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HomeMy WebLinkAbout04-14-2004 Board of AdjustmentREVISED AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, April 14, 2004 — 5:00 PM EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Consider the March 10, 2004 Board Minutes D. Appeal: 1. AP04-00003: Public hearing regarding an appeal submitted by Allan Berger of a decision of the Zoning Code Interpretation Panel that small animal clinics are not allowed as a special exception in the Commercial Highway (CH-1) zone and that small animal clinics are not a auto and truck oriented use. EXC04-000005: Public hearing regarding an application submitted by Allan Berger for a special exception to permit a small animal clinic for property located in the Highway Commercial (CH-1) zone located at 2501 North Dodge Street. E. Variance: 1. VAR04-00001: Discussion of an application submitted by John Roffman for a variance from Section 14-6D-10 B.1 of the zoning code to permit 4 roomers in addition to a family in the High -Density Multi -Family Residential (RM-44) zone at 622 S. Johnson Street. F. Special Exception Items: 1. EXC04-00004: Discussion of an application submitted by Duane Brenneman on behalf of The Church in Iowa City for a special exception to allow a Religious Institution in the Commercial Office Zone (CO-1) at 2040 Keokuk Street. 2. EXC04-00006: Discussion of an application submitted by Valerie Russell for a special exception to permit a nonresidential child care center in the Low Density Single -Family Residential (RS-5) zone located at 735 Westgate Street. 3. EXC04-00008: Discussion of an application submitted by Mark and Diana Russo for a special exception to reduce the front yard adjacent to Seymour Street for property located in the Medium Density Single Family Residential/Conservation Overlay (RS- 8/OCD) zone located at 614 Clark Street. G. Other H. Board of Adjustment Information I. Adjourn NEXT BOARD OF ADJUSTMENT MEETING May 12, 2004 To: Board of Adjustment Item: AP04-00003 GENERAL INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: April 9, 2004 Applicant: Allan L. Berger, DVM, PhD Bright Eyes and Bushy Tails Veterinary Service 3005 Highway 1 NE Iowa City, IA 52240 Contact Person: Allan L. Berger, DVM, PhD (same as above) Requested Action: Appeal of an interpretation of the Zoning Code made by the Iowa City Zoning Code Interpretation Panel that a small animal clinic is not a use that is allowed in the Highway Commercial (CH-1) Zone. Purpose: Location: Property Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning To allow the applicant to establish a small animal clinic/emergency veterinary clinic on a property zoned CH-1. 2501 N. Dodge Street (North of 1-80 along Hwy 1) approximately 47,916 square feet vacant; Highway Commercial (CH-1) North: auto service station; CH-1 South: vacant land/Interstate 80; CH-1 East: motel; CH-1 West: office/research use; ORP Comprehensive Plan: The Highway Commercial Zone is intended to permit development of service uses relating to expressways or along other major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. Applicable Code Requirements 14-6E-3, Highway Commercial Zone 14-6E-3B, Permitted Uses in the CH-1 Zone 14-6E-1 B-7, Offices permitted in the CO-1 Zone 14-613-2, Zoning definitions of Auto- and Truck - Oriented Use File Date: March 18, 2004 2 BACKGROUND INFORMATION The appellant, Allan Berger, is appealing an interpretation made by the Iowa City Zoning Code Interpretation Panel (ZCIP) on March 1, 2004 that small animal clinics are not allowed in the Highway Commercial Zone. The ZCIP is a staff panel, whose members are designated by the City Manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. The current panel consists of three members: the Director of Planning; the Director of Housing and Inspection Services; and the First Assistant City Attorney. The Zoning Code Interpretation Panel met in response to verbal queries by the appellant and by Mr. Ralph Stoffer, the appellant's consultant, as to the possibility of locating a vet clinic at 2501 N. Dodge Street, a property that is zoned Highway Commercial (CH-1). Contrary to Dr. Berger's notice of appeal the City never received the written opinion from Mr. Ralph Stoffer that is labeled Exhibit 1 in the documents submitted. The ZCIP met in response to questions that surfaced when Dr. Berger came in to apply for a special exception and spoke with Bob Miklo, Senior Planner, in late February of this year. Dr. Berger wished to apply for a special exception for a small animal clinic in the CH-1 Zone. His request was based on Mr. Stoffer's opinion that vet clinics would be allowed as an office use in the CH-1 Zone. Mr. Miklo informed Dr. Berger at that time that he did not agree with Mr. Stoffer's opinion regarding small animal clinics in the CH-1 Zone. Because Dr. Berger had talked with and received varying interpretations from city staff regarding these provisions of the Code, the members of ZCIP met to consider the matter and issue a definitive written interpretation for Dr. Berger. The written decision of the ZCIP is included in the attached documents as appellant's Exhibit 3. Since the ZCIP did not have Mr. Stoffer's written opinion, their interpretation dated March 1 is based on the verbal queries and conversations between staff, Dr. Berger, and Mr. Stoffer concerning the question of whether a small animal clinic could be considered an office use that would be allowed in the CH-1 Zone. The ZCIP was unaware of Mr. Stoffer's alternate opinion that a vet clinic might also be considered an auto- and truck -oriented use. Therefore, the ZCIP did not discuss the merits of this interpretation nor did they include it in their written response. In the interests of expediting this matter, however, staff has included an analysis of this aspect of Dr. Berger's appeal. ANALYSIS: Section 14-6W-4 of the City Code grants the Board of Adjustment the power to hear appeals and states in part, "Appeals to the Board may be taken by any person aggrieved or by any officer, department or board of the City affected by any decision of the City Manager or designee or by a decision of the Zoning Code Interpretation Panel or its successor or of the City Manager or designee when the panel cannot reach a unanimous decision. In this case, the appellant is appealing a decision of the Zoning Code Interpretation Panel (ZCIP) and also the interpretation of "auto- and truck -oriented uses" as it has generally been applied. The appellant has asked the Board to rule on two different questions. Are small animal clinics allowed in the Highway Commercial (CH-1) Zone? When the Zoning Code Interpretation Panel considers a question about the Zoning Code, they first examine the Code language to determine if any clarification is needed. In other words, is the language clear and specific enough such that it is not necessary to "interpret" the language? If clarification is needed, then the ZCIP will consider both the language used in the Code and if needed also consider the history and intent of the specific language. Cl In this case, the ZCIP considers the language quite clear and specific, particularly when put in the context of how the entirety of Article E: Commercial and Business Zones is structured. Section 14- 6E-3B of the Zoning Code lists the permitted uses in the CH-1 Zone. These uses include "office uses allowed in the CO-1 Zone." To clarify the intent of this statement, the Code refers to a footnote, which states "See subsection 14-6E-1B of this Article." This reference is very specific. Subsection B lists the permitted uses in the CO-1 Zone. The footnote does not reference "Section 14-6E-1," which would include all of the uses allowed in the CO-1 Zone (permitted, provisional, and special exceptions). It also does not reference subsection 14-6E-1 D, which are the special exceptions allowed in the CO-1 Zone. One has only to look at other commercial zones in the Zoning Code to confirm the structure of the Code in this regard. For example, refer to the Community Commercial Zone, which employs the same code structure. 14-6E-5B, Permitted Uses in the Community Commercial Zone, also lists "Office uses allowed in the CO-1 Zone," with the same footnote reference to 14-6E-1 B (Permitted uses in the CO-1 Zone). The Board should note, however, that small animal clinics are listed as provisional uses in the CC-2 Zone (14-6E-5C). If the intent was to allow small animal clinics as special exceptions in all places in the Code where this footnote is present, then why would the Code also list small animal clinics as a provisional use in the CC-2 Zone? A use cannot both be a provisional use and a special exception in the same zone. This also holds for the Intensive Commercial Zone, where veterinary establishments are allowed as provisional uses. Small animal clinics are a subset of veterinary establishments and therefore would be allowed as a provisional use. Once again, the footnote is clearly not intended as a means to allow small animal clinics as a special exception. While the structure of the Code should provide enough evidence for the Board to deny Dr. Berger's appeal, there is even further evidence that small animal clinics were never intended as an allowed use in the CH-1 Zone. It was not until 1996 that the CO-1 Zone was amended to allow small animal clinics. In fact, this amendment was in direct response to a similar request to amend the CH-1 Zone. In June of 1996, a Mr. Lucas Van Orden submitted a request to the Planning and Zoning Commission to amend the CH-1 Zone to allow small animal clinics. In a memo to the Commission, staff recommended against such an amendment, stating that small animal clinics are not consistent with the intent of the CH-1 Zone. As an alternate solution, staff recommended an amendment to the CO-1 Zone to allow small animal clinics as a special exception, the CO-1 zone being a more appropriate zone for such a use. This amendment allowed Mr. Van Orden and others since that time to locate small animal clinics in the CO-1 Zone by special exception, but not in the CH-1 Zone. This discussion and subsequent amendment to the CO-1 zone is conclusive proof that small animal clinics were never intended as an allowed use in the CH-1 Zone. The staff memo to the Planning and Zoning Commission dated June 20, 1996 is attached for your review. Are emergency veterinary establishments "auto- and truck -oriented uses"? On the second question, whether emergency veterinary establishments qualify as an auto- and truck - oriented use, the appellant's argument is essentially that people transport sick pets by car, so it must be an auto- and truck -oriented use. If this interpretation were applied across the board to all uses, the use of the term "auto- and truck -oriented use" would become meaningless. Almost all commercial establishments expect some, if not all, of their customers to frequent their business by motor vehicle: department stores, furniture stores, home improvement stores, and the list goes on and on. Many of these uses would consider a location at a highway interchange advantageous for attracting customers. However, none of these uses have ever been considered "auto- and truck oriented uses." 4 The appellant also implies that since his office would act as an emergency hospital, that it should be considered an auto- and truck -oriented use. While staff agrees that hospital emergency services should be located with good access to arterial streets, such uses have never been considered auto and truck -oriented uses. Neither Mercy Hospital, the University Hospitals, nor the Veterans Administration Hospital, all of which serve clients from all over the region, state, and beyond, are located at highway interchanges. In fact, good access to the arterial street network is necessary for many commercial uses and the City's zoning pattern reflects the necessity and desire for commercial uses to locate along such corridors. Almost all commercially -zoned areas are located with direct access to an arterial street. Similar to Dr. Berger's clinic, there are many commercial enterprises in Iowa City that rely on a regional customer base, but that fact does not in itself qualify the uses as auto- and truck -oriented uses. The appellant is correct that certain uses are sometimes, but not always considered auto- and truck - oriented uses. Within this group of uses, the factor that distinguishes an auto- and truck -oriented use from one that is not is the presence or absence of drive -through facilities, where a person remains in the car to receive the services provided, e.g. drive -through banks, fast food restaurants, etc. A veterinary clinic certainly does not fall into this category of auto- and truck -oriented uses. The other type of auto- and truck -oriented use are those where the services provided relate specifically to services for automobiles and trucks, e.g. gas stations, auto repair shops, car wash, vehicle rental agencies, etc. Veterinary clinics clearly do not fall into this category either. The reason that auto- and truck -oriented uses are called out in the Zoning Code is to ensure that drive -through facilities and uses that store and service motor vehicles provide careful planning for traffic circulation, adequate screening of outdoor work and storage areas, and do not detract from neighboring properties. There is no reason to group veterinary services in this category, since extensive traffic circulation needs and outdoor work activities are not anticipated with such a use. Summary In summary, granting the appeal would not serve the interests of justice in this case, because neither the letter nor the intent of the City's Zoning Ordinance would be upheld by such a decision. Granting the appeal in this case would not clarify the language of the Zoning Code, but would in fact erode the structure of the Code, not only for properties in the Highway Commercial Zone, but for properties in other commercial zones, where the same language is used to distinguish when and how certain uses are allowed. It is unfortunate that Dr. Berger has relied upon Mr. Stoffer's well-intentioned, but erroneous interpretation of the Zoning Code. City staff have had many discussions with Dr. Berger over the last year and a half regarding zoning for veterinary clinics. His advice and suggestions for changes have been considered seriously by the Planning and Zoning Commission and many have been included in the proposed changes for the new Zoning Code. Staff suggests that Dr. Berger continue to advocate for legislative change through the Planning and Zoning Commission and the City Council, since the Board of Adjustment does not have the authority to change the law as it exists today. The fact remains that small animal clinics and emergency veterinary establishments are not allowed in the Highway Commercial Zone. STAFF RECOMMENDATION: Staff recommends that the Board of Adjustment deny AP04-00003, an appeal by Allan L. Berger of the written interpretation issued by the Iowa City Zoning Code Interpretation Panel on March 1, 2004 regarding animal clinics in the Highway Commercial (CH-1) Zone and of his appeal that veterinary establishments be considered auto- and truck -oriented uses. ATTACHMENTS: Location Map Copies of 1996 staff memo and ordinance amendment to the CO-1 Zone Notice of Appeal and various exhibits from the appellant Approved by: 42G- Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IOWA CITY ON I 1 CH1 SITE LOCATION: 2501 N. Dodge Street X EXC04-00005 Only or Iowa city MEMORANDUM Date: June 20, 1996 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re: Proposed code amendment to allow small -animal clinics in the CO-1 zone by special exception. Lucas Van Orden has submitted a request to rezone a parcel on ACT Circle from CO-1, Commercial Office, to CH-1, Highway Commercial, and to amend the CH-1 zone to allow small -animal clinics. Small -animal clinics are currently permitted as provisional uses in the CC-2, Community Commercial zone, provided there are no outside runs, and the structure housing the facility is not located within two hundred feet (200') of a residential zone. In its June 6 staff report on the requested rezoning, staff recommended denial of the application because the parcel in question does not appear to be appropriate for CH-1 zoning, nor is a small -animal clinic consistent with the intent of the CH-1 zone. Instead, recognizing small -animal clinics as a similar use to a medical clinic, staff suggested that the possibility of amending the CO-1 zone to allow small -animal clinics be investigated. Staff has collected information on how this use is handled by other communities, and has obtained a copy of the April 17, 1992, edition of The Zoning Report which is titled "Zoning for Animal Clinics and Hospitals." The report identifies animal service uses as a difficult use to regulate because on the one hand, veterinarians are professionals just like other professionals that are often permitted in office, office -residential, or, in some cases, residential zones. On the other hand, the operation of their business often creates negative externalities such as noise and odor that can cause conflicts with other uses permitted in those zones. However, the report goes on to suggest ways to control these conflicts through zoning restrictions, and notes that a number of other communities permit small -animal clinics in neighborhood commercial and office zones with restrictions on noise and minimum separation distances from residential uses. An important provision of an ordinance allowing small -animal clinics in an office zone is one that prohibits outdoor activities. If the facility is to blend with office uses, and potentially in close proximity to residential uses, it must be completely enclosed in one building. The only outdoor activity noticeable to adjacent uses should be the act of bringing the animal from a vehicle into the building. Staff recommends that the proposed amendments require the entire operation of the clinic to occur indoors, within a single structure. Noise and odors from a small -animal clinic can be minimized by soundproofing and properly venting the building, or by requiring large minimum lot sizes and setbacks that will help to buffer the use from adjacent properties. Soundproofing can be accomplished through building design and through the use of solid core doors, soundproofing of walls and ceilings, forced air ventilation systems rather than open windows, etc. Required setbacks from residential property in neighborhood commercial/office zones of other communities, according to The Zoning Report, range from 50 to 200 feet. Staff recommends that a combination of the two standards be used for Iowa City's ordinance. The City's current regulations in the CC-2 zone include a 200 foot separation requirement between the building housing the clinic and any residential zone. Staff recommends that this be included in combination with a standard prohibiting a clinic from emitting noise and odors that can be discerned beyond the property line. Together, these standards can help to minimize the facility's impact on surrounding property. Borrowing language from the Wichita, Kansas, code, staff proposes that "No noise or odors from such use shall be discernable at any (lot] line." Another possibility is to limit the number of decibels at the building wall (65db - Idaho Falls), a measurable standard for noise control, but not for odor. In addition to controlling the noise and odor impacts of small animal clinics on adjacent properties, The Zoning Report points out that it is important to not create loopholes for other animal service uses under the small -animal clinic definition. Some uses, such as grooming, can be controlled by specifying that services must be provided by a licensed veterinarian. These items could still be permitted as an accessory use to the small -animal clinic. The City's current definition of a small -animal clinic specifies that a licensed veterinarian must perform the care. A more difficult issue is the boarding of animals. Boarding animals overnight for medical reasons is often necessary as part of their treatment. However, drawing the line between this type of boarding and a kennel is difficult. The City's current definition of small -animal clinic specifically excludes a kennel, but does not address it as a use incidental to the medical treatment of animals. Some codes prohibit overnight boarding that is not incidental to the treatment of animals, and others permit a maximum number of animals (often 4 adults) for overnight boarding, regardless of whether the animals are being treated or not. Another method used by other cities is to not allow more than a certain percentage of the facility to be dedicated to the overnight boarding of animals (25% - Bellevue, Washington). In the case of the property at 2122 ACT Circle, the applicant has indicated that he would like to be able to board animals that are not being treated for a fee as an accessory use to the small -animal clinic. It is staff's opinion that this is not appropriate for the CO-1 zone, nor is it consistent with'the definition of a small -animal clinic. Staff is concerned that allowing overnight boarding of animals that are not being treated would potentially open the door for kennels to operate in the CO-1 zone. In addition, allowing a kennel -type operation in addition to the boarding of animals being treated increases the scale of that aspect of the clinic, and increases the potential for conflicts between the clinic and surrounding uses at night when little or no supervision of the boarding operation will likely occur. It is important to remember that the CO-1 zone permits dwelling units on the upper floors of buildings in the CO-1 zone. A phone survey of area animal clinics indicates that the number of animals that are kept overnight as a part of their treatment varies from day to day. The attached memo from Planning Intern Randy Carpenter includes information received from the local clinics. The clinics were asked how many animals they typically keep overnight, and to distinguish between those kept for a fee and those kept overnight as part of treatment being given. The numbers range from 1 to 10 animals being kept overnight incidental to treatment being received. Mr. Van Orden has indicated informally that he anticipates a higher number of overnight stays associated with treatment, perhaps from 12 to 16 animals. Staff feels that consideration should be given to placing a limit on the number of animals that can be kept to avoid the increased potential for conflicts with surrounding properties as mentioned above. Based on the information received from other clinics in the area, staff recommends that overnight boarding be limited to a maximum of 10_animals being treated at the clinic. Because the CO-1 zone is often used as a buffer between more intensive commercial zones and residential areas, staff feels careful consideration must be given when siting a small -animal clinic within a CO-1 zone. Therefore, staff recommends that small -animal clinics be permitted in the CO-1 zone only upon approval of a special exception by the Board of Adjustment. This would permit an extra level of public scrutiny in situations where a CO-1 zone is located in close proximity to residential areas. Given this information, staff recommends the following code amendments regarding small - animal clinics (bold text indicates new language): 14-6E-1 (CO-1 Zone): D. Special Exceptions: 10. Small -animal clinics, provided: a. All aspects of the operation of the clinic, including any accessory use, are conducted completely indoors within a single, soundproofed building; and b. The structure housing the clinic is not located within 200 feet of a residential zone; and c. No odors or noise from the clinic shall be discernible at any lot line. d. Overnight boarding of animals shall be limited to those receiving treatment at the facility, and shall not exceed ten (10) animals. In addition, an amendment to the R/O, Residential/Office zone is needed to avoid confusion. The R/O zone allows all uses permitted in the CO-1 zone and would permit a small -animal clinic upon the approval of a special exception through this reference. However, the R/O zone is also a residential zone; a small -animal clinic cannot locate within 200. feet of a residential zone. To avoid this conflict, staff recommends that the following amendment to the R/O zone also be considered at this time: 14-60-12: Residential/Office Zone (R/0): B. Permitted Uses: 1. Permitted uses of the CO-1 zone, except small -animal clinics. Staff recommends that the proposed amendments to allow small -animal clinics in the CO-1 zone by special exception, and to exclude small -animal clinics from the R/O zone, as detailed in this staff memorandum, be approved. 1. Memorandum from Planning Intern regarding animal clinic phone survey. Approved by: F . Robert Miklo, Senior Planner Department of Planning and Community Development Allan L. Berger, DVM, PhD Rf_F=[1 Bright Eyes & Bushy Tam illgp� 10 Veterinary Service 3005 Highway 1 NE �I ,r� ; Iowa City, IA 52240 ,' rNI ; �( (319) 351-4256 10VA } p Y }nV'A March 18, 2004 Marion Karr, City Clerk 410 E. Washington St. Iowa City, IA 52240 Re: Zoning Code Interpretation Panel Appeal Dear Ms. Karr, Pursuant to Section 14-6W-4A of the City Code, I wish to appeal a decision of the Zoning Code Interpretation Panel signed on March 1, 2004 (see Exhibit 3, attached). As a matter of procedure, Section 14-6W-4A directs that a duplicate copy of this notice of appeal be filed with the Board Secretary for the Board of Adjustment, and thus I provide you with two copies. 1.0 Requested actions 1.1 A conclusion of law that veterinary clinics are allowed in the CH-1 zone, because they are an office use allowed in the CO-1 zone. (Section 3.0 below) Proposed motion: The Board of Adjustment finds that as an office use allowed in the CO- P zone, a "small animal clinic" is a permitted use in the CH-1 zone. 1.2 A finding of fact that an emergency veterinary hospital, which clients must be able to rapidly access from areas both in Iowa City and beyond, is an "auto- and truck -related use." (Section 4.0 below) Proposed motion: The Board of Adjustment finds that a veterinary service which has organized to see emergencies which will be transported to it by automobile from a large geographic region satisfies the definition of "auto- and truck -oriented use" in the Zoning Ordinance. 2.0 Back round Ff!-FD The appellants, Drs. Allan and Jennifer Berger, are both licensed veterinarian(! 4'q'> hp j;thq$ioeysI I the veterinary clinic Bright Eyes & Bushy Tails just north of the City of Iowa Ci Bright Eyes & ,k, I , I ;ems Bushy Tails, PLC also does business as the Emergency Veterinary Service ofi�3t'jii; 'vti veterinary emergencies that are referred by other veterinarians throughout Johnson County and the adjacent counties. The Bergers' businesses are expanding, and they are seeking to construct a new veterinary hospital in Iowa City. They have contracted to purchase a vacant lot at 2501 N. Dodge Street on which to build the hospital, to be located in a new 8,000 to 12,000 square foot building which the Bergers intend to construct. This lot is on the east side of N. Dodge Street, north of the 1-80 overpass. It is zoned CH-1. The Bergers have been given varying verbal opinions from City Staff. Opinions have been at times positive, and at times negative. Most recently, in response to a written analysis of the allowed uses of the CH-1 zone from Mr. Ralph Stoffer (a licensed engineer with Landmark Surveying and Engineering; Exhibit 1), Ms. Jann Ream and Ms. Karin Franklin provided a favorable verbal opinion of a veterinary clinic use on this lot. However that opinion was retracted in an e-mail message (attached at Exhibit 2). Some days later, the Zoning Code Interpretation Panel issued the written opinion (Exhibit 3) which resulted in this appeal action. 3.0 Zoning Code Interpretation Panel decision 3.1 Background The Zoning Code Interpretation Panel decision at issue interprets the Permitted Use of the CH-1 zone, specifically the permitted uses that are allowed in the CH-1 zone as a consequence of Section 14-6E-3B.5: 5. Office uses allowed in the CO-1 zone [footnote#l]. There appears to be agreement that the use "small animal clinic" is an office use. Section 14-613-2 of the Zoning Ordinance (Definitions) considers "clinic" as a type of office (emphasis added): CLINIC: An office occupied by one or more members of a healing profession. As licensed veterinarians the Bergers are clearly members of the health profession. The definition "clinic, small animal" appears as a subset of the "clinic" definition, appearing immediately below "clinic" in the Zoning Ordinance: 3 CLINIC, SMALL ANIMAL: An establishment where a licensed veterinarian carries out the prevention and treatment of diseases and injuries in small domestic animals. For purposes of this chapter, this definition does not include a kennel. There also appears to be agreement that the use "small animal clinic" is allowed in the CO-1 zone as a Special Exception (Section 14-6E-1D.9). Indeed there actually exists a small animal veterinary clinic in the CO-1 zone on A.C.T. Circle west of North Dodge Street, which is widely regarded as being in conformance with the Zoning Ordinance. p At issue is the footnote near the end of Section 14-6E-3B.5, [footnote #1]: 0 —` !� rnM. FT1 See subsection 14-6E-1B of this article." w The panel decision appears to indicate that: D _ 3.La The language of this footnote expressly proscribes office uses that are allowed in the?0-1 zone if they are not contained within Subsection 14-6E-1B. and also 3.1.b The person or persons who drafted this footnote had the intent to proscribe office uses that are allowed in the CO-1 zone if they are not contained within Subsection 14-6E-1B. I believe both of these conclusions are incorrect. 3.2. The language of the footnote does not proscribe office uses that are allowed in the CO 1 zone if they are not contained within subsection 14-6E-1B The footnote directs the reader to "See" a subsection. To see that section of code does not preclude the reader from seeing other sections. The portion of the City Code titled "Zoning Definitions" contains Section 14-613-1C, which in part states: C. Terms not defined shall have the meanings customarily assigned to them as defined in Webster's new collegiate dictionary, as amended. There exists no common definition of the verb "to see" which is synonymous with "limited to" or "exclusively" (Exhibit 4). 3.3 The person who drafted the text in section 14-6E-3B 5 did not intend to be limiting. 3.3.a Versions of the City Code prior to the 1994 recodification did not have footnotes. All versions of the Code between 1978 and the 1994 recodification listed as a Permitted Use of the CH-1 zone as follows: El Sec. 36-22. Highway commercial zone (CH-1). b. Permitted uses. (5) Office uses allowed in the CO-1 zone. No footnote was present, and there is no evidence that the drafter of this section intended the uses to be limited to only a subset of the office uses allowed in the CO-1 zone (Exhibit 5). 3.3.b Moreover, the 1994 recodified code and also the most recent Ordinance contains examples of language actually used when the legislative intent is to restrict cross referenced uses to a sub4t of allowed uses. For example, refer to the CB-2 zone, Section 14-6E-6, which containgn art (emphasis added): } B. Permitted Uses: CC3 co M 1. Permitted uses of the CB-10 Zone [footnote#6]. The language used is explicitly different from the "Office uses allowed' that is the stance 6 _Lf this appeal. C' Also see the I-2 zone, where the author of the code used specific language to restrict the types of use to a certain subset; 14-6H-2 contains in part (emphasis added): C. Provisional Uses: 2. Uses listed as provisional uses in the I-1 that subsection [footnote#l]. zone, subject to the requirements set forth in If the drafters of the CH-1 zone code in question truly intended to limit office uses beyond those "allowed," in order to exclude the Special Exception Uses of the CO-1 zone, they would have used language to that effect. 3.4 Zoning Ordinance interpretation is intended to be broad In interpreting provisions of the Zoning Chapter, only the minimum requirements need be met (excepting certain aspects of Design Standards, which are not material to this appeal). Section 14- 6A-3 reads as follows (emphasis added): 14-6A-3: INTERPRETATION AND APPLICATION OF PROVISIONS: In interpreting and applying the provisions of this Chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, order, prosperity and general welfare. This Chapter is not intended to interfere with, abrogate or annul any easements, covenants or other agreements between parties, except if this Chapter imposes a greater restriction, this Chapter shall control. Where provisions of this Chapter are inconsistent with subsection 14-5H-5N of this Title, the provisions of said subsection 14-5H-5N shall apply. (Ord. 00-3932, 6-13- 2000) The office uses of the CO-1 zone referenced as permitted within the CH-1 code are broad ("office uses allowed'). The footnote is written using a general verb "see", not with a more declaratory phrase such as "shall be limited to". The only conclusion that is consistent with the interpretation instructions within the Zoning Ordinance itself is that veterinary clinics should be a permitted use of the CH-1 zone. Consequently, I believe that small animal clinics are allowed in the CH-1 zone. I ask that the Board of Adjustment find that small animal clinics are a permitted use of the CH-1 zone as a conclk§ion of the City Code. Q CH-1 zone. 1 0 4.1 Introduction y While the original written analysis of the CH-1 zone by Mr. Stoffer concludes that 4$ rinaryo clinics can be an auto- and truck -oriented use, and as such would also be allowed in the CH-1 zone, the Zoning Code Interpretation Panel decision neglects to even consider this argument. Auto- and truck -related uses are expressly permitted uses of the CH-1 zone (Section 14-6E-3B.1). From the definitions section of the Zoning Ordinance, Section 14-6B-2, such use is defined as follows (emphasis added): AUTO- AND TRUCK -ORIENTED USE: Any use intended or designed to provide a service to individuals while in a motor vehicle, such as drive-in financial institutions. Any use related to the sale, servicing or repair of vehicles, including, but not limited to, car washes, automobile service stations and garages and automobile accessory sales. Uses catering to the convenience of drivers of motor vehicles, including, but not limited to, convenience groceries, restaurants with drive -through service, service shops, dry-cleaning centers and photo developing drop centers. 4.2 A veterinary clinic that sees a high proportion of emergencies is an auto -oriented use The Emergency Veterinary Service of Iowa City business is unique among area veterinary hospitals in that it would be staffed 24 hours a day to see emergencies. This provides a service to both area veterinarians (who can refer emergencies rather than being on call) and to pet owners. In addition to serving Iowa City and the rest of Johnson County, the facility will also draw traffic from Washington County, Iowa County, western and central Cedar County, and southern Linn 6 County. Rapid access by pet owners, who will bring patients to the facility by vehicle, is critical to the success of the business and also the very nature of emergency care. The majority of emergencies are referred at night, and a location that is easy to find for motorists who may be unfamiliar with Iowa City is necessary. The Emergency Veterinary Service business use is clearly more dependent on the characteristics of a CH-1 zone location near I-80 than is a service shop, a dry-cleaning center, or a photo developing center, each of which is considered as an exemplary "auto- and truck -oriented use" within the code. In contrast to these other exemplary uses which are named in the code, clients frequenting the Emergency Service often do not even have time to double-check directions. Driver convenience is critical, and to exclude an emergency service which will draw traffic from multiple counties while allowing a dry-cleaning service would be arbitrary. 0 ` -C 4.3 A use can be auto- and truck -oriented and remain a member of another zoning Cry «a definition i The use "emergency veterinary service" is not defined within the City Code. One *I C; for*e sake of argument, ask whether it should be regulated as an auto- and truck -oriented uk (a def&d use within the Zoning Ordinance) or as a small animal clinic (which is also a defined use). Is classification as one use exclusive of consideration of the other? Based on other examples within the Zoning Ordinance, it is clear that a use can simultaneously be a member of auto- and truck -oriented and also another defined class. For instance, an exemplary auto- and truck -oriented use is a dry-cleaning center. However that use would also be a natural fit to "Personal Service Establishment," pursuant to its definition in Section 14-6B-2 (emphasis added): PERSONAL SERVICE ESTABLISHMENT: An establishment primarily engaged in providing services generally involving the care of the person or person's apparel. Such establishments include, but are not limited to, the following: laundry, cleaning and garment services; photographic studios; beauty shops; barbershops; shoe repair shops, shoeshine parlors and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services, such as steambaths, reducing salons and health clubs, clothing rental, locker rental and porter services. (See major group 72 of the Standard Industrial Classifications Manual, as amended.) Therefore it is reasonable to conclude that the Bergers' intended use is allowed in the CH-1 zone through its inclusion as an office use allowed in the CO-1 zone (see Section 3.0 above), as an auto - and truck -oriented use, or as both. 7 5.0 Conclusion • I respectfully request that the Board of Adjustment find that as an allowed office use of the CO-1 zone, small animal clinics are also a permitted use of the CH-1 zone. • Additionally I ask for a finding of fact that the emergency veterinary service is an auto- and truck -oriented use and thus is a permitted use in the CH -I zone. r. Thank you for your time and consideration. 0- Yours truly, s -- r} Co Ti /OZ UP Allan L. Berger, VM, PhD y CD Exhibits: Exhibits: 1. February 16, 2004 memo from Mr. Ralph Stoffer to Ms. Jann Ream. 2. February 26, 2004 electronic mail correspondence between Dr. Allan Berger and Ms. Karin Franklin regarding the change in the City's opinion of the allowed uses of the CH-1 lot. 3. March 1, 2004 memo from the Zoning Code Interpretation Panel. 4. Webster's new collegiate dictionary, 1981, pp. 1037-1038. The most recent edition of the "Webster's new collegiate dictionary" is in the 1980s, after which it was discontinued and the "Merriam -Webster collegiate dictionary" began publication. 5. June 26, 1985 supplement to the City Code. Exhibit 1, p. 1 FEASIBILITY TO LOCATE A SMALL. ANIMAL CLINIC ON LOT 21 HIGHLANDER DEVELOPMENT, SECOND ADDITION February 16, 2004 Ralph Stoffer The Iowa City Zoning Code, like many legal documents, have words that have very specific meanings. Unlike standard English, allowed and pgrmitied in the Zoning Code are not interchangeable. In the CH-1 zone, a "small animal clink° is not a use but i believe it is an allowed use with approval of the Board of Adjustment. Transporting a small animal In need of care to a clinic Is an Integral and necessary component of a small animal clinic. I believe this fits within the definition of5uto- and truck-orlented uses', which is a permitted use and does not require approvajhe Board of Adjustment. _, The sections of the Zoning Code that lead me to my belief are: ;-� °j f 1. The lot is zoned CH-1 on the Iowa City coning map. z 1 2. 14-SE-3-8-5: "Office uses allowed in the CO-1 zone' is a permitted use in t t% CH-1 zone. 3. 14-6E-3-8-1: "Auto and truck oriented uses "is a permitted use in the CH-1 zone. 14-613-2 "Auto- and truck- oriented use" is defined as: "Any use intended or designed to provide a service to Individuals while in a motor vehicle, such as drive-in financial institutions. Any use related to the sate, servicing or repair of vehicles, Including, but not limited to, car washes, automobile service stations and garages and automobile accessory sales. Uses catering to the convenience of drivers of motor vehicles including but not limited to, convenience groceries, restaurants with drive -through service, service shops, dry-cleaning centers and photo developing drop centers. 4. 14-6E-1-B-7: Permitted uses in the CO-1 zone include: 00111ces which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail establishments specifically allowed in this Zone. Any office use shall be permitted excepting the following: a. Drive-in facilities. b. Small animal clinics." 5. 146E-1-C-9: Included in the uses allowed In the CO-1 zone that require a "special exception" Is: "Small animal clinics, provided: a. All aspects of the operation of the clinic, including any accessory use, are conducted completely indoors within a single, soundproof building; and - - Exhibit 1, p. 2 Feasibility to Locate a Small Animal Clinic on Lot 21 Highlander Development, Second Addition Page 2 February 18, 2004 b. The structure housing the clinic Is not located within two hundred feet (2001 of a residential zone; and c. No odors or noise from the clinic shalt be discernible at any lot line." 6. 14-86-2: "Special exceptlon" Is defined as: 'A principal or accessory use, a yard modification or a modification of parking and staking spaces allowed when the provisions of subsection 14-6W-2-6 of this chapter are met and where the board of adjustment determines that the facts and conditions specified elsewhere in this chapter as those pgrmitting the exception exist.' 7. 14-6W-2-B: This section of the Zoning Code grants the Board of Adjustments grant or deny the use based on the terms listed In point 5. 8. 14-6B-2: "Permitted use" Is defined as: 'A principal use allowed in the zone In which It Is listed, subject to compliance with the dimensional requirements and special requirements, if any, of the zone and the general requirements of this Chapter." 9. "Allowed" Is not defined in the Zoning Code. 10. My conclusion is that in the Iowa City CH-1 Zone 'small animal clinic" is an allowed "office use" with a "special exemption" that can be granted by the Board of Adjustment. 11. In addition: a small animal clinic can tali under the definition of an auto- and truck- oriented use. ST CO O Exhibit 2, p. 1 From: Allan Berger [mailto:ab@bebt.com] Sent: Thursday, February 26, 2004 10:13 AM To: Karin-Franklin@iowa-city.org Cc: Steven-Nasby@iowa-city.org; Jann_Ream@iowa-city.org; Bob-Miklo@iowa-city.org; ralph@landmark-surveying.com; larewlaw@aol.com Subject: Vet clinic in CH-1 Dear Ms. Frankin, As you may remember from older e-mail messages carbon copied to you during a discussion I had with Mr. Steve Nasby, I have been trying to set up a veterinary clinic in the north part of Iowa City for some time. I believe you are aware that I have had a number of frustrations, especially when the verbal opinions I am offered regarding where my proposed use is allowed seem inconsistent or are rapidly retracted. About a week ago, my understanding (second-hand) is that you were consulted by Housing and Inspection Services regarding the possibility of constructing an approximately 10,000 square foot mixed -use building that would in part contain a veterinary clinic, to be built in the CH-1 zone on N. Dodge St north of I-80. Inspection Services relayed back to me that this use was allowed with a special exception. However this morning Mr. Bob Miklo telephoned the engineer I retained (Mr. Ralph Stoffer) to say that it was not allowed. My new understanding is that an application for special exception would not be considered by the Board of Appeals. Over the past few years of trying to find an appropriate location for my business, I believe I have corresponded directly with everyone involved except you. I really would like to find a location where my business is both viable and where the City can support the use. Is there some way to reach to a compromise on this specific CH-1 site, and/or resolve this in a non -contentious way? Since all opinions on a veterinary clinic use in the CH-1 zone have been verbal, I feel I have no choice but to submit an application even if Mr. Miklo now says it cannot be considered. If the Zoning Code Interpretation Panel has not yet formally met on this matter, I am unsure if that would be appropriate now or if it should wait until there is an application pending. I would like to resolve this without creating any additional conflict or misunderstandings. I would be grateful for any thoughts you would be willing to share on this issue. If it would be more efficient to talk on the telephone, my cell phone number is 321-5029, or my office phone is below. Thank G% co 1 13 S A' o Exhibit 2, P. 2 you for your time and for any clarification you might be willing to offer on the best process to obtain a reliable opinion. -Allan Allan Berger, DVM, PhD Bright Eyes & Bushy Tails Veterinary Service 3005 Highway 1 NE Iowa City, IA 52240 (319) 351-4256 (voice) (319) 341-8445 (fax) http://www.BEBT.com cc: Mr. Steve Nasby Mr. Bob Miklo Ms. Jann Ream Mr. Ralph Stoffer, Landmark Surveying and Engineering Mr. Jim Larew, Larew Law Office From: Karin Franklin <Karin-Franklin@iowa-city.org> To: "'Allan Berger"' <ab@bebt.com> Cc: Steven Nasby <Steven-Nasby@iowa-city.org>, S Jann Ream <Jann-Ream@iowa-city.org>, Bob Miklo <Bob-Miklo@iowa-c4.01�>, ralph@landmark-surveying.com, larewlaw@aol.com _ Subject: RE: Vet clinic in CH -I co Date: Thu, 26 Feb 2004 16:07:27 -0600 Allan: I apologize for the change in direction to you. The original > _ interpretation Jann and I gave you was questioned as your project proceeded o and after review by the Zoning Code Interpretation Panel was found to be faulty. I serve on that Panel and concur with the logic of my colleagues. Small animal clinics are permitted as a special exception in the CO-1 zone and as a provisional use in CC-2. The CH-1 zone (Highway Commercial) is intended for highway -oriented uses such as gas stations, hotels and motels. Small -animal clinics do not seem to be consistent with the intent of that zone. You might check with Southgate Development company, who owns land in both these zones and may have an opportunity for you. I believe there is also some land still available on Mall Drive, southwest of Lenoch & Cilek which is zoned CC-2. Karin Franklin .amity of Iowa G._�y MEMORANDUM Date: March 1, 2004 To: File From: Zoning Code Interpretation Panel Re: Animal clinic in a CH-1 zone Question: Is a small animal clinic permitted on a lot on North Dodge Street between Highway 1 and the Highlander Quality Inn? Conclusion: No. Exhibit 3, P. 1 The lot in question is in a CH-1 zone (Highway Commercial). The CH-1 zone, Section 14-6E- 3B.5, permits "Office uses allowed in the CO-1 zone." A footnote is provided directing the reader to Section 14-6E-1 B. This section is the CO-1 (Commercial Office) zone, which lists as permitted uses under V, "offices which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail establishments specifically allowed in this Zone. Any office use shall be permitted excepting (emphasis added) the following: a. Drive-in facilities. b. Small animal clinics." Small animal clinics are permitted as special exceptions in the CO-1 zone and are specifically listed as such. In the CH-1 zone, however, there is no listing of small animal clinics in the special exception section and the reference to office uses specifically cites the permitted use section of the CO-1 zone. Therefore, the Panel concluded it was not the intent of the drafters to include small aal cline s as a use in the CH-1 zone, either as a permitted use or as a special exception. _ C) z Co K in Fra lin, Director PCD ;�. .n ot"Y�,15irEtror, HIS Douglas _...} �C) m arch Hole k, st A , t. City A rney p � -p - co Exhibit 4, p. I, Copyright © 1981 by G. & C. Merriam Co. Philippines Copyright 1981 by G. & C. Merriam Co. Library of Congress Cataloging in Publication Data Main entry under title: Webster's new collegiate dictionary. Editions for 1898-1948 have title: Webster's collegiate dictionary. Includes index. 1. English language —Dictionaries. PE1628.W4M4 1981 423 80-25144 ISBN 0-87779-408-1 ISBN 0-87779-409-x (indexed) ISBN 0-87779-410-3(deluxe) Webster's New Collegiate Dictionary principal copyright 1973 COLLEGIATE trademark Reg. U.S. Pat. Off. All rights reserved. No part of this work covered by the copyrights hereof: may be reproduced or copied in any forth or by any means —graphic, elec- tronic, or mechanical, including photocopying, %cording, raping, or infor- mation storage and retrieval systems —without written permission of the publisher. Made in the United States of America 50494847 RMcN8281 CO 1F7-i The I DictiOl 1036 1037 mcern who may keep records Of dir zings and of stock Ownership and iotah. company's legal interests IS : an ,(hors* iely responsible for its records and a :er of state who supenmends a goy' carts cot 4 a: WRITING DESK. CSCRITOI1fttnbft section for books — see•re•tarirl i 'ary•ship \'sek-ra-,ter-e-,ship\ n +s fr. the resemblance of its crest to A the car j : a large long-legged .Arri n d enmriuslJ that feeds larg6ely upon rptilu� I secretaries-genersl: aprinei e-.. ALIAN BALLOT ~ea,oeng [back•f,mn,ioagdvoff secretion) I rat\ vl secret-ed; secret-ing (alter M to dIi y deposit hiding ACT syn see HIDE1s+ n (sec"non + -in] : an intestinal ho the pancreas and liver to secrete Opp. of secemerrnto Separate — n-. gal ass of segre tin mere ea 1 gee g, (as and rd4ttlr I Is : a ly odspecializedofA (re ion a) or ia1 1 b : a product of secretion forrmd 61py one performing a specific useful fitraT� s ;e): the act of hiding something: corebi, ,el,' adj st-kret•\ adj [back-formation fr. m m reM critivitej: disposed to seccy: not Open ::livity. or purposes syn sec TILE T A adv — se-ere•tive.ness n t : an individual of blood group A, g, wAl ens characteristic of these blood grN;B,r e\ adj: of, relating to. or promoting run y secretion inner whose membership in a partner . blic lee organization operating for the rums pet e the political purposes of its govenmw wthods I governmental service of a secret nann I I of the U.S. Treasury Department cka s anion of counterfeiting and the protectgad i of various oath -bound societies ohm de moral discipline. and mutual assisunw e. fr, M F & LL & L; MF, group. see, k.11 I astieal body, fr. L. way of life, clog d la. 1 ■ : a dissenting or schismatic retipm ed as extreme or heretical b: a rekpon sir : SEX (so is all her -•-—Shak.) 3 s: s stinctive doctrine or to a leader b: Neer onal form (L sectus. pp. of Seca" to cut —ram (pinnansecr) omb form (L sectus) : cut : divide (boon) -an\ adj 1 : of. relating to. or charzaas n 2 : limited in character or scope: Nm sin \-e-a-,niz-am\ n idherens of a sect 2 : a narrow or bilad r-t-a-,mz\ v6 4zed:.4-ing vi : to Set uss. sectarian pi -ties : a member of a sect adi (L sectrlis. fr, secuur) - capable of beta a smooth cut — sec•til-bty \sek•'ti4H21' 1 (L section-. secrio. fr. sectus) 1 z:ik I cutting or separating by cutting b: IN" -rating 2 : a distinct part or portion tit livision of a chapter b: a division of' kt nl pan of a newspaper 3 An: the proflld 1 appear if cut through by an int MIS! gure resulting from the cutting of a sokdl! I subdivision of a taxonomic group 6:1 iniing as a mark for the be&nnin6 cilia in series of the reference marks l' +pnt e in area forming one of the 36 subdiviass bstinct part of a territorial or politkdus . if people 8 a: a part that is, may5as" : hop the stalks into —s) (the norlhem^d Smear Of a fruit : CARPEL 9 : a bow al' i i special function 10 : a very thin skis lC n ucroscopic examination 11 a: ON an' ling the students taking a course b: one? into which a conference or orglamaai" ision of a railroad sleeping or with an ow : a part of a permanent railroad WAY srdr set of men e : one of two or mare Ydtd" -n the same schedule 13 : ate Of slows may be assembled or reassembled (I oA vision of an orchestra composed door IGNATL'RE 3b syn See PART 1: sec•tion•ing \•sh(a-)nog\ yr 1 : roalf 2 : to represent in sections r it -to It into parts I. •than -'I\ adj 1 e : of of rrhtislw_ egional rather than general in chuui?`. i ng of or divided into sections <^-luooea ,dv NI a ; a place of fillnuture made up of modular unit apa. to separately or in various combinations allom \ sek-shna•Jiz-am. -shan-1-,iz-\ n : an exaggerated a to the interests of a region Eight n (Section Vill, Army Regulation 615-360, in effect %amber 1922 to July 19441 1 : a discharge from the U.S. On military inaptitude or undesirable habits or traits of x 2: a soldier discharged for military inaptitude of unde- tabit or traits of character gong n : a crew of track workers employed to maintain A Wand n: a laborer belon 'n to a section ang of L coming once In an seal to now — more or tend <"' sort axisia) e : not cod a0 2 : cot bound In Matto clergy a b(a)r\ , L. f, L cutter. fr. sectus pp. of M SAW) 1 ■ : a geometrical fieurc hounded Included arc of s circle IS (1) : a subdivision y portion (2) : a Pont= of a military front 2 : a mathematical instrument consisting of at one end by a joint and marked with Several Yet pan (as of an economy) torelk see,tor-(rag \-t(o-)rag\ : to divide into s -A. = for-\ adj 1 . of, relating to. or having If a circle 2 of a chimera: having a sector of Deed in an otherwise normal body of tissue I adj fME, fr. OF stouter, fr. LL sarmlaria fr. age, Fr. sineculum brand, senmtion; akin to L at sow) 1 a: of or relating to the worldly cerua) b : not overtly or spexf. Fellpout (-�- asiastical or clerical (— court) (-•- landown. y monistic vows or rules; specif; of. relating not bdonein4 to a religious order or congre- 3 a: aceumas once In an age or a century lung through ass or «ane : of or Of indefinite duratimes on — wiletelar-Gty \,sek- aJardy \'seJc-yes-Ix-le\ adv s or sseuler 1 : a secular ecclesiastic (as a 'MAN la•,riz-am\ n : indiNereem to or rejection or Ind religious tomideratim.. — ....r..A.. \-tart\n— a acutanaaor ese•u-ler-Istic\mk- a-la'riatik\adj sloefenls \'xk-ya Il , \ vt -izod;-iz-Ing T : to make secular 2: to transfer from acclesuattul to civil or toyy tax, possession, or mapni 7 : to convert to or imbue with secutarism — oae•uJar- , ,, \-Nk-Ytla-ra-'zi-shan\ n — aMuder-iz•or n Nquad \si-4and. 'se-,\ adj [L Secondw following — more at SEC. um): havens sane pan or dement arranged on one side only • UMATERAL (^- names) IWCL n \dhyu(a)r\ adj secur-i r; *st (L secures We, secure, fr. a with" + aura pre — mon at IDIOT. CURE) 1 a archaic : on. viselyfreefromfurordistrust: OVERCONFIDENT In: easyin mind r INnDENr e : assured in opinion or expectation : having no sMM 2 4: free from danger IS : (me from risk of loss e : al. hrmiig Safety : INVIOLABLE (■ — hideaway) of : TRUSTWORTHY. aFFE IMSILS < - foundaticar) 3 : ASSURED, CERTAIN (— Victory) OW FAAF SAFE ant precarious, dangerous — esturadY adv — ao• 4WAM vb ssaursd: wecur4ng vt 1 a : to relieve from exposure to danger : act to make safe against adverse contingences (he locked the door to -., them from interruption) (- a supply line haw ennny raids) b : to put beyond hazard of losingB or of not n "ng : GUARANTEE < - the blessings of liberty —V.S Canstitu. dsl o: to give pledgee Of payment to (a creditor) or of (an oblip- lik (^ a note by a pledge o ollateral) 2 a: to take (a person) into aMtodY : hold fast : PINION b : to make fast : SEAL (^- a diw) 3 e: to get secure usu. luting possession or control of <-�- w FIOYmeit) IF : to bring about : EFFECT 4 : to release (naval na Pmod) from work or duty -�- vt 1 of naval penonnel: to stop Work : go off duty 2 of a ship : 10 tie up : BERTH syn Sec EN. RILLGET— securaf IF IMuram rat\si-'ky6(a)r-mant\n labs: PROTECTION 2: theact OPmem of securing 6"ty \sihyur-at-e\ n. pi -ties 1 : the quality or state of bug tent": as a : freedom from danger : SAFETY b : freedom kaw fur Of anxiety eggoI: freedom from want or deprivation (job be fulglbm:l f sin obloganonS deposited. SURor ETY 3� tanmake evidencecertain of lets ol ownership (as a stook onifiate or bond) 4 a : some• 'FIB = retures : PROTECTION b (1) : measures taken to guard rlaas uptonage or sabotage, crimp attack, or escape Or an n"billial a department whose task is security if)i blanket IS 1 : a blanket carried by a child as a proem. Against anxiety 2 : a usu. familiar object whose presence *Pds anxiety Isms$ / Council n : a permanent council of the ldnited Nations mewy primary responsibility for the maintenance of peace and "interest n : the rights that a creditor has in the personal WOPNV ofa debtor that secures an obfigsion : LIEN POL (Police n 1 : police engaged in counterespionage 2 watmml: sedimentation �se\e-'doa\ n [origin unknown] iamabk Often covered chair thal is de.z hilneb arty one person and that is OFPula by two men 2 a : an wolsedautomobile seating four to sevenBdtldtAS the driver and having aI. two or four doors, z,,_�I top b : a motorboat rag w. au passenger compartment aw=dkl\ adf (L sedatus, fr. pp. or ftftCalm; akin to mdere to sit — sedan 1 w mT1: keeping a quiet steady Bill. Exhit '., P. 2 sectional 0 see Pace : UNRUFFLED syn See SERIOUS Ant flighty — se- adv — sodete•ness a vl aodetad; sedating [back-formation fr. sedative) : to th sedatives in \s4'dh-sh2n\ n 1 : the inducing of a. relaxed easy state the use of sedatives 2 : a state resulting from or like that 1 from sedation ve \'sad-w4v\ adj : lending to calm, moderate. a teMs- en'aumesa a exettemenl •n: a Sedative...,.. —A.... v— mras7 Z : doml attached < -barnacle seder \'shd•ar\ IN oft om cmunity service to evening of the peas, Jews except in Israel i udoaunt \sa•'dir•artt used to introduce list a prolonged sitting todge \'sej\ a (ME set rage saw —more at family) of usu. tube grasses in having ache ttaa genus (Cans) — sall"e\seats n e redco ;seats bd the Beaton, and aubdearn r-e aaj IMF sedentain, fr. L sedrrinoius, Jr, s ore to sit) 1 : not migratory : srr7LED Of requiring much sitting 3 : permanently r cap [Heb slither order] : a Jewish home or ludmg a ceremonial dinner held on the first .r and repeated on the second by Orthodox commemoration of the exodus from Egypt ,(those attending here sat tsersiom n morto e at s ri a for discussion) r, fr. OE trey- akin to MHO segge sedge, OF ,w1: any of a family (CYIAgawe, the sedge marsh plant differing from the related a and solid stems: esp : any of a ezramopol- bgY \\ xj-e\ adj asp $fir = dg-\ n Cl [L. I. of redtle lest. fr. truth side of th. ,• .....fit__ at\ In (MF, fr. L .sedimentum settling, fr. ) 1 : the matter that settle. m .s. t...,.__ raod•1-Idlsnt - -__ r.-- ..r ^ iar, Winn, or gtanen \-Jet t\ vt : to deposit as sediment , Vi 1 : to settle to the bottom in � a Ifqquid 2: to deposit sediment sod-(+nsri•te-ry \Weed -?\tent- -re, -'turn-ire\ ad' 1 : of, relating to' or containing sediment (I dep.'ts) 2 : formed by or from deposits of sediment N lmRntsfy rock n : rock formed of mecham chemical. or organic sediment: as a : rock (as sandstone or%e) formed of fragments transported from their and dep®aded elsewhere by water b : rack (as rock salt or forniOrby precipita- toon or solution c : rock (era limes a lmederrt morgentc remains (as shells and skeletons) of o spr c ss of or in \,aid-a-man-Rg-abase. , process of forming oo depositin■■ sedi t Itad.4mon•tla4o-gy \teed-aman•'tiil-ay�., \ fir" bran . science that deals with sedimentary nobs and theipp.,ifiisycclus'ahs — \-d•kal\ adj st aM•i•men•to•I Ftfr .' I yNa\ adv — f mon•tologlst \-man= toil -a -last, y.m , sedition .fr. S . actor n[ME,itio fr. o ac yr. [fs�gd �ediclo}(O separation. Oft a apart + itdon-, itlo ere s. yr. taus, pp. f0 90 —man at SECEDE. ISSUE] : to Ot I. as to or insurrection against lawful authority soedi•tious \si- dish -as\ adj 1 : dis"4 arouse or ttaake pan in guiltyy of $4y ad 2: of, relating to,'LPyeiOding toward Sedition *-due* sAd4tImAso FvBa n seduce ay, fr. se- a e seduced: sedue.ing (LL seducers. fr. L. to lead away, fr. se- apart + duce" to lead — more at Tow] 1 . to Persuade to disobedience or disloyalty 2 : to lead astray usu. by lion uaofsion 4: AmtACror false r >Yn See LURE— seduc-erhrel physical seduc- gwduce.mont \-'d(y)ii-smant\ n 1 : SEDUCTION 2 : something that serves to seduce ' B"uc•tion \si-'dak-shan\ n (MF, fr. LL Seduction.• seductio, fr. L. act of leading aside, fr. seductus, pp, of seduccre) 1 : the act of seducing to wrong; specif: the entleemenl of a female to unlawful sexual Intercourse without use of fora 2 : something that Seduces: TEMPTATION 3: something that attracts or Charms B"uc-tive \-'desk-tiv\ adj : tending to seduce : hayini allurins or tempting qualities (a •�- woman) (a spring morning) — nn; or tivwly adv— se•duc•tive-ness n teduo•tress \•'desk-tras\ IF (obs- seduco male seducer, fr. LL, fr. seductus pp, of seducers to sedum): a female Seduaer aedtlijoty \si•'d(y)u-Ix-e:\ n : sedulous activity : DILIGENCE eet4udous \'wkaalas\ adj fL sedulus, fr. sedulo sincerely, diligently, if. Se wilhOut }doles gui e — mom at IDIOT. TALE( 1 : involving careful or accomplished with reful perseverance (-�- cra tsmanship> 2 - diligent in application orunmt (a student) syn sae Busy — sed•udousdy adv — sed.u.Pous•ness n ondum \sisal -am\ it INL. genus name, fr. L, houseleck) • any of a genus (Sedum) of fleshy widely distributed herbs of the orpine mily: -bNECROp "ses \Zee\ vb saw \'sb\s; Been \'sen\; 94119 \'se-ili\ (ME men, fr. OE soon; akin to OHG sehan to See, OE secgan to say —more at s6v] vt 1 : to perceive by the eye 2 a : to have experience of UNDERGO (— army service) IS : to come to know : DISCOVER 3 8: to form A mental picture OF: VISUALIZE <an still - her as She was years ago) IS : to perceive the meaning or importance of UNDERSTAND e : to be aware of: RECOGNIZE (—S only his faults) d : to imagine as a possibility : sup"It (couldn't -.- him as a crook) 4 a : EXAMINE WATCH (Want to ^- how be handles the Problem) IS (1) : READ (2) : to read of e : to attend as a spec. talOr <•.- a play) g 4: to take are of : provide for (had enough 8 money tto regard ran, ih VOGE [b mtoe sure refer( to that he eoo� is keep C ^• him Is a abut ri out j joke it loot ' kitten ar further a back il bake i cot, can ch thin r last i easy g gift 1 trip i life 9 sing b pow b flaw bi ,We th thin th this IF foot y yet Yi few YR furious ab vision see • segregated hanged first) Will you dead before I accept your terms" e : to find acceptable or attractive (can't urelmind what he -s in her) 7 a : to call on : VISIT IS (I) : to keep company with esp. m courtship of dating (had been • us rich other for a ycar) (2): to grant an interview to : RECEIVE the president will - you) a ACCOMPANY. ESCORT (- the girls home) 9 : to meet (a bet) in poker or to equal the bet of (a player) : CALL ti vi 1 a : to give or pay attention b : to look about 2 a : to have the power of sight In : to apprehend objects by sight 3 : to grasp something mentally 4: to make investigation or nquiry Iyn SEE LOOK. WATCH shared meaning element : to perceive soma thin; by use of the eyes — see after: to attend to: care for — see eye to aye : to have a Common VIMPOlnt : AGREE — see things : HALLUCINATE -- wee through : to grasp the true nature of (taw' through his doorptions) —sea to: to attend to: tare for zsN n (ME et. fr. OF. fr. L cedes seat: akin to L sedere to sit - morc at sir] 1 a archaic: CArHEDR.. b: a cathedral town e : a Et" of a bfnbop's office, power, or authority 2 : the authority or jurisdiction of a bishop sea•able \'se-acbal\ ad': Capable of being sent vaned \'sod\ n. Cal seed 0, solids [ME, fr. OE sZd: akin to OHG nor steed, OF sawn to sow - more at sow) 1 a (1) : the ggrams or ripened ovules of plants used For sowing Q) : the fernitied rip- ened ovule of a flowering Plant containing an embryo and capable normally of germination to produce a new plant: broadly : a prop- agative plant struemre (as a spore or small dry fn,idpropa- galtveanimalstrueture: (1)' MILT. SEMEN (2). sYmell e_¢g !as O( Off insect) (J) : a developmental (prm of a cower animal surtabit for transplanting. sptcif : SPAT e : the condrtmn m stage of bear- ing seed fin •�-; 2 : PROGENY 3 : a source nF des etc, nt or growth : GERM (sowed the -s of discord) a 1 some1hm6 (as a tiny particle or a bubble in glass) that resembles a seed in shape or site 5 : a competitor who has been seeded in a tournament - good adj - seeded \-ad\ adj - seed Jess \•lac\ adj -- saad•likR see \-.Ilk\ adj - go to d or run to seed 1 : to develop seed 2 DECAY aeaad 4 1 : lO sow ;red -. PLA41 2 1+, bear :heel seed • -+r 1 a : to plant seeds in : sow (- land to grass) o : to fumih wlth something that causes or stimulates growth or development e : INOCULATE d : to supply with nuclei tas of cr)'stallrra[ion or condensation): esp : to treat (a cloud) Alth solid panicles to con - Yen water droplets into ice crystais m an attempt to produce pre- LipitAtion 2: PLANT IS 3 : to extract the sods From vas raisins) 4 a : to schedule (tournament players or Beams) so that suprnor ones Will not meet in early rounds b : to rank (a cootesum) rela- live to others in a tournament on the basis tie orec>nus reco,(1 'the top -seeded tennis star) seed4md \'sad -,bed\ is I : sod or a bid of loll Prepared for silant- ing seed 2 : a place or source of growth or development saad•esita \•kkk\ a 1 ; a cake or enokit eaneaming aromatic seeds(u sCaamt Of caraway) 2: OIL C A FE seed cost n : an outer protective cove nag of a seal Resdtattf \'sod-,A-ar\ a ; a bird (as a Finch whose die! zersnts basically of seeds - called also hard -bill seeder \'sed-ar\ n I : an implement for planting or sowing seedi 2 : a device for Seeding fruit 3 : one 0n, seals cloud' Read form n : env of an order (Cycadufilicall of extinct plants With foliage like that of rems and with naked seeds aged leaf n : Coil L EGON 2 seed -ling \'sad -lit)\ n 1 : A plant grown from seed 2 : a young plant: as a : a tree smaller than a sapling b: a nursery plant not yet transplanted - seedling adj seed money n : money used for setting op a new rise-,rppme seed oyster n: a young oyster esp. of a slm for transPlan,almn seed pearl n 1 : a very small and often irregdar pearlf 2 : min• sets rls imbalded in some binding material y awed plant n : a plant Ibat !sears seeds •l f : iFF.RMA IrNl V1 sared•pod \'lied-,pplid\ n : sW)n I sesda-men \'sedz-man\ n 1 : One who sews seeds 2 : a dealer in ward$ send stock is : a satpply fas of seed) for planting; hroadiv' a source of new individuals C a seed track of trout en !hc sl reams: stied tick is : the h-legged larva of a tick seed -time \'sad-,IVn\ n 1 : the season of sowing 2 : a period of onglnai development nand Veteel is : PER I'ANP aaedy \'sed-e\ adj sold-itr: tst 1 a : contaming or full of seeds (a — fruit) b: containing many small similar inclusions 'glass — with air bubble) 2 1 Inferior in condition or quality. as a t SHAD". RCN.WWN '- clothes, b : some disreputableSgLALID fa - district) (- entenainmeno e : sli Fatly unwell vevT t anarr• esp jar I arse -sear\ n T : One that sem 2 that predicts events or developments b : a person cra extraordinary moral and spiritual insight 3: oI at (divination esp by concentrating on a glass or crys[ b aaer \'vla)r\ A pi asif ar aser [Hindi srrl 1 Indian units of weight. esp • a unit equal Afghan unit of weight equal to 11,6 pounds .p f[artas \'sl(a)Fa3\A: afemaleseer: PROPHFius seersucker \'sda)r-,sak-af\ n [Hindi ursaker. fr. Per shh--[ ht_ milk and sugar] : alight fabric of linen. cotton. 'ses-aew \be -,so\ n [prob. fr. redupl of 'yaw] 1 : an up-and-down or backward -and forward motion or mo�t,.da : a contest or struggle,is which ear w enc side now the ot-6et n bi lead 2 a , a pastime it which wi :b0dre•. or groupp!s poo�(((i��ggsil e ride+•n opposite ends of a plan, balanced m rise middle s¢ Ihjts6 end goes up as the other gees down b: the plank or appgG(u(e used - aeeawadi t eeeeaw i 1 a : to move backward and forward omilp,* d down b : !o play at seesaw 2 A, "'Al" - of : to d'meto move m seesaw, fashion 'Deaths ''se��'\ vb seethed: seeTh•ing [MF sethen, fr. OE aforkne akin to `7He's sralan to seethe. Lith smusti to rage] vt 1 archer Poll- Stew' 2 : ro soak or saturate m a liquid � vi 1 archaic Brill 2 a : TO he in a state of rapid agitated movement b: b churn or foam as If Nnling 3 : to suffer nolent internal exce, Tent aseethe rt : a state of see,hm g :get t.i tics Reeth•ing adj 1 , incensed' hot wnLING (a - mfeml) 2: roe dandy mcv,nq or active: AGIrA tko soo-through \ se-,lhru` adj; raANSPARLNt segt•tsl \ sej, at-9\ adj jLL segetalm L-. L seger. segos field of gran crop]: growing in fields of gram 'Ng•mli Vwg-mane\ n f L w3fr,ennirn. fr secure to cut —marts SAW) 1 a : a separate p,es:e of $.-mething . BIT. FRAGMEM(chq ,he stalks into short -r) b : one of the constituent pent which a body. entity, or quantity is divided + r marked offff d by natural boundaries (all --s of the pi.,pulation agent) 2:1 portion cut off from a geomeencal figure by one or more pomp lino. or planes: as a : the part of a nrcafxr area bounded by a .herd and an arc of that circle or so much of the area as is cm, by the chord b : the part'of a sphere cut off by a plane tt w eluded between two parallel planes c • the finite part of A has helween two Points m the line ayn Der PART — aag•ma Wy \-man-der-e\ adj Iseg•ment \'sag -,men,\ It ; t0 .spa race trio segments : give off segments ssg•memnl \sag-'meet-9\ ad) 1 : of relating to, or havia{ iFa form of a segment and ap. L sector of a arcle <^ fanlight)(" pediment) 2 : of. relating to. Or composed of somites or lien' mere$ : META.MERic 3 a : dtnded into segments (- knowkQT) b: PARTIAL.INCOMPiErE e: resulnngfromsegmentation —aK mentally \-'t•e\ adv sag-men•ta•non \,seg-man-'ta-Than. -,men-1 n : he prmssn d dividing into segments. esp : the formation of many cells froo n single cell (as m a developing egg) segmentation cavity n : DLASTI) OEL �_,,1 so g•mentad \'sag -,Tent -ad, srg-'\ odj : divided into or c=Pwd :, segments or sections (— worms) ae•gno \'sdn•( )yd\ a. pl sagnoR (Ib sign, fr. L n hunt : DEBILITATED (felt - and went home early) - - aeed•i Iy Osild-'I-e\ I a notational sign: speelf : the sign that marks the bee adv - ■end•I•nees \'sed.e-nos\ n ginning or end of a musical repeat 7J sego lily \,se -(,)go-\ (the Al ssa•in9 se-t q\ COAT : inasmuch as Seeing Eys n [sea, bulb of the segr lilyy), fr. Pautc) : a western No American trademark -used for a guide deg trained w lead the blind perennial herb (Colo• rhanu.r nulzalhi) of the Idy Fam,ly with bell•ihaoed flow- stets weak \'sek\ vb Sao q lit `; silt\, Seek•ing f V E reken, fr. OE secan' ers white within and largely green without aeg•rtPgant\'sag-ri-gent\n: SEuaE,Alf. akin to OHG ruohhen to seek. L wait,, to hegeurhai to Iadl rf t to resort Ise - o t �n2s' ekeeru keenly. d 8 'Deg•rogats \'seg-ri-,gat\ vb -Cat•ed: -get-ing [I. segregotus PPS : look ( Search, r—(s rt to ask'( ,egregart. fr. se- apart -. greg-, grex herd - rrore at SECEM the ! ES advice) Fate Irytoacquire or gam': —dame !•ARIOLSI 1'1 1 : to separate or let apart from others or FAIR mass : IYAArE 2 : to fors 5 : to make an atttm t : rky - used w:rh An mfimns'c' govern• menu t, keen he bulk of their pc• :,:m need D N ?moral swum ear ere seDRA,os2: m Om the rest of - Jeie,yf ^• Pr 1 : +k PAP - 'to Poser) +• i 1 � :o make a starch tar ingmry 2 a. r0 Fat au Fat r-i en undMw loo legre at or mlOne a pith v of srgr gatinn 3 ' m under8o Is : to he lacking tee rrirical judgment Ihcv w re %Adly to --B asegregaeun --- aeq re•ge true ga v\ um el- fag ra.gete •� tag n 1, the i:mes Lit Stapp. seekers n seal \'+Brad. +f (after :.f NE den tr `vi e," s•tL I f• I 3a, ,ggat\ rl . e 'o some resp� :egaled test, ' one that yRen fcnetiL.I f', '-,err the psreold' 1•etause e. alum eyelull tv to 0,< he . t , cv Akl +raw:rig Fend, the 1 r •cri is 2 .+r. If g DCi. rA.egaunn seg•regatad add t a Set apart ,r.<•+ -rd !tom at Wir .ugh set p n. - 'ts: err .,ca s se Ie, aJr rN E seiv 'no•r ee u.; i i,,. , a-.Ir esp -•.•Lausr wrrc k nd r. grwp:a - aCcr sent in a nor h - divided is 'its r ariminaterrd .cparalel for •m l» ! d lferent ground ::1 a- ,-.al ,n:a a +,:,t -1. .:1:1,3;, u. .. ayn: .. done 0� 1038 1039 seem \'sent\ " [ME semen. of Stand origin; akin to ON bbes , inn same --- Tort At SAME] 1 : to give the impran. i, a being appear to the observation or understanding ayn SEEM. LOOK. APPEAR shared medning element : to give the in t pression of bang as stated without nocessanly beint So in Fact aeem•ing n : external appearance as distinguished from true actor : LOOK t'bb- ssNming adj : having an often deceptive or delusive ■pPaeaga onsuperficial as APPARENT e�ination the r wealth gave them a - "c"i ) Stiff g y \'se-mi le\ adv seemly \'stsn•It\ adj Beem•Ihtc tat [ME remit fr. ON Onaille fr. same becoming: akin to ON Omit to besmn] 1 a : gmy looking : HANDSOME In agreeably fashioned : AITRAC1n'E g : conventionally proper DECOROUS 3 : suited to the atcau.I purpose, or person : FIT--- aeenl•li•nesa A — self adv 'seeP \'Sep\ w (alter. of earlier stpe, fr. ME aspen, fr. OE ti' a; to MLG seen to seep) : to flow or pass slowly the h fir, geese or small openings: OOZE (water -ad in through a crack) yle music zt nP n 1 a ; a spot where a fluid (u water, oil, or gu)on. 00dso "ed; se•gue•ing: to pro tamed in the ground oozes slowly to the surface and often fomss _- W number or theme to nm[her pool b: asmall sprin 2: iEEeADE--seepy \'Se-pel adj Nusn: a transition from one music - seepaga \rn,Ptly�u e. >, . the process -of sxprn6 : OOZING 2:s +pWi4le \.sg a'de-ry)a. dill..,% . - - laser or xv r'- shon partly asscr... rate with maw, I-gtonal ., ariaticos G9t 29of food! cmmo,; and w �sd rorqu�:aenopreru; C.7,c^ ao\si•'.dt.n Lltn\ n [It. !It ..., •rum hund:Trr mute et tl s, r rw wsf."Ihe 17t I :rntw r no-d •n Ica; kid sea h rxna :n pen' .! sus slG fr '-:L',r ask f e sIR.!. Ivy rr II•rt- (•Y '.. ,dry n id R. -. salts t Ica a xwu add R�' .Its eat tin err t: Tied il&a ter a drunk as a mild c: signaur\sjn' ,.I wren cap .dn -nee it .n.rl. ion tigneur•iN \- ::: <-ai. .ar- .;d.. a policy of segregation (— segregation espp of races e' n \seg.ri-'gk-shun\ n t : state of being segregates a race. class. or ethnic at,, a restricted area. by barn ucational facilities. or by ration for special trearmen front a larger group <- of (- of incorrigibles at a p that occurs Iy pically door In4st \-sh(a-)nasn, n a greganon esp. of races -- a O!'a,k. 'seg-v. vb ifrpfir jet sequ, - more at it Si sse -- used as a dueel�,r �oliows like that which has C.r�k, yl n (sh.,rt for sec whale, parr, -ifThsh + Fare+ -•hale: t.. ,r bac,• atnaury\'can-::.,\ A, Pi gnaur-t v ovemmer+r ir.dad )nct o m Yfeudal tcmm anal I933 2: :sit idgneur a9nior \sin ') can-,.. 1 u C. so of task art nr .y'rsp her.:. mange a• ngnor•ege sat, '1 .right of In:. :, to ^l ;eat revenue F• -rr the mxnufx.ur emu bnweer he ter« value area •h Rignisry or NI.$)nory \'lien :: A•rt\ LORDSHIP. V.b-"r•N rr :U/: the p. ::d 2: the rc: n•. )ry •cr wht•h :r sWnorial \sin.)'r-l-ai.. yn! .., a:q Apllar: MAN•.Pi it ism )'sin\ n IMF. tr. OE sager s prehistoric 'A"'.}rite word Gorr+, `i t[ a IarB+' na won vrnkca ,: ha that hangs '•<!t+:z�!i In :he ,:, seam to rods ary pulled rogelher r. . 'a1M vb Nined; eel n.inp vi t to h,y "I: to fish for a in with a +clue - alien err sei•xin 'sr. 'ass n (ME sr, .°Ilan —more al �EIIE) 1: the Pon possession tit a freehold e,,1.1 'ttno Wm\'si-zam\ [, =+ srumust: tA7 tNtaV or Niam tY •. rem h for,•. i' i k , (, (eismame¢. IaamK +was to shake: ay.ln to 5kt rewu 1 'rhigt to, or caused hY an ear thee Fah vibn[ion ; >.sed by somethir ' Mof a maco,-:c1 2 : of or Cal Y (u the msonl corn parable LY \$:ZTI$-its. !.IS•\ ^ ,.�oogram \sic ma-.m gra.'sr: . In4 Yasnsr!.:grap -t�d�nuons\w�hm the "-it, .: in - iMv.`\`viz-`mig-- =t-•. cis-; n - s, MAW odj - lieu:•rnog•ra•phy +, I t t'gY \viz is-\ n [ °nkguaka and .ash Anihaally nl : �� o-hsg•icd \.az-ma-la+-1-. Ili a•)asl. 5"',• n .hmovn�-tar \,:�-'m:m-:•s-:r sls- • Mituai mov«mentS ': - he gr,rum a•mOmlLric '� pa 't'+ ;T.:•-'r' hquxkerIn y's s +:-'Twee-r .rP s-- \sec\ vb stated- ae,Z•iny s.\t "on of, fr 'ell s•u •<. - r.rm ' (vnthold ester: n � an se• .hry��ke Dose'. 1�`+sa a . `..-1: {• yk Process 3 A -se - e Dntnner .. 'a e - CODE OF ORDINANCES CITY OF IOWA CITY, IOWA GENERAL ORDINANCES OF THE CITY Effective, November 1,1978 Adopted, September 5, 1978 ebb"- Exhibit 5, p. 1 F m J c MUNICIPAL CODE CORPORATION M : / �r . ,: - �i C Tallahassee, Florida 1978 i M21 IOWA CITY CODE c. Performance standards: See Division 3. FILED N d. Nonconformities: See Division 4. 04 (g) Special provisions. ZOQ4 KAR 18 AM 9: 11 vi (1) The floor area ratio may exceed ten (10), up to an(UWuki:l.ERK c ing twelve (12), for any lot for which a use S W Y, l0V IA uj street loading meeting the requirements of on 36-59; or (2) The floor area ratio may exceed ten (10), up to and includ. ing twelve (12), for any lot on which a use provides for a pedestrian plaza that abuts a public street or pedestrian mall and that has an area equal to or greater than twenty (20) per cent of the lot area. Sec. 36-22. Highway commercial zone (CH-1). (a) Intent The highway commercial zone (CH-1) is intended to permit development of service uses relating to expressways or other locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently avQable to the thoroughfare user. (b) Permitted use& (1) Auto- and truck -oriented uses. (2) Commercial recreational facilities. (3) Dairy products processing and packaging. (4) Hotels, motels and convention facilities. (6) Office uses allowed in the CO-1 zone. (6) Restaurants. (c) Provisional uses (1) Retail establishments when associated with the uses al- lowed in this zone, provided not more than fifty (50) per cent of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions. (1) Public utilities. Supp. No. 25 2542 ZONING (2) Schools —Specialized private instruction. (3). Transient housing. (e)'•Dirnensional requirements. nimngi lot area: None. > (2) Minimum lot -width: 100 feet. "(3) Minimum lot frontage: None. .(4) .Minimum yards: Front-20 feet. Side —None. Rear —None. building bulk: Height —None. Lot coverage —None. Floor area ratio-1. 4 36-22 (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions'` and sections of which are indicated as follows: (1) Accessory usei and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building regulations: See section 36-57. c.-01T street parking requirements: See section 36-58. d. &-etree! loading requirements: See section 36-59. e. Sign regulations: See section 3640. f. Fence regulations: See section 36-65. (2) . General provisions: See Article M a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions.. None: Supp. No. 42 2543 Exhibit 5, p. 3 SUPPLEMENT NO. 25 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, March through June,1985, which are suitable for inclu- sion in the Code; the latest ordinance in this Supplement is: Ordinance No. 8542", adopted June 26,1985. See Code Comparative Table, page 2966. Remove old pages Insert new pages av, zvi xv, zvi m, zui, uiii ui, xxii, zxiii 182.1 through 186 183 through 186.1 303,304 303,304 337,338 337 through 344 1251 1251 1563,1564 1663,1664,1564.1 1569 through 1572 - 1569 through 1572 2122.1 through 2134 2123 through 2134.1 2419through 2427 2419through 2429 2479, 2480 2477, 2478, 2479 2485 through 2496.1 2485 through 2496.1 2499through 2508 2499through 2508 2511 through 2528 2511 through 2528.2 2531,2532 2531,2532 2535 through 2546 2535through 2546 2549 through 2578 2549 through 2570 2585 2685through 2588 2593,2594 2598,2594 2599 through 2602 2599 through 2602 2605,2606 2605,2606 2613 through 2622 2613 through 2622.1 2627 through;2630 2627through 2630 Note—Checklist is not updated this Supplement. N 0 1 ^ F -< co I D -- Exhibit 5, p. 4 INSTRUCTION SHEET—Contd. 2639 through 2642 2645 through 2660 2663 through 2664.2 2673,2674 2677,2678 2913, 2914 2965 2639 through 2642 2645 through 2660 2663 through 2664.2 2673, 2674, 2674.1 2677,2678 2913,2914 2965 Index pages Index pages 2979, 2980, 2980.1 2979, 2980, 2980.1 2982.1 2982.1 3005, 3006 3005, 3006 3015, 3016, 3016.1 3016, 3016, 3016.1 3029, 3030 3028.1, 3028.2, 3029 3071, 3072 3071, 3072, 3072.1 3083 through 3090 3083 through 3090.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida September, IN5 i O F' �n J h 136.21 IOWA CrrY CODE c. Performance standards: See Division S. C d. Nonconformities: See Division 4.������ !r1 (g) Special provisions. (1) The floor area ratio may exceed ten (10), up to and includ-t0�',�� ing twelve (12), for any lot for which a use provides off- street loading meeting the requirements of section 36-59; or (2) The floor area ratio may exceed ten (10), up to and includ. ing twelve (12), for any lot on which a use provides for a pedestrian plaza that abuts a public street or pedestrian mall and that has an area equal to or greater than twenty (20) per cent of the lot area. Sec. 36.22. Highway commercial zone (CH-1). (a) Intent The highway commercial zone (CH-1) is intended to permit development of service uses relatinf to expressways or other locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. r (b) Permitted use& (1) Auto- and truck -oriented uses. (2) Commercial recreational facilities. (3) Dairy products processing and packaging. (4) Hotels, motels and convention facilities. (5) Office uses allowed in the CO-1 zone. (6) Restaurants. (c) Provisional use& (1) Retail establishments when associated with the uses al- lowed in this zone, provided not more than fifty (50) per cent of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions. (1) Public utilities. Supp. No. 25 2542 ZONING (2) Schools --Specialized private instruction. (3) Transient housing. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: 100 feet. (3) Minimum lot frontage: None. (4) Minimum yards: Front-20 feet. Side —None. Rear —None. (5) Maximum building bulk: Height —None. Lot coverage —None. Floor area ratio-1. 1 36.22 (f) General prouision& All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: ,See section 36-57. C. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: See section 36-59. e. Sign regulations: See section 36-60. f. Fence regulations: See section 36-65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. None. Supp. No. 26 2543 To: Board of Adjustment Item: EXC04-00005 2501 N. Dodge GENERAL INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: April 5, 2004 Applicant: Allan Berger 3005 Highway 1 NE Iowa City, IA 52240 Contact Person: Requested Action: Purpose: Location: Size: Surrounding Land Use and Zoning: Ralph Stoffer 535 Southgate Ave Iowa City, IA 52240 319-354-1984 Approval of a special exception to permit a small animal clinic in the Highway Commercial (CH-1) Zone. Operation of a small animal clinic in the CH-1 Zone 2501 N. Dodge St. 47,916 s.f. North: auto service station; CH-1 South: vacant land/Interstate 80; CH-1 East: motel; CH-1 West: office/research use; ORP Comprehensive Plan: The Highway Commercial Zone is intended to permit development of service uses relating to expressways or along other major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. This particular interchange is reserved for highway commercial uses and research and development -type uses. Applicable Code Requirements: 14-6E-3, Highway Commercial Zone 14-6E-3B, Permitted Uses in the CH-1 Zone 14-6E-1 B-7, Offices permitted in the CO-1 Zone File Date: March 18, 2004 2 BACKGROUND INFORMATION: The applicant, Allan Berger, has submitted an application for a special exception for a small animal clinic in the CH-1 Zone. This application is tied to Mr. Berger appeal (AP04-00003), in which he argues that small animal clinics and emergency veterinary services are allowed as office uses and/or as auto- and truck -oriented uses in the Highway Commercial Zone. If the Board approves Mr. Berger's appeal, the applicant requests that the Board also consider his application for a special exception for those same uses. The purpose of the Zoning Chapter 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 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 provisions of the Zoning Chapter. Please refer to staffs analysis of Mr. Berger's appeal (AP0440003). Neither small animal clinics, nor veterinary services are allowed In the Highway Commercial Zone. Mr. Berger must apply for arezoning in order to establishthese uses on this particular property. The Board of Adjustment has no authority to grant'a special exception for these uses in the CH-1 Zone. STAFF RECOMMENDATION: Staff recommends that EXC04-00005, a special exception to allow a small animal clinic and emergency veterinary services to locate in a Highway Commercial (CH-1) Zone at 2501 N. Dodge Street be denied, because these uses are not allowed by special exception in the Highway Commercial Zone. ATTACHMENTS: 1. Location Map 2. Application with attachments Approved by: A�A Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF ION CITY ON 1 CH1 SITE LOCATION: 2501 N. Dodge Street FBI EXC04-00005 xca' -rr S APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: _ March 18, 2004 PROPERTY PARCEL NO. 0736306001 APPEAL PROPERTY ADDRESS: 2501 N. Dodge St.; Iowa City, IA 52240 APPEAL PROPERTY ZONE: CH-1 APPEAL PROPERTY LOT SIZE: 47,916 s.f. APPLICANT: Name: _ Allan Berger r.� Address: 3005 Highway 1 NE; Iowa City, IA 52 319-351-4256 Phone: - ` .f co CONTACT PERSON: Name: Ralph Stoffer Address: 535 Southgate Ave.; Iowa City, IA 52240 Phone: 319-354-1984 PROPERTY OWNER: Name: _ Ryan Companies US, Inc. Address:. c/o Marie Jindra 50 S 10'h St, Ste 300; Minneapolis, MN 55403 Phone: _ 319-363-9245 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: 14-6E-3B.5 (referencing a use allowed as 14-6E-1D.9) Purpose for special exception: Construct a building to be used in part as a small animal veterinary clinic, and operate said clinic. Date of previous application or appeal filed, if any: None. -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Leval description of property: Lot 21 Highlander Development, Second Addition (Plat Book 38, Page 155). B. *Plot plan drawn to scale showing: 1. Lot with dimensions; Attached. 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 8 V 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. The Applicant intends seek a site plan approval and building permit for construction of a freestanding building on this 1.1 acre lot. At least a part of the new building would be occupied by a small animal veterinary clinic, operated by the Applicant. The subject property is zoned CH-1, which allows office uses that are allowed in the CO- T zone. The Special Exception qualifications on a "small animal clinic" in the CO-1 zone are described in Section 14-6E- 1 -13.9, and we provide assurance that these qualifications will be met in this project. Specifically, all aspects of the veterinary clinic and accessory uses will be indoors (there will be no outdoor runs). There is no residential zone within 200 feet. The facility will be designed to minimize noise and odor. D. The applicant is required to present specific Information, not just opinions, that the General standards for the arantino 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 egdanger Ok health, public safety, comfort, or general welfare. CCU} We anticipate no public safety concerns from this operation?-" - CO «-F-i ca -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. This 1.1 acre lot provides sufficient space that we do not expect any neighbors or adjoining users will be adversely affected. The building being planned will meet or exceed the appearance of the adjacent gasoline station and hotel. 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. This project will not impede development. There are a total of three vacant lots in the subdivision containing the subject property. All three lots are currently owned by the Ryan Companies US Inc., and have been listed for sale for a long time. The Ryan Companies representatives believe this project will not adversely affect their ability to sell and/or develop the other lots. 4. Adequate utilities, access roads, drainage and/or necessary racwa"a imve been or are being provided. Adequate utilities and access exist. Drainage modeling will be performed in a site plan application which would precede application for a building permit. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The clinic will have access to the privately owned drive which leads to the signalized intersection with North Dodge Street/Iowa Highway 1. This signalized intersection has adequate capacity. _i _f CO ¢ _ O -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.] 14-6L-1-L: There will be no animals kept outdoors. There are no dwellings within 400 feet. 14-6N-1-J.2-m,n: Parking will be provided pursuant to the requirements. 14-6Q: Dimensional requirements will be followed. 14-6R: Trees will be provided according to this section. 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. a G=- o- r co The clinic is a commercial office use consistent with the short ' I range Comprehensive Plan. 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 Ryan Companies US, Inc. c/o Marie Jindra 50 S. 10`h St., Ste 300 Minneapolis, MN 55A403-2012 National Computer Systems, Inc. 5601 Green Valley Dr. #220 Minneapolis, MN 55437-1186 A&B of Iowa, Inc. PO Box 1297 Fort Dodge, IA 50501 Nordys, LLC 1400 6`h St. SW Cedar Rapids, IA 52404 Thomas P. Streb, et al. 2790 N. Dodge St. Iowa City, IA 52240 Harry R. Wolf, c/o Buyers Realty 131 E. Burlington St. Iowa City, IA 52240 Southeastern Iowa Synod ELCA 2635 Northgate Dr. Iowa City, IA 52240 Darlene M. McNulty et al. 2717 Northgate Dr. Iowa City, IA 52240 -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: -sY 20 — Signature(s) of Applicant(s) /rw/ Date: A�h ppdadminlappboasepckt.pdf Signature(s) of Property Owner(s) if Different than Applicant(s) O r+a Cam) Cm> 74 `1 CO ` O 20 Proposed Small Animal Clinic .ot 21 Highlander Development, Second Addition 2501 North Dodge Street Iowa City, Iowa 52.240 Parking will be con5tructec for users as Iowa City Code requires 14-k unn scar area used as o en N e Ij r ---I I space. Maximum parking available- 0 '75 5poces/15,000 9f = I spoce/200 sf. = (7) 00 .dsed lk: oo 1 e, f A 14, Z OS 1:7Z i� C 2C',87082c01 d Z a' rr' V:Vt Area` O f loors 5000 per Aor go tic - "'A 58 14 r-sz- STAFF REPORT To: Board of Adjustment Item: VAR04-00001, 622 S. Johnson Street GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: Prepared by: Robert Miklo Date: April 14, 2004 John Roffman 1314 Burry Drive Iowa City, IA 52240 Tel. (319) 631-1808 Variance from the permitted number of roomers (Section 14-6D-10 B.1.) To allow or 6 unrelated persons to occupy an existing dwelling. 622 S. Johnson Street. 0.32 acres Residential, RM-44 North: residential, RM-44 South: residential, RM-44 East: residential, RM-44 West: residential, RM-44 Section 14-6D-10 B.1. Permitted uses in the RM-44 zone; 14-6W-2C, review standards for the granting of variances March 18, 2004 The applicant requests a variance to allow an existing dwelling unit to be occupied by total of 6 unrelated persons. The buildings at 620 and 622 S. Johnson were built in 1964. The building at 622 was built with 6 rooms in addition to a kitchen, bathrooms and living room. According to the applicant it has been rented as a 6-bedroom apartment for a number of years. At the time 622 S. Johnson Street was built it was zoned Multi -Family Residential, R3A. The R3A zone allowed a dwelling unit to be occupied by a family (which may include two unrelated persons) and a maximum of 3 roomers for a maximum of 5 unrelated persons. The zoning ordinance never legally allowed more than 5 unrelated occupants at 622 S. Johnson Street. The issue of over occupancy of this property has come to light because of a recent directive of the City Council to improve enforcement of City ordinances. City Council has passed an 2 ordinance requiring an Informational Disclosure and Acknowledgement Form for each rental property and directed the Housing and Inspection Service Department to establish the maximum permitted occupancy for rental units based on building, zoning and housing codes. In this case the Inspector has determined that the maximum occupancy of 622 S. Johnson Street is 5 unrelated occupants. The applicant is seeking a variance to allow a 6th roomer. 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 variance to allow a 6th roomer only if the requested relief is found to meet all of the tests for variances as set forth in Section 14-6W-2C. The burden of proof in these tests rests with the applicant. No variance to the strict application of any provision of the Zoning Chapter may be legally granted by the Board unless the applicant demonstrates that all of the following elements are present: 1. Not contrary to the Public Interest: a. The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. Staff finds that the application does not meet this test. The maximum occupancy is in place to guard against overcrowding, and strain on public and private utilities and facilities necessary to serve a residential neighborhood. The applicant's property is located in one of the densest parts of the city. It is an area where a shortage of both on and off street parking is evident. Granting the applicant special privileges not enjoyed by his neighbors will add to the crowded conditions in this neighborhood and may result in other landowners seeking similar variances to increase the number of occupants on their properties. b. The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. Staff finds that the application does not meet this test. The City Council as early as 1962 determined that no more than 5 unrelated persons should occupy a dwelling unit in the R3A zone, as well as in other zoning districts throughout the city. Such occupancy maximums are a necessary and reasonable means of controlling population density. For a number of years the Comprehensive Plan and zoning map have designated this property and surrounding properties in this neighborhood as being appropriate for nearly the highest density allowed in the city. Given the high density already permitted in the RM-44 zone it would be inappropriate to grant a variance to allow even a higher density for the property at 622 S. Johnson Street. Granting a variance in this situation would be contrary to the intent of the Zoning Code and would be contrary to the objectives of the Comprehensive Plan. 2. Unnecessary Hardship: The test for unnecessary hardship consists of three prongs, each which must be proven by the applicant for the Board to legally grant a variance: a. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. Staff finds that the 3 application does not meet this test. The applicant has submitted no financial records that prove that application of the zoning ordinance would result in this property not being able to yield a reasonable return. In fact the owners of this property may have enjoyed more rental income than they have been entitled to, as they have been illegally renting to a 6th roomer for a number of years. The value of the property should be based on the maximum legal occupancy and not an illegal use of the property. The applicant has the legal ability to rent to 5 roomers. The room that has been illegally rented to a 6th roomer may be used for a number of other uses, such as a study, storage, family room or other common space that would be available to the 5 tenants of the apartment. Therefore this dwelling may have more rental value than a typical 5-bedroom apartment. Even if the applicant was able to show that the application of the zoning law to his property resulted in a diminishment of value (as noted he has not submitted any such documentation), Iowa courts have found that in order to justify a variance, it must be proven that the strict application of the zoning law practically destroys the value of the property. The ordinance must operate so as to be in effect confiscatory. Mere diminishment of profit is not sufficient to satisfy the test of inability to yield a reasonable return necessary to legally allow the Board to grant a variance (Deardof v. Board of Adjustment of the Planning and Zoning Commission, 118 N.W. 2nd 78 (Iowa 1962). b. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. Staff finds that the application does not meet this test. The owner's situation is not unique or peculiar. There are properties throughout this neighborhood, in other RM-44 zones, and throughout the city that have physical space and rooms that could be occupied by roomers, which would be in excess of the number permitted by the zoning ordinance. The City Council made an explicit decision in 1962 to limit the unrelated occupants permitted in a dwelling unit to 5. This Council decision was reaffirmed in 1976 and again in 1983 when major amendments to the zoning ordinance were adopted. These density limitations apply to properties through out the city and do not constitute a unique or peculiar burden to the owner of 622 S. Johnson Street. Granting a variance to allow an additional occupant for this property would convey a special privilege to the applicant that would not be afforded other property owners who are in similar situations. There is nothing special about the physical characteristics of the property that warrants special privileges to this property that other rental properties in this neighborhood do not enjoy. If it is desirable to allow 6 unrelated occupants in this dwelling unit and other similar dwelling units, then the correct course of action would be to amend the zoning ordinance to allow dwellings in the RM-44 zone to be occupied by a family and 4 roomers (six unrelated persons). This would be a legislative decision for the City Council. c. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title. Staff finds that the application does not meet this test. At the time this property was built the zoning ordinance permitted onl� 5 unrelated occupants. The predecessor in title, who built the apartment, included a 6 h room that has been used illegally for a number of years as a bedroom for a 6th occupant. As noted above this room could be used legally for a common room for use of 5 unrelated occupants of this apartment. Although the applicant himself may have not created the situation of the "extra" room, a predecessor in title clearly did. At the time the building was built and at the time that the current owner purchased the property, the law only allowed a maximum of 5 unrelated occupants. 4 Because the application does not met any of the tests necessary for the granting of a variance, the Board cannot legally approve this application for a variance. STAFF RECOMMENDATION: Staff recommends that VAR04-00001, an application submitted by John Roffman for a variance from the zoning ordinance to allow 4 roomers (a total of 6 unrelated occupants) in a High - Density (RM-44) zone at 622 S. Johnson Street be denied. ATTACHMENTS: 1. Application 2. Memo regarding Board Consideration of Variances Approved by: Karin Franklin Department o and Community Development APPEAL TO THE BOARD OF ADJUSTMENT,,`, VARIANCE' �' �'�� Title 14, Chapter 6, Article W DATE: 3 / 142) 1 Zc)o± _ PROPERTY PARCEL NO. 1 131 u APPEAL PROPERTY ADDRESS: 6 z 2 APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: 3 Z ac res APPLICANT: Name: J�N �0r—VWAtJ Address:1'6A BURR UIZ, Phone: 3iq-b3i-1B043 va- 36-4i0k-36:20 So�}n1p�rJ r CONTACT PERSON: Name: ri Address: Phone: 31c1- lo3H R'08 PROPERTY OWNER: Name: Address: g094z-y t yb Phone: orc. Specific requested variance; applicable section(s) of the Zoning Chapter: d6d'p &0 411a (3) Reason for variance request. -To Inc cease -thc rttitn b-w of-tnccv�ts a lluwro� fvz,w, L5 4—o b ✓s ova Date of previous application or appeal filed, if any: -- -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: 2, A LO+- S E; IOdL B. "Plot plan drawn to scale showing: 1. Lot with dimensions; O 2. North point and scale; > - 71 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Land uses on and property owners of abutting lots; and =+C :� CO (Tl r 6. Parking spaces and trees - existing and proposed. [`Submission of an 8" x 11 "bold print plot plan is preferred.] rn C. List of property owners within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS L.GWreyice, WCDAS (006 S, J�lti�s�h S-t' M is i o"C 1 "rj - </I l i V1 t100`1 S • Tar s St . 33S �artne�S lvo9 S, 36 St , "�qe� Ptnd e✓"Suy� (o Io S 3o4.K sati, S�f-'. T+I� Scv�e IliV1 toll S. �olw�sah Sf. J(kws-A(bz-rk(AS.(4 ID3 LIrL Unive.,rs±1yityV FW+VWA•S Solar F eMDvJ / la" Ro{fvvuu't- p�cd t w Co�t,iuci' tiald.rr APPLICANT'S JUSTIFICATION: (D 4 s 7oko r-c,, St , 02 l0 5i7 5 �olti� S csy� S 1 . 103ia S. 70lnvlsc2.. St' Section 14-6W-2C of the Iowa City Zoning Chapter gives the Board of Adjustment power to authorize upon appeal in specific cases such variances from the terms of the Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Chapter will result in unnecessary hardship and so the spirit of the ordinance shall be observed and substantial justice done. No variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: (emphasis added) -3- (Please respond specifically to each of the following, explaining your answers.) Not contrary to the public interest. a. Explain why the proposed variance will not threaten neighborhood integrity, or have a substantially adverse effect on the use or value of other properties in the area adjacent to the property included In the variance. dh�Weh 40f- � eL/ - d 2 c<sr cin r � [ve- 10T �a /2.P PYtS�l )Q C1�P5�==2��YQo'�F-r�-rP_ /n4ln�T 8� c�[fn mulf,/�/e sHt les shorn�q the Qp4rl�)Zer,r�. b. Explain why the proposed variance wiAe in harmony with the general purpose and intent of the Zoning Chapter, and not contravene the objectives of the Comprehensive Plan. r� -/ c�r�e f y _ he �r� b��roorn C?fYDrTGne��i 6ui/dinjUesflnis crl`i`Qehed�'o s,©%f a d ;, un ['l,Jl� d ble tee- Ii3 ccnlfs, /ike al/ 7che .Sacne bucldin9�_ /f fhe f/oor plae� Qllo[uPe! [lS -''0 add _ ). -Arfanarlely Yhere cs E-,o [vaY fo 00c7ess �l�P „", h e`�6m Cc,elLwut oti fhra / i e l S z ,6 eal roa G' aJ �8 untl �Gl e lnucnbei^ o �ofal a�eu pQn�S a cl<` Y C aIr- 2. Unnecessary hardship. a. Explain why the property in question cannot yield a reasonable re6m if uW only for a purpose allowed in the zone where the property is locate'ttJd. [q L L del. r,.....,1,,.__,..i —[k f�^ li 1(Qq.n /7 T/t/1T /71D // W Ih* t@. ystsni C-IM*K' %IS -lar as, -1- Liu UP M1'► t0'1P I+ has aJLuoI been rented � v ix PeoP I-e.. : b. Explain how the Owner's situation is unique or peculiar to the property in question, and the situation not shared with other landowners in the area or due to general conditions in the neighborhood. S 2, /r hpr/I to t)l In -4- c. Explain how the hardship is not of the landowner's or applicant's own making or that of a predecessor in title. f- i-_Ctrr rn c e , L". c_ � - ,�� . V-�eJJOW ( CUrrav-�4 oon`%r%j �noer) AAA % ore kern NOTE: Conditions. In permitting a variance, 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-2C3, 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: ,3 — l ;;, 14a� Date: ppdadminlapboavar.doc F/A . •.. • Signature(s) of Property Ow if Different than Applicant(s) I ooee000 00000 o 0 I A 6 a , � J f { NNM / ��7 a 0 1S:= 0 o Ffl xq N .�... 0 VAA I �- I p ' M � U V14AOI 1 INEW*CONSTRUCTION/PLOTPLAN I 9 John Roffnon Const. Inc. TA MT 4,Jp me mwms Im OTY xm 0 NORTH SHEEP NAME NEW CONSIRUCi. OK.'Krltdi M31 SHEET 3 Of 3 ByJ" ROFF" clry of Iowa City MEMORANDUM Date: October 2, 1996 To: Board of Adjustment From: Melody Rockwell, Associate Planner Re: Board Consideration of Variances When the Board of Adjustment considers a variance application, special scrutiny and caution are required. The following excerpts from "Powers of the Board," Zoning Board Manual, by Frederick H. Bair, Jr. provides useful guidance. (emphasis added) To authorize upon appeal such variance from terms of the ordinance as will not be contrary. to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the Board of Adjustment must find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building Involved and which are not applicable to other lands, structures, or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the ordinance will deprive the applicant of rights commonly enjoyed by other properties In the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; 6. That the granting of the variance will be in harmony with general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. P� The Board of Adjustment may prescribe a reasonable time limit within which the required action for the variance shall be begun or completed or both. zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Corollary Guidelines A variance is not the appropriate remedy for a general condition. Self-inflicted hardship is not grounds for a variance. Personal hardship is not grounds for a variance. The hardship must relate to the physical character of the property. Economic hardship In itself is not grounds for a variance. It may be considered as an element, but there must be other compelling considerations. The Board must be satisfied upon hearing the evidence of the case that the granting of such a variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the application. The variance shall not adversely affect adjacent property or the character of the district. Applicants are not to receive special privileges denied generally in the district, and the applicants must be denied rights enjoyed by others before the variance may be granted. Jw/memosNaAance Page 2 of 4 448 N.W.2d 696 (Cite as: 448 N.W.2d 696) C Court of Appeals of Iowa. CITY OF DES MOINES, Iowa, Appellee, V. BOARD OF ADJUSTMENT OF the CITY OF DES MOINES, Iowa, Respondent, and Sam's Riverside Auto Parts, Inc., Appellant. No. 88-1725. Oct. 5, 1989. After property owner was granted a use variance by city .board of adjustment to operate property as an auto salvage yard, city filed petition for certiorari alleging that board's action was illegal because owner failed to make required showings under ordinance and applicable statute. Property owner intervened. The District Court, Polk County, Jerrold Jordan, J., sustained city's petition, and property owner appealed. The Court of Appeals, Hayden, J., held that property owner failed to sustain its burden of showing that property could not yield a reasonable return if used only for a purpose allowed in light industrial zone. Affirmed. West Headnotes [1] Zoning and Planning C;::"536 414k536 Most Cited Cases Applicant for . a zoning variance has burden of showing all of the following to establish unnecessary hardship: land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; plight of owner is due to unique circumstances and not to general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance itself; and the use to be authorized by the variance will not alter the essential character of the locality. [2] Zoning and Planning �498 Page 1 414k498 Most Cited Cases Legal standard for grant of a variance on ground of unnecessary hardship is not that more profit could be made if a variance is granted; the standard is a reasonable return could not be garnered from any permitted use. [3] Zoning and Planning �'540 414k540 Most Cited Cases Applicant for use variance to operate the property as an automobile salvage yard failed to sustain its burden of showing that property could not yield a reasonable return if used only for a purpose allowed in light industrial zone; although expert witness testified that a salvage yard was the highest and best use for the particular property, a reasonable return is not shown by proving a greater profit can be made if a variance is granted. *697 Louis Hockenberg and Kerry K. Anderson, of Wasker, Sullivan & Ward, Des Moines, for appellant. Craig F. Graziano and F. Richard Lyford, of Dickinson, Throckmorton, Parker, Mannheimer & Raife, P.C., Des Moines, for appellee. James E. Nervig, Asst. City Atty., Des Moines, for respondent. Considered by DONIELSON, P.J., and SCHLEGEL and HAYDEN, JJ. HAYDEN, Judge. Sam's Riverside Auto Parts, Inc., was granted a use variance by the Board of Adjustment (Board) of the City of Des Moines (City). The City filed a petition for writ of certiorari to the district court, which sustained the writ and entered judgment in favor of the City. Sam's now appeals from that judgment. Appellant claims the district court erred in ruling: 1) Sam's failed to show the property could not yield a reasonable return if used for a Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055800000007450003300181 BBO.... 4/9/04 Page 3 of 4 448 N.W.2d 696 (Cite as: 448 N.W.2d 696) purpose permitted in an M-1 zone; 2) Sam's failed to show its plight was due to unique circumstances and not general conditions in the neighborhood; and 3) the Board's action was not supported by findings sufficient to determine the basis upon which the board acted. We affirm. Sam's Riverside Auto Parts, Inc., ("Sam's"), owns property in Vandalia Acres, in the extreme southeastern part of Des Moines. This property is in an area zoned M-1--light industrial uses. M-1 is the second least restrictive zoning; M-2 is heavy industrial. Sam's is seeking a variance to use the property as a salvage yard, which is only permitted in M-2 zones after a conditional use permit is granted by the Board of Adjustment after a public hearing. This M-1 zone covers about six city blocks in the southeastern part of the city. The zone is platted into rectangular lots slightly less than an acre. The area surrounding the zone is zoned M-2. Within the M-1 zone, there are a few existing salvage yards which were grandfathered in when the area was rezoned in 1958 from M-2 to M-1. Sam's request for the variance was based on the argument the best use of the property was auto storage and wreckage and had previously been used that way. Sam's maintained that adjoining properties Were used for the same purpose and therefore, the character of the neighborhood would not be affected by the variance. The Board of Adjustment agreed, finding the variance was in harmony with the intended spirit and purpose of the zoning ordinance because of similar usage. The City of Des Moines filed a petition for writ of certiorari in the district court alleging the Board's action was illegal and improper because the decision was not supported by fact and the applicant failed to make the required showings under the City's ordinance and applicable provisions of Chapter 414 of the Code of Iowa. Sam's intervened. The court denied the City's motion for adjudication of law points which sought to limit the evidence received by the court to only a transcript of the proceedings before the Board and explanatory evidence related to matters in the writ. Instead, the court permitted the introduction of any additional evidence necessary to assist the court in determining the reasonableness and legality of the Board's action. Page 2 The court concluded the variance was illegal because Sam's failed to make the required showing of the three elements essential to establish unnecessary hardship, *698 either before the Board of Adjustment or the court. The district court determined the Board's action was also illegal because its one- sentence finding simply rephrased the third essential element of unnecessary hardship without explanation. The district court held these findings were not sufficient to enable a reviewing court to determine with reasonable certainty the factual basis and legal principles upon which the Board acted. Sam's now appeals. The principles of judicial review in a zoning case were set forth in Weldon v. Zoning Bd. of City of Des Moines, 250 N.W.2d 396, 401 (Iowa 1977): [I]n a certiorari proceeding in a zoning case the district court finds the facts anew on the record made in the certiorari proceeding. That record will include the return to the writ and any additional evidence which may have been offered by the parties. However, the district court is not free to decide the case anew. Illegality of the challenged board action is established by reason of the court's findings of fact if they do not provide substantial support for the board decision. If the district court's findings of fact leave the reasonableness of the board's action open to a fair difference of opinion, the court may not substitute its decision for that of the board. This courts scope of review on appeal from the trial courfs judgment on a writ of certiorari is governed by Iowa Rule of Civil Procedure 318. Garman v. Ames Zoning Bd. of Adjustment 436 N.W.2d 651, 653 (Iowa App.1988). We review the record to determine whether the trial court applied the correct legal standards and whether its decision is supported by substantial evidence. Id. Iowa Code section 414.12(3) authorizes the Board of Adjustment to grant a variance if a literal enforcement of the ordinance will result in unnecessary hardship. [I] An applicant for a zoning variance has the burden of showing all of the following to establish unnecessary hardship: (1) [T]he land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) [T]he plight of the owner is due to unique Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055800000007450003300181 BBO.... 4/9/04 r Page 4 of 4 448 N.W.2d 696 (Cite as: 448 N.W.2d 696) circumstances and not to the general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance itself; and (3) [T]he use to be authorized by the variance will not alter the essential character of the locality. Greenawalt v. Zoning Bd. of Adjustment, 345 N.W.2d 537, 542 (Iowa 1984); Graziano v. Bd. of Adjustment, 323 N.W.2d 233, 235-36 (Iowa 1982). A failure to show any one of the elements requires the Board to deny the application. Greenawalt v. Zoning Bd. ofAdjustment, 345 N.W.2d at 542. The appellant raises as error the district court's conclusion Sam's failed to show the property could not yield a reasonable return if used for a purpose permitted in an M-1 zone. While conceding a reasonable return is possible if an M-1 user were to locate on the property, Sam's argues this reasonable return is only theoretical because M-1 users do not find the area desirable and would not choose to locate there. [2] The M-1 classification is the second least restrictive zoning classification which includes all but a few uses only permitted in M-2 areas, such as salvage yards. The legal standard is not that more profit could be made if a variance is granted. The standard is a reasonable return could not be garnered from any permitted use. Greenawalt v. Zoning Bd. of Adjustment, 345 N.W.2d at 542; Graziano v. Bd. of Adjustment, 323 N.W.2d at 237 (emphasis added). [3] The trial court found there are a number of M-1 businesses of long duration in the area, both within the M-1 and M-2 zones. Although appellant introduced evidence before the trial court about unsuccessful attempts to rent the property, the trial court correctly found the testimony to be vague and unspecific. Appellant's only expert witness testified a salvage yard was the highest and best use for this particular property. He defined a reasonable rate of return as the highest rate of return you could receive on *699 a particular piece of property. He concluded a salvage yard would yield the most reasonable rate of return. A reasonable return is not shown by proving a greater profit can be made if the variance is granted. Page 3 Appellant has applied the wrong standard. The trial court correctly concluded Sam's failed to sustain its burden to show the first essential element of unnecessary hardship. A variance granted without the requisite showing of all three elements of unnecessary hardship is an illegal act. Graziano v. Bd. of Adjustment, 323 N.W.2d at 237. The variance is illegal. We have considered the other arguments advanced by appellant and have determined none would change the conclusion we have reached. The City of Des Moines urges this court to modify the scope of judicial review applied in municipal zoning cases to the traditional limited review of agency action in a contested case. We respectfully decline to accept the City's suggestion we restrict the scope of review for appeals of zoning decisions. AFFIRMED. 448 N.W.2d 696 END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=A0055 800000007450003300181 BBO.... 4/9/04 STAFF REPORT To: Board of Adjustment Item: EXC04-00004, 2040 Keokuk Street 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: Jessica Hlubek Date: April 14, 2004 The Church in Iowa City 1014 Sunset Street Iowa City, IA 52246 Duane Brenneman 3138 3051h Street Parnell, IA 52325 Phone: 319-430-6410 Approval of a special exception to allow a religious institution in the Commercial Office (CO-1) Zone. Location of The Church in Iowa City 2040 Keokuk Street Property size: 19,795 square feet Vacant Commercial Office; CO-1 North: Commercial Office; CO-1 South: Commercial Office; CO-1 East: Commercial; CC-2 West: Residential; RM-12 14-6E-1 D, Permitting a religious institution in the CO-1 zone; 14-6W-2B, Special Exception Review Requirements March 16, 2004 The applicant is requesting a special exception to allow a religious institution, "The Church in Iowa City," at 2040 Keokuk Street. In 2003, the applicant requested an amendment to the requirements for religious institutions in the Commercial Office (CO-1) zone. The Zoning Ordinance has since been amended by the City Council to allow religious institutions by special exception in the CO-1 Zone. 2 ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, and 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 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. General Standards: 14-6W-213, Special Exception Review Requirements The applicant's statements regarding each of the seven general standards are included within the attached application. Staff comments on these standards are set forth below, and correspond to the standards as lettered in subsection 14-6W-2B of the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; 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; and 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 the property is located. The property under consideration is bordered by other commercial properties to the north, east, and south. Keokuk Street borders the property on the west, and a multi -family development exists on the other side of Keokuk Street. The applicant states that there are no plans to alter the existing building. In staff's opinion a church in this location will not vary significantly from previous uses of the property and will not alter the existing character of the neighborhood. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. One driveway from Keokuk Street provides adequate access to the parking area. All other utilities, drainage, and facilities are already in place. e. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As noted, there is only one driveway access to the property from Keokuk Street. Keokuk Street is a four -lane arterial and provides adequate ingress and egress to the property. The religious institution's primary operating hours will differ from those of surrounding businesses, and therefore will generate traffic during different times of the day than surrounding commercial properties. 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 existing property conforms to the applicable regulations and standards of the CO-1 zone. 3 g. The proposed use will be consistent with the Comprehensive Plan of the City. The Comprehensive Plan identifies this commercial area as a transition between surrounding commercial uses and adjacent multi -family housing. The proposed religious institution will have character similar to that of existing commercial properties in the area. STAFF RECOMMENDATION: Staff recommends that EXC04-00004, an application for a special exception to allow a religious institution in the Commercial Office zone at 2040 Keokuk Street, be approved. ATTACHMENTS: 1. Location map 2. Applicant letter Approved by: 4//O* Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IOWA CITY 9 Y Y O W Y SOUTHGATE AVE RFBH IRONWOOD CIRCLE SANDUSKY DR IRONWOOD CIRCLE SITE LOCATION: 2040 Keokuk Street CC2 We EXC04-00004 APPEAL TO THE F xc u4 - 60ioo4 BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: 3-15-Q � PROPERTY PARCEL NO. 16 01 -011 APPEAL PROPERTY ADDRESS: w go Kent U I< a APPEAL PROPERTY ZONE: CD - � APPEAL PROPERTY LOT SIZE: 19795.2a3%5(+, APPLICANT: Name: he C'h tArGh ) YL ID Address: ) O `i SooSc-f Rf r Phone: 319- rn CONTACT PERSON: Name•�(IQV)� -Br, ooelMQo Address:1� (-V)e (I JfA Phone: 3f9-436 -6116 PROPERTY OWNER:Name: I G)e Churci) in Lj )ri Li f L Address: 1014 3 r)se 9 .saa �(C Phone: 319 - 16 1-105'f Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: � Gfrt�n 1`t-n-�1"1� TkeliGfoos-�osiifah 0n in flee Purpose for special exception: Date of previous application or appeal filed, if any: l Aro-c h me h--'* -to PABe a secf;on G The church in Iowa City has considered quite often the feasibility of purchasing a property that would meet the cities requirements as well as our need. We have been looking diligently for a property for over a year and a half and this one (2040keokuk) is the only one we have found to be a near perfect match for our needs without needing a lot of remodeling and continual repair. This property really meets our needs very well with plenty of parking off the street as well as being handicap accessible and having a very good building arrangement. Our plans are simply to use the property for church meetings on Sunday mornings as well as some evenings during the week. We will use the Iarger room for the adult meetings and the smaller classrooms to care for the children during those meetings. Also there are no other churches on the south side of hwy 6. We see this as an opportunity to have a positive influence on a problem area of the city. We look forward to the challenge of having a positive impact on this area. We see no reason that we should have any negative impact on the city plan or on the neighbors well being or enjoyment. The whole property both inside and out is a near perfect fit for us at this time with plenty of room for growth. Since our traffic in large part will be after hours compared to the neighbors this should be positive for them, the surrounding neighborhood and city traffic planning. Thank you very much for your further consideration. r C 0 y � 4 -2- — INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: Loi /i -8Lk I Rr-nvormon 1— �bhnson Cc Mufacd rns QSsr)-,�o,7o B. *Plot plan Orawp to scale showing:T)�In1e I ZE-/-J`unl ne 0). yeo-c er-a a t� {lento �rrsf Zn - b'[7 �eplperwgod lance-Adul f d eare 1 Lot with dimensions; 5'oa+hyat(5 BP. PMper-tie-5 L-LC—F"Po Cro--6pOLCK 2. North point and scale; kSA�nues+mer)is [�mited moo[ Keokuk 54- � 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. O y� See. a aoked i acie� � c� 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. �" ear •r •`-0 i 1- I111 �. Ii FE -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. f vaWe, 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. b a f-hn-L vx r ak) L� i { .n- m-L --Doom 4In -, Rd 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. i'25 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. rn `D Ln -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.] M 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. I_ - gpii / i I • ff�� 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 Se-e a f C1C'h ed I i5+ CtM I aels ADDRESS �a N6 —, �n w -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. Date: It 2b&IdA , 20_4 4 LjU4gl s Signature(s) of Applicant(s) i Date: // , 20-L-14 IF ::-z ppdadminlappboase.doc Signature(s) of Property Owner(s) if Different than Applicant(s) W D c-n 00 STAFF REPORT To: Board of Adjustment Item: EXC04-00006, 735 Westgate Street GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: Prepared by: Shelley McCafferty Date: April 14, 2004 Valerie M. Russell 735 Westgate Street Iowa City, IA (319) 339-0800 Approval of a special exception to allow a childcare center in an RS-5 zone. To allow the conversion of a childcare home to a childcare center. 735 Westgate Street 35 acres Low Density Single Family Residential, RS-5; Childcare home use North: Residential, RS-8 South: Residential, RS-5 East: Residential, RM-12 West: Residential, RS-5 14-6L-1 D Provisional Uses, Special Exceptions and Temporary Uses; Childcare Centers 14-6W-2 Boards of Adjustment Powers and Procedures 18 March 2004 The applicant, Valerie Russell, is requesting a special exception to allow the establishment of a childcare center in a Low -Density Single Family Residential, RS-5, zone. Single-family residential homes are located directly north, west and south of 735 Westgate Street. East of this property are multifamily apartment buildings and a church is located to the northeast. Ms. Russell currently operates a childcare home from 735 Westgate Street. A childcare home is a home -based facility that provides daycare for a maximum of 16 children in a residence. A childcare center is a nonresidential daycare facility for 12 or more children. The maximum number of children for daycare centers depends on the size of the facility. The applicant is anticipating caring for a 2 maximum of 65 children at any given time, but does not expect to be at this capacity for a few years. Because the property under consideration is located in a residential zone, a childcare center has the potential to negatively impact surrounding residential properties due to increased traffic and noise. A special exception is required to ensure that the center is not contrary to the public interest. As detailed below, staff does not believe that the Board can approve this application at this time due to a lack of information regarding required off-street parking. The applicant has been out of the city and unavailable to discuss the parking requirements. ANALYSIS: The purpose of the Zoning Chapter 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 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 Standard: 14-61IL-11), Childcare Centers Subsection 14-6L-1 D of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment to allow the use of a property for a childcare center provided the following standards are met: The center shall provide a fenced outdoor play area of not less than 100 square feet per child using the area at any given time. There is currently a fenced outdoor play area of approximately 5,330 square feet, which would allow for up to 53 children to use this play area at any given time. 2. No playground equipment shall be permitted in the front and side yards. All playground equipment is located within the fenced play area in the rear yard. 3. Fenced play areas shall be enclosed or protected, well drained, free from hazards, and readily accessible to the center. The fenced play area is located in the rear yard directly adjacent to house, therefore it is readily accessible to the center. The yard is enclosed with a 4-foot high chain link fence and is free from hazards. The yard slopes gently towards the west and therefore is well -drained. 4. The center must contain at least 35 square feet of accessible, usable interior floor space per child, excluding kitchens, bathrooms and halls. The childcare center will have 2,275 square feet of usable interior space, excluding kitchens, bathroom and halls. This would allow for the care of up to 65 children at any given time. 5. The drop-off/pick-up area for the center shall be designed to allow for sufficient stacking spaces located in proximity to the center's entrance. The separation of pedestrian access and vehicular traffic is encouraged to minimize the extent to which children are required to walk across drives or roads to gain access to the 3 child care center. One-way drives are also encouraged. The applicant is proposing to change the use of this property from residential to institutional. In R zones, no parking is allowed in the front yard. This means that the two existing parking spaces located behind the garage may not be used for parking. Furthermore, for a childcare center, 6 off-street parking spaces per child are required in addition to 20 stacking spaces per child. At this time, it appears that the site will not be able to accommodate the required parking needs. For the established childcare home, parents have been primarily using the off- street parking for pick-up and delivery of their children. 6. The center's operation and maintenance shall meet all applicable State requirements. This facility must be licensed to operate and in order to be licensed, all State requirements must be met. The State is still in the process of examining the childcare center application. General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the general standards are included within the attached application. Staff comments regarding the special exception application were covered above. Appropriate specific comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. A childcare home has been in operation for three years at this address and has not been detrimental to public health, safety, comfort or welfare. Conversion of this facility to a childcare center could potentially increase the number of children by nearly 400 percent, which staff feels is a significant increase in the intensity of use of this property. At this time, there is not sufficient information about off- street parking to determine if this increase in the intensity of use would be detrimental. 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. The current childcare home is located in the Low - Density Single Family (RS-5) zone. The noise generated by a childcare center has the potential to negatively impact the adjacent six properties that have rear yards abutting the area where the outdoor play area is located. Any negative impacts of the childcare facility appear to be mitigated in part by the large rear yards of these properties and the separation of three of these properties from the play area by the Willow Creek stream corridor. To date there have been no complaints from neighbors regarding the existing childcare home. Moreover, because the proposed center operates only during working hours, it is less likely to be detrimental to the enjoyment of adjacent properties. However the application does not indicate how required off-street parking will be provided. c. Establishment of the specific 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 adjacent properties have already been developed, therefore this special exception will not be contrary to this standard. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Westgate Street is a collector street that is terminated by two arterials; Melrose Avenue to the north and Benton Street to the south. This provides good vehicular access to the proposed childcare center. This property was developed relatively recently (2000) and therefore has adequate utilities and services. As noted, the application 4 does not demonstrate how necessary parking spaces will be provided. e. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As stated in paragraph five of the General Standards, the adequate off-street parking for a childcare center is not currently provided. Additional information from the applicant is necessary to determine if this special exception can comply with this standard. Except for the specific regulations and standards applicable to the exception being considered, the specific exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Construction of this house was completed in 2000 and conforms with applicable regulations and standards of the RS-5 zone. The applicant will need to verify with Housing and Inspection Services that the building meets all code requirements for a childcare center. Compliance with off street parking requirements will need to be demonstrated. g. The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The childcare facility provides an essential service to the neighborhood. Conversion of the childcare home to a childcare center will allow the applicant to care for additional children, including an after -school program for children from Weber and Horn elementary schools. The Comprehensive Plan supports coordinated efforts to provide safe and reliable childcare. This proposal is not contrary to any land use goals and objectives of the Comprehensive Plan or Southwest District Plan. Given the center's location on a collector street with adjacent multifamily residential uses, staff does not feel that the childcare center use is incompatible with the neighborhood provided that adequate off street parking space are provided. STAFF RECOMMENDATION: Staff recommends that EXC04-00006 an application for a special exception to allow the establishment of a childcare center at 735 Westgate Street be deferred until additional information regarding off-street parking is provided. ATTACHMENTS: 1. Location map 2. Applicantion Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: A0 PROPERTY PARCEL NO. 10171550,3Y APPEAL PROPERTY ADDRESS: / 3._S /61� 5-7'c%o ( E APPEAL PROPERTY ZONE:. APPEAL PROPERTY LOT SIZE: + 35 ,of a n ac re. APPLICANT: Name: �'clk E 1 0 M . rl u53 0 (' Address:. 35 we'LSiQ a' & �f're e-f Phone:(( �� �-3L3 22 6 270n CONTACT PERSON: Name: /a le r 127u c5e l( O Address: r ��1LC}SC�4P. Phone:/�� PROPERTY OWNER:Name: 1112 l r[ 41. &l( Address: z'11L-S i0 - t f • s: • Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: sA,V.ZWM._ rJV= Purpose for special Date of previous application or appeal filed, if any: 13Jz-3- / 997 Cen e r -2- INFORMATION TO BE PROVIDED BY APPLICANT: 1 A. Legal description of property: �h7 '/� /� 34!� i6 cle5r'ri bed a,514a di' �nr,3 Dar e( me). /_/ a(Cldl'-�1 or7 laf 6ai,k B. "Plot plan drawn to scale showing: y� P v a �% e Z g 1. Lot with dimensions; ra 2. North point and scale; 3. Existing and proposed structures with distances from property�F'h 4; —n 4. Abutting streets and alleys; -71 5. Surrounding land uses, including the location and record o of each property opposite or abutting the property in question; . 0 6. Parking spaces and trees - existing and proposed. F 7� w [*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. (Sg ction 14-6W-261, City Code). ,4 chllal care confer �s car,5176red eon-71oa hle" in the s zone, 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. C-�f on'm Berrl-� n /nL° c5 �S CCi/Qc ` � e is a5 �CCe,ss elro�sc AvQt6 -r�-c, the Y1�rfh art d7ln �n �Stre.ef -7 fh��5�u-i`h, D. he applicant is required to present specific In ormation, not just opmiot'is, 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. T /7ay 0WnPalarlC/P)yera-6edrrlvC�<1 --- Care bu5jne.55 here-, or fh/e PQ�3 yeQr'5 mt!2n i/ D U /7Elrah ,be-orS ( a 1GtY711/'ec5) %aV/- , bro6�JAt- 7 4hir ch`` jrer� �o �y business for and afh er n el' hors be (f e r/� Z �rov<'ale �e l/alrrad /e �se ri/i c a co a z` '12, r go « Qry CorYIn"?ar1cato �,v1fh, my c5ur-roao e17 ale help one ana-7%er, Yje, do no-7� 600(an,�er cz�yvne jE tc. -3- Yo it) e Ve N 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not n substantially diminish and Impair property values in the neighborhood. /Y1k/ fln/ILSP_1-nr MV bUSIn2-s�5 is onIV JV2- and orderly development and improvement of the surroundi uses permitted in the zone In which such property is located. Cla Cat'1-f Co 7'�5 4-o Adequate utilities, access i been or are being provided. nage and/or necessary facilities ve 5 a Fhe.te ua i l l hod Adequate Ineasures have been or will be taken to prov4de ingresslor egress designed so as to minimize traffic congestion on public streets. pep I 101 ROME i 40 i'n /'r►yr©erfy, aCro5Ls -1Ae- r6�-,4 of the Hof `Sc�/ -{�iis area arrc,� D er��5Face5 a�� ava` (a6(4 �or lre,r/*tf�54 l�are� �o any �ar&r��s a here -4 mor (�- #aft �" m/nuie�, 4170.57?e�rrer?r''s c-�ap- p�f' ��al�<Gi5'-�� 7he<r e%c'C01reh 1� ,Z 1"1kr MA-05* -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; Section 14-6Q, Dimensional Requirements, or Section 14-611, Tree Regulations, as appropriate.] Ye S. 7. The proposed use will be consistent with the short-range Comprehensive Plan of the City. Yes D2 ease ��e c ached -+v l,it a �' ThQr7yof1!. 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: P 16 & 5 e NAME a*Ch ed 6 Z ADDREssf 0 u' 0 --ter—� -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: 20a Signature(s) of Applicant(s) Date: , 20 Signature(s) of Property Owner(s) If Different than Applicant(s) ppdadminlappboase.doc a 71 +C co K. _ S F- F7 -0 i _ y N u c o � � / � FII ED � y D = j I ZorA KAR 18 Pii 3: q 2 NORTH CV CLER WESTGATE. AN� �I !owA CITY !owl TO IOWA CITY, IAODDITION �5 �< (A JOHNSON COUNTY, IOWA RECORDED GCS j� N im BOOK 48, PAGE 228 OD a AUDITORS PARCELL 99858 �lW--A( 735 WESTGATE STREET w SCALE= i= 20'-0 9-13-99 MVB �� l i �. 5- 3 a" ( I w Vale-PN4sse(� DWELLING w / , \ —� GARAGEo o DRIVE I LL 05' 3" c}` 0 \ 26 4— LLJ \z J S� 20'-0- WIDE SANITARY SEWER EASEMENT I I U I �o feet -tom.(( C' 5-0" SETBACK Sauo (� �i a,c1 Dk �lenni-F'ev Schedule for Arrival and Departure of children attending Early Learners' Enrichment and Child Care, in the future: (Please note that it is already legal, according to the city and state laws, for a registered group category C child care home, as mine is now, to have 14 children in attendance, at any one time. Therefore, it is legal now for all 14 children to arrive and depart all at the same time. However, that has never happened at my business because the parents naturally arrive and depart within about a fifteen minute time span themselves. The parents would most likely continue to do this, in the future, too. The following schedule is for the future. I only have a maximum of 14 children in attendance, at any one time, here, now. Also, this schedule would be at full capacity, which may never happen. Either I may not have this many children attending or some may be absent. Usually one or two children are absent each day, now.) 8 children arrive at 7:30 a.m. and depart at 5:00 p.m. 7 children 8:00 a.m. and depart at 5:15 p.m. 12 children " 8:15 a.m, and depart at 11:45 a.m. 14 children " 8:30 a.m. and depart at 12:00 noon 12 children 8:45 a.m. and depart at 12:15 p.m. 12 children " 9:00 a.m. and depart at 11:30 a.m. Afternoon group: 14 children arrive at 12:30 p.m. and depart at 3:30 p.m. 14 children arrive at 3:00 p.m. and depart at 4:45 or 5:30 p.m. The last 14 children would be elementary age children who need after -school care and supervision for only an hour or an hour and a half or so. Horn Elementary School and Weber Elementary Schools have long waiting lists at their after -school programs for children. Also, child care was identified as a "high" priority need in the City Steps plan for the City of Iowa City. Thank you for your consideration of my proposal to help provide services to more families and their children. Sincerely, Valerie Russell Owner/Teacher Early Learners' Enrichment and Child Care The people involved in the CITY STEPS plan, Michelle Hankes, the Director of the 4-C's (Community Coordinated Child Care), the directors of the Hom and Weber After -School Programs and Nancy Chown, one of the Site Supervisors of the HACAP Head Start Program all agree that child care is an important unmet"high" need among many families, especially for families with low income and even among families with moderate income. On page 100 of the CITY STEPS plan, it states, "According to 4Cs statistics, documented child care needs in the Johnson County area have increased dramatically. The unmet needs are strongly focused on ... before/after school care..." (as well as other types of child care) On page 116 of the CITY STEPS plan book, it states, "The lack of funding for decent, affordable childcare is a major problem that prevents many low-income people from making efforts at becoming self- sufficient It continues, "The key to solving this problem is financial resources. Public inve$tment in childcare is cost-effective when compared to the greater costs of job absenteeism, unemployment, and welfare dependence. The City of Iowa City, State Department of Human Services, and local agencies are not in a position to provide the needed funds." On page 101, it states: Strategy: Provision of Neighborhood Facilities Short -Term Objective: Expand neighborhood child care facilities. Long -Term Objective: Explore the need; plan and construct neighborhood facilities." As an experienced licensed Teacher, (for 11 years) with 25 graduate hours earned toward a Master's degree In Early Childhood Education, I am well -qualified to plan and manage a larger child care center than the one I currently own and manage. Even now, 13 children enrolled in my child care program are from families with low to moderate incomes. (Parents of enrolled children filled in income surveys for me, in January 2004.) In the future, I would like to expand anri reserve 10 openings exclusively for families with low to moderate incomes Also, with more space, i could add a before and/or after-scnool program for children from Hom and Weber Elementary Schools. . My program is a very high quality one which meets the social, emotional, physical and cognitive needs of young children. I am enclosing four letters of recommendation, including one from my former principal. Additionally, I am enclosing our mission statement Currently (and for the past several years), Weber and Hom Elementary Schools have long waiting lists for their alter -school programs. I am enclosing letters documenting this fact from both schools' program directors. Also, according to Nancy Chown, Site Supervisor Of the HACAP (Head Start Program) at 2007 Wateniont Dr., there is a "high need in the community for early childhood education programs focusing on the 0-3 age range." Ms. Chown said they have a waiting list. (See enclosed letter) Also, I have a waiting list of toddlers for my program. Most importantly, my services would provide affordable and continuing care and early education for each child, ages two through six years old and for after -school child care. Parents may also have the convenience of picking up all of their children from the same location, (at the facility) each evening, when they return from their jobs. These benefits: affordable, accessible and high quality child care services fill a gap in the City's continuum of care as outlined in CiTY STEPS, page 101. where it states, "Many residents (from Pheasant Ridge, within walking distance from the proposed child care facility) reported that a lack of affordable childcare prohibited them from pursuing an education or obtaining employment ". n rr: FT1 N Iowa `W% Child Care Resource & Referral m i I = www.lowa4Cs.com Board of Directors 2004 President Judith Crosseff Vice -President Dave Memck Treasurer James Pusack Secretary John Hartley Board Members Alice Atkinson Kristin Fink Joan Tephly Al Awn Lynn Kubit Program Staff Executive Director Michelle L. Hankes Associate Director & Education Coordinator Susan Grey Resource & Referral Coordinator Justine Reh Food Program Coordinator Traci Miller Food Program Assistant Ek'sha Hamm Home Ties Coordinator Courtney Graglia Home Ties Lead Teachers Sends Debebc Jessica Tushoski In -Home Provider Mentor Diane Kean Toy Library Coordinator Vana/a Chandran Receptionist Victoria McBnen 10, UnlredVllfssl Of Johnson County 4 CS Child Care Resource & Referral Child Care Resource & Referral * Child Care Provider Education * Toy Library & Resource Center Home Ties Child Care Center * Child and Adult Care Food Program Parent Education * Child Advocacy January 20, 2004 TO: CDBG Committee RE: Need For Child Care/CDBG Grant FROM: 4Cs Child Care Resource & Referral Dear Committee Members: Johnson County continues to see a need a need in child care for all locations and ages. One of the greatest identified needs is in school -aged child care (before and after school.) With 87% of families employed or attending school full time, more and more parents require this service. The Weber and Horn school areas are no exception. Affordable, high -quality care is also at a premium for families living in the University Housing com- plexes (Weber School District). Title XX families are searching for child care in all areas of Iowa City. Iowa City/Coralville can not only support another child care center, it abso- lutely needs more child care options. As Johnson County's population con- tinues to grow, family services must also grow. t , U c Sincerely, _ n _.2 r Michelle Hankes�++ Executive Director tV Administrative offices 1500 Sycamore Street Iowa City, IA 52240 Phone: (319) 338-7684 Fax: (319) 338-9139 Home Ties Child Care Center 405 Myrtle Avenue Iowa City, IA 52246 Phone: (319) 341-0050 Fax: (319) 338-9139 Toy Library & Resource Center Sycamore Mall Iowa City, IA 52240 Phone: (319) 341-0075 Fax: (319) 338-9139 I am the BASP Director at Horn Elementary in Iowa City. Our program currently holds 45 children with no room for expansion and a very slow turn over rate. The waiting list for the program is up to 48 families. Some have been on the list for 1-1 1/2 years and still are waiting for a spot to open. The families are worried because there is no after school child care and are not aware of any other alternative. In Iowa City, especially the Horn district more childcare providers are desperately wanted. In my opinion it would be beneficial to provide as much start up support financially as needed in order to help these families provide care for their children. Si, cerely, r7 4 /Z 4 Deanna Young O 4� r7 co � �� w � Y t1i; u.....-,.L i I 1. .e. •x: �i :•� •z •i 3850 Rohret Road Iowa City, IA 52246 (319) 356-6184 cell (319) 530.1494 January 20, 2004 To: Grant Selection Committee Weber Before & After School Program Please allow me to introduce myself, my name is Amy Faulkner, Before & After School Program Director at Weber Elementary in Iowa City. Our program serves over 75 children after school and currently has a waiting list of nearly 60 children. Our program is unable to expand in numbers due to the limited space we are provided in our facility. There are very few options for parents if their child is unable to attend our program. I have worked in years past to advocate for additional space or additional programming in our community for before and after school care. I have witnessed first hand the struggle for proper care available for school -age children, while parents try to juggle work and a family. That is why I was pleased to learn of Ms. Valerie Russell's decision to explore the expansion of her current program to allow for school -age programming. Her program will provide children a safe and meaningful experience after school and allow parents to feel comfortable in their child's daily schedule. I urge you to consider Ms. Valerie Russell for the grant to expand her program to include school -age care. The families in the area are in need of additional providers. Please feel free to contact me regarding any questions you may have. Thank you, �n e co Amy Fau kner, Director w #319-356-6184 331 _ N HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC N a help up, not a hand out January 8, 2004 To Whom It May Concern: I believe through my experience, that there is a high need in the community for Early Childhood education programs focusing on the 0-3 age range. I am currently the Site Supervisor of the Waterfront Family Resource Center in Iowa City. We have 3 Head Start classrooms as well as a Toddler program. Currently we have a large number of families waiting for Toddler care. We often take phone calls from people looking for care for children age 0-3. Based on these observations, I believe that it would be a great benefit to increase the availability of 0-3 care in this area. Nancy Chown Waterfront Family Resource Center 2007 Waterfront Dr. Iowa City, Ia (319)337-5765 1515 Hawkeye Drive a PO Box 490 v Hiawatha, Iowa 52233 ph 319-393-7811 a fx 319-393-6263 s email hacap@hacap.org a www hacap.org AN EQUAL OPPORTUNITY AGENCY a A MEMBER OF THE UNITED WAY N O n,. = a� 71 D N Early Learners' Enrichment Our Mission Our mission is to empower all our students to become responsible, respectful and confident young people who maintain self-control,, take initiative, sofve problems -arid develop love for reading and life-long learning. As role models,, we love a n d respect all people.. We share responsibilities. We are patient and maintain self-control, especially when being challenged.- Also, we encourage all children to take initiative, meet challenges and become successful,, independent problem solvers. Further,, we are very enthusiastic readers and we always cw love learning.CO �' N VALERIE MICHELLE RUSSELL 735 Westgate Street Iowa City, Iowa 52246 (319) 339-0800 OBJECTIVE: EARLY CHILDHOOD EDUCATOR EDUCATION: B.A. from The University of Iowa; Iowa City, Iowa; 1 992 Earned 2 5 graduate credits: Reading/Early Childhoc(�j MAJOR: ELEMENTARY EDUCATION: Grades: Pre-K - 8 T" Specializations: Early Childhood Education i —� co English/Language Arts <F Speech Communication/Theatre : r EXPERIENCE: EARLY CHILDHOOD EDUCATION TEACHER: Douglass &rly — Childhood Center, Kansas City, Missouri. Successfully w guided students using the "Project Approach" and - "Centers." Motivated students to develop a love for learning and an appreciation for books. Empowered children to find answers to their own questions and become responsible problem -solvers. Dramatically read to students and guided meaningful, story -related activities including field trips, "writing," simple "cooking" and art projects. Evaluated children's progress i n reaching educational goals. Served as "Teacher i n Charge" for two years. Prepared school newsletter for four years. August 1994-June 5 , 2000. FIRST GRADE TEACHER: Crispus Attucks Annex Elementary School, Kansas City, Missouri. Provided a print -rich environment and hands-on math and science activities. Incorporated active participation, cooperative groups, problem -solving and social skills. Met individual needs. Edited school newspaper. 1993-1994. KINDERGARTEN TEACHER: Crispus Attucks Annex Elementary School, Kansas City, Missouri. Successfully used developmentally - appropriate practices. Implemented whole language philosophy. 1992-1993. STUDENT -TEACHER: Calvin Coolidge Elementary School, Cedar Rapids, Iowa. Kindergarten, earned an " A + ; " Second grade, earned an "A." Hosted a special "Parents' Night." Spring 1992. 71 i71 STATE OF IOWA FR -�� Board of Educational Examiners LICENSE `�`''y a 3: 13 C! T cr,K UAL=_hIE MIc H E LLF puss LL IO A. C.!Tv "�r'`A LASS— EDUCATIONAL ISSUE itAT= 01 12 UO EXPTRES 08 31L 04 -"'nORSEMENTS TEACHER ELEM CLASSROOM s< r� r� SEAL fy K-6 ENGLISH/LAN GUAGE: ARTS FOLDER 314461 SS 4,ACHELOR OFUREE HAS COMPLETED F'UMAN R.EL K-6 SPEECH C; M!0/THc-ATRE r7l ~ F11 FD El 2�J4 �♦ H„AP 18 Pik 3: 13 Certificate of Registration Child Development Home - Category C is hereby granted to Valerie Russell &, Claudia Bedellto care for a maximum number of twelve children at any one time plus two school -age children for less than two hours plus two part-time children at 735 Westgate Street, Iowa City, IA 52246 for the period beginning March 1, 2003, as provided by Chapter 237A of the Code of Iowa. As provided by 441 Iowa Administrative Code, Chapter 110, the provider has certified in writing compliance with the following requirements for: Number of children Health and safety Activity program Registration displayed Discipline Nutrition Records Provider qualifications Training Smoke detectors Fire extinguishers Space Accessible exits The Department of Human Services certifies only that this provider meets guidelines regarding critninal and abuse history. Issued by the authority of the Department of Human Services this 7 day of January, 2004 42-52-441 Registration Number Registration Authority A Letter of Recommendation for Ms. Valerie Russell, Early Learners Enrichment, April 2003 I am the mother of two children who attend the Early Learners Enrichment program. My oldest child, Adam, is 5 and will be starting Kindergarten next fall. My daughter Madeline is 3 years old. My children have been attending the program for more than two years. Both of my children have made significant gains, especially in reading, while attending Early Learners Enrichment. By the age of 2, Madeline was able to recognize all the letters of the alphabet and state at least one word that started with each letter. She could spell her name and almost write it (she can write several letters). She knows the first letter of every one of the other children's names who attend the program. And she now shows a strong interest in writing long words and phrases, asking us to spell them while she tries writing each word. Adam's progress has been quite remarkable. As both of my children were in an unstructured, in -home daycare setting prior to beginning the program, I know his progress is entirely attributable to Ms. Russell's teaching methods. He quickly learned his letters and sounds, then began reading familiar books and posters around his classroom, and by the age of 4 was reading even unfamiliar materials. He is now 5, and is able to read long words, adult reading material (like the daily newspaper) and can read aloud to his sisters. He keeps a journal, enjoys "word find" and crossword puzzles, sends notes to his friends, and assists Ms. Russell with some classroom time for the younger children. Both children have also made great progress with math, social skills, art and music. They -have learned quite a bit of Spanish, including Spanish conversational phrases, foods, colors and counting. They enjoy their activities at Early Learners Enrichment, and always look forward to Ms. Russell's welcoming smile. I whole-heartedly recommend her program to my friends (and, in fact, my friends have also begun sending their children there). And I would be happy to speak with anyone who is considering the program. z C> Sincerely,CO ` -T] Holly Tapper w 319-339-8398 y thetappers(R mchsi.com w IRVING B. WEBER ELEMENTARY SCHOOL March 2003 This letter of recommendation is to support Ms. Valerie Russell of Early Learner's Enrichment to further her exceptional work with children. Ms. Valerie Russell has worked collaboratively to care for and teach our daughter from the fall of 2000 to the present. She enthusiastically encourages family involvement and readily shares her philosophy and passion for children and learning. Ms. Russell has the unique ability to assess the strengths and needs of each individual and sets reasonable goals. She consistently perseveres to meet the needs of all children. Ms. Russell strives to meet each child's developmental needs academically, socially and emotionally. She helps foster a love of learning by providing ample opportunities to read, write, listen and speak. Some examples include reading and writing in many forms using pictures, labels, lists, menus and notes and checking out books from the classroom library to encourage daily reading with families. Children are immersed in a language rich environment including songs, story time, phonemic awareness activities, word recognition, innovative stories and counting. These activities have proven to greatly impact children. Her program's routines and structure greatly help children with transitions and develop social skills including self confidence, manners and working cooperatively. Ms. Valerie Russell provides a safe, loving environment rich with developmentally appropriate activities and routines that foster the love of learning at an early age and provide skills necessary for the transition to kindergarten. co M TT Lisa Guthart Team 2 teacher (6-8 year olds) D _ Irving B. Weber Elementary w 3850 Rohret Road Iowa City, IA 52246 2640 Belleriew ' &nsas Ci%, Missouri 64108 Pl,(816)418-6475 Fax(816)418-6480 May 8, 2000 This is a letter of Recommendation for Valerie Russell. Ceter under Ms. Russell has worked in The Douglass ee that I atnldwelhoolacgnuainted withy supervision for the past six years an her skills, abilities, and ambitions in the child care field. Ms. Russell has proven herself to be not only capable and dependable, but also very talented at her work. She is consistent and ositive in all of her interactions with the children, and works hard to give individual attention to all children in her care. During the time Ms. Russell has been employed at The Douglass Early Childhood Center, she has been given increasingly greater responsibilities and has met each new challenge with energy, creativity and determination' Ms. Russell is committed to her teaching career. The teaching profession needs her enthusiasm and creativity. Should you think it necessary or desirable, I would oahappy b prey h d at Ms. Russell's qualifications with you personally. (816) 418-6485. Sincerely, Bianca Love, Princig� X- 71 m �-- f w W THE UNIVERSi T'1 F IDWA RECOMMENDATION FOR VALERIE RUSSELL Valerie xvas a former student of mine who graduated from our program in 1992. She took a position teaching preschool children in the Douglas Early Childhood Center in Kansas Citv, MO. In 1998, I spent a day there observing Valerie and her moming and afternoon classes. and I was pleased to see how well she worked with the children. She has a good knowledge of early childhood curticulttm and has a very kind and caring manner. Valerie is a serious and experienced childhood professional. and I am proud to have had her as a student. Richard Elardo =tC Associate Professor, Early Childhood Education -< July 13, 2000 A � 259 Lindouist Cir. N 319/335-5324 College of Education Division of Curriculum and Instruction Iowa City, Iowa 52242 1529 FAX 319/335 560E To: Board of Adjustment Item: EXC04-00008, 614 Clark Street GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Shelley McCafferty Date: April 14, 2004 Mark and Diana Russo 614 Clark Street. Iowa City, IA 52240 (319) 688-5273 Reduction of required front yard setback from 20 feet to 14 feet for a building located at 614 Clark Street. To allow for the construction of a screened - porch 614 Clark Street 65' x 117' (7,605 square feet) Medium Density Residential/Conservation District Overlay (RS-8/OCD) North: Residential, RS-8/OCD South: Residential, RS-8/OCD East: Public, P West: Residential, RS-8/OCD 14-6Q-4B, Exceptions to Established Setbacks; 14-6W-2B, Special Exception Review Requirements 19 March 2004 The applicants, Mark and Diana Russo, are requesting a reduction of the front setback on the Seymour Avenue frontage of their residence at 614 Clark Street. In 2002, the Russos purchased the old Mennonite Church at this address and have converted the church to a single-family residence. This property is located at the corner of Seymour Avenue and Clark Street with the primary entrance located off of Clark Street. The building is located 22 feet from the Seymour Avenue right-of-way. Existing on this side of the church and within the required setback is a 6'-3" wide by 4'-7" deep covered concrete stoop and stairs, which were originally constructed as a secondary access. The covered stoop extends into the front setback on the south side 2'-7", which is a legal nonconformity. The stairs also extend into the front setback approximately 9 feet, However, because they are uncovered, this is allowable. E The Russos wish to remove the existing covered stoop and stairs (including the roof), and replace them with a screened -porch. The new porch will be of a similar design and construction, and 8'-0" x 12'-0" in size. This property is located within the Clark Street Conservation District. In August 2002, the Russos consulted with the Historic Preservation Commission (HPC) and the preliminary drawings of the screened porch were approved. Before a building permit can be issued, the HPC must approve the final architectural drawings. The Russos are requesting that a special exception be granted to reduce the front setback along Seymour Avenue to 14 feet for a distance of 14 feet, measured from the southeast corner of the church, to allow the construction of the porch. ANALYSIS: The purpose of the Zoning Chapter 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 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 Standard: 14-60-4113, 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 small church was constructed c.1933 by the Mennonite congregation. The building was used as a church by various congregations until 1999. At this time it was purchased for single-family use, but was not significantly altered to accommodate this use. The conversion of a building designed for an institutional use to a single-family residence creates the unique situation. Practical Difficulty. Due to the location of the building on the property, the only practical alternative location for a screened -porch is on the east side of the church. A three -sided bay, which was originally the church asp, is centered on the east elevation. The Russos worked with the HPC to determine where the porch could be located and have the least impact on the historic character of the church. The HPC uses The Secretary of the Interior's Standards for Rehabilitation to determine the appropriateness of alterations to historic properties. The Standards require minimal changes to the defining characteristics of a historic building, its site and environment when it is altered to accommodate a new use. The HPC determined that the asp is architecturally significant as a defining characteristic of the church and the integrity of the asp and east elevation should be maintained. Given that a small covered stoop and entrance door already exists on the south elevation, the HPC determined that replacing this original stoop with a larger porch structure using construction details that match the original existing porch, would have the least impact on the building. 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 3 requests for yard reductions. 1. How substantial is the exception in relation to the requirement? The required front setback will be reduced from 20 feet to 14 feet for a distance of 14 feet, measured from the southeast corner of the church, for the proposed screened -porch, and will result in a 30% reduction of the yard in this vicinity. In Staff's view, this is a relatively substantial reduction. However, the proposed porch will only extend into the front yard 3'-5" further than the existing stoop and have a similar appearance, which staff feels is not a substantial change. 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? No, the proposed structure and its encroachment into the required front setback will not be substantially different than the existing covered stoop. 4. Is there some feasible alternative for the applicant in lieu of the exception? An alternative location for a screened -porch is on the north side of the building. The north side yard is 11 feet and code requires a 5 foot setback. With the construction of an 8 foot deep porch, the side yard would have to be reduced to three feet. Any structure constructed on this side would face the adjacent house and encroach on the privacy of the residents. Construction of the porch on the west side (front) of the church would detract from the character of the church and be prohibited by the HPC. Another alternative is to modify the existing covered stoop for use as a screened -porch. However, at only 4'-7" deep, the stoop is too small for practical use as a porch. Given the historic preservation regulations and the conversion of use, there appears to be no other feasible alternative. 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? Staff feels that the interests of justice would be served by granting the front yard reduction. The applicants are restricted by the existing property characteristics and must comply with the historic preservation regulations. Staff feels the reduction is minor given that the existing stoop and steps extend further into the front yard than will the proposed porch. Additionally, the proposed porch will have the least impact on the historic character of the building and neighborhood while preserving the privacy of the adjacent residents. General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the general standards are included within the attached application. Staff comments regarding the special exception application were covered above. Appropriate specific comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The reduction of the front yard for 14 feet along the Seymour Avenue frontage is not inconsistent with other neighborhood buildings nor will it be a substantial change from the existing covered stoop located on the south side. Staff feels this yard reduction will not have any detrimental effects. 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. The conversion of the church for single-family use 4 represents a substantial investment in the property and neighborhood. Although purchased for single-family use in 1999, the building was essentially vacant for a year and a half and the previous owners were cited for illegal use, snow and ice, and weeds. Accommodating the addition of a screened -porch, a common residential amenity, will help ensure that the structure will be appropriately occupied and maintained. The required review by the Historic Preservation Commission ensures that the new porch will not detract from the historic character of the neighborhood and diminish property values. Furthermore, the proposed location will not encroach on the privacy of the adjacent residence. g. The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The Comprehensive Plan supports the goals of the Historic Preservation Plan in this neighborhood. Allowing appropriate alterations to the building to accommodate modern, residential needs, will contribute towards the continued preservation and viability of the neighborhood STAFF RECOMMENDATION: Staff recommends that EXC04-00008 an application for a special exception to reduce the required front setback from 20 feet to 14 feet for a distance of 14 feet, measured from the southeast corner of the church, for the addition of a screened -porch to the historic church building located at 614 Clark Street be approved, subject to approval of the porch construction drawings by the Historic Preservation Commission. ATTACHMENTS: 1. Location map 2. Applicant letter Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development E FI!_.= C APPEAL TO TH , 2004 i "R 18 PM 4: 3 S �r��°� o� OARD OF ADJUSTMENT I� ,e SPECIAL EXCEPTION 10`%IA' `U)" 110WA DATE: TITLE 14 CHAPTER 6 ARTICLE W al AO PROPERTY PARCEL NO. JC3 ' APPEAL PROPERTY ADDRESS -- APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: APPLICANT: Name: Zi 11S�Ac�zwssb Address: w 4 `-1 i-EAL, � ` • �Q W Phone: �gg ��3 CONTACT PERSON: Name: %\'Q� QUSSO t Address: V t,-\ L \ A l�' St Phone:'(3O ©�3g PROPERTY OWNER: Name: si�'T` Q T QOi a ffy Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: F Purpose for special exception: Date of previous application or appeal filed, if any: -2- INFORMATION TO BE PROVIDED BY APPLICANT: 2004 tIliR 18 Pt1 h : 3 9 A. Legal description of property: i 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 81/:" 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. D. The applicant is required to present specific information, not just opinions, that the general standards for the grantina 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, safety, comfort, or general welfare. C7 0 an 71 n� co a) s c.a -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. ".%�rt� <,�� � 3. Establishment of the specific proposed excep ion 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. �, • : - \ \ roads,4. Adequate utilities, access 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. �-�--- n Aa*' CO F -: ;- ca a -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 appropriate.] e 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 .c D ca -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: 20Q� Si ure(s) of Applicant(s) Date: 20 ppdadmin�appboasepckt.pdf Signature(s) of Property Owner(s) if Different than Applicant(s) _ r+a �s 0 __. 71 D ca I Shelley McCafferty From: Glenn Ehrstine [glen n-ehrstine@uiowa.edul Sent: Saturday, March 27, 2004 12:49 PM To: shelley-mccafferty@iowa-city.org Subject: 614 Clark Street Dear Shelley, I am in receipt of Brenda Rotherham's letter of 23 March 2004 regarding special exemption EXC04-00008 for 614 Clark Street, a corner lot. Mark Russo has informed me personally of their planned porch project, which will require the reduction of the front yard on Seymour Street from 20 to 12 feet. He has additionally noted that he has been in contact with you regarding the adherence of the project to historic preservation guidelines. Having seen examples of your excellent work on other projects, I have no objections to the planned exemption. Sincerely, Glenn Ehrstine