HomeMy WebLinkAbout6/28/02 boad522sgilbertPrepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 8, 2002 - 5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer
MEMBERS ABSENT: Mike Paul
STAFF PRESENT: Karen Howard, Sarah Holecek
OTHERS PRESENT: Duane Musser, Gary Hughes, Larry Meyers, Steve Ballard, Tom Gelman, John
Fitzpatrick
SPECIAL EXCEPTION ITEMS:
EXC02-00006. Public hearing on an application submitted by Hughes and Associates for a
special exception to permit residential dwellings units above ground floor commercial uses in
the Community Commercial (CC-2) Zone at 522 S. Gilbert Street.
Findin,qs of Fact: The Board finds that property in the Community Commercial Zone is intended
primarily for commercial uses. The Board finds that the floor area of the commercial space is
limited by the density of the residential portion of the project because a substantial portion of
the lot must be devoted to parking for the proposed five-bedroom apartments. The Board finds
that the proposed dwelling units would be located above a ground level parking area. The
Board finds that parking is not a principal use allowed in the Community Commercial Zone.
Conclusions of Law: The Board concludes that the proposed exception does not meet the
specific requirements of section 14-6E-5D(4) of the Zoning Ordinance, which states that
dwelling units are permitted by special exception in the Community Commercial Zone when
located above or below the ground floor of a principal use allowed in the zone. The Board
concludes that the general special exception review standards (14-6W-2B) have not been met.
Disposition: By a vote of 4-0, the Board denies EXC02-00006, a special exception to permit
residential dwellings units above ground floor commercial uses in the Community Commercial
(CC-2) Zone at 522 S. Gilbert Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six
(6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken
action within such time period to establish the use or construct the improvement authorized under the
terms of the Board's order of decision. City Code Section 14-4B-5E, City of Iowa City, Iowa.
T.J. Brandt, Chairperson