Zoning Board of Adjustment Minutes – March 4, 2014

Dubuque County Zoning Board of Adjustment

Minutes of March 4, 2014

Chairperson Pat Hickson called the meeting to order at 7 p.m.

A. ROLL CALL: Members Present: Ron Koppes, Darlene Burds, Connie Nolan, Pat Hickson Tom Kuhle. Staff Present: Anna O’Shea.

B. APPROVAL OF MINUTES: A motion was made by Mr. Koppes, seconded by Mr. Kuhle and passed unanimously to approve the Minutes of the February 4, 2014 meeting. Vote: 5-0

C. PUBLIC HEARINGS:

1. BA#03-05-14 JEFF REITER, DIANNE REITER/BRUENING ROCK PRODUCTS INC. – SPECIAL USE PERMIT

The applicants are requesting a Special Use Permit to reopen an abandoned quarry in the “A-1” Agriculture District. The property located along Reiter Road off of Highway 151 approximately .5 mile NE of the city of Cascade, is legally described as Lot 2 NW ¼ SW ¼, SW ¼ NW ¼, SE ¼ NW ¼, and that part of the NE ¼ SW ¼ North of the present highway, all in Section 28 (T87N, R1W) Whitewater Township, Dubuque County, Iowa. This property was operated as a quarry by Bard Concrete until approximately 2005. Bruening Rock Products Inc is going to be working on a road project near this quarry. They would like to be able to reopen the quarry and use the rock for that road project.

Property owners within 1000’ of the quarry were notified. 9 letters were sent, 8 were delivered and the City of Cascade was notified.

Speaking to the board was Greg Bruening and Ron Fadness, 900 Montgomery St, Decorah, IA. Mr. Hickson administered the following Oath asking the participant to raise their right hands. “Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth?” Both said yes.

Mr. Bruening said that this property has an existing rock quarry on it. They have bid on a project for Dubuque County a few miles away and it requires producing rock and creating space at the rock quarry to haul rock to the job site.

Mr. Bruening said the plan is to work the quarry to the East and then back North. They will clean the area up and store over burden on the other side for when the quarry is reclaimed and then move it back. There is already an existing scale and scale house.

Mr. Fadness said that in regards to the Special Use Permit the quarry was a good fit in that it is an existing quarry and a renewal. It will minimize the amount of miles the trucks will travel to and from the project. He said that it is located on major infrastructure highways that can handle truck traffic (Hwy 151). He pointed out that the setbacks are already met.

Mr. Hickson asked how long the timeframe for the use of the quarry would be? Mr. Bruening said that it is a two-year project and they have arrangements to occupy the quarry for a longer period of time. Mr. Hickson asked if they planned on having a continuously operating quarry? Mr. Bruening said they would if there is interest. Mr. Koppes asked if they would be using dynamite? Mr. Bruening said that they would be. Mr. Koppes asked if there were requirements for testing equipment when they use dynamite? Ms. O’Shea said that they have to get permits either from the state or the Fire Marshall’s office before blasting. Mr. Koppes asked if they had to have some gauge to measure the blasting? Mr. Bruening said that it was called a seismograph and that it is their mandatory policy to let everyone in the area know about the dynamite in advance.

Ms. Burd asked how close the closest farm was? Mr. Bruening pointed out one right across the street.

Mr. Hickson asked what their operating hours would be? Mr. Bruening said normal hours are 7-5 and this particular job would be from 7-6 because of the size and time constraints associated with the project.

Mr. Bruening said that they might be blasting once every two weeks for a couple months but said that normally it’s only a few times a year.

Mr. Hickson asked if there was anyone there who wanted to speak for or against the project?

Speaking to the board were Paul and Colette McDermott, 25020 Reiter Rd, Cascade, IA. Mr. Hickson administered the following Oath asking the participants to raise their right hands. “Do you solemnly swear you will tell the truth, the whole truth and nothing but the truth?” They both said yes.

Ms. McDermott said that they are against the opening of the quarry. She said that operation of the quarry and rock crushing equipment would adversely affect peaceful enjoyment of their property. She said that the operation of the quarry would have the following effects: Health concerns in that the blasting to release the limestone is likely to produce noise pollution and particle pollution, which they consider detrimental to their health. She said that the heavy truck and equipment traffic on a currently low-use road presents the risk of automobile and pedestrian accidents. It will also make it unpleasant and unsafe to walk, which the McDermotts are now able to do. Blasting is likely to cause both physical and psychological discomfort to anyone visiting the home.

Additionally, they have concerns about their property and its value. Their home is dependent on a hammer drill water well. The vibrations from the quarry could change the underground water table reaching their well. The blasting could also cause clouding or discoloration of the water. They have already had to replace one well pump shortly following blasting at the quarry during its operations in the 1980s. It is their belief that the blasting caused the rock and silt to fall into the well and damage the well pump.

Other mechanical systems in the McDermott home may also be affected by the silting-in of the well including clogging of the domestic hot water heater, clogging of the hot water heat boiler when make-up water is added to the heating system, and clogging of the water softener.

Ms. McDermott said that the roadway in front of their home is not designed to carry heavy commercial truck traffic; rather it was designed for narrow and light automobiles of an earlier era. That roadway is already in need of repair. Using that road for gravel trucks carrying heavy loads is likely to further damage the roadway and potentially restricting the access to the McDermott home and resulting in damage to their vehicles.

The McDermotts are concerned about a single blast and the effect over time of multiple blasts on the foundation of their house. Previous blasts at the quarry have clearly caused their house to shake and loose objects to rattle. The concerns they listed are likely to result in a decline in the value of their land and the home they have spent their lives working on.

Ms. McDermott is also concerned about the enjoyment of their peaceful country living. Based on what the Bruening representative told the McDermotts, they can expect daily ongoing truck traffic from 5 a.m. to 7 p.m., which they believe is incompatible with the current residential and agriculture use of the land. The blasting, rock crushing and transport activity will destroy the placid environment that is an important quality of their home. Therefore, they are petitioning the zoning board to deny the special use permit. If the board authorizes the requested permit, the McDermotts think that it would be fair for the board to place limits on the permit. They ask that:

-  Hours of operation be limited to 7 a.m. and 5 p.m.

-  Limit access to the quarry to the shortest route to Hwy 151, which is a gravel road that lies between the McDermott and Shireman properties.

-  All trucks exiting the facility be covered to limit dust pollution.

-  Accurate notice of blasting schedules be provided one week in advance of any blasting.

The McDermott’s believe that limiting the quarry access to Hwy 151 to the road between the Shireman and McDermott’s to the east is the most important consideration if the special use permit is approved.

Mr. Hickson asked how old the well pump was? Ms. McDermott said that they built their home in 1978.

Ms. Burds asked if they knew how often they blasted when the previous well pump was destroyed? Ms. McDermott could not say how often it was but it was not as often as Bruening Rock is proposing.

Mr. Kuhle asked how long the quarry had been there? Ms. O’Shea didn’t know exactly but knew that it was operating up until 2005. She asked Ms. McDermott if it was operating when they built their home or after they built the home. Ms. McDermott didn’t know if the quarry was open when they originally built their home but knew it was operating in the 1980s.

Ms. Burds asked how long it had been since the other quarry had operated? Ms. McDermott estimated that it had been twenty years.

Mr. Hickson asked if the board had any other questions? No one did. Mr. Hickson then asked if anyone else would like to speak either for or against?

Speaking to the board was Michael Kramer, 24498 Hwy 151, Cascade, IA. Mr. Hickson 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. Kramer had a few worries about the rock quarry. He lives to the South and east across 151. His house is built into the bluff and is worried that blasting may create cracks in his house. Mr. Kramer also had concerns about his well, and wanted to know if the property owners or the company would take care of any damages to their wells. Ms. O’Shea said to ask the company and Mr. Kramer wanted the assurance about who would take care of damages. He also had a concern about the hours of operations. He has lived on the land his whole life but they were not bothered by the previous quarry. Now he can see the quarry from his house and had concerns about the dust particles and the noise. Mr. Kramer said that operations in the evening would be detrimental to their lifestyle.

Speaking to the board was Greg Lammers, 1951 210th St, Manchester, IA. Mr. Hickson 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. Lammers is with Bennett Explosions of Manchester, IA. He wanted to speak to let the board know that blasting is highly regulated by the state Fire Marshall that regulates their vibrations and limits based on distance. Their vibration limit is 1 inch per second and a 132-decibel, which is the change in air pressure. Mr. Lammers said that the quarry is moving away from the home and that the vibrations would go away from the homes. He said that the property owners would feel vibrations but he wants everyone to understand that they are regulated. He pointed out that they use seismographs all the time because it is a great tool for everyone involved to know what is going on when they do blasting.

Mr. Lammers said that Bruening Rock Company is great about working with neighbors and addressing concerns and making sure that everyone is happy. Mr. Lammers pointed out that each blast is mandatorily monitored by a seismograph. He said that a seismograph measures three planes – transverse, vertical and longitudinal so vibrations are coming from every possible plane. They have to have their machines calibrated every year per state and federal law.

Mr. Lammers said that any time a property owner has a concern they can call the Fire Marshall and by law the company has to give them all of the records and the Fire Marshall will come out and measure the blasts themselves.

Mr. Hickson pointed out the concerns the two previous speakers had about their well water and asked if the blasting could affect their wells? Mr. Lammers said that studies have shown that it is not proven that vibration would affect the well. The study is from the U.S. Bureau of Mines which the state of Iowa has adopted.

Mr. Hickson asked if there were any other questions from the board? There were none. Mr. Hickson then asked if anyone else wanted to speak for or against?

Speaking to the board was Jeff Reiter, 25379 N. Cascade Rd, Cascade, IA. Mr. Hickson 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. Reiter said that the quarry was started in 1972 by Bard Concrete. The Bards were in charge until 2005 when they abandoned it and Mr. Reiter said that the last time he remembers any work being done was in the late 90s. Mr. Reiter said that he had no anticipation that anything would happen to the quarry until the Bruening Company came to them.

Mr. Reiter pointed out that the quarry wasn’t squared off properly, and it was not organized. He said that per his research on the Bruening Company was that they are organized in their pattern of doing things.

Mr. Reiter said that when the previous company was working in the quarry the blasting didn’t affect his well. He said that his neighbor claimed the blasting affected his well and the company took a seismograph to his property and found that it was not possible that his well was affected by the blasting.

Mr. Hickson asked if the board had any more questions? No one did.

Mr. Hickson asked Mr. Fadness and Mr. Bruening to come back up and reminded them that they are still under oath.

Mr. Fadness wanted to address some of the property owners’ concerns. He referred to the road that the McDermott’s were concerned about and he said that they were going to try to use the road they proposed.

Mr. Bruening brought up the concerns over the wells. He said that Mr. Lammers said that the property owners are able to contact the Fire Marshall if their wells are damaged. Mr. Bruening said that the Bruening Company had insurance as does Bennett Explosion and they wouldn’t walk away from someone’s problem with a well. If they damage a well, it is the company’s responsibility to fix the well. He wants to be a good neighbor.