City of Rock Island Board of Zoning Appeals met Dec. 14.
Here are the minutes provided by the board:
ATTENDANCE: (x) Present ( ) Absent
(x) Kevin Day (x) Pandora Lawrence
(x) Donald Mewes ( ) Nicole Parker
( ) Gary Snyder (x) Bill Sowards
(x) Tanja Whitten
Staff Present: Alan Fries, Tanner Osing.
Vice Chair Day called the meeting to order at 5:30 p.m.
General Public Comments – There was no one present to make any general public comments. The meeting continued.
New Business:
Mr. Fries said that there was a typo in the Notice of Public Hearing sent and published in the newspaper for Case #2022-15 (John Pieritz for a variance at 612 34th Street), so Staff is asking that the Board to move to remove the case from tonight’s meeting and place it on the January 11, 2023 meeting agenda.
Approval of Revised Written Agenda – Mr. Mewes made a motion to approve the revised written agenda for the meeting moving Case #2022-15 to the January 11, 2023 meeting agenda. Mr. Sowards seconded the motion, and it passed unanimously.
Approval of Minutes – Ms. Lawrence made a motion to approve the minutes of the October 12, 2022 regular meeting. Ms. Whitten seconded the motion, and it passed unanimously.
Procedural Explanation –Vice Chair Day explained the procedure to be followed for the public hearings.
Public Hearing #2022-14: The applicant, John Pieritz, for 3415 7th Avenue, for a variance of 280 feet of the 300 foot separation requirement between Unrelated Group Family Uses in a R-2 (one and two unit residence) district.
Mr. Fries presented the staff report. He said the zoning ordinance requires that there be a 300-foot separation standard between Unrelated Group Family Uses (Chapter 11, Section 25). The applicant proposes to establish an Unrelated Group Family Use for up to five (5) unrelated residents within 20 feet from an existing Unrelated Group Family Use at 3414 6th Avenue.
The residential block has several properties that are occupied by Augustana College students as there are six existing adjacent Unrelated Group Family uses identified on the case map. The subject property meets the Zoning Ordinance off-street parking requirement of a minimum of two parking spaces because there is a detached two-car garage and space to park three additional vehicles on an improved parking area off the rear alley.
Vice Chair Day called for the applicant.
John Pieritz, 2721 18th Street in Moline, was sworn in. He said he has a lease for students to live at the property and wants to do everything right. He added that he owns the adjacent lot to the west and that it could be used for additional parking.
Mr. Mewes asked if he charges his tenants for parking on the property as the Board dealt with a previous case that had that type of arrangement and there were objections raised at a previous Board meeting about that.
Mr. Piertz replied that he does not charge extra for parking on the site and that he has the adjacent property that could also be used for parking by tenants and their guests.
Ms. Lawrence asked if he make it known to all of his tenants where they can park. Mr. Piertz replied that the current students that live at the property know where to park and he would let any new tenants know where they can park.
As there were no other questions and one else wished to speak, the public hearing was closed. Decision Case #2022-14 – Mr. Mewes made a motion to approve the request for variance because:
1. Reasonable Return: The proposed variance will improve the return on the property.
2. Unique Circumstances: None.
3. Character Alteration: The proposed variance will not alter the character of the neighborhood.
He added the stipulations that the student residents be made aware of where they can park their vehicles and that there be no cost for parking added to their lease payments.
Ms. Lawrence seconded the motion, and it passed unanimously (Mewes, Lawrence, Whitten, Sowards and Day).
Public Hearing #2022-16: The applicant, Roberto Montoya, for 614 25th Street- Variance of 24 feet of the 30 foot rear yard setback requirement for a one story attached garage addition in the west rear yard in. an R-3 (one to six unit residence) district.
Mr. Fries presented the staff report. He said the zoning ordinance requires a 30 foot rear yard building setback in an R-3 zoning district (Chapter 15, Section 6 of Zoning Ordinance.
The applicant proposes to renovate the dwelling and construct an attached one story, two car garage addition (19 x 22’) in the west rear yard. There had been an attached garage in the past, but it was removed many years ago. The proposed garage will provide needed off street parking for Mr. Montoya and his family. He said there is one Interested Party form that has been submitted by Mr. Joseph Westmorland, 512 11th Avenue West in Milan and owner of 2416 6th Avenue. He said the statement on the Interested Party form indicates that he is concerned about the applicant’s sewer service line that extends through his property line from Mr. Montoya’s dwelling towards 6th Avenue.
Mr. Fries stated that the staff position is this is a private matter between two adjacent property owners and that it is not relevant to the variance request for the proposed attached garage.
Chair Day called for the applicant.
Mr. Roberto Montoya 634 45th Street, was sworn in. He said he wants to renovate the residential one unit structure and add an attached two car garage that would improve the property.
Chair Day asked Mr. Westmorland if he had any questions for Mr. Montoya.
Joseph Westmorland, 512 11th Avenue West in Milan, was sworn in. He asked Mr. Montoya if he will move the sewer service line off of his property.
Mr. Montoya said he could install a new line to 25th Street.
Chair Day called for opponents.
Mr. Westmoreland, who had already been sworn in, said he is not opposed to the improvements to the house, but just wants a new service line put in that is not on his property.
Chair Day said it is a private issue for Mr. Westmorland to work with the applicant and not something to be considered by the Board.
As there were no more questions and no one else wished to speak, the public hearing was closed. Decision Case #2022-14 – Ms. Whitten made a motion to approve the request for variance because:
1. Reasonable Return: The proposed variance will improve the return on the property.
2. Unique Circumstances: None.
3. Character Alteration: The proposed variance will not alter the character of the neighborhood.
Mr. Mewes seconded the motion and said the two landowners need to work with each other to resolve the sewer line situation. The motion to approve the variance request passed unanimously (Mewes, Lawrence, Whitten, Sowards and Day).
3 Other Business
None.
Adjournment:
Vice Chair Day adjourned the meeting at 6:00 p.m.
https://www.rigov.org/AgendaCenter/ViewFile/Minutes/_12142022-1071
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