Dubuque County Zoning Board of Adjustment Minutes of March 6, 2018 Chairperson Ron Koppes called the meeting to order at 7 p.m. A. ROLL CALL: Members Present: Ron Koppes, Darlene Burds, Thomas Griep & Ben Schroeder. Member Absent: Pat Hickson. Staff Present: Anna O Shea & Angela Steffens B. APPROVAL OF MINUTES: A motion was made by Ms. Burds, seconded by Mr. Schroeder and passed unanimously to approve the Minutes of the February 6, 2018 meeting. Vote: 4-0. C. PUBLIC HEARINGS: 1. BA#08-33-17 HARTBECKE FARMS INC/BRIAN HARTBECKE (TABLED FROM THE SEPTEMBER 5, 2017 MEETING) SPECIAL USE PERMIT The applicants are requesting a Special Use Permit to build a second home on the farm in an A-1, Agricultural zoning district. The property, located along Hartbecke Road approximately 2.1 miles from the City of Farley, is legally described as SW ¼ NW ¼ Section 28, (T88N R1W) Taylor Township, Dubuque County Iowa. Ms. O Shea said that this case was tabled in August & September of 2017 so that issues with the corporation could be resolved. The property is now owned by Hartbecke Cattle Company Inc, which is now solely owned by Brian Hartbecke. Mr. Hartbecke owns approximately 320 acres of agricultural ground and an existing home. Brian Hartbecke would like to add a mobile home to the property to be able to live near the home farm to assist his son once he retires. Two letters were sent, two were delivered and there was no city notified. There were no comments submitted in regards to this case. Speaking to the Board was Brian Hartbecke, 7557 Hartbecke Rd, Epworth. Mr. Koppes Mr. Hartbecke said that they currently live in the home on the property with his son and his family. They would like to be able to put a mobile home on the property to give his son and his family their own space. He said a mobile home would be easy to remove from the property if they are no longer in need of a second home on the farm. Ms. O Shea said there were questions about the corporation and allowing a second home on the farm. A division of the corporation between Hartbecke Farms Inc and Hartbecke Cattle Company Inc. has recently resolved those issues. Brian Hartbecke owns Hartbecke Cattle Company and his brother owns Hartbecke Farms Inc. A motion was made by Mr. Schroeder, seconded by Ms. Burds to approve the Special Use Permit. The motion passed unanimously by a vote of 4-0. 1
2. BA#03-07-18 LEON & GLINDA MANTERNACH VARIANCES The applicants are requesting a 35 right side yard variance to the 50 required to build 15 from the right side yard and a 50 front lot line variance to the 80 required to build a 16 x 26 garage 30 from the front lot line in an R-1, Rural Residential zoning district. The property, located along Ryan Rd approximately 4.03 miles southwest of the City of Dubuque, is legally described as Lot 10 Trumm Sub Section 31, (T88N R2E) Table Mound Township, Dubuque County, Iowa. Ms. O Shea said that this property is approximately 1.48 acres with a home. The well is in the front yard and septic system is located in the rear yard of the property. The Manternach s would like to build a detached garage. They will use the existing driveway to access the new garage. Four letters were sent, four were delivered and there was no city notified. There were no comments submitted in regards to this case. Speaking to the Board was Leon Manternach, 14472 Ryan Rd, Peosta. Mr. Koppes Mr. Manternach said he would like to build a garage on the northwest corner of his lot. He will create a driveway across the front of his yard. Mr. Griep said the new building would not be near the septic system. He asked why would it be an issue? Mr. Manternach said you cannot build over the septic system and you have to be so far from the system so that you do not disturb the field or compromise the septic system. Mr. Griep said a variance sought should be the minimum necessary to relieve the hardship and he thinks the building could be closer to the home. Mr. Manternach said he did not want to cut down any trees on the property to place the building. Mr. Griep said granting the variance should not alter the essential character of the neighborhood and when he searched, he could not find anyone else with detached garages in the neighborhood close to the road. Ms. Steffens said that in October of 2017 the neighbor to the north, Ronald & Beth Thole, were granted a variance to build 32 from the front street line, Ryan Road. There were also two other detached garages that were granted front street line variances in the last year not far from Mr. Manternach s property. Mr. Griep said the board has to follow the By-Laws. Ms. Burds asked what the garage would be used for? Mr. Manternach said storage and to allow him to park his truck indoors. Mr. Griep said he thinks Mr. Manternach can put a building on his property without needing a variance so he would vote against the variance request. Mr. Schroeder said he doesn t see much issue with the garage based on the size of the garage not being overly large. Ms. Steffens said Mr. Manternach wanted to build the garage smaller to avoid having to remove mature trees on his property. 2
Mr. Griep asked if the garage could be built on the other side of the home off of the existing driveway to the north? Mr. Manternach said it would be too costly to bore under the existing concrete to get electric and water to the garage and the lot slopes downhill on that side. Mr. Koppes said the trees on the property would help hide the garage. Mr. Manternach said he spoke to the neighbors and none of the neighbors he talked to had an issue with the garage. A motion was made by Ms. Burds, seconded by Mr. Schroder to approve the variance. The motion passed by a vote of 3-1. Ms. Burds, Mr. Schroeder and Mr. Koppes voted in favor of the variance. Mr. Griep voted against the variance. 3. BA#03-08-18 TONY COOK/NEW CINGULAR WIRELESS (AT&T) SPECIAL USE PERMIT The applicants are requesting a Special Use Permit to install a 300 Telecommunication Tower in an A-1, Agricultural zoning district. The property, located along Twelve Mile Road approximately 2.32 miles north of the City of Bernard, is legally described as NW ¼ NW ¼ Section 14, (T87N R1E) Prairie Creek Township, Dubuque County, Iowa. Ms. O Shea said that Mr. Cook owns approximately 151.32 acres of crop ground and farm buildings. He would like to place a 300 Telecommunications Tower on his property behind the home. There are currently four towers in the area. Three of the towers are too low and the other tower is 2.5 miles from the coverage area. Two letters were sent, two were delivered and there was no city notified. Speaking to the Board was Tony Cook 16941 Twelve Mile Rd, Bernard and Kristine Paulson (AT&T representative), 7760 Frances Ave S Suite 1200, Bloomington, MN. 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 Ms. Paulson said they have been searching for a property to be the best placement to get coverage for people in the area. They have been also working with First Net Technology, which is federally funded and works with emergency personal to help with E911 calls in the rural community. They would like to give customers the best coverage that they can. There is another tower in the area but it is not tall enough to get them the coverage that they need. That is why they needed to go with a new site build and make the tower 300. Mr. Koppes asked if anyone wanted to make a comment in regards to this case? Speaking to the Board was James Connolly, 16534 Twelve Mile Rd, Bernard. 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 3
Mr. Connolly asked where is the nearest AT&T tower? Ms. Paulson said it is outside the 4-mile radius and did not have that information with her. Ms. Paulson said they looked at Mr. Connolly s tower and it was not tall enough for the coverage they need. They try to co-locate on existing towers as much as possible. Mr. Schroeder asked if the tower would allow other providers to co-locate on the new tower? Ms. Paulson said absolutely that would be available. Ms. Burds asked what kind of fence would be placed around the tower? Ms. Paulson said they will comply with any regulations that the county ordinance requires. Per a comment from Mr. Connolly, Ms. O Shea said the county does not have any restrictions on the height of a tower. The height is determined by the company building the tower and airport air space restrictions. A motion was made by Mr. Schroeder, seconded by Mr. Griep to approve the Special Use Permit with the stipulation that they meet all requirements of Part 8, Telecommunication Towers of the Zoning Ordinance, negotiate fair & equitable rates for co-locating and meet all the federal and state regulations. The motion passed unanimously by a vote of 4-0. 4. BA#03-09-18 TONY COOK/NEW CINGULAR WIRELESS (AT&T) VARIANCES The applicants are requesting a 75 left side yard variance to the 300 required to build 225 from the left side yard and a 113 rear yard variance to the 300 required to install a 300 Telecommunication Tower 187 from the rear yard lot line in an A-1, Agricultural zoning district. The property, located along Twelve Mile Road approximately 2.32 miles north of the City of Bernard, is legally described as NW ¼ NW ¼ Section 14, (T87N R1E) Prairie Creek Township, Dubuque County, Iowa. Ms. O Shea said because of the narrow strip of land between the building and Hwy 151, the 300 tower cannot meet the setbacks on the north or west sides. The tower will be designed to have a fall zone of 150 or less which is half the height of the tower. Two letters were sent, two were delivered and there was no city notified. There were no comments submitted in regards to this case. Mr. Koppes reminded Mr. Cook and Ms. Paulson that they were still under oath. Ms. Paulson said the engineer s for this project would design the tower to fall within the property that the tower is located on. 4
A motion was made by Ms. Burds, seconded by Mr. Schroeder to approve the variances with the condition that the maximum fall zone radius is equal to or less than half the height of the tower. The motion passed unanimously by a vote of 4-0. 5. BA#03-10-18 M&C INVESTMENTS LLC VARIANCE The applicant is requesting a 15 right side yard variance to the 30 required to build a 30 x 45 shop addition 15 from the right side lot line in an M-1, Industrial zoning district. The property, located along Bronzewood Drive approximately.10 miles southwest of the City of Dubuque, is legally described as Lot 1-2 Tamarack SE 2 nd Subdivision Section 14, (T88N R2E) Table Mound Township, Dubuque County, Iowa. Ms. O Shea said that this lot is 4.06 acres with two buildings and an office. The property owner would like to add a 30 x 45 addition on the back side of the building. It will require a right side yard variance. Four letters were sent, three were delivered and the City of Dubuque was notified. There were no comments submitted in regards to this case. Speaking to the Board was Jason Hooks, 10123 Cypress Dr, Peosta. Mr. Koppes Mr. Hooks said they recently purchased the property. The main shop where they work on the trucks is not tall enough. They will build the addition taller to accommodate the trucks and it will allow them to expand their business. Mr. Schroeder asked if the building that they are adding to is already at 15 from the property line? Mr. Hooks said The addition will not be any closer than what the current building is to the lot line. A motion was made by Mr. Schroeder, seconded by Mr. Griep to approve the variance. The motion passed unanimously by a vote of 4-0. D. PUBLIC COMMENTS: None E. OLD BUSINESS: None F. NEW BUSINESS: None G. ADJOURNMENT: A motion was made by Mr. Griep, seconded by Ms. Burds and passed unanimously to adjourn. Vote: 4-0. The meeting adjourned at 7:57 p.m. 5