HomeMy WebLinkAbout12-08-2021 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, December 8, 2021 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC21-0016: An application submitted by Clay Claussen requesting a reduction to
the front building setback from Crestview Avenue to construct a carport and widen
the driveway at 504 Upland Avenue.
4. Consideration of Meeting Minutes: October 13, 2021
5. Adjournment
If you need disability -related accommodations in order to participate in this meeting, please contact
Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early requests
are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: January 12 / February 9 / March 9
Informal: Scheduled as needed.
December 8, 2021
Board of Adjustment Meeting
EXC21-0016
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
To: Board of Adjustment
Item: EXC21-0016
Parcel Number: 1013226035
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
STAFF REPORT
Prepared by: Kirk Lehmann, Associate Planner
Date: December 8. 2021
Clay Claussen
27 Green Mountain Drive
Iowa City, IA 52245
Clay Claussen
27 Green Mountain Drive
Iowa City, IA 52245
clayclaussen@gmail.com
Heather & Victoria Claussen
504 Upland Avenue
Iowa City, IA 52245
Adjustment to the front setback requirement
To allow the construction of covered and uncovered
parking spaces
504 Upland Avenue
9,315 square feet
1
Existing Land Use and Zoning:
Surrounding Land Use North:
and Zoning East:
South:
West:
Applicable Code Sections:
File Date:
BACKGROUND:
Residential; Low Density Single Family Residential (RS-5)
Residential; Low Density Single Family Residential (RS-5)
Residential; Low Density Single Family Residential (RS-5)
Residential; Low Density Single Family Residential (RS-5)
Residential; Low Density Single Family Residential (RS-5)
14-413-3A: General Approval Criteria
14-4C-3B-4: Adjustments to Setback Requirements
October 27, 2021
The applicant, Clay Claussen, is requesting a setback reduction at 504 Upland Avenue to allow the
construction of a carport attached to the north side of the garage and to widen the driveway (See
Attachment 4). There are two existing off-street parking spaces on the subject property, one on the
driveway and one in the garage. The proposed project would result in a total of four off-street parking
spaces.
The subject property is a single-family home on a corner lot, so it must comply with minimum front
setback requirements on both Upland Avenue to the west and Crestview Avenue to the north. As
an attached accessory use, the garage must comply with the setback requirements of the principal
building, must meet the single-family site development standards, and must be at least 25 feet from
the lot line that its entrance faces.
The subject property is zoned Low Density Single Family Residential (RS-5), which typically
requires a minimum front setback of 15 feet. However, the property is subject to setback averaging
because at least 50 percent of developed lots along Crestview Avenue have buildings located at
least 5 feet further from the street than the required front setback. As a result, the setback of the
building closest to the street becomes the new minimum front setback, which is 30 feet for Crestview
Avenue. The requested special exception would reduce the front setback on Crestview Avenue
from 30 feet to 20 feet, which would allow the project to proceed as proposed.
ANALYSIS:
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 the
requested special exception if the requested action is found to be in accordance with the specific
criteria included in Section 144C-3134b, pertaining to adjustments to accessory building setbacks
requiring special exceptions, as well as the general approval criteria in Section 14-413-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding the
criteria are in the attached application. Staff comments regarding each criterion are set below.
Specific Standards: 144C-313-4b: Adjustments to Setback Requirements:
(1) The situation is peculiar to the property in question.
FINDINGS:
• The subject property is on a corner lot, so it must comply with minimum front setbacks
to the north and west.
• More than 50 percent of developed lots on Crestview Avenue to the north have
principal buildings set back at least 5 feet further from the street than is required, so
the setback of the building closest to the street becomes the new minimum front
setback, increasing the north front setback to 30 feet instead of 15 feet.
• Front setbacks for other nearby corner lots are also subject to setback averaging, but
they have lower minimum front setbacks, ranging from approximately 21 to 28 feet.
(2) There is practical difficulty in complying with the setback requirements.
FINDINGS:
• Parking could be added by rotating the garage so that access is provided from
Crestview Avenue, but that would require removing the existing driveway on Upland
Avenue, adding a new driveway on Crestview Avenue, demolishing the existing
garage, and building a new garage that would extend into the rear yard.
• Parking could be added by providing parking south of the house, but that would require
removing a mature tree and other complications such as splitting the property's parking
or infringing on the setback to the south.
• Expanding the existing driveway and an attached carport is a more practical option.
(3) Granting the exception will not be contrary to the purpose of the setback
regulations.
FINDINGS:
• The proposed carport would be at least 23 feet from the north property line, which is
greater than the standard minimum front setback requirement of 15 feet, and it would
meet minimum side setback requirements of 5 feet.
• Because the proposed reduction is greater than the standard minimum front setback
requirement, it maintains light, air separation for fire protection, and access for
firefighting; provides opportunities for privacy between dwellings; promotes a
reasonable physical relationship between buildings and between residences; and
provides flexibility to site a building so that it is compatible with buildings in the vicinity.
• The proposed reduction reflects the general building scale and placement of structures
in Iowa City's neighborhoods as other nearby corner lots have front setbacks that are
less than 23 feet.
(4) Any potential negative effects resulting from the setback exception are mitigated to
the extent practical.
FINDINGS:
• The front setback reduction results in a front setback that is greater than the minimum
typically required, so no negative effects are anticipated.
(5) The accessory use, building or structure will be located no closer than three feet
(3') to a side or rear property line, unless the side or rear property line abuts a public
right-of-way or permanent open space.
FINDINGS:
• The proposed parking will be will at least 5 feet from the side lot line to the east and
meets the minimum rear setback to the south.
General Standards: 14-413-3: Special Exception Review Requirements:
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The property will remain a single-family detached use, though the additional two
parking spaces would increase the potential occupancy from 3 to 5 adult occupants.
• Vehicular access to the property will not change.
• The proposed carport will not interfere with visibility at the corner of Upland Avenue
and Crestview Avenue.
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 or impair
property values in the neighborhood.
FINDINGS:
• The applicant has proposed painting the support posts and braces to match the house
siding.
• Nearby properties feature a mix of garages, carports, and parking pads.
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 district in which such property is located.
FINDINGS:
• The surrounding area is a fully developed residential neighborhood.
• The proposed carport would meet side setback requirements and be no closer than
approximately 23 feet from the north property line.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property is already developed, and all utilities, access roads, drainage and
necessary facilities are established for this neighborhood.
• The final plat shows no underground utilities beneath the proposed project, and
compliance with other City standards will be confirmed during building permit review.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• No changes are being proposed to the existing driveway access, sidewalk, or street.
• Two additional off-street parking spaces would be provided, but anticipated traffic
would be similar to other single-family residential areas in Iowa City.
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.
FINDINGS:
• The proposed carport and driveway meet all accessory use standards and all other
dimensional and single-family site development standards, including driveway
location, maximum building coverage, and other setback requirements.
• Staff will confirm compliance with applicable standards during building permit review.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• Future Land Use Maps designate the subject property for residential uses (2-8
Dwelling Units Per Acre) in the Comprehensive Plan and for Low/Medium Density
Single -Family & Duplex uses in the Southeast District Plan.
• Both Comprehensive and District Plans support improving and maintaining the
housing stock in existing neighborhoods.
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
STAFF RECOMMENDATION:
Staff recommends approval of EXC21-0016, to reduce the required front setback requirement
along Crestview Avenue to 20 feet for the property located at 504 Upland Avenue.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
December 8, 2021
Board of Adjustment Meeting
EXC21-0016
ATTACHMENT 1
Location Map
Prepared by Staff
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December 8, 2021
Board of Adjustment Meeting
EXC21-0016
ATTACHMENT 2
Zoning Map
Prepared by Staff
December 8, 2021
Board of Adjustment Meeting
EXC21-0016
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
November 8, 2021
RE: Special Exception for 504 Upland Avenue
Dear Neighbor:
Ave I
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240- 1826
(3191356-5000
(319) 356-5009 FAX
www.icgov.org
The Iowa City Board of Adjustment has received an application submitted by Clay
Claussen requesting a special exception to reduce the setback on Crestview Avenue
to allow construction of a carport attached to the existing garage, and to allow the
widening of the driveway, for the property located 504 Upland Avenue (see attached
map and site plan).
As a neighboring property owner or occupant, you are being notified of this application.
If you know of any interested party who has not received a copy of this letter, we
would appreciate it if you would inform them of the pending application.
The Board of Adjustment will review this application at a public meeting tentatively
scheduled for December 8, 2021 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East
Washington Street, Iowa City. Because the meeting is subject to change, you may wish
to call 319-356-5230 or check the City of Iowa City's website, www.icgov.org/BOA, the
week of the meeting to confirm the meeting agenda.
You are welcome to attend this public meeting to present your views concerning
this application. You may also submit written information to me for consideration in
advance of the meeting, and I will include your comments in the information to be
considered by the Board.
Please do not hesitate to contact me at kirk-lehmann(@iowa-city.orq or 319-356-5230
if you have any questions or comments about this application or if you would like
more information on the Board of Adjustment review process.
Sincerely,
Kirk Lehmann
Associate Planner
City of Iowa City
Department of Neighborhood and Development Services
0 Board of Adiustment: Freauently Asked Questions
What is the Board of Adjustment? What is a variance? How can I participate in the
The Board of Adjustment is panel made
up of Iowa City citizens appointed by
the City Council. The board reviews and
grants special exceptions and variances
and also considers appeals when there
is a disagreement about an
administrative zoning decision made by
the City. Members of the board act like
judges, making decisions about
individual properties and uses that may
have difficulty meeting a specific
zoning regulation or to resolve disputes
about administrative zoning decisions.
The actions and decisions of the Board
of Adjustment are binding upon all
parties unless overturned upon appeal
to District Court.
What is a special exception?
There are two types of special
exceptions.
1. Within the zoning code a number
of land uses are set apart as special
exceptions that may be permitted
in certain zones. Rather than
permitting these uses outright,
each is reviewed on a case -by -case
basis to ensure that they do not
negatively affect surrounding
properties. For example, daycare
centers are permitted in residential
zones by special exception. The
same is true of churches and private
schools. All may be appropriate
uses in residential zones, if certain
criteria such as parking, screening,
and other requirements are met.
2. Adjustments to specific zoning
requirements in cases where there
are unique circumstances. Again,
the opportunity to adjust these
requirements and the criteria for
allowing such adjustments are
described in the Zoning Code. For
example, a homeowner may apply
for a reduction in a building setback
in order to accommodate an
addition or other improvement to
their property.
The Zoning Code lists explicitly each
use and standard for which a special
exception may be considered. In other
words, you can't request a special
exception for everything —only those
things called out as special exceptions
in the Code. The Code also provides
criteria specific to each request.
Applicants must provide evidence that
they satisfy each of these criteria, and
the Board must consider these criteria
when making a determination as to
whether to grant a special exception.
A variance grants a legal right to an
owner to develop property in a manner
that deviates from a specific provision
of the Zoning Code and for which a
special exception is not expressly
allowed. In seeking relief from the
restrictions in the Zoning Code, the
property owner applying for the
variance must show that the strict
application of the Zoning Code would
cause and unnecessary hardship such
that the property in question is
unusable or that a literal interpretation
of the ordinance would deprive the
applicant of rights commonly enjoyed
by other properties in the zoning
district. In addition the circumstances
that create this hardship must be
unique to the property in question and
must not be of the property owner's
own making.
What is an appeal?
The Board considers and rules on
appeals from any citizen who believes
there is an error in any decision,
determination, or interpretation made
by the City or its designee in the
administration of the Zoning Code. As
with their other decisions, the Board's
ruling is binding on all parties unless
overturned on appeal to the District
Court.
How does the review process
work?
An application requesting a special
exception, variance, or an appeal is a
request. The Board makes a decision on
whether to grant a specific request only
after City staff have provided a review
of an application and the public has had
an opportunity to make its concerns
known. The Board not only has the right
to approve or deny requests, but may
also choose to approve request subject
to certain conditions.
In making decisions, the Board may only
consider comments and evidence
relevant to the specific standards
provided in the code. City Development
Staff provide reports to the Board for
each application on the agenda. The
Staff Report provides background
information on the application, informs
the Board of all the criteria in the Code
that a particular application must
satisfy, and interprets whether and
how an application has satisfied these
criteria.
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered to
the Department of Neighborhood 8
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall. You can find
more information at the following
website: www.icgov.org/boa.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider in
rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood B Development
Services. E-mail kirk-Lehmann@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Kirk Lehmann at 319-356-
5230 or a -mail kirk-Lehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood Et Development Services,
410 E. Washington St., Iowa City IA
52240 or a -mail kirk-Lehmann@iowa-
citv.ore.
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December 8, 2021
Board of Adjustment Meeting
EXC21-0016
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
'•' EnerGov
EXC21-0O16
Project Description:
Remodeling 3 bedroom, 1 bath, single car garage home and adding conforming 4th bedroom
and second bathroom, increasing occupancy capacity. Seeking to provide additional covered
and off-street parking by adding a carport and wider parking pad using the existing driveway
that fronts Upland Ave. Corner lot with existing 30' setback. Will be able to add the carport and
parking pad and still have a 15' plus setback on the northside of the property along Crestview..
Did you hold a Good Neighbor Meeting? No
Has a pre -application meeting been held? Yes
Date of previous application or appeal filed - date
All special exceptions have specific approval criteria that must be met. Please indicate which specific
approval criteria are applicable to this request. Contact staff for help identifying the specific approval
criteria that must be met.
1. The situation is peculiar to the property in question. Subject property
is a corner lot with 30' setbacks on the ,sldgyard bordering Qg5tyft and
he frontage on Upland Ave, excessively restricting options for adding
Provide code sections) here off-street parking and covered parking.
There is practical difficulty in complying with the setback requirements
the north lot is an existing single car garage that would have to be
nolished and replaced with a two car garage that would infringe on the
sting backyard, block access to entry Into the main house kitchen and
:essitate adding another driveway with street access from Crestview.
ling another driveway off Upland can't happen due to an 80' sycamore
e and inadequate setback from the neighbor on the south side. Also
�eway there would dead end with no direct access into the main home
Granting the exception will not be contrary to the purpose of the
back regulations. Construction of a carport and widened off-street
reway/parking pad will still provide at least a 15' setback on the north
e of the property and maintain the existing 30' setback in the front.
Any potential negative effects resulting from the setback exception are
:Igated to the extent practical. Ample sidgyard setback will remain,
lltional off-street parking will keep addtional vehicles off the narrow
astmeY (Crestview) and the carport and parking pad will be within the
back needed from the neighbors to the east and south.
The accessory use, building or structure will be located no closer than
ee feet (3') to a side or rear property line, unless the side or rear
,perty line abuts a public right-of-way or permanent open space.
eady addressed. Please reference the plan and stated dimensions
swing the side and rear property lines are will outside a 3' setback.
504 Upland Ave Carport Materials Specs — See Attached Site Plan
• 6x6 support posts & braces to be painted green to match the house siding. The fascia
will be painted white to match the house soffits, fascia and gable ends.
• Rafters will be custom -constructed and designed to attach to the peak of the existing
garage to create a compatible pitch with the existing roof. A lean-to roof from the
bottom of the existing garage roof would not have left sufficient pitch nor vertical
clearance. Rafters will be unfinished on the underside of the new roof. They will be
sealed and painted white above the edge of the existing garage roof to prevent
incursion by animals.
• No additional siding is planned. The exposed siding of the existing garage was recently
painted and touched -up. The garage street -side window trim is freshly painted white to
match the house exterior gable ends, soffits and fascia.
• The shingles will be black architectural to match the existing shingles on the house and
garage.
Attachment: Site Plan
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Specific Criteria (14-4C-3B-4b):
1. The situation is peculiar to the property in question. Subject property is a corner lot with 30'
setbacks on the sideyard bordering Crestview and the frontage on Upland Ave, excessively restricting
options for adding off-street parking and covered parking.
2. There is practical difficulty in complying with the setback requirements. On the north lot is an
existing single car garage that would have to be demolished and replaced with a two car garage that
would infringe on the existing back yard, block access to entry into the main house kitchen and
necessitate adding another driveway with street access from Crestview. Adding another driveway off
Upland can't happen due to an 80' sycamore tree and inadequate setback from the neighbor on the
south side. Also driveway there would dead end with no direct access into the main home structure.
3. Granting the exception will not be contrary to the purpose of the setback regulations. Construction
of a carport and widened off-street driveway/parking pad will still provide at least a 15' setback on the
north side of the property and maintain the existing 30' setback in the front.
4. Any potential negative effects resulting from the setback exception are mitigated to the extent
practical. Ample sideyard setback will remain, additional off-street parking will keep addtional vehicles
off the narrow sidestreet (Crestview) and the carport and parking pad will be within the setback needed
from the neighbors to the east and south.
5. The accessory use, building or structure will be located no closer than three feet (3') to a side or rear
property line, unless the side or rear property line abuts a public right-of-way or permanent open space.
Already addressed. Please reference the plan and stated dimensions showing the side and rear property
lines are will outside a 3' setback.
General Criteria (14-46-3A) Second Detailed Response
1. The specific exception will not be detrimental to or endanger the public health, safety, comfort or
general welfare. The carport and expanded driveway will not interfere with foot traffic on the sidewalk
and will reduce the need for on -street parking, minimizing traffic congestion on Crestview. The carport
is set back from the Upland and Crestivew intersection a substantial distance so the site -lines for
merging traffic at the intersection will not be diminished thus protecting the safety of the public.
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 or impair property values in the neighborhood.
The carport will raise the value of the subject property, 504 Upland Ave, and positively impact the values
as a comparable for neighboring properties. The street view of the neighbor to the east will not be
impaired when they back out of their driveway and the carport will be hidden from view from their front
windows and entry. The off-street parking provided by the carport and wider driveway will keep
vehicles off the streets minimizing obstructions for trash pickup, leaf collection, street sweeping and
snow removal.
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 district in which
such property is located. I drove around the immediate neighborhood on Upland Ave, Crestivew,
Elmridge, Terrace Rd and Friendship St and counted 9 properties with carports, 17 with parking pads in
the frontages next to driveways and 4 with fencing in the setbacks. Adding the carport and expanded
parking pad will be compatible with existing homes in the neighborhood which have been permitted.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
The property, 504 Upland Ave, has existing positive drainage that does not impart neighboring homes
and the carport and expanded driveway also maintain positive drainage from the property. New
overhead electrical service has been added with all new electrical wiring providing safe, code -
conforming power to the carport for under -roof lighting that will not impact the neighbors. The existing
driveway on the Upland Ave frontage will be preserved with no additional ingress nor egress needed.
5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize
traffic congestion on public streets. The current single width driveway on the Upland Ave frontage will
be preserved and serve as the sole ingress and egress to the existing garage and the proposed carport. If
the proposed off-street parking under the carport and on the new parking pad will not exist, occupants
will need to park on the street potentially creating more traffic congestion than presently.
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. Yes, the property will be conforming if approved.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended.
Owners intend to preserve this property as a single family residence in compliance with the City's stated
preference to upgrade and preserve "older" neighborhoods as affordable owner -occupied housing.
To: City of Iowa City Planning
Re: Special Exception Support Letter
As owners of 504 Upland Ave, Iowa City, IA 52245, we support the Special Exception submitted by Clay
Claussen on our behalf to construct a carport adjacent to the existing garage and to widen the off-street
parking pad to provide access to the carport from the existing Upland Ave frontage driveway.
Heather Claussen Erwin ' I /�3 �'/ Victoria "Vicki" A. Claussen
43 Green Mountain Dr
Iowa City, IA 52245
319-621-5738
heather.claussen��hotmailcom
27 Green Mountain Dr
Iowa City, IA 52245
319-321-7112
vickiclaussen@gmail.com
Daughter of Clay Claussen Spouse of Clay Claussen
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December 8, 2021
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
October 13, 2021
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
OCTOBER 13, 2021 — 5:15 PM
PRELIMINARY
MEMBERS PRESENT: Gene Chrischilles, Bryce Parker [via Zoom], Amy Pretorius, Mark
Russo
MEMBERS ABSENT: Nancy Carlson
STAFF PRESENT: Sue Dulek, Kirk Lehmann
OTHERS PRESENT: Caleb Wilson
RECOMMENDATIONS TO COUNCIL:
By a vote of 4-0, the Board recommends that its Procedural Rules (aka, the by-laws) be
amended to improve notification of area residents by increasing the radius to 500 feet from 300
feet and mailing letters to residents of multi -family units if independently listed in the City
Assessor's data base. The Board also recommends an amendment allowing the Chair to make
motion and to second a motion.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC21-0015:
An application submitted by SouthGate Companies requesting a special exception to allow an
indoor self-service storage use in a Community Commercial (CC-2) Zone at 947 Highway 6
East.
Pretorius opened the public hearing.
Lehmann stated the property is the former Slumberland site that's in the Pepperwood Plaza
commercial area. Most of the areas around it are other commercial uses, there is the post office
right next door, and there are some institutional uses in the area as well. Lehmann noted there's
some residential uses to the south. The zoning generally reflects all those uses, it's mostly CC-2
(Community Commercial) to the west, north and east and then to the south it's low density
multifamily residential (RM-12). SouthGate is the property owner of the building that housed the
former furniture store, which is around 39,000 square feet, the post office is also in that building
but will not be affected by this application, it is only for that former Slumberland site. The
applicant is proposing to rehabilitate the former Slumberland into two stories of self-service
Board of Adjustment
October 13, 2021
Page 2 of 10
storage uses, with a wrap of about 2700 square feet of small commercial storefronts along the
north building facade, which is the front entrance from the parking lot. Lehmann noted there's
also potential for additional commercial space above it. Self-service storage uses are allowed by
special exception, and that was made an allowable use on September 21 by City Council
(zoning code amendment REZ21-0007). The applicant held a good neighbor meeting on
October 4 and 12 folks attended, the notes from that meeting were included in the agenda
packet tonight.
Lehmann next showed some images of the site noting the front building facade with some
planters and a pedestrian area in front with some open outdoor space underneath a covered
area. He noted it's pretty unadorned in the back, there is a protrusion which was the existing
loading area and as part of the project the applicant would fill that in and put a small addition
that would allow for covered parking as people were unloading items for the storage spaces.
Lehmann showed the site plan summitted which included elevations.
The role of the Board of Adjustment is to approve, approve with conditions, or deny the
application based on the facts presented. To approve the special exception the Board must find
that it meets all applicable approval criteria which includes specific standards pertaining to this
waiver and then general standards that apply to all special exceptions.
The new standards which will be codified at 14-4B-4C-10 are for self-service storage uses in
CC-2 zones and there are four different standards. The first is that all self-service storage units
or areas shall be completely within conditioned space as defined in the building code and no
outdoor storage is allowed. Lehmann explained with the proposed use, all self -storage would
completely occupy that existing building, all is conditioned space which is space that's enclosed
within the building's thermal envelope and that is directly or indirectly heated or cooled.
Lehmann explained this is a climate -controlled facility and outdoor storage is not proposed as
part of the project.
The second criteria is that units shall not be individually accessible from the outside and no
more than two garage or overhead doors shall provide access into the building and those doors
shall be at the rear of the building. Lehmann confirmed with the proposed use the storage units
are not individually accessible from the outside and can only be accessed through the building.
He stated there are two overhead storage doors in the rear that provide access into the storage
areas.
The third standard is a substantial portion of the front building facade must accommodate other
allowable commercial uses. Which means that those self-service storage units aren't allowed
within the first 30 feet as measured from the roof overhang except for a primary entrance to the
self -storage, which can be up to 30% of the facade. Also, that primary entrance that can be up
to 30% of facade could be a hallway, lobby, retail, storefront, etc., the individual units aren't
allowed within that area. With this particular project, the proposed use fronts the Pepperwood
Plaza parking area to the north, so that is the front facade. All the self-service storage areas and
units are about 30-33 feet from that front building overhang and there is a primary entrance from
that front facade, but it's only about 5% of the area. With the remainder of the facade, about
51 % is proposed to be outdoor patio space, and then 44% is proposed to be commercial space,
so around 95% of the facade is anticipated to be a commercial use. Lehmann noted there is a
second story that also applies, and it could be occupied by additional commercial uses, but it
Board of Adjustment
October 13, 2021
Page 3 of 10
doesn't necessarily have to be as long as it doesn't have those self-service storage uses in it
The fourth and final specific criteria is that buildings containing self-service storage uses shall
be considered large retail use as it relates to the site development standards for this zone.
Lehmann explained buildings containing self-service storage uses shall be considered as they
review the site development standards, and staff will ensure compliance with those standards
during site plan review. Those standards are things related to facades and exterior walls,
projections and visual interest, there are standards related to building details, changes in color
texture materials or are recessed or a projection, some other roof detail standards are about
concealing HVAC units and providing multiple roof planes. There are standards regarding
building materials and what are appropriate building materials for the outside, and some
standards related to an entry way. Lehmann explained some minor modifications may be
possible where the configuration of a lot or other existing physical condition makes the
application of a specific standard impractical. Since this building is an existing building, and it is
double fronting, staff does anticipate that some of these standards will probably be waived
through minor modifications during site plan.
Regarding the general standards (found at 14-46-3), the first is that the specific proposed
exception will not be detrimental to or endanger public health, safety, comfort, or general
welfare. In the case of this project, it occupies an existing building, and there are few site
changes which limits negative impacts to health and safety. Lehmann did note there are some
downsides, since they are converting a large retail space to another use that may decrease the
availability of certain goods and services to neighboring residential areas. However, recent
trends are negatively impacting the demand for such spaces, such as online retail, expansion of
e-commerce, and the decline of brick -and -mortar stores generally. Additionally, spaces that
remain vacant for long periods of time can lead to deferred maintenance and blight eventually.
In addition, the proposed use does have those small-scale commercial storefronts along the
front facade so that does provide some opportunity in the community to allow space for
entrepreneurs and those can provide goods and services for nearby residential areas. There
are also positives with the improvements to the north and south building facades that will
positively impact the appearance of the area and the outdoor patio will encourage an active,
pedestrian -friendly front edge.
The second criteria is that it won't injure the use and enjoyment of property in the immediate
vicinity or negatively impact property values. Again, the project is an existing building with few
site changes so there are limited impacts to surrounding buildings. Improvements to the north
and south facades will improve the appearance and provide a positive impact in that way.
Again, since there isn't as much demand for large retail spaces, finding alternative uses for such
spaces is beneficial for nearby businesses, especially if it can support small business uses. The
proposed use and commercial space along the front facade can help promote economic activity
and drive some traffic to the site.
The third criteria is that it won't affect normal and orderly development and improvement of
surrounding properties within the area. Lehmann explained the Pepperwood Plaza area and the
neighborhood to the south are fully developed with a mix of uses. Staff doesn't anticipate any
negative impact if there was additional redevelopment nearby, because again it will occupy the
building and there are limited changes to the site. Staff also believes that improvements to the
facade will make the building more visually appealing from the north and south,
Board of Adjustment
October 13, 2021
Page 4 of 10
The fourth criteria is that there are adequate utilities, access roads, drainage and/or necessary
facilities. Again, this property is already developed so it has all necessary facilities in the area,
including drainage. Staff will review it as well for applicable standards during site plan and
building permit review.
The fifth criteria is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion on public streets. Access to this property is
available from Cross Park Avenue and then also through the Pepperwood Plaza parking area to
the north which includes a private street called Pepperwood Lane. Lehmann stated there are
currently no changes being proposed for those drives, the parking areas or the existing access.
The loading area would be accessed from Cross Park Avenue, which is the street to the south.
The proposal includes filling in that ramp and adding an addition and those loading doors back
there but there are no proposed changes to the method or routes of vehicular access.
Standard six is that it has to comply in all the respects to the zoning code set for the proposed
exception. The building does meet all dimensional standards that are within the zoning code,
and it would contain approximately 570 storage units and between 2,695 and 5,390 square feet
of shopping center uses which would require 18 to 29 parking spaces within the Pepperwood
Plaza parking area. All of the parking is shared and there's more than enough parking for the
proposed uses. Bicycle parking is also required and will be confirmed during site plan review. In
addition, there are standards relating to pedestrian routes, specifically between buildings, to
abutting, right-of-way sidewalks, and then through parking areas. The north side of the
proposed use has pedestrian routes already established, but the area to the south doesn't really
have a pedestrian access. Because this is a non -conforming development staff recommends a
condition that there be a demarcated pedestrian route from the sidewalk to the rear entrance for
the proposed use, to be demarcated specifically where it crosses those parking drives. That
would help ensure safe pedestrian travel and meet the standards of the zoning code. In
addition, across Cross Park Avenue from the site is a residential zone (RM-12) so the parking
and loading areas south of the building should have S3 screening. Again, it's a non -conforming
development so staff recommends a condition that screening be provided along the Cross Park
Avenue right-of-way. Finally, all site development standards for CC-2 zones shall be met prior to
site plan approval or shall require minor modifications. That does include compliance with the
large retail use standards at 14-2C-6K and because this is a non -conforming development staff
recommends that this be a condition of approval as well. Arguably the condition isn't needed
because it's included in the approval standards, but staff believes that condition is beneficial to
put in the recommendation. Staff will ensure compliance with all applicable standards during site
plan and building permit review.
The final, seventh criteria is that it has to be consistent with the Comprehensive Plan of the City
as amended. Lehmann noted the future land use maps for this area show general commercial in
the Comprehensive Plan and commercial in the South District Plan. The use will also increase
the property tax base by attracting businesses that have growth potential and that are
compatible with Iowa City's economy. The South District Plan also notes the changes in retail
that are currently impacting shopping centers like Pepperwood Plaza and it notes that facade
improvements and landscaping improvements can help entice shoppers to linger and can help
foster a sense of place. The facade improvements and the small commercial storefronts can act
as a starting space for small businesses, which can help encourage a healthy mix of
Board of Adjustment
October 13, 2021
Page 5 of 10
independent locally owned businesses and support entrepreneurial activity which is also in the
Comprehensive Plan.
Staff recommends approval of EXC21-0015, to allow a self-service storage use in a Community
Commercial (CC-2) for the property at 947 Highway 6 East, subject to the following conditions:
1. Installation of landscaping to the S3 standard, as detailed in section 14-5F-6C of City
Code, along the subject property's Cross Park Avenue frontage prior to issuance of
certificate of occupancy. If said certificate of occupancy is issued during a poor planting
season, by May 31 following issuance of the certificate of occupancy. The landscaping plan
must be approved by the City Forester prior to issuance of the building permit.
2. Establishment of a pedestrian route from the sidewalk on Cross Park Avenue to the
entrance on the south building face that is demarcated where it crosses parking areas by
colored paving, pavement markings, or other similar methods, to be approved prior to
issuance of the building permit.
3. All site development standards for CC-2 zones, including compliance with standards
relating to large retail uses at 14-2C-6K, shall be met prior to site plan approval, or shall
receive minor modifications as allowed by the zoning code
Chrischilles noted if the people that rent storage units will be able to access them from the front
or the rear, when they're putting things into their units or taking things out of their units, are they
doing that from the south side only. Lehmann said they could do it from the north side if they
wanted to carry stuff through the building. He assumes most users would probably use the
south entrance if they're unloading things. However, if they had something smaller they could
walk through the front as well.
Russo asked if there is an interior stairwell. Lehmann said there is and he believes that they're
installing an elevator also to allow people to take stuff upstairs.
Russo asked if the loading area allows for more than one vehicle at a time. Lehmann said it
would allow for two based on the site plan.
Chrischilles asked if there is a doorway to walk in on the south side in addition to the garage
doors? Lehmann confirmed there is a door proposed there and there'll be a pedestrian walkway
across to the sidewalk.
Caleb Wilson (Southgate Companies) presented the background of this project for the benefit of
the Board of Adjustment. When they became aware that Slumberland was going to be moving
to Coralville in the fall of 2020 they began exploring alternative uses for this space and looking
to see what a good long term sustainable use for this building would be. The space is roughly
39,000 square feet and they explored many uses of how the space could be repurposed and
utilized best for the community and for the long-term use of the building. Southgate engaged the
City very early on in the process and started working with them. Southgate also used a retail
consultant who had helped with other projects in the City where there's been large retail uses
that have left. Their first route was to explore typical retail uses, but it's hard to repopulate a
space of this size. They considered dividing it down into three big retail spaces that were 10,000
plus square feet and as they explored those uses, from what they experienced, there was no
real interest. They had no good lead for that space, so they explored a variety of different uses.
Board of Adjustment
October 13, 2021
Page 6 of 10
Self -storage is one that they became aware of, because there was a trend nationally where big
spaces like this were repurposed for this use. This space, particularly at Pepperwood Plaza, is
fairly far set back from the highway, which is really not how shopping centers are developed
anymore. A lot of the times the use is right up on the main road, and it's more visible. So that
was something that they knew was going to be more difficult to get a big user back in there.
Additionally, there had been a wide variety of retail space available and even the L shaped retail
building next door was converted into a church. Southgate continue to explore self -storage
uses and worked with the City to know see what steps it would take for that to be an allowable
use there because in the zoning code, it was not at the time. So they worked with City staff
through the Planning and Zoning process, through the City Council process to get that zoning
code text amendment passed. And now they are here before the Board of Adjustment for the
special exception application.
Wilson noted one thing they did in that process was talked with community members about what
they wanted to see in the space and when they first were approaching self -storage their thought
was to make the entire building self -storage. It was expressed that the retail character of the
center would be somewhat lost if it was all self -storage, and the idea was presented to them
about carving off part of that front and making those retail spaces. Wilson stated they see an
opportunity to create a long-term sustainable business in the self -storage, that is a need in a
community that is unmet, and it will be financially viable long term. Also to create these smaller
spaces, there'll be nice retail spaces that they would like to keep relatively affordable by having
a good business behind it. Wilson acknowledged there's been a lot of interest in those small
retail spaces and people do seem to be excited about that. Wilson also confirmed there would
be an elevator installed at the rear of the building and that's necessary for hauling larger items
up to that second floor.
Russo asked how big the units are. Wilson replied they vary in size and they are working with a
group who does the layouts for those units and does this rehab all over the country, and they
are recommending a unit mix layout. The units will be 5'x5' up to 15'10', there will be a good
mix.
Pretorius closed the public hearing.
Pretorius asked for a motion so the Board could open discussion.
Russo moved for approval EXC21-0015, to allow a self-service storage use in a
Community Commercial (CC-2) for the property at 947 Highway 6 East, subject to the
following conditions:
1. Installation of landscaping to the S3 standard, as detailed in section 14-5F-6C of City
Code, along the subject property's Cross Park Avenue frontage prior to issuance of
certificate of occupancy. If said certificate of occupancy is issued during a poor
planting season, by May 31 following issuance of the certificate of occupancy. The
landscaping plan must be approved by the City Forester prior to issuance of the
building permit.
2. Establishment of a pedestrian route from the sidewalk on Cross Park Avenue to the
entrance on the south building face that is demarcated where it crosses parking
areas by colored paving, pavement markings, or other similar methods, to be
approved prior to issuance of the building permit.
Board of Adjustment
October 13, 2021
Page 7 of 10
3. All site development standards for CC-2 zones, including compliance with standards
relating to large retail uses at 14-2C-6K, shall be met prior to site plan approval, or
shall receive minor modifications as allowed by the zoning code
Parker seconded the motion.
Chrischilles stated he thinks it's a good use of the space and it's important to keep something in
that space for the vitality of that area of the City. Sounds like a good project.
Pretorius noted it is a big space to own right now in the world today with what's happening with
those large retail spaces. She thinks it's really inventive and an opportunity to enhance the look
of the building in the area in general.
Chrischilles stated regarding agenda item EXC21-0015 he does concur with the findings set
forth in the staff report of this meeting date, October 13, 2021 and concludes that the general
and specific criteria are satisfied with the conditions included in the staff report, so unless
amended or opposed by another board member he recommends that the Board adopt the
findings in the staff report for the approval of this proposal.
A vote was taken and the motion passed 4-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
CONSIDERATION OF AMENDMENTS TO THE BOARD OF ADJUSTMENT BYLAWS:
Lehmann noted this came along through two different routes, the first, Article V/Section 1, is
discussed in the staff report in the agenda packet but basically it's an outcrop of
recommendations by the Planning and Zoning Commission that Council wanted to pursue tied
to improving notifications and making sure that neighbors were aware of things. This included
things like increasing who letters were sent to, if there are multifamily units, for example, that
are independently listed in the assessor database it's relatively easy to pull that information and
to send letters to the occupants. They also proposed increasing the radius notified so instead of
300 feet, it's increased to 500 feet, and some other items specifically tied to Planning and
Zoning items such as certain applications requiring mandatory good neighbor meetings. Finally,
there is the effort to try to increase the opportunity for electronic notification where possible.
Lehmann stated that's something staff is still working on and is better met by a more
comprehensive policy adopted by the City. However, the other ones specifically relating to who
letters are sent to and how far they are sent are covered in the Board of Adjustments Bylaws.
Staff provided some proposed language for that section that would increase who those letters
were sent to.
The second proposed change would be to Article VI/Section 10 and this came as a request by
Chairperson Pretorius who requested to be able to either second or make a motion. Dulek did a
review of other Boards and Commissions within the City and found that it's only the Board of
Adjustment and Planning and Zoning where it's not allowed. City Council is allowed to do it.
The Board can either choose to adopt one or both or neither. Once there is a vote here it would
Board of Adjustment
October 13, 2021
Page 8 of 10
go to City Council and the updated bylaws would be formally adopted by Council. They can vote
on them each separately.
Chrischilles asked if P&Z has set a 500-foot radius. Lehmann stated there's currently a draft
policy that the City is working through, and it wouldn't go to P&Z, it would go directly to Council.
But that has not yet changed for Planning and Zoning Commission applications, it is still set at
300.
Parker asked for the draft language. Lehmann stated the draft language is that it's sent to all
property owners and to all non -duplicative individual occupants when available on the City
assessor's website within 500 feet of the subject property. The change for the other section
would be it would just cross off 'other than the Chair' as to who can make and second motions.
Pretorius asked why the change from 300 to 500, is there something specific about 500 versus
any other number. Lehmann said that was the recommendation made by Planning and Zoning.
Chrischilles also wondered if that's far enough, maybe it should be 1000, but then it may
become too difficult for the City. Lehmann noted at the time this was being discussed by
Planning and Zoning, staff did an analysis of the difference in how many public letters got sent
out, depending on where it was in the City and it very much depends on the area, downtown
versus a more rural area. He didn't have those figures on hand but what Council ended up
recommending was moving forward with the 500-foot radius and the ones that they can easily
access. Lehmann also explained there are many ways to access, for example, a multifamily
property that's a single parcel, under the old way it wouldn't go to occupants because to start
looking up all that information becomes a lot more difficult. But if all the units are listed
individually in the assessor's information, they can send it directly to the units and to the
property owners. It does require more letters to be sent out, and some more staff time with that.
Russo asked if there is a certain standard length to a city block, is that why they chose the 300
feet originally. Dulek confirmed it is 300 feet and that's why they used 300. Russo feels like the
radius should depend on the project or location. Pretorius noted with the big projects, those
people come anyway. She could see it getting a little ridiculous if they tried to go too far out and
it probably gets pretty expensive. Russo feels the new radius would be a block and a half and
that seems a little silly, it should be two blocks or one block. Lehmann said this is what City
Council has told them to move forward with.
Pretorius feels the more important part is probably the one that precedes it, about the delivery to
individual occupants when available on the City's Assessors website so people that may not
normally been informed are now going to be informed.
Chrischilles moved to accept the change to Article V/Section 1 of the bylaws as written in
the staff report, Parker seconded the motion and a vote was taken and the motion passed
4-0.
Board of Adjustment
October 13, 2021
Page 9 of 10
Pretorius stated she did bring up the second proposed change. She noted the attendance for
the Board of Adjustment tends to wax and wane a little bit more and they can be a rather small
group of people on occasion. She has been to multiple meetings now where there's only been
three of them, so she thinks this allows for a little bit more flexibility. Pretorius also noted at
some past Board meetings some members of the public mentioned that maybe the chairs
shouldn't be so opinionated. However, she feels like in the position of the chairperson for this
Board, she has felt a little voiceless on occasion and a little helpless and that's just simply not
why she joined the Board of Adjustment. She doesn't mind chairing the Board, but she definitely
would love to have some more involvement on occasion.
Chrischilles asked Dulek about the research she did regarding this condition of having the Chair
unable to make or second a motion, how did that get started, is it not a condition of Roberts
Rules of Order. Dulek replied it is not in any State law and in Roberts Rules it states if there is a
big body, say 100 people, they recommend the chair not be able to move or second and to be
more impartial. In this Board, the chair is crucial to vote because they need three votes to
approve, and anyone as the chair or acting chair, may have to be dispositive of the vote on a
five -person requiring three.
Chrischilles noted when he was chair he did feel the same way a couple of times, like he was
forced to be subdued.
Russo moved to accept the change to Article VI/Section 10 of the bylaws as written in the
staff report, Chrischilles seconded the motion, and a vote was taken and the motion
passed 4-0.
CONSIDER THE SEPTEMBER 8. 2021 MINUTES:
Chrischilles moved to approve the minutes of September 8, 2021, Russo seconded.
A vote was taken and the motion carried 4-0.
BOARD ANNOUNCEMENTS:
Russo's term technically ends end of December but he is reapplying.
Lehmann noted there would not be a meeting in November.
ADJOURNMENT:
Russo moved to adjourn this meeting, Parker seconded, a vote was taken and all approved.
Board of Adjustment
October 13, 2021
Page 10 of 10
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2021
NAME
TERM
EXP.
7/14
8/11
9/8
10113
CHRISCHILLES, GENE
12/31/2022
O/E
X
X
X
PARKER, BRYCE
12/31/2024
X
X
O
X
PRETORIUS, AMY
12/31/2023
X
X
X
X
CARLSON, NANCY
12/31/2025
X
X
X
O/E
RUSSO, MARK
12/31/2021
X
X
X
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member
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