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HomeMy WebLinkAbout11-10-2004 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, November 10, 2004 - 5:00 PM EMMAJ. HARVAT HALL A. Call to Order B. Roll Call C. Consider the October 13, 2004 Board Minutes D. Special Exceptions: 1. EXC04-00025 Discussion of an application submitted by Gary Schooley for a special exception to reduce the required front yard from 20 feet to 12 feet for property located in the Low Density Single-Family (RS-5) zone at 1817 Grantwood Drive. 2. EXC04-00026 Discussion of an application submitted by Merle Miller for a special exception to reduce the required front yard from 20 feet to 0 feet to allow a parking space in the front yard for property located in the Low Density Single-Family (RS-5) zone at 1401 Ridge Street. E. Appeal: APL04-00004 Discussion of an application submitted by Wesley Foundation for an appeal of a decision of the Building Official that an auto and truck oriented use has lost its non-conforming status for property located in the Central Business Support (CB-5) zone at 130 N. Dubuque Street. F. Other: Consider a request from Verizon Wireless care of Selective Site Consultants to reconsider the October 13, 2004 vote regarding EXC04-00022, a request to locate a telecommunications tower in the Interim Development Single Family (ID-RS) zone at 637 Foster Road. G. Board of Adjustment Information H. Adjourn NEXT BOARD OF ADJUSTMENT MEETING - DECEMBER 8, 2004 STAFF REPORT To: Board of Adjustment Prepared by: Robert Miklo Item: EXC04-00025, 1817 Grantwood Drive Date: November 10,2004 GENERAL INFORMATION: Applicant: Gary Schooley 1817 Grantwood Drive Iowa City, IA 52240 Phone: 351 7727 Requested Action: Reduction of required front yard setback from 20 feet to 12 feet. Purpose: To allow an addition to the east side of an existing house and an existing accessory building to be closer to the street right-of-way. Location: 1817 Grantwood Drive Size: Approximately 11,000 square feet Existing Land Use and Zoning: Single-family residence, RS-5 Surrounding Land Use and Zoning: North: Low-density, single-family residential, RS-5 South: Low-density, single-family residential, RS-5 East: Low-density, single-family residential, RS-5 West: Low-density, single-family residential, RS-5 Applicable Zoning Code sections: 14-6D-2E-4a (minimum front yards in RS-5) 14-60-4B (special exceptions possible) 14-6W-2B (spec. exception review standards) Comprehensive Plan: Residential File Date: October 13, 2004 BACKGROUND INFORMATION: This property is located at the corner of Grantwood Drive and the right-of-way of an un-named street. When Mt. Prospect subdivision was originally platted the right-of-way was planned to extend to the south. However when Mt. Prospect, Part VI, was platted the actual street configuration was redesigned and this right-of-way became a driveway to the Grantwood School property where Safety Village is located. The area to the south will not be developed with residential lots as originally conceived. Because the area remains as street right-of-way, a 2 20-foot front yard set back is required on both Grantwood Drive and the un-named right-of-way. The applicant would like to construct an 18-foot wide addition to the east side of his house. The addition would extend 8 feet into the front yard along the un-named street. There is an existing accessory building, a storage shed, located in the required front yard adjacent to the un-named street right-of-way. If this special exception is approved staff recommends that it also apply to the accessory building. ANAL YSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant relief from the requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standards: 14-6Q-4-B, Exceptions to Established Setbacks Subsection 60-4-B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of the Chapter, and that the conditions of Article W of the Zoning Chapter (Board of Adjustment Powers and Procedures) can be met. Peculiar Situation: Because of changes in the subdivision design, the un-named street adjacent to this property will not be extended to the south as a street. It functions as an entrance way to the Grantwood School property and rarely carries traffic. The fact that this right-of-way will not be extended and really does not function as a street, makes this a peculiar situation. The zoning ordinance requires a 20-foot set back from streets in the RS-5 zone to assure that homes have a minimum front yard for open space and landscaping. If the area east of the applicants property were not a street right-of-way a side yards of only 5 feet wide would be required. Practical Difficulty: The applicant could construct an addition to the south side of his house and not encroach into any required yards. However the internal configuration of the house would make such an addition less accessible to the main rooms of the house less useful to the occupants. General Standards for the Granting of a Special Exception: In addition to determining whether the situation is unique and if there is a practical difficulty in complying with the Zoning Ordinance, the Board must find that the applicant meets several standards spelled out in chapter 14-6W-2B. The applicant's statements regarding each of the seven general standards are included within the attached application, and Staff's findings are below. A. The specific exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff finds that the proposed exception will have no negative effects on public health, safety, comfort and welfare. The addition and existing accessory building would be permitted if the adjacent property was not platted as street right-of-way. B. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Staff does not feel that the proposed addition or the continued presence of the accessory building in the area that would otherwise be front yard will 3 substantially alter the neighborhood. C. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The other properties in this neighborhood are already developed. The reduced yard should not affect them. D. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed exception will not increase the population density or affect the use of municipal utilities. E. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The un-named street provides a service access to the Safety Village located on the Grantwood School property. Reduction of the front yard adjacent to this right-of-way should not affect the school's use of this access. F. Except for the specific regulation and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The existing storage shed does not meet the 20-foot front yard set back. Approval of this special exception will bring it into conformance. If the special exception is not approved the shed will need to be moved 20 feet back from the street right-of-way. G. The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The Comprehensive Plan designates this area as appropriate for single-family residential. The proposed special exception is consistent with use of this property as a residence. STAFF RECOMMENDATION: Staff recommends that EXC04-00025, an application for a special exception to reduce the required front yard from 20 feet to 12 feet to allow the construction of an addition the location of an accessory building for property located at 1817 Grantwood Drive in the Low-Density Single- Family Residential (RS-5) zone, be approved. ATTACHMENTS: 1 . Location Map 2. Application Documents Karin Franklin, Dire or Department of Planning and Community ,Development ~£~ Approved by: (§) ~ ~ t3 ~ ~ ~ I- I- 1- ~ 1- t3 Å~ -\'?- ."Z é '-.'-- ~ --== () Ô-è:c CJ '- Q) CJ EQ ."=: ~ I I I i' "v~ '?- I I -\"" '?- ~'?- 00" .s. ~ G Od NOINn OVOd NdJ1SJM t . b~ C- O C) ªê3 C) -+-.,-C:: gsl--- c:: CJ f-- o CJ c.n f-- 251--- '- ~ ~ ~ ~ ~ f--~ '/ 0L-- w -j\1~ \/ = ~ ~ ~ ..-~ J--_ w ll-- -- ~ -....J 1þ \r-- - OdV8~Ol . l¿ I lS OOOM 1NVtJ~ f-- r-- 1 / wr-----l;;' I--- > - « « f.-- 2 _2 ¡- 0 I--- Si -g;: -« - f-I--- w - :5 r---- c:5 .r---- u.. _I-- ,-- , - \-- j I--- i- - -- -- - It~\~ ~p\J ê ~'"IJ "l'lVd ) 1--- ì ) I lS JdOV'NOAS - Cl:: w I--- o :;: 1---1---- z _f---- « I--- Si -2' - «- "'-- w -0 c:5-_~-_ «- \~ffJt==O~ T ~ dO llJSSnd h II ìri IIII J1i tJO UOtJ)NV8 I II\~~ EF? ~L'\~ êIffi~ w-:!,s N\l11S\èJ~ _ :;: \ - (')~ \ +-- E~ ì j I--- 2 . J.......-.-- L-- -.;.¡ J ll3SsnSL, ~ J ~,.. -1 ~ I--- I ~ I--- - I---- f--- C-- ~ - - - I--~ f--- w z « I--- ....J >- f--- BJ f--- o ",I--- u f-- r---- .~I ::J Z W > « >- '" (J1 ::J o z « I r I lS SI^VO -- l;;'- « - ';;:f--- '" ¡¡Sf--- ) L- C- ~ -C) -~ -çq I I I I / /" 11"\ ....... Ui ~ Nl l\f~3d .-<" \ Nl d38VW I I I I I "'- o - YO ~ - 3: _ z « f- I---- U1 f.-- ~ en a: I c - I ~ ~ ,-;/ LO C\J o o o I ~ o Ü >< w -'" \ I.... o 1:J o o ~ c: ca I.... c:> I"- "r- eo "r- . . Z o ÞOOOOO4 ~ U o ~ ~ ~ ÞOOOOO4 rJ::¡ APPEAL TO THE EXC-fD-\~d.5 BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: /£1... /3 - ~ c/ PROPERTY PARCEL NO. APPEAL PROPERTY ADDRESS: / J"/? Gr»..J¡ rù..9l9od. lJr: :T-OtJ)/If.. ~ ..roü.:)c....... APPEAL PROPERTY ZONE: I( 5 - ¡( APPEAL PROPERTY LOT SIZE: Ie i)( i"'. 'J . APPLICANT: Name: C:rtt.... y A. Sc..hoole..}t . , Address: 1</1 7 r'?'Iìll'}tù..!)t:x:J./prr~::'$ Phone: 3/'1 - ,,1!5/-"::Jr'J..7 CONTACT PERSON: Name: b~r y II. fX.h(!;)C)ffb Y r , Address: ICI? f?atlJtU.90c:')d.. })y:~ ::::J:,o~..... c., ;)t I .:3:c!)uJø..... õ;lJt ~-- ::>(") Phone: .:» ~ - 35 J - ~ '9:J.. '1- :5:> ~i C)-: " , .... ,f _è Ii] .& ,- .~ PROPERTY OWNER: Name: ", l J4. ~~DO).Q. Y ~ ;( Address: lfi'/7 ~..rfwooLO~ .12>u'lfúty,.1.tjÞ ~ t,.. Sa.-;).l D Ph ne: 661- '1-7--;;J::'1 Specific Requested Special Exception; Applicable Sectlon(s) of the Zoning Chapter: t) , (//' ( '11 Íø 11 w '-n S; ,-~ \_J ë5 '0'\ Purpose for special exception: C&" <\ +-riA c.. T/n'1 {J ~ a L,'LI /J11 ]<oOfV\.. Date of previous application or appeal filed, if any: N oL~ -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Leaal description of property: Á.ð r ¿Þ/1c.I1unJ.""" ¡;. Þ"'ú~) ;" Yar-t- I-I!>, ,Nìf-r I'NJIS¡'-ec.r Þr4d,¥"DIf. 7l>:&Þ1AH4. c..,ry ;.:&ð~, 14~"'¿'<"'1 7'b '11"- p~ ThÞ"'QCP.J:. ,'.." ?fA" 3ÐOIC.. /1) P"-1".... t/-1j "PIA(- Rac.t>nt~ ~ ..Jbhn6ðl1 WUlJfj f£Þ~) G)ct~ Tk..bf$ T ,;J () ~ þ F- 'S~. oJ t....ct-, B. *Plot plan drawn to scale showing: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. rSubmlssion of an 82" x 11" bold print plot plan is preferred.] C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. 5~, Cd±c,-d~ shswt I"~,,', G';::~ D. :--=1 () w ,." ~ ._~,,,,1 ri'i :Þ ""."::".... "-'r-J _.;..... ()~ :.?..~ ~ '2 The applicant is required to present specific information, not just oPirltons, tbat the aeneral standards for the arantina of a special exception (Section 14-6W-2B2, City Code), enumerated below, will be met: o "':::n ::j;-;:~1 r-"\ -_..,~"- I,~. ) ..,..,,,;,,.., _t:"" r..:;. C') I -íl i '.Tl "-1 ',J 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. /h.e, p~ ~'b'I LV~Y/ It...~ AD irn¡l9aët ð1 .,PuÐl¡~ Åt.4ItA; h£¡{Pflfj,. J1.u fit}" orÁðod ~../,rr- ðr' c...ø#1 þt ",-" Ny ð~ LA!)Lf fb..--Jl..> · PLtlol/'f-; SJr:f;y w//I AD"'" Je.¡~ el1.da.."'ðtMted b~ú....n..JL¡ 11.0 ~í~ d,. ~htA,e..c- ; ÀItf' :Ll:Í I ~, LU," ( ÓA- C rUJd-eJi.. APPLICATION OF GARY A. AND LOU SCHOOLEY Attachment to C---Address the areas of Board review which apply to the requested special exception. This special exception is to construct a family room and porch on the South side of 1817 Grantwood Drive. This addition will face Grantwood Drive and will extend 18 feet going east of the existing structure. The current right -of-way facing Grantwood Drive is 51 feet, which results in an even 51 feet from the center of Grantwood Drive to the house. Although specific measurements are not available at the time of this application, visual inspection leads one to believe that every house on the block between Grantwood Drive and Palmer Circle impedes the required setback. The proposed additions requiring this special exception will not extend into the required setback of any further than the existing structure on the North side. This addition will significantly enhance the property and will comply with all additional codes and zone requirements. This addition is essential to a full Living Room with French doors leading out on the south side for possible porch or deck built in the future. The requested special exception will not impact abutting properties in any way, j"-,,' because the location of this addition faces Grantwood Drive-not abutting proP~~¥B) Nd~ :þ: :::~{ (' '~:J -'¡. community infrastructure will be negatively impacted, including Grantwood Dri~e! -< '" ",1 ~~"<:: traffic, site distance from any cross street (we have a dead end which will not be.-- C) -<;: developed into a street) , ingress/egress, water, sewer, or storm water managemeIÍÊ= -Tl w , :-'n i I I I ..-...., ! , .,..,,1 :> -",-r .-t,...... c::> ......J There are no alternative locations for this addition on the existing structure for the following reasons: 1. West - existing driveway and garage with no alternatives to re-locate and it will not accommodate relocation of the living room to access dining room and kitchen. 2. South - not adjacent to the dinning room or kitchen The requested special exception will in no way negatively impact the neighborhood. The benefits resulting from the special exception include: 1. Significant owner occupied residence enhancement in an originally platted Iowa City neighborhood which has a history of non-owner occupied rental property 2. Increased tax base. 3. an architectural sensitive design maintaining the historic integrity of the east side Neighborhood. C) (') -¡·l -.¡ w :~n ,u-¡ "_.../ o -.J -3- 2. The specific proposed exception will not be Injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. -;TJÚ- ~~ ~r"-r-I.B11 w\H hot' lac... ~ ,,~u:~t~ Tc. "K... U,u... <41\¢ .QrDl)~~J Þ.f. a..., o"'tUr ~rbp4Ut\~ bQ ~\.\.s;.-... ',+ lð',n noT Q..¡¡Ç.~ b~y. Dn..l. ïJ.u.. ~; 5.+; ~ S""hA~"(IQ.. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. 74 P~./OðS~ Jl¡f:"'~"J!Jrf, wUc M 'N\fO~ "f/c,t,I'lII'INJ tbJ¡l. Þ1ltÚH.,,¡t," (jdkJð,.,...;f 4Jld /.,.., ~ ø.f 't1t.&.. Sc...~'''V ()~~J' IuClM4~ H>dtet "é /~.f".;"5 c.. P~I r» r /'$ it' c-V'c-,-¡ ¿'¡oSe." 7Þ ""1 "S"cH'r'Þc..t",á..^) p",...~y 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. /A... y:nf'DpoStt.d JJ.~c..,,·h·Þ '" t.cJ,' , ~\h.. ;¡,o Q..fÇcd- OM ~ 4~v-c-.J -- n1..fM-rUM (lei /'Jçrll..srr~c:tll(,~" 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. ~".,. 4/ppl,"c4b1ofJ ---tNb p-DfDw ,¥-c..e.pI"~"ø- W;/f "iT hA.vc..; 41'\ :~ On ì ~rus or e'jrvu;;.~.. 9 <:0 )::~ :=~-i /'-,.:> ~';:,ª~ ...1-::- o C''') ..""~ '-n c ) - ~",.<.." :;:- :]';: w .-,...-, I ¡ t) ~; :Þ; ë5 .. -t -4- 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided In City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Section 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] i~>. "í/u,"'t.; Od'o(..- v10 fJ.D2..rD'5Q.C{ c.h."5 l'.s. Tð 7d__t:,·~ íYU~ I2:i'c . 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. ie~ , /~ PrtJP,.w ~C4fIph'Ð"" f ,'Þf ~ ~ St..l.J'po"t"'ts J\....Q... CcWlfI'~ ,It~5..·tJCJ :t>C4Y\ b~ þr"'VP'\,rl>;}\.~ Co""føc~ at'1d Cbt'tti 1 t.\.ot.û c1erJfl.I brp"....-t bt)i¥f\:"Y\ ('f\. ,e...,..,. S-h'~ 1U1~" bor"h.6Od ' E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME /)~y Albfu~r :::r eFFT'ff.-'j 1) C "Ai b. rc--- ~ SLo1-r þr M Lot'\ ~ .5 ket,..,..DnArbÞq..st ADDRESS I fizz- (J re.-.-t~ood. ?Jr. ..:rOoA"\<:.i1) I '/'~ gr'ð t\tÐðOd. i>w". .jð~1 ~""/ /10 t./ S1^A-1T\.Ot>oc1, M ~~c.rry.. I g'Þ' 6tAitT(a:lood. <Ði'. ::t~...~ o ::?: C) y~ ~'~'...,,1 ç:::." (:;:::'} .J:.- c, (-"") -i :JJ (j , - w ~..~¡~~ :S:;:: <;:.7.... » ~ ,'T1 ('-~-"1 \J o ......, -5- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction. commencement and completion deadlines, lighting, operational controls, Improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision Is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after. the filing of the decision in the ~e City Clerk. (ß(>~ /3 . w?'f_ ~ ~ Date: Date: ,20_ Signature(s) of Property Owner(s) if Different than Applicant(!51 o ~~g o c-) --I -Tl ppdadmln\appboase.doc w ~ -<t~. ~-n ª .....J , l¿c .... I , I ! " ! I I I ___.. r-! ~_..:.--.~"- ~_ t ( . ::'" r ¡ ~.~'.=.~._ ¡ I _. . '--__. ~~_\ ¡ i I ¡ \, L ¡ ,..::";,} to. .~ <- ~~~ ~( / ¡-- :I~ ¡ '- '\ ~ ~.:..~¡~ ~ .~"-, ;1 .;:;1'r..)j ~f ~ -,-~-_...!~_.-:- \ ~ ~ !\\ ¡ ~ ~ , " ~ ! .~ ~ 'V\ f\' j ~ \Y)~, ! ~ ~ __ " "t \, . 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" 'f_'!, ¡ ¡ ¡ t--¡ [ ¡-i" -, I ï ¡ ! . ¡ , ¡ i I I ! , ." . ¡ I _~.: :, ;', ¡ ¡ b- i~'-"<>"~'b-"¡.-.'¡~''"'''''''_'~'':..f;,:,;-+.,.". t, ""{ , ~ '."', ,"', ~;"', ;' '. . ,. ¡ d'J : } !~j I: I' ~: : \'~;. \. ~-;,:: ~ f í ill! I ~¡ í r, . ,~ ~ ¡ ¡ I 1;1 ,~ L~: ( ~* ~ ;i#~ ; ,¡ \ I ¡ i 1 ¡ ! II i I ! I ¡ ¡ I 1 j ¡ f I t 1- i I iL. ¡ ., r . , ~.- I ! ¡ . I I ¡ T , t. I r ! , ~ t . t~ ~ , ¡¡' ~. ' \(. l' fi r ~ " î .~/ Ii I{ " .}} ',! ¡ , I ¡ I II It I It ì I r '1,' ¡ , ~: ":iIC;-- ~ I I ¡ , ~ ¡ fi ¡ ! ¡¡ iw~~, t '.. \ t ~..~~ ~ t ~'-i I I ì ¡ I III t ! ,f i i ¡ { " I I t I '. ',:-r .,'"' "',~ ~ :~ '~ 4 ~..,', , , ),0." ~ ~_. ~ -4, --. \J \-~ ~ -, Ct r·· , ....... ; ~; _t;~1 ~,' y. -..1...... ~~. ~. , " ., C) '-, , . --1 --~ï -_!...! w f"-·-- ¡ þ rn -,'" -L'1o. ë3 -.J ~ \l". 'r4 '1" ~ \ ,I ~ \\ ~ ~, !!J § ~i 'f '\ \ "'~__: t 11 ~~ ¡-;¡ _ __-==---_.__ ~.~._ .~~.;; : -===--==.= 3 i~ - ~~ ~ .'. . =- ~ '-. I ;-. '( \ " 1ff .~ ~ ~ ~ì ld~ ~4 ~". I nul ~. 4- 11:\ Í ; r' " '\ ;; : ~~ \ r . ;''¡¡ ~\i '<1 I <\, ~~ "<Y.;:J .:t ...., \ " \ \ r/ ./' . /' §¥ \0: ~ ,) ~I Î" ';1.. -IL . ,...-;,;, II! ..... f,¡J ~ ; I ! lrz¡ -,{\ \ \ \ '\. '~.) ~:;, .L. \),C: * :;J.~ IY.' :Ii~ I~ ¡, ~~ \. "/ I, ..-=-L~,.. (ß f~:~'f-t: ~ ~~tk! . \ L ,~ f ß z{~ ")- d\1 ' \1! ': ). l""'f ":" ,\ ~, .... "-'_-~,~i, \ þJ ~" . J' b~!:c~' ~ . "'j¡ I,;! sf) L "I" <I) __"._ .. ...-.--,. ..~~:... -.-' "', .. -m>~----' - - -_. .. ! , \ì, " 1 . ~~ ~~ ~j ~~ '::-i i:'~ I:..j; .r0¡1 ,,, , , ç;. t.! r<) ~:,. '. rl j , Cc::. D. "-.. I '~ d ....:\. J . _. ~~ ë5 ;:~ ~J-,.,.;;¡o o ç-, -1 "Il c) w ro, m ;:c.. :!r ;'-", :CJ ".~ /'.. ë5 ~ » r'=- I :....n ,........., \'''../ --J STAFF REPORT To: Board of Adjustment Prepared by: Robert Miklo Item: EXC04-00026, 1401 Ridge Street Date: November 10, 2004 GENERAL INFORMATION: Applicant: Merle D, Miller 2010 Keokuk Street Iowa City, IA 52240 Contact Person: Sara O'Donnell Phone: 354 6506 Requested Action: Reduction of required front yard setback from twenty feet to zero feet. Purpose: To allow a parking space in the area that would be normally be a front yard. Location: 1401 Ridge Street Size: 5150 square feet Existing Land Use and Zoning: Single-family residence, RS-5 Surrounding Land Use and Zoning: North: Low-density, single-family residential, RS-5 South: Low-density, single-family residential, RS-5 East: Low-density, single-family residential, RS-5 West: Low-density, single-family residential, RS-5 Applicable Zoning Code sections: 14-6D-2E-4a (minimum front yards in RS-5) 14-6Q-4B (special exceptions possible) 14-6W-2B (spec. exception review standards) Comprehensive Plan: Residential File Date: October 14, 2004 BACKGROUND INFORMATION: This property is located at the corner of Highland Avenue and Ridge Street. It is a narrow, substandard lot. The applicant would like to relocate the driveway and off street parking space from the Highland Avenue side of the property to the Ridge Street side of the property. The zoning ordincance does not allow a parking space to be located in a front yard in a residential zone unless it is located in an aisle or driveway leading to a garage or parking space located 2 outside of the front yard. There is a maple tree located on this lot which would need to me removed if a parking spaces was to be installed 20 feet back from the Ridge Street property line so that it is located outside of the front yard. The applicant is requesting a reduction of the front yard to allow the installation of one parking space within the first 20 feet of the lot. ANAL YSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land, It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant relief from the requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter, Specific Standards: 14-6Q-4-B, Exceptions to Established Setbacks Subsection 6Q-4-B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of the Chapter, and that the conditions of Article W of the Zoning Chapter (Board of Adjustment Powers and Procedures) can be met. Peculiar Situation: The applicant has a small lot for the RS-5 zone. Dimensional requirements for RS-5 are 8,000 square feet of lot area and a minimum lot width of 60 feet. This particular property measures 50 feet wide by 103 feet long (5150 square feet), and is therefore substandard in both width and overall area. The fact that this property is a corner lot complicates the size problem because there are two front yards (on the north and east) - both of which require 20-foot setbacks, There is a large maple tree located just beyond the required 20-foot front yard in an area that otherwise would be available for the location of an off street parking space, The current driveway and parking space is located on Highland Avenue and has a steep grade which makes in an undesirable location for a driveway. Highland Avenue is also the busier of the two streets. In Staff's opinion, this combination of factors is a unique situation, which makes full compliance with the front yard set back requirements difficult for this property, Practical Difficulty: As noted the applicant could comply with the 20-foot setback if the maple tree was removed to provide an area for a parking space beyond the front yard. However this would result in the loss of a mature tree which provides shade and beauty for this lot and adjacent lots. In Staff's opinion, there is a practical difficulty in complying with the 20-foot setback, General Standards for the Granting of a Special Exception: In addition to determining whether the situation is unique and if there is a practical difficulty in complying with the Zoning Ordinance, the Board must find that the applicant meets several standards spelled out in chapter 14-6W-2B. The applicant's statements regarding each of the seven general standards are included within the attached application, and Staff's findings are below. A. The specific exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff finds that the proposed exception will have no negative effects on public health, safety, comfort and welfare, Approval will allow for the location of a driveway and parking space on the less traveled of the two streets which provide access to this property and will allow a mature tree to remain in place. If the tree was removed and a parking space where installed beyond the front yard, the zoning ordinance would allow a 3 parking space in the driveway leading to the conforming space, so the net effect on the neighborhood would be the same or even less beneficial if the yard reduction was not approved. B. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Staff does not feel that the proposed addition of one parking space within an area that would otherwise be front yard will substantially alter the neighborhood, C. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The other properties in this neighborhood are already developed, The installation of the proposed driveway and parking space should not affect them. D. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed exception will not increase the population density or affect the use of municipal utilities. E. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The relocated driveway will improve ingress and egress as it will move the access from a more highly traveled collector street to a lower volume local street. F. Except for the specific regulation and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. This parcel will still be substandard in many respects. The lot is narrower than required in the RS-5 zone, and lacks the required square footage, The existing house does not meet the 20-foot front yard set back from Highland Avenue. However these are all legal nonconformities that are grandfather in, G. The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The Comprehensive Plan designates this area as appropriate for single-family residential. The proposed relocated driveway should enhance the residential use of this lot. STAFF RECOMMENDATION: Staff recommends that EXC04-00026, an application for a special exception to reduce the required front yard from 20 feet to 0 feet to allow the installation of a driveway and one parking space for property located at 1401 Ridge Street in the Low-Density Single-Family Residential (RS- 5) zone, be approved, subject to general conformance with the site plan submitted with the application. ATTACHMENTS: 1. Location Map 2. Application Documents Karin Franklin, Dire tor Department of Planning and Community Development 'XauV-~ Approved by: S:\lnterns\Urban Planning\EXC04-00018, 1906 G sl. I I CD 0 C\J 0 0 0 0 0 I 5: v 0 z 0 0 >< f-- W f-- ~ 0 I U1 - ~~/ lS 3~012:j IJ I ITIJJ ~ , w -- > I I <:( > I - ~I [ITIJ] ¡ ~ - t3 I- I 5: lS A VMOV02:j8 1- u Z - ~ I- I 0 f-- ~ f- 1- 0 I 1- U ~ ~ Q) 1- Q) J... jl>1nl ~ ~ (j) I Q) lS lN3JS32:jJ 0') t3 "0 I I a: w ,... > 0 l L <:( w v > at ,... <:( .. 0 Z 0 f- a 0 if) fh Þ-I 5: w ~ z cr:: 0 0 U f- LL rYI-. a f- w ~ 0 0 ..,. ~ u 1 J I .../ ~ Þ-I lS AJ2:jVn r.n -I \ I I---r- I , , , , , APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W E.xcLlY-+ - C!ø:JJ:l-0 DATE: PROPERTY PARCEL NO. lot Li ',s 300 L APPEAL PROPERTY ADDRESS: ß 0 \ (L¡ ~ Sty uz+ APPEAL PROPERTY ZONE: ~ APPEAL PROPERTY LOT SIZE: SO X to 3 APPLICANT: Name: _~ur\ e.. 1). !v\AL\£..Y Address: 'WIO ~ wut-¡ .1ò~Û1'1 Phone: 354- 0;'0(0 o'{ ,130 - lçt~ CONTACT PERSON: Name: SCU'TA. ð < Dw\V~l \ Address: ')-ÃJ \0 1<W1¿u.Lßrd-, ~Ct~ Phone: ~5L. - (¡'C:;(jp xl L) .,.c;: f" » -:. fVul\l.V --., PROPERTY OWNER:Name: N\ur\l. D. ,". f--- Address:1..ol0 \(Qo ~ £\v.œt. ~Ct~J . ~7 Phone: ~ ,. fn~olA );: -ll .¡;:- N Ç" Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose for special exception: ~ Date of previous application or appeal flied, if any: -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: ,Í\Ao.... ust (02.. 'h_ +~ of- Lot' 'I~ ì VI ~ <6 I ì '^ S;ti'\~~~ cAt Ä-rJJJ~CM .-tn 1ðWA Ctbq , To\Nû B. *Plot plan drawn to scale showing: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, Including the location and record owner of each property opposite or abutting the property In question; 6. Parking spaces and trees - existing and proposed. rSubmisslon of an 82" x 11" bold print plot plan is preferred.] C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. D. .1k£.. lYfSffYj olð. dv\v~ itS of s-fu.p ~ wdh {},f(~rÇ 1-roh'. .llirl\a.wi hO,.Aw.Q.., '~fÐsd th1v~ vJ\l ~a,\/L o.Lúr,f ~'fV'- "Uà ð.rj.... S1Y~ W~1A' ~ \I\À \ \ F Wv1 t:JL, ~ s~ p.,wfyìU'\ (.L ~ Ot~ & ~>1vu1- ì~ lilç ~v¡jd. ~ VttÁ.U.u~ ~~ o.x~w~ \!vi \l þL ~\t.., +0 tu VJ /À.\'\ gO -""to 4UUf 0 let fv\J).$\a...~1;yu.,.. The applicant is required to present spãbific information, nd\ just opini~, \hat~e general standards for the granting of a special exception (Section 14-~~2, ~ty Code), enumerated below, will be met: ..\-' :,,~ :~~ '''n C)' The specific proposed exception will not be detrimental to or eµ~~nger lhe (-"--1 public health, safety, comfort, or general welfare. ,-, ~ ' ' ::2~ ::.:=-: N ~; ( ~,)( (~~ OY\ '^^ 1 ~ fYD vì J.L ()., 51t-t-.w, VVlf)'Ý~ IA Çf~I?fi, 1. -- - ~o.J'\£.L,þ.L.t I~tl wi' U Y\-\Q1v\"~ * tM¥Vf.V\.,-+ w,t.I~¿., ff-fu., c.o~~.uu:~~vtÜufvi~ ~ Iv'vlplL 4vll.... -3- 2. The specific proposed exception will not be Injurious to the use and enjoyment of other property In the Immediate vicinity and will not substantially diminish and Impair property values In the neighborhood. ~la.ùV\j etM ~l/tD(o.:k~..I Did dv1v~ W~ lAAïL ì W'A/ øl.ì U/ ~ (M.;V' ~ uJ of {lItO í flit) ~ WW vh w\ t ~ W\u' d7lliA. CM-VV~ f~ valuLç í tJ\ .(.-w.- W Áj ~l)ý ~œI . 3. Establishment of the specific proposed exception will not Impede the normal and orderly development and Improvement of the surrounding property for uses permitted In the zone In which such property is located. .1k vt~ 1\~ V\I\ \ l aJÅDlAl -HM's ~\~~~~~VY\ÐtL I S o..s fÀ- ~~t. ~+õ y~ ih Vt5l J..t~' cJ u.>e. ./k J 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. ~ Fp05e.ð. tlviVtwMA, W\ \ hOt- ·¡'VI{u:faxt... ,^^·th (ALW.e.v-cr ~t\tS ((J,.CClSÇ YÐrAJ..~ \ Il.wi ð.,yaJV1O.~£". 5. Adequate measures have been or will be taken to provide Ingress or egress designed so as to minimize traffic congestion on public streets. S\ VVi'~U \ \Nt- vJ \ \ bif VL-IOLo.;KJ +w., c4ivPwap ~'J1' S1vpJ V\^lvúvW')L }?DWu. -kf-H£... (ffi'V:fl-kavt rJv... o ~~O .~J.."'''' ..,_".._~ ~' '::.~,,:) c:,:;) - o G - -ll .¡:- ,Tl .--, <..J N .¡:- -4- 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, In all other respects, conforms to the applicable regulations or standards of the zone In which It Is to be located. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided In City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Section 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] .J:ð- is (]'wú{ \A.,~~~ ~ W~ (J.JfO (~YV\1Ã~ \N\'~ _~ Ytfd ~0YLS flxv,\ S+ruv.lanb of ~ '2O\\Q... 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. ~ V\OLÃI tLÄ\fD1Afll11 Wvlt ~ t\AflÀY\;fa.iM, ~~ as ("S1W~ a ~cl ~ pYLW~OV\ of vÃ.U ~ VIt\D..iA~ .-Y1,,~/ YV.4j h.kov'\tìÐod pWì~ .uœ, 1itL 1YQL Q~OSfIl101I... . E. r,,) o ~;:; ..:-:::.- x- -~o C) List the names and mailing addresses of the record owners of all prã=peity Ic[~ted-r¡ within 300 feet of the exterior limits of the property Involved in this app1)är~ - ...- =:::¡ (" ..¡:- ADDRESS ~< h C-r! C-) :::~ - \~j B03 (2{~ SfØ ~ JU~ ~L 5ivuf.ç:- . -.J \0'-+ ~~hAW ~ J \O~ l~o.JJ\J Av~ -11 \0 ,+'~ ÑU/IJ.AL J \ \ 4 ~laXl& fNOJ.AW./ ì ~ \r\.{MtÍ AvO;\)JL NAME ~f\ fV\. H-o\~f ph€K1- i (jJ Y7J. fÜ s-W - ~ \tJ~lL ~~~~ ÐwQÄ'"' OvV\' LI¿ ~ tv v..~() vi GL ~"'(».. M. fVV'~ # Wo\ A. ~ SUç(Lh D # N-o~ -5- NOTE: Conditions. In permitting a special exception, the Board may Impose appropriate conditions and safeguards, Including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, Improved traffic circulation requirements, highway access restrictions, Increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and Intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision Is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion In accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorarI. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision Is illegal, In whole or In part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision In the office of the City Clerk. Date: ð(k.beY ILl ,20Œ- ~. QIDðl1Vliil Signature(s) of Appllcant(s) Date: ,20_ Slgnature(s) of Property Owner(s) If Different than Appllcant(s) ppdadmln\appboase.doc -¡ Il .r:- \:'J -,~~,.. .....;jj¡:>o ¡-';I : I ....-......, \"j Ñ .ç:- t ¡ ,- - - -'1 ~ 3~ - - - Î ¡ I I , I I I I I t I [ 12 1),,/\-, l' h( 'M-L /." '~",'"j,',)7 í /7,,/ 1/1,/ ¡¡Ií1: i ", I I, ¡ I / I I i I / // , ,il I At dDV\ 1/~-Vlf~Lll/ ;/1 ,', /' Ii 111 / ,/ / LII' / / J I; ¡II I I, /1//1/// 9 »/ / I i /I~/' //<~ «l~: I / I / , _ _/ _ ,_ _ J' _ .../ _ _ i - - - 16' 1/' , , ¡o'Y" I 31 \.! ¡ ~~~~,)_ _5~~~_ ~~I . :3' 10· .... ¡ I VYOfOS'cd fJ r ¡If V'J£ll\ ~ ,ç.:¿-" . - /0' -- 14 8 15 B FR (MAIN) [698] 6 3 8 26 [Qn,(n-t siDOr ~; {¡1 (VJ J. ¡ \,', LII 10' Q oor.::;....>r\ j;-; =; V;;' ......~...' "-'''''''i () .¡:- f'0 .. ~ - ~i ðeWotl \L- -,._-">"..._.....>...._..""'..<<<,'-_....."_#'~ '.-~'" (2.¡ dg c- S'+V CQ.t ~ .. :> j -c V. ~ ..... Q) < ~ s.:. c::S :2 ~ :± -..,.-, ~ I :Tl "-1 1,,_J C) c: -- 0.. 0.. ca ~ ~ -- ü ca ~ o - '+- o ~ -- ü li II JlU ~ ë:> ,... =11 ,... Q) 16 o en STAFF REPORT To: Board of Adjustment Prepared by: John Yapp Item: APL04-00004 130 N Dubuque Street Date: October 13, 2004 GENERAL INFORMATION: Applicant: Wesley Foundation 120 N Dubuque Street Iowa City, IA 52245 Applicant's Contact Person and Attorney: Bob Downer 122 S Linn Street Iowa City, IA 52240 Phone: 338-1179 Requested Action: Appeal a decision of the Building Official regarding the nonconforming use provision Purpose: To reestablish an auto and truck oriented use (repair garage) on the property Location: 130 N Dubuque Street Size: 6,000 square feet Existing Land Use and Zoning: Vacant; CB-5 Surrounding Land Use and Zoning: North: Gas and convenience store; CB-2 Wesley Foundation; CB-5 Commercial; CB-5 Religious Institution; PRM South: East: West: Comprehensive Plan: Mixed-use File Date: September 24, 2004 BACKGROUND INFORMATION: The applicant, the Wesley Foundation, has submitted an appeal of a decision of the Building Official regarding the reestablishment of a non-conforming use, The application was initially made for a variance to allow an auto-oriented use in the CB-5 zone, and was subsequently converted to an appeal of a decision of the Building Official. On September 17, 2004 the building department denied a building permit related to the reestablishment of a repair garage on the property. The repair garage business that previously occupied the property (Johnson's U:\special exceptions\appeal 130 dubuque street.doc 2 Auto) ceased operating at this location approximately 18 months ago, and had moved from this property by the time it was rezoned from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, In 2003, the property was rezoned from CB-2 to CB-5 at the request of a local realtor and the property owner. Representations were made in the rezoning application that the request for the rezoning was to enable the property to be developed with a mixed-use commercial/residential building on the property, The CB-5 zone is more conducive to mixed- use development due to lower parking requirements, no setback requirements, and higher allowable building density, As part of the rezoning analysis, city staff recommended the entire block be rezoned from CB-2 to CB-5, due to the CB-5 zone being more in conformance with the Comprehensive Plan for this area, which encourages mixed-use, pedestrian-oriented development. The rezoning to CB-5 was approved by the City Council on May 20, 2003. After the property was rezoned, the Wesley Foundation leased the property. It is their long- range plan to, according to the application materials, develop and utilize the properties on the west side of the block (including the Wesley Foundation and United Methodist Church) as a cohesive unit. In the short-term, however, they wish to sub-lease the property to an auto-repair business. Auto-and-truck oriented uses are not permitted in the CB-5 zone, and the non- conforming use status for an auto-and-truck oriented use on this property expired on May 20, 2004, one year after it was rezoned, ANAL YSIS: The purpose of the Zoning Code is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Zoning Code to permit the full use of property in a manner that does not intrude upon adjacent property. Section 14-6W-2A of the Zoning Code grants the Board of Adjustment the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Manager or designee in the enforcement of the Zoning Chapter or any ordinance adopted pursuant thereto, In this case the applicant is appealing the determination of the Building Official that the auto-and-truck oriented use cannot be reestablished because it has ceased for more than one year, and has, therefore, been discontinued as a non-conforming use of this property, The issue for the Board of Adjustment is whether the Building Official erred in making this determination, In making his determination, the Building Official relied on City Code Section 14-6T-3D Discontinuance of Nonconforming Use, which states "A lot or portion of a lot devoted to a nonconforming use which is discontinued for a period of one year shall revert to a conforming use." Since the auto-and-truck oriented use ceased operating more than one year ago, it is clear that the Building Official did not err in making this decision. The applicant makes two arguments in support of their appeal. First, the applicant denies that the nonconforming use of an auto-and-truck oriented use has been discontinued, and that said use may be continued by a new tenant. Staff finds that while an auto-repair business may occupy the existing building on the property, there is a distinction between the building and the U:Ispecial exceptionslappeal130 dubuque street.doc 3 use within the building. While non-conforming buildings may be permitted to remain under City Code, a non-conforming use may not be reestablished if it has ceased for more than one year. This is to encourage redevelopment of properties such that they conform to the zone in which the property is located, An argument the applicant makes [in their variance application] is that they are "stymied" by restrictions as a religious institution by not being able to lease the property to businesses that generate income from alcohol, tobacco or gambling, Intent of the cB·5 Zone The CB-5, Central Business Support Zone, is intended to allow for the expansion of the Central Business District of Iowa City, and to enhance the pedestrian orientation of the central area of the City. The CB-5 Zone is intended to accommodate mixed land uses. Permitted uses include a range of retail establishments, restaurants (including carry-out restaurants), offices, and personal service businesses. There are a wide range of uses that could occupy the property that do not involve the sale of alcohol or tobacco. Part of the rationale for rezoning the property to CB-5 18 months ago was that the CB-5 zone had less stringent parking requirements, and more area of this relatively small (6,000 square feet) lot could be utilized for a building, than under the CB-2 Zone, In other words, the lot may be utilized more fully under the CB-5 zone. There are many examples of old service station structures in other cities as well as in Iowa City being used for uses like restaurants or offices, that do not rely on income generated from alcohol, tobacco or gambling. Some examples/photos of converted service station structures are attached. The intent of the non-conforming use provisions is to phase-out uses that are no longer appropriate or compatible with the zone in which they are located. In this case, the property was rezoned (at the property owners request) which made the auto repair use non- conforming, Allowing an auto-and-truck oriented use on the property would be contrary to the rezoning decision made by the Planning and Zoning Commission and the City Council. The applicant makes the statement that an auto repair business fits into the neighborhood because there is a gas station/convenience store across the street. While there is a gas station/convenience store on the property across Market Street, it is in the CB-2, Central Business Service Zone, a zone that allows such uses. Other uses in this area include video rental, ice cream, pizza, and book sales, a Laundromat, restaurants and other retail uses, The CB-5 zone is intended for the expansion of the Central Business District and allows a wide range of retail and personal service uses, FINDINGS: Staff finds that: The property at 130 N Dubuque Street was rezoned from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone, on May 20, 2003. The previous auto repair business that occupied this property had relocated to 315 E. Benton Street by the time the property at 130 N Dubuque Street was rezoned to CB-5 on May 20 2003. The property has been unoccupied by a business for a period of approximately 18 months, U:\special exceptions\appeal130 dubuque street.doc 4 The CB-5 Zone is intended for the expansion of the Central Business District, and accommodates a wide range of retail, office and personal service uses, The applicant acquired a lease interest in the property with knowledge of the CB-5 zoning requirements that apply to the property. The non-conforming use provision of the City Code states that once a non-conforming use has been discontinued for a period of more than one year, the property shall revert to a conforming use. CONCLUSION: Based on the above findings, staff concludes that the Building Official correctly applied City Code Section 14-6T-3D Discontinuance of Nonconforming Use, which states "A lot or portion of a lot devoted to a nonconforming use which is discontinued for a period of one year shall revert to a conforming use." STAFF RECOMMENDATION: Staff recommends APL04-00004, an appeal of the Building Officials decision to deny a building permit application on the basis that the use of the premises of an automobile repair facility has been abandoned for approximately 18 months, be denied, and the Building Officials determination be upheld. . 1 . Location map 2. Application materials 3. Photos of service station structures that have been reused Approved by: U:\speciaJ exceptions\appeal 130 dubuque street.doc 5 Service station converted to Bar-B-Que restaurant in Virginia Service station converted to insurance office in New York State Service station converted to coffee ship in Wisconsin U:Ispecial exceptionslappeal130 dubuque street.doc Former service station at Linn Street / Burlington Street, Iowa City of Iowa City Former service station at Dodge Street / Iowa Avenue, Iowa City U:\special exceptions\appeal130 dubuque street.doc ~ COLJ [[8 LJ U~wr~V/N' ~ mar' /~ //\( / ~~~. 0 ---- /1/ / ~I/~~ ~. 0 I ;;: ~ 0 .Y/ ///' / 0 ,... I H '} ~ O~~ :æ .? ~ I 0 ./ ...J O~'Q - v - t a.. ~ I ,.,. « Q) en I~d ìR Î\I\-f ^ ( -a I- ~ a J=~ =c -ll J- r. /- 0 -" ~ I- ~ .., "'-- ü ~ CJ ~ - Q 2' rr- 1 0 ~ 0 I I I I I ~ , r::; C rn IS d38ll~ J ~ CJ / (-- s I --11 ..-.. . -y¡ L ~ 1- 7 lI) '-"I I- .... If) ~ m l- I w yo ~ » ~ III , 0::: « D. t3 '"" 2' ~ IS NNll ~ I QId ill I ~ l- I - If) Lt) If) z z 0 ~ 0 W I- W If) > Ü 0::: « z +-' w « III ::r: <D ~ I ' ~ w 5: \ <D ~ w I w 0 ~ J +-' -.-.. IS 3non8no C/) I í5 I ~ 115= <D ~ - ./ ::¡ ,., 1 0- - ::¡ ~.. t3 ...... ..Q if u ¡.,. n ,-- ::¡ C DThl 0 I . I . z r- 'r' ~~ , ~ 0 CI) ,.- y- J . . z 8- >-- V f--..-~ 0 (7):s: 1-1 ~ œS2 - - U ~lL. 0 ~CJ ~ ::J ~ - ~ 1-1 en ROBERT N. DOWNER JAMES D. McCARRAGHER MARK T, HAMER THOMAS D. HOBART MARGARETT. LAINSON DOUGLAS D. RUPPERT TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A. MEARDON DENNIS J. MrrCHELL DAVID J. BRIGHT PETER J. GARDNER MEARDON, SUEPPEL & DOWNER P.L.C. LAWYERS 122 SOUTH LINN STREET iELEPHONE: (319) 338-9222 fAX: (319) 338"7250 IOWA CrTY. IOWA 52240 -1830 WWW.MEARDONLAW.COM WILLIAM L. MEARDON ( I 9 I 9- I 997) OF COUNSEL: WILLIAM F, SUEPPEL JEAN BARTLEY September 24, 2004 BOARD OF ADJUSTMENT CITY OF lOW A CITY 410 E WASHINGTON lOW A CITY IA 52240 Re: Wesley Foundation Ladies and Gentlemen: Wesley Foundation has recently filed a Request for Variance covering the property at 130 North Dubuque Street, Iowa City, Iowa, pursuant to the provisions of Section 14-6W-2.C. of the City Code of the City of Iowa City, Iowa. The undersigned, as attorney for the Wesley Foundation and with its authorization, is asking that said Application for Variance be converted to an appeal of the denial by the building official of a building permit application on September 17, 2004, on the basis that the use of said premises as an automobile repair facility had been abandoned for a year and a half. Wesley Foundation denies that the nonconforming use of an auto and truck oriented use had been abandoned, and submits that said usage could be continued on said premises by a new tenant. Attached is a listing of the parcel numbers, mailing names and addresses and property addresses of all properties located within 300 feet of the subject property. RND /bjf Enclosure VA~-ert1Nß APPEAL TO THE BOARD OF ADJUSTMENT VARIANCE Title 14, Chapter 6, Article W DATE: September 16,2004 PROPERTY PARCEL NO. 1010307003 APPEAL PROPERTY ADDRESS: 130 N. Dubuque Street, 52245 APPEALPROPERTYZONE:CB-5 APPEAL PROPERTY LOT SIZE: 6,000 sq./t. APPLICANT: Name: Wesley Foundation Address: 120 N. Dubuque St, 52245 Phone: 319.338.1179 CONTACT PERSON: Name: Bob Downer 0 :? C") Address: 122 S. Linn St, 52240 » :? "....... ~- - .- r-... Phone: 319.338.9222 - ..... .I --( ~ , ,--r-, ;:::: . J ¡ :JJ ~ ^ PROPERTY OWNER: Name: Pat Lenoch Address: 3347 Hanover Ct, 52245 Phone: 319.338.3952 Specific requested variance; applicable section(s) of the Zoning Chapter: To allow an auto oriented business in 4-6E-7 Central Business Support Zone (CB-5) and includes permitted uses .~ r.:::::;:::' = V') ¡-r¡ 11 -0 ..- 0"'\ ! -0 m :F; r-, '.....J - ... .. 0 .ç:- Reason for variance request: We seek to continue to allow an auto oriented business at 130 N. Dubuque while the Wesley Foundation works to develop the property with our other two properties as a cohesive facility. Date of previous application or appeal filed, if any: Appliedfor Building Permit 8/912004. INFORMATION TO BE PROVIDED BY APPLICANT: A. LeQal descriction of property: THE NORTH HALF OF LOT 4IN BLOCK 67 IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT RECORD 1, PAGE 116. B. *Plot clan drawn to scale showing: o :2:0 »-! -(~ C) '.. ~-'! ,-,- --i \... .i ./ ,-- ~ ~--. ì \! O;;~ -/-... <: » r--j = ,~ ,.¡;;:- C/) 1'Tl \J --n 1. Lot with dimensions; 2, North point and scale; 3. Existing and proposed structures with distances from property lines; 4, Abutting streets and alleys; 5. Land uses on and property owners of abutting lots; and 6. Parking spaces and trees - existing and proposed. '" ,.......- I \-n ,.-, u "'U ::¡¡,:: .r:- o .Ç" [*Submission of an 8" x 11" bold print plot plan is prefeffed.] C, List of property owners within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS Julie Hodge, Mike Hodge, Key Properties Ltd. 711 S. Gilbert, 52240 Parkhouse LC 711 S. Gilbert, 52240 First English Lutheran (Gloria Dei) 121 N. Dubuque, 52245 Iowa Bnai Brith HiUel 122 E. Market, 52245 Nordstrom Oil (Handimart) PO Box 66, Cedar Rapids, IA 52406 First United Methodist Church 214 E. Jefferson, 52245 SL Mary's Catholic Church 220 E. Jefferson, 52245 HCB Properties LC 711 S. Gilbert, 52240 Melinda MiUer 525 Emerald Street, 52246 APPLICANT'S JUSTIFICATION: Section 14-6W-2C of the Iowa City Zoning Chapter gives the Board of Adjustment power to authorize upon appeal in specific cases such variances from the terms of the Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Chapter will result in unnecessary hardship and so the spirit of the ordinance shall be observed and substantial justice done. No variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: (emphasis added) (Please respond specifically to each of the following, explaining your answers.) Not contrary to the Dublic interest. a. Explain why the proposed variance will not threaten neighborhood integrity, or have a substantially adverse effect on the use or value of other properties in the area adjacent to the property included in the variance. Planned use is the same as has been at this site since 1920 with the most recent occupant being Johnson's Auto. With a convenience store across the street, auto-oriented business fits this neighborhood. 2. b. Explain why the proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter, and not contravene the objectives of the Comprehensive Plan. The buüding use permitted under current zoning has made it difficult to get a renter to utilize the properly. Wesley Foundation seeks to sub-lease the properly, developing cashflow..J1!hile ~ working on a cohesive plan to develop the properly in conjunction with 213 E. Marketfiììd 120 ~ N. Dubuque that will comply with the goals of the Comprehensive Plan. :2: 0 t/) »~ ~ f"' -< '- ) :::: (ì 0'\ :<c: ¡ j I -0 UnneCeSSary hardshiD. 02! :3: ~/'- .r;;- a. Explain why the property in question cannot yield a reasonable return if ùšèd onl~ for a purpose allowed in the zone where the property is located. rn ,'--' U 11 The current size of building and properly and the restrictions as a religious organization in receiving income from alcohol, tobacco or gambling sales has made it nearly impossible to sub-lease to a business permitted under CB-5 zoning. We have had many inquiries into sub-leasing the current structure and properly without the ability to secure an agreement. b. Explain how the owner's situation is unique or peculiar to the property in question, and the situation not shared with other landowners in the area or due to general conditions in the neighborhood. The United Methodist Church basically owns the West Halfofthis block exceptfor 130 N. Dubuque. The ability to lease with an option to buy 130 N. Dubuque presents an opportunity to develop all of the properly on the West half of the block as a cohesive unit. Because of the voluntary nature of religious institutions, several years are needed to fund-raise and develop a plan that will add value and beauty to the neighborhood. This properly needs to cash-flow itself, while that plan is developed. c. Explain how the hardship is not of the landowner's or applicant's own making or that of a predecessor in title. The previous business vacated the properly seven (7) before the Wesley Foundation was able to lease the properly. We began to seek tenants to sub-lease the properly immediately but were stymied by restrictions to who we could get as a tenant because of income generated from alcohol, tobacco or gambling sales being prohibitive. In the mean time, the nonconforming use period ended before finding a tenant willing to sub-lease the properly and structure. NOTE: Conditions. In permitting a variance, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances, upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2C3, City Code). Orders; Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code) Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code.) Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: September 16 2004 '- , !' Oœ& ûÍ1a~ llJJ5 ~~ 11 )'Qr<-. J,jecr~- Signatu (s) of Applicant(s) ~~Q·ci~-Á Date: September 16 2004 '- Signature(s) of Property Owner(s) if Different than Applicant( s) ppdadminlapboavarpkt,pdf 10/2/03 ~...., 0 c::::.. = >0 ..L.- ~-..' .. C/) p- M -..j -'J -n ,-.... ..-< ...... j ,--- =.ï C) 0"\ ! .:-< r~ fll r"'r¡ v --r-, :x ¡---, o ::;'0:. U ~'^' .c- » a .c- October 13, 2004 To: Iowa City Board of Adjustment From: Linda Johnson <-~'¡Dh /1ÖVvV 166 Shrader Road I Iowa City, IA 52245 Re: Appeal APL04-00004 I find it interesting and a bit odd that the property owner and the current lease holder of the property at 130 N. Dubuque Street are requesting an appeal of the CB-5 zoning to allow an auto and truck oriented business at that location. I find it especially odd since the original rezoning application was pursed with such intensity and resolve by the property owner and a realtor working with the property owner to convert said property to a project "more in keeping with the City's vision of a gateway street presence", My name is Linda Johnson; my husband is Dwayne Johnson, owner of Johnson's Auto Service. From February 1, 1995 through January 31,2003 he operated his business at 130 N, Dubuque Street. On December 16, 2002 he received a letter from the property owner's attorney which stated his lease "will expire and terminate at the end of the day on January 31,2003" and that "the undersigned Landlord intends to have the property re-zoned for multi-family purposes and to permit the construction of an apartment building thereon." The application for rezoning was submitted on December 1 0, 2002 and subsequently approved. To bad for the realtor and property owner that the proposed deal for construction of an apartment building did not materialize and an alternative solution had to be sought. Enter the Wesley Foundation, Surely the officials ofthat Foundation did not blindly enter a lease agreement without being advised and knowing beforehand 1) of their restrictions as a religious institution or 2) the CB-5 zoning status and regulations that applied, I do not understand how the appeal supports the fact that the auto and truck oriented use has not been discontinued. Johnson's Auto exited the property on January 31, 2003. Since that time the business location has appeared abandoned and unsightly. So here we go from being CB-2 to wanting to be CB-5 back to wanting to be CB-2, It seems "flip-flop" doesn't apply only to the current Presidential campaign. I hope the Board of Adjustment isn't caught up in the same and that Appeal APL04-00004 is denied, The fact that it is "difficult to get a renter" or that "several years are needed to fund-raise" or that "This property needs to cash-flow itself..." are not problems for the Board of Adjustment to solve, City of Iowa City MEMORANDUM Date: November 5, 2004 To: Board of Adjustment From: John Yapp, Associate Planner ~y~ Re: EXC04-00022 637 Foster Road Attached are materials forwarded to us from Selective Sites Consultants, who are acting on behalf of Verizon Wireless. At your October 13 meeting, on a 2-2 vote, the special exception application for a telecommunications tower at 637 Foster Road was denied for failure to garner three votes for approval as required by Iowa law. Since that meeting, the applicant has obtained new information, specifically, a determination from the Federal Aviation Administration (FAA) that the proposed tower will not need to be lighted or marked, The applicant has also offered, in the attached letter, to reduce the height of the tower, The applicant is requesting that the Board reconsider your October 13 vote on this issue. At your November 10 meeting, you may vote to reconsider the issue and place it on the next meeting agenda. However, the Board should refrain from discussing the merits or substance of the specific application due to public notice and open meetings requirements. Your discussion should be strictly limited to whether you wish to reconsider the October 13 vote based on new information from the applicant. The motion to reconsider must come from the 'prevailing side' of the October 13 vote, and in this case, the motion must come from one of the Board members voting against the initial special exception request (Leigh or Alexander). It is my understanding that Alexander will be absent at this meeting, so the motion for reconsideration must come from Karen Leigh, If no motion is forthcoming, a majority of the Board could then vote to suspend Robert's Rules regarding reconsideration, thereby allowing any member to move for reconsideration, If no such motions are made or passed, the Board will not reconsider the application and the prior decision will stand. If the Board does vote to reconsider this special exception application, the reconsideration will occur at the December 8 meeting, and staff will notify all property owners within 300 feet and publish notice of the application as per normal notification procedures, -- >:~ ':. ;.t ~ ~ ~ ~. , SELECTIVE SITE CONSULTANTS, INC. A Site Acquisition, Engineering, and Construction Quality Assurance Company November I, 2004 VIA FACSIMILE ((319) Mr. Robert Miklo Senior Planner City of Iowa City Department of Planning and Community Development 410 East Washington Street Iowa City, Iowa 52240 RE: EXC04-00022 - Special Exception Application for communication tower at 637 Foster Road, Iowa City, Iowa 52245 Dear Mr. Miklo: I am writing in follow-up to our meeting on Thursday morning, October 14, in regard to the above application, which received a 2-2 vote by the Iowa City Board of Adjustment on the evening of October 13,2004. In our meeting, you indicated that the Board might be willing to reconsider its vote if new evidence was submitted indicating that no lighting scheme would be required on the tower, Verizon Wireless has retained an airspace consultant, and the consultant has determined that no lighting or marking will be required. The consultant's findings are attached to this letter for your review and were provided to John Yapp last week by e-mai I. The consultant's findings are based upon a tower height of 140', which represents a revised tower height of 130' (down from 150') and a 10' lightning rod, The revised height accommodates Verizon Wireless' RF engineering needs and will continue to allow collocation by two additional carriers at 120' and 110' (or lower) antenna centerlines, We have modified the tower's height in order to further reduce the visual impact of the tower on the properties to the South in the hope that this will provide further justification for the Board to reconsider the matter, since the main objection appears to have been the visual appearance of the tower. With the submission of this letter, we request that the Board reconsider its decision of October 13,2004, You also advised that the Board's final decision would be issued in writing pursuant to Section 14-6W-3 of the City of Iowa City Zoning Ordinance, It is my understanding that you were going to speak with Sarah Holecek, the Assistant City Attorney, regarding the timeframe for issuance of the written decision, which will trigger the time in which Verizon Wireless can appeal the Board's decision to the appropriate court. If you could advise us of how the City intends to proceed with issuance of the decision, I would appreciate it. Trevor Wood November 1,2004 Page 2 Cc: Nancy Fulks, Verizon Wireless Andrew G. Edwards, Verizon Wireless Velton Viles, Selective Site Consultants, lnc, Cheri Hardee, Selective Site Consultants, Inc. Sarah Holocek, Assistant City Attorney John Yapp, Associate Planner Sincerely, -:f~W~ J, Trevor Wood Federal Airways & Airspace 1423 South Patrick Drive Satellite Beach, FL 32937-1026 Phone: 321-777-1266 Fax: 321-777-8595 e-mail to:Airspace@AirspaceUSA.com October 15, 2004 Ref: 2004-FAA-262-CN Selective Sites Attn: Cheri Hardee 8500 W 11 Oth St, Suite 300 Overland Park, KS 66210 Proposal: Antenna Tower Lat: N41°-40'-43.66" Lon: W91°-32'-52.86" Height: 140 ft AGL 878 ft AMSL Subject: Airspace Analysis: 2004-FAA-0170-0E Site Name: UnderDog Dear Ms, Hardee, We have completed our analysis of your proposed communications tower, The subject tower exceeds FAR Part 77.13 Notice Criteria and will require notification to the FAA. Our analysis did not discover any mitigating aviation factors that will prevent construction at the requested height. The proposed structure is located within the Conical Surface, FAR 77,25(b), for Iowa City Municipal (lOW), The height of the conical surface for lOW at the specified location is 940 feet AMSL. The proposed height is 62 feet below this surface. Any height exceeding the conical surface will receive a "Presumed Hazard" from the FAA, However, the maximum height the FAA is likely to permit at the requested location is 1113 feet AMSL. This is based upon the specified 250 feet per nautical mile departure climb gradient for Runway 36. Marking and lighting are not reauired at the proposed heiaht. The controlling obstacle (trees) for this area only permit a clear 24:1 slope to Runway 18. The proposed structure is below the controlling obstacle slope by 374 feet. The proposed site is located 1,002 meters from AM radio station KXIC. Proof-of- Performance study is required, If you have any questions, please call; (321) 777-1266, n, Aerospace Engineer lmj / enclosure 1423 S. Patrick Drive, Satellite Beach, FL 32937; Phone: 321-777-1266; Fax 321-777-8595; E-mail: Airspace@AirspaceUSA.com ******************************************** * Federal Airways & Airspace * * Summary Report * ******************************************** File: UNDERDOG Location: Iowa City, IA Distance: 1.6 Statute Miles Direction: 154° (true bearing) Latitude: 41°-40'-43,66" Longitude: 091°-32'-52.86" SITE ELEVATION AMSL......738 ft. STRUCTURE HEIGHT.........140 ft. OVERALL HEIGHT AMSL..,...878 ft. NOTICE CRITERIA FAR 77. 13 (a) (1): NNR (ONE 200 ft AGL) FAR 77.13 (a) (2): NR (Exceeds Runway Slope, Maximum: 780 ft.) FAR 77.13 (a) (3): NNR (Not a Traverse Way) FAR 77.13 (a) (4): PNR (Circling Approach Area) FAR 77.13(a) (4): PNR (Straight-In Procedure. Possible TERPS® impact. lOW) FAR 77.13(a) (4): NNR (No Expected TERPS® impact CID) FAR 77.13(a) (5): NNR (Off Airport Construction) NR Notice Required NNR Notice Not Required PNR Possible Notice Required OBSTRUCTION STANDARDS FAR 77. 23 (a) (1): ONE 500 ft AGL FAR 77.23 (a) (2): ONE - Airport Surface FAR 77.25(a): ONE - Horizontal Surface FAR 77.25(b): ONE - Conical Surface FAR 77.25(c): ONE - Approach Surface FAR 77.25(d): ONE - Transitional Surface FAR 77.25(e): ONE - Primary Surface VFR TRAFFIC PATTERN AIRSPACE FOR: lOW: IOWA CITY MUNI Type: AIR RD: 12649 RB: 178.24 RE: 654 FAR 77. 23 (a) (1) : ONE FAR 77.23(a) (2): ONE - Height Less Than 200 feet AGL. VFR Horizontal Surface: ONE VFR Conical Surface: ONE VFR Approach Slope: ONE VFR Transitional Slope: ONE The structure is within VFR - Traffic Pattern Airspace Climb/Descent Area. Structures exceeding the greater of 350' AGL, 77.23(a) (2), or VFR horizontal and conical surfaces will receive a hazard determination from the FAA. Maximum AMSL of Climb/Descent Area is 1018 feet. VFR TRAFFIC PATTERN AIRSPACE FOR: CID: THE EASTERN IOWA Type: AIR RD: 83782 RB: 329.45 RE: 847 FAR 77.23(a)(1): DNE FAR 77.23 (a) (2): DNE - Greater Than 6 NM. VFR Horizontal Surface: DNE VFR Conical Surface: DNE VFR Approach Slope: DNE VFR Transitional Slope: DNE MINIMUM OBSTACLE CLEARANCE ALTITUDE (MOCA) FAR 77.23(a) (4) MOCA Altitude Enroute Criteria The Maximum Height Permitted is 2691ft AMSL PRIVATE LANDING FACILITIES FACIL IDENT TYP NAME ----------------------------- BEARING DISTANCE DELTA ARP To FACIL IN N.M. ELEVATION -------- -------- --------- 253.89 2.441 +88 IA92 HEL UNIVERSITY OF IOWA HOSPITALS & No Impact to Private Landing Facility Structure is beyond notice limit by 9832 feet. IA16 AIR PICAYUNE No Impact to Private Landing Facility. DNE 200 ft AGL within 3 NM of Airport. 50.49 2.787 +78 AIR NAVIGATION ELECTRONIC FACILITIES No Electronic Facilities Are Within 25,000 ft FCC AM PROOF-OF-PERFORMANCE REQUIRED: Structure is near a FCC licensed AM radio station Proof-of-Performance is required. Please review AM Station Report for details. Nearest AM Station: KXIC @ 1002 meters. Airspace® Summary Version 10.0.28 AIRSPACE® and TERPS® are registered ® trademarks of Federal Airways & Airspace® Copyright © 1989 - 2004 10-14-2004 16:28:23 '<t o o N Lõ .... Õ .... Qi ñí Q ~ CD 0 0 a:::: ill 0 Z ::> oð ill a:::: ::> f- a:::: « ~ CL ill 0 CD (") ~ a:::: Z ::> ~ ç ü <.:: ~ 0 ~ º ~ .. ~ ~ " co ... r! ë( oil ., ... ~ ë( 1! " "" " u. ~