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HomeMy WebLinkAbout7/8/02 boadec609sdodge FEE Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DEOISlON IOWA CITY BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 - 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: T.J. Brandt, Mike Paul, Dennis Keitel, Eric Gidal, Vincent Maurer MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Mitch Behr OTHERS PRESENT: Tom Mentz, Bob Downer, Fred Greiner, Dean Shannon ': - .... SPECIAL EXCEPTION ITEMS: C EXC02-00004. Public hearing on an application submitted by Tom Mentz for a special exception to reduce the required rear yard from 20 feet to 9 feet for property in the High Density Multi-family (RM-44) Zone at 609 S. Dodge Street. Findinqs of Fact: The Board finds that this is a unique situation because of the shallow lot, which makes it difficult to build onto the rear of the house without encroaching into the 20-foot required rear yard. The Board also finds that there is practical difficulty complying with the rear yard requirement because the existing structure is currently nonconforming and yet is in very poor repair. Given its nonconforming status, the existing addition cannot be torn down and replaced without a special exception to reduce the rear yard. The Board also finds that the proposed exception will not result in a substantial change or detriment to the neighborhood given that the new addition will replace an existing addition in the same location. The location in the rear will fit in better with the architecture and interior room layout of the existing house. Even though the proposed new addition will be larger than the existing addition, it is located in the rear yard area and will not be visible from the street. The proposed exception will not crowd or reduce the privacy of neighboring property, because there is ample yard area between the proposed addition and structures on neighboring properties. The Board finds, however, that if the property is ever redeveloped with a larger high-density apartment complex, which is allowed in this zone, the yard reduction may result in crowding or a reduction in privacy of neighboring properties. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14-6Q-4B of the Zoning Ordinance for exceptions to established setbacks. The Board concludes that the general special exception review standards (14-6W- 2B) have been met, provided that it is granted for only as long as the single family structure exists on the lot. Disposition: By a vote of 5-0, the Board approves EXC02-00004, a special exception to reduce the required rear yard from 20 feet to 9 feet for the length of the existing single family structure for property located in a High Density Multi-family (RM-44) Zone at 609 South Dodge Street. The yard reduction is granted for only as long as the single family structure remains on the lot. EXC02-00005. Public hearing on an application submitted by Fareway Stores, Inc. for a special exception to permit a grocery store in the Intensive Commercial (C1-1) Zone on lot 17 and 18 in the Scott-Six Industrial Park. Findinqs of Fact: The Board finds that the mix of industrial traffic and retail traffic may be problematic at this location, given that lots 17 and 18 are interior to the industrial park and O00::L 9 IOWA CITY' BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 Page 2 directly adjacent to industrially zoned property. However, given that the peak traffic periods for the grocery store and the adjacent industrial uses are likely to be different, the Board finds that the mix of traffic will not result in unreasonable congestion or pose a substantial safety hazard. The Board finds that this use is similar to other uses that are permitted in the intensive commercial zone with regard to the amount of traffic generated. The Board finds that a grocery store will attract larger amounts of pedestrian and bicycle traffic than other uses permitted in the Intensive Commercial and adjacent General Industrial Zone and therefore additional sidewalks and curb ramps designating pedestrian street crossings are necessary for public safety. The Board finds that access points on Commerce Drive should be limited to reduce the number of traffic conflict points with industrial traffic from the industrially zoned properties directly across the street. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14-6E-4D(4) of the Zoning Ordinance. The Board concludes that the general special exception review standards (14-6W-2B) have been met, provided that certain conditions are met to improve public safety at the site. Disposition: By a vote of 5-0, the Board approves EXC02-00005, a special exception to permit a grocery store in the Intensive Commercial (C1-1) Zone at lots 17 and 18 in the Scott-Six Industrial park, subject to the following conditions: 1. The applicant must submit a site plan that complies with the requirements of the Zoning Ordinance and the 1997 Conditional Zoning Agreement for the Scott-Six Industrial Park; 2. The grocery store property is limited to two driveways off of Commerce Drive; and 3. Prior to issuance of an occupancy permit, a continuous sidewalk must be constructed along the subject property's Commerce Drive frontage to the intersection with Liberty Drive, then along the south side of Liberty Drive to Scott Boulevard. In addition, curb ramps must be constructed in locations approved by the City of Iowa City on the northeast and northwest corners of the intersection of Scott Boulevard and Liberty Drive to demarcate the pedestrian crossing. 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. B~fCdt, Chairperson O001 iO IOWA CITY' BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 Page 3 STATE OF IOWA ) ) JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on th'e 9th, day of April, 2002, as the same appears of record in my Office. CORPORATE SEA]. day of Mari~K. Karr, City Clerk Dated at Iowa City, this ,2002. Shared/boafiles/decisions 000181