the Board has to take into account when making their decisions. They need to determine the best use of the land and should follow the By-Laws and not make compromises on decision between neighbors. F. NEW BUSINESS: Ms. O Shea informed the Board that she would be retiring in July of this year. G. ADJOURNMENT: A motion was made by Ms. Burds, seconded by Mr. Hickson and passed unanimously to adjourn. Vote: 5-0. The meeting adjourned at 8:08 p.m. 7