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HomeMy WebLinkAbout1993-10-12 Bd Comm minutes :1 , " " I I " I , , ." --~\_- ""If'pr _ I \~~\ ; n) '\! ',i, ~ .".,-~~---~ "'-"......- .,. - - ~ , ....~ ........ - -- -'f" ~ ....~ { " 't", , I I' _ _ I /_" _. ~ " L I 1,-, L-:-f ,h! ' : ,,' , ., I' , " I ," '.-_, , ' ' . ,-. -, , - -......-----, -.-,..,.--. MINUTES PARKS & RECREATION COMMISSION September 8, 1993 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS: FORMAL ACTION TAKEN: THE INCAS ROAD PROPOSAL: DEVELOPMENT OF SOUTH SITE SOCCER FIELDS/IOWA CITY KICKERS: -~ .M_W...,.....,.,..".,.'""\'.......',,,,..,,,_, "'".; ..,.'"..,,_... ,.. John Beasley, Bill Brandt, Deb Liddell, Matt Pacha, Dee Vanderhoef Tom Bender I John Pel ton, John Watson, Mary Weideman Kriz, Moran, Trueblood Alejandro Fogel, Shelley Berc, Jeff Conklin, Kathy Witt, Terry Dahms (FIRST), Charlie Denney, Larry Wilson Moved bv Beaslev. seconded bv Vanderhoef. to aoorove the minutes of the Auaust 11. 1993 meetina as written. Unanimous. Moved bv pacha. seconded bv Liddell. to ~me~d the 8/11/93 motion to state the fol1~wina' 0 suooort matchina. at a minimum. the $65.000 contribution of the Iowa citv Kicker~ in ~~~~r to develop soccer fields at t e th treatment ~lant site. Unanimous. Alejandro Fogel addressed the commission with respect to his proposal to donate to Iowa City a piece of environmental art: The Incas Road. It will be a walking only gravel road (approximately 100 yards long and 4 to 5 yards wide) made of different kinds of gravel, South American herbs and grasses and bits of recreated ceramics from South American aboriginal cultures. He stated the ideal location is in the area near the parking lot across from the University of Iowa Museum of Art and River Street. Brandt questioned whether or not this was city property, with Trueblood indicating it most likely was Uni versi ty property. Brandt stated if this was university property it was out of the commission's jurisdiction, and recommended to Fogel that he approach the University of Iowa wi th this proposal. Brandt indicated the commission would be willing to assist Fogel in finding another location if the university of Iowa did not agree to his proposal. Staff will work with Mr. Fogel. Jeff Conklin, President of the Iowa City KiCkers, and Kathy Witt, Past. President, were '...'..,-., OlD 71 ~ - , i - I I Ii I I 'i Ii, II !, II' 'I 'I 1i r !;l. , , ,1 . ;:~ , t.: I f: I ':t ,;, I Ii 1 1 I "I I " ; 'i' I ;i ~..l" I ,I I 1 ,) ~,. - I, .. -- ''''''.'''' ", ""'1~-;' ~....~ ..-._I.......----~ ------.....r... .,- --- ..,ftf'" -..... - .. ~_. I.... ... \ , ' "I ' , . I, 'f' -I' ,I' 1:- -- ,J f f' . ,'" . . .' \:, ::',tl~ L-J " t_ , tV,' , \.;. ',~ _ ~_ . -. _~ 4 . ' ",-' / i,\ ,L ' " -- ....---------- --'.---. ...- present to address the commission regarding the Kickers' proposal to initiate development of the south site soccer fields on a cost- share basis. He stated the Board of Trustees voted to spend $65,000 toward field development; Brandt indicated at last month's commission meeting it was brought to the commission's attention that the Kickers wanted to contribute $100,000 in order to develop five to six soccer fields at the south treatment plant site. Conklin stated the $100,000 figure had been brought up at an informal Kickers meeting, but did not have Board approval. He noted it was not necessary to specifically state development of five to six fields, in that it is thel'f'ihtent to get some field development started. Trueblood asked if the $65,000 contribution from the Kickers was contingent on the city matching it, with Kathy witt indicating at this point it was. She stated these funds have been marked for field development for some time and they have been using the interest to help pay operating expenses. She indicated this season they increased their fees to cover operating expenses and the interest will now remain in the fund. She stated the Kickers organization has never done fund raising, but indicated once work begins on development of these fields a major fund raising effort would be conducted, with all money raised going toward field development. Trueblood indicated with $130,000 instead of $200,000, the Johnson County Board of supervisors would likely need to be approached to see if the existing agreement could be amended to allow some initial development of fields at the south treatment plant site without constructing an access from the north in the ini tial development phase. Liddell questioned who would establish priority use of the fields and who would receive the revenue generated from tournaments once the fields are completed. Trueblood stated the city and Kickers would most likely enter into a written agreement, indicating the fields are owned by the city and possibly giving the Iowa city Kickers priority use of them. As far as tournaments/revenue, this would need to be handled on a case by case basis. . Conklin stated this is a facility not just for the Kickers but for benefit of other organizations 2 ri/tJ71 j! LI \ Iii II ii " d I.. II: II' ,I I) Iii .. '! .. :1 ,': f.' " ,',. iI 1'1 i I I I' J 1 ,I " ~ : :i Ii ~,. - - ~ -~----- ,/' ( , , .' I' " ' .1 rl', In 'H:I~l.. '.: '01 .' '.', ~'': - .'-, ,- ^ ';.. \ ' "'" '. ' IOWA RIVER CORRIDOR' STUDY UPDATE: . ...~-.~,.,'-'....,".,,' ' ,.,,,~,.,,,,'..,-,,,., .:,._, / , /-1 I \' - --,-' "'-.-.--- -~, --'-" +-_. as well. Moved bv pacha. seconded bv Liddell. to amend the 8/11/93 motion to state the followina: to support matchina. at a minimum. the $65,000 contribution of the Iowa citv Kickers in order to develop soccer fields at the south treatment plant site. Unanimous. Charlie Denny, Larry Wilson and Terry Dahms were present to discuss the concept plan for the Iowa River corridor study. A draft of the study update had been sent to the commissioners. Liddell stated 20 years ago the Stanley Plan was developed and adopted by the city council with the intention of bringing it in line with the city's comprehensive Plan, but it was never implemented. Friends of Iowa River Scenic Trails and other groups approached the Riverfront and Natural Areas Commission and asked that they take a leadership role in re- evaluating the plan. She stated they have had representation from the Riverfront and Natural Areas commission, the Parks and Recreation commission, the city of Coralville, JCCOG, FIRST, and substantial contributions from architects and landscapers who have donated their time and expertise. She stated they are seeking the support of the Parks & Recreation commission and the Riverfront and Natural Areas Commission prior to moving ahead to the city Council for their approval. She noted a preliminary endorsement of the plan has been received from the Riverfront and Natural Areas Commission. charlie Denney reviewed the Iowa River corridor map setting out the proposed river trail system from the Coralville Reservoir to Mesquakie Park. Beasley asked about the portion of the trail approaching Sand Lake from the north and having to cross the highway. Denney stated they hope to put in an underpass or use the existing culvert. Brandt asked where the funding would come from to do the necessary research and work to progress any further with the plan. Denny stated adoption of the plan by the city council would enable them ,to use the plan as a resource in seeking private grants. Brandt questioned the trailways on University of Iowa property and whether the University would continue to support the trail system in the future, not only through general upkeep but also financially. wilson stated the 3 rA~71 , I , , , I 1 : I ; , ' "I ~ I: I: I I! Ii i i' ..i: , i ! ' , i 11 Ii ! " II , " Ii r " " .j I i Ii f I" ", :1 I, :\; , , 'I; I , 1 1 I 11, ! , " II ,: , 'I, I,! ' \'j "'IIf'I" - - "1-~--:,-'"'9\-- .. ~. . I, ' I .~~ . t':'"/' 171' c/', fa',' , ' ,,: " , " 'U " '.; ~., :- " ~~,'."" ,,' / ! ~ " , / 1 I, ',. , ....- --------.. -.-,,-- university has demonstrated support, and has stated in a letter to the city Council their willingness to help with the upkeep of the trails on university property. Liddell stated supporting the plan is a much bigger commitment than just supporting the concept. support of the plan would mean the group will approach the commission in the future for possible funding when there is an opportunity to purchase land to bring the plan to fruition. Brandt stated from his standpoint the bottom line as to whether o~ not he would support the plan would be how much it would cost and where the money would come from. Denney stated they hope a large part of the funding will come 'from state and private grants, and indicated some grants require a match. Funding to cover any match would have to corne from some source; i.e., private donations, city funds, etc. Wilson stated it was difficult to say exactly how much it may cost; the answer could be nothing or it could be all of a matching grant. A major fund raising effort will also be conducted. Liddell asked for a general reaction to using the Parks & Recreation Foundation account for a place to deposit funds earmarked for the trail system; there was no opposition. Denney stated a final draft of the plan will be brought back to the commission next month and at that time they will be seeking a motion of support for the plan from the commission., Wilson acknowledged the work done by Deb Liddell, who headed the committee; Charlie Denney, as staff person; MMS for donating their time in preparing the map; and FIRST for their help and support. He stated there has been a lot of cooperation, help and support given from many. PARKS & RECREATION FOUNDATION REPORT: Beasley reported the tentative date for the basketball tournament Foundation fund raiser was ,November 27, with plans for 36 teams in 3 different levels of ability. ADJOURNMENT: Moved bv Beaslev. seconded bv Vanderhoef, to' adjourn. Unanimous. The meeting adjourned at 7:10 p.m. 4 r/{(J71 lls1.Jl L LWA.. I I , I I i , , , , I i , , .I J , , I I, ~i I Ii II II! II 'I Ii '1 i' I, I' II ..' i, ,I ,. il , !I.~ 'i ' I L, J.: 'I J; I I ; ,j; i \1,,' 'I :1 .,' : I, -- -... ""f/('J!" - " I i , ,I \,: - ~~ i!J r ..,----..--:---~... ~ It-I -'.... - , , , ,. ' " . j " _II .. , ' - - I It[' , " '~ ,t I" ,I...' -L " . '- "'. , " ," .1, . ' : ( _, .', . " I " . , " ~., of .:" --. - / .~> \1 . L , .....-.--- '---. -.,-.,,- ..-- Mayor'S Youth Employment program Minutes Board of Director's Meeting August 25, 1993 Board Members Present: Loren Forbes, Karen Heimer, Pat SchnaCk, Paul Engler, Sheila Creth, A.K. TraWl Barry Kuceral Ben O'Meara Call to Order: Barry Kucera called the meeting to order at 7:10 a.m. I. Introductions and Welcome: Barry welcomed all in attendance. II. Approval of Minutes: Minutes from the July 28, 1993 meeting were approved by consensus. III. New Business: 1. Ben opened discussion regarding the budget situation updating the board on the progress made in developing the budget. The board was informed that the 1992 actual income/expenditures was determined to have been at a $10,000 deficit instead of a $9,700 surplus. The result being a $19,700 error made in the beginning of the fiscal 1993 budget. This put MYEP at $19,700 deficit starting 1993. Sheila requested that a quarterly report be provided throughout the year to update the status of the budget. Since monthly updates are provided, a quarterly update can easily be provided. 2. Discussion on the Sliding scale fee followed with the fee continuing and being applied by staff when applicable. The' fee will be negotiated with each client exceeding the income criteria. There will no longer be a fee for the conservation corps. Sheila suggested that the parents of kids who participate in the corps who exceed the income criteria be called upon to make a contribution to MYEP for the road race or other fundraising events. 3. Discussion was engaged concerning the participation of the board members in fundraising. Specifically, Ben asked each board member to raise $500.00 in pledges for the MYEP Road Race Team. The MYEP goal is to raise $8,000.00 in pledges through the board and staff. It was also suggested that people should recruit businesses to specify that their pledges are to go to the MYEP. All members voiced support . for this proposal although Loren indicated that he had been fundraising for a number of other causes for months and would probably not participate. A letter will be sent to board members reminding them to raise pledges. Loren has donated art'prints to use for fund raising. ...--.'-,.-...."...,.-..,...... 02~7~ I'_..d - '. , , .1 \ I I ;: l': I II i! ,I I' ,I I II if. iI' 1,1,' - It I: II " :i: I ie (; " ; , ; :1 i I I I! I, It "I :1 ,I "; I ,~' " \,! ,', --- --~ -----....-, ~--1l4 "'-......" -- - ---- ''''QIIIr-''' ..- --- ~~,. - - ..-_. \ , . , , ; 'r....:/". lT1' . (" . /;-1' .' ': , ~ " '~ .' , '.: .._.......:.'~ '_ ,8, .,-_: " . ". / , '!-') . . . ....._._-~--~ .---" --- It was also suggested that MYEP clients could participate in recruiting pledges and that Ben should speak at Rotary about MYEP to.recruit businesses and individuals to raise pledges for MYEP. Ben also suggested the possibility of sponsoring a 3 on 3 basketball tournament as a fund raiser. Possibly next May. 4. PauI,provided a Finance Committee Report. He reported that the budget was being prepared and that there were concerns over the deficit. He indicated that most of the issues were discussed earlier during the budget discussion and there was little to add. 5. The committee assignments were reviewed and approved. 6. Discussion was opened on selecting new officers and Paul volun~eered to chair the committee developing a slate of officers. The slate will be considered at the next board meeting. 7. Sheila made a request that data on diversity be provided at the next board meeting. Barry suggested that the MYEP staff attend the meeting to present on programs. 8. The question was raised as to when the first committee meetings would be held and it was decided that the first meeting would be dictated by the need to address an issue. 9. It was suggested that there be a committee for fund raising. I have no further notes on this suggestion. IV. Adjourn: The meeting was adjourned at 8:00 a.m. The next board meeting is September 22, at 4 P.M. Mark that down I Four o'clock in the afternoon I ~R~ Loren Forbes , Secretary &..()bJ~ Ben O'Meara Executive Director A5BRDMIN.AUG ,.,._-'...",~,'"., ....,<,;,'..,;>-""." 0207~! -- I 1:1. :1 ,,; !, " , " " , , ", " ___ --""11II1--"'-, -...,--..... ....-_'-'.....---- - -- 'qIII''''-'''''''--- I ~) 11) " , I ~f"'" .. I - ~ ..~...~----,--.,.-.-----.--. I . , . , . , , , : ',,' t~/' \, 171" . l"] ~ l ' . .,., " . '" , , ' , .; -." '- -' . 'I~ - ....' , , .,' , / >'" , ,I,', \. '.' --. - -~ ...:::._------ .. ---,.._- MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 8, 1993.4:30 P.M. IOWA CITY CIVIC CENTER COUNCIL CHAMBERS j-----.....,................-- r;':7'r;'!Jq r~~ ,.~',':, "1111 '::1;', .' '" ,.~,.., "'., ~ olU~Wli.;~:i~il'.i;'-'IlJU' Subject to A~praval MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, Ernie Galer, Catherine Johnson, Rick Vogeliang MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: , None Bormann, DenneYI Rockwell, Krlppner . John Rummelhart, Jr'l Casey Mahon, Mike McGinn, Margo Jerrlck, George Thompsonl David Baculls, Sr., Dave Rossler, Larry Kral CALL TO ORDER: Chairperson Galer called the meeting to order at 4:32 p,m. CONSIDERATION OF THE MINUTES OF THE AUGUST 11 , 1993. MEETING: Johnson moved and Baker seconded the motion to approve the minutes of the August 11, 1993, meeting. The motion carried 5.0, SPECIAL EXCEPTION ITEMS: 1. EXC93.0018. Public hearing on a request submitted by Dr. Kevin J. McCarville for a special exception to permit a school of specialized private Instruction for property located In the CO-1 zone at 1901 Broadway, Denney reviewed the staff report dated September 8, 1993. Staff recommended that EXC93.00181 a special exception to permit the establishment of a school of specialized private Instruction, a tutorial center, In a building located In the 00-1 zone at 1901 Broadway Street be approvedl subject to compliance with all applicable regulations. Denney noted that there are no additional special requirements for a school of specialized private Instruction In the 00-1 zone. Denney stated the property owners Intend to re- stripe the parking area In front of the building; 83 parking spaces will be provided, Only 80 off.street parking spaces are required In total for the property, Including the tutorial center. PUBLIC DISCUSSION: There'was no public discussion. BOARD DISCUSSION: In response to a question from Johnson, Denney stated HIS [Department of Housing and , Inspection Services] had determined there was enough room for the additional parking spaces. Johnson stated the use seemed appropriate for the CO-1 zone. Galer agreed ., ._."_,_~.".""..~,,...',..,' ,..,.,._..__'n ..,. OJfi73 - I .I' I; Ii , ' ! ,I : I' , , , I I , J I , , i . ; , I !i 1, Iii ii II I. " I:; I; ~ 'Iii; . :i i' I: I I ,; Ii' :j I I " J I' 'II, , "Ii 'I i , i-, "1, i ), ',.! <I ~ . , . oJ. , I. . I . - < - - -I' . ", t I l'j" <' L " ."", . < , . ~ . ',.... ':', ,1} . I.: '. . " '.' .,.. ,.; _.. - ._. _. I / , '1 'l ~ -"--. Board of Adjustment September 8, 1993 Page 2 and added he did not see any potential adverse effect on the adjacent properties, He noted there should not be an Increase In traffic congestion due to the tutorial center's operation occurring at a different time of day from the commercial uses located on the property. He stated the parking requirements would be met. MorlaN: Vogelzang moved that EXC93.0018, a special exception to permit a school of specialized private Instruction for property located In the CO-1 zone at 1901 Broadway be approved, subject to compliance with all applicable regulations, Baker seconded. The motion carried 5.0. 2. EXC93.0019. Public hearing on a request submitted by Carnegie Plaza Partners for a special exception to permit off.street parking for property located in the CB.10 zone at 315 E, College Street. Denney reviewed the staff report dated September 8, 1993. Staff reqommended that EXC93.0019, a special exception to permit no more than 69 underground I off.street I ' parking spaces In the CB-l0 zone for properly located at 315 East College Street be approved. Denney noted the proposed access point on College Street, a change from the previous application, which will result In the loss of two 10 three on-street parking spaces. Denney stated the on.slte parking scheme submitted by the applicant needs to be redesigned to meet City off.street parking standards. Denney said he received a phone call from Reverend Jason Parkin, of Trinity Episcopal Church, which Is located across the street from the proposed site. Rev. Parkin Indicated full support of the application. Eckhardt asked If a parking attendant would be required; Del1ney explained a fully- automated system Is proposed similar to the one used In Brewery Square. In response to a question from Johnson, Denney stated that considering the potential commercial tenant, a grocery storel the parking would be primarily reserved for customers, In response to a question from Eckhardt, Denney stated the tenants would be able to park In, the Chauncey Swan parking garage. Denney explained that tenant parking Is not allowed In the CB-1 0 zone In order to discourage cars within the Central Business District. PUBLIC HEARING: John Rummelhart, Jr.. P,O. Box 3108, Iowa CllY, stated he Is a partner with Carnegie Plaza Partners. He said his draflsmen are working on the aisle width that Is too narrow In the underground parking area to bring It Into compliance with the City Code. Rummelhart said that although Carnegie Plaza Partners was requesting 69 spaces, the construction design would probably allow for only 60 spaces. Rummelhart Inquired about the approval process If the specific proposal for a grocery store could not be Implemented, Rockwell said unless the Board specifically limited the special exception to a grocery store usel any commercial use permitted In the zone would be allowed. She, added the construction should be Implemented within six months, or If that was not possible, he could ask for an extension. Rummelhart said the typical apartment size I I I, I I tI .73 "-~ , ' i ; i , , , \,; " "IIfr" . ----- - - "1-~-:-' -~.... "-e. 14-"........ - ------..... ...- -....- -Jff .... "'"""'T"'""" .. f ,,', " " 'i, , t-I '1-' 'C :-t " " " ,--. "'''; ~'-t, I..,' . : -- (~I ~" ~,.:-~ , ' ' / / ^, " '1 -.,----'-,- -~"'" --- Board of Adjustment September 8, 1993 Page 3 shown on the original plans had been decreased to Include more efficiency units. In, response to Eckhardt's concern about tenant parking, Rummelhart cited City policy concerning parking In the CB-10 zone, and added some tenants may not have cars or may store them elsewhere. Rummelhart said the City-built ramps would hopefully suffice to meei the residential tenants' parking needs. Johnson commented she was pleased by the proposal for a grocery store In the downtown. BOARD DISCUSSION: Johnson asked If the parking spaces are not used as anticipated, could residential tenants use them without additional Board approval. Denney said It would be permissible. Rummelhart stated the developers would rent the parking garage to the potential commercial tenantl therefore, use of the parking spaces would be at the discretion of the commercial tenant. He said commercial parking availability was extremely critical for that corner property to be viable. There could be an option for residents to rent open spaces, but It was unlikely that would happen. MOTION: Johnson movad that EXC93-0019, a special exception to permit no more than 69 underground parking spaces In the CB-2 zone for property located at 315 East College Street be approved. Eckhardt seconded the motion. The motion carried 5.0. 3. EXC93.0020, Public hearing on a request submitted by Michael and Anne McGinn and Casey Mahon for a special exception to permit a yard modification for property located In an RS-S zone at 226 McLean Street. Rockwell reviewed the staff report dated September 8, 1993, Although staff noted concern about the substantial yard modification being requested and had listed alternatives available to the applicants, staff concluded that overall, the proposed addition would prove to be more of an enhancement than a detriment for the neighboring properties, Staff recommended that EXC.93-0020, a request to reduce a rear yard requirement from 20 feet to five feet for the 24.foot length of the proposed garage/studio for property located at 226 McLean Street be approved, subject to 1) the removal of the on-site parking on the Beldon Street frontage, and 2) conformance with the site plan and elevations submitted on August 161 1993, except that the drive and patio dimensions may be reconflgured to pull paving out of the drip line of the oak tree located on the south portion of the 226 McLean Slreet property, Eckhardt asked about the proximity of the neighboring property line. Vogelzang said the neighbors' drive appeared to be about five feet away. Johnson noted the alternative of constructing a two-car garage would necessitate the elimination of the breezeway. A.fl! J .h. I I i I , , , , , ; I I I 'j I I I! I . , ! I 'I . ii I,,': ij II 'i - { :1 n- i! ( I ;~ I: 'II - :\ i i il i I <I I I , ,ii, ,. iI " , , , I , I, :; , I. ""If". ..... -~~ ~-, ~- ~ ..-,'...'-- - -- ""'QlIII'''-... --- ..,f".... -......,.... ~ .... -.. .y I ~" ," ",...... . . \ , , I _ "_' j ..:.;,~ , "'....~ . f I' I' 1- It. .' , ",,' ,I t;...:" - '".~ :. '. '- I ' ,. ' . , ' , " .' .... '.-. I. ---", :.:J " ,,\':-.' . _.' _ '.'_ _ l'" " _ / / 1/'\ 1 '., , -............ - Board of Adjustment September 8, 1993 Page 4 PUBLIC DISCUSSION: Casev Mahon, 226 McLean Street, said she owned the house from 19n to 1986, when she left Iowa. Mahon had re.purchased the home from the previous owner, Mike McGinn, who Is the architect for the project. Mike McGinn. 226 McLean Street (presentlv of LaGranae, IL), stated there are three hardships on the site: 1) an unsafe traffic condlllon due to parking backing Into a bus-line , route on Beldon Street, 2) dense traffic due to nearby fraternity house and student apartments, and 3) no on.street parking permitted In the vicinity from Monday through Friday. He noted that this resldenllal property Is the only one In the Immediate neighborhood without a garage. McGinn said he felt the new design would Improve traffic safety considerably by providing off-street parking and space for a three-point turn so that one would not have to back out of the drive onto McLean Street. He noted the landscaping plan which wquld further beaullfy the neighborhood and soften any Impact due to encroachment Into the required yard. McGinn stated he designed the project to preserve the pin oak and to blend the architecture with the exlsllng house as well as the other residences In the neighborhood. He added the addillon facade will be stucco to match the exlsllng residence. The driveway and walkway will be composed of brick pavers that allow for seepage and will blend with the foundallon of the house. i , I j 'j Marao Jerrlck, 216 McLean Street, owner of the property to the east, expressed her support of the project. She noted the applicants have been very thorough In sharing their plans with the neighbors, Jerrlck said she thought the addlllon would be wonderful. Georae Thompson, 410 Beldon Avenuel noted that several lots on Grove Street have less yard space than the proposed project. Thompson said his residence Is located about 25 feet north of the applicants' house. He did not think he would be affecf.ed except for the Improvement of the parking situallon off Beldon Street. Thompson thought It was a very nice plan. :' BOARD DISCUSSION: Vogelzang commended everyone Involved In the project for their extremely Impressive plans that are harmonious with the neighborhood. Johnson noted the addlllon would produce an addlllonal bedroom I but only a one.car garage. She added that It would be an Improvement to get rid of the parking off Beldon Street so It was a tradeoff, Galer stated he felt the addition would not harm the neighborhood and would ease the parking sltuallon. Baker said, given the constraints of the property, the applicants had come up with a very good plan. Eckhardt stated she liked the architectural blending of the addlllon with the Craftsman style of the exlsllng residence. In response to a question from Eckhardtl Rockwell noted the staff recommendallon did not require preservation of the oak treel but allowed redesign latitude for the applicants to protect the tree. She noted Ms. Mahon had planted the tree, and had expressed a desire to retain It. MOTION: :J/J73' I '.. ----~-- i ! ; I i ~ , , L, " j!, Iii II Ii I:: ' I" ,,' ~ ;: ~ 1" I I , 'i II: 11 Ii i h i j. I 1,/ I d I, .,.......,..""'If"". \.: " ..... -'-"1---.,.., "9\..... ~ .;,..",..-- - -- .........-...- -....- .--.,f.... -~_. ...~.....~-....--. \ , , .' ) ",J, " , , , " .. ".",'.. t;-I' l'l~' L, I' /~-" . ,': ':, , . . t 'I' ' . '. ','; ~~ \ '_, ,_." \~~. "c / /, " 1 {. ' Board of Adjustment September 8, 1993 Page 5 Baker moved that EXC93.0020, a request to reduce a rear.yard requirement from 20 feet to five feet for the 24.foot length of the proposed garage/studio for the properly located at 226 McLean Street be approved, subject to 1) removal of the on.slte parking on the Beldon Street frontage, and 2) conformance with the site plan and elevations submitted on August 16, 1993, except that the drive and patio dimensions may be reconfigured to pull paving out of the drip line of the oak tree located on the south portion of the 226 McLean Street properly, Vogelzang seconded the motion, The motion carried 5.0. Galer appointed Vogelzang as Chair for the remainder of the meeting as Galer had to leave, VARIANCE ITEM: 1. VAR93.0002, Public hearing on a request submitted by David A. Baculls, Sr. for a variance to permit a slngle.famlly residential use In an Industrial zone for properly located in the I-I zone at 2124 South Riverside Drive. Rockwell reviewed the staff report dated September 8, 1993, Staff recommended denIal of VAR93.0002, a variance request to permit a slngle.famlly residential use In an Industrial zone for properly located at 2124 S, Riverside Drive. In response to a question from Eckhardt, Rockwell noted the particular properly In question Is not Wlthlo the floodplain, although residential areas to the east and south are located In the floodplain. In response to a question from Johnson, Rockwell explained the "long view" Involves using a long term perspective to determine appropriateness of land use patterns for an ,area. Rockwell said staff noted that It may not be appropriate to continue residential uses In this area, Perhaps the area should be looked at as primarily a commercial and Industrial area with uses that could provide better protection from flooding situations. Johnson noted that the nearby area to the south and east is zoned RFBH, Eckhardt said the floodplain area may not be appropriate for any kind of development. Rockwell concurred. She felt there should be an allowance for a reservation of open space In the floodplain, Johnson stated she had noticed, from personal experience I that the commercial developments already In the S. Gilbert Street area across the river had been Impacted by flooding, PUBLIC DISCUSSION: David Baculls. Sr.. 2128 S. Riverside Drive, stated the request properly Is higher than the airport, Baculls noted he purchased the properly to maintain the residential area surrounding his mobile home park, Baculls said he was unaware of the 1983 zoning changes for this properly. He stated, after the display home was rented, he paved the parking lot located near the display home due to City parking requirements. He added he would be unable to use the properly for any purpose other than residential, Dave Ressler. 3434 Lakeside Apartments, manaaer of Baculls Mobile Home Sales and Services, presented photographs of the properly. He noted It Is entirely surrounded by . residential properties to the south and east. Ressler said the home and landscaping are nicely done and add to the value of the neighborhood. He stated It would be unfair to ,,"073 '-- ---- -- ! I . 1 1 ,. i' 1 ' .1 I i. I' i i I I, I; 1 , . , ' 1,1 I. Iii Ii ,- il. i' " " , 'I' (, . I' . r i-: " I, ,:1 !, II ;, " i " I .I 'I 'I i :! '........"fII///('''r-____ --.., ---- ...-...-;-.....- -- -' .....----r-....'.-. ...~ \-....--.---' ~-T"~ r' ..:.' " - ~.' I' '" : " .'," " It, " ' . .>" U .:~,n' " bJ ' , . " '" .' . ';-,,~...""'- ',-' -, -- ' " / , , 1 i, "1' Board of Adjustment September 6, 1993 Page 6 put an Industrial use on the site, Ressler noted the small site would not allow for an industrial use, He felt the problem was the City's since the zoning of the property was changed without notification to the owners, Ressler said all they asked was to maintain the status quo, Larrv Kral. 3126 East Washlnaton, stated he owned property to the north developed as commercial condominium units, Kral said that Baculls' building is probably the nicest properly In the area. He noted the railroad right-of-way would go through his building therefore linking Industrial development of the property to the railroad seemed unlikely, Kral reiterated that Baculls' rental house was not threatened by the flooding. Kral stated he would rather see the residential use continued than Industrial/commercial development of the properly. He said It would be a good Idea to leave things as they were since they were not hurting anyone and certainly helping, Baker asked about the consequences of denial on the current resident. Bormann said the tenant would be given notice and would have to move. Bormann added that If the Board did not permit use of the building as a residence, the use could only change to an industrial use. Baker noted that the applicant was responsible to prove the zoning Is a burden. Bormann said the applicant would have to establish that he met all the criteria of hardship for granting a variance under to the Zoning Code, ' Baker stated that the City-wide comprehensive rezoning in 1963 was not done secretly. There were numerous meetings and a great deal of publicity prior to the adoption of the Zoning Ordinance In December 1963, He said he could not accept that as an owner of commercial properly, the applicant knew nothing of the zoning changes at that time. Baculls said he had attended the zoning meetings and objected to the zoning changes, but during the process he switched attorneys and lost track of things, Baculls was unable to recall who told him commercial zoning would not be located next to residential zones, Baculls said he thought the property would remain single-family residential. Bormann Indicated the Zoning Code permits the Board to impose conditions on the variance such as limiting the duration of the use, Baker reiterated the property was constructed as a display house in 1962; and according to the applicant, It was rented within a year. According to the City, the unit was rented without a City rental permit; that Baculls was never granted a rental permit for that structure. Rockwell said the 1992 rental permit application was denied on the basis of zoning; a residential use is not permitted In the 1-1 zone. Baculls argued that he assumed the City knew the property was rented when It required the parking lot to be paved, Before leaving the meeting, Baker suggested deferring the Board's decision on the variance until additional information could be provided, Rockwell stated the City had no approved rental permit on record for the display house structure. Vogelzang asked how long the model home was on display. Baculls said the home was displayed for only one year, then he sold it. When the unit was repossessed, Baculls bought it back. John Rummelhart, P,O, Box 3106, said he was familiar with the property and did not see any option other tha~ residential for its use. Rummelhart Indicated there Is a great need ,I dJ.O?3 - "------ ---..,.. ._~ -.' ! -( i , i I i 1 " i i I, I ! i I i I j ~ , I I I I I , ~ I : i i , 1\: II I;; , Ii I:~ r 'Ii:!. 1,\ I::; 'I ,'I,i ! II jl !I ,~ I. I! I i i I I '1 ! I I I ! 1 , ,>" i i , , " :\,,1 "<, "'ff'''. - - I' '1-~-:' ~-- ~ ;:"..... --- - --- -'''QlJ' ..-- - -- ~f" - ..\- ..-- - ~~..---- I oJ l' , " ," , I ' " , t-I ,.r, c ' '-t . .' .," '. , - "'" . ~ '.-':"'"~ ../ , , '. . : " .,,",., I, l- . , ';'. --- -,' - ,~, , " ' / .- / '\ ,/ 1 , I. , ...._--------, ---" '-,- Board of Adjustment September 6, 1993 Page 7 for low to moderate-Income housing In Iowa City, He stated he was In full support of the variance, BOARD DISCUSSION: Vogelzang noted there was residential usage "grandfathered In" for the other two structures on the lot, and denial of the variance would affect only a portion of the lot. Eckhardt stated that a separate Issue was the problem of the owner's compliance with zoning requirements and his attentiveness to zoning changes, Bormann reminded the Board that It could grant the variance only If the applicant demonstrated that he satisfied all the el&ments set forth In the Zoning Code. She then cited Section 36-91 (g)(3) which states: , , , I [ I i i j i' I I -I i i ! , ; I I I '1 I I I I !I f , ' , ' II I, i ,;1 10 III 'I !I No variance to the strict application of any provision of this Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: I I l: , \ I , 'I'~.',' "~I' , !. " i," f: 'i, I a. Not contrary to the public Interest. (1) The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties In the area adjacent to the property Included In the variance. (2) The proposed variance will be In harmony with the general purpose and Intent of this Chapter, and will not contravene the objectives of the Comprehensive Plan. b. Unnecessary hardship (1) The property In question cannot yield a reasonable return If used only for a purpose allowed In such zone; and (2) The owner's slluatlon Is unique or peculiar to the property In question; It Is not shared wllh other landowners In the area nor due to general conditions In the neighborhood; and (3) The hardship Is not of the landowner's own making or of a predecessor In title. Vogelzang asked Bormann to guide the Board's examination of the necessary criteria by reading each element and allowing the Board to discuss that particular element. :1 The proposed variance will not threaten neighborhood Integrltyl nor have a substantially. adverse affect on the use or value of other properties In the area adjacent to the property Included In the variance. I ~()7.J I ,....,".'"., '- J " I " I ", " ~. ---- - "1~-----:---~--- . , , "f":'I" 1:,' ;"r /:t, :,', '~':, . . '-r -.. '" ' I . I, ';( , "" ' . '" -. "...- , .; -. ,- - , / , '1 .I ,. Board of Adjustment September 8, 1993 Page 8 The Board noted that the triplex, mobile home and single-family residence, existing legal nonconforming residential uses located on a portion of the request property and on the property to the south of the request property, as well as the existence of mobile home parks to the east and sou1h, create a residential, not an Industrial setting, for the subject modular display home, The ~oard members concurred that permitting a residential use to continue on a property that was residential In nature was In harmony with the current use of the property and adjacent properties, The Board also felt that continuation of the residential use would not adversely affect those adjacent properties. On the other hand, strict compliance with I-I zone would create land use conflicts. The proposed variance will be In harmony with the general purpose and Intent of this Chapterl and will not contravene the objectives of the Comprehensive Plan, The Board agreed that the proposed residential use does not contravene the residential designation In the Comprehensive Plan for the 2124 S. Riverside Drive property, Given the fact that strict compliance with the I-I zone would result In land use confllctsl the continuation of the residential use Is not Inconsistent with the intent of the Zoning Code. In addition, it Is in the public interest to allow continued usage of an affordable residential rental unit. The property In question cannot yield a reasonable return os used only for a purpose allowed In such zone The Board felt that the applicant could not realize a reasonable return on the property If only Industrial uses were permitted, Due to the small size of the portion of the lot In question I the property could not practically be converted to an Industrial use. The owner's situation Is unique or peculiar to the property In question; It Is not shared with other landowners In the area nor due to general conditions In the neighborhood. The Board felt that the uniqueness of the property related to Its residential use before and after the 1983 City-wide comprehensive rezoning when the property was rezoned from C-l, which permitted residential uses, to 1-1, which does not. The hardship Is not of the landowner's own making or of a predecessor In title. Although the Board expressed concern about the disputed facts concerning whether the hardship was of the landowner's own making, It found In favor of the applicant. The Board felt that tha situation arose due to misunderstandings surrounding the rezoning of the property during the 1983 city-wide rezoning. After discussion of all live conditions, Johnson stated she felt the variance request met them all. Eckhardt said the applicant narrowly met the requirements. In looking at the lot, she felt there was no other use for It. Vogelzang stated he felt this was a "grey area,' He said It would be difficult to ueny the request, but he would like to condition It so that the variance would be In effect only as long the bUilding was used as a residence. ~(l13 -.-'"'' .,- i: 1 , I i i i. i: , ,I i' I "; ! i I , I, I I I, Ii I I, I, i i I: i; ;, ~ 1'1 Ii , 'i II ;: Ir ,,- II h , :,,11" i: I: :,! I, I I I II .," ~~~"r _ -:--"l '.--,.. -"'-- ~ ...~"".'" I , ! I i "1 , ,:: ! 'I' I, l' I\l " -- --..-'" --wr----------..,~... ....~ .- '., . ~":I 1:- .t~ 'n., '. ,." , : ' . .1, . i ~I .'"1", l.;.t. , . _. - ,_ ,_ I...,. ' / 1/\ -,' J , ....,. 'J' ''":_:~:--:-::.::-:::_~------~, Board of Adjustment September 8, 1993 Page 9 MOTION: ...--...'" ~...,---~-.....-.....- \ --..,.-,-. Eckhardt moved to approve VAR93.0002, a request submitted by David Baculls, Sr. for a variance to permit a slng!e.famlly residential use In an Industrial zone for property located In the 1-1 zone at 2124 S. Riverside Drive, subject to the continued use of the eXisting 28' X 60' structure located on the southwest portion of the property. The Board restricts the variance to the duration of the use of that existing structure. Said structure may be maintained as a residential rentallinlt, but may not be enlarged. If the existing structure Is destroyed, demolished or removed, the variance Immediately expires. Johnson seconded the motion. The mollon carried 3.0. BOARD OF ADJUSTMENT INFORMATION: Johnson said she would not be present for the next meeting, ADJOURNMENT: Johnson moved and Eckhardt seconded the motion to adjourn at 6:25 p,m. The motion carried 3.0. Ernie Galer, Board Chairperson Rich Vogellang, Vice Chairperson Minutes submitted by Kerstln Krlppner. \boa9-8,mln I J.()73 \ I, ,,~ _.' ,..~",,':' .'. ,-",. - I ! , I , I ! I' , I i:-I , I:; I! , I ','I l -II ii " r I ' I~ J" . 'i "L ,Iii: Ii i'~ :. Ill,',' " k (- 'Iii "c ! ___.. _ - -___~ --,..- uoo. - - ---- ~ r ~l" --- ..',,'....... I, '" I i , 'J .. '.: ;',i' ':1 ! . ' ~, .' ' ,'. ::-: ,F/: 't.('h':', n ': ,.', "," - _. - - . -' , -- .. ': / ,/). ''-, -, '- ::::.-:..::.::-- .....------- :Bo~ 0 F f'tO...)0STrne.:rr R.€9I.l.la.~ -=CGtiMe.i~ meeflN~ Se.P'leMBE.e 8" 1993 tf30 'P, m. , '?lta.SE. Si9~ IN: ~Q.mE.\ ,. ~ C('(JJ,I 7.fJ-~ ~ct{/ ~. 9. 10, , , II, /1. 13. 11/. '---...,,-....~,...-,"" ''''''''','-\0'_ _,.,'.._.,_".. . .".-'--..,. 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