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05-10-2006 Board of Adjustment
AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, May 10, 2006 — 5:00 PM EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Consider the April 13, 2006 Minutes D. Special Exceptions: 1. EXC06-00008 Discussion of an application submitted by Ace Auto Recyclers for a special exception to permit a salvage yard for property located in the proposed Heavy Industrial (1-2) zone east of South Riverside Drive. 2. EXC06-00003 Reconsideration of an application submitted by First Presbyterian Church for a special exception to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single -Family Residential (RS- 5) zone at 2701 Rochester Avenue. E. Other F. Board of Adjustment Information G. Adjournment NEXT BOARD OF ADJUSTMENT MEETING —June 14, 2006 STAFF REPORT To: Board of Adjustment Prepared by: Sarah Walz Item: EXC06-00008 Date: May 10, 2006 GENERAL INFORMATION: Applicant: Ace Auto Recyclers 2752 S. Riverside Drive Owner/Contact Person: Don Hilsman 319-338-7828 Requested Action: Approval of a Salvage Yard in the Heavy Industrial (12) Zone Purpose: To allow expansion of a salvage yard in the 12 zone and to bring an existing salvage yard into compliance with the Zoning Code and the requirements of Conditional Zoning Agreement. Location: 2752 S. Riverside Drive Size: 11.36 Acres Existing Land Use and Zoning: General Industrial (11) pending rezoning to 12. Surrounding Land Use and Zoning: North: General Industrial (11) Salvage Yard South: General Industrial (11) Undeveloped East: Public (P-1) former landfill /Mesquaki Park West: General Industrial (11), County Agricultural (C-H) Applicable code sections: 14-2D-2, Principal land uses allowed in the 12 zone; 14-413-4C-5, Specific approval criteria for salvage operations in the 12 zone; 14-4B-3A, general approval criteria for special exceptions File Date: April 10, 2006 z BACKGROUND INFORMATION: In 1974, upon the request of the property owners at that time, the City annexed this property as part of an approximately 45-acre annexation. The westerly 300 feet of the annexation area, including a portion of the applicant's property was zoned light industrial (M-1) and the easterly 591 feet of the annexation area was zone Heavy Industrial (M-2) [The M-1 zoning classification, which did not allow salvage yards was similar to our current General Industrial (11) zone.] This and other adjacent properties were rezoned to 11 as part of a citywide rezoning in 1983. At the time that this area was annexed, and before any salvage yard was established in this area, the owners of what are now the Ace salvage yard and the adjacent salvage yard to the north (Russell) entered into a Conditional Zoning Agreements (CZA) specifying conditions pertaining to the operation of a salvage yard. The intent and the requirements of the CZA were to ensure that: 1. the salvage yard would be located at least 300 feet east of old Highway 218 (Riverside Drive); 2. there would be a berm and landscaping to screen views of the property from the highway and the Iowa River; 3. the auto recycling operation would consist of only temporary storage of automobiles awaiting crushing and crushed automobiles and equipment related to the crushing operation; and 4. the area used for automobile salvage would not exceed 5 acres. The CZA was recorded as a covenant running with the land so that it applied to the owners who agreed to it as well as future owners. Neither the previous property owners nor the current applicant has adhered to the conditions of the CZA. The salvage yards (Russell and Ace) were expanded beyond the 5-acre areas agreed to by the City and the property owners, and the Ace site now covers approximately 10 acres. The required berms and landscaping were not put in place or have been removed. Russell Salvage Yard is not part of this application and remains in violation of the zoning agreements. In May 2005 the current operator, Ace Auto Recyclers, requested a rezoning of his property from General Industrial (11) to Heavy Industrial (12) to allow expansion of the salvage yard. The applicant wished to build new buildings for office and warehouse space. This request was deferred indefinitely by the Planning and Zoning Commission in order to allow the applicant to address the above zoning violations, including the location of the salvage operation within 300 feet of Old Highway 218, the absence of landscape screening and vegetation around the salvage operation, and a limit on the size of the operation to 5 acres. Since the 2005 rezoning request, the applicant has removed the salvage materials from property located within 300 feet of the right-of-way of S. Riverside Drive to the area now proposed for the salvage yard —an 11.36 acre area located more than 300 feet from S. Riverside Drive, with the exception of a warehouse used for disassembling the cars, which is approximately 250 feet from the property line. The 11.36-acres will encompass the existing salvage yard plus and additional area immediately to the south. Property located next to Riverside Drive, which will remain 11, is not part of this special exception but will be associated with the applicant's auto parts business. As part of the rezoning request, the applicant has proposed a number of improvements to the property including a plan for landscape screening and fencing that are intended to bring the property into general compliance with the conditional zoning restrictions on the property as well as requirements of the current Zoning Code. At its April 20 meeting the Planning and Zoning Commission recommended a rezoning from 11 to 12 for the 11.36 acres now under consideration for a special exception, subject to the installation of landscape and fence improvements as specified in the site plan (attached). The City Council will consider the rezoning to 12 at its May 23 meeting. Any approval for this special exception is subject to Council's approval of the rezoning the property to 12. Approximately one half of the proposed salvage yard property falls within the 100-year flood plain, and the presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. The drainage way, which feeds into Willow Creek, is subject to the Sensitive Areas Ordinance and an access easement. The applicant is now requesting a special exception to legitimize the existing salvage yard and to allow for expansion of the salvage yard for the 11.36 acres. The applicant is also proposing to build an office and parts warehouse on the adjacent property within the existing 11 zone, however, that portion of the property is not part of the special exception under consideration. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-4B-4C-5 Special Exception Review Requirements for Salvage Operations in the Heavy Industrial (12) zone (page 191) and the general standards for special exceptions as set forth in Section14-4B-3. Specific Standards: 14-413-4C-5 Special Exception Review Requirements for Salvage Operations (page 191) The proposed use must be located at least 1,000 feet from any residentially zoned property. The property zoned industrial on east side of Riverside Drive is at the edge of Iowa City Corporate limits. The property located to the west of the road is zoned agricultural by the County. Salvage operations are required to completely enclose all storage and work areas with a fence built to the S5 standard (see page 298), and salvage materials may not be piled against the fence or piled higher than the fence. The applicant has provided a site plan showing that the entire salvage yard surrounded by an 8-foot high, solid wood fence on all four sides. [The property is also subject to the S3 screening standards (see page 297) as specified for Industrial zones.] The presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer. In addition, the drainage way, which feeds into Willow Creek, is subject to an access easement requiring that access to the drainage way be unobstructed. The site plan also shows the required 15-foot firebreak on all sides of the property outside the fence. The applicant has not addressed how the firebreak will be maintained. The standards for salvage yards also require that all combustible waste be stored no closer than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire resistive construction. The applicant has indicated that no combustible material of this type will be stored on the property. General Standards: 14-413-3, Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Salvage yards are permitted in the 12 zone by special exception. In addition to the 8-foot high fence surrounding the salvage yard, the applicant's site plan proposes evergreen trees along the west and southwest portions of the property, where the property is visible from South Riverside Drive. The location of the salvage yard, set more than 300 feet east of S. Riverside Drive, along with the 8-foot solid fence and landscape screening will conceal the salvage operation and its outdoor storage from public view and buffer neighboring properties from the noise and dust that are associated with this use. In addition the salvage yard will be surrounded by a 15-foot fire break to minimize the threat of fire escaping the property. Salvage yards do pose an environmental risk due to the chemicals that remain on the cars even after they have been drained of fuel and fluids. For this reason salvage yards containing more than 250 cars are required to obtain a stormwater permit from the Iowa Department of Natural Resources (DNR). Because a portion of the salvage site falls within the 100-year floodway there are potentially risks for water contamination. The presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer from development. Given the location of the salvage site close to the Iowa River and the presence of the drainage way on the site, in Staff's view it is imperative that the applicant bring all DNR permits up to date to account for the location and expansion of the salvage yard. In addition, the drainage way, which feeds into Willow Creek, is subject to an access easement requiring that access to the drainage way be unobstructed. Staff recommends that fence proposed by the applicant should be constructed so as not to enclose the drainage way. Because waste tires provide a significant breeding habitat for mosquitoes that carry West Nile and other serious viruses, open air storage of tires can pose a public health concern. The Iowa DNR recommends that tires stored outdoors be covered with a tarp and limits the number of waste tires stored indoors or outdoors to 500 before a permit is required. The applicant has indicated that on average he stores 250 re -saleable ties and an additional 200 waste tires on the site and that waste tires are picked up for recycling on a bi-weekly basis. In addition, it is illegal to bury or burn waste tires. Restricting the number of number of waste tires stored on the site and manner in which tires are stored will minimize the potential health issues. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The majority of the salvage yard will be set back more than the required 300 feet from Riverside Drive. In addition, the proposed 8-foot high fencing surrounding the salvage yard and evergreen tree screening along the west and southwest portions of the property, where the property is visible from South Riverside Drive, will help to conceal the salvage operation and its outdoor storage from public view and buffer neighboring properties from the noise and dust that are associated with this use. Properties to the north and south are zoned General Industrial (11). To the east property is public land (former landfill/Mesquaki Park), which is closed to the public due to environmental concerns. Neighbors to the west include Bekins Moving and Warehouse Company, the Johnson County Fair Grounds and agricultural land. In Staffs view the improvements proposed by the applicant for landscape screening and fencing will mitigate the negative effects associated with the salvage yard operation. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The expansion of the salvage operation in keeping with the proposed site plan will bring the property into compliance with conditional zoning restrictions specific to the property as well as the requirements of the current Zoning Code. In Staff's view the applicant will create a more attractive situation for future development on surrounding property by setting the salvage yard back 300 feet from S. Riverside Drive and by providing the fence and screen improvements proposed in the site plan. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The applicant will pave the entryway from Riverside Drive up to the gravel access easement that runs parallel to the railroad in front of the property. This area of the city is not served by City sewer or water, however due the remote location of the site and the limited intensity of the use, a private system is acceptable. 5. Adequate measures have been or will betaken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The applicant will pave the entryway from Riverside Drive up to the gravel access easement that runs parallel to the railroad in front of the property. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The 12 zone requires that all outdoor storage (the definition of outdoor storage includes salvage yards) areas located on a along a side or rear lot line that does not abut a public right-of-way must be screened from view of the adjacent property to at least the S3 standard. The code specifies that "if a fence is built around the storage area, the required screening must be located between the fence and the adjacent property." (14-2D-5F-2, p. 95) This requires the applicant to install additional landscape screening to the S3 standard along the south, east, and northern boundaries of the property. In addition, the 1974 Conditional Zoning Agreement for the original salvage yard required similar screening on the east side of the salvage yard —screening which was never installed. The properties abutting the site on the north (another salvage yard) and south (vacant land) are zoned 11, to the east the property is former landfill (Mesquaki Park). The future land use scenario in the South Central District Plan shows this as public/private open space, but at this time the area is not open to the public due to environmental concerns associated with the former landfill. In Staff's view, the established vegetation and the general inaccessibility to the salvage yard on its north and east boundary seem provide the same function as the required screening. However, neither Staff nor the Board of Adjustment has the authority to alter this requirement. The applicant may apply for an amendment to the Zoning Code, to waive the requirement for this additional the S3 screening along the south, east, and northern boundaries of the property. The presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer from development. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The South Central District Plan acknowledges conflicts in this area between industrial/commercial and residential uses —a, mobile home park is located approximately 1700 feet to the northeast of the site. The long-term land use scenario for the area is to phase out these residential uses. The District Plan recommends that industrial and commercial business be allowed to operate in a reasonable manner within areas zoned for those uses, and specifies that "industrial zoning is most suitable for those properties with direct access to the railway and Riverside Drive. The District Plan also recognizes Riverside Drive as an entranceway to Iowa City. Because of its high visibility, the Plan encourages aesthetic improvements along this corridor and calls for "special efforts ... to provide effective screening along Riverside Drive where salvage yards are visible from the public right-of-way. Expansion of existing salvage operations ... may be considered if effective screening of the salvage yard is provided." SUMMARY In staffs view a salvage yard is a service that may be necessary to serve the community. However because of the negative effects on adjacent properties and the general character of an area, such operations need to be strictly controlled. The existing salvage yard in this location has been operating for a number of years in non-compliance with zoning requirements. The applicant wishes to receive a building permit to construct an office building/parts warehouse and a "tear down building where vehicles would be disassembled as part of the salvage operation. A building permit will not be issued as long as the property is in non-compliance with the Zoning Code. The applicant has agreed to a Conditional Zoning Agreement for the rezoning of 11.36 acres to 12 which allows establishment of salvage yards by special exception. The special exception and CZA will allow the City and applicant to work together to bring this property into compliance with the zoning code. If approved the existing salvage operation will be allowed to expand form approximately 10 acres to 11.36 acres. But prior to this expansion a solid wall at least 8 feet in height will be built around the entire salvage operation. The wall will be supplemented with evergreens trees on the west and south side to provide better long-term screening from S. Riverside Drive. The salvage yard will be moved at least 15 feet away from the stream corridor and compliance with DNR requirements will be demonstrated. STAFF RECOMMENDATION: Staff recommends that EXC06-00008, an application for a special exception for property in the proposed Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard, be approved subject to the following conditions: 1. City Council approval of the 12 zoning; 2. The applicant must apply for a building permit in order to establish the salvage use. Prior to issuance of the building permit, the applicant must: 7 3. Install all landscape and screening improvements as specified in the approved site plan except for those adjacent to the proposed building in the 11 zone. The spruce trees on the west and south side of the fence shall be planted in a staggered pattern 20 feet on center. They shall be a minimum of 2" in caliper at time of planting unless an alternative is approved by the City Forester. The area designated by the blue line stream must remain outside the fenced area of the site and a fifteen foot buffer must be left between the fence and the blue line drainage way. Prior to issuance of an occupancy permit for the new building, all other required landscaping, as indicated in the site plan, must be installed; 4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees and shrubs; 5. Bring all DNR permits related to the salvage and auto parts operation and stormwater permits up-to-date and have such permits filed with the City. After establishing the salvage use, the continuation of the use is subject to the following conditions: 6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's property outside of the fenced area; 7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all tires must be covered by a tarp to prevent mosquito habitat. Tires may not be stored within 100 feet of a property line; 8. Vehicles must be crushed and removed from the site on a regular basis. ATTACHMENTS: 1. Location map 2. Aerial view of site 3. Original Conditional Zoning Agreement 4. Application materials 5. Proposed Site Plan Approved by:�. Robert Miklo, Senior Planner, Department of Planning and Community Development Y 0 \ co O 0 z O O X �`14 l-awn lids ddoo ),iio sd i 70 W kVMH0IH 010 In --- o N z 04 El NE COR, NE 1/4, SEC. 28-T79N-R6W-5TH PM.3 <n U S I 88°01'38" E 619.19' 10' WID EXISTING N6 PLANTE OFFICE -SA �I WAREHOUSE 5 a ��� ��4 _--_'-__-__"-- ___ _ \` x ^'9�L PROPOSED _MPRO so�M r SOLID \� _ OP Q ! -t CL DESIGNATED TRAFFIC LANES '�[V68°Ol'38'� -""--- FENCING OFgNKFLpwAGEn,/fY 5 � \ \ E PLOYEE _ TRAC70_R - TRA_I_L_ER_ 0' WIDE PARKING PARKING _ ��1 N Q I CANTER -_ -12'-SPACES� PROPOSED 15' FIRE IGH FTING ACCESS ' 1 I 0 IIw _ _ LU � I JOB ED Y �,l PREP O ORE55 ry PROPOSED I SOLID LU W 0 Z GRPOEEEDEO'{0 w PROPOSED FENCING O IY a I y pN05 PROPOSE a a CikASS SOLID A'A 1O1i SOLID I-- H O o 55 u z X FENCING ,°.� FENCING W FI IG LL ! II u 5• WALp1C _ 1z0. w U Q O ON 'G IX I ISA Go on¢vwnroaoiouse E (D(.7 W 4�a _ USE- l' A N UIl01NG $ j z z SOLID PROPOSED O 5 o I = _ -__--_ ____ _ 5 see i°s•s°"e __-� L FENCING N W I DGE OF pnnv I 1-a d L EN u NCE B 1 PROPOSED I-2 ZONING Z � O PERMIT B GREEMENT yy�L 494755.0 s q. ft I 11.36 Acres it WITH TO DOT AND is PROPOSED 15' FIRE FIGHTING ACCESS I n- CR DIC ILWAY Cr X „ EXISTING CHAINLINK FENCE _y J N o i p� P i ,� 0, G a�ds'oG =m F is TO BE REMOVED VVV Z g v a c I ma W W CL ! �o^ 0 o PROPOSED DRAINAGEWAY I AND FIRE FIGHTING ACCESS (n '4.r' I! o xeo•an•srw 2ia4 w!� GO) 0 zl H.v C, o U. z'5 >I ai C> ,n U N % Ip U' Z! a Q "., 3! I m, 0 Ui ri. PROPOSED i PROPOSED 15' FIRE FIGHTING ACCESS SOLID W a FENCING j 000000000 S 90°00'00" W 525.30' wU i ! x ! ! Legal Description- Proposed 1-2 Zoning Commencing a the Northeast corner of the Northeast Quarter of E I Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S00°00'00"W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the GRAPHIC SCALE I Point of Beginning; Thence S00°00'00"W, along said East Line 50, 0 25' 50' V( w I of Northeast Quarter, 903.88 feet; Thence S90°00'00" W, _--1�J I 525.30 feet; Thence NO1°I0'00"E, 541.87 feet; Thence IN FEET ) PLAT PREPARED BY: SCALE I"=100' N88°38'57"W, 54.53 feet; Thence N01 °24'33"E, 322.72 feet; "Thence HART-FREDERICK CONSULTANTS, P.C. LEGEND a N88°01'38"W, 60.00 feet; Thence NOl °58'22"E, 57.50 510 E. STATE ST. I leet; Thence S88°01'38"E, 619.19 feet, to the Point of Q GOVERNMENT CORNER P.O. BOX 560 w ° ! Beginning. Said parcel of land contains 11.36 acres, more or ® SEf 6/8" IRON ROD TIEPIN, IA 52304 o ! less and is subject to easements and restrictions of record. ® FOUND IRON ROD (AS NOTED) $ o 545-7215 X CUT 'X' IN CONCRETE On SET P% NAIL .d OWNER OF RECORD: INJ RECORDED DIMENSIONS v ! (nJ MEASURED DIMENSIONS ACE AUTO RECYCLERS, INC. pROpEETY/HoUNUARY LINES d o "' 2752 S. RIVERSIDE DR. — CENTER LINES a ! RIGHT -WA LINES IOWA CITY, IA. SECTION -SECTION LINES LINES -EASEMENT LINES ! - — - LOT LINES PLATTED OR HY ➢EEO a PROPERTY ADDRESS=2752 SO. RIVERSIDE DRIVE N PARCEL CONTAINS 28.01 ACRES +/- a EXISTING ACCESS EASEMENT FOR 30' ROADWAY 'a ESTABLISHED BY AGREEMENT DATED AUGUST 31, 1974 AND RECORDED IN BOOK 435 AT PAGE q 155, RECORDS OF THE JOHNSON COUNTY 5 RECORDER Ne 512L"E Z d 990.1' I D AGREEMENT THIS AGREEMEM entered into this J11day of November, A.D., 1974, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the City, and Gordon and Angeline Russell, individuals owning certain real estate described in this petition, hereinafter called Russell. k'HERiAS, Russell is the owner of the following described real estate: Commencing at the southeast corner of to northeast quarter of Section 28, Township 79 North, Range 6 West of the 5tb P.M., thence north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence east 13.50 chains to the place of beginning, and said real estate abuts and adjoins the municipal corporate limits of the City of Iowa City, and irTi r_F,F_.S, Russell has made application to the City Council of the City of Iowa City, Iowa, for annexation of said real estate and for the zoning of said real estate as h-2 zoning, and WHEREAS, pursuant to the Ordinances of the City of Iowa City, Zowa, and the statutes of the State of Iowa, the proposed annexation and zoning has been referred to the Planning and Zoning Commission of the City of Iowa City, Iowa, and the Rig*erfront Commission of the City of Iowa Ci-Y, Iowa, and the Parks and Recreations Commission of the City of Iowa City, Iowa; and said Commissions have all recommended approval of the annexation of said real estate and the zoning of said real estate in part 11-1 and in part 14-'2, but that all of said Commissions have expressed reservations about the screening and the establishing of a greenbelt relative to any uses on said real estate, and UMERF S, Russell wishes to develop said real estate in a manner that gill be a credit .to the rial estate and the development of said real estate and to tha City of Iowa City, Io:.a, and is Villing to provide an adequate greenbelt for s3i6 real estate, and is to agree that all Ordinan--es 0= the Cit.,. of Io::. City shall be applied retroactively to said renl eszate. NOW, THER£FORS, IT IS HEREBY AGREED by and between the parties as follows: 1. That the City of Iowa City, Iowa, agrees to annex the real estate described herein to the City of Iowa City, Iowa, in consideration for the agreements hereinafter set forth. 2. That Russell agrees to comply with_all existing_ Ordinances of the City of Iowa City relating to screening of industrial or commercial uses and to cumply with all future Ordinances of the City relating to screening of 37idustrial or co:=ercial uses, the establishment of greenbelts for all b-1 aad M-2 zones. 3. That Russell agrees to plant suitable plantings and construct other reasonable screening and_buffering devices including but not I�Pited to shrubs, trees L bushes,_earth berms and other suitable screening and buffering devices to screen and buffer the areas to the west and east of the real estate described herein and to screen and buffer any uses proposed to be placed on the real estate described herein. That the parties hereto agree that the selection of the location of the screening, buffering, the type of plantings, trees, shrubs, the construction of berms and other screening and buffering devices shall be determined by the mutual agreement of the parties; and that the parties shell consider in such determination, costs, aesthetics, the screening and buffering of noise and screening and buffering as to sight, the entrance to the City and the enhancement of the Iowa River and a-y future recreation projects in the vicinity of the real estate described herein an_ any future master plan or comprehensive plan for screening and buffering of entrances to the City of Iowa City, Iowa. Russell agrees to bear the cost of plantings, construction of berms and other screening and buffering devices that may be mutually agreed upon by the parties. In the event that there is any dispute or controversy or difference between the parties as to the location, type of screening or bufferinc, the construction of berms or other screening or buffering devices referred to herein, then in that event the parties hereby agree to arbitrate anv such digput£, ._qRn.troversy. o: difference pursuant to the terms of this para?rap'i as follows: a, F.it'.lar party, vhen a dispute, controver sy o- d.L-L r.-- ar ...as, m-,y Iy written notice to the ot!iar request arbitrntlon and «^ t.'? notice of said request for such arbitration, shall appoint one arbitrator as such party may select. The other party, upon receipt of the written notice, s:.all by written notice within 15 days after receipt of such notice epaoint a second arbitrator as such party may select. b) Mien two arbitrators have been appointed as hereinabove .provided, they shall agree on a third arbitrator and shall appoint said arbitrat-r by vrritten notice signed by both of then with a copy mailed to each part_- hereto. In the event that the two arbitrators selected by the parties c 4F--.nbt agree on a third arbitrator, parties agree to request that the State of Iowa Arbitration Board appoint a third arbitrator and suc.1 third arbitrato- appointed by the State Board shall be Qualified and is accepted by both of tie parties. c) On appointment of three arbitrators as hereinabove provided, such arbitrators shall hold an informal hearing and prescribe the rules of said hea f-ng, and the three arbitrators shall allow each party to present his pos_t:on and any information and witnesses that such party may have on the question before the Arbitration Board and upon the close .of the he3rir; and after a reasonable time, the arbitration Board shall render their award includin= a provision for payment of costs and expenses of arbitration to be paid 1 one or both of the parties hereto as the arbitrators deem just. d) The award of the majority of the arbitrators shall be bind- ing on the parties hereto and judgment tray be entered thereon in any Court having ju-isdiction thereof and the parties hereto agree to waive notice of said entry of judgment. 4. It is understood and agreed by and between the parties that the screening and buffering and plantings and establishment of a greenbelt as con- templates in this Agreement will not commence in 1974, but will be the subject of negotiations between the parties and will also be contingent upon adequate filling i_ of the area of the real estate being annexed as a part of this Ag-re_.ent. It is understood by the parties that this filling of land 'I'll be a"er a vide area of the real estate under consideration with emphasis in the i=:ediate future in the area of the small ponds and ditches colored attached to this Agreement and by this s reference a part hereof. It is agreed by Russell that the filling done on this property' will be a quality fill material approved by the City of Iowa City, Iowa. It is understood and agreed by and between Russell and the City that this area shall not be a sanitary land fill or a garbage dump and will rot become a nuisance to the neighborhood or the citizens of Iowa City, Iowa. 5. It is understood and agreed by and between the parties that pending the plant_ug of the greenbelt, screening and buffering devices, ani the con- structiar of the berms referred to in this Agreement, that tt:ere will be placed o_ the real estate being annexed an auto rec}w ling operation owned by Pat! Poulsen, and that said auto recycling operation will consist of generally, the plac _ent of automobile crushing equipment and the Storage of crushed automobil =s and automobiles waiting to be crushed on a temporary basis and the trucks and vehicles required for said operation will also be stored in said area. It is hereby agreed that this area shall not exceed five acres in size an.' that this auto recycling operation will be located initially in the area generally outlined in red on Exhibit "A" attached .to this Agree- ment and b- this reference made a part hereof. Russell agrees that this area will,be screened on a temporary basis pending the development of the plans heretofore referred to for comprehensive screening and, that said screening on a temporary basis shall be that as approved by the Building Departme__ of the City of Iowa City. Tn_t by virtue of a placement of the auto recycling operation owned by Paul Poulsen on the real estate being annexed, it is deemed by the parties to be necessary and in the interest of the parties and of the said Paul Poulsen that he be wade a party to this Agreement, and that his signature appears in this Agreement acknowledging that he accepts the terms and conditions of this Agreement and agrees to abide thereby. b. Pussell further agrees that no additional industrial use or other uses allo:-ed in an 11-2 area will be placed upon the real estate herein describe.' einless screened in compliance with existing Ordinances of the City of 10::2 City, Iowa, or future Ordinances of the City of Iol,*a C4ty. ?o�:-_=. is _-rzt-ar ...^,,reed that if any future Ordinance of the City of Ie>c Cit-. requires any screening in addition to that already referred to in this Agreement that Russell will provide said additional screening. 7. It is understood and agreed that the entering into of this Agreement b, the City does not in any way indicate approval of any construction on the real estate Vnich is a part of this Agreement, does not approve any platting o_` the real estate which is a part of this Agreement, or does not approve any zoning of the real estate which is a part of this Agree-2ent, and does not approve amy proposed or contemplated future zoning. By the enterin2 into of this Agreement, the City of Iowa City does not :naive any of the reSuirements of any Ordinances of the City of Iowa City in any respect; and Russell agrees to comply with all Ordinances"of the City of loos City in the develapment of the real estate which is a part of this Agreement. 8. It is further agreed by Russell that this Agreement shall be a covenant rt:aing with the land, and that this Agreement shall be filed of record in the.Courthouse in the Office of the Recorder of Johnson Count,:, Iowa, and That in the event any of the. real estate described herein is conveyed, sold or transferred in any way, that the Deed of convevence will contain a clause indicating that the real estate transferred to conveyed is subject to the provisions o= this Agreement. CITY OF IONL: CITY Ey : Uayori Attest: i - City Clerk j Gordon Russell I., Paul Poulsen, do hereby agree to comply with all of the terms and conditions of the Agreement specified herein. Palsi Poulsen Exa `, APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION - DATE:��/� — 02em PROPERTY PARCEL NO. M2?e174 C'>CA/ PROPERTY ADDRESS: PROPERTY ZONE: PROPERTY LOT SIZE: i6 77 �T APPLICANT: Name: /17 Cr Address: d75 J 5, Phone:j/ CONTACT PERSON: Name: VIe % /Z ^I,.9A j (if other than applicant) Address: Phone: c PROPERTY OWNER: Name: (if other than applicant) Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose for special exception: t //�� Date of previous application or appeal filed, if any: 7] -2- Please see 14.8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal descri to ion of property (attach separate sheet if necessary): 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; S. Parking spaces and trees -existing and proposed. *Submission of an 8'/2" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Specific Approval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. ^J J ~� 71 Q F... ,-. r-_ ;� `�.. c I \ VO N) Q -3- D. General Approval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information, not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. - � 191 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. C� < -f C � r.a 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. �r -4- 6. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14.4E as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K) j 7. The proposed use will be consistent with the Comprehensive Plan of the City. C5CI _r - r CZ) � N M 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 14-8C-2C-4, 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 14-8C-1E, 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 14-8C4 F, 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: /"/� 7 / , 20 6'6 Date: , 20 _ ppdadmhapplication-boase.doc l e f / /[T'"v/ 1-/ nature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) "C r� ACE AUTO RECYCLERS, INC. 2752 S. Riverside Dr. • Iowa City, IA 52246 • (318) 338-7828 1. This would not be detrimental or endanger any property adjacent to ours. We have had no problems in the past and do not foresee any in the future. By granting this exception it will allow us the opportunity to better serve the needs of Iowa City. With the city's increase in population — we need to expand. As the city grows so does the need for the all inclusive auto recycler. We have few neighbors and those we have are industrial. Our fencing will provide an adequate separation and screening for us. 2. I personally contacted our immediate neighbors who are industrial and everyone has been in favor of our project. They feel it will greatly enhance our area. 3. The exception will only invite new business to the area. With the screening and landscaping it will provide an attractive southerly entrance to the city. 4. Existing utilities are adequate. Our paving project and drainage have been finalized in our site plan. 5. There will be minimal traffic congestion on public streets with this development. It would not create any more traffic than what is now in existence. 6. We have and will continue to comply with the regulations and standards of the zone. We will meet the conditions of the agreement. 7. The proposed project will be a good fit for the comprehensive plan of the city; which proposes this area for industrial use. ACE AUTO RECYCLERS, INC. 2752 S. Riverside Dr. • Iowa City, IA 52246 • (319) 338-7828 14-4B 5. We are located at least 1,000 ft. from any residentially zoned property. The proposed I-2 zoning will be enclosed by an 8 ft. fence with landscaping to provide an attractive area in the buffer zone. There will be a 15 ft. wide firebreak around the perimeter. Salvage materials will not be piled against or higher than the height of the fence. There will be no storage of rags, paper, or similar combustible waste stored within 100 ft. of the property line. ACE AUTO RECYCLERS, INC. ` 752 S. Riverside Dr. • Iowa City, IA 52246 • (319) 338-7828 We need to upgrade our facilities. Our office is too small and we do not have adequate storage to recycle automobiles. With the increase in population in the lovia City area the numbers of junk autos have also increased. In 2003 we processed 3.804,920 Ibs of scrap which amounted to 1268 cars. In 2004 -- 5,51 1,180 lbs-1778 cars, By rezoning this parcel we would accomplish two things. We would have it building positioned in such a way that it would provide a natural screen. With the landscaping in front and around the building, it would be very appealing to the traffic passing by. It would also give us the upgrades we need to better serve the community. Ace Auto Recyclers, Inc. G m'' C� a� no —TJ �1 1 FT1 04/06/06 Ace Auto Recyclers 2952 S. Riverside Dr. Iowa City, Ia 52240 LANDSCAPING PROJECT Worksite: West lot line south end (north/south line) Norway spruce trees (Picea abies) will be used for the screening on the west side of the 8' solid fence. This species is often used in windbreak situations. Norway spruce is adaptable to various soil conditions and has a very rapid growth rate (up to 3' per season). They are relatively pest free. Norway spruce will be tree very suitable for this project. They will be planted 18'- 20' apart. Worksite: West lot line by old office Techny arborvitae (Thuja occidentalis techny) will be planted to screen the existing chain link fence bordering the old office. This plant was developed for its resistance to winter burn and drought damage. It is a great choice for tough sites. RMY INC. P.O. BOX 465, Iowa City, IA 52244 • 3191351-6356 e-mail: rindy@myexcel.com • FAX 3191341-6278 City of Iowa City MEMORANDUM Date: To: Board of Adjustment From: Sarah Walz, Associate Planner RE: EXC06-00003 First Presbyterian Church At our April meeting, the board voted to reconsider an application by the First Presbyterian Church for a special exception (EXC03-00006) to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single -Family Residential (RS-5) zone at 2701 Rochester Avenue. Copies of the previous staff report and additional information provided by the applicant are attached. FROM : REMAX REAL ESTATE CENTRE PHONE NO. : 319 337 4431 May. 04 2006 01:26PM P2 Iowa City Board of Adjustment The sales and asset values I gave you are intended to show similar size and design homes that have sold in the past year. They are in the east and north sides of Iowa City not affected. by University of Iowa students and staff. Homes in west Iowa City, much closer to the university will show higher value. ::. We do not have any comparable sales next to a columbariu3m in Iowa City because there are not any. You do have a letter from Thomas Carpenter of Des Moines on sales next to their church. .: The garden around our columbarium is designed. by Mary Lou Cray, she is a master gardener and a church member. Mick Gay's ashes will be .interred. here. home I parcel search I advanced parcel search I residential sale search I commercial sale search Pin 1024112007 Deed SHIELDS, MARK & JUDY Contract Address 2059 HANNAH JO CT IOWA CITY Class RESIDENTIAL Area 21000-Res Plat Map 10-24-1 N Legal 2945--37 VILLAGE GREEN SOUTH - PART 4A LOT 37 Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008 Land Value Dwelling Value Improvement Value Total Value 23,580 140,090 0 163,670 Prior Year Value Information Year Land Value Dwelling Value Improvement Value Total Value 2005 23,580 140,090 0 163,670 2004 23,580 126,800 0 150,380 2003 23,580 126,800 0 150,380 2002 23,580 116,190 0 139,770 2001 23,580 106,970 0 130,550 2000 21,040 99,610 0 120,650 Residential Building Information Occupancy Style Year Built Total Living Area Zero Lot Line 1 Story Frame 1996 1,433 Land Front Foot Information Lot Front Rear Side 1 Side 2 Main Lot 33.00 85.00 155.00 155.00 Sub Lot 2 0.00 47.00 140.00 140.00 Sale Information Sale Date Amount NUTC Recording SINGLE FAMILY/ACREAGE AGENT REPORT MLS #: 20053724 Status: Sold Ownership Type: Zero Lot Address: 2059 HANNAH 70 COURT City,State,Zip: Iowa City , 52240 Area: Iowa City DOM: 200 list Price: $169,000 Original Price: $184,500 Owner Name (L,F,MI): TJARKS, ALICIA List Agentl: KAROL MILLER (319) 530-6814 List Brokerl: LEPIC-KROEGER, REALTORS Off (319) 351-8811 List Agent2: List Broker2: Listing Date: 7/1/2005 Expiration Date: 2/1/2006 County: 7ohnson Assoc Doc 2 1 of 8 Subdivision: Builder: # Fireplaces: 1 Variable Rate: No Zoning: RES Mstr BR Level: Main Size: X Comm. to SB ($/%): 3% Lot Dim: Irregular Living Rm Level: Main Size: X T-Val: 0.00 Acreage: 0.00 Dining Rm Level: Size: X Lease Value: 0 SgFt Above: 1433 Kitchen Level: Main Size: X Fin SgFt Lower: 650 Family Rm Level: Size: X Tax ID: 1024112007 Garage Size: X Virtual Tour: Grss Tx (tatty/City): 2697.00 # BR FBath 3/4Bathj HBaths Tax Year Report: 2004 pper 0 0 0 0 Elementary School: Lucas Annual Assoc Fee: 0.00 ain 2 2 0 0 Jr./Middle School: Southeast Year Built: 1996 ower 2 0 1 0 High School: City New Construction: No otal 4 2 1 0 Internet: Yes Buyers Name: SHIELDS Pending Date: 1/17/2006 d P�Conven Selling Agent 1: CLAY CLAUSSEN (319) 331-9911 Closing Date: 1/24/2006 Sales Selling Office 1: RE/MAX REAL ESTATE CENTRE OM (319) 338-9888 AMENITIES: Sidewalks, Street Lights INTERIOR: Bookcases, Carpet, Tile, Other ROOMS: Family Room, LR Separate, Master On Main Level, Master Bath KITCHEN BREAKFAST: EQUIPMENT: Dishwasher, Disposal, Icemaker Line, Microwave Built In, Range/Oven, Refrigerator FEE INCLUDES: BASEMENT: Finished Rooms, Full PARKING: 2 Cars LAUNDRY TYPE: Laundry Room LAUNDRY LOCATION: Basement FIREPLACE TYPE: Gas FIREPLACE LOCATION: Other HEATING: Gas, Forced Air COOLING: Ceiling Fan, Central ENERGY RELATE: WATESER/WER: City Sewer, City Water CONSTRUCTION: Brick Partial, Vinyl EXTERIOR: Deck, Fenced Yard STORIES/STYLE: Ranch ROOF YPTE: Composition LOT DESCRIPTION: Less than .5 Acre PHOTO CODE: Broker Loaded POSSIBLE FINANCE: Cash, Conventional OWNERSHIP: IDX: No POSESSSION: Immediate SHOWING INSTRUCTIONS: Appt Office, Loc kbox Directions: SOUTH ON SCOTT BLVD.RIGHT ON WINTERGREEN,LEFT ON SJAMIE LANE,LEFT ONTO HANNAH 30 COURT. ema us eastside zero -lot wfm newer tue, wooll larrunateano carpeqto Do InstAneau now wareirVniiuiltn bookcases in the beautiful 4 season room. Family room in lower level. Large, nicely landscaped fenced yard with HUGE deck wired for sound and perfect for entertaining. Swingset Is reserved. Immediate possession. Addendum: Seller Disclosure Attached i ms mrummuon is ueemea renaoie, out not guarantees. home I parcel search I advanced parcel search I residential sale search commercial sale search Pin 1004177009 Deed VOGEL, TIMOTHY W Contract Address 31 COLWYN CT IOWA CITY Class RESIDENTIAL 20100-Res Area Plat Map 10-04-1 S Legal 1312--31 IDYLLWILD CONDOMINIUM S 31 COLWYN COURT Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008 Land Value Dwelling Value Improvement Value Total Value 43,940 150,330 0 194,270 Year Land Value 2005 43,940 2004 43,940 2003 43,940 2002 43,940 2001 43,940 2000 8,820 Occupancy Condominium Prior Year Value Information Dwelling Value Improvement Value 150,330 145,180 145,180 134,120 134,120 0 Residential Building Information Style Year Built 1 Story Frame 2000 Land Information Lot Basis Square Feet Sq. Ft. x Rate Sale Information Sale Date Amount NUTC 5/2/20.0.5 175,000 018 Court Ordered Safe Total Value 0 194,270 0 189,120 0 189,120 0 178,060 0 178,060 0 8,820 Total Living Area 1,643 Acres 8,787 0.20 Recording 3884-585 Iowa City Assessor Pin 1024112004 Deed RUNGE, JILLIAN A & MATTHES, REGGIE L Contract Address 2035 HANNAH JO CT IOWA CITY Class RESIDENTIAL Ma P 21000-Res Area Plat Map 10-24-1 N home I parcel -search I advanced parcel search I residential sale search I commercial sale search Legal 2945--34 VILLAGE GREEN SOUTH -PART 4A LOT 34 Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008 Land Value Dwelling Value Improvement Value Total Value 15,860 106,470 0 122,330 Prior Year Value Information Year Land Value Dwelling Value Improvement Value Total Value 2005 15,860 106,470 0 122,330 2004 15,860 96,580 0 112,440 2003 15,860 96,580 0 112,440 2002 15,860 93,160 0 109,020 2001 15,860 93,160 0 109,020 2000 15,860 98,260 0 114,120 Residential Building Information Occupancy Style Year Built Total Living Area Zero _Lot_Line 2 Story Frame 1995 1,249 Land Front Foot Information Lot Front Rear Side 1 Side 2 Main Lot 45.00 45.00 125.00 125.00 Sale Information Sale Date Amount NUTC Recording 2/27/2006 141,000 000 Normal Arms -Length Transaction 3996-189 Iowa City Assessor Pin 1003254014 Deed HARTMAN, JEANNE E Contract Address 13 CAMBORNE CIR IOWA CITY Class RESIDENTIAL Map 20100-Res Area Plat Map 10-03-2S Legal 1312--13 IDYLLWILD CONDOMINIUM S 13 CAMBORNE CIRCLE home I parcel search I advanced parcel search I residential sale search I commercial sale search Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008 Land Value Dwelling Value Improvement Value Total Value 43,940 125,100 0 169,040 Year Land Value 2005 43,940 2004 43,940 2003 43,940 2002 43,940 2001 43,940 2000 35,280 Occupancy Condominium Lot Basis Sq. Ft. x Rate Prior Year Value Information Dwelling Value Improvement Value 125,100 115,270 115,270 104,680 104,680 107,510 Residential Building Information Style Year Built 1 Story Frame 1993 Land Information Square Feet Sale Information Sale Date Amount NUTC 8/16/2005 171,000 008 Condominium Sale Total Value 0 169,040 0 159,210 0 159,210 0 148,620 0 148,620 0 142,790 Total Living Area 1,971 Acres 8,787 0.20 Recording 3929-560 i 1 ,,�' �:� �` � /n,fit ^ � f t - � � .. .. �. ._ 4 i �� �: �� �, r`y A� 4 V 1 `� l 7 ���~ o'�.`� � � � `� � .�-�-p i, � � � c �� j � � � � � �.: --' ._ k p� ((// _ _ Y ' � /f ...,, r. n.. t w��,_. �' <. _ �. ��.�. ate. � 1�'i� ��. STAFF REPORT To: Board of Adjustment Item: EX06-00003 2701 Rochester Ave GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code requirements: Prepared by: Sarah Walz Date: March 8, 2006 First Presbyterian Church 2701 Rochester Avenue Iowa City, IA 52245 Dick Brown 2905 Saddle Club Rd. NE Phone: 351-5408 Approval of a special exception to permit the expansion of a religious institution in an RS-5 zone To allow the installation of a columbarium on church property. 2701 Rochester Avenue 1.96 acres First Presbyterian Church; RS-5 North: Residential; RS-5 and OPD-5 South: Residential; RS-5 East: Residential; OPD-5 West: Residential; RS-5 Institutional 14-2A-2, religious institutions permitted by special exception in the RS-5 zone; 14-4A-61-3, Columbarium as an accessory use; 14-4B-4D-14, approval criteria for religious institutions located in RS-5 zones; 14-413-3, general standards for special exceptions. File Date: January 27, 2006 BACKGROUND: The First Presbyterian Church was built in 1974 when this property was zoned R1A, Single -Family Residence Zone. Churches were a permitted use in the R1A zone. In 1983 as part of a citywide rezoning, the City rezoned this property to RS-5, Low Density Single -Family. Religious institutions require a special exception in the RS-5 zone. Any expansion of the existing church on this property also requires approval of a special exception. In 2004, the First Presbyterian Church applied for and was granted a special exception to allow the construction of a columbarium on church property. The special exception was opposed by owners of three neighboring residential properties. The neighbors challenged Staff's interpretation that columbaria were an acceptable accessory use for religious facilities in the RS-5 zone. The neighbors contended that because the Zoning Ordinance specifically required RM-12 zoning for cemeteries and mausoleums, and because the Zoning Code did not address columbaria specifically, it was therefore beyond the jurisdiction of the Board of Adjustment to grant the special exception. A law suit challenging the special exception is pending. The Iowa City Zoning Ordinance was updated in 2005. The new code includes a new chapter that describes all land use categories (14-4A). The chapter provides descriptions of various principal uses associated with each land use category as well as the accessory uses associated with each principal use. (Religious Institutions are described on page 165 of the Zoning Ordinance.) Columbaria are listed as an accessory use (by special exception) for religious facilities. While the prior special exception is due to be challenged in district court, the church has chosen to avoid the delay of a trial and has reapplied for a special exception under the provisions of the new Zoning Ordinance. The applicant is now requesting a special exception to allow the construction of a 96 niche columbarium, which will allow storage for 192 urns. A columbarium is "a structure of vaults lined with recesses for cinerary urns" (Webster's Dictionary). The zoning code defines a religious institution as an organization having a religious purpose, which has been granted a Federal tax exemption as a section 501(c)(3) organization under the Internal Revenue Code, as amended, including churches, rectories, meeting halls, schools and the facilities related to their use. The columbarium is intended for use by members of the First Presbyterian Church and, as such, is a facility related to the use of the church. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-4B-4D-14, pertaining to religious institutions in the RS-5 zone, and the general standards for special exceptions as set forth in Section14-46-3. Specific Standards: 14-4134D-14 (page 199), Special Exceptions: Religious Institutions. This section requires that religious institutions have access to a collector or an arterial street and specifies minimum front and side setbacks of 20 feet and a minimum rear setback of 50 feet. The existing church with the proposed columbarium will meet or exceed all of these requirements. The standards also indicate that proposed religious use should be designed to compatible to adjacent uses. The proposed columbarium is located away from direct view from residential properties and is small in comparison to the church building; it measures 5 feet high and has a diameter of 7-10 feet. In addition to the wide setback, existing trees and shrubs provide screening along Rochester Avenue. The church anticipates no significant increase in traffic and therefore proposes no additional parking to accommodate the columbarium. Because of its proposed location, size, and anticipated use, in Staffs view, the columbarium will have no significant adverse affects of the livability of nearby residential uses due to noise, glare from lights, late -night operations, odors, or litter. General Standards:14-4B-3, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. There is an existing church on this property. In Staff's view the expansion of this religious institution to include a columbarium will have no foreseeable effect on public health, safety, comfort or welfare. The proposed columbarium is relatively small in scale (5 feet high and a radius of 7-10 feet) when compared to the existing church building. The columbarium will be located at least 50 feet away from Rochester Avenue and will not be highly visible from adjacent residential properties. Although the columbarium may generate occasional visitors, traffic associated with its presence is not expected to increase significantly from traffic already generated by the existing church services. The church has indicated that the proposed columbarium will not change the intensity of use of the property by its members and does not anticipate any need for additional parking. 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. As noted above, the columbarium will not be highly visible from the street or neighboring properties. The church property and the proposed location for the columbarium are screened by established trees and bushes along Rochester Avenue, and the front setback is more than the required 20-foot minimum setback. Traffic generated by the columbarium should not exceed the type of traffic that is generated for memorial or funeral services, which are already a part of church's function. The applicant has provided information on property values of homes located next to cemeteries and supporting statements from other churches that have established columbaria. Even though cemeteries are more intense uses than columbarium, the information submitted by the applicant indicates that the presence of a cemetery in a residential neighborhood in the Iowa City area has not had a diminishing affect on property values. c. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The surrounding residential properties are already fully developed. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate utilities, access and drainage are in place to serve the existing church on this property. The columbarium will not increase demand on these facilities. e. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The Church has two driveways onto Mt. Vernon Drive and one onto Rochester Avenue. The proposed columbarium would be located to the west of the driveway onto Rochester Avenue. As noted traffic associated with the columbarium should be negligible. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The proposed addition complies with the dimensional requirements for religious institutions in the RS-5 zone. Minimum 20-foot front and side setbacks and the 50-foot rear setback are met or exceeded by both the church building and the proposed columbarium. g. The proposed use will be consistent with the short-range Comprehensive Plan of the City. The Northeast District Plan, a component of the Comprehensive Plan, identifies this area as appropriate for institutional uses, which would include religious institutions. STAFF RECOMMENDATION: Staff recommends that EXC06-00003, an application for a special exception to allow a columbarium addition to a religious institution in the Low -Density Single- Family zone at 2701 Rochester Avenue be approved, subject to general compliance with the plans submitted with the application. ATTACHMENTS: 1. Location maps 2. Photos of site 3. Application 4. Correspondence Approved by: Y Robert Miklo, Senior Planner Department of Planning and Community Development O 't r Johnson County GIS Online Page 1 of 1 Johnson CountyOnline A F. r {,t R y { . yx Legend % f • ��� p Legend 13 Boundaries ' �,:, i �cantaftes S 5G Pamel Lines "J� yr IWv A t .a ,_ �, { & A ai p k .... Ira T pl A A U 2 16ft http://www.johnson-county.com/servlet/com.esri.esrimap.Esrimap?ServiceName jcmapOv... 3/2/2006 Z5 L 4 w ARPLICATION TO mrHE BOARD OF ADJUSTMENT -SPECIAL EXCEPTION - DATE: 1,13 j, � PROPERTY PARCEL NO. 1 n 19 2 7 wim PROPERTY ADDRESS: 2701 RnrhPRtAT Avem:e PROPERTY ZONE: _ R.; .� .. -. -_ ... PROPERTY LOT 8t7E: , , APPLICANT: N1l14t6: F3rat FrA0bytagiaa chlarr,11 Addre": Qches y Avenue. I(73ja_City per: 319-351-2660 CONTACT MKISON: Name: Dick browzl - ---- (If Ctffer that ippttcinf) Addma:22o5 Saddle citit Rd. 11. Phonat .a12-52.1-5UH PROPERTY OWNER: Name: EirSt ETC15byt-g rin-a rhiiTch (If vthtr than Applicarrt) Address: Phorw: Specific Requested Special ExmPlIlon; Appii aMe Sect n(s) of the Zoning Chapter: Purpose for spe m)exceptl6m. inaral3 -a r,o3xVb.arj inn for „Qa ..r nfi,,,-Vh mramhnrc Daft of previous application or appeal fitted, if any: � c�_- N. r x k _ice � jars _71 1 i Ctl -2- Please see 14$C•2 En the Code for more detailed infvrmartiorn on spacial excepiian application and approval procedures. planning staff are available to assist applicaotas with questions about the app11C#R On pr9CW or mguq dmo and standards In the Zoning Coda. INFO M611ON TO 8E PROVtt.b BY APPW2W- A. l ldgSCdPMM of property (attach separate sheet It necessary): W 196 AC of E 8.48 AC SE NW 1/4 :2-79-6 ?.ots 150-1 A Washington Park add. part 7 g, *Plot Rjan dMWn to acme showing_ 1. Lot with dimensions; 2. North Wnt and scale; 3. Existing and proPaaed atrucWraa with distasfaces from property Ilan; 4. Abutting streets and alleys; 5. Surrounding land uses, including the loemon and ree and owner of bath property opposites or abutting the property In question; B. PaMng aepsom and tress - existing and pan xwwi -Submission of an 8 W' x t V plot plan is prefarrad. G. Review: The Board of Adjustment is empowered #o grant special excaptions to the provisions of #W Iowa City Zoning Code ordy in c eumstsnces arpeeiflcedy enumerated within the Code. To ensure that the spirit of the ordinance in observed and substantial justice dons. no special eaccepdon shall be granted by the Murd unkes the applicant domonatmtes that an of the "ft and gwmvi approval crKe iat we mart, as described below. ' • in oardee' to grant as special exc ep&4 the Board must f d that ilea requeetsd Special OXCOPtion agents ttae specific approval criteria Get feyrtll within the zoning O*d4 with respect to the propoal exOWUo - In the spore pmvlded below or on an attached shy address s the areas of Board ratvvlwv that apply to the ape affic roquesterd spachad wmapdon. The applicant Is mgaualrad to prom specific Infcmation, not just opinions, thast ono litial the sted In requested special *=Opdon Moft "Ch of the epocft aapprov Zoning CCXM. jape► ft approvSi crtterw for gaw as special excepmm in the bme zone am sag forth in 1"5 4 of the Zoning Code. For athsr Insw of APDO ui 02cePtims • errerdiPatG&Wng to setbadw, parting r aqulasmon% etc.. refer to the relwant approval c+iteda Wod in the rude. Funning wuA 16 evallable to aasbt you in finding the role vott approval O taria for your re+gamted e`,weption.) Atta-;h aadd#ianad Oe * If nefthw&* Located on Rochester Avenue with a 28 ft. street set back will be at least 50 feet from Rochester Avenue. Front and side set back at least 20 feet. w 0 C N C - art r `-a tat cl W1 D. Conersi Agg,►�roi reft'la: The Board roust also find that the re4u"ted special excaptloR meets thO foliowing general approval criteria ar that tht fbilowing critprla do not apply. In the sputa provided below, or on an attached sheet, provide specific inforniatit?0, not just opinions, that demonstrate that the specific requested special exception meets tht gmwat approval crltede listed below or Nurt the approval criteria are not relevant In your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or gortarel wtlfsm. Parking lot or egress will not be. changed. This will not increase traffic or change the use of property by church members. L The *pacific proposed ex on will not be Injurious to the use and enjoyment of other props in the immadlate vicinity and will not sub$tantialiy diminish and impair property values in the nelghborhoo d. Property values next to s cemotary or columbari.um will. -not be affected. See property values on homes next to St. Joseph, Oakland and Memory Gardens cemptarfes. See evidence of home sales. I have researched real estate sales near cemeteries in Iowa City and North Liberty. Sale prices have continued to go up in these areas. I am a real estate professional with 25 years of experience. 3- Sstabilshmsnt of the specific proposed "caption will not impede the normal and orderly development and Improvement of tho sut wroding property for um m pwmlftd in the distrtet in which such property Is located. All lots in this area have been built on or sold. d. Adequate utiildes, access roads, &Wnelp andtor necassary faallities have ben or are being provided. This will not effect traffic and will not require any utilities. ry C r" cat rn -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. No change. All have already been established and constructed. 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14-4B as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).j Will meet set back with no additional parking required. 7. The proposed use will be consistent with the Comprehensive Plan of the City. Yes. Code will allow for religious uses and this allows the expansion of the church. This will be used only by church members. -S- E. the names and mailing adclmses of the morel owners of ate property located within 300 feet of the oxtorlof 11mits of the propoty involved In this appeal: A r-.31 c::) o -TI c-n co NOTE: Qgnditians In— permttting a special exception, the BoanTmay' impose appropriate conditions and safeguards, including but not limited to planting screens, fenaing, con bucWn eomm er Bement And empietfon deadlines, fighting, operational owbole, Impmed bilk circulation r+oqulrements, highway amass restrictions, Increased minimum yard requli^er wit, parking mQuiraMe:ritg, liniltationsr on tie duration of a use or ownership or any other requirement which the Board deems appropdiato under the oirommirtenoss upon a firming that the conditions are necessary to fulfill the purpoea and intent of the Zoning Ghsptor. ($mWn 14diW439, City Code). , Qom, Unless o1herwias determined by the board, all ordtm of the Board shaft expire Wx (d) monthe from the dates the wditen dwblon Is filed with the City Cleric, urt:eas the Applicant shelf haw taken action within the six (6) month period to estal fish the use or construct the building permitted under the terms of tits Board's declalan, such as by bbbdnft a building permit and proceeding to completion In accordance with the twms of the permit Upon written vaguest; and for good cause ohown, the Dowd may w*md the expiratlon date of ryI order without further public hearing on the mwft of the original appaai or application. (Section 144 W*3E, City Code). , fttMNh for writ .at.GOWDAd. Any pWW or NMMNI� lanth► or Sewrailly, MrieVed by any do*ion of the $otird areler the pl+ovlslons of the Zoning Chapter, or any taxpayer or any Offlow, d crfriumt or board of the City may preanrrt to a court of record a petition for writ of certiorari duly vaMled, setting forth that such dedslon 1 Illegal, c Codein whole r Sucin chh petition rt, owl GWi be pro g tW to the within thNotion irty (34} days after the filing of the de aftJon to the office of Ow City Clerk. N I rl ........ ......... . ....... .... . .. ..: .......... .......... * -�7, ............... .............. ....... .................. . ............... 7-/ ........... ............. ......... ............. . ............ ....... ....... 11 ............ .......... .......... .......................... J74 06- .............. O 3 M 't V 41p f. :{...Al `� a "•��. .. p p r <.. -.. a !'ell fee Vote 1 x i �,few at Vol ec toll VM;4 wool a IT I or of low. oI 9 M/ •.• lelor .. _ •..a t bat Of oll'. AL I x L iWe .. - } Vogl J%i r a I Ile LLL el Ell ol fewer y= we It S of we :. Sol of IV I I flow , If I too. k1A M�NAJF f err ofo ell J IN J6 w, ell `'•.••_/� -•\Ya '�'7� ,_ _ we wmdmdw� for IF for It 4 If fote, a "K IF ICK�IaF COLUMBARIA LLP 1 v 04 1 ,y,�•- '1lab of i` JAI IT of woft", Not 1few t >irIN I y %fob. T f i o �p 4111 qri or,T Vol If two k% low No All v 3'�4viof _ tr Jo;Oj of w ell Ile to .tip t*tit- PV y� '.' 11 of ". L or If foopopoot i' i;itVo If '_. Yk y s�I The AL Y# YORKIto el t 96 Niches • 192 UrnSpaces 5'4111PIF0" High x 7'-10" Dia"i eteof $27,000.00 Delivered to your cemetery SiX rich tiriC L: ran stone with 11rscrintion is additional Lac Du Bonnet granite niche front and cap stone. Six inch thick cap stone xvith inscription. Ojr2003 r ell J IN J6 w, ell `'•.••_/� -•\Ya '�'7� ,_ _ we wmdmdw� for IF for It 4 If fote, a "K IF ICK�IaF COLUMBARIA LLP 1 v 04 1 ,y,�•- '1lab of i` JAI IT of woft", Not 1few t >irIN I y %fob. T f i o �p 4111 qri or,T Vol If two k% low No All v 3'�4viof _ tr Jo;Oj of w ell Ile to .tip t*tit- PV y� '.' 11 of ". L or If foopopoot i' i;itVo If '_. Yk y s�I The AL Y# YORKIto el t 96 Niches • 192 UrnSpaces 5'4111PIF0" High x 7'-10" Dia"i eteof $27,000.00 Delivered to your cemetery SiX rich tiriC L: ran stone with 11rscrintion is additional Lac Du Bonnet granite niche front and cap stone. Six inch thick cap stone xvith inscription. Ojr2003 r -Tl 17) 1, PO C -J Cil m M FT O O O O U w UZ cn 0 Na NId1Nnom a O ® J Q O U W W U cep N O N z o V —LUFFWOOD LN Listing Custom Detail Page 1 of 2 Zoning: Lot Dim: 297X155 Acreage: 1.10 SgFt Above: 1675 Fin SgFt tower: 0 Tax ID: 63676004 Grss Tx (Cnty/City): 2420.00 Tax Year Report: 0 Annual Assoc Fee: 0.00 Year Built: 1868 New Construction: No MLS #: 19704475 Status: Sold Ownership Type: Single Family Address: 704 RENO ST City,State,Zip: Iowa City , IA 52245 Area: Iowa City CD Ust Price: $220,000 Original Price: $220, Owner Name (L,F,MI): GAINES GARY List Agentl: INACTIVE AGENT List Brokerl: Blank & McCune, The Real Estate C... Off(319) 3 List Agent2: Ust Broker2: Listing Date: 6/26/1997 Expiration Date: 11/17/1997 County: Johnson Subdivision: Mstr BR Level: Lower Living Rm Level: Lower Dining Rm Level: Lower Kitchen Level: Lower Family Rm Level: Garage Size: 0 X 0 Size: 14 X 11 Comm. to SB ($/%): 3.00 Size: 14 X 15 T-Val: Size: 14 X 12 Lease Value: Size: is X 11 Size: 0 X 0 # BR FBath 3/4Bath HBaths pper 2 1 0 ain 1 0 0 wer 0 1 0 otal 3 2 0 Elementary School: Mann Jr./Middle School: Southeast High School: City Internet: Yes I Pending Date: 10/31/1997 Sold Price: $214,000 Selling Agent 1: JEFF EDBERG (319) 331-618 Closing Date: 11/28/1997 Sales Term: Conventional Selling Office 1: COLDWELL BANKER REAL ESTATEO11(319) 351-: AMENITIES: INTERIOR: Cable TV Connections ROOMS: DR Separate KITCHEN BREAKFAST: EQUIPMENT: Dishwasher, Disposal, Range/Oven FEE INCLUDES: BASEMENT: Partial LAUNDRY TYPE: FIREPLACE TYPE: Wood Burning HEATING: Gas, Forced Air ENERGY RELATE: Water Heater -Gas CONSTRUCTION: Aluminum, Brick, Brick Frame STORIES/STYLE: 1.75 Stories LOT DESCRIPTION: Wooded POSSIBLE FINANCE: Cash, Conventional IDX: SHOWING INSTRUCTIONS: Directions: Addendum: PARKING: Carport, Detached LAUNDRY LOCATION: FIREPLACE LOCATION: In Living Room COOLING: WATER/SEWER: City Sewer, City Water EXTERIOR: Hot Tub, Patio ROOF TYPE: PHOTO CODE:,? r.a OWNERSHIP: �> ce POSSESSION: e 3 UNIQUE PROPERTY -WONDERFULLY RESTORED.THOR000HLY MODERN KITCHEN + WOODBU :7�:I RANGE.SKYLIGHTS,SOLARIUM,HOT TUB.UNFIN 3OX30 STUDIO ADDN.2 CITY LOTS.MAPLE FL DINING WINDOWS,BRICK WALL CONSTRUCTION.PRIVATE1 Ln CJ1 but not http://icaartnls. fnismis.comIParagon/search/CustomLayout.asp?view=29&layout_id=103&... 10/1 /2004 Pin 1002301014 Deed MACVEY, ALAN Contract Address 1124 CONKLIN LN IOWA CITY IA 52240-0000 Class RESIDENTIAL Map Area 20100-Res Plat Map 10-02-3N Legal home_ I parcel search I residential sale search I commercial sale search Current Value Information Land Value Dwelling Value Improvement Value Total Value 85,560 227,530 0 313,090 Residential Building Information Occupancy Style Year Built Total Living Area Single_ -Family / Owner Occupied 2 Story Frame 1910 2,958 Description SMALL BARN 20 X 32 Lot Basis Acres x Rate Acres x Rate Acres x Rate Yard Extra Information Item Count Land Information Square Feet Sale Information Sale Date Amount NUTC 11 /30/1999 405,000 021 Lot Assessed as Unplatted Land 5/13/1977 74,500 000 Normal Arms -Length Transaction '3 9F_ ,o w0 Sketch Yearuilt 1 c_- 1920 [TI A -&es 43,560 1.00 csi 8,712 0.20 219,107 5.03 Recording 2873-63 487-91 1 Of 5 MLS #: 19907290 Status: Sold Ownership Type: Single Family Address: 1124 CONKLIN LN C1ty,State,Zip: Iowa City , IA 52245 Area: Iowa City DOM: 153 List Price: $398,000 Original Price: $398,000 Owner Name (L,F,MI): MACINDOE List Agenti: LYNN WEINSTEIN (319) 400-03SS List Brokerl: Blank & McCune, The Real Estate C... Off (319) 354-9440 List Agent2: List Broker2: Listing Date: 9/8/1999 Expiration Date: 2/8/2000 County: 7ohnson Assoc Doc 0 Subdivision: Builder: #Fireplaces: 0 Variable Rate: No Zoning: Mstr BR Level: Lower Size: 16 X 17 Comm. to SB ($/%): 2.50 Lot Dim: Living Rm Level: Lower Size: 18 X 15 T-Val: Acreage: 6.23 Dining Rm Level: Lower Size: 16 X 11 Lease Value: SqR Above: 2978 Kitchen Level: Lower Size: 25 X 12 Fin SgFt Lower: 0 Family Rm Level: Lower Size: 21 X 17 Tax ID: 1002301014 Garage Size: 0 X 0 Virtual Tour: Grss Tx (Cnty(City): 3202.00 # BR FBath 3/4Bath HBaths Tax Year Report: 0 pper 3 2 0 Elementary School: Mann Annual Assoc Fee: 0.00 ain 1 1 0 Jr./Middle School: Southeast Year Built: 1910 wer O 0 0 High School: City New Construction: No ota1 4 3 0 Internet: Yes Buyers Name: MAEVEY Pending Date: Sold Price: $405,000 Selling Agent 1: KAY BRAVERMAN (319) 331-1642 Closing Date: 11/30/19" Sales Tenn: Conventional Selling Office 1: LEPIC-KROEGER, REALTORS Off (319) 351-8811 AMENITIES: INTERIOR: Cable TV Connections, Whirlpool ROOMS: ist Floor Family, DR Separate, Other KITCHEN BREAKFAST: EQUIPMENT: Dishwasher, Disposal, Range/Oven, Refrigerator, Dryer, Washer FEE INCLUDES: BASEMENT: Block, Crawl, Full PARKING: Detached, 2 Cars LAUNDRY TYPE: LAUNDRY LOCATION: FIREPLACE TYPE: FIREPLACE LOCATION: In Great/Family RqW HEATING: Gas, Forced Air COOLING: Central ENERGY RELATE: Water Heater -Gas WATER/SEWER: City Sewer,�J ater CONSTRUCTION: Frame, Vinyl EXTERIOR: Deck, Patio, Porch -r STORIES/STYLE: 2 Stories ROOF TYPE:. LOT DESCRIPTION: Wooded PHOTO CODE: _ POSSIBLE FINANCE: Cash, Conventional OWNERSHIP: m� POSSESSION: SHOWING INSTRUCTIONS: D J1 Directions: NORTH ON DODGE/SOUTH ON CONKLIN C iDti Remarks: BREATHTAKING PROPERTY! COMPLETELY UPDATED W/SPECTACULAR ARCHITECTURALLY DESIGNED ADDITIONS: 16X29 SCREENED PORCH, MULTI -LEVEL DECKING, EAT -IN KITC HEN, MSBDRM SUITE. PROFESSIONAL LANDSCAPING..BEYOND BELIEF. MUST VIEWI ORIG INAL CARRIAGE HOUSE (AS IS). POSSIBLE LAND DIVISION (CALL L.O.) 5 ACRES FOREST RESERVE. Addendum: This information is deemed reliable, but not guaranteed. Iowa City Assessor Pin 1002351013 Deed MOWERY, GLEN R Contract Address 1026 SAINT CLEMENTS ALY IOWA CITY IA 52240-0000 Class RESIDENTIAL Area 20100-Res Plat Map 10-02-3S home_ I parcel search I residential sale search I commercial sale search 2591-- ST. MATTHIAS 2ND ADDI TION COM SE COR INTER ST CLEMENTS ALLEY WITH ST PETERS ALLEY; N 65 DEG E 143; S 35 DEG E 387'; S 6 DEG Legal E 513% S 85 DEG W 24'; N 59 DEG W 294% S 72 DEG W 145' TO E/L OF ALLEY; N 295'; N 65 DEG E 154% N 90'; Current Value Information Land Value Dwelling Value Improvement Value Total Value 69,400 82,770 0 152,170 Residential Building Information Occupancy Style Year Built Total Living Area Single-Family_/_Owner Occupied 1 Story Brick 1900 955 Yard Extra Information O Description Item Count fb Bu Sheds 1 0 ;=t960 ;- 71 Land Information Lot Basis Square Feet Acres Acres x Rate 43,560 1.00 Acres x Rate 163,786 3.76 Sale Information Sale Date Amount NUTC Recording 12/15/2003 205,000 000 Normal Arms -Length Transaction 3679-587 Johnson County GIS Online I ; 1109 t 1107 cam} 1120 t i1116 m 1 .1114' Noaor 111211 ( I 1108 a I 1 1106 1100 1102 n 1030 I II 1032 S t I1039 1026 �I 1020 1029 1030 � 1018 1029 ,IOWA CITY . 1026 1025 1014 c ?: 1012 - i 1006 - ' II 11 1007 1002 I I 1005 I l tI Il Johnson County�0 II I t 5 „o mOverview I Legend Legend Highlighted Feat 13 Political Bounda Centerlines Centerline Labe! Parcel Lines Pxce ut. RX0N NR.yr. & 1Vsy f tl:sXr,c� Parcel Lines TEI Psroc± u Psx R!V.. d .V W 1 ,/ eb�Xr�ci County Boundai Parcel TEMP Ho Numbers Parcel TEMP Po 0 90... ® Coxlnn^npn CaT.y.r_- D' ■ Tamp RC<.V Parcel House Nt Parcel Potygons so- CnxSrmn �ro Cu�ca •�r S.gc ■ Tamp RCr.V MLS #: 20033601 Status: Sold Ownership Type: Single Family Address: 1026 ST CLEMENTS City,State,Zip: Iowa City , IA 52240 Area: Iowa City DOM: 82 List Price: $250,000 Original Price: $250,000 Owner Name (L,F,MI): VRCHOTICKY, DONALD IN... List Agentl: BARB ROBERTS (319) 887-6385 ext.. list Brokerl: GATEWAY ACCESS REALTY Off (319) 665-4300 List Agent2: POLLY RIGGAN (319) 631-1432 List Broker2: IOWA REALTY Off (319) 354-0581 Listing Date: 9/12/2003 Expiration Date: 12/28/2003 County: Johnson Assoc Doc 0 Subdivision: Builder: # Fireplaces: Variable Rate: No Zoning: RM-12 Mstr BR Level: Upper Size: 13 X 12 Comm. to SB ($/%): 3.0 Lot Dim: 4.76 ACRES M/L Living Rm Level: Main Size: 13 X 13 T-Val: 0.00 Acreage: 4.76 Dining Rm Level: Main Size: 11 X 12 Lease Value: 0 SgFt Above: 955 Kitchen Level: Main Size: 12 X 9 Fin SgFt Lower: 0 Family Rm Level: None Size: X Tax ID: 1002351013 Garage Size: 24 X 30 Virtual Tour: Grss Tx (Cnty/City): 1881.00 # BR FBath 3/4Bathj HBaths Tax Year Report: 2002 Jpper 2 1 0 0 Elementary School: Mann Annual Assoc Fee: 0.00 lain 0 0 0 1 Jr./Middle School: Southeast Year Built: 0 wer 0 0 0 0 High School: City New Construction: No rotal 2 1 0 1 Internet: Yes Buyers Name: MOWERY Pending Date: 12/3/2003 Sold Price: $205,000 Selling Agent 1: MARY DAVIN (319) 338-7549 Closing Date: 12/15/2003 Sales Term: Conventional Selling Office 1: DICK DAVIN REAL ESTATE Off (319) 338-7549 AMENITIES: None INTERIOR: ROOMS: DR Separate KITCHEN BREAKFAST: EQUIPMENT: FEE INCLUDES: None BASEMENT: Block, Entrance -Inside PARKING: Detached, Garage LAUNDRY TYPE: LAUNDRY LOCATION: Basement FIREPLACE TYPE: FIREPLACE LOCATION: None HEATING: Forced Air COOLING: Central ENERGY RELATE: Water Heater -Gas WATER/SEWER: City Sewer, City Water CONSTRUCTION: Brick, Frame EXTERIOR: Outbuildings STORIES/STYLE: 2 Stories ROOF TYPE: Metal/Steel LOT DESCRIPTION: 2-5 Acre PHOTO CODE: POSSIBLE FINANCE: OWNERSHIP: IDX: No POSSESSION: Negotiable SHOWING INSTRUCTIONS: Lockbox Directions: NORTH DODGE TO ST CLEMENTS Remarks: 4.76 ACRES ZONED RM-12, 1 1/2 STORY TURN OF THE CENTURY HOME WITH 2 LARGE OUTBUILDINGS SURROUNDED BY WOODED RAVINES. HOUSE "AS IS". COMMERCIAL POTENTIAL. CO -LISTED WITH POLLY RIGGAN. _ na Addendum: r i T This information is deemed reliable, but not guaranteed. Crl Johnson County GIS Online 525 a.. ,.f.a 523 �, �5, S03 u= 2407 i 24522-7 4 2/706 ¢ 2411 242423 2427 z._9.'_k 241504 53/,,52652274 530 12 � 2410 240624125022510 5372618, 2418 2506 534 '2610 , 2606 �g 'PA FRIENDSHIP ST 2319� 1 1 " ( I °' 2401 2409i 2417, 2503 2513 s s 2617' 2405 2 2603 607 -�_em,2413 T501 2509b Z517 601 2 .2609 2613 2615 812 2600 2430 2500 IOWA CITY 2434 2424 2412 2402 2614` 2620 ? 2720 t hkUSCATINE AVE [V:� 2525 2611 2621 Johnson Counowa 2005, f . 1020 "'"""`i D C M N 2656 2707 t 2709 1 2721 Legend Highlighted Feature Political Boundaries Cenledines Centefine Labels El Mobile Homes Parcel Lines A/ Pscd W. a ra \� 4 ' + { j CJ'1 Iowa I Pin 1013254021 Deed ILGENGRITZ, RYAN M & LAUREN E Contract Address 2502 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Ma P Area 20900-Res Plat Map 10-13-2S home I parcel search I residential sale search I commercial sale search Legal 0821--13A EAST HILL CONDOMINIUM S UNIT 13A Current Value Information Land Value Dwelling Value Improvement Value 23,260 108,340 Residential Building Information Occupancy Style Year Built Condominium Split Foyer Frame 1998 Lot Basis Sq. Ft. x Rate Sale Date 6/1 /2005 8/7/2002 8/61/1.999 Land Information Square Feet Sale Information Amount NUTC 142,000 008 Condominium Sale 135,000 008 Condominium Sale 118,500 008 Condominium Sale Building Permit Information Date Number Amount 11 /4/1998 98-0724 Sketch Total Value 0 131,600 Total Living Area 956 Acres 7,383 0.17 Recording 3886-441 3354-698 2804-227 O C3 C. -� (-Reaseh `° l 0 New Qwl6'? ' c.n home I parcel search I residential sale search I commercial sale search I Pin 1013254019 Deed CHRISTENSON, SHAUN, CHRISTENSON, DANA Contract Address 2512 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Map Area 20900-Res Plat Map 10-13-2S Legal 0055--12A 12A-12B EAST HILL CON DOMINIUMS 12A-12B EAST HILL CONDOMINIUMS UNIT 12A 1 OF 2 Photo: 1 2 Photo Comments Current Value Information Land Value Dwelling Value Improvement Value 20,930 111,150 Residential Building Information Occupancy Style Year Built Condominium Split Foyer Frame 1999 Lot Basis Sq. Ft. x Rate Sale Date 5/25/2004 9/30/1999 7/1 /1999 Land Information Square Feet Sale Information Amount NUTC 134,000 008 Condominium Sale 107,900 008 Condominium Sale 40,500 034 Vacant Lots Building Permit Information Total Value 0 132,080 Total Living Area 956 Acres 4,650 0.11 R&brding O C a c 3742-224 ' I 281-192 - F85-56 , �. Cn rn home I parcel search I residential sale search I commercial sale search I Pin 1013254018 Deed GEHRIS, CATHERINE E REDDING Contract Address 2514 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Map Area 20900-Res Plat Map 10-13-2S Legal 0055-12B 12A-12B EAST HILL CON DOMINIUMS UNIT 12B 1 OF 2 Photo: 1 2 Photo Comments Current Value Information Land Value Dwelling Value Improvement Value 20,930 109,650 Residential Building Information Occupancy Style Year Built Condominium Split Foyer Frame 1999 Lot Basis Sq. Ft. x Rate Sale Date 3/31 /2004_ 10111/1.999 7/1 /1999 Land Information Square Feet Sale Information Amount NUTC 135,000 008 Condominium Sale 109,854 008 Condominium Sale 40,500 034 Vacant Lots Building Permit Information Total Value 0 130,580 Total Living Area 928 Acres 4,650 0.11 t._ }=Recrding�--� C ) 37FP177 IT! -a 2W4268 :J � 274$-56 (A rn home I parcel search I residential sale search I commercial sale search i Pin 1013254015 Deed OBRIEN, MICHAEL J Contract Address 2532 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Map Area 20900-Res Plat Map 10-13-2S Legal 0043-10-A 10A-10B EAST HILL CON DOMINIUMS UNIT 10A Current Value Information Land Value Dwelling Value Improvement Value 20,670 107,470 Residential Building Information Occupancy Style Year Built Condominium Split Foyer Frame 1999 Lot Basis Sq. Ft. x Rate Sale Date 8/7/2003 4/5/_2000 9/3/1.999 Date 9/1/19 Land Information Square Feet Total Value 0 128,140 Total Living Area 956 Acres 4,594 0.11 Sale Information 99 Amount NUTC Recording 134,000 008 Condominium Sale 3669-883 111,400 008 Condominium Sale 2931-14 40,500 034 Vacant Lots 2823-327 Building Permit Information ©� Number Amount so 99-0629 147,659 New Dwl, ry tom} --j Sketch cn —4 home I parcel search I residential sale search I commercial sale search Pin 1013254012 Deed FRANTZ, AMY R,TSHILUMBA, JEAN-CLAUDE Contract Address 2542 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL IaP Area 20900-Res Plat Map 10-13-2S Legal 01 7-9A 9A-9B EAST HILL CONDO MINIUMS UNIT Current Value Information Land Value Dwelling Value Improvement Value Total Value 20,930 120,840 0 141,770 Residential Building Information Occupancy Style Year Built Total Living Area Condominium 2 Story Frame 2001 1,432 Land Front Foot Information Lot Front Rear Side 1 Side 2 Main Lot 75.00 75.00 122.00 122.00 Sale Date 7/21 /2002 7/12/2002 9/28_/2001 7/_1.2/2001 Date Sale Information Amount NUTC 129,500 008 Condominium SaleN��d� 152,900 008 Condominium Sale``�� 143,325 008 Condominium Sale 40,000 034 Vacant Lots 7/10/2001 Recording 3341-248 3340-79 3152-434 3093-170 cr, Building Permit Information 0 r-- "�w -5 1;! Y�. Number Amount ti�-Reas�i I 01-00403 155,656 New v=� "j r µel .j -0 t r cn home I parcel search I residential sale search I commercial sale search Pin 1013255001 Deed BOUDREAU, RYAN L,KATTRE, ROBIN C Contract Address 2552 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL la P Area 20900-Res Plat Map 10-13-2S Legal 01 0--8A 8A-813 EAST HILL CONDO MINIUMS UNIT Current Value Information Land Value Dwelling Value Improvement Value Total Value 21,670 118,390 0 140,060 Residential Building Information Occupancy Style Year Built Total Living Area Condominium- Split Foyer Frame 2000 1,040 Land Front Foot Information Lot Front Rear Side 1 Side 2 Main Lot 73.00 87.00 121.00 121.00 Sale Information Sale Date Amount NUTC Recording 7/25/2.0.03 137,000 008 Condominium Sale 3608-133 3/19/2001 130,000 008 Condominium Sale 3045-744 1 /25/2000 40,000 034 Vacant Lots 2899-268 Building Permit Information Date Number Amount mason 2/7/2000 00-00083 160,026 New Dwlg3 n' Sketch` b V home I parcel search I residential sale search I commercial sale search Pin 1013255002 Deed MAPLE GROVE FARM OF WELLMAN INC Contract Address 2554 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Area 20900-Res Plat Map 10-13-2S Legal 8B 0-86 8A-8B EAST HILL CONDO MINIUMS UNIT Current Value Information Land Value Dwelling Value Improvement Value Total Value 21,670 118,390 0 140,060 Residential Building Information Occupancy Style Year Built Total Living Area Condominium Split Foyer Frame 2000 1,040 Land Front Foot Information Lot Front Rear Side 1 Side 2 Main Lot 73.00 87.00 121.00 121.00 Sale Information Sale Date Amount NUTC Recording 1 /5/2005 149,365 008 Condominium Sale 3839-20 12/29/2004 0 006 Sheriff or Tax Sale 3832-842 5/21 /2001 132,600 016 Improvements After Jan. 1 of Sale Year, but Prior to Actual Sale Date 3066-136 1 /25/2000 40,000 034 Vacant Lots 2899-268 0 cm c' Building Permit Information Date Number Amountsorr+ 8/1/2000 00-00592 4,500 Bsmt Finish._... � 2!712000 00-00083 160,026 New Dwl `� 7-, 9 0 Y cn -i home I parcel search I residential sale search I commercial sale search Pin 1013254008 Deed CLARK, ELIZABETH C,CLARK, JONATHAN K Contract 2562 CATSKILL CT Address IOWA CITY IA 52240-0000 Class RESIDENTIAL Map 20900-Res Area Plat Map 10-13-2S Legal 01121--7A 7A-7B EAST HILL CONDO MINIUMS UNIT 7 Current Value Information Land Value Dwelling Value Improvement Value 23,250 150,780 Residential Building Information Occupancy Style Year Built Condominium Split Level Frame 2000 Lot Basis Sq. Ft. x Rate Land Information Square Feet 1 OF 2 Total Value 0 174,030 Total Living Area 1,428 Acres 6,888 0.16 Sale Information Sale Date Amount NUTC Recording 8/12/2003 174,500 000 Normal Arms -Length Transaction 3622-335 6/23/2000 171,727 008 Condominium Sale 2979-120 Building Permit Information > T1 Date Number Amountea �- 11/16/1999 99-00874 295,304 New -v ?> �� cn Sketch _.j home I parcel search I residential sale search I commercial sale search Pin 1013281017 Deed FISHER, ERIC K & KRAMARENKO, GALINA G Contract 2616 CATSKILL CT Address IOWA CITY IA 52240-0000 Class RESIDENTIAL Map 20900-Res Area Plat Map 10-13-2S Legal 0114-5A 5A-513 EAST HILL CONDO NMINIUMS 5A- 5B EAST HILL CONDOMINIUMS UNIT 5A Current Value Information Land Value Dwelling Value Improvement Value 20,580 139,430 Residential Building Information Occupancy Style Year Built Condominium Split Level Frame 1999 Lot Basis Sq. Ft. x Rate Land Information Square Feet Sale Information 1 OF 2 Total Value 0 160,010 Total Living Area 1,720 4,573 Acres 0.11 Sale Date Amount NUTC Recording 7/14/2004 167,000 008 Condominium Sale 3768-597 7/15/1999 137,500 008 Condominium Sale 2785-125 11 /1_2/1.998 42,500 034 Vacant Lots r o 2620-298 U 1 Building Permit Information C� C -n Date Number Amount 1/14/1999 98-0825 160,000 (I�easf New Dwl l v ('i j D C.n -► j home I parcel search I residential sale search I commercial sale search Pin 1013281016 Deed KUENNEN, GREGORY S Contract Address 2618 CATSKILL CT IOWA CITY IA 52240-0000 Class RESIDENTIAL Ma P Area 20900-Res Plat Map 10-13-2S Legal 0114--513 5A-513 EAST HILL CONDO NMINIUMS UNIT Current Value Information Land Value Dwelling Value Improvement Value 20,580 138,850 Residential Building Information Occupancy Style Year Built Condominium Split Level Frame 1999 Lot Basis Sq. Ft. x Rate Land Information Square Feet Sale Information 20172 Total Value 0 159,430 Total Living Area 1,720 Acres 4,573 0.11 Sale Date Amount NUTC Recording 3/1.0/2004 157,950 008 Condominium Sale 3705-799 1_/1_8/2002 - - -- 150,000 008 Condominium Sale 3215-34 8/1.0/1999 119,380 008 Condominium Sale C 3 2804-263 11 /12/1998 42,500 034 Vacant Lots - 26M298 '_� tM - 0 Building Permit Information � Date Number Amount � Reason 1/14/1999 98-0825 160,000 New Dwlg -�l Johnson County GIS Online I 525 522 523 5�03. y 2407_ ' 2431 529 Ui �5' 2�4 �70 2 4706 52604 52 0�2423 2427 7 57 533 4P 530 2 Z 24� Sill 12 0510 531 9a 2406 2414 252 2Z_ 2618 18 0537 24256 2610 14�5342606 S SIPT FRIENDSHIP S\ 2319 t ; �240124052409 2417 2503 2513 ~~ 2617 -`-� 2413 2501 2509 2517 2601 2603 2607 2609 2613 2615 j ■991 Offtfit, U71RUS 26S6 812 s i 2600 2430 2500 J 2425 2525 JohnsonCounty 2005 i IOWA CITY jiM 2608 2562 V 2552 2534 l� 2524 P-00 2514 P. v x r V244 4 2360 2434 2424 2412' 2402 `1 2614 2620 2720 D a � S t!USCATINE AVE G p 4 to 1 2611 I 2621 2707 2709 2721 a 1020% I/.... 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I Administration _ I Voting .._.I Public Land Survey _J Transportation _I Zoning -I Aerial Photography (.:' 2003 Ortho Index FeJ 2003 Orthos EJ 2002 DNR CIR FD 2001 Orthos (Iowa City and Coralville On _ILand Records Refresh Map [] Auto Refresh Help J A closed group, click to open. -I An open group, dick to close. -I A hidden group/layer, click to make visible. A visible group/layer, click to hide. J A visible layer, but not at this scale. An Inactive layer, click to make active. The active layer. Johnson County GIS Online An Internet Mapping Application of the Johnson County, Iowa GIS i zc -Tj N 71 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT APRIL 13, 2006 EMMA J. HARVAT HALL — IOWA CITY, CITY HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Dick Brown, Mary Lee Dixon, Nestor Lobodiak CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 PM. CONSIDERATION OF THE MARCH 8. 2006 MINUTES MOTION: Alexander moved to approve the March 8, 2006 minutes as submitted. Wright seconded the motion. Motion passed 5:0. SPECIAL EXCEPTIONS: EXC06-00006: Discussion of an application submitted by Viktor Tichy for a special exception to the establishment of a daycare center serving up to 30 children and to reduce the minimum 5-foot setback requirement for parking in the side yard along the alley for property located in the Low Density Single -Family Residential (RS-5) zone at 1020 Kirkwood Avenue. Leigh noted that the application was withdrawn by the applicant. APL06-00002: Discussion of an application submitted by S&J Development for an appeal of the City's determination of a stream corridor on property located in the Rural Residential (RR1) zone and Interim Development Single Family Residential (IDRS) zone west of Rohret Road and north of Slothower Avenue. Leigh said the application was deferred by the applicant. EXC06-00003: Discussion of a request to reconsider an application submitted by First Presbyterian Church for a special exception to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single -Family Residential (RS- 5) zone at 2701 Rochester Avenue. Brown, 2905 Saddle Club Road, NE, said that he has additional information to present to the Board incl uding information on landscaping planned for the site and real estate information. He asked for reconsideration of the special exception in front of the entire Board. Lobodiak, 229 Green Mountain Drive, said that the burden of proof and persuasion by the applicant to show that there will not be substantial diminution of property values was addressed by the four board members, and there is no necessary ground for reconsideration. Holecek instructed the Board that because the application failed with a 2:2 vote someone from the prevailing opposed side would need to make the motion to reconsider. MOTION: Wood moved to reconsider the Special Exception EXC06-00003. Shelangouski seconded the motion. Motion passed 5:0. OTHER: Alexander asked if there was any news regarding the Shelter House case. Holecek said that the appeal is still pending in the docket before the Supreme Court. Walz provided board members with corrected pages to the Zoning Ordinance. ADJOURNMENT: The meeting adjourned at 5:10 PM. s:/pcd/minuteslboa/2006/04-13-06.doc O 00 O 00 C) x x X x x O O t-- 00 O, w 0 0 0 0 0 •O ' po >, �� xccz