HomeMy WebLinkAbout06-14-2023 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, June 14, 2023 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Items
a. EXC23-0006: An application submitted by Abdulla Hardan (Malka 13, Inc)
requesting a special exception to allow a drive -through facility associated with a
sales -oriented retail use in a Community Commercial (CC-2) zone for the property
located at 1910 Lower Muscatine Road.
4. Consideration of Meeting Minutes: May 10, 2023
5. Board of Adjustment Announcements
6. Adjournment
If you need disability -related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5247 or at klehmann(a)-iowa-city.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: July 12 / August 9 / September 13
Informal: Scheduled as needed.
June 14, 2023
Board of Adjustment Meeting
EXC23-0006
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment Prepared by: Anne Russett
Item: EXC23-0006 Date: June 14, 2023
Parcel Number: 1014458005
GENERAL INFORMATION
Applicant: Abdulla Hardan
Malka 13 Inc.
3889 Grayhawk Court
Bettendorf,IA 52722
oxf0828@gmail.com
Contact Person:
Property Owner:
Requested Action:
Purpose:
Location:
Location Map:
Lot Size:
Thomas McInerney
Thomas McInerney Architect
1208 Marcy Street
Iowa City, IA 52240
maca rch itect(a)me. com
Malka 13, Inc.
301 Iowa Avenue
Muscatine, IA 52761
A special exception for an accessory drive -through
facility in a Community Commercial (CC-2) zone.
To allow the addition of a drive -through associated
with a retail sales -oriented use.
1910 Lower Muscatine Road on the southeast
corner of Mall Drive and Lower Muscatine Road.
23,345 square feet
40 9
1
Existing Land Use and Zoning: Vacant commercial building; Community Commercial Zone
(CC-2)
Surrounding Land Use North: General Industrial (1-1)
and Zoning: East: Community Commercial (CC-2)
South: Community Commercial (CC-2)
West: Community Commercial (CC-2)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-4C-2K-3: Drive Through Facilities
File Date: May 15, 2023
BACKGROUND:
The applicant, Abdulla Harden (Malka 13, Inc.), is requesting a special exception to allow an
accessory drive -through facility associated with a proposed retail sales -oriented use (specifically
a liquor store) at 1910 Lower Muscatine Rd. The site currently contains an existing 1,800 square
foot building and the applicant is also proposing an addition to the building. Attachments 1 and 2
include an aerial image and zoning exhibit of the subject property.
In 2001, Hawkeye State Bank, received approval of a special exception (EXC00-00012) for the
expansion of a drive -through facility. The Board of Adjustment approved the special exception
allowing the construction of an additional drive -through lane and to reduce the number of
stacking spaces from six to four, provided that directional signs are installed at all vehicle
access poinst to the property and directional arrows are painted on the pavement in appropriate
locations to indicate traffic flow.
Hawkeye State Bank was purchased by West Bank in 2003. Most recently, the subject property
was purchased by Malka 13, Inc. in February of 2022. Since the sale, this property has
remained vacant and under construction for the duration of its new ownership.
In April 2022, the City approved a site plan (SPD22-0007) for the property for a 1,200 square
foot addition behind the existing building for a sales -oriented retail use. A building permit
application was also submitted (BLDC22-0032) for the 1,200 square foot addition, which is
currently on hold due to this requested special exception and the need to obtain the required
trade permits (e.g., electrical permits).
The site plan submitted with the special exception (Attachment 3) shows a proposed 1,075
square foot building addition, which is a smaller addition than what was originally approved as
part of the site plan application. The site plan submitted with the special exception also shows
the accessory drive -through facility.
This building is located in a Community Commercial (CC-2) zone that has not been subject to
change within recent years. Uses surrounding this building consist of primarily Community
Commercial (CC-2) and General Industrial (1-1) to the North.
Vehicular access to the subject property is provided directly from Mall Drive and through two
entry points from the shared access drive branching off from Lower Muscatine Road to the
southeast. Required parking is one space per 300 square feet of building floor area, requiring
ten spaces which are shown in the site plan and contain one space meeting ADA requirements.
Bike parking is required to provide four bike parking stalls minimum, as shown in the site plan.
2
The proposed drive -through facility includes a vehicle lane accessable from the southern shared
access drive that is northwest bound towards Mall Drive.
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 exceptions if the requested actions are found to be in accordance with the
specific criteria included in Section 14-4C-2K-3, pertaining to special exceptions to allow drive
through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-46-3A.
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 each
criterion may be found on the attached application. Staff comments are set forth below.
Specific Standards 14-4C-2K-3: Drive Through Facilities
[Associated with a Retail Establishment]
a. Access and Circulation: The transportation system should be capable of safely
supporting the proposed drive -through use in addition to the existing uses in the
area. Evaluation factors include street capacity and level of service, effects on
traffic circulation, access requirements, separation of curb cuts, and pedestrian
safety in addition to the following criteria:
(1) Wherever possible and practical, drive -through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access
drive is not possible, the board may grant access to a primary street, but may
impose conditions such as limiting the width of the curb cut and drive, limiting
the number of lanes, requiring the drive -through bays and stacking lanes to be
enclosed within the building envelope, and similar conditions.
FINDINGS:
• The proposed drive -through lane will be accessible through a shared access
drive on the south side of the building and not directly off Lower Muscatine
Road.
(2) To provide for safe pedestrian movement, the number and width of curb cuts
serving the use may be limited. A proposal for a new curb cut on any street is
subject to the standards and restrictions in chapter 5, article C, "Access
Management Standards", of this title.
FINDINGS:
• No new curb cuts have been proposed with this application.
(3) An adequate number of stacking spaces must be provided to ensure traffic
safety is not compromised. A minimum of six (6) stacking spaces is
recommended for drive -through facilities associated with eating establishments
and a minimum of four (4) stacking spaces for banking, pharmacies, and similar
3
nonfood related drive -through facilities. "Stacking spaces" shall be defined as
being twenty feet (20') in length and the width of a one lane, one-way drive. The
board may reduce the recommended number of stacking spaces if the applicant
can demonstrate that the specific business has unique characteristics such that
the recommended number of parking spaces is excessive (i.e., a drive- through
that is to be used for pick up only and not ordering).
FINDINGS:
• The proposed site plan shows one drive -through lane that passes one ordering
kiosk and one pick-up window; This lane has existed since it was formerly a
drive -through facility for banking purposes.
• The site plan shows four stacking spaces in the drive -through, meeting the
minimum requirements for stacking spaces as set forth in the recommended
minimum stacking spaces for non-food facilities.
(4) Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance
areas, and other controls to ensure safe vehicular and pedestrian movement.
FINDINGS:
• The site plan indicates directional pavement markings in the drive -through. A
pavement marking is also shown at the exit of the drive -through and reads "Do
Not Enter'.
• The site plan also shows an "Exit Only" sign at the exit of the drive -through
facility.
• The site plan displays a pedestrian path between the existing building and the
public sidewalk to be installed towards the front facade of the building that is to
be demarcated with contrasting paint to the color of the pavement.
b. Location:
(1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located
east of the Iowa River, drive -through lanes and service windows must be located
on a nonstreet-facing facade. In all other locations where drive-throughs are
allowed, this location standard must be met, unless the applicant can
demonstrate that a street -facing location is preferable for the overall safety and
efficiency of the site, does not conflict with adjacent uses or pedestrian access,
and does not compromise the character of the streetscape or neighborhood in
which it is located.
FINDINGS:
• The proposed drive -through lane is located in the rear of a building which does
not face the street.
111
(2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot
lines and public rights of way and screened from view according to the design
standards below.
FINDINGS:
• Per the site plan the proposed drive -through is set back exactly 10 feet from
the adjacent lot line.
• The site plan demonstrates the addition of S2 screening to screen the drive -
through from view of the neighboring property.
c. Design Standards: The number of drive -through lanes, stacking spaces, and paved
area necessary for the drive -through facility will not be detrimental to adjacent
residential properties or detract from or unduly interrupt pedestrian circulation or
the commercial character of the area in which the use is located. The board of
adjustment may increase or reduce these standards according to the
circumstances affecting the site.
(1) To promote compatibility with surrounding development, the number of drive -
through lanes should be limited such that the amount of paving and stacking
space does not diminish the design quality of the streetscape or the safety of
the pedestrian environment.
FINDINGS:
• The site plan proposes one drive -through lane that is designated for pickup.
• The drive -through will not impact the design quality of the streetscape
because it is on the rear portion of the lot, is adequately set back, and is
screened from Lower Muscatine Road and Mall Drive by buildings and
landscaping.
• Pedestrian routes will be permanently demarcated where they cross internal
drives, which helps to ensure the safety of the pedestrian environment.
(2) Drive -through lanes, bays, and stacking spaces shall be screened from views
from the street and adjacent properties to the S2 standard. If the drive -through
is located adjacent to a residential use or property zoned residential, it must be
screened from view of these properties to at least the S3 standard. To preserve
the pedestrian oriented character of streets in the CB-2 zone and the riverfront
crossings district, the board may require the drive -through to be incorporated
within the building or be screened with masonry street walls and landscaping.
Street walls shall be a minimum of five feet (5') in height and shall be designed
to complement the principal building on the site.
FINDINGS:
• There is no residential zone adjacent to any side of the property, so the drive -
through will be screened to the S2 standard using 26 Emerald Arborvitae
(Evergreen) trees between 24 and 42 inches tall on the rear side of the
property.
(3) Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling
on the site.
5
FINDINGS:
• The site plan shows a single drive -through lane, an ordering kiosk and one
pick-up window.
(4) Stacking spaces, driveways, and drive -through windows shall be located to
minimize potential for vehicular and pedestrian conflicts and shall be integrated
into the surrounding landscape and streetscape design of the neighborhood in
which it is located.
FINDINGS:
• The drive -through is accessed through the shared access side -street off of
Lower Muscatine Avenue where there is no sidewalk, therefore reducing
vehicle and pedestrian conflicts.
• The drive -through facility is clearly separated from the parking areas to avoid
vehicular conflicts.
• The drive -through is on the rear portion of the lot and is screened from Lower
Muscatine Road and Mall Drive by buildings and landscaping which helps
integrate it into the landscape and streetscape design of the neighborhood.
(5) Lighting for the drive -through facility must comply with the outdoor lighting
standards set forth in chapter 5, article G of this title and must be designed to
prevent light trespass and glare onto neighboring residential properties.
FINDINGS:
• Staff will ensure lighting meets the City standards to prevent light trespass
and glare onto neighboring properties during site plan review.
6) (Repealed by Ordinance No. 16-4685 on 11-15-2016)
7) Loudspeakers or intercom systems, if allowed, should be located and directed
to minimize disturbance to adjacent uses. Special consideration should be
given to locations adjacent to residential uses to ensure such systems do not
diminish the residential character of the neighborhood.
FINDINGS:
• The drive -through ordering kiosk faces east toward the adjacent commercial
uses.
General Standards: 14-413-3: Special Exception Review Requirements
[Associated with a Retail Drive -Through Facility]
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• Onsite vehicular circulation and access are adequate to accommodate anticipated
users and drive -through traffic, and proposed signs and pavement markings will help
efficiently direct traffic.
0
Properly paved and designated pedestrian walkways will increase pedestrian
awareness in the parking lot and on the property.
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:
• 1910 Lower Muscatine Road is located in a CC-2 zone surrounded by other CC-2
zoning designations and one Industrial designation. The addition of this drive -through
is to be used for a retail sales -oriented use, complimentary to the other uses in this
area.
All exterior lights must meet the relevant standards within the zone which seek to
prevent light trespass and glare onto neighboring properties.
The proposed exception is not expected to affect the use, enjoyment, or values of
nearby uses any more that other development allowed within the zone.
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 proposed addition of a drive -through for retail sales -oriented purposes aligns with
the uses of other commercial facilities within the area.
• All land surrounding the subject property has already been developed.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• As the proposed special exception is an extension of the already existing building,
utilities, drainage, and access roads are provided.
• A 24" by 24" storm sewer is located in the northwest corner of the existing parking lot.
• The site contains adequate space for vehicular circulation and parking to
accommodate the use.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The entrance to the drive -through lane is on a privately owned side -street with
sufficient stacking spaces to avoid traffic congestion.
• The drive -through exit from the property leads to Mall Drive.
• Adequate signage is present directing traffic flow to and from the property with Do Not
Enter signs at the exit and arrows in each entrance and exit.
• There will be no sizable traffic impact to public streets with the addition of the drive -
through lane.
7
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 site plan shows the minimum lane width required for a drive -through lane, which
is 10'. In order to accommodate the 10' setback required for the drive -through facility
and the 10' lane width the building addition must be set back 20' from the adjacent
property boundary. Per the site plan submitted with the special exception this 20' is
met.
• However, the recently approved site plan for the building addition (SPD22-0007)
shows the building closer to the property line than 20'. In order to accommodate the
drive -through facility the building addition must be at least 20' from the eastern
property line. A building permit was also approved (BLDC22-0032), which has
subsequently been placed on hold due to this special exception request, showing the
building addition closer than 20' to the property line.
• The addition of the drive -through facility requires a smaller building addition than what
was originally approved under SPD22-0007 and BLDC22-0032.
• Therefore, staff recommends the following conditions:
o A new site plan be submitted showing a smaller building addition to ensure the
20' setback distance is met.
o A building permit that matches the new site plan showing the smaller building
addition and the 20' setback distance.
o The revised site plan must conform to the site plan submitted with the special
exception to ensure pavement markings and additional signage for the drive -
through facility.
• All other zoning requirements will also be checked during the site plan review process.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The IC2030 Comprehensive plan highlights the importance of recruiting new
businesses to economically revitalize the city and provide services to its residents with
a goal to, "Increase and diversify the property tax base by encouraging the retention
and expansion of existing businesses and attracting businesses that have growth
potential and are compatible with Iowa City's economy."
• In the Southeast District Plan, Iowa City identifies the area's need to, "Maintain and
update existing buildings, landscaping, and other site elements to create a distinct
identity and to be competitive with other commercial areas."
o This is an opportunity for the Southeast District to enhance its commercial
competitiveness with other commercial areas in the county with the unique
characteristic of the drive -through lane for the usage of the building.
91
STAFF RECOMMENDATION:
Staff recommends approval of EXC23-0006, to allow an accessory drive -through facility in a
Community Commercial (CC-2) zone, for the property located at 1910 Lower Muscatine Road
subject to the following conditions:
• A new site plan be submitted showing a smaller building addition to ensure the 20'
setback distance is met.
• A building permit that matches the new site plan showing the smaller building addition
and the 20' setback distance.
• The revised site plan must conform to the site plan submitted with the special
exception to ensure pavement markings and additional signage for the drive -through
facility.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
Approved by: 717) . sl I+
DdIf�SRI�itzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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June 14, 2023
Board of Adjustment Meeting
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ATTACHMENT 1
Location Map
Prepared by Staff
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June 14, 2023
Board of Adjustment Meeting
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ATTACHMENT 2
Zoning Map
Prepared by Staff
June 14, 2023
Board of Adjustment Meeting
1 '1I1I1T41
ATTACHMENT 3
Application Materials
Submitted by the Applicant
FROM THE DESK OF
THOMAS MCINERNEY ARCHITECT
Date: May 16, 2023
Re: 1910 Lower Muscatine Road - Special Exception for a Drive Through Lane
Specific Approval Criteria:
a. Access And Circulation: The property was originally developed in the early 1960s
for Hawkeye Motor State Bank and a multi -lane drive -through was built in 1971. For
over 50 years the traffic layout system safely supported the drive -through. Access is
provided from the alley for both the parking lot in front and the drive -through. An
additional existing two-way drive provides convenient exiting for the drive -through
and access from Mall Drive. The proposed drive -through lane and window satisfies
the necessary street traffic capacity and level of service. There will be no significant
changes to the traffic circulation, access requirements, separation of curb cuts, and
pedestrian safety. The design for the drive -through includes the following criteria:
(1) The drive -through lane is accessed only from the alley from the south.
(2)The number and width of curb cuts serving the property are existing and will not
affect pedestrian safety since the curb cuts predates the development of paved
pedestrian paths on the site.
(3) An adequate number of stacking spaces is provided to ensure traffic safety is not
compromised. A minimum of four (4) stacking spaces has been provided as
recommended for nonfood related drive -through facilities. "Stacking spaces" shall be
defined as being twenty feet (20') in length. The width is one lane and is a one-way
drive. The paved area for the drive -though lane is existing and was used as a drive -
through lane when the property was used as a branch office banking facility.
(4) Pavement markings are provided to indicate direction of vehicular travel at each
entrance driveway. A pedestrian crossing is provided from the west sidewalk to the
sidewalk adjacent to the building. A "do not enter' pavement marking is provided at
the end of the one-way drive -through lane. These pavement markings ensure safe
vehicular and pedestrian movement.
b. Location:
(1)The drive -through lane and service window are located on a nonstreet-facing
facade.
1208 MARCY STREET, IOWA CITY, IOWA 52240 (319) 331-0365
Page 1
(2)The drive -through lane is setback ten feet (10') from adjacent lot lines and
screened from view according to the design standards listed below.
c. Due to the legacy of the property's development and the history of the site having a
drive -through for over 5 decades, the surrounding commercial character and
pedestrian circulation were substantial developed after the construction of the
original building in the early 1960s. For example, the sidewalk along Mall Drive was
built around 2007 and the alley was built originally to serve the drive -through in the
1970s. Therefore; the drive -through lane, stacking spaces, and paved area necessary
for the drive -through facility will not detract from or unduly interrupt pedestrian
circulation or the commercial character of the area in which the use is located because
the drive -through function predates their development.
(1)To promote compatibility with surrounding development, the proposed drive -
through lane has been reduced in size and scope from its original use as a bank drive -
through. The reduction to one lane ensures that the amount of paving and stacking
space does not diminish the design quality of the streetscape or the safety of the
pedestrian environment.
(2)The drive -through lane and stacking spaces are screened from views from the
street and adjacent properties to the S2 standard.
(3) One window servicing a single stacking lane is provided
(4) Stacking spaces, driveway, and drive -through window are located and maintained
to minimize potential for vehicular and pedestrian conflicts in a similar fashion as it has
for over 50 years of previous use as a drive -through service. The use of the drive -
through predates a majority of the surrounding landscape and streetscape design of
the neighborhood in which it is located. Maintaining the general location of drive -
though provides the best solution to integrate the use in the existing environment.
(5) Lighting forthe drive -through facility is limited to recessed under -soffit lighting and
shall be designed to prevent light trespass and glare onto neighboring residential
properties.
(6) (Rep. by Ord. 16-4685, 11-15-2016)
(7) Loudspeakers or intercom systems will not be provided
Sincerely,
Thomas McInerney, Architect
Page 2
FROM THE DESK OF
THOMAS MCINERNEY ARCHITECT
Date: May 15, 2023
Re: 1910 Lower Muscatine Road - Special Exception for a Drive Through Window
General Approval Criteria:
The proposed addition with a drive -through window will have cladding materials
matching the existing building. The drive -through lane will be located where an
multi -lane drive -through had previously existed for over 50 years for a bank. The
proposed drive -through single lane is a reduction in size of the multi -lane drive -
through that had existed in the past. Therefore, the proposed single lane drive -
through will not be detrimental to or endanger the public health, safety, comfort or
general welfare.
2. The proposed area for the drive -through is currently paved and the prior use of
the pavement area was a drive -through constructed around 1971 for a bank. The
proposed drive -through is located at the rear of the building and landscaping will
screen the drive -through lane from the adjacent property. The drive -through lane
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.
3. Establishment of the proposed drive -through will be similar in use as it was priorto
the change of use for the building. The development legacy of the property with a
drive -through predates most of the neighboring properties; therefore, it will not
impede the development and improvement of the surrounding properties for uses
permitted in the district.
4. The addition to the existing building is to be located over what was pavement.
Therefore, no significant changes are being proposed that will affect the location
of existing utilities, access roads, and drainage.
5. The prior use of the property included a multi -lane drive through with entry access
from the alley. The proposed drive -through is now only one lane which which will
reduce the number of vehicles that can potentially use the service. Likewise, the
existing entrances and curb cuts to the parking lot are to remain. Such measures
will maintain minimizing traffic congestion on public streets.
1208 MARCY STREET, IOWA CITY, IOWA 52240 (319) 331-0365
Page 1
6. The proposed drive -through lane shall maintain 10 feet of clearance from the
shared property line. Also, the building addition maintains the existing setback
from Mall Drive and Lower Muscatine Road.
The property is located within the Sycamore Mall/First Avenue Commercial
Corridor. The proposed drive -through shall include landscaping screening along
the drive -through lane and surrounding the parking lot. The proposed exception
will be consistent with the Comprehensive Plan of the City for the Southeast
District by maintaining and updating existing buildings and landscaping (as noted
in step 1 in taking further action in improving the district on page 28).
Sincerely,
Thomas McInerney, Architect
Page 2
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June 14, 2023
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
May 10, 2023
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
MAY 10, 2023 — 5:15 PM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT
OTHERS PRESENT
CALL TO ORDER:
PRELIMINARY
Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Paula
Swygard
Mark Russo
Sarah Hektoen. Kirk Lehmann
Shawn Harmsen, Jennifer Colville, Frank Gersch
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Carlson outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
PRESENTATION OF IOWA CITY STRATEGIC PLAN:
Council Member Shawn Harmsen presented the City's Strategic Plan to the Board. To begin he
explained about the process. City Council along with City staff and heads of various City
departments and others such as facilitators from ECICOG got together and spent two thirds of
last year working through this process with multiple special meetings and work sessions. The
process was to put together ideas of what they think the values are for the City of Iowa City and
how do they accomplish those values. What are their strategic goals and what are actionable
items to achieve those goals. They started off working through the various counselors to come
up with ideas of what their personal priorities were or the priorities that they felt were important
as they were campaigning and transitioning into being members of the Council. City staff did
the same thing and the facilitator put it all together. They had brainstorming sessions at the
beginning where they would put all these ideas up and compare them to see where some were
saying the same thing and start to build consensus. Harmsen noted while doing this they also
had to prioritize and evaluate and keep in mind the resources of the City.
Harmsen next discussed the environmental scan explaining that in this context it means looking
at not necessarily the environment in terms of climate change, but the environment of the City
and what are the opportunities and challenges regarding the strategic values, and what
overarching principles are they trying to meet to guide the strategic impact areas and action
steps. And again, keeping in mind the resources of the City, while they have some wonderful
resources they also have some challenges in that category. Harmsen stated Council has been
meeting with the various Boards and Commissions to give everybody some guidance and
insight into what Council thinks is valuable and what they're going to be using to make decisions
moving forward.
Moving on to some of the challenges and opportunities as they entered this process. Most were
Board of Adjustment
May 10, 2023
Page 2 of 21
things they were anticipating, for example increasing preemption of local control by the state
legislature, that's a challenge that Iowa City has faced for some years now and continues to be
a challenge. State property tax reform was finalized last week which they knew was coming but
are still working through with City staff on what that's actually going to mean. His preliminary
understanding is they're losing the ability to do things like the library levy and the emergency
levy. There are other sources of funding for the library but obviously this is an impact. The
emergency funding levy is something they've used to help fund initiatives stemming from climate
change. Overall, this legislation is diminishing trust in local government and how can they trust
what will be done, and this trust certainly applies beyond City government. Iowa City is the best
place in Iowa to live, but it's a long way from perfect and one of the things they have to keep
working on and recognizing is the persistent racial and income inequity challenges that this
community faces along with everybody else. They also need to get the workforce coming to
Iowa City as that's important for the City and for the businesses that operate in this community
and staff recruitment and capacity are challenges specific to the City of Iowa City. The City is
also seeing continued COVID impacts, for example office space, how much of the previous
understanding of the needs of office space in this community have changed since COVID. This
is not unique to Iowa City, just today he read an article in the New York Times about how the
available office space in New York City could fill 26 Empire State Buildings. So how should Iowa
City navigate that and what does it mean when they have major office space users in Iowa City
pulling out of their office space, what does that mean for how they zone other new areas of
growth in the City. They also have to deal with general inflation, there's some good news on that
front that it is coming down but of course that's meant an increase in interest rates, which affects
the City in other ways. Luckily, Iowa City still has this great triple A ratings bond and just last
week approved the bonding for several major infrastructure projects and got what would be
considered a pretty good rate. General inflation also affects things like the cost of fuel for
vehicles, replacement of City property, vehicles, computers, and everything. There's a pressure
on budgets, climate change, and increasingly severe weather events. Harmsen believes this is
something Iowa City is ahead of the curve on in recognizing these threats and have made
significant progress towards some of the climate goals but they have a lot of work yet to do.
They also talked about this in terms of resiliency in the communities, that's something Council
identified as an important piece of this. They can reasonably expect more severe weather
events, so how do they deal with that as a community and how can they be resilient and bounce
back. How do they plan for those things and continue to try to do what they can to combat the
larger problem of climate change, regional population growth and more demand for services.
Harmsen is definitely in the camp of growth is good and wants to see Iowa city grow and even
as fellow neighboring communities grow to look down the road a bit for grant opportunities such
as for combined transit. He stated there are certain benchmarks and population they have to hit
to be able to apply for certain things, so as the population grows it will benefit the community.
However, again with a growing community comes increases in the demand for services, which
gets back to the idea of having proper staff to meet those services. The City has outdated
facilities that need to be updated or repaired or replaced. They need to look not just at today
and not just five years down the road, but really decades down the road and plan accordingly.
Harmsen acknowledged while planning is good, there are unforeseen challenges but also
opportunities. One of those opportunities was the significant influx of federal funding from the
ARPA funds that has been given out in the community to do various projects and help various
groups of people. There is also the Inflation Reduction Act, as that gets passed down through
all the different mechanisms of government, they will be able to see what grants are going to be
available and the City can apply for. One of the things City Council did approve in the new
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budget was a full-time grant writer position to capitalize on these opportunities which will help
the community do all these things.
Harmsen next showed the Board the concept Council came up with for the Strategic Plan and
the idea of a strategy map. On the left side are the values that guide the strategy and desired
outcomes. Partnerships and engagement are a big part of what they do and one of the
wonderful things about Iowa City is the wealth of resources that many communities can take
advantage of, through the University being here or various nonprofits, Iowa City and Johnson
County have a vibrant and robust nonprofit community made up of people who are very
concerned about the missions that they hold. The City looks for partnerships with them and
ways to create that synergy between the City and these nonprofits or other groups to provide a
better outcome for the community. Climate Action is another value, he already talked about that,
so the next value is racial equity, social justice and human rights. A value of this community is
making sure that we all do better and recognize things like structural racism, structural misogyny
and those inequities that have plagued not only Iowa City, but everywhere in the country for a
long time and not only recognizing them, but also seeing ways to level that playing field.
The strategy will impact the community and how they look at housing and neighborhoods and
quality of life. They want good neighborhoods; they want housing and affordable housing. Do
they have strong neighborhoods which helps with resiliency and how do they build strong
neighborhoods and those relationships because then when something does happen, like a
weather event, it's much easier to have that on the ground, immediate resiliency. Next value is
mobility and how are people getting around the community, are they making it safer and more
accessible for people who love to bike because they have a strong biking community. How can
they make public transit better and more responsive to the needs of the community. How do
they deal with the fact that the transit ridership is feeling the long-term effects of COVID with a
lot of the ridership down, but it's coming back up. City transit is working hard to present to
Council a proposal for free ridership, which would be a huge step towards not just the mobility
goal, but also things the climate change goals by getting people to take advantage of public
transportation and not driving their cars. Harmsen next talked about the economy, obviously, the
City needs to have a robust economy and a diverse economy with manufacturing and
commercial and some office space. Iowa City still has a lot of important businesses that operate
out of office spaces. Safety and wellbeing are a value, from the fire department to the police
department to mental health liaisons, those kinds of public safety things are incredibly important
and as they look at growth, do they have sufficient public safety infrastructure. One of the
things Council is working on in medium/long term planning is adding a fire station and they
already started to increase staff a bit so when they get to the point of adding a station they have
people to man that particular station.
Continuing with resources, the City obviously needs facilities, equipment, and technology, which
are all a resource and an expense. But they need to good facilities, the new public works facility
is a great example of something that has become a way to centralize operations, hopefully
increasing efficiency, and also has some climate change with trying to make that as green of a
facility as possible. With technology one of the lessons learned in 2020 is how important
technology is even for basic functioning of government, where people can participate and watch
online and interact. Even a few weeks ago when there were warnings for more thunder or
tornado watches it was during a Council meeting and they were able to hold the Council
meeting and keep the public safe by having them access it online. Maybe not ideal but better
than having a room packed full of people with a big glass window and a tornado coming. They
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were able to meet the needs of the local government obligations as well as keep the public safe
with the ability to engage. Another resource, they need people and the City of Iowa City does
have some challenges recruiting and retaining personnel at all levels. They need good people to
offer good services to the good people of Iowa City so they have to make sure that they are
working in ways and directing staff to work in ways to be good employers. It's a good ethical
position to take both in this practical sense, but also in the City setting the bar for what they find
acceptable of how they expect businesses to behave and operate in the community. Then of
course, the challenge is the financial part as they work through figuring out the impact of the
changes on property taxes they're making in Des Moines. Harmsen acknowledged the City
administration and budget office and City manager's office do a great job and have been
preparing for this for many years. There was preplanning and emergency reserves so when
Council got to this latest session and there was a lot of discussion about big changes coming
from Des Moines, but they didn't know what was going to happen, they weren't scrambling to
make cuts because of these financial practices, they had a cushion.
Recapping values: racial equity, social justice and human rights; climate action; partnerships
and engagement. Those values represent the lens through which Council will approach their
work as well as the desired state when the work is completed. So next is how will they know
when they've had success.
In the terms of the racial justice, Harmsen recognizes this goal as always in progress, but they
should celebrate wins without ever thinking that means the job is done. When the community
celebrates and welcomes cultural diversity, they can recognize success but also can always do
more. This community acknowledges and commemorates accurate historical, cultural
perspectives, not all people in our state want to have accurate historical, cultural perspectives.
Having awareness is key but then how do they make sure that people are empowered to disrupt
that and what does that look like; it looks like different things in different situations. The systemic
barriers in policies, programs, and services are proactively addressed. So rather than always
waiting for a problem to come forward they want City staff and members of Council and Boards
and Commissions to notice and look for ways to do this better. They need to build partnerships
that facilitate equal access and opportunity in Iowa City and again, recognize these are in
progress kinds of things. Community decision makers need to reflect the diversity of the
community, so whether it's boards, commissions, other sorts of things, the more they can get
the various entities and bodies to look like a representative cross section of the community, the
better they're going to be able to do their jobs, because everyone brings different lenses,
experiences and perspectives. The richer and more vibrant they can make that tapestry of the
communities that show up in the tapestry of things like City government, the better off and more
resilient and healthier the community will be moving forward. Equity, inclusion, and belonging is
clearly identified at all City operations and activities. There may be things we do that we are not
aware of that might make other people feel excluded, those are important conversations to
have, and they need to be the kind of place where people can feel safe coming forward.
Regarding climate action, the world looks to Iowa City to copy the innovative carbon reduction
strategies. Iowa City is on the cutting edge in terms of Iowa cities that have devoted resources
to having full time staff that look at these issues and come up with different initiatives and
proposals that come to Council. Success is an innovation they can be proud of. Net zero
greenhouse gas emissions to be achieved across all sectors is an initiative and the City has
made good progress on that and are ahead of the timeline, but still need to keep pushing on.
Some of the future things they'll need to do is look at building sorts of things, for instance one of
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the big things the City was successful in doing was working out a deal with the energy company
that provides a lot of electricity for Iowa City, and to get a large percentage of that coming from
renewable sources like wind. There's lots of other things they still need to do, like make every
household prepared for extreme heat, cold and weather events caused by climate change. For
example, if there is a long stretch of very hot weather, there are people that can't afford air
conditioning, so maybe there are different kinds of things that the City can do to help them
survive. Or perhaps it's helping people over time put on things like its solar panels to help with
energy consumption. They want to have a biodiverse environment found throughout the
community, they want the children or grandchildren to have water, air, and soil quality better
than it was for us. Residents can choose to take climate action, such as riding the bus, shopping
locally and conserving energy. The City can promote those kinds of things through providing
services that are accessible, financially as well as physically. Shopping locally becomes a
synergistic sort of effect with some of the other goals because health, safety and sense of
community are improved for all.
Finally, how do they know they fulfilled the vision for partnerships and engagement, Council
believes opportunities for public input are worthwhile but some people confuse being heard with
being agreed with, so they need to make sure that they are hearing everybody, but they are
never going to be able to agree with everybody. Harmsen stated this Board is likely used to
people having varying opinions and then the Board has to make a choice. But the people that
come before us hopefully will be heard and will recognize that they have been heard through
that process. It is also important the public dialogue is respectful. One of the sad characteristics
of the public dialogue over the last several years is it seems to be getting increasingly worse but
good people should be able to disagree and not be overly disagreeable. The City must set the
tone for that respectful dialogue. Decision making needs to be transparent, that's incredibly
important as well. They live under the rules with open meetings and open records and they
need to embody that structurally, but also in the way they explain themselves in decisions. One
of the goals is that every resident is routinely reached by the City in a way that aligns with their
preferred method of communication. That's a tough one because not everybody pays attention
to the same thing, some people are avid consumers of the news, some people like radio, some
people like the newspaper, some people look for stuff online, maybe they're on Facebook or
Twitter or Instagram. Other times, maybe for some people they only see it if it shows up in a
flyer with their water bill. They need multiple ways to reach out to people, not just assuming
people will tune in and watch meetings. People are busy and neighborhoods are a source of the
grassroot community building and prosperity. Iowa City has a rich tapestry of different
neighborhoods, whether it's the north side, the south side, the east side, and various other
places, sometimes people identify in that way and it's nice that people can have that local pride
within the larger local pride of being in Iowa City and the City can help with things like little
neighborhood grants and such. Community stakeholders should trust and openly communicate
with the City. The more input the City has, the more likely they are to make good decisions.
Public/private partnerships are common and a natural component of every solution, sometimes
there are things that the public government is just better suited to do and other times a
partnership with a nonprofit is more effective.
Harmsen next discussed examples of how to carry out these values for a board or commission.
Neighborhoods and housing is the one that seems the most logical for this Board, when they
take a look at the zoning and adjustments and changes to the zoning, how does that fit into the
bigger picture. It's never quite so simple and that's why they have good people like yourselves
who are willing to donate your time and volunteer for this work. You obviously feel that there is a
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value to the community, and you want to serve your community. That's one of the ways where
that service intersects with the Strategic Plan from Council. Harmsen stated again this was just
an overview, a vision of the long term and aspirational goals of the City. What they see as
success looking like in this community and create the strategy and long-term guiding principles
for the implementation of core services. One of the purposes of this document is so City staff
have some sort of guidelines and aren't having to guess at what Council wants, and then have
the action steps on immediate and high impact items for some discretionary resources. For
example, where do they put the ARPA funds, how do they invest those into the community to
get the best outcomes for the entire community.
Swygard asked what happens to previous strategic plans once they publish a new one, for
example, Iowa City 2030, where does that stand now. Harmsen stated these are living
documents so while they spent a lot of time drafting this, it's not setting them in stone, is it a
living document and they can go back to something if the situation changes. For example, even
since they created this, and approved it at the end of last year, already some of the situation has
changed in terms of some of the state laws and that will affect what happen. Also, things from
the older strategic plans get melded into this and in the future, this plan will be the starting point
for the next round of revisions. There are new people who come on Council who every couple of
years and will probably have their own ideas about the community so they will likely update this
document. It's one of those things that can be adaptable but also gives a map to follow.
Hektoen noted Iowa City 2030 is the Comprehensive Plan and this is a Strategic Plan.
Harmsen acknowledged that's a good distinction and strategy number one in the Strategic Plan
says update Comprehensive Plan. The Strategic Plan guides the Comprehensive Plan
revisions. Also just approved in this year's budget is the hiring of a consultant to facilitate the
Comprehensive Plan review which will be a longer process, probably a couple of years start to
finish. It also is a living document and is adjusted as things change, but then is that guideline for
the entire City on how they want things to go. One of the things about that is taking a look at
how they have neighborhoods and housing. How can they look at things like neighborhoods
that are more mixed rather than the traditionall930s 40s 50s 60s 70s sort of planning where
there is a very homogenous kind of neighborhood with all the same kind of housing. How can
they do more of a mixed approach, and that is how they came up with the form -based code,
which is something that will be in the next round of the Comprehensive Plan. Harmsen stated
the Strategic Plan is the goals and the Comprehensive Plan helps guide us through those goals
down to the fine granular detail. Lehmann added the two Plans feed off of each other because
the Comprehensive Plan has a longer time vision than a Strategic Plan. Usually, it's 20 plus
years for a Comprehensive Plan, whereas a Strategic Plan is very focused on what are
immediate actions they want to do to try and reach in a broader term vision. Harmsen stated an
example of how the two Plans feed off each other is the Strategic Plan vision of each
community member having easy access to everyday facilities, a 15-minute walk or bike ride,
neighborhoods compact and socially diverse with a variety permanent, affordable housing
choices dispersed throughout the community. That is the vision or goal, so when they start to
review the Comprehensive Plan how do they adjust the zoning codes in ways that try to
accomplish these goals.
Carlson asked how they are planning to evaluate success in reaching these goals. Harmsen
replied it depends on the area. Periodically, Council gets a variety of reports on these initiatives
from City staff reporting on if they have met these goals, or not been able to meet these goals.
For some specific things like climate change there are some directives and metrics. Like for
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transportation, what's the ridership, what's the availability, what are they looking at, fares, hours
of operation, etc. Some of these things may work in tandem. As ridership increases there is
more access to workforce. One of the challenges with the public transit right now is the
difficulties with hiring sufficient drivers to have all the current routes be staffed. That's something
the Director of Transportation has been working at and has made some progress in that area.
Carlson asked what if they don't accomplish some of these things in the Plan. Harmsen replied
it depends on the goal. Was it because Council hadn't given them sufficient resources, was it an
external factor they didn't anticipate. Again, if one of the goals would have been increased
ridership in 2019, and then the pandemic hits in 2020, and staff reports to Council in 2022 that
ridership has dropped off, well they can see that's an external factor but if it's a question of
sufficient resources, then that's on Council to correct that problem.
Carlson noted there are a lot of goals in she is very interested in and would like to see them
happen. For example, Governor and Dodge Streets, and working with the State to turn those
into two-way streets again, but there was no mention of Jefferson and Market Streets. She
noted for Governor and Dodge Streets, that's an important transportation thing for a lot of
people but there are a lot of people who live along those streets and the amount of traffic, and
the speed of traffic impact the people who live there and what the neighborhood is like so
hopefully this is not a goal that slithers off into the sunset. There are a lot of goals and she
would like to know that they are revisited periodically to see how much progress they're making
Harmsen agreed and stated that is what the document is for, to hold Council accountable and
the Community can speak up if Council lets things slide or are not holding staff accountable.
Regarding the one-way to two-way streets, he remembers getting an update about that at some
point but can't give an exact answer. Dodge Street does requires reaching out to the DOT and
is not solely at the discretion of Iowa City. He acknowledged he was just in downtown Cedar
Rapids recently and was again reminded about how much easier it is to navigate without all the
one -ways that used to be there so hopefully they can get that done in Iowa City too.
Carlson noted Burlington Street was an item that was brought up and she went to a number of
meetings in the 90s and there were a lot of people who were upset about the amount of traffic
and the design of Burlington Street. It is now 2023 and they are still attempting to deal with it. At
some point in her lifetime she would actually like to see it done.
Harmsen agreed and as a Council they need to hear from members of the community.
Burlington Street again is another one that is considered a State route and so there's a lot of
dealing with the State DOT. He does believe one of the big projects that's on the horizon is
replacing the Burlington Street Bridge. He doesn't know how far on the horizon it is or whether
that will be an opportunity to look at some of the options for Burlington Street. Also the Gilbert
Street Bridge is supposed to be done this summer and that will affect traffic, but that's always
the case in having to maintain infrastructure, there's going to be some inconvenience.
Swygard stated this is a visioning process, and he talked about office space and how the use of
office space has changed and the University announced in April that it's moving towards some
aspects of a meta -university concept with interactive spaces, virtual reality for online classes,
that takes it a step above zoom. It's the first Big 10 University to make that announcement and
that they're going with this company to develop and enhance their digital learning opportunities.
Students today still face the same challenges that others have in the past, tuition costs, housing
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costs, etc. and all of those things impact their decision on where to go to college. The meta -
university concept is going to erase some of those barriers and that physical location of having
to be on a campus real time. Maybe a student can't actually physically relocate here but they
could become a virtual reality student in this meta -university concept and as a professor and as
a member of City Council, have they begun to look at those impacts that could happen in Iowa
City, especially with the need for actual on campus student housing, or even within Iowa City
housing, as these universities, if the vision holds up, transition to a virtual reality experience.
Harmsen replied he had not heard of this meta -university, and wondered if it was the same
Meta as the Facebook company. Swygard replied they are the parent company and are
associated with that but this company is out of Davenport created by a former state senator.
Harmsen will have to do some research on this, it'll be interesting to see, Iowa City certainly has
a lot of pressure on housing, and housing for students is a big pressure on the entire housing
market. Seems like something like this would take awhile to create so he imagines any big
changes might be a way down the road, but it'd be awesome to see how it may change the
game for higher education.
Swygard stated technology changes fast, and she would encourage City staff, planning staff,
and Council to at least start to put this on their radar understanding they are not planning for 50
years in the future but 50 years ago, the student housing options were not anything like what is
being developed today with swimming pools and spas and exercise rooms, so it would be worth
their time to check into it and think about how it will impact the housing needs for Iowa City.
Harmsen thanked the Board for having him and for the discussion.
SPECIAL EXCEPTION ITEM EXC23-0004:
An application submitted by Jennifer Colville and Miles Pufall (Porch Light Literary Center)
requesting special exceptions to allow a religious/private group assembly use in a
Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements
at 1019 E. Washington Street.
Carlson opened the public hearing.
Lehmann stated the Porch Light Literary Center is requesting a special exception for a private
group assembly use in a Neighborhood Stabilization Residential zone, in the College Hill
neighborhood, a residential area east of downtown. The building is at 1019 East Washington
Street which was a single-family home that was converted into four one -bedroom apartments
with two on the first floor and two on the second floor. The proposed conversion to this group
assembly use would be for the two apartments on the first floor.
In terms of surrounding uses, it's in a residential area and this property and the properties to the
east and the west are all zoned Neighborhood Stabilization Residential in the single-family zone
(RNS-12), and they also have a Conservation District Overlay (OCD) as part of the College Hill
Conservation District. To the north and the south there is the base zone of RS-8 or medium
density single family residential, the property to the north is also in the OCD zone and the
property to the south is in a Historic District Overlay.
In terms of the property, this conversion has been around for a long time, at least since the
1970's and then the Neighborhood Stabilization zone was applied in 2000. The purpose of the
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Neighborhood Stabilization zone is to try and stabilize existing residential neighborhoods by
preserving its predominantly single-family residential character. There are provisions in this
zone that prevent the conversion or redevelopment of single family uses to multifamily uses, but
those that already exist at the time it was applied are allowed to continue as a conforming use
so that includes the subject property. The Conservation District Overlay was applied in 2003 as
a contributing structure in the College Hill Conservation District, the OCD overlay zone means
that if there are exterior changes to the property that require a regulated permit it would have to
go through a historic review which may include going before the Historic Preservation
Commission. There are no proposed exterior changes as part of this application, this is strictly a
change of use from the two multifamily uses on the ground floor to private group assembly.
Lehmann explained the applicants are both members of the ownership entity and helped to
incorporate the nonprofit Porch Light Literary Center that would occupy the first floor. The
applicants purchased the property in 2021 with a goal of using the ground floor as meeting
space for literary events and facilities for nonprofit use, which is classified in the zoning code as
a private group assembly use. Private group assembly uses require a special exception in an
RNS-12 zone. Once the two dwelling units on the ground floor are converted to private group
assembly use, they couldn't be converted back into multifamily use. The multifamily use on the
second story is also affiliated with this nonprofit, but they're allowed to continue as multifamily
uses and do not have to be affiliated that nonprofit. In the application they mentioned using the
second -floor multifamily units as artist residences. Again, the multifamily uses are allowed to
continue as they were multifamily uses prior to the Neighborhood Stabilization zoning.
In addition to the special exception for the conversion of the use, the applicants are also
requesting a special exception to reduce side and rear setback standards that apply to private
group assembly uses. There is a provision within those specific criteria that lets the Board adjust
those setbacks standards at the same time. Lehmann noted the applicants have been working
with staff to try and bring this property into conformance with the zoning code. On April 30 the
applicants held a voluntary Good Neighbor Meeting and had an opportunity to speak to the
neighbors and those materials were included in the agenda packet.
Lehmann next showed another aerial view of the area, he pointed out the parking in the rear off
an alley and that the property is set back unusually far because it is a historic property built
around 1893. Because they are just replacing the use, the parking would remain the same and
the rest of the site characteristics would also remain the same. The setbacks are about 74 feet
from the front lot line, about 20 feet from the east lot line, 15 feet from the west lot line, and then
just over 30 feet from the south lot line. Lehmann showed more pictures of the property noting
there's quite a bit of slope and it's set back far along with the adjacent properties and there's
quite a bit of mature trees as well on the property.
The role of the Board is to approve, approve with conditions or deny the application. To
approve it must meet all specific standards pertaining to the waiver requested, again for a group
assembly use in an RSN-12 zone, in addition to setback reductions, and then also the general
standards that apply to all special exceptions.
The standards for group assembly uses are located at 14-4B-4D-17 and the first is enhanced
setback standards which are a front setback of 20 feet, side setbacks of 20 feet and a rear
setback of 50 feet. The building currently is set back more than 70 feet from the front lot line
and the side lot line to the east is more than 20 feet, so those two sides meet the requirement.
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The side lot line to the west is only 15 feet and the lot line to the south is only 30 feet, so those
two do not meet the requirements. Because this is an existing building, the applicant has
requested setback reductions for the west side and rear setbacks.
The next set of standards is whether it is designed to be compatible with adjacent uses
considering different factors, including traffic, noise, etc. The criteria itself states that the Board
may impose additional conditions with regards to whether it's designed to be compatible with
adjacent uses. The proposed use is a nonprofit literary center, it would have space to access for
its members to write and hold workshop sessions or readings. Because it is a private group
assembly use, it is primarily intended for use by its membership and typically restricts access to
the public. Additionally, it can't be rented for commercial office uses or for events held by the
general public. The proposed use would be in an existing home that was built in 1893 and any
exterior alterations in the future, because of the OCD zone, would have to go before historic
review. The physical characteristics of the existing historic building, things like scale, setbacks,
landscaping and paving, are compatible with surrounding residential uses and have been
existing for a long time. No exterior changes are proposed as part of this application. In terms of
the use, it would replace the two dwelling units on the ground floor, and again once those are
converted to this use, they would not be able to be converted back into multifamily uses. In
terms of the actual use of the space, the applicant has indicated that the number of persons per
workshop is restricted to 12 with occasional readings of up to 30 people utilizing both indoor and
outdoor space. In the agenda packet there was a photo of an example of what it looks like when
there's folks on the lawn in the front and with people reading from the porch. However, with
group assembly uses, the parking standards are calculated based on the largest room within the
space and within this building the largest room, referred to as the parlor in the application, which
has an occupancy of 25 people. To ensure that traffic and parking remain consistent with the
building occupancy staff does recommend a condition that if there is an event that just uses that
indoor space it should be limited to no more than 25 people, which is consistent with that
parking standard on the site. With that condition staff believes this criterion is met.
Moving on to the next standard which is related to large parking lots that can seriously erode
single family character zones, and therefore parking above the minimum should be carefully
reviewed. The proposed use does require a minimum of six parking spaces and four of those
are required by the private group assembly use with two required for the one -bedroom
apartments on the upper story. The property contains seven existing off street parking spaces,
accessed from the alley, six of those are the surface spaces accessed directly from the alley
and the seventh is theoretically in the carriage house but isn't used for parking currently.
However, Lehmann stated all those spaces are existing legal non -conforming spaces that would
count towards that parking standard. With this application, there is no proposed expansion in
terms of parking. There is also on street parking available on one side of East Washington
Street to the north and also on one side of Summit Street, which is nearby. Using the existing
parking, staff believes this criterion is met.
The next standard is related to adverse effects on the livability of nearby residential uses
considering a few different impacts such as late -night operations. The building is 15 feet from
neighboring residential uses, so staff believes it provides adequate separation to mitigate most
adverse effects. It is zoned RNS-12, a residential zone, so it has to comply with some enhanced
noise standards that are part of the code which generally prohibits noise across property lines
between 10pm and 6am. That being said, staff has a few conditions they recommend to help
mitigate noise and late night impacts. First is that there be no outdoor events that occur
Board of Adjustment
May 10, 2023
Page 11 of 21
between 10pm and Gam, mirroring the noise restrictions, and then also that amplified sound is
not allowed outside, so no using a microphone on the property and just use natural volume if
they are doing a reading on the porch, for example. In addition, with regards to glare, this
property is subject to enhanced outdoor light standards that are part of the zoning code to help
mitigate glare from lights. Again, if there are exterior changes those would have to go through a
site plan review because this would not be considered a single-family property. Lehmann noted
with this application there are no outside changes requested. In terms of odors and litter, due to
the relatively limited extent of the use, staff doesn't anticipate any issues beyond what would be
expected with the existing uses that were on the site. With those conditions regarding late night
operations and amplified sound restrictions, staff finds that this criterion is met.
The next standard allows an existing use to get a minor modification without a special exception
to expand within a certain limit. However, this is a new use so a special exemption is required.
The final special exception standard for group assembly uses is if it's in a residential zone or
central planning district, it must comply with multifamily site development standards. This
property is in a residential zone in the central planning district, so it does have to comply. The
existing building meets most standards, but it doesn't meet all standards. Specifically, the
standards it doesn't meet are related to surface parking and detached garages, it also doesn't
meet standards regarding building materials. Those are things like setbacks between parking
areas and adjacent properties, screening between parking areas, screening between parking
areas and ground floor windows on the subject property, window and door trim requirements
(because the trim in some cases are two inches rather than three inches) and doesn't have a
durable base that's two feet along the entire property because the foundation is on a sloping
site. Lehmann noted however, all of these non -compliant features are legal non -conforming
elements, most are considered development features, but some are considered structural
features. So as long as that degree of nonconformity is not increased, they are allowed to
continue as they are and with no changes to the site or structure being proposed, none of those
are being extended. Again, if there are exterior changes, they are subject to historic review
because of the OCD zone. Therefore, with these findings staff believes this criterion is met.
Next are the specific standards regarding adjustments to principal setback requirements found
at 14-2A-4B-5b. First, that the situation is particular to the property in question. Again, there are
existing setbacks that are less than the standards required for group assembly use, but they are
over the minimum for most uses within the zone. Since it is an existing building with setbacks
that were built prior to the zone, staff believes this is a peculiar situation for this property.
Second is that there's practical difficulty complying with the setback requirements. Because this
is an existing building the only way to comply would be to chop off portions of the building or to
move the building itself. Staff believes that constitutes a practical difficulty.
Third is that it will be contrary to the purpose of the setback regulations. Lehmann explained the
minimum setback standards have several purposes that include maintaining light, air,
separation for fire protection, and access for firefighting; provide privacy between dwellings;
reflect the general building scale and placement of structures in the neighborhood; promote a
reasonable physical relationship between buildings and residences; and finally provide flexibility
to a site with regards to how it works with buildings in its vicinity. Again, the existing building is
set back further than typical uses and exterior changes are subject to historic review. Staff
believes that reducing the side and rear setbacks would continue to meet the intent of the code.
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May 10, 2023
Page 12 of 21
Fourth is that any negative effects are mitigated to the extent practicable. It's an existing
building so staff doesn't believe that any mitigation is required.
Fifth, that it's no closer than 3' to a property line and it's not
Next Lehmann reviewed the general exceptions that are required for all special exceptions,
found at 14-413-3. The first is related to public health, safety, comfort and general welfare. To
reiterate, this is an existing converted single-family home, the building and site are compatible
with existing uses and no exterior changes are proposed. Any future exterior changes would
need to be approved through historic review. The use itself would be used for members to
write, host workshops or work sessions, and host readings. Staff believes that because it's a
private group assembly, that mitigates some health and safety impacts, specifically because it's
intended for use by its members and access to the general public is typically restricted. The
space can't be used for commercial office uses or for events held by the public. If there are
future changes, life and safety standards are typically reviewed as part of that process.
Additionally, this use would provide a unique amenity for the neighborhood and community,
which staff believes improves general welfare, so staff believes this criterion is met.
Second is that it doesn't negatively impact surrounding properties or impact property values.
The existing building is compatible with surrounding uses and there are no exterior changes so
it maintains that historic appearance of the property, which staff believes enhances property
values and the enjoyment of neighboring property owners. With the staff conditions
recommended, staff believes those will help mitigate any potential negative effects on
surrounding property, so with those conditions, staff believes this is met.
Third is that it won't impede development of surrounding properties. This is a fully developed
area and it's an existing building that is setback from adjacent properties more than most uses
within the zone. Again, with conditions as recommended, staff doesn't believe there would be
any impacts on surrounding properties.
Fourth is that it has adequate facilities and services. Because it's an existing building, all those
services are established, so this is met.
Fifth is regarding ingress or egress to minimize traffic congestion on public streets. There are
two access points to the property, one is along East Washington Street and the other from the
rear alley, which exits onto South Summit Street or Muscatine Avenue and that accesses the
parking area. There are no changes being proposed to the street, alley or sidewalks. It is also in
a pedestrian oriented neighborhood near downtown and easy to bike to, and it's less than 300
feet from a bus line, so it has good access for non -vehicular means as well. The applicant has
indicated that events will be limited in terms of number of people that can attend and with
conditions recommended, indoor events would also be limited to 25 attendees. All these things
help mitigate traffic impacts. Staff does recommend an additional condition with regards to
bicycle parking, in this case it's an existing use and doesn't comply with the minimum bicycle
parking requirements. That is something that wouldn't be required to be added unless the use
was expanded but in the Good Neighbor meeting someone mentioned it would be great to have
bike racks which makes sense in terms of mitigating traffic impacts. Therefore, staff also
recommends a condition that the subject property be brought into compliance with minimum
bicycle parking standards which would require adding four bicycle parking spaces. So with that
condition, on top of the conditions regarded to occupancy, staff believes this criterion is met.
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May 10, 2023
Page 13 of 21
The sixth criterion is that it meets all standards for the zone in which it is located. Lehmann has
talked a lot about how there are some existing conditions on the property that don't meet the
standards, but otherwise it generally meets all other standards. Additionally, it will be brought
into greater compliance with standards with the proposed condition about adding minimum
bicycle parking or four bicycle parking spaces. Any future changes, if there's expansion, are
typically things that require compliance with various site elements. Otherwise the structure is
allowed to continue as it is, as long as the use within it isn't expanded or the building isn't
expanded. If there are future changes, that's typically when staff would review if any non-
conforming elements need to be brought into compliance. With conditions recommended, it is
being brought into greater compliance with the zoning code and so staff believes this is met.
The final general standard is compliance with the Comprehensive Plan. The Future Land Use
Map in the Comprehensive Plan shows this area as two to eight dwelling units per acre. The
Central District Plan shows it as Single -Family Residential Stabilization, which is to prevent
further conversion of single-family residences to multifamily. There are also some other goals in
the Comprehensive Plan related to arts and culture uses , it supports new arts and culture
venues and enhancing access by supporting nonprofits engaged in art programming. With
regards to the Central District Plan, it wants to make it an attractive place to live by supporting
efforts of community organizations to create a sense of identity and neighborhood pride through
arts. This application would convert two multifamily uses into a literary nonprofit, so it supports
several of those goals and it is a use that is compatible with surrounding neighborhood
residential uses. Therefore, staff believes this meets the intent of the Comprehensive Plan.
Lehmann next discussed the Good Neighbor meeting and public comments. The bicycle parking
was brought up in the Good Neighbor meeting, and some other things mentioned were
handicap access which can be difficult from the front because of the change in elevation on the
front property line but it was noted that the back is more accessible. It was noted that parking
could be a challenge for the site, they said that it's been better lately, but depending on who's
living where and how many cars they have, it can be a challenge because there is only parking
on one side of the street. Staff also received three comments from neighbors in support of the
use, one of those was submitted as part of the agenda packet and the other two were submitted
late and forwarded to the Board.
Staff recommends approval of EXC23- 0004, to allow a Religious/ Private Group Assembly use
in a Neighborhood Stabilization Residential (RNS-12) zone, and to allow side setback
reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at 1019 E.
Washington Avenue, subject to the following conditions:
1. No more than 25 persons may attend an event that is held inside the portion of the building
dedicated to the private group assembly use.
2. No outdoor events shall be held between the hours of 10:00 p.m. and 6:00 a.m.
3. No exterior amplified sound shall be allowed outdoors.
4. Within 6 months of the date a decision by the Board of Adjustment is filed with the City
Clerk, 4 bicycle parking spaces shall be installed on the subject property in compliance with the
standards of Article 14-5A of the Zoning Code. Upon written request and for good cause
shown, the Board may extend this deadline without further public hearing on the merits of the
original application.
Carlson asked about the hours of 10pm and 6am for no noise and if that is typical for all
neighborhoods. Lehmann confirmed that's the time at which no noise is to cross property lines
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May 10, 2023
Page 14 of 21
for all residential neighborhoods. There are some exceptions like construction, but because it's
a set standard used citywide staff felt that timeframe was appropriate for no outdoor events.
Carlson asked about the specifics of a bike rack, if one is installed does it need to be on
concrete or what are the physical requirements for a bike rack. Lehmann stated there's a set of
criteria in the off-street parking and loading standards as to how bike racks need to be
constructed. There are minimum sizes for bicycle parking spaces, they have to be constructed
of concrete, or some sort of manufacturing paving material, there is an opportunity where the
building official may permit the use of rock or gravel for bicycle parking if edging material is
used, but bicycle parking areas must be clearly demarcated. They also have to be designed to
support the bicycle by its frame, they have to be set back a certain distance from the edge of the
pavement or the edge of that parking area, and they have to be in a clearly designated safe,
visible and convenient location. Additionally, that location should not impede pedestrian or
vehicular traffic. There is an opportunity for bike racks to be within the front setbacks or side
setbacks in the zone. If it is placed in a parking area, the bicycle parking area can be no more
than 25% of the required setback area being paved. In this case, the existing rear alley and rear
parking area is one of the ways that this doesn't comply with existing standards, it's gravel, but
it's an existing area so that the City is not requiring that they pave that area and it may be
appropriate for gravel in the bicycle parking area with edging materials. All of that would be
determined once they submit plans for the bicycle parking to the City and depending on how
they are installing it, it may require a building permit.
Carlson asked if they have to adhere to setback standards from the property lines. Lehmann
replied they would have to adhere to setback standards and in this case it may be somewhat
within that setback area for bicycle parking, as long as it's less than a certain percentage.
Carlson asked given the layout of the property, asked how difficult will it be to have this bike
rack put in. Lehmann said they've discussed it with the applicant and they are comfortable
installing the bike rack.
Baker noted since this is a single-family residential zone, dwelling units converted into the
proposed use, they would not be able to become dwelling units again. So if this property is sold
in the future, the new owner would not be allowed to have those downstairs units. Lehmann
stated the upstairs units would still be able to be rented to whoever, the downstairs would have
to be converted to a different use that's allowed within the zone. Baker asked if a new owner
come back and try to get an exception to reinstall the dwelling units. Lehmann stated no, the
downstairs dwelling units would be gone permanently.
Baker stated regarding the standard of 25 people at an event and that being based upon the
internal space of the parlor, if they have outdoor events are they restricting any outdoor event to
only 25 as well. Lehmann replied no because with an outdoor event they can expect some
passerby traffic to join it and it would be hard to limit an outdoor event compared to an indoor
event. Baker stated that seems contradictory, the standard is set on an indoor standard and
limiting the number of people that the house can accommodate based upon traffic concerns but
there are no concerns about a larger event outdoors, assuming there's not going to be any
additional traffic problems created by a larger event outdoors. Lehmann acknowledged there
could be additional traffic generated but staff didn't believe that was an issue and didn't feel like
they needed to incorporate that in the recommended condition. However as the Board, if that's a
concern, can add a condition to say 25 occupants period and then they would have to strictly
Board of Adjustment
May 10, 2023
Page 15 of 21
regulate outdoor events as well as indoor events
Baker noted so unless it was spelled out there would be no limit on outdoor events. Hektoen
stated what would limit outdoor events is the general nuisance ordinance and someone could
call up and say they're disturbing the peace and it would be checked out. Lehmann stated it
could also be a parking concern. Baker stated it just seems inconsistent to ignore the possibility
of larger attendance so his personal preference would be to increase the allowable number
indoors. Hektoen noted there's fire code that might also be applicable.
Lehmann explained the parking standard is based on the largest room, so there's a higher
occupancy for the total space compared to just the largest room within the space. If they
increase the occupancy, it likely wouldn't be a fire issue, but they would have to do their due
diligence on fire code standards. This condition recommended was strictly based on that
largest space because in terms of group assembly uses it is assumed everyone is in the same
space so that's what the parking is based off, not off of the entire space of the building. In this
case it is based off the largest room as that's where they're going to have the most people
gathering, presumably, for a single event.
Baker noted it seems odd that they're using a standard to restrict indoor parking limits but
ignoring the standard for outdoor numbers. Lehmann reiterated staff wasn't concerned for
outdoor events, as much as indoor events.
Baker asked regarding the noise restriction times and no outdoor sound amplification does that
literally means never any outdoor sound amplification for this use. Lehmann confirmed that was
correct.
Carlson noted this is supposedly a nonprofit, a group asking for this, and if they're having an
outdoor event, a poetry reading on the porch, and other people from the sidewalk or the street
gather then it is a public gathering/event. Lehmann agreed that the way that it's classified is it is
typically restricted to the public so if this became a situation where every day from eight to five
the public was coming in, that would no longer meet this use classification, it would become a
different use, and a zoning code violation. However, as long as it was primarily intended for the
membership of the group, those who come there to write and read and host their workshops,
then that would be just fine, as long as it's typically restricted public.
Baker asked can the group not invite the public to a reading. Lehmann said they can invite the
public to a reading. Hektoen noted there's a distinction between invitees and the general public,
as long as it's an invitee, someone who was there at the request of the organization, that would
be allowed.
Jennifer Colville (121 Richards Street) has prepared a statement and then will address
questions afterwards. She will give a little bit of history of the organization, how it came to be,
and the organizations that are a part of it. First Colville thanked the Board for considering their
request to be zoned as private group assembly. Through this application process she has
learned quite a lot and it's been a great opportunity to dive into Iowa City's Comprehensive 2030
Plan for development, as well as an opportunity to meet more of her neighbors and find out how
they can provide their services while maintaining good relationships and fostering new ones.
Colville stated they plan to follow all the stipulations put forth by City planning staff regarding
timing and noise reduction, as well as to install a bike rack. Two of Porch Light's programs,
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May 10, 2023
Page 16 of 21
Prompt Press and the Free Generative Writing Workshop have existed in the community for 10
or more years. Through those programs, she gained entrance into the Iowa City Downtown Arts
Alliance, where Porch Light's goals and missions grew out of discussions about how to make
Iowa City the greatest small city for the arts. To achieve a vibrant, inclusive city of the arts, it
became clear they needed to work toward providing affordable housing for artists, providing
excellence in artistic culture and programming outside of the university, and creating programs
where the arts can be integrated into social services, and the overall health and wellbeing of the
community. Porch Light has been in operation for almost two years and are hitting those goals
and with this new designation they just hope to continue on their path with the added support of
the City and neighbors.
Baker asked how they define membership, how is it organized, how is it restricted, and how
many members do they have. Colville replied they are in the process of switching to a co-op
model and are basing that on the Iowa City Press Co-op. For those not familiar it's a part of
Public Space One and they've done a fabulous job of creating a community there where the
members build the product and the programming. Right now she doesn't know if she could
organize more than 25 members. There will be committees and they'll be organizing themselves
but they have about 12 members right now. They have many more people who've come to their
events because they partner with a lot of different arts organizations within the community.
Regarding what kind of crowds they draw, Colville stated the biggest events that they've had
weren't over 30 people. Baker asked if that was indoors events. Colville replied that was
indoors and outdoors and what they do is open up the two doors of the salon area that both go
out onto the porch so people were mingling on the porch and indoors.
Baker stated his concern is not with the organization, he just finds the rationale for restricting
events to be contradictory, the program itself is terrific. When they're using space, beyond the
parlor space and including the porch, there is a lot more room than just for 25. Colville
acknowledged there is a lot of space, they hosted a reading for the Young Writers Program,
Stephen Lovely at the university does it, and he held his end of the semester reading there. The
students read from up on the porch and everyone sat on the grass and that was about 30
people. Baker asked if they used microphones for that event or for any events. Colville replied
they did use a microphone then because without the microphone it would have been harder to
hear them. She stated though they are also happy to have readings up on the porch and not
use a microphone. They used the porch as a kind of pedestal, but that is not necessary for the
kinds of crowds that they will likely draw. The first reading they hosted was Melissa Pheobos
from the university and she sat in the corner of the porch and there were about 25 people there
on the porch with her and on the porch one can project without a microphone. Colville said they
are okay without using the microphone.
Baker would like to give a lot more flexibility as to the number of people involved but he has
zero tolerance for amplified sound that carries outdoors and that goes back 40 years. The
reason this town had a noise ordinance is because of him a long time ago. So if they can use
the space within increased crowd over 25 he doesn't have any problem with that, but to make
sure that the sound is not an issue. Baker asked if Colville agrees with all these
recommendations staff has made and could live with the 25 as a restriction on the indoor
events, even though they're using more space than just what the 25 is based on. Colville
confirmed they have agreed to all the staff recommendations.
Colville asked if it is an event where the doors are open, so people are both on the porch and
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May 10, 2023
Page 17 of 21
inside, then it can be more than 25 correct. Lehmann concurred the way that it's written is that
as long as they're using both the indoor and outdoor space, the 25 limit would not apply, it
would only apply to indoor only events, such as in the winter. Hektoen noted they could have
30 people on the lawn and 25 inside that will be consistent with this.
Swygard asked who owns this property. Colville replied that she owns it with her husband.
Swygard then had a question about the carriage house, is it essentially a garage and is it being
used for parking now. Colville stated right now it is being used for storage but it could be used
for parking if they need it.
Swygard asked if in their visioning process, since they're talking about visions tonight, do they
ever anticipate developing the carriage house as a use for readings or workshops. Colville
stated they would love to but don't have the money to do the renovations at this point. In general
they have thought about it, when they bought the property they thought the extra carriage house
could be useful in some way in the future, whether it's for readings or whatever, they would
definitely work with the City to see what it could be used for or what uses were acceptable.
Lehmann noted it may be something that would require a special exception again, or historic
preservation involvement if the exterior was impacted and likely have a building permit. If they
are expanding the group assembly use that would require a special exception.
Carlson asked what their membership goal is. Colville stated their membership goal right now is
just 25, that's all they could handle. They feel 25 is the appropriate amount because when they
talked with the Iowa City Press Co-op, they have a similar space and they usually have between
25 and 30 members. Currently the Porch Light Literacy Project has 12 members, so room to
grow. Carlson asked how they go about getting new members. Colville stated they haven't
done that yet, because they were waiting for this special exception, but if they are granted this
they will do a membership drive and look for new members.
Carlson asked how often they plan to have events or workshops. Colville explained right now
they have four programs, three of them happen once a month. The first is the Free Generative
Writing Workshop that meets the third Sunday of the month and that one that draws the biggest
group, but it's hybrid so people can join online. They've been getting up to 20 people because
it's been in the community for about 10 years. The second one just started and is called the
Long Project Check -in and it's a support group for writers in the community who are working on
projects over 30 pages. They meet once a month, maybe the third Saturday, for two hours, and
they've had six people at the most for that. Third is Care & Spark, which is another support
group/salon where any kind of artist can come and share stories about managing or not
managing being an artist. It's also a little networking group and a way to provide community for
what can be an isolating job of being an artist and a parent. That group meets the first Saturday
of every month.
Hektoen noted the application and the recommendation isn't tied to these kinds of specific
details. Carlson just was interested in how much activity is going to be there and how big are the
groups that are going to be there and is it appropriate for a residential area.
Colville noted they also do a workshop every week that goes to a shelter, the Fairweather
Lodge, where people have gone through some rehabilitation and are ready to launch out and
find housing. Her partner and her designed this and they go every week but also facilitate
writers in the community who are interested in doing this kind of community service. In terms of
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May 10, 2023
Page 18 of 21
the other things like readings, Colville stated they are hoping that once they get more members
that the members will decide to do readings or teach a workshop, but that is all still a little bit up
in the air. As for the readings, she doesn't imagine the readings will be big readings, more of an
intimate kind of invite, friends and such.
Carlson asked will the house be open for drop -ins or is it going to be open only when there are
event. Colville stated they are hoping to have community hours between 11 and 3 on
Saturdays, that's what they have been doing. When they have those community hours they
usually get maybe one person to stop by every Saturday.
Swygard asked if they've ever had a larger group of any kind and how did they handle that, do
they find other spaces within the community to host the event. Colville replied that's a great
idea, but they've never had had it happen where that many people have registered to need a
bigger space. Swygard asked if all events require registration. Colville confirmed it is required
so it gives them an idea of who might be coming.
Carlson asked about the bike rack and where the plan is for it to go. Colville stated it will be put
it in the back and maybe install a sign up at the front that says bike rack in the back. They are
more than willing to put in the bike rack because one of the reasons they chose this location is
that they hoped people bike and walk to the location.
Frank Gersch (1041 Woodlawn Avenue) lives about a block away from the Porch Light house
and has lived there for 20 years. They moved over there because his old neighborhood on
College Street was so noisy and he hates noise too. He has been observing Porch Light for two
years since they moved in and they've done a really great job. It was kind of a rundown property
and they put a new roof on and it was painted solid white, he doesn't think the landlord painted it
even once in the last 20 years. It's an 1893 house with really great trim so the white really didn't
do it justice, it requires different trim colors and Porch Light painted the trim a kind of whimsical
turquoise color, but it does emphasize the trim and makes the house look more like it should
have looked back in 1893. They also did a lot of landscaping in the front yard, bushes, flowers
and to him that's all an expression of goodwill and that they are willing to invest and willing to
make things better. Gersch stated probably every day he walks downtown or walks around the
neighborhood with his dog at all different times through the day and has never noticed anything
noisy going on there, no parking problems, no crowds. There was one meeting on the lawn last
summer with maybe 30 or 40 people there outside on the lawn. Gersch was walking on the
other side of the street and couldn't hear what they were saying. He could tell it was a reading
due to applause every now and then, but this was about six o'clock at night and it wasn't loud
and would not have disturbed him if he lived across the street there. The Porch Light Literary
House is in keeping with the idea of Iowa City as a city of literature. He hasn't been to any
events there, but his wife has been to two as she's a writer and went to the Writers Workshop.
Overall, he thinks it's a good thing and is in favor of the exception.
Carlson closed the public hearing.
Baker moved approval of EXC23-0004, to allow a Religious/ Private Group Assembly use
in a Neighborhood Stabilization Residential (RNS- 12) zone, and to allow side setback
reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at
1019 E. Washington Avenue, subject to the following conditions:
1. No more than 25 persons may attend an event that is held inside the portion of the
Board of Adjustment
May 10, 2023
Page 19 of 21
building dedicated to the private group assembly use.
2. No outdoor events shall be held between the hours of 10:00 p.m. and 6:00 a.m.
3. No exterior amplified sound shall be allowed outdoors.
4. Within 6 months of the date a decision by the Board of Adjustment is filed with the
City Clerk, 4 bicycle parking spaces shall be installed on the subject property in
compliance with the standards of Article 14-5A of the Zoning Code. Upon written
request and for good cause shown, the Board may extend this deadline without further
public hearing on the merits of the original application.
Swygard seconded the motion.
Baker has one suggestion for one change in the conditions, on number one where it says no
more than 25 persons may attend an event that is held inside the portion..., he would like to
suggest it say no more than 25 persons may attend an event that is held exclusively inside the
portion of the building dedicated to the private group assembly use. The reason for that change
is it more clearly allows a larger crowd outdoors and the restriction of 25 cannot be
misinterpreted to include any other event, just the events held inside that space.
Hektoen thinks that creates some ambiguity with regards to events that are held both in and out
and they need to be clear that even if they're holding an event inside and outside, they can't
pack 80 people inside the house, only 25 can be inside. If it's an event that is in and outside,
how many people are allowed inside, they want a limit of 25 people allowed inside. Hektoen
doesn't think the word exclusively as a modifier in that location solves the problem, but she can
work on finding more appropriate language.
Baker stated are they back to the implicit understanding that they can have more people as long
as it's not just in that room, is that clear from this language without any changes. Hektoen stated
there's no restriction on the number of people that can be outside. if there's 40 people at the
party, only 25 can be inside.
Swygard is okay with it as is, it's understood that can be only 25 inside.
Baker said as long as it's on the record that they have an understanding that this does not
restrict outside attendance, he withdraws his recommendation.
Swygard stated she thinks this does help stabilize the neighborhood and is a good infill use.
They often talk about infill development in the City, revitalizing neighborhoods with new
construction, and this is a good infill use of an existing building and supports the strategic plan,
and the city of literature, and so she is in support of it.
Carlson lives not too far from this and wants to see College Hill being recognized more as a
neighborhood and this would be a great step toward it. She just wants to make sure that it
doesn't get so out of hand that it becomes a problem. This morning on public radio they were
also talking about a writer's thing in Okoboji, these types of things right now are very popular.
There was a writer's house over on Davenport Street for a long period of time, which is no
longer there so it would be great to see one in the neighborhood. She is concerned and doesn't
want it to become a problem and therefore limit other types of things like this happening,
because it would be great to have things like this in the neighborhoods downtown.
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May 10, 2023
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Hektoen suggested the language of occupancy shall be limited to 25 people inside the portion of
the building dedicated to the private group assembly use.
Swygard stated while it could happen, she really doesn't see a group of writers becoming
groups that will create problems. These are not for parties, they are for readings.
Carlson thinks this is a great idea and wants it to be successful.
Swygard stated regarding agenda item EXC23-0004 she does concur with the findings set forth
in the staff report of meeting date, May 10, 2023 and concludes that the general and specific
criteria are satisfied, so unless amended or opposed by another Board member she
recommends that the Board adopt the findings in the staff report for the approval of this
exception. Baker seconded the findings.
Baker amended the motion to approve the recommendation by changing the language of
condition number one to occupancy shall be limited to 25 people inside the portion of the
building dedicated to the private group assembly use.
Swygard seconded the amendment.
A vote was taken and the motion passed 4-0.
Carlson 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.
CONSIDER THE APRIL 12, 2023 MINUTES:
Baker moved to approve the minutes of April 12, 2023. Swygard seconded. A vote was taken
and the motion carried 4-0.
CONSIDER THE APRIL 19, 2023 MINUTES:
Swygard moved to approve the minutes of April 19, 2023. Baker seconded. A vote was taken
and the motion carried 4-0.
BOARD ANNOUNCEMENTS:
Lehmann stated there may be a meeting June 14 and he'll let the Board know by Monday, if not,
then the next meeting is July 12.
ADJOURNMENT:
Parker moved to adjourn this meeting, Baker seconded, a vote was taken and all approved.
Board of Adjustment
May 10, 2023
Page 21 of 21
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023
NAME
TERM
EXP.
318
4/12
4/19
5/10
BAKER, LARRY
12/31/2027
X
X
O/E
X
PARKER, BRYCE
12/31/2024
X
X
O/E
X
SWYGARD, PAULA
12131/2023
X
X
X
X
CARLSON, NANCY
12/31/2025
X
X
X
X
RUSSO, MARK
12/31/2026
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- — = Not a Member