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HomeMy WebLinkAbout07-14-2004 Board of AdjustmentAGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, JULY 14, 2004 5:00 PM EMMA J. HARVAT HALL A. Call to Order I_ Mzn. I11q 111 C. Consider the June 9 Board Minutes D. Special Exception(s) 1. EXC04-00014 Discussion of an application submitted by Englert Civic Theatre, Inc. for a special exception to permit a historic sign that does not conform to the sign code (an animated lighted sign that also exceeds size limits) in the Central Business (CB-10) zone located at 221 E. Washington Street. 2. EXC04-00016 Discussion of an application submitted by Shelter House for a special exception to permit Transient Housing in the Intensive Commercial (CI-1) zone located at the southeast corner of the intersection of Southgate Avenue and Waterfront Drive. 3. EXC04-00017 Discussion of an application submitted by Cynthia Parsons for a special exception to 1) reduce the front yards from 20 feet to 17 feet, 2) reduce a portion of the side yards from 3 feet to 0 feet and 3) allow a common driveway to be located partially on a separate lot for properties located in the Medium Density Single -Family (RS-8) zone located at 1128 and 1130 E. Washington Street. E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING —AUGUST 11 Shared/pod/boafi les/agend a To: Board of Adjustment Item: EXC04-00014 GENERAL INFORMATION: Applicant: Contact person: Requested Action: Purpose: Location: Existing Land Use and Zoning Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Shelley McCafferty Date: July 14, 2004 Englert Civic Theatre Inc. 221 E. Washington Street Iowa City, IA 52240 Tom Rosenberger 503 Stewart Court Iowa City, IA 52245 Special exception per Special Sign Provisions 14-60-7, Sections 1.2a and 1.2b Special exception to restore historic sign with running circuit lights. 221 E. Washington Street Theater, CB-10 North: Commercial, CB-10 South: Public Library, P East: Commercial, CB-10 West: Commercial, CB-10 14-6W-2B, special exception review standards 14-60-71, 2a-b; Special Sign Provisions, Historic Signs; Signs for Historic Structures in Historic Zones May 19, 2004 The applicant, Englert Civic Theatre Inc., is requesting a special exception to allow the rehabilitation of the historic marquee, which is a nonconforming sign. The rehabilitation will include the restoration of the lights that operate on running circuits and animate the sign. Section 14-60-6 of the sign code specifically prohibits animated signs. The sign ordinance defines an animated sign as a sign that has moving parts or has intermittent light. The marquee is also classified as a canopy sign and canopy signs are limited in z size to 12 square feet and may not extend above the top of the first story. In both of these respects, the Englert marquee is nonconforming. However, section 14-60-71 allows the Board of Adjustment, by special exception, to allow nonconforming signs for buildings listed on the National Register of Historic Places. The Englert Theatre was listed on the National Register in May, 2001. 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 CB-10 zone and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-60-71, 2A-B, Historic Signs, Signs for Historic Structures and Signs on Structures in Historic Zones Signs that do not conform to the sign standards may be allowed by special exception for buildings that are registered on the National Register of Historic Places or in a Historic Preservation Overlay (OHP) zone if the sign is in keeping with the architectural character of the structure and is appropriate to a particular period in the building's historic or an integral part of its identity. All applications under this provision of the code must be reviewed by the Historic Preservation Commission for comment. At their May 13, 2004 meeting the Commission concurred with the National Register of Historic Places registration form which states: "The marquee, ca 1950, is at least the third to mark the theater's entrance and is the landmark icon that represents the entire building for the general public .... The use of color and electricity to generate excitement, convey information, and illuminate this sign makes it an outstanding mid-century marquee with high integrity." By a vote of 7-0, the Historic Preservation Commission determined that the Englert marquee was an integral part of the Englert Theatre's identity and recommended that the Board of Adjustment approve this special exception. General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the seven general standards are included with the attached application. Where appropriate staff comments on these standards are set forth below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The purpose for prohibiting animated signs is to minimize visual clutter and distractions for motorists. If approved, the Englert marquee will be the only animated sign in the downtown vicinity. Washington Street, on which the Englert Theatre is located, is a one-way street with relatively slow moving traffic. For these reasons, the animated Englert marquee should not be detrimental to or endanger the public health, safety, comfort or general welfare. 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 or impair property values in the neighborhood. The rehabilitation of the Englert Theatre has received substantial public support. There are efforts by the public and downtown community to establish downtown as an arts and culture district. Because marquees are intended to create a sense of excitement, restoration of the animated lights will contribute towards creating a vibrant arts district. Restoration of the Englert marquee should contribute to the improved vibrancy of the downtown. 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. With approval of this special exception to allow the nonconforming aspects of the Englert Theatre marquee, relative to this specific exception, the marquee will conform to applicable regulations. However, because the marquee extends over the public right-of-way, a license agreement for temporary use of the right-of-way would be required by the City Engineer. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan and the Iowa City Historic Preservation Plan supports the preservation of Iowa City's historic buildings and resources. Restoration of the Englert Theatre marquee and rehabilitation of the theater is in accordance with the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that EXC04-00024, an application for a special exception to allow the historic Englert Theatre marquee, which is a nonconforming sign, be approved subject to issuance of a license agreement for temporary use of the right-of-way by the City Engineer. ATTACHMENTS: 1. Location map 2. Application Approved by: / ` 41/� 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: _ o PROPERTY PARCEL NO. ZO l® 33 APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: APPLICANT: Name: Address: ` �b Phone: la9 cf 626'"3 {j CONTACT PERSON: Name: Address:, �) � l.-"-1 '4w r �5 !3 Phone: �f 7! // D PROPERTYOWNER:Name: % / Addr s:/ ,�.// lL c�a Phone:���,2(O Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: 2M -n r co Purpose for specia//l--exceptio/n: 4do�4' a)klck4w&IUv4A Gi J�S Date o previous application or appeal filed, if any: 4 -2- — INFORMATION TO BE PROVIDED BY APPLICANT: Ali A. Legal description of property: �,iJ fio.� f LD 63- 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). V 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. 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-2B2, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health. safetv. comfort, or general welfare. c^L X ( -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. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses pe mitted in the zone in which such property is located. 4. Adequate utilities, access roads, drainage.and/or necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. AIR �y r t,0 1 -4- 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 14-6Q, Dimensional Requirements, or Section 14-611, Tree Regulations, as T. 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 Ae" i ADDRESS -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-2133, 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: , 200Y Date: , 20 ppdadminlappboase.doc of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) 0 n • 'C = 3 tL3 STAFF REPORT To: Board of Adjustment Prepared by: Robert Miklo Item: EXC04-00016 Date: July 14, 2004 429 Southgate Avenue GENERAL INFORMATION: Applicant: Shelter House 331 N. Gilbert Street Iowa City, IA 52245 351-0326 Contact Person: Dwight Dobberstein Neuman Monson 111 East College Street Iowa City, IA 52240 338-7878 Requested Action: Approval of a special exception for transitional housing for up to 70 persons. Purpose: Shelter, meals and vocational counseling for homeless persons. Location: 429 Southgate Avenue Size: Approximately .66 of an acre Existing Land Use and Zoning: Undeveloped; CIA Surrounding Land Use and Zoning: North: Group Care Facility; Office; CIA South: Residential; RFBH East: Parking lot; CIA West: Childcare Center; CIA Comprehensive Plan: General Commercial Applicable Code Requirements: 14-6E-5D-7, Transitional Housing in the CI-1 zone 14-6W-2B, special exception review standards File Date: June 17, 2004 Background Information: The applicant, Shelter House, is a non-profit organization that provides shelter for homeless persons. It currently operates a shelter at 331 N. Gilbert Street. The applicant is proposing to build a new building to provide temporary housing as well as meals, vocational counseling and bathing facilities for their clients. The new building is proposed at 429 Southgate Avenue in the Intensive Commercial (CI-1) zone. KA Analysis The purpose of the zoning chapter is to promote the 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 zoning chapter to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board of Adjustment may 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. 14-6E-413-7, Transient Housing. The Intensive Commercial (CI-1) zone is intended to provide areas for sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in building not completely closed. The Code also states that "special attention must be directed toward buffering the negative aspects of these uses from any residential use." Transient housing is permitted in the CI-1 zone by special exception. Transient housing is defined in the zoning ordinance as: "A structure owned and operated by a non-profit organization... providing a temporary residence, for a period of not more than ninety (90) days, for persons in need of emergency shelter and temporarily unable to pay for housing." The Code requires that 300 square feet of lot area for each permanent resident (resident staff) of transient housing and 200 square feet of lot area for each temporary resident. The applicant indicates that there will be no permanent residents. They are designing the facility to accommodate up to 70 temporary residents and therefore a total lot area of 14,000 square feet is required. The applicant's property is approximately 29,000 square feet or well over the amount required for 70 occupants according to the Zoning Code. As noted in the CI-1 intent section, care should be given to buffer residential uses from some of the more intensive commercial uses that are permitted in the CIA zone. There is a childcare center located across Waterfront Drive, for which no buffering would be necessary. There is a parking lot located to the east of the property. This parking lot was approved by special exception to allow off-street parking for the MCI facility located north of Southgate Avenue. It is possible that in the future this parking lot may be developed for an intensive commercial use, such as an auto and truck oriented use or contractors yard. For this reason staff would recommend that an evergreen screen be planted along the east property line. The applicant has submitted a revised site plan showing an evergreen screen along the east property line. The property to the north of the applicant's site contains the offices and transitional residential facilities for the Mid -Eastern Council of Chemical Abuse (MECCA). Being a similar use no buffering would appear to be required. To the northwest of the property an auto repair shop is located at the corner of Waterfront Drive and Southgate Avenue. Because of the intensive commercial nature of this repair shop it would be appropriate to have a buffer along the northwest side of the proposed Shelter House to help buffer views and noise from the repair shop. However an evergreen buffer would be difficult to establish in this location due to the need to keep the vision triangle clear for motorists traveling through the intersection of Southgate Avenue and Waterfront Drive. The site plan does show four trees to be located near the northwest corner of the Shelter House property. These trees should help mitigate the effects of the intensive commercial uses. The property to the south is zoned RFBH and contains single-family manufacture homes. There is an existing cluster of trees located on the adjacent property. The applicant has proposed an 8 foot high privacy fence to screen the outdoor activity area. The fence in combination with the existing trees will help provide a transition between the two-story Shelter House and the one story residential dwellings to the south. 3 General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the seven general standards are included with the attached application. Staff comments on these standards are set forth below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; and 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; and 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. The property is located in a neighborhood that already includes human service agencies such as MECCA and the HACAP day care center. Shelter House would appear to be compatible with these uses. As noted above the CI-1 zone does permit intensive commercial uses that may not be compatible with residential uses. Such businesses are likely to operate during the day when there will be less activity at the shelter. Because the CI-1 zone is intended for intensive commercial uses, as noted above staff recommends that the Shelter House provide landscaping to buffer the shelter from the potential negative affects of intensive commercial uses. This land use is one that neighboring property owners often object to. The applicant's chosen location is one of the few areas in the city that has adequate utilities and bus service and that is available at a price affordable to a non-profit agency. The applicant's site plan does show landscaping and a privacy fence to help establish a transition between the proposed two-story tall Shelter House and the adjacent lower scale residences. The Board has received material from the Waterfront Neighborhood Association regarding concerns about Shelter House. The applicant has indicated that they will present information to Board describing management practices designed to address these concerns. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. This property is located in a commercial subdivision that has adequate drainage and access to Southgate Avenue, a collector street. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. One driveway from Southgate Avenue will provide access to an 18-space parking lot. 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. The proposed two-story building meets the dimensional requirements of the CI-1 zone. Eighteen parking spaces are required and are shown on the site plan. The street tree requirements will be met. The building may include two exterior stairways to provide access to the second floor. The applicant's architect has indicated that the exterior stairwells will conform to the City's guidelines for exterior stairwells. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. This property is within the South District Plan, which depicts the area as appropriate for intensive commercial uses. The Comprehensive Plan's social services vision statement recognizes the community's need to supporthuman services such as Shelter House. STAFF RECOMMENDATION: Staff recommends that EXC04-00016, an application for a transient housing (Shelter House) in the CIA zone located at 429 Southgate Avenue be approved subject to general compliance with the submitted site plan including a landscape buffer being provide along the east property line, an 8-foot tall privacy fence being provide along the south property line and compliance with the exterior stairwell guidelines. ATTACHMENTS: 1. Location map 2. Proposed Site Plan 3. Items submitted by the Waterfront Neighborhood Association Approved by: Jeff Davidson, Assi a Direc or Department of Planning and Community Development _ EkC04 -CCOI f� APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: Jugs 1(0j 2coe{ PROPERTY PARCEL NO. 200' ll(p APPEAL PROPERTY ADDRESS: S£h.1-(-�4 &A7C Aa�Ot 16WA C` APPEAL PROPERTY ZONE: CS-i APPEAL PROPERTY LOT SIZE: . 4� A-ccr E. z9.13/4 5,F. APPLICANT: Name: J 4AEl.T F:� R, }�DuS 1 Address: 3 N . (103EP-T ST- Phone: 3rJ(' 05-7 to CONTACT PERSON: Name: QW(b41 Oo( (3,! RRSTEj Address: (I 1 Eas [ Cac LL-6 E6 S Phone: 558 - -78 18 PROPERTY OWNER: Name: S(-4��rE2 Vco5e Address: 331 r�&w3caT- Sr - Phone: -J rJl . 032(o r._ F p' N 'N Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose for special exception: CAA4 I1sSvv Date of previous application or appeal filed, if any: Nam k5 -2- INFORMATION TO BE PROVIDED BY APPUCANT: A. Legal description of property: AIV N B. *Plot plan drawn to scale showing: A rrA-t4 E✓o 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-2B1, 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. " rt a.,.K ro — D. The applicant is required to present specific information, not just opinions, that the generaI standards for the granting of a special xcaption (Section 14-6W-2B2, City Code), enumerated below, will be met: t-> 1. The specific proposed exception will not be detrimental to W en�ng"e public health, safety, comfort, or general welfare. x� �: ry 4 -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. Dr`rTA-CXI� 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. 4--rT 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. rrnr'ii AC 1kCO 5. Adequate treasures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. U -71 -4- 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; Sectlen 14-60., Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] At,4vt.� 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. ck� 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 r-: g S 10 a:s 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, Umitations 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: U Date: ppdadminlappboase.doc 19 i Signatures) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) N 71 ?:7 �� ru Appeal to the Board of Adjustment for Special Exception — Attachment #2 C. The site is currently a vacant lot located on the corner of Southgate Avenue and Waterfront Drive zoned CI-1. The surrounding neighbors include a mobile home park, a parking lot, a metal shop, a child care center, offices and apartments. The lot is approximately .67 acres with a 30' drainage channel easement along the south property line. The proposed use is for the construction of the Shelter House, a transient housing facility providing temporary residence for up to 70 people. The facility also provides office space for 10-15 staff and volunteers. Zoning requires 18 parking spaces. Access to the parking is from Southgate Avenue. However, many of the residents walk, use bicycles, or public transportation. Consequently, impact on traffic and circulation in the area is expected to be minimal. D1. The purpose of the project is to promote public health, safety and general welfare by providing shelter and support services to those people who need it the most. The shelter provides a safe haven for homeless people and includes a nurse's office for medical needs. D2. The proposed structure will be an attractive a two story building on a nicely landscaped yard. Green space on the south side of the lot will be used outdoor picnics and children's playground screened from neighbors by existing trees and bushes. The present Shelter House is located in a residential neighborhood in the Northside Neighborhood of Iowa City. It has not adversely affected surrounding property or diminished property values. D3. This project will not impede the development of the surrounding property because it has already been developed except for the parking lot to the east. The parking lot is easily accessed from Southgate Avenue for future development. D4. Public utilities are already in place since most of the surrounding area has already been developed. This project will not pose an unusual demand on any of the existing utilities. D5. Ingress and egress to the facility is from Southgate Avenue is not expected to affect traffic due to the small number of vehicles anticipated. D6. Section 14-61-1: There are no specific regulations for transient housing this section. _ n, Section 14-6N-1: Off Street Parking Schedule requires'/4 parking space peQD G occupant based on the maximum number of occupants. The facility is desi� to c house up to 70 residents. 70 x 1/4 = 17.5 spaces. The plot plan shows 18 spafee; _ 71T1 r.._ r_11, -D ''� N Section 14-6Q: A 30' yard is shown on the plot plan abutting the RFBH zone to the south matching the required yard of the RFBH Zone. Sectionl4-6R: One large tree for every 60' of lot frontage is required for this corner lot. No trees are required for the parking lot since the number of spaces is only 18. D7. The proposed use is consistent with the short-range Comprehensive Plan of the City. E. Property Owners within 300': Michael and Janet Dahlen, 2018 Waterfront Drive, Iowa City, Iowa 52240 Southgate Development, Po Box 1907 Iowa City, Iowa 52244-1907 Gregg Redlin, 2950 Washington St., Iowa City, Iowa 52245 Bontrager Auto Service Inc., 525 Southgate Ave, Iowa City, Iowa 52241 Ann Murray, 800 Highland Park Ave., Coralville, Iowa 52241 Michael McNiel, 1949 Waterfront Dr., Iowa City, Iowa 52240 William B Kron JR, 1947 Waterfront Dr., Iowa City Iowa 52240 Mid -Eastern Council on Chemical Abuse, 611 S. Clinton St., Iowa City, Iowa 52240 Youth Homes Inc, 1916 Waterfront Drive, Iowa City, Iowa, 52240 Hacap Family Services, 2007 Waterfront Dr., Iowa City, Iowa 52240 r, � r f HAWKEYE COUNTRY nuro SALES AUTO REPAIR SHOP MKXAELMCNIEL HAW FAMILY SERVICES ANN MURRAY OFFICE MID -EASTERN COUNCIL ON CHEMICAL ABUSE Shelter House Site Plan TRANSITIONAL HOUSING MIDEASTERN:COUNCIL ON CHEMICAL ABUSE NEUMANN MONSON A R'C H f T E C T S N 0 4 8 16 3z Shelter House Plan NEUMANN MONSON A R C III I[ C f S I SECOND FLOOR - 7208 SF io" 1111 1 ° 4 g 'G 32 Shelter House NEUMANN MQNSON Second Floor Plan A 'P, C H I T E C T S __ Shelter House North Elevation NEUMANN MONSON A R C H 1 T E C T 5 July 7, 2004 City of Iowa City Department of Planning and Community Development 410 East Washington St. Iowa City,1A 52240 Attn: Board of Adjustment To whom it may concern, Enclosed please find evidence that we wish to have considered at the Board of Adjustment hearing concerning the application for a special exception filed by Dwight Dobberstein on June 17, 2004. This is cause number EXC04-00016. Sincerely, The Waterfront Neighborhood Association (Respondents) Matt Neely, President 2018 Waterfront Drive Iowa City, IA 52240 019) 31381-7/ti 3 gaily Iowan Page 1 of 1 Daily Iowan - Metro Issue: 8/26/02 Police arrest two men at housing project By Christy B. Logan Two men trying to secure housing at the Emergency Housing Project were charged Sunday with possession of precursors to manufacture methamphetamine. Staff at the 331 N. Gilbert St. shelter notified police after observing suspicious behavior from Steven Axline, 42, and James Kimpton, 45. Police could not say where the men were from. A staff member called police at approximately 3:45 p.m. when he allegedly noticed the men in possession of lithium batteries — items often used to produce methamphetamine. Police arrested Axline and Kimpton after a search of their vehicle yielded methamphetamine paraphernalia, said Sgt. Doug Hart. Police said the lithium in the batteries could also be used to make explosives powerful enough to injure anyone within a 10-foot radius, but in this case, the batteries were intended to produce meth. Emergency Housing Project staff members said they had been warned by their supervisor about the men and to be cautious of their behavior. Axline and Kimpton tried to secure housing the day before but were placed on a waiting list because the facility was full, staff members said. Hart said the shelter is usually safe. "We don't have too many problems here," he said. "We have seen an increase in meth labs in the Iowa City area in the last two years." — by Christy B. Logan file:IIC:\Documents%20and%20Settings\Craig\Desktop\Shelter%20House\Daily%20Iowan\... 7/7/2004 Daily Iowan Page I of I Daily Iowan - Metro Issue: 1/29/03 City Brief A registered sex offender who listed his mailing address as an area homeless shelter was arrested Monday for failing to give a new address to the Iowa Sex Offender Registry. Lee Harris, 27, was charged with violating the sex -abuse registry after he moved from Dubuque to Iowa City's Shelter House (formerly the Emergency Housing Project), 331 N. Gilbert St., police reported. He is considered to be at high risk to re -offend. Harris, who was convicted of third-degree sexual abuse in 1996, gave the Sex Offender Registry the address of a Dubuque boarding house, but the facility's management said he had never lived there, police reported. A relative brought him to Iowa City, where he obtained a driver's license with the Shelter House address, reports state. Police then checked with Shelter House staff, who said Harris had used the home's services but never lived there, court records show. He continues to receive mail at the address and has been seeking housing assistance with the city, records show. Iowa law prohibits sex offenders from living in such shelters, but they can use some of a facility's services, said Chrissy Canganelli, the Shelter House executive director. Harris only used the house for a mailing address, phone access, and a place to store clothes, Canganelli said. The charge against Harris is an aggravated misdemeanor, punishable by a maximum prison term of two years and a mandatory fine between $500 and $5,000. Harris was being held Tuesday In Johnson County Jail on $5,000 bond. -- by Grant Schulte file://C:\Documents%20and%20Settings\Craig\Desktop\Shelter%20House\Daily%20Iowan\... 7/7/2004 Daily Iowan Page I of I Daily Iowan - Metro Issue: 2/3/04 Man charged with robbing local woman at gunpoint By Sarah Franklin - The Daily Iowan Iowa City police arrested a man accused of robbing a woman of $5 at gunpoint in southeastern Iowa City early Monday morning. Police identified the man as Eugene Cardine, 331 N. Gilbert St., who was being held at the Johnson County jail on a $25,000 cash -only bond. At 2:31 a.m., police responded to a call from the area of Second Avenue and J Street, where police encountered a woman who said she had been robbed at gunpoint while walking home. An undisclosed number of witnesses gave a description of a man, allegedly identified as Cardine, whom police later apprehended In a parking lot. The 18-year-old allegedly admitted to police that he had robbed the woman with a pellet gun, police reported, adding they are still searching for the weapon. Iowa City police Sgt. Brian Krei said a few instances of robbery have occurred since the beginning of the school year. "There have been sporadic incidences, though not necessarily at gunpoint," he said. Krei said he considers the area of the crime - located approximately one -and -a -half miles southeast of campus - a safe area. "There is no area in town that I consider to be unsafe," he said. He said that remaining alert about one's environment can help prevent such robberies. "When walking home, people should be aware of their surroundings," he said. "Let other people know that you are paying attention to them. Surprise is a big thing. Don't let other people surprise you." First -degree robbery is a Class B felony punishable by a maximum of 25 years in prison. Police are continuing their investigation. E-mail DI reporter Sarah Franklin at: sarah-fanklin@uiowa.edu file: //C :\Documents%20and%20Settings\Craig\Desktop\Shelter%20House\Daily%20Iowan\... 7/7/2004 Daily Iowan Page 1 of 1 Daily Iowan - Metro Issue: 3/12/04 DCI investigates 'suspicious' death of homeless man By Sarah Franklin - The Daily Iowan Officials from the state Division of Criminal Investigation were called on Thursday to help Iowa City police investigate the "suspicious death" of a homeless man following allegations of police Involvement. Iowa City officers found the body, identified as that of John Stewart, 32, at 10:38 a.m. Thursday after police received a report of a dead white male under the bridge over Ralston Creek in the 500 block of South Gilbert Street. Lt. Sid Jackson said police called the DCI after accusations that Iowa City officers were involved in the man's death. Jackson said that despite the accusations, the department will handle the investigation as it would any other suspicious death. "It is just an accusation. Until something is substantiated, we will handle it like any other case," he said, adding that Iowa City police and the DCI will conduct separate investigations in the case. The body remained between the land on the north side and the bridge's supports until about 4:30 p.m. when DCI officials arrived. The area around the bridge is littered with blankets, soda bottles, paper cups, paper, and Styrofoam food containers. Four Iowa City officers watched over the scene Thursday afternoon, as DCI investigators collected evidence. Despite accusations that Iowa City police were involved in the man's death, several men residing in the Shelter House, 331 N. Gilbert St., didn't believe the assertions. "Police here are generally really nice to homeless people," said one man. He said he knew of Stewart but was not close friends with him. Workers at Culligan Water Conditioning, located on South Gilbert Street facing the creek, said they often see homeless people living under the bridge. "I see them a lot in the summer, almost every day," said Matt Swift. Co-worker Jason Hartley, whose desk faces the bridge, said he is "sure people live under there." Jackson said the state Medical Examiner's Office will do an autopsy today to determine the cause of Stewart's death. E-mail DI reporter Sarah Franklin at: sarah-franklin@uiowa.edu file: //C:\Documents%20and%20 Settings\Craig\Desktop\Shelterlo20House\Daily%20Iowan\... 7/7/2004 Daily Iowan - Metro Issue: 9/16/02 Police Log Roselle Saulsberry, 44, 331 N. Gilbert St., was arrested and charged Sept. 13 with motor -vehicle theft. The theft allegedly occurred on Sept. 10 at 1128 Fourth Ave., police records said. Daily Iowan - Metro Issue: 10/24/02 Police Logs Muhammad Bakhari Hassan, 21, 331 N. Gilbert St., was charged Tuesday with violating a domestic -abuse protective order. An Iowa City police officer allegedly witnessed Hassan and another person in an "animated" conversation when the officer recognized the couple, police records show. He approached them to double- check their identities and checked on the status of a protective order that had been filed in the past. The officer realized that Hassan was violating the order and promptly took him into custody. Daily Iowan - Metro Issue: 7/15/03 Police logs Gary Leon Duffel II, 35, 331 N. Gilbert St., and David James Munz, 54, address unknown, were charged Monday with third-degree burglary. Duffel and Munz allegedly broke a window and entered Eagle Discount Supermarket, 600 N. Dodge St., around midnight, records show. The charge is a Class D felony punishable by five years in prison and/or a $7,500 fine. Daily Iowan - Metro Issue: 9/23/03 Police logs August Bible, 52, 331 N. Gilbert St., was charged on Sept. 20 with assault on a peace officer. Bible allegedly struck a UI police officer in the shoulder while being arrested for public intoxication, police records show. He is being held at Johnson County Jail on a $2,000 cash bond. Daily Iowan - Metro Issue: 9/24/03 Police Logs David Michael Frantz, 24, 331 N. Gilbert St., was charged Sept. 22 with assault causing injury stemming from an alleged Sept. 19 incident at the First Ave. Hy-Vee. According to court records, Frantz got out of his car at the Hy-Vee parking lot after a verbal confrontation with a pedestrian. He then allegedly punched the pedestrian in the left side of the face, resulting in pain and bruising. Daily Iowan - Metro Issue: 2/16/04 Police blotter (weekend) Robert Wilmington, 34, 331 N. Gilbert St., was charged Feb. 13 with operating while intoxicated Daily Iowan - Metro Issue: 3/5/04 Police blotter Anthony Adams, 21, 331 N. Gilbert St., was charged Thursday with interference with official ads and assault causing injury. Daily Iowan - Metro Issue: 3/9/04 Police blotter Levine Seals, 21, 331 N. Gilbert St., was arrested Monday with second-degree theft. Daily Iowan - Metro Issue: 3/10/04 Police blotter Hosia Harris, 45, 331 N. Gilbert St., was charged Monday with public intoxication. Levine Seals, 21, 331 N. Gilbert St., was arrested on a warrant Monday for second- degree theft. Daily Iowan - Metro Issue: 3/11/04 Police Blotter Steven Moore, 34, 331 N. Gilbert St., was charged Tuesday with public intoxication. Daily Iowan - Metro Issue: 3/12/04 Police log Anthony Shelton, 37, 331 N. Gilbert St., was charged Wednesday with public intoxication and interference with official ads. Daily Iowan - Metro Issue: 4/12/04 Police blotter (weekend) Terrell James, 38, 331 N. Gilbert St., was charged April 10 with domestic abuse and driving while barred. Daily Iowan - Metro Issue: 4/13/04 Police blotter ]on Jorgensen, 49, 331 N. Gilbert St., was charged Monday with public intoxication. Daily Iowan - Metro Issue: 4/27/04 Police blotter Michael Filippi, 54, 331 N. Gilbert St., was charged Monday with possession of marijuana. Daily Iowan - Metro Issue: 4/28/04 Police blotter Timothy Dougherty, 34, 331 N. Gilbert St., was charged Monday with public intoxication and possession of an open container of alcohol in public. Daily Iowan - Metro Issue: 5/3/04 Police blotter (weekend) Cosmo Rosovsky, 40, 331 N marijuana. Daily Iowan - Metro Issue: 5/10/04 Gilbert St., was charged May 1 with possession of Police blotter (weekend) Arlene Greene, 20, 331 N. Gilbert St., was charged May 7 with public intoxication. Daily Iowan - Metro Issue: 6/24/04 Police blotter Lance Alexander, 42, 331 N. Gilbert St., was charged Wednesday with interference with official acts and public intoxication. Terry Tyler, 37, 331 N. Gilbert St., was charged Tuesday with possession of drug paraphernalia. Daily Activity Log From: Iowa City Police Docket (online) Note: Click on incident number for further details. Click on disposition for code explanation. Incident 2004031115 Activity Out For Investi ation/fol Disp LocationReported 331 N Gilbert St /6/04 9:19:00 PM Notes 2004031461 Out For Investi ation/fol X 331 N Gilbert St 161BA04 1:18:00 PM 2004031692 Obstruct Court/perjury/pa A 331 N Gilbert St 6/9/04 4:07:00 PM 2004031846 Serve Warrant/civil Paper Q 331 N Gilbert St 6/10/04 3:40:00 PM 004032132 Threats/extortion A 331 N Gilbert St 6/11/04 9:19:00 PM 2004032101 Public Assist/deliver Mes X 1331 N Gilbert St 6/11/04 7:29:00 PM 2004032560 Attempt To Locate Y 1331 N Gilbert St 6/14/04 10:07:00 AM 2004033309 Out With Subject A 331 N Gilbert St 6/18/04 12:22:00 AM 2004033302 Public Assist/deliver Mes P1 331 N Gilbert St 6/18/04 12:01:00 AM 2004035899 Intoxicated Pedestrian A 331 N Gilbert St 7/2/04 1:59:00 AM STAFF REPORT To: Board of Adjustment Item: EXC04-00017, 1128 & 1130 E. Washington St. GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-Day Limitation Period: Applicable Zoning Ordinance Sections: Prepared by: Tokey Boswell, Planning Intern Cynthia Parsons 1131 E. Washington St. Iowa City, IA 52245 (319)337-9659 same as above Date: July 9, 2004 Special Exception for 1) shared driveway in two lots, and 2) reduction of front yard setback for principle structure for two parcels in the RS- 8 zone on East Washington Street. To allow for 1) minimized paving and access to the rear of the lot, and 2) construction of a porch 17 feet from the front lot line. 1128 and 1130 East Washington Street Each lot: 8,702 sq. ft. Each proposed structure: —4,488 sq. ft. (Footprint: —3,080 sq. ft.) Duplex and single-family house, Medium Density Single- Family Residential, RS-8 North: Residential, RS-5 South: Residential, RS-8 East: Residential, RS-8 West: Residential, RS-8 These parcels on the eastern terminus of Washington Street lie in the Central Planning District. June 30, 2004 August 14, 2004 14-6D-3C-3, Provisional uses in RS-8 zone 14-6N-1 B-3, Location of driveways 14-6N-1 C, Driveways on a separate lot 14-6Q-4, Required yard setbacks 2 BACKGROUND INFORMATION: Ms. Parsons owns two adjoining parcels on the north side of East Washington Street in the RS-8 zone. Until recently, the building at 1128 functioned as a duplex, with two units totaling three bedrooms. It is slated for demolition in the near future, and the applicant proposes to build a new duplex on the lot. She further proposes to demolish the unit at 1130 in the near future, and rebuild on that lot as well. Duplexes are allowed as a provisional use in the RS-8 zone, if the lot is equal to or greater than 8,700 square feet, with the design subject to the requirements listed in the Zoning Ordinance. The lots at 1128 and 1130 E. Washington are each 8,702 square feet, so a duplex is possible in each lot. One roomer per unit is also allowed as a provisional use in each duplex, provided that an off-street parking space is provided for the roomer (14-6D-3C-3). This brings the maximum allowable occupancy of each unit to three persons, and of each duplex to six persons. Six off- street parking spaces would be required for each duplex, if there are roomers. The applicant proposes to accommodate the required parking spaces by providing a two -car garage in the rear of each unit, with an additional space or garage for the roomers located in the rear of the property. In order to access the parking behind the duplexes, the applicant has proposed a shared driveway that is centered on the property line between 1128 and 1130 E. Washington. Drives are normally required to be completely contained within the individual lot, and no closer than three feet to the property line. A special exception is therefore sought to allow for a shared drive. This exception is dependent upon the submission of legal document that acts as a covenant for current and future property owners (14-6N-1C). The required front yard setback in the RS-8 zone is twenty feet. The applicants propose to situate the new duplexes 17 feet from the front property line. This action also requires a special exception. The reduction of yard setback is allowed through section 14-6Q-4B of the Zoning Ordinance. In order to grant the special exceptions for reduction of side and front yard requirements, the Board of Adjustment must find that there is a peculiar situation on the property, and that there is a practical difficulty in complying with the dimensional requirements of the Ordinance. 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 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. Compliance with the Comprehensive Plan: The Comprehensive Plan states, "Portions of the Central Planning District located to the north and east of downtown contain older neighborhoods where issues of neighborhood integrity are of concern. .. Where existing zoning allows redevelopment at a higher density. the City Council has indicated that measures should be taken to assure that new structures are designed to be compatible with the adjacent neighborhood"(emphasis added). Neighborhood integrity is mentioned again in the Highlights of the Central Planning District section at the end of the chapter. This issue is of particular concern in this case, as the new buildings will support a higher density in this established neighborhood. The Zoning Ordinance also notes that special attention should be given to landscaping and site design in the RS-8 zone. a 1. Shared driveway between two lots: The Comprehensive Plan notes that older neighborhoods of the Central Planning district feature less car -dominated images at the street level than modern subdivisions, and that those designs can be successfully copied by infill development. Most homes on the north side of this block are served by driveways in the side yards that provide access to garages located at the rear of the home or in the rear yard. The proposed shared drive and rear -access garages mimic this development pattern in an appropriate manner. Typically, however, homes in this neighborhood have one side yard that is significantly larger than the other, in order to accommodate the driveway. By sharing the drive, the proposed duplexes approach the side lot lines to a greater extent than do existing houses. The large paved area initially proposed behind the structures also contradicted the goal of a shared drive, which is reduced pavement on site. A lack of public open space in the Central Planning District is also noted in the Comprehensive Plan. Redevelopment in this area should therefore provide adequate private open space for residents. Most homes on the north side of this block of Washington Street have large rear yards that back up to Ralston Creek and the Woodlawn Historic Preservation District; this allows residents private open space not available in the small front and side yards. In the applicant's initial proposal, however, impermeable surfaces (including structures and paved areas) comprised 76% of the lot area. Staff and applicant have therefore reworked the proposed parking area in the rear of the lots, in order to limit the amount of paving and to provide more open space for future residents. Staff feels that the changes make this proposal more closely resemble the rest of the neighborhood, and that the resulting access/parking plan is of sufficient quality to grant the exception for a shared drive. 2. Reduction of front yard requirement: Staff feels that there is a unique situation on this block that lends support to the requested exception from the front yard requirement. Visual inspection and aerial photos show that the homes on the north side of Washington Street in this area have smaller setbacks than in other parts of the city. With one exception, every home on the block has a setback of less than twenty feet. The average of the setbacks on the block is less than fourteen feet. Thus, Staff feels that a front setback of seventeen feet is appropriate for these two properties. The Zoning Ordinance notes that in granting a special exception for yard requirements, the Commission may impose reasonable conditions in order to fulfill the intent of the Ordinance. The City Assessor's records show that all the homes on this block of Washington Street were built prior to 1940, and that most were built around 1900. As such, the houses are somewhat small by today's standards. One-, one and a half-, and two-story buildings are present, but small footprints (typically less than 1,100 square feet) limit all but one of the homes in this vicinity to less than 2,000 square feet of livable area. The proposed duplexes have a footprint of 3,080 feet, and a total livable area of 4,488 square feet. The bulk and the height of the proposed buildings are of a scale that is not present in the neighborhood. In order to mitigate the perception of scale, Staff and applicant have refined the proposals somewhat. New elevation drawings specify exterior design that serves to define the two units of each duplex as unique, and to break up the mass of the buildings. Staff feels that the proposed changes to the fagade are more compatible with the neighborhood, and are appropriate conditions to the granting of a front setback exception. Specific Standards: 14-6Q-4-B, Exceptions to Established Setbacks Subsection 6Q-4-B 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 the Chapter, and that the 4 conditions of Article W of the Zoning Chapter (Board of Adjustment Powers and Procedures) can be met. Unique situation: Staff feels that the location of the two lots in question (on a block of short setbacks) does present a unique situation that justifies the reduction of front yard setback. The character of the neighborhood also supports an exception for a shared drive. Practical Difficulty: The rear of these two lots lies in the Ralston Creek floodplain; this may be why most homes in this area are located nearer the street than usual. This and the neighborhood character lead to a practical difficulty in placing the proposed buildings farther back on the lot. Setback Review Standards: General Standards In addition to determining whether the situation is unique and if there is a practical difficulty in complying with the Zoning Ordinance, the Board must find that the applicant meets several standards spelled out in chapter 14-6W-2-B. The applicants' statements regarding each of the seven general standards are included within the attached application. Staff feels that the proposed exceptions will not be detrimental to the public welfare, nor contribute to traffic congestion, and that adequate facilities exist for this development. Setback Review Standards: Additional Standards Beyond the general standards above, 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 exceptions are minimal in relation to the requirement, in terms of square footage. The proposed redesign of the porch and parking areas mitigate the loss of front and side yard space. 2. Will the proposed exception, if granted, Increase the population density or affect the use of municipal facilities? The total occupancy of each parcel will double under the proposal. The change is a result of the redevelopment that is allowed in the RS-8 zone, and not a function of the special exceptions. 3. Will a substantial change or detriment to the neighborhood result from the exception? The proposed buildings and lot design will be stylistically similar to other homes in the neighborhood. Staff feels the redesigned elevations and site plan will limit the effects on the neighborhood. 4. Is there some feasible alternative for the applicant in lieu of the exception? Smaller buildings that are similar in scale to the existing homes on this block would allow for a side drive with rear parking without the need for additional garages or paved area. 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? The applicant has the right to redevelop the property in accordance with the RS-8 zone requirements, and the special exception process allows the City to address issues of scale and open space. Staff feels that granting special exceptions for the front yard setback and for the shared drive will result in a better site plan that respects the characteristics of the neighborhood. Therefore, the exceptions are just. STAFF RECOMMENDATION: Staff recommends that EXC04-00017, a special exception requesting 1) a shared driveway in two lots, and 2) reduction of front yard setback for principle structure for two parcels in the RS-8 zone on East Washington Street, be approved subject to the following conditions: 1. Submission of and approval by the City Attorney, a covenant providing for the perpetual maintenance of the shared driveway; and 2. Submission of and approval by the Director of Planning, an elevation drawing and site plan which indicate the nature of exterior elements of the proposed buildings and the design of the parking areas, and general adherence to these documents during construction. Orders of the Board of Adjustment are generally valid for a period of six months, though the Zoning Ordinance states that the time frame may be extended for good cause. The applicant has noted that she intends to move forward with this proposal at 1128 E. Washington this summer, but the property at 1130 is leased through July 2005. Applicant initially discussed a two-year window in which to take action upon the order. Staff is currently in the process of rewriting the Zoning Ordinance, and any changes to the Ordinance will supercede any order of the Board. Staff feels that a one-year time frame is appropriate for applicant to request any necessary permits under the current Ordinance. ATTACHMENTS: 1. Location Map 2. Aerial Photography 3. Application Documents Approved by: C` fRobert Miklo, Senior Planner, Department of Planning and Community Development SAIntems\Urban Planning\EXC04-00017 E.Washington VI VV Scale: V=60' Photography Flight Date April 2001 Parcel Data Courtesy of Johnson County 10390 tux 1110 D City of Iowa City Mapping i � I i i it i i I 112(0 - i u28 Il3o 113z �— — — 113► —- I i i i i I I 1 - i i APPEAL TO T H E BOARD OF ADJUSTMENT; ``�, Pao SPECIAL EXCEPTION i� TITLE 14, CHAPTER 61 ARTICLE W DATE: PROPERTY PARCEL NO. 1011374001.3 APPEAL PROPERTY ADDRESS: p APPEAL PROPERTY ZONE: ___ APPEAL PROPERTY LOT SIZE: *�Q• is APPLICANT: Name: Address: Phone: .0 _ .T_ •,_et • Y / 1 3 L1� I709MMU -M CONTACT PERSON: Name:S - PROPERTY OWNER: Name: Address: Phone: Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: . D ' ,1� 1 4D ►� I.'vl� I I' 1 YI !/ ii �.�I '.��. �_ �� Il Ii►/I L / /./I ' : I�. , i 1� is Il ► v• I �� ��, /F�� ' I 0 l i1 � • it • ,� • • . :.. - - i I � C r ' CQLYII , / -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: ' of B. 'Plot plan drawn to scale showing: —; _1 1. Lot with dimensions; 2. North point and scale; _f 3, Existing and proposed structures with distances from property lines; k rr, 4. Abutting streets and alleys; j mrs 6. Surrounding land uses, including the location and record owns 4X eh property opposite or abutting the property In question; ro 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-2B1, 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. -dA , I 1 a AW o1C.�1 4 Vno'l V00 w *- *4VAJ& 1 standards for the 6l an Vroco�rt In f>✓�✓►� VWKXIz� fL to presehtp peci �m granting of a special exc will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. Cs vnI� no eta o" {�i�w�?SAY%\�!l1lS4�iLv.•�r..�.��.�__- •� ' I � , 1 / I Sc}ree°t'. _ -3- 2. 3. 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. ©gyp c �h � u�� � ►e. 0. �J o �Q �re am 6 2GLdQm Q' `a Q O P� � W1A" 1 o MkOV) (t A I L 2 1130 �n 4J� n S uG 38. M49, 0S1 -fo WV-4 4 1u GiC2�Di l�l0 Establish en t of the specific] pr p s d 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. O�UAEO� dAlv2W cI.QQAW1r1 gil7r7t �r lkw .v3 t 0 f �Mlp(l°i V1 DAin tdelagu�ate utilities, ss roads, drainage and/or necessary facilities have been or are being 4&uh -PLO 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. . tif I ff , 1J T 0 -4- 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 14-6Q., Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] SPtc (�►i aj&wi`n f lei n C4 am.06 t% i, n vieQk ` i 1 o� CO N 7. The proposed use will be consistent with the short-range ComprehensivePlan L� of the City. 2 ^n 'p�� 0 Vil l [ ( + W 6 /]1/ �D , M01�� l l O� O UA4 r90 a " `17APA C94 l 1160 WIll MOO w, Q ' 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 q cj�R�► � n rle ~--� v ,�ako��en ADDRESS 1104D EFA s� f �%� .I 1 i lam a {yle to iTAALOGO& ►• ,,)a. C 5 aqs) ,A ACCALIA pOGI Lf Fr 3 M /i�lin 'awls-) -Wmk 5. 6�rAf 4UAAa. GoJor) SwAa, C. Gil c,►`ssmu l�e� ,*-Au,co an6cv►a Ob�r�Qe►�.k �► �. Vie. N co m �o M 1641 a/wAaam lob'% V)ooAaw-] I D� Wwogau -, 1038 )104 4utcdi rke..' Jlll"co+ ne' (A. I, a, mu scArv, a6'j A&yad svcn sa3 4A39 )$mt Gfd C% Uacjf4ayo r� 'a I cTea4i (Mco n3�slz u � Sa-�,4o -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-2133, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six non datuen eci i e wi a ity erk, �y 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 lyy),yrlt'&1 hearing on the merits of the original appeal or application. (Section 14-6W-3E, City U Code). lIV4C*3 Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by 1 _any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer j9or any officer, department or board of the City may present to a court of record a it r►)ipetition 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 thi�ays after the filing of the decision in the office of the City Clerk. Date: Date: ppdadminlappboase. doc 19 Signature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) fa3 C� w et d co East Washington Street n SITE PLAN 1 - 20 N W E s. From the Applicant's original proposal. WTHM°MW Example of Staff s proposed changes to parking areas. ■■0� Log% ■I/I 1�vv Foot a, NEW 01 1 s Sul Jill �t to........ .. c O m a) m O N a) C m L U a a) y O Q O Q y m 4- 0 a) d E m X W