HomeMy WebLinkAbout1977-02-01 Bd. Comm. Minutes.D,
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MINUTES
IOWA CITY BOARD OF AIMUSTMENT
JANUARY 12, 1977 -- 3:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS.
MEMBERS PRESENT: Goedken, Conlin, Fowles, Dickens
MEMBERS ABSENT: McBride
STAFF PRESENT: Schmeiser, Ryan, Siders, McKean, Child
Acting as Chairperson, Goedken called the meeting to order and asked if there
were any additions or corrections to the minutes of the meetings held on
November 11, 1976, and November 23, 1976. A motion was made by Conlin,
seconded by Fowles, to approve the minutes of the two meetings as written.
The motion carried unanimously. (Dickens was not present when the vote was
taken.)
V-7611. Application submitted by Mr. John W. Miller For a variance in
Section 8.10.26B.2 of the Zoning Ordinance to waive the side yard requirement
for an accessory building (garage) on a lot at 1019 Rider Street; date filed:
10/25/76.
John W. Miller, petitioner, explained his desire to construct a garage of
larger dimension in the same location of an existing garage. The lot has
severe topographical limitations, he said, which creates a practical difficulty
in locating a garage in conformance with the zoning regulations. Mr. Miller
stated that the property had been surveyed.
Board member Conlin suggested the possibility of facing the garage to the
cast and building a retaining wall. Board members suggested that Mr. Miller
look into the financial feasibility of such a plan.
Chairperson Goodken'noted that a letter had been submitted by Eunice Travis,
1017 Rider, expressing opposition to the subject request.
Angie Ryan, Assistant City Attorney, asked that the Board defer action on the
subject request until the Legal Staff had time to determine the legal impli-
cations of the proposed variance, i.e., if a building is non -conforming, the
house itself cannot be rebuilt or structurally altered but does this also
apply to an accessory structure?
A motion was made by Fowles, seconded by Conlin, to defer consideration of
V-7611, application for a variance submitted by John W. Miller, until the
next meeting in order to provide the staff an opportunity to further study
the legal implications of the proposed variance. The motion carried unanimously.
(Dickens was not present when the vote was taken.)
V-7612. Application submitted by Mr, and Mrs. Bernard Collins for a variance
in Section 8.10.3A.48 of the Zoning Ordinance by establishment of a private
drive to n lot located north of Foster [tend across from the Hks Country Club
as an officially approved place; date filed: 11/5/76.
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Mr. Bernard Collins indicated that the January 12, 1977 Board of Adjustment
Staff Report stated his case very well. A building permit was granted for
construction of a single family residence upon the subject lot, he said, but
it wasn't realized at that time that the subject lot did not have "direct
frontage" upon a public street. City inspectors had inspected the work in
progress and it was only when application had been made for an occupancy
permit that the discrepancy was realized.
Angie Ryan stated that there appeared to be no legal problems in granting
the variance.
A motion was made by Fowles, seconded by Dickens, to grant approval of the
private drive as an officially approved place (V-7612) and, as a condition
of the variance, that the property owner keep the officially approved place
in a condition accessible to fire fighting equipment.
A vote was taken: Conlin -yes; Dickens -yes; Fowles -yes; Gocdken-yes; McBride -
absent.
The variance was granted.
' Election of Officers.
A motion was made by Dickens, seconded by Fowles, to nominate Vern Goedken as
Chairperson'of the Board of Adjustment.
A motion was made by Fowles, seconded by Conlin, that the nominations cease.
The motion carried unanimously.
Vern Goedken was elected Chairperson by a unanimous vote.
A motion was made by Dickens, seconded by Fowles, to nominate John McBride as
Vice -Chairperson of the Board of Adjustment.
A motion was made by Fowles, seconded by Conlin, that the nominations cease.
The motion carried unanimously.
John McBride was elected Vice -Chairperson by a unanimous vote.
A motion was made by Dickens, seconded by Gocdken, to nominate Dorothy Fowles
as Secretary of the Board of Adjustment.
A motion was made by Conlin, seconded by Goedken, that the nominations cease.
The motion carried 3-1 (Fowles voted against the motion).
Dorothy Fowles was elected Secretary by a 3-1 vote (Fowles voted against the motion).
The next meeting of the Board of Adjustment was scheduled for February 9, 1977.
The meeting adjourned.
Prepared hy:` • C `,.
Approved by T Cu
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MINUTES
IOWA CITY RIVERFRONT COMMISSION
•CITY MANAGER'S CONFERENCE ROOM
JANUARY 13, 1977
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MEMBERS PRESENT: Brandrup, Epley, Fahr, Fountain, Horton, Lindberg,
Thayer, Vetter, Woodruff
MEMBERS ABSENT: Campbell, Neuzil
STAFF PRESENT: Flowers, Milkman, Schmeiser
RECOMMENDATIONS TO THE CITY COUNCIL:
1. That the Riverfront Commission By—Laws be amended to read, "Regular
meetings of this Commission shall be held on the third Wednesday of
each month at 3:30 p.m." (Article I, Section 1).
2. That the City .Council adopt Phase II of the Iowa River Corridor
Study: River Corridor Plan.
RECOMMENDATIONS TO THE PLANNING AND ZONING COMMISSION:
1. That the application by Kennedy Auto Salvage for rezoning of land
south of Winebrenner-Dreusicke Ford and west of the CRI and P Railroad
from R1A to Ml be denied. The Riverfront Commission would be in favor
�f C2 zoning of the property.
2. That the Commission begin investigating a way out of the current
non -conforming use on the property south of Winebrenner-Dreusicke Ford
under consideration for rezoning.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
The Iowa City Riverfront Commission met in Regular Session on January 13
with Temporary Chairperson Lindberg presiding.
Tom Woodruff, a new Commission member, was introduced and welcomed
6y Lindberg.
* Horton moved and Vetter seconded that the minutes of the December 9
meeting be approved as written. Unanimous.
Election of officers was held with Brandrup nominating Fahr for the
office of Chairperson. Fahr nominated Horton and Fountain nominated
* Woodruff, but both Commission member declined. Vetter moved and
Fountain seconded that Fahr be elected Chairperson. Unanimous. Epley
then nominated Lindberg for the office of Vice -Chairperson, but he
* declined. Brandrup nominated Horton and Vetter moved and Epley seconded
that Horton be elected Vice -Chairperson. Unanimous.
ilkman announced that Campbell would not be able to attend Commission
eetings until after 9:00 p.m. and Showatler indicated that the new
member from the Parks and Recreation Commission, John McLaughlin, would
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Minutes
Page 2 .
January 13, 1977 •
* have trouble meeting on Thursdays. Following discussion, Lindberg moved
and Epley seconded that the Riverfront Commission Uy -Laws be amended to
read, "Regular meetings of this Commission shall be held on the third
Wednesday of each month at 3:30 p.m." (Article I, Section 1). Unanimous.
The Commission then discussed the application by Kennedy Auto Salvage
to rezone land south of Winebrenner-Dreusicke Ford and west of the
CRI and P Railroad from R1A to M1. Don Schmeise r, Department of
Community Development, was present and reported that the Planning and
Zoning Commission had recommended denial of the application, but has
considered rezoning the property C2. Fahr stated his feeling that the
area should not remain RIA. Following further discussion, Thayer moved
and Horton seconded that the Riverfront Commission recommend to the
Planning and Zoning Commission that the application by Kennedy Auto
Salvage for rezoning of land south of Winebrenner -Dreusicke Ford and
west of the CRI and P Railroad from RIA to M1 be denied. The Riverfront
Commission would be in favor of C2 zoning of the property. Unanimous.
Brandrup then moved and Thayer seconded that the Riverfront Commission
recommend to the Planning and Zoning Commission that the Commission begin
investigating a way out of the current non -conforming use on the property
south of Winebrenner—Dreusicke Ford under consideration for rezoning.
Unanimous.
Milkman indicated that Dennis Kraft, Director of Community Development, •
was writing a memo to the City Council stating that the Staff would
recommend that the Council adopt Phase II of the River Corridor Study
as policy. Following discussion, Thayer moved and it was seconded that
the Riverfront Commission recommend that the City Council adopt Phase II
of the Iowa River Corridor Study: River Corridor Plan. Unanimous.
In making this recommendation the Riverfront Commission recognizes that
this action does not necessarily bind the City Council to any of the
detailed concepts and proposals contained in this document. However,
tie Commission does envision that the Plan will serve as a declaration
,Df intent and general policy direction relating to the development of
the Iowa River corridor. The recommendations contained in the River
Corridor Plan will be coordinated with the Iowa City Comprehensive Plan.
The adoption of this River Corridor Plan will not obligate the City
Council to any specific action or program (this would be accomplished
by the Capital Improvements Program and various development -related
ordinances), but it would provide the entire community with a clear
statement of Council policy as relates to the development of the Iowa
River corridor.
Milkman announced that the proposed Flood Plnin Ordinance would be
completed in the near future and that it, was hnpecl thnt all recommen-
dations would be received by February 15. Thcrc was a concensus that
the Commission should hold a special meeting for discussion of the
proposed ordinance on February 2 at 4:00 p.m. •
Minutes
Pago 3
• January 13, 1977
Brandrup pointed out that he had noticed an error in the December 9
minutes. He indicated that he was not on the Subcommittee regarding
Commission policies and priorities (page 1, last sentence). The
correction was noted.
There being no further business, the meeting was adjourned.
Respectfully submitted,
C
KI
MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
JANUARY 20, 1977 -- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Blum, Cain, Jakobsen, Kammermeyer, Lehman,
Ogesen, Vetter
MEMBERS ABSENT: None
STAFF PRESENT: Bowlin, Schmeiser, Oszman
RECOMMENDATIONS TO THE CITY COUNCIL:
1. To approve Z-7618, the rezoning of a tract of land
located south of Winebrenner Dreusicke Ford from RIA
to C2.
2. To approve S-7641, preliminary and final Large Scale
Non -Residential Development plan of Howard Johnson's
Motor Lodge located at the intersection of Interstate
80 and Highway 1, with the following contingencies:
(a) (1) that the water main easement be tied to known
points of reference,
(2) that a dedication document be submitted grant-
ing a perpetual easement to the City for the
water main,
(b) that the plan be endorsed by the utility companies,
and
(c) that reference on the plan be made to a raised
median for tree planting islands.
3. To approve S-7701, final plat of Village Green, Part IX,
located west of Village Road extended southerly, with
the following contingencies:
(a) that the sanitary sewer easement between lots 147
and 1 48 be shown to extend west to the westerly
boundary line,
(b) that minor discrepancies in the legal papers be
revised including the dedication of the utility
easements within the island of the turnaround, and
(c) that a variance be granted for a 60 -foot right-of-
way and a 28 -foot paved surface for Village Road.
REQUESTSTO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None
LIST OF MATTERS PENDING COMMISSION-COUNCII, DISPOSITION:
1. P-7317. Creation of a University Zone(U).
2. P-7410. Creation of a Mobile Home Residence 'Lone (RMII) .
3. P-7403. Revision of M1 and M2 Zones.
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SUPRARY OF DISCUSSION AND FOFLYAL ACTION TAKEN:
Chairman Ogesen called the meeting to order and asked if'
there were any corrections or additions to the minutes of
the meeting held on January 6, 1977• A motion was made by
Blum, seconded by Lehman, to approve the minutes as written.
The motion carried unanimously.
Z-7501. Commission to hold a public hearing on an application
^umitted by Dean and Evelyn Oakes to rezone a lot and a
portion of an abutting lot located north of Burlington Street
and east of Van Buren Street from a C2 and R3A Zone to an
R3B Zone; date filed: 2 4/75; 45 -day limitation period:
waived; deferred: 2/135; consideration requested: 11/17/76.
Marion Neely, attorney, spoke in favor of the rezoning on
behalf of Dean Oakes, owner of the property in question. Mr.
Neely explained why the application had been deferred, say-
ing that they had been waiting to see if a CO, or, central
business office zone, would be established. Upon learning
that such a zone probably would not come into ex!.stance, Mr.
Neely said, the Oakes had reinstated their application to
find out what action the Commission wished to take.
Mr. Neely then described the property which would be effected
by the rezoning, stating that it was Mr. Oakes' desire to
build a single large structure housing both apartments and
offices on the land. He added that Mr. Oakes had agreed to
tear down the existing structure at 522 East Burlington and
mentioned that they felt adequate parking could be provided
for the new structure.
Chairman Ogesen asked why the present zoning was not suitable
for the applicants' purpose. Mr. Neely responded that offices
of the, type they had in .mind could not be built in an 113A
Zone, where the 522 East Burlington property is located, and
that a C2 Zone would put a limitation on the number of apart-
ments they could build, which would create difficulties.
Commissioner Blum read a portion of the Zoning Code which
explained what specific types of offices the R3A 'Lone allows
and added that the R3B Zone would allow offices in general.
In response to a question from Commissioner Blum, Don Schmeiser,
Senior Planner, said that a PAD would not work for this area
because its size was under two acres. Mr. Neely indicated
that the total area of the three properties under discussion
is 23,000 square feet.
Al Sorensen, 212 South Johnoon Street, Iowa City, spoke
against the proposod rezoninf;. fie said that the Oakes'
property was within 60 or 70 feet of Johnson :itreet and
that this rozoning would open up the area to undesired commer-
cial development. lie cited the potential parking problem
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as another reason he was opposed to the r•ezonfnf;.
Chairman Ogesen declared the public hearing closed.
Z-7618. Commission to consider rezoning a tract of land
ocated south of Winebrenner Dreusicke Ford 1'rom R.IA to C2;
initial application to rezone the above described tract to
M1 denied: 12/2/761 public hearing to rezone tract to C2:
1/6/77.
Chairman Ogesen explained that the Commission had recommend-
ed to the Council not to approve the previous application
to rezone this property from RIA to 141, but had itself
instigated consideration to rezone the tract of land to
C2. He said that the Planning and Zoning Commission had
received a report from the tiverfront Commission which
recommended denial of the application to rezone from RIA
to 1.1,1, but which had recommended approval of a change in
zoning from R1A to C2. He pointed out that the Riverfront-
Commission also recommended that the P&Z Commission begin
investigating a way to end nonconforming use of the land
south of 'rlinebrenner Dreusicke Ford, which is currently a
salvage yard.
A motion was made by filum, seconded by Kammormeyer, to
recommend to the City Council approval of the rezoning of
a tract of land located south of Winebrenner Dreusicke Ford
from RJA to C2.. The motion carried unanimously.
Commissioner Filum wondered whether the salvage yard could
be phased out of existence once it was judged to be noncon-
forming. Mr. Schmeiser said that there was a possibility
that it could be amortized by law, if' there were precedent
in Iowa law for such an action.
The owner of the property told
salvage yard would in fact be
a three-year period.
the Commission that the
phased out of existence over
3-7641. Preliminary and final Large Scaie Non -Residential
)eve opment plan of Howard Johnson's IAotor Lodge .Located at
the intersection of Interstate 80 and Highway i; date filed:
12/3/76; 45—day limitation period: waived.
Chairman Ogesen explained that con::ile raLiou of the pian
had been deferred at a special meoting hP.l l on .January 1.7
because the parking area shown on the plan was not adalunto.
Mr. Schmeiser said that though this inadequacy had been
correcte-1, there were still scver•,:rl or,her, li:;rrepancies to
be corrected, adding tnat he con ildr.i = t;e:r, 'ninor enouhn to
be made contingencies.
Mr. Ted 31unk, 3hive-ilattery A330C1ate 9, 3"'" that the
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developers were in agreement wf.Lh the I fsL of contingencies,
but that they wished to hold oi'l' on Lhe exact location of
the easement because more relevant information was needed
before a decision could be made.
A motion was made by Vetter, seconded by Cain, to recommend
to the City Council approval of S-7641, preliminary and
final Large Scale Non -Residential Development plan of Howard
Johnson's Motor Lodge located at the intersection of Inter-
state 80 and Highway 1, with the following contingencies:
(a) (1) that the water main easement be tied to known
points of reference,
(2) that a dedication document be submitted granting
a perpetual easement to the City for the water
main,
(b) that the plan be endorsed by the utility companies,
and,
(c) that reference on the plan be made to a raised
median for the tree planting islands.
The Commission instructed the Staff not tosubmit the plan
to the City Council until the contingencies had been met.
The motion carried unanimously.
S-7701. Final plat of Village Green, Part IX, located west
7 7'i7lage Road extended southerly; date filed: 1/3/77;
45 -day limitation period: 2/17/77; 60 -day limitation period:
3A/77.
A motion was made by Blum, seconded by Cain, to recommend
to the City Council approval of S-7701, final plat of Village
Green, Part IX, located west of Village Road extended south-
erly, with the following contingencies:
(a) that the sanitary sewer easement between lots 147
And 148 be shown to extend west to the westerly
boundary line,
(b) that minor discrepancies in the legal papers be
revised including the dedication of the utility ease-
ments within the island of the turnaround, and
(c) that a variance be granted for a 60 -foot right-of-
way and a 28 -foot paved surface for Village Road.
The feasibility of constructing a sidewalk over an easement in
lieu of a public walkway was discussed. Dick McCreedy, Iowa City
Development Company, wondered who would be responsible for the
upkeep of such a sidewalk. Commissioner Blum said he felt the
question of liability for such a sidewalk was an important one.
The motion carried unanimously.
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S -7702a. Commission to set a public hearing for February
1 7, on a Cinal Planned Area Development plan of Village
Green, Part VI, located south of Muscatine Avenue and east
of Village Green Boulevard; date filed: 1/3/77; 45 -day limit-
ation period: 2/17/77.
A motion was made by Blum, seconded by Cain, to set a public
hearing for February 3, 1977, on a final Planned Area Develop-
ment plan of Village Green, Part VI, located south of Musca-
tine Avenue and- east of Village Green Boulevard. The motion
carried unanimously.
S -7702b. Final plat of Village Green, Part VI, located
soutFof Muscatine Avenue and east of Village Green Boulevard;
date filed: 1/3/77; 45 -day limitation period: 2/17/77;
60 -day limitation period: 3/4/77.
A motion was made by Cain, seconded by Vetter, to recommend
to the City Council approval of 3-7702b, final plat of Village
Green, Part VI, located south of Muscatine Avenue and east
of Village Green Boulevard,. with the following continggencies:
(a) that a sanitary sewer easement between lots 98 and
99 be extended 15 feet into the old farm apartment
lot and illustrated on the plat,
(b) that minor discrepancies in the legal papers be
revised, and
(c) that a variance be granted for a 60 -foot right of
way and a 28 -foot paved surface for Village Road.
Commissioner Kammermeyer asked how the Commission could
approve the final plat before the public hearing. The fact
that the preliminary plat of the PAD had already been
approved was discussed. It was pointed out that by ordinance
the final PAD plan and plat must be in conformance with the
approved preliminary plan and plat.
A motion was made by Jakobsen, seconded by Cain, to defer
until the meeting on February 3, 1977 consideration of
3-7702b, final plat of Village Green, Part VI, located south
of Muscatine Avenue and east of Village Green Boulevard.
The motion carried unanimously.
Commissioner Blum gave a summary of what had occurred at
the City Council meeting the previous Tuesday evening.
Chairman Oge sen asked the Commissioners whether their terms
as shown on the Annual Report were correct. All Commissioners
agreed that they were .
The meeting adjourned. Prepared by: Chi , .•C';�f„..r,_•�, �•
Ellen Oszman, DCD
Approved by:
Jane dakobson
Sec., P&Z Comm.
e' • • CIVIC CENTER. 410 E WASHINGTON ST.
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IOWA 19354 IB 52240
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NOTICE
THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOIN'DSgT
TO 111E FOLLOWING CaMISSICN:
AIRPORT CONTUSSION
One vacancy - Six-year Term
March 1, 1977 - March 1, 1983
Duties: To exercise all the powers granted to cities and towns
under Chapter 330 of the Code of Iowa, except the power to sell
said airport. To annually certify the amount of taxes within
the limitations of the Statutes of the State of Iowa, to be
levied for airport purposes. All funds derived from taxation
or otherwise for airport purposes shall be under the full and
absolute control of the Airport Commission, deposited with the
City Treasurer, and disbursed only on the written warrants or
order of the Airport Commission.
Towa City appointed members of boards and commissions must be
qualified voters of the City of Iowa City. This appointment
will be made at the hLirch 8, 1977, City Council meeting at
7:30 P.M. in the Council Chambers. Persons interested in being
considered for this position should contact the City Clerk,
Civic Center, 410 East Washington. Application forms are avail-
able from the Clerk's office upon request.
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6#11
CIVIC CdtO E. WASNINOiON ST.
IOWA
IOWA OITY, IOYIA SttdO
3t9JN4B00
+ C([x17'wi
NOTICE
'111c CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS
TO TF¢ FOLLOWING COMMITTEE:
CCNMITTEE ON CW1UNITY NEEDS
Three vacancies
March 1, 1977
Two-year Terms
March 1, 1979
It is the duty of members of the Committee on Community Needs to
coordinate communication channels between groups and citizens of
Iowa City and the City Council and staff and then to responsibly
respond to program proposals as solutions designed to meet the com-
munity's needs.
Iowa City appointed members of boards and commissions must be quali-
fied voters of the City of Iowa City.
This appointment will be made at the March 8, 1977, meeting of the
City Council at 7:30 P.M. in the Council Chambers. Persons interested
in being considered for this position should contact the City Clerk,
Civic Center, 410 East Washington. Application forms are available
from the Clerk's office upon request.
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COMM[xC[ , �• x CIVIC CENTER 410E WASKNOTON ST.
IOYIA C17Y.IONA 522s0
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•low[ mr.-law•
r.w wa:v
NOTICE
ITUE CITY COUNCIL OF I01A CITY IS CONSIDERING Aid APPOINT-
MENT TO IIiE FOLLOWING CONNISSION:
1DiaN RELATIONS CONWISSION
One vacancy ' - Unexpired Term
March 8, 1977 - January 1, 1978
The duties of the members of the Human Relations Commission are
to provide for the general welfare of the citizens of Iowa City
by studying the relationships of people of various races, colors,
creeds, religions, nationalities, sexes and ancestries living
within the community. To provide procedures for the operation
of said Commission to eliminate prejudice, intolerance, bigotry
and discrimination in the City of Iowa City. To provide for the
general welfare of the citizens of Iowa City, Tonaa, by declaring
discriminatory practices in the areas of public accommodations,
employment and the leasing, sale, financing or showing of real
property to be against public policy and to provide procedures
for the investigation of complaints and conciliation and to pro-
vide for enforcement.
Iowa City appointed members of boards and commissions must be
qualified voters of the City of Iowa City.
This appointment will be made at the March 8, 1977, Council meeting
at 7:30 P.M., in the Council Chambers. Persons interested in being
considered for this position should contact the City Clerk, Civic
Center, 410 East Washington. Application forms are available from
the Clerk's office upon request.
X12
City of Iowa CK
A;, 4-, L", f nqt�z I&LUf
DATE: February 2, 1977
TO: Iowa City Housing Commission
Attn: Chairman Fredine Branson
FROM: Iowa City City Council
RE: Referral of Ordinance
At their regular meeting on February 1, 1977, the Iowa City
City Council was informed of the filing, by four petitioners,
of an Ordinance titled "Residential Landlord and Tenant
Ordinance" under the Charter process which provides for
Initiative proceedings to be filed by qualified voters
petitioning Council to consider a proposed ordinance.
The motion was adopted by Council to refer this ordinance
to the Housing Commission for a report within 60 days.
(April 1, 1977). The Legal Department will be reviewing
and commenting on the ordinance and the process in
two weeks.
SilxMiziLi
Abbts- fus, C/
City Clerk
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