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HomeMy WebLinkAbout08-13-2003 Board of AdjustmentAGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, AUGUST 13, 2003 — 5:00 PM EMMA J. HARVAT HALL, IOWA CITY CITY HALL A. Call to Order B. Roll Call C. Consider the July 9, Board Minutes D. Special Exception: 1. EXC03-00007: Public hearing regarding an application submitted by David Long for a special exception to permit off-street parking on a lot se ra from the use served in the Medium Density Single -Family 8 zone to RS- and 927-29 N. Dodge Street. ( ) at 925 2. EXC03-00008: Public hearing regarding an application submitted b Midamerican Energy Company for a special exception to expand an el ectric utility substation, reduce minimimum required lot size and reduce required re yards in the Interim Development Office/Research Park (ID-ORP zone 2875 Harvest Road. ) at 3. EXC03-00009: Public hearing regarding an application submitted by Southgate Development for a special exception to permit a drive- through/carry-out restaurant in the Community Commercial CC-zo 1911 Broadway Street. ( ) ne at 4. EXC0100011: Public hearing regarding an application submitted by Dean of rear and Dawn Claremont for a special exception to allow the reduction yard by enclosing an existing deck in the Low -Density Multi -Family zone at 673 Scott Park Road. (RM 12) E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING — SEPTEMBER 10 Minutes CI :1 0 Iowa City Board of Adjustment f Wednesday, July 9, 2003 — 5:00 PM Emma J. Harvat Hall, Civic Center J I. Members Present: Carol Alexander, Eric Gidal, Vincent Maurer, Mike Paul z h Members Absent: Dennis Keitel Staff Present: John Adam, Sarah Holecek Others Present: Marcia Mackay Call To Order Paul called the meeting to order at 5:01 PM. Consideration of the May 14 2003 Board Minutes Motion: Gidal moved to approve the minutes Motion passed 4-0. as submitted. Alexander seconded the motion. Special Exceptions EXC03-00007 — Public hearing regarding an application submitted by David and Karen Long for a special exception to allow parking on a lot separate from the use served in the Medium -Density Single Family (RS-8) zone at 927-29 North Dodge Street. Paul noted the letter from the applicants attorneys, Holland and Anderson LLP, asking for the matter to be deferred to the August meeting of the Board of Adjustment. The attorney's had just recently met with Dave Long regarding the property and pending application and ask for time to prepare for the hearing as the site plan and documentation are not yet available. MOTION: Gidal moved to defer the hearing on EXC03-00007 until the August 13 meeting of the Board of Adjustment. Alexander seconded the motion. Motion passed 4-0. Other Business None. Adjournment Motion: Alexander moved to adjourn the meeting. Gidal seconded the motion. Motion passed 4.0. Meeting adjourned at 5:0413M. NEXT BOARD OF ADJUSTMENT MEETING —AUGUST 13, 2003 data on citynt/pcd/minutes/boa07-09-03.doc STAFF REPORT To: Board of Adjustment Item: EXC03-00007, 927-29 N. Dodge St. GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: Prepared by: John Adam Date: 9 July 2003 David L. Long 4848 Sand Road SE Iowa City, Iowa 52240 338-3164 Marcia MacKay, Keystone Property Mgmt. 533 Southgate Avenue Iowa City, Iowa 52245 338-6288 ext. I I Approval of a special exception per Section 14-6N- I C, Off -Street Parking Located on a Separate Lot. To permit two separate rental properties to share parking. North side of North Dodge Street, near intersection with Governor Street. 5,655 square feet. Residential, RS-8 North: Residential, RS-5 South: Residential, RS-8 East: Residential, RS-8 West: Residential, RS-8 14-6N- I C, Off -Street Parking Located on a Separate Lot; 14-6W-2B, special exception review standards 16 June 2003 The applicant owns two contiguous properties on North Dodge Street that share parking. The house at 925 requires 3 parking spaces. The duplex at 927-29 requires 6 spaces. Housing inspectors have determined that only 5 conforming spaces exist. Because of the narrowness of its lot, the duplex property has no option but to seek a special exception to locate most of its parking on the neighboring lot at 925 North Dodge. After the first eighty feet of depth, both lots begin sloping steeply down into the gully, so parking is impossible beyond that point. • 2 • ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations of the RS-8 zone, the standards for permitting parking on a separate lot as set forth in Section 14-6N- I C, and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-6N- I C, Off -Street Parking Located on a Separate Lot. The Board may grant a special exception for off-street parking and stacking spaces, aisles, and drives, to be located on a separate lot when two or more uses share the same off-street parking and stacking spaces, aisles and drives. Applicants must also meet seven conditions before the Board can grant the exception. This report omits conditions (2b), (4) and (6) since they do not apply to this request. I . A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and shall contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. The applicant provided a location plan that shows where the required six spaces for the duplex will be, but the submitted plan is incomplete: it does not show curb cuts and drives, the extent of paving, and the required spaces for the house at 925 N. Dodge. Staff recommends conditioning approval on the applicant submitting a complete and conforming site plan. Staff has confirmed ownership. 2. Off-street parking shall be located as follows: a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve shall not be greater than three hundred feet. 925 and 927-29 N. Dodge Street are contiguous and the parking area is within a few feet of each dwelling. c. In the same zone as the principal use. The proposed parking area and both dwellings are in the same zone. 3. Where two (2) or more uses jointly use off-street parking, the number of parking spaces shall equal the sum total of off-street parking spaces required for each use. The house at 925 N. Dodge Street requires three spaces and the duplex at 927-29 N. Dodge Street requires six spaces. Once paved, the parking area should be able to accommodate nine cars. 5. A written agreement, properly executed by the owners within the area of the special exception plan, assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns, shall be submitted with the special location plan as a covenant running with the land. A written agreement from the applicant is forthcoming. The Board cannot approve a special exception if staff have not evaluated and accepted the agreement by the time of the meeting. 3 0 • 7. In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles and drives on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off- street parking; and in the case of non -required parking, the need for additional off-street parking. This is a reasonable solution to providing parking for two separate buildings: the lot is easily accessible to the residents of both dwellings and already serves as shared parking. Paving the parking area and removing the parking spaces in the front yard of 927-29 N. Dodge Street might improve the appearance of the streetscape, but staff hesitates making a solid claim without complete information, such as a conforming site plan. Staff also recommends consolidating the driveways into a single one with a single curb cut. This would also entail removing the apron and the nonconforming front -yard parking spaces and replanting them with grass. General Standards: 14-6W-2B, Special Exception Review Requirements. The general criteria are covered briefly: The requested exception, if granted, would legalize and improve an existing situation, therefore staff believes the proposed exception will not affect the use, enjoyment, value, development potential, or improvement of surrounding property. Nor should it, following the same reasoning, have an ill effect on the public health, safety, comfort or general welfare. Without an approved easement agreement and a complete and conforming site plan, however, such determinations remain speculative. The applicant's property must to comply with the regulations and standards of the RS-8 zone (I 4-6W-213-29. The two lots are currently non -compliant with regard to paving; the applicant will need to correct this. If the Board grants the exception, the applicant will be in a position to comply with the City's off-street parking regulations. STAFF RECOMMENDATION: Staff recommends that EXC03-00007, an application for a special exception to permit off-street parking on a lot separate from the use served be approved subject to staff approval of a complete and adequate site plan that addresses the following conditions: 1. Applicant will provide nine conforming parking spaces; 2. Applicant will pave the parking area; 3. Applicant will consolidate the driveways and curbcuts into a single driveway with a single curbcut; 4. Applicant will restore soil and grass cover to all areas left unpaved and to paved areas removed because of curbcut and driveway consolidation. ATTACHMENTS: I. Location map 2. Proposed Site Plan 3. Photo sheets Approved by: _AN�24_1/ �� Robert Miklo, Senior Planner, Department of Planning and Community Development 0 FILED 2003 JUN 16 PM 4: 01 N CITY CLERK IOWA CITY iOWA 0 20 40 SCALE 1 " 40' ENGLISH IW LINES/ CURVE DATA OF PARCEL ` �h� \ 0=16'55' 19"RT, ��' r R=575.00' 32 L=169.82' _ NE LINE C=169.21 LOT 34 \ N45'21'49" PC STA. _ 13+70.77 1 /2" PIPE (BENT) OO o: PIVp SW LINE . - a} ° + ,� ,Z• � 1 VL Nt • � \ . � , o`+� / � t,�� �/per p� y� Q- nj ,e � � 1 LOT 3ipAG k 3/4" PI 406, 0 ova �� �Q4 � / LEGEND .f '��a� I► SECTION CORNER FOUND AS NOTED MONUMENT FOUND AS NOTED (P) PLATTED OR RECORDED DIMENSION ._(M) MEASURED DIMENSION P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING r ,rig on q2-7-2-Y N ..� EXC03-00007 0 0 925 and 927-29 N. Dodge Street 5 June 2003 p. 1 EXC03-00007 0 0 925 and 927-29 N. Dodge Street 5 June 2003 p. 2 Page 1 of 1 • /` Bob Miklo ................... . From: Bob Miklo Sent: Wednesday, June 25, 2003 4:42 PM To: 'John Hayek' Subject: RE: Dodge Street Special Exception John, Dave Long owns a rental house at 925 N. Dodge, and a duplex at 927-929 N. Dodge. The property at N. Dodge 927-929 does not meet zoning requirements for parking and the property does not contain enough land area to provide sufficient parking and still observe the code requirements of not paving the front yard. So he has applied to build a common 6-space parking lot that will be located on the property at 925 N. Dodge and will serve all three rental units. His plan still needs some work in terms of what will be paved, landscaping and removal of the gravel areas that are now being parked on. The Board of Adjustment will consider the application at their meeting on July 9 at 5:00 p.m. in Emma Harvat hall in the City Hall. If you would like a copy of the application I would be happy to mail it to you. :.. -----Original Message ----- From: John Hayek [mailto:jhayek@hhbmlaw.com] Sent: Wednesday, June 25, 2003 3:01 PM To: 'Bob Miklo' Subject: Dodge Street Special Exception Application Bob: I noticed a sign ref. an application for "Special Exception" posted on the west side of Dodge Street near Governor. Can you tell me who is making the application and what they are applying for? A copy of the application would be helpful. Thanks. ------------------------------------------------------------ John Hayek Hayek, Hayek, Brown & Moreland, L.L.P. Bremer Building 120% East Washington Street Iowa City, Iowa 52240-3976 Telephone: (319) 337-9606 Facsimile: (319) 338-7376 Email: jhayek_a�hhbmlaw._com 6/25/2003 EXC - 03 00007 0 0 925 and 927-29 N. Dodge Street 5 June 2003 P. 1 � � Fxcm3-�¢rnD7 APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: �p % j PROPERTY PARCEL NO. j 60 91663 tg�'7 6 . 166 3V aj©oc1('? -� S4-J APPEAL PROPERTY ADDRESS: 9Dj,05 k Sf- C " 9 Q'T C91 9/), rl-"S� APPEAL PROPERTY ZONE: a- $ APPEAL PROPERTY LOT SIZE: APPLICANT: Name: �� Lc�C7�ca 1Q� iA. s Address: Phone: CONTACT PERSON: Name: , f`Y� i-, (�,� . � . AEI' iv. ou► Address: 5 �3 c,� . Nit►^ Phone: (31cf) 338__ 6 2'98 PROPERTY OWNER: Name: Address.. 8 -8 5G "t Phone: 3lq) 33 8 — 31 &q r- ?� cm Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose for special exception: `Fc) OJUC14-)cia-6 tj • oiGe S —A." LkV -�rt� OR N . 1 4(- bJ . Date of previous application or appeal filed, if any: n �� 71 OW • -2_ • INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: q- i 5 t�• 'jee 5�, 5 5 E 3 - 7 g - LQ E 1 -7 ' 6a f U 9-7$901A). !fitgSk: 0m 5LZCO N W 15 ©. y S W 4 cO C,, AS (413 q B. *Plot plan drawn to scale showing: ` a-' Lod- 3q,5 D oJ'5C 3-- 77y 6" AIF 5.6 s 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. [*Submission of an 82" x 11 " bold print plot plan is preferred.] C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2131, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. 0 t;+ae6e An. ".t&J 0 4b 7 Y D. The applicant is required to present specific information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2132, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. N t3o ` C= --i--� 3 � 0 • 3. • 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 and impair property values in the neighborhood. N� 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 zone in which such property is located. 7N D - 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. _ AU 5. Adequate -measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. ..�, M rri > o 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off -Street Parking Requirements; Sectlr`n 14-6Q, Dimensional Requirements, or Section 14-613, Tree Regulations, as appropriate.] 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS 0 s o _n • -5- • NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless . the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. ?. � ��� l e. C �C L �(&,, Cz eDate:G b Date: ppdadminlappboase.doc 19 ,-)-, L '- nature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) _ Q ev C= cm _ M C)M -0 > O �J J NW LINES ` • OF PARCEL ,L�h for 32 FILED 2003 JUN 16 PM 4: 01 CITY CLERK IOWA CITY, I OWA / r 3s 1\0 NE LINE LOT 34 SW LINE LOT 34 N�( _ , �sO 1 /2" PIPE (BENT) PIP i Iv ��� %�1 SE '6 O �, �� ,l LOT _ / 6 P 0 . 3'0 , 3/4" N 0 20 40 SCALE 1 " .401 ENGLISH CURVE DATA =1655' 19"RT. R=575.00' L=169.82' _ C=169.21 ' N45'21'49" /PC STA. �13+70.77 ��O I i o�o�a oaLEGEN A SECTION CORNER FOUND AS NOTED 4 0 0 MONUMENT FOUND AS NOTED (P) PLATTED OR RECORDED DIMENSION (M) MEASURED DIMENSION P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING q2-7 - 2 Do q HOLLAND & ANDERSON LLP Attorneys at Law C. Joseph Holland Suite 300 Brewery Square jholland@icialaw.com North Linn Street P.O. Box 2820 Iowa City, Iowa 52244 319-354-0331 319-354-0559 (fax) July 8, 2003 VIA FACSIMILE AND HAND DELIVERED 356-5217 Bob Miklo Senior Planner Department of Planning City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Bob: & Community Development Lars G. Anderson ladderson@icialaw.com Vpz�[E-Lo DATE TIME F RE: EXC03-00007 Applicant: David L. Long Property: 927-29 North Dodge Street I have just recently met with Dave Long regarding this property and the pending application for a Special Exception. I just received the Staff Report on the morning of the 8tn. It does not appear to me that we will be prepared to proceed at the hearing scheduled for July 9. The site plan and documentation are not available yet. Therefore, we are requesting that this matter be deferred to the August meeting of the Board of Adjustment. Between now and then we will endeavor to come up with the additional information which we need with respect to this property. Very truly yours, C.'Josep Holland CJH:ses cc: Dave Long STAFF REPORT To: Board of Adjustment Prepared by: John Adam Item: EXC03-00008, 2875 Harvest Road Date: 13 August 2003 Note: Dubuque Rd. has been renamed Harvest Rd. GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Applicable code sections: Midamerican Energy Company 666 Grand Avenue, P.O. Box 657 Des Moines, Iowa 50303 Christopher R. Pose, Connolly Law Firm 317 Sixth Avenue, Suite 300 Des Moines, Iowa 50309 (515) 243-8157 Approval of a special exception to permit a utility substation facility in the Office Research Park (ORP) zone, reduction of minimum lot size and modification of yard requirements. To permit expansion of a utility substation facility. South side of Harvest Road. 3.67 acres. Interim Development Office Research Park, ID- ORP North: Public, P South: Interim Development Office Research Park, ID-ORP East: Interim Development Office Research Park, ID-ORP West: Interim Development Office Research Park, ID-ORP 14-6G-4D, utility substations in the Office Research Park (ORP) zone; 14-6L-1 X(3), reduction of minimum lot size in the ORP zone; 14-6Q-4B, modification of yard requirements; 14-6W-2B, special exception review standards File Date: 16 July 2003 K BACKGROUND INFORMATION: Midamerican Energy Company built the present substation in 1972. In response to increased demand and in anticipation of future demand, the company wishes to expand capacity at its electric substation facility on Harvest Road. In 1983, the area was zoned Interim Development Office Research Park (ID-ORP) which did not allow utility substations. The City Council recently amended the Zoning Ordinance to permit utility substation facilities as special exception uses in the ORP zone (a copy of the ordinance amendment is attached). The Zoning Ordinance also provides that areas zoned ID-ORP will develop according to the standards of the ORP zone. The property owner must obtain an exception in order to enlarge an existing facility, reduce the minimum lot size and reduce required yards. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations of the ORP zone, the standards for reduction of minimum lot size in the ORP zone, the standards for modification of yards, the standards for utility substations and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-61LAX-1. The utility substation shall be screened form public right of way and from residential zones according to the screening requirements in Section 14-6S-11 or the by a decorative wall or fence approved by the Board. The applicant has submitted a site plan showing proposed screening of arborvitae trees along the east and south boundaries in compliance with Section 14-6S-11. There are existing trees along the north and west boundaries. The gas pipeline along the northern boundary may make it difficult to plant additional landscaping along the north side of the substation. 14-6L-IX —2. When considering the utility substation, the Board shall consider the compatibility of the facility in terms of size, scale, location and design in relation to surrounding structures and uses. For utility structures in highly visible areas, the Board my consider requiring a brick fagade. This utility substation is located in an undeveloped area and the surrounding land uses are agricultural. In the future properties located to the west, south and east of the substation may develop for office uses or other uses approved by the City. As discussed below, trees planted as a condition of approval of this application should reduce any incompatibility between the substation and future adjacent uses. Harvest Road, a gravel road, provides access to the substation. Because it ends at the west boundary of this property, it is not likely to have a significant amount of traffic in the future, even if adjacent properties develop. An area of publicly owned land that is not likely to be developed and Interstate 80 are located farther to the north. A hill and the existing trees block views of the utility substation area from the Interstate. In staffs opinion the utility substation is not located in a highly visible area and landscaping shown on the site plan appears sufficient to buffer it from adjacent properties. 14-61LAX-3. The Board may reduce the minimum lot area requirement for a utility substation facility, provided that the applicant demonstrates that the facility will be located, screened and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park. The applicant is requesting an area reduction to 3.67 acres. The 7-acre minimum lot area requirement for the ORP zone is excessive for this type of use. The open spaces and campus -like setting typical of office parks are not needed for a seldom -visited substation. However, seven acres permits broad buffer zones around lot perimeters; in this case, those buffers must be replaced by screening. The south and east sides of the facility will need screening the most. When the surrounding area develops, it will take place in those directions. The applicant has indicated the planting of an arborvitae hedge on the south and east sides. The hedge is projected to grow to a height of about 15 feet. This should adequately obscure the fence. The distribution towers, however, will be approximately 50 feet high. Staff feels that the only method of mitigating views of the towers is to plant large trees in the open space areas on the south and east sides outside the fence. Staff recommends requiring that 10 large trees be distributed along those sides. The number of trees is derived from the number of large trees the applicant would need to plant if street trees were required in the Interim Development zone (1 per 40 linear feet of frontage; frontage length is 400 feet). The applicant may someday run power lines southward as development calls for it, so the arrangement of trees should anticipate that service expansion. There are no foreseeable plans to enlarge the fenced area of the facility, even if a line is run southward. Screening along Harvest Road would be less necessary since the road will likely never be improved. When streets are eventually built in this area, they will branch out from Scott Boulevard. Staff does not recommend requiring screening along the Harvest Road frontage. 14-6Q-4B. The Board may modify the yard requirements when the applicant can demonstrate that the applicant's situation is unique to the property in question and that there is a practical difficulty in complying with the dimensional requirements of the Zoning Chapter. The minimum setbacks in the ORP zone are as follows: Front: 150 feet Rear: 100 feet Side: 100 feet 4 These setbacks are used as a means to create attractive campus settings with ample open space. In this case the public or large numbers of employees will not visit the facility and open space is less of a necessity for substation facilities. As discussed below landscaping may be used to compensate for the reduced setback. The practical difficulty in this case results from two causes. First, the applicant is requesting a reduction of lot size, which shrinks the buildable area to 0.73 acres. Second, the existing facility structures are already non -conforming because they sit within ORP-required yards. Setbacks are measured from the property line to the nearest interior structure, not to fences. In order to fit proposed structures on the lot, the applicant is requesting an 80-foot reduction of the front yard (53%) and a 50-foot reduction of the west side yard (50%); note that these reductions closely conform to the locations of existing structures. The proposed expansion could possibly be oriented and centered so it fits within the buildable area, but the plan is to build off the existing facility. It would be more efficient and reasonable to permit the applicant to work with the existing infrastructure rather than have them adhere to setback requirements that do not correlate to the proposed use. General Standards: 14-6W-213. Special Exception Review Requirements. The general criteria are covered briefly: The requested exceptions, if granted by the Board with appropriate conditions attached, would permit expansion of a necessary utility while compensating —to a practical degree —it aesthetic shortcomings; therefore staff believes the proposed exception will not affect the use, enjoyment, value, development potential, or improvement of surrounding property. Nor should it, following the same line of reasoning, have an ill effect on the public health, safety, comfort or general welfare. STAFF RECOMMENDATION: Staff recommends that EXC03-00008, an application for a special exception to permit a utility substation facility in the Office Research Park (ORP) zone, reduce minimum lot size and modify the yard requirements be approved provided ten large trees chosen from the List of Recommended Trees, as established by the City Forester, will be planted and maintained along the south and east sides of the property. ATTACHMENTS: 1. Location map 2. Proposed Site Plan 3. Ordinance NO. 03-4092 Approved by:'�c�rils�.z.. . Robert Miklo, Senior Planner, Department of Planning and Community Development APPEAL THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: July 14, 2003 PROPERTY PARCEL NO. 1001126002 APPEAL PROPERTY ADDRESS: 2875 North Dubuque Road N�� 1 y e v ".t APPEAL PROPERTY ZONE: ID-ORP APPEAL PROPERTY LOT SIZE: 3.76 acres APPLICANT: Name: MidAmerican Energy Company Address: 666 Grand Avenue, P. 0. Box 657 Des Moines, IA 50303 Phone: CONTACT PERSON: Name: Christopher R. Pose Connolly Law Firm Address: 317 Sixth Avenue, Suite 300 Des Moines, IA 50309 Phone: 515-243-8157 PROPERTY OWNER: Name: MidAmerican Energy Company Address: 666 Grand Avenue, P. 0. Box_657 Des Moines, IA 50303 Phone: it op Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Approval of utility substation facility, reduction of lot size requirements, and front and side yard setbacks. Sections 14-6G-4(D), 14-6L-1X 3 , and 14-6Q-4(B) Purpose for special exception: Date of previous application or appeal filed, if any: May 24, 1972, Special Exception granted for substation construction. i. . I 0 _2_ 0 INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: See attached. B. *Plot plan drawn to scale showing: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. [*Submission of an 82" x 11 " bold print plot plan is preferred.] C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2131, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. See attached. CT > D. The applicant is required to present specific information, not' just opinions, that"the general standards for the granting of a special exception (Section 14-6W-2132, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. See attached. 71 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 and impair property values in the neighborhood. See attached. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for Ws s permitted in the zone in which such property is located. O w �C3 � See attached. 4. 5. 3 Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. See attached. Adequate -measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. See attached. _ 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-61-4, Special Exception Enumerated Requirements; Section 14-6N-1, Off -Street Parking Requirements; Section 14-6Q, Dimensional Requirements, or Section 14-613, Tree Regulations, as appropriate.] See attached. r-3 7. The proposed use will be consistent with the short-range Comprel&sive n of the City. -T1 See attached. 0< - _n :72 Lii -`- 0 E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS Iowa Department of Transportation 800 Lincoln Way, Ames, IA S«ylt) Harvest Management Real Estate _ Holdings, L.L.C. 2565 Bluffwood Lane, Iowa City, IA 52245 American College Testing Program. Inc P. 0. Box 168, Iowa City, IA 52244 City of Iowa City, Iowa (For any road right-of-way) p • -5- • NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless . the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the anginal -appeal _or application. (Section 14-6W-3E, City Code). R Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. MID RICAN ENERGY COMPANY Date: July 15 , 402003 B C Date: ppdadminlappboase.doc 19 Signature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) t `=n cz�" rn 00 f—n _ CA) WILLIAM J. LILLIS RUSSELL J. HANSEN MICHAEL W. O'MALLEY EUGENE E. OLSON STREETAR CAMERON DANIEL L. MANNING CHRISTOPHER R. POSE ADAM C. VAN DIKE CONNOLLY O MALLEY LILLIS HANSEN OLSON LLP ATTORNEYS AT LAW 300 BANK OF AmmcA BuiwiNG 317 SDcrx AvENuE DEs Moms, IowA 50309 TELuHoNE (515) 243-8157 FAx (515) 243 -3919 www.connollylawfn-rn.com Writer's Direct E-Mail: moseAconnollylawfirm.com July 15, 2003 Honorable Chair and Members of the Board of Adjustment City of Iowa City, Iowa 410 E. Washington Street Iowa City, IA 52240-1826 JOHN CONNOLLY, JR. (1 891-1975) GEORGE E. O'MALLEY (1905-1982) JOHN CONNOLLY III (1918-1998) BERNARD J. CONNOLLY (1920-1970) C. I. McNUTT (1 901-1 958) ESTABLISHED IN 1917 Re: Application for Special Exception Use Permit - MidAmerican Energy Company - 2875 North Dubuque Road Honorable Chair and Members of the Board: Our law firm represents MidAmerican Energy Company in presenting to you a request for a Special Exception Use Permit, as well as for lot size and front and side yard setback exceptions. The reasons for these requests are due to MidAmerican Energy Company's plans for expansion of its existing Substation G, which is presently located on the subject property at 2875 North Dubuque Road and is within an ID-ORP zoning district. The existing Substation was constructed in 1972 following approval from your Board of Adjustment. Existing and projected electricity demands now require the existing substation be expanded. The proposed substation expansion can all be completed within the boundaries of the 3.76-acre parcel of land. Utility Substation Facilities are permitted as special exception uses in the ORP Zoning District can be developed in an ID district in accordance with ORP regulations. Your Ordinances also provide that you may grant exceptions to the required seven -acre minimum lot size in the ORP district for substations, as well as to front and side yard setback requirements. In support of our request for the exceptions necessary to allow for development of property on less than 7 acres and with less than a 150 foot front yard and 100 foot side yard setbacks, we submit that our use of the land is somewhat unique to the ORP district. While a corporate office or research park with many employees may desire a campus like setting with abundant open space and 40 CONNOLLY O'MALL E LILLIS HANSEN & OLSON LLP July 15, 2003 Page 2 parking, the substation will have little traffic and is not a destination for large numbers of people. Instead, using as little of amount of land as is necessary, our mission is to help supply part of the infrastructure necessary to allow adjoining lands and community to develop to their fullest potential. Adequate buffering from adjacent uses is also being provided. The substation will be screened in accordance with the attached plans and in accordance with Subchapter L, Section%X of your Ordinance. Q In further support of our request we submit that: Cn vrn 1. The specific proposed exception will not be detrimental to or encto%r t public health, safety, comfort, or general welfare. „ � w The substation presently exists on the subject property and has not proven to be any danger to public health, safety, comfort, or general welfare. The lands adjacent to the substation site remain undeveloped. The substation improvements will expand the load capabilities for the area, which will benefit the future development of surrounding lands and contribute to the safety and prosperity of the community. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The surrounding lands have neighbored the substation since its construction in 1972. The expanded substation will not be exceeding the boundaries of the current property, and will not substantially diminish and impair property values in the neighborhood. 3. Establishment of the specified proposed exception will not impede the normal and orderly development of the surrounding property for uses permitted in the zone in which such property is located. The City's Comprehensive Plan reflects in its economic well-being goals and strategies, that the City desires to provide for the extension of infrastructure which will encourage development in areas designated for industrial and commercial growth". The additional load capacity that will be provided as part by the substation expansion will ensure orderly economic development of the lands surrounding the property. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. An adequate access road exists, and no other utilities are needed for the proposed construction. .,ONNOLLY O'M • S�' ALLE LILLIS HANSEN & OLSON LLP July 15, 2003 Page 3 5. Adequate measures have been or will be taken to provide ingress and egress design so as to minimize traffic congestion on public streets. Other than at time of construction, maintenance and service vehicles infrequently visit the site. All parking of vehicles can be accommodated within the property. 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off -Street Parking Requirements; Section 14-6Q9 Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] The attached site plan conforms to your district regulations and requirements, assuming the lot size and setback exceptions are granted in conjunction with this Application. 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. The proposed construction will aid in providing the utility infrastructure needed for the City to develop in accordance with the Comprehensive Plan. Please consider and approve this request at your meeting of August 13, 2003. We will be present at your meeting to answer any questions you might have. Sincerely, L*Avwa"� Christopher R. Pose For the Firm CRP:cs C ram-- C """ NE CORNER NIDANEAEYN ENERGY COMPANY OF NY . E6f GRAND AVE. PA BOX 657 SEC SE NE 1 7 DES MINES. 10. SILT ,am 5 IN Y7ALw W V^rrr nnnnr rn PLOT PLAN PREPARED BY: DOLGLAS C. rNONER NIDANERICAN ENERGY COFANY IK E.2W STREET ONVENPORT, IOWA szell LAND USE: EXISTING - ELECTRICAL POWER SUBSTATION PROPOSED - ELECTRICAL POWER SWSTATI01 PARKING: REOIIREO . I SPACES THE AREA INSIDE I E PENCE IE AVAILABLE FOR SERVICE vfNICLES EOUIPMENT DIMENSIONS: PI GP Wr AGREENENI IS RECORDED IR BOON N7,,% IRO DA1E0 SEPIENBER 2S, ISOI AM NREPOEO BY AFFENENt RECONpEO IN ROOC 1.7. PAf( NOS DATED MYENBER 211RD. IN DESCRIBES THE PLAINER NN OF SEETIOI 1. T754 R6r. DNIEAMFIILAGREEMENT YAf FOALLO WENOED BY AN AGREENENT DATED ARIIL 0.1ri6 i0 ALLOW PL TIE ADDITION OF TELECOINMIGTI06 TO THE EXISTING AGREEMENT DRIED AL 1M ANNfNOF' IN IRI. -0 REVISES THE OESCAITION OF THE EASENENI 10 EKOPASS THE PROPERTY AS SNO1I1 qME EO. 2 F ELO CIECIOFEO.1MDEKA(RJNO FACILITIES ARE APPROXIMATE UNTIL REFERENCE DRAWINGS: A3292-6 SKIVE-IATIERY DMINDARI L TOPDGRWNY "IEI LEGEND — — — POWER" LINE —x—^ EXISTING N• INNRD WINE FAINT PEKE LINE X--* -.r- *--x INGFW FARM FENCE LINE 0a• SP IN ACE PMi M2W. a.N. ISP.21 —R—O— EX ISIIK SIRS11110N FENCE '—'—•— Pll IM SlSIAII01 FENCE .................e PNOOSEp RYOIK Ifp v l' 141 —TIME I llulo ppcigntel llN CV'� WI NEIGMr IS' nENISTIK YN11-11Er SIRNIE 7 TREES 0 PROOEO E' 141 -- —1 TIRE I YEN LCCNNNIRII WANE NEI011 IS• �I/ PNOpSEp 1' T4L WI11 PINE TREE S(NOBOSN WIIMf IEI WI $ E' INQOSCD i' IAIt BIIIE FIN IRE I NIIES C0K IAL WIIRG FIR ,RTI- Epp• I:10M,S FINDS. e- Nld PRESEIPE L.P. , Fft IK IILLIY6 FINDS. 12• NI01 PRESg,,E PIPELINE P 1.a — — _ FIBER VIIC CON, IN 4.=Ko 12. PINE a' PROOSED IOW LAMP ® EXIST- SIRIENE e " ADD - FOep C INOI ROD - SET MNLKNT FORA 0 DUTY POE —O — EXSISTIG ELECTRIC LIE - DVEIMEAD — PHE — PgppgD ELECTRIC LINE - OYEIREAO Im PORN O KGINOG POI PUMT OF REFERENCE p IE(O WE JUL 2 8 2003 PC THIS OWG. SUBMITTED TO THE CITY OF IOWA CITY FOR BOARD OF ADJUSTMENTS APPLICATION OATE:07i08i2003 NORTHGATE SUBSTATION D MidAmerican DESIGNED: OCT IOWA CITY, IOWA W I C G EN[R6Y G DRAWN: DNC SCALE: I' = 40'-0' APPROVED: OCT PLOT PLAN N E 10 -10 n CITY OF 10 YA CITY N 80 i CO 1 ° CH 1 A. C. T, C� F ID -OR RP i RR 1 RDP RS5 N Ujl �vLE� PRD ID -RS SITE LOCATION: 2875 N . Dubuque Road EXC03-00008 E Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 03-4092 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 61 ENTITLED "ZONING," ARTICLE G, ENTITLED " OFFICE AND RESEARCH PARK ZONE (ORP)," AND ARTICLE L, ENTITLED, "PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES." WHEREAS, the Office and Research Park Zone (ORP) is intended to provide areas for the development of large office, research and similar uses.and the requirements of this zone protect uses in the zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses; and WHEREAS, utility substation facilities, if screened and sited properly, would not be contrary to the intent of the Office and Research Park Zone; and WHEREAS, the 7-acre minimum lot area requirement of the ORP Zone may be excessive for utility substations in certain circumstances, given that there is little traffic or activity at such a site; and WHEREAS, the Board of Adjustment, if given specific authority in the Zoning Chapter, may grant relief from specific requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park Zone (ORP), Section 3, Provisional Uses, is amended by adding a Subsection B as follows: B. Utility substation facilities within a building that houses another principal use allowed in the ORP Zone, provided the substation facility is completely enclosed and there is no visible indication of the facility from the exterior of the building. City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park Zone (ORP), Section 4, Special Exceptions, is amended by adding a Subsection D as follows: D. Utility substation facilities, according to the requirements of Article L of this Chapter. City Code Title 14, Chapter 6, Zoning, Article L, Provisional Uses, Special Exception, and Temporary Uses, Section 1, Provisional Uses and Special Exceptions Enumerated: Requirements, Subsection X, Utility Substation Facilities, is amended by adding a paragraph 3, as follows: 3. In the 'ORP Zone, the Board of Adjustment may reduce the minimum lot area requirement for a utility substation facility, provided that the applicant demonstrates that the facility will be located, screened, and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval ZA on, as provided by law. nd proved this t f J u y -- , 2003. ATTEST: 7� CITY RK Approved by oe- City Attorneys ffice STAFF REPORT To: Board of Adjustment Prepared by: John Adam Item: EXC03-00009, 1911 Broadway St. Date: 13 August 2003 GENERAL INFORMATION: Applicant: A. R. & Diana Bryant (d.b.a. The Rack) 1911 Broadway Street Iowa City, Iowa 52240 Contact person: Property owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: A. R. and Diana Bryant 338-2200 Southgate Development 755 Mormon Trek Boulevard Iowa City, Iowa 52246 Approval of a special exception per Section 14- 6E-5D-1, auto- and truck -oriented uses. To permit a drive-through/carry-out restaurant in a CC-2 zone. Pepperwood Plaza. 1,600 square feet. Restaurant, CC-2 North: Commercial, CC-2 South: Residential, RM-12 East: Residential, RM-44 West: Commercial, CC-2 14-6E-5D, auto- and truck -oriented uses in the CC-2 zone; 14-6W-2B, special exception review standards 17 July 2003 The applicants recently opened a restaurant called The Rack in Pepperwood Plaza. The seating area of the restaurant is less than fifty percent of the total floor area; by Zoning Chapter definition, this makes it a drive-through/carry-out restaurant, which is an auto - and truck -oriented use. Auto- and truck -oriented uses are permitted only by special exception in the Community Commercial zone. F ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception for the establishment of an auto- and truck -oriented use if the requested action is found to be in accordance with the regulations of the CC-2 zone and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-6E-5D, Special Exceptions: Auto- and Truck Oriented Uses. There are no specific standards for review of applications for this type of use. The main concern for this kind of exception is traffic effects and availability of parking. General Standards: 14-6W-213, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. b. 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. Pepperwood Plaza is easily accessible by car; traffic generated by the proposed use would be a minor fraction of the total. Sufficient parking is available to serve this use as well as the other businesses in the shopping center. c. 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 zone in which such property is located. Restaurants are permitted uses in the CC-2 zone. The definitional technicality of seating area in relation to total area is the only thing that makes this use different from another restaurant use. As noted above sufficient parking is available to serve this use and other businesses. e. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. This use will not generate traffic that Pepperwood Plaza was not designed to handle. There have been no reported problems concerning traffic access from Broadway Street, which is the primary point of vehicular access to Pepperwood Plaza. The shopping center also has access from the west through the Kmart parking lot. f. 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. The proposed use occupies an existing commercial space and has been approved by Housing & Inspection Services to begin doing business. The current application will permit the applicants to install a seating area. g. The proposed use will be consistent with the short-range Comprehensive Plan of the City. The Comprehensive Plan identifies this area as appropriate for commercial uses and supports the incubation of new, locally owned businesses. STAFF RECOMMENDATION: Staff recommends that EXC03-00009, an application for a special exception to establish an auto- and truck -oriented use in a Community Commercial zone at 1911 Broadway Street be approved. ATTACHMENTS: 1. Location map 2. Proposed Site Plan Approved by: z,� Robert Miklo, Senior Planner, Department of Planning and Community Development APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: J �5 D3 PROPERTY PARCEL NO. APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: APPLICANT: Name: Address: /q / /,+�D�buJ/f Phone: f 5I 33E - c�W O rf CONTACT PERSON: Name: , �v v /�N � Atli Address: C Phone: g 1 3 3k -,,ODD CD PROPERTY OWNER. Name. Address:i'J Phone:5�- Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: I q .- & 6 - 5 � — I : &-1-b --- ,, -0,ecwjzQ (ts 6e—,� z - __U0 Purpose for special exception: d '�Li�,�c(IT fye _. ILI �-r R ' OaT Date of previous application or appeal filed, if any: INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: O w BRAVERMAN CENTER LOTS 4, 5B & PART OF LOT 7 & OUTLOTS A & B BLK 1 DESC AS AUDITOR'S -----"' PARCEL #2000005 IN S U RV B K 41 PG 218 B. *'Plot plan drawn to scale showing: 14 S ; w 1. Lot with dimensions; c=) 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. [*'Submission of an 82" x 11 " bold print plot plan is preferred.] C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2131, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. 1 60)40 A. o444 k16 Qje—sp' �-'' .C10 4�4-OcV0 t2 L �5, 1 D. The applicant is required to present specific information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2132, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. AA l f l�J fti. A-t-> C t (6 0 E N 7)PLO-106 S. -3- i 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 and impair property values in the neighborhood. JtL"' 04576 14, Ik P,(1)P1r1'L '(_)6ZePT_)qt'-bS 141VJ t,. %5 E C y C C, 60, Tf r s NO 0,� --ry o-O 46T,,f4 f poy:o Cy &,_ .do r RC 11VJ-U_1e1'Og r pX__ 3. Establishm4nt of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Arr ��!M 177 N10 o nl C 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. IN 5,06C76D 4na D 4PPehV&V O)CWcAi &)Al. 5. Adequate -measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. l lr td '4,W 60 Pub c yc �t-AT � ,at/ lS �� � IAL_,�tIAJ ���2V PCA4 O J � i�n -0 a N A- 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-61-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off -Street Parking Requirements; Sectir`n 14-6Q, Dimensional Requirements, or Section 14-613, Tree Regulations, as appropriate.] /7 017Wu i 1 � S 441b _0r- J A 06_, 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. lvt^d1-0 E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS O C= -�, c.._ cr% I Fri "'v !FTI �' NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless . the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: Signature(s) of Applicant(s) 1 Date: ppdadminlappboase.doc Signature(s) of Property Owner(s) if Different than Applicant(s) Q r-4 w > 0 71 M —0 _ C.J O 1V 41e ' Z EMERGENCY 1'-4 LIGHTING l fIDUR FIFE vµL 2 LAYERS 6 S/B' [%[STING VKL BETVEEN LWITS tS 2' TYPE X SMEEIppCK TO RDOF, FIRE X 4• STEFL VITX S/B' ON SPJTN SIDE CKN All IBMOLIMS. AND 1/2' N1 Ng1TH SmE. 44'-2' y l Q'_q• E%ISi1NG VALL2 O C i Y 6, J� MEN - 1 V 1 C /�� �^�� iii--.JJJ"`JJJ B l.' V �(/�� y-� `emu g'. WOMEN 3'-2• KITCHEN m 1 } A - 16' 3'-2',�- 11'-4�' 10' YKL TERRACAD DDVN TD Y v1TH A � >/2' OSB 80TH SIDES VITXTYPE n XSHEETRtxx. . I1'-7 _9i0'-3' STORAGE }�" ,J� 5'-1' Y z 3' WAITING / PICK-UP 24'-10' q' 3' NEYLY CONSTRUCTED WKL Y % 4' % 5' HOLD WITH 1/Y OSB W BDTN SIDES, 5/Y 19'-2 {� °PEN 5' TYPE x sleEtF ' NEVLY f1NSTRUCTED VKL Y x 4• X 10' � 3'-2' l' VITH 1/Y 058 ON $ITX SIDES, S/e• TYPE x SI£ETRDIX, 'Y' O 5'-11' 15'-4�' ql• HORTH VKL 1S WTSIDE G KRK HGTES, S/B' TYPE X SI&ETR WALL WIN 1O2'-SO' ON INTEW , E%ISTING A IIppD VIDT! 4' X 12' WIN !2'A EXHAUST P]pE, AIID iV0 6' % 12' RETURN AIR DUCTS. EXHAUST PD'E TD 8E {6CM M LARGER VITX NEEDED SEAMS AND 3-M FIRE BARR�R DUCT WRAP FIR SC 1 14]UR PRDTECTD]N. EXHAUST FAN 2 CFN 2-20 AMP 120V IQDD EWIPPED VRX F{RE SLPPR[SSIDN SYSTEM. ® SMDXER TWD -UST, O 4' TRIPLE WALL PIPE AND SECOND VEK TYPE 1 PIPE. 24' AMP 120V. GAS UNIT Muir K IB' FRDM [IB®LLST]BLE$ I r, . l Q Q P l a n 24• DN FRONT. ON SIDES AND REAR AND ©UNDER HmD -GAS STOVE AND E F0.1ERS. 1-MoV 2D AMP CHECK APPLIANCES FDR A DF BTU INPUT. 'e 1 .,u PIBnsR wed for Constniyyon h Nolo, s This building must be accessible BY '—— Ttothephysicaliydisabled City OflowaCity . Rff E 7�L�CODE DEFICI@JCIES F'" b peMiy B rattle GPggPR y GWnp 11M STAFF REPORT To: Board of Adjustment Prepared by: John Adam Item: EXC03-00011, 673 Scott Park Drive Date: 13 August 2003 GENERAL INFORMATION: Applicants: Dean & Dawn Clermont Requested Action: Reduction of required west front yard setback from forty feet to thirty-four feet for a house in a Low - Density Multi -Family (RM-12) zone. Purpose: To allow the enclosure of an existing deck. Location: 673 Scott Park Drive Lot Size: 8,587 square feet Existing Land Use and Zoning: Single-family residence, RM-12 Surrounding Land Use and Zoning: North: Low -density, multi -family res, RM-12 South: Low -density, multi -family res, RM-12 East: Low -density, multi -family res, RM-12 West: Low -density, multi -family res, RM-12 Applicable code sections: 14-6Q-4B, Exceptions to Established Setbacks; 14-6W-2B, Special Exception Review Standards File Date: 23 July 2003 BACKGROUND INFORMATION: The residences along Scott Park Drive are located on double -fronting lots. The back of these residence front on Scott Boulevard, an arterial street. Residential lots on arterial streets are required to have at least a forty -foot setback from the lot line; normally a front setback is twenty feet. The purpose of the deeper setback is to provide additional buffer against traffic and afford residents some measure of peace and privacy. The applicants have a second -floor deck that they wish to enclose for added comfort and privacy. The deck currently extends 6 feet into the 40-foot setback, but uncovered decks are permitted obstructions in yards. Enclosing it would make it an extension of the primary structures; primary structures cannot extend into any yard. If the applicants are to enclose the deck, they must obtain a special exception. 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 z grant relief from the requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standards: 14-6Q-48, Exceptions to Established Setbacks Subsection 6Q-4B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of this Chapter and that conditions of Article W of the Zoning Chapter can be met. Unique Situation This property has frontage on three streets including Scott Park Drive, Court Street and Scott Boulevard. It therefore has three front yards — a highly unusual lot configuration. The dwelling on this property is a zero lot line single-family house with no yard on the south side of the property because the house abuts the house on the adjacent lot. This combination of factors leaves no yard that serves a traditional back yard and limits the location for features such as the porch/sunroom proposed by the applicant. The deeper -than -normal setback form Scott Boulevard compensates for having frontage on an arterial street. The resulting yard is large enough to accommodate mitigating and buffering features such as berms, fences, hedges and additional trees. The fagade that faces Scott Boulevard of the applicant's zero -lot line dwelling is offset five feet in front of the adjacent dwelling. This places the applicant's dwelling within four feet of the setback line along Scott Boulevard. This allows for the enclosure of four feet of the deck, however, this dimension is not adequate to serve the purpose of a sun porch. Additionally, all the dwellings along this frontage use the yard between the dwelling and Scott Boulevard for typical backyard -type uses. The applicant's property has a privacy fence that encloses this portion of the property. Practical Difficulty As noted above this particular lot is located at the end of a series of lots resulting in a triple - fronting lot that faces not only Scott Boulevard and Scott Park Drive, but Court Street as well. Court Street is also an arterial street and therefore the applicant would not be able to locate the sun porch on the north side of the house without a special exception for a yard reduction. Due to the existing configuration of the dwelling and the site features and landscaping, construction of a new sun porch in the north setback would be difficult due to the need to reconfigure the dwelling's plan and fenestration, as well as the site features and landscaping. Setback Review Standards In addition to determining whether the situation is unique and if there is a practical difficulty, the Board has typically used the following standards to judge the merits of requests for yard reductions. 1. How substantial is the exception in relation to the requirement? The enclosed porch would cover approximately 3 percent (84 square feet) of the required rear yard. In staff's view this in a minimal exception. 2. Will the specific proposed exception, if granted, increase the population density or affect the use of municipal facilities? No. 3. Will a substantial change or detriment to the neighborhood be produced by the exception? 3 At least two other houses in the same block have screened -in decks of similar bulk to the porch proposed. Staff does not feel that the proposed alteration will substantially alter the neighborhood. 4. Is there some feasible alternative for the applicant in lieu of the exception? The applicants have the option of reducing the porch's depth to 4 feet, which would create an unusable space. 5. In view of the manner in which it arose and in consideration of the above criteria, would the interests of justice be served by granting the yard modification request? Decks and balconies may intrude into yards because they are open structures without substantial vertical and horizontal bulk. The Zoning Ordinance draws the line at additions or enclosures that add bulk. The purpose of the special exception to relax the rules when a reasonable modification is requested. Staff feels that in this case, since the balcony structure already exists, the addition will have mostly transparent walls that appear less bulky than typical additions, and the intrusion into the Scott Boulevard front yard is minimal, the interests of justice would be served by granting the request. General Standards: 14-6W-28, Special Exception Review Requirements The applicants' statements regarding each of the seven general standards are included within the attached application. Staff comments regarding the special exception application were covered above. Staff believes that the reduction of setback would not affect the use and enjoyment of the neighboring property, nor impede the normal development of neighboring properties. STAFF RECOMMENDATION: Staff recommends that EXC03-00011, an application for a special exception to reduce the required front setback along Scott Boulevard from forty feet to thirty-four feet in the area of the balcony indicated on the submitted site plan for a single-family home in the Low -Density Multi - Family (RM-12) zone be approved. ATTACHMENTS: 1. Location map 2. Proposed Site Plan Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development • APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: 7-ZZ--Z003 PROPERTY PARCEL NO.0QIRZL.9OZz— APPEAL PROPERTY ADDRESS: & 73 .scoy^t 3�j , �_(��j� �R- 619 APPEAL PROPERTY ZONE: �m I L APPEAL PROPERTY LOT SIZE: s' ('3q APPLICANT: Name: 26.4 Ok D+ w." G l e r M O O%4 Address: _103 SCO4 06v i�Vn Phone: Oil?- 4 $8 - 90100 CONTACT PERSON: Name: -2>Ca n *A bow K eld r m "1*4 Address: 673 Sco4- 7�xvL lj�d, �r�v Phone: 319 — (9 0 - 9 00 PROPERTY OWNER: Name: DCo v.. 4- d)R w &'k G I e tr rw0v4 Address: 6,73 Sct-44 vr-, Phone: ..31 9-- & $8 1 9P400 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: �35'�7 15r F4. Purpose for special exception: rt r,/asp eei%� ►,�s�� Q rea. i"� �o sin �°Or. Date of previous application or appeal filed, if any: ,/ onp, • 2- • INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: -Seca �G���c���xr�'�' 'Pa� C) -r\� L-O-� I o B. *Plot plan drawn to scale showing: -) Fri 1. Lot with dimensions; - 30 2. North point and scale; 3. Existing and proposed structures with distances from property lines; Y' 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. [*Submission of an 82" x 11 " bold print plot plan is preferred.] each C. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2131, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. 1e ek ;_s plies SCre,eK 4PorQo1 ram- a.re-CL_ c d / k, a. i D. The applicant is required to present specific information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2132, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. dle& a re a &.r v -e o 0 LKsec�s . �ASS a.�// ;4 �i.rcc o�•^ i%4/��...i4. Y 00a! 1/i F Fr - 1w.1'e e,1ss 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 and impair property values in the neighborhood. ,do&$ rf ®1 JZ/C lOieDervol te.s O'k.. arda_ Qled'^L 4ve. e K Sy r�. P ayCjlti Q t . tve keg P le ra eat A. 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 zone in which such property is located. LU C YL G Se's 6,oG-k rh 4. Adequate utilities, access roads, drainage and/or necessary facilities hav�beenits'- or are being provided. o rr- Job rocA- 5. Adequate -measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. J�i%rs ,0r ♦ e c iF L& Wo y`- Ive r /a�.�.,. e4 cL t, .1 i'C _ C- Na w _ t'T'i -o NJ -4- 0 • 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off -Street Parking Requirements; Sect;(-n 14-6Q, Dimensional Requirements, or Section 14-613, Tree Regulations, as appropriate.] N nc C. � i �.� �. �� 'bui d rNI "' - "I 1 n �S \ �' v n 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. W-c, �,cd 4" U)17JJ to 6AC f- ©U-r DA-® Vej-tA LUIJ � 1 E. List the names and mailing addresses of the record owners of all pr � within 300 feet of the exterior limits of the property involved in this appe4t: NAME IY1r� whm Al lek� 1J l 4 MrsP-0- M.4 rthA + & ',tj W 1i v •im located N ADDRESS 6(7 Sea# TtXrI% ))ri ve. IYC, 7c;Z gas+ COCA S+rao__�_ I -le, 5 ZZ Y � Aee Z),Pj 1�� __7 e - ��- Scd4: _&rk Or- T(, S-zz.Ys- P" k b-Tc. S?_z+5 • 5- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, Improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless . the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City -May presen a court of record a petition for writ of certiorari duly verified, ing forth that such 6cision is i egal, in whole or in part, and specifying the gro ds of the illegality. (Section 14- 7, City Code). Such petition shall.be presen d to the court within thirty (3( d after the filing of the decision in the office of e City Clerk. Date: -Z Date: ppdadminlappboase.doc 19 bK0,,cNJ_- Signature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) o r-- 71 4C C t.3 r zu lIZJ VCX> L- wLT�'I I e_ 40 J i i Sv ore 1 yX� � t ai _ 4 I -C-�ii vi �,� U-t;li44es � �Gd-�f PCX,-,r- I,( C-I J� ' _ r".10 C=:i L4113 c w N E Gil 07/21/2003 MON 16:07 FAX 319 3# 1101 HOME TOWN RESTYLING IOWA CITY IM001 PLOT PLAN ADDRESS 73 J-00 1. , Show side streets, if any, on proper side. ,2. Show plan detail of fence thus x x x x--- x x 3. Describe fence, show dimensions, where it starts, runs, and stops, 4. Show location of accessory buildings from house and the lot lin13s. 6. Show location of all easements. feet � inches C Q1 c � Rear lot & prop I line y y' Raga #K* Y . ! A rct. l ,3v' v� C o f ( �73 j CL L. n a w cn � HduSE eo' 101 3D Fron I & property line feet inches f Steel corner marker of all corners 991 Show wliicli arrow points North r D OA Owner �494 A Ci ( e r 1io4 Date 7,0—Z^02 eLDG • 1304 -oo 1