HomeMy WebLinkAbout12-10-2008 Board of AdjustmentAGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, December 10, 2008 - 5:00 PM
Emma J. Harvat Hall
A. Call to Order
B. Roll Call
C. Consider the September 10, 2008, minutes
D. Special Exception Items
EXC08-00016: An application submitted by University of Iowa Community Credit
Union for a special exception to allow a drive -through bank facility to be located in
the Commercial Office (CO-1) zone at the southwest corner of Dodge Street and
Scott Boulevard.
E. Other
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING January 14, 2009
STAFF REPORT
To: Board of Adjustment
Item: EXC08-00016
UICCU Dodge St. & Scott Blvd.
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND INFORMATION:
Prepared by: Doug Ongie, Planning Intern
Date: December 10, 2008
University of Iowa Community Credit Union
825 Mormon Trek Boulevard
319-339-1000
Dick Noble
825 Mormon Trek Boulevard
319-339-1000
Drive -through facility in the CO-1 zone
To allow drive -up bank and ATM service
Southwest corner of Dodge Street and Scott
Boulevard
3.87 acres
CO-1 (Office Commercial)
North: Residential (ODP-5)
South: Residential (ODP-5)
East: Public Park (P-1) and Residential (RS-5)
West: Undeveloped (RDP)
14-4C-2K, Specific criteria for drive -through
facilities; 14-413-3A, General approval criteria
for special exceptions.
November 12, 2008
The applicant, University of Iowa Community Credit Union (UICCU), is requesting a special
exception to allow a drive -through facility. The subject property is located in the Office
Commercial (CO-1) zone, which allows drive -through facilities by way of special exception. The
proposed drive -through facility will contain three drive -up lanes: two lanes will be used for drive -
up teller service and one lane will be used for an ATM machine.
The subject property is located south of Dodge Street and west of Scott Boulevard and was
rezoned from Research Development Park (RDP) to Office Commercial (CO-1) in November,
2008. The UICCU intends to build a corporate office building to house their administrative
headquarters and a branch bank facility with a drive -up teller and ATM service.
2
Properties located to the north and south of the bank site are developed with residential uses.
Land to the east of the bank is currently undeveloped, including the property zoned P1, which is
the future location of a new fire station. East of Scott Boulevard and south of Dubuque Road is a
parcel of land zoned Low -Density Single -Family Residential (RS-5), which has potential to be
further developed in the future —the Comprehensive Plan has designated this area as appropriate
for future Office Research Park zoning. A steep wooden ravine separates the bank property from
the Press Citizen property to the west.
ANALYSIS:
Specific approval criteria for drive -through facilities (14-4C-2K).
a. The number of drive -through lanes, stacking spaces and paved area necessary for
the drive -through facility will not be detrimental to adjacent residential properties or
detract from or unduly interrupt pedestrian circulation or the commercial character of the
area where it is located. To promote compatibility with surrounding development, safe
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of the drive -through to rear or side access, requiring directional signage,
limiting the number of lanes and/or amount of paving, and limiting or prohibiting the use
of loudspeaker systems.
As stated above, the applicant is proposing a three -lane drive -up facility with a maximum of 19
stacking spaces— two lanes will be used for drive -up teller service and one lane will be used for
an ATM machine. The term stacking spaces refers to those spaces designed to accommodate
vehicles that are waiting to access the drive -up teller or ATM service. The proposed site plan
shows a total of 16 stacking spaces: a total of 12 for the two drive -up teller service lanes and 4
for the ATM machine lane. As illustrated on the site plan, vehicles enter the drive -through by
continuing straight (west) from the entrance on Scott Boulevard and circulating counter
clockwise to the covered teller area.
The proposed drive -up lanes are located more than 300 feet from the nearest residential
property to the north —the bank building will block views of the drive -through facility from Dodge
Street and other areas to the north. More than 200 feet separate the nearest residential
property to the east from the drive -up lanes, and more than 300 feet from the nearest residential
property to the south. Because cars using the drive -through lanes are pointed west and north,
glare from the headlights waiting for service will be directed away from the residential property.
Tall S31 landscape screening is required along the south and east boundaries of the property in
order to screen the parking area from nearby residential property. Staff believes distance and
the required landscape screening shown on the proposed site plan will buffer any present or
future residential development from noise or light glare associated with the drive -through
operation.
A pedestrian crosswalk connecting the south parking lot to the building entrance crosses in front
vehicles leaving the drive -up area. The applicant has indicated that pavement markings and
signs will be used to warn motorists of the pedestrian crosswalk.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street capacity and
level or service, effects on traffic circulation, access requirements, and pedestrian safety.
The intent of S3 screening is the highest level of landscape screening and uses dense vegetation to provide a visual and physical
separation between uses and zones. The S3 standard requires enough shrubs and small evergreens to form a continuous screen or
hedge at least 5 feet to 6 feet in height and more than 50 percent solid year round.
3
An adequate number of stacking spaces must be provided to ensure that traffic safety is
not compromised.
The street system illustrated and internal drives are designed to support the level of traffic
generated by the banking facility and other commercial uses. Traffic entering and exiting the
bank is limited to one access point from Scott Boulevard. Dodge Street and Scott Boulevard
are both arterials streets and are designed with the capacity for high traffic volume. A traffic
volume count conducted in 2006 shows that there are 9,100 daily trips on Dodge Street and
10,200 daily trips on Scott Boulevard. The capacity of a two-lane arterial with a turn lane such as
Dodge Street and Scott Boulevard is approximately 14,000 trips per day. Since there is
considerable capacity currently available, uses allowed in a CO-1 zone would not generate
enough additional traffic to cause congestion along these roadways.
The corner of Dodge Street and Scott Boulevard is a busy Iowa City intersection. Because of
the amount of traffic at this intersection, a condition of the rezoning included the location of the
driveway access to the parking lot and drive -through on Scott Boulevard approximately 350 feet
from the intersection with Dodge Street. This should be an adequate distance to prevent
conflicts between northbound traffic turning into the bank office development and traffic stacking
at the intersection.
A memo drafted by John Yapp, a transportation planner, is attached. This memo was submitted
during the rezoning process to address issues regarding the access point for the commercial
development and addresses concerns with regard turn lanes.
c. The drive -through lanes must be setback at least 10 feet from adjacent lot lines and
public rights -of -way and screened from view to the S22 standard. If the drive -through is
located adjacent to a residential use or property zoned residential, it must be screened
from view of these properties to at least the S3 standard. The Board of Adjustment may
increase or reduce these standards according to the specific circumstances affecting the
site.
The drive -through facility is setback more than 10 feet from all adjacent lot lines (see item "a"
above). Staff believes that distance in combination with the required landscape screening
shown on the proposed site plan will buffer any present or future development from noise or
light glare associated with the drive -through operation.
d. Lighting for the drive -through facility must comply with the outdoor lighting
standards set forth in Article 14-5G and must be designed to prevent light trespass and
glare onto neighboring properties.
The applicant has indicated that outdoor lighting for the drive -through will be recessed can lights
in the soffits of the overhead canopy. All outdoor lighting for the commercial development will
be reviewed by the Building Official for compliance with the Code as part of the building permit
process.
General Standards: 14-4113-3, Special Exception Review Requirements
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
2 The intent of the S2 screening standard is to provide a buffering treatment that uses distance and low-level screening to separate
uses from the public right-of-way, from other zones, to define edges and separate vehicular use areas from pedestrians. The S2
standard requires enough shrubs to form a landscape screen ranging between 2 and 4 feet in height, with a third of the shrubs
growing to no less than 4 feet.
4
Staff finds that the proposed special exception will not be detrimental to or endanger the public
health, safety, comfort, or general welfare. The site plan illustrates proper screening to buffer
adjacent residential properties, appropriate design and location of the drive -through lanes to
minimize congestion, and arterial streets that can safely support traffic generated by the use. The
addition of marked walkways to and from the proposed bank will ensure pedestrian safety.
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.
For the reasons cited above with regard to screening, distance, and design and placement of
the drive -through serve, staff finds that the proposed drive -through 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.
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.
Staff believes that by providing adequate stacking spaces for the use such that vehicles waiting
in line do not cause congestion on the public streets, providing adequate screening at the S3
and S2 landscaping standards, and locating the drive -through out of view from Dodge Street,
the proposed drive -through will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the zone.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Adequate utilities and access roads are in place, and drainage is being addressed through the
site plan process for the development of this property.
5. Adequate measures have been or will betaken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
As explained above, the location and design of the drive -through facility allows adequate
stacking space such that it will not create congestion on the public streets.
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.
A final site plan will be reviewed by the building official to ensure compliance with all other
standards in the Zoning Code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The North District Plan identifies Dodge Street as a main entranceway corridor into Iowa City.
Maintaining and enhancing the appearance of the entranceway is recommended Street entrance
into Iowa City. Locating the drive -through facility away from Dodge Street and providing adequate
screening of drive through and parking areas will help enhance the appearance of the main
entranceway corridor.
5
STAFF RECOMMENDATION:
Staff recommends approval of EXC08-00016, a special exception to allow a drive -through
banking facility in the CO-1 zone, located south of Dodge Street and west of Scott Boulevard
subject to substantial compliance with the submitted site plan, including cautionary signage and
pavement markings for the pedestrian crossings in the area of the drive -through and bank
entrance.
ATTACHMENTS:
1. Location map
2. Proposed Site Plan
3. Memo from John Yapp regarding traffic issues
4. Application materials
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Date: August 21, 2008
To
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Iowa City Planning and Zoning Commission
From: John Yapp, Transportation Planner 7�/�
JCCOG
m e m o
Re: Proposed credit union at the intersection of Scott Blvd and Dubuque Rd
Associate Planner Kuecker let me know the Commission had some questions about potential
traffic issues at the intersection of Scott Blvd and Dubuque Rd due to the proposed credit
union on the west side of the intersection. Our most recent traffic count for this segment of
Scott Blvd is an average 10,200 vehicles per day, well within capacity for the corridor. This
segment of Scott Blvd carries a significant amount of peak traffic due to the ACT campus;
the southbound left turn and northbound right turn lanes are designed to facilitate traffic into
the ACT campus with minimal disruption to through traffic.
JCCOG Transportation Planning Division staff measured sight distance at this location when
the rezoning of this property was first proposed and found that sight distance was adequate.
We recommend the access point be located opposite Dubuque Rd for optimal visibility of
vehicles entering the intersection in all directions.
This segment of Scott Blvd is most congested during the AM peak, due to a combination of
inbound ACT employees and other commuter traffic. Credit Union employees will add to the
overall level of traffic at the intersection however they will not be using the same lanes as
ACT employees.
It is my understanding there was discussion of the need for a southbound right turn lane into
the credit union site. Right turns are a free movement, because vehicles do not have to wait
for a gap in traffic. Justification for a right turn lane is a function of both traffic speed, traffic
volume and the percentage of right turning vehicles; higher -speed corridors such as rural
highways are more likely to warrant right turn lanes due to the speed differential between
turning vehicles and through vehicles. This segment of Scott Blvd has relatively low traffic
speeds to warrant a separate right turn lane for the credit union property. Traffic engineering
guidance is that between 15-20% of southbound vehicles should be turning right for a right
turn lane to be warranted for traffic speeds in the range of 30-35 MPH. Given the size of the
property proposed for commercial office, this will not be the case.
Typically a greater concern is left -turning traffic. Northbound Scott Blvd widens to two lanes
at this location; the inside northbound lane will function as a left turn & through lane. It is
likely that some northbound vehicles will use the outside right turn lane to drive around a
stopped left turning vehicle, similar to other locations where motorists are turning left into a
commercial property on a four -lane street.
In summary, any additional development will alter traffic patterns. The relatively modest
amount of peak hour traffic produced by commercial office land uses do not lead us to
conclude additional turn lanes are warranted. Transportation Division staff will continue to
monitor the intersection to determine if additional traffic control such as a traffic signal is
warranted in the future.
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: I I • 13 - Ob PROPERTY PARCEL NO.
PROPERTY ADDRESS: _ � � S� • (QCy't F)I ua .
PROPERTY ZONE: C0.1
PROPERTY LOT SIZE: a. M ACRES
APPLICANT: Name: 1ANIVStZ1-11y %: laujA IOmMOd►ly
2faptr CNtbA
Address: 825 AM -Mom Tj? 4 fc V(P , I.0
Phone: 3l°> 3'.�J• t080
CONTACT PERSON: Name: DICK. N6at,
(if other than applicant)
Address: S"f.
Phone: 50M C
PROPERTY OWNER: Name: S"L-
(if other than applicant)
Address: S Amfl
Phone: .5wt-
A . 522 g(p
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Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-wali@iowa-city.org.
Purpose for special exception: VKkVf-- "f'k-tft0W FP,-tLIYY IN �0 - I 'ZoIQ
Date of previous application or appeal filed, if any: __ NOt')f'
14-4C-2.K.2 Specific Approval Criteria
a. There will be three drive -up lanes. Two will be used for drive -up and one will be used
for an ATM machine and by pass lane. There will be 19 stacking spaces.
The drive -up lanes and stacking space are 325 feet from the nearest residential
property line to the north and screened by the building. They are 220' from the nearest
residential property line to the east and screened with 53 screening. They are 360' from
the nearest residential property line to the south and screened with S3 screening.
There is only one vehicular access point to the property. It will have a stop sign to
protect pedestrians.
A pedestrian cross walk from the parking lot to the south to the building entrance
crosses the drive -up lanes in two places. Pavement markings and signs will be used to
warn motorist.
b. The City of Iowa City Streets and Traffic Engineering Department has reviewed the
design capacity of the adjacent streets and has determined that the streets as designed
can handle the additional traffic generated by the proposed facility with a drive -up
teller. The drive -up teller and stacking spaces are 120 feet from the street assuring
traffic safety is not compromised.
C. The drive -up stacking lanes are 80 feet from the nearest property line and screened with
S2 screening.
d. The lighting will be recessed can lights in the soffits of the overhead canopy and will
comply with the requirements of Section 14-5G. The lighting has not yet been design
but will be submitted with the site plan for building permit approval.
14-413-3 Special Exception General Approval Criteria
1. The primary function of this facility is administrative office space. The drive -up teller is
provided as a convenience to nearby residents and commuters in northeast Iowa City to
lessen the need to travel to other UICCU locations in other areas of Iowa City. The
drive -up teller proposed will improve the public health, safety, comfort, and general
welfare by reducing traffic to other branch locations.
2. The University of Iowa Community Credit Union has several other drive -up facilities
within Iowa City. There is no evidence that any of the drive -up facilities has been
injurious to the use and enjoyment of other nearby properties. Also property values
have not diminished near other drive -up tellers. This proposed drive -up facility will be
further from other property than any of the UICCU's other drive -up facilities and will be
screened with S2 and 53 landscaping.
3. All of the surrounding property except for the property to the east has already been
developed. The two undeveloped parcels located to the east across Scott Boulevard
include a public zone slated for a fire station and a residential zone. The drive -up teller
will not impede either development. The Iowa City Council has already approved the
zoning.
4. As part of the rezoning process, the City of Iowa City Streets and Traffic Engineering
Department reviewed the design capacity of the adjacent streets and determined that
the streets as designed can handle the additional traffic generated by the proposed
facility with a drive -up teller. The Iowa City Engineering Department reviewed site
utilities and drainage and did not have any concerns.
5. The Streets and Traffic Engineering Department has approved the location and design of
the only site access for vehicles.
6. There are no special requirements in Section 14-413 that apply. Applicable site
development standards are as follows:
• 14-5A: Minimum parking requirements are listed on the site plan.
• 14-513: Sign standards will be met with monument signs and building:-Ogns.
• 14-5C: Access to the site has been approved by the City of Iowa City Englneer.ipg
Department.
• 14-51): Refer to the site plan for the intersection visibility standard.
• 14-5E: Refer to the site plan for landscaping and tree locations.
• 14-5F: Refer to the site plan for screening and buffering.
CD
7
• 14-5G: The site design will meet the illumination standard required for CO-1
zone, Medium Illumination District E2.
• 14-5H: With regard to the performance standards, the building and drive -up
teller will be similar to the other three facilities in Iowa City located.
• 14-51: Sensitive land features are shown on the site plan.
• 14-5J: The site is not in the flood plain.
• 14-5K: This standard does not apply.
Refer to the Applicants Statement attached.
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Applicant's Statement
The University of Iowa Community Credit Union (UICCU) intends to build a corporate office
building at the corner of Scott Boulevard and Dodge St, The building will be their administrative
headquarters, but will also include a branch bank facility with a drive -up teller. The lot has
been rezoned to CO-1 and requires a special exception for the drive — up facility.
The property is on the Dodge Street entranceway to Iowa City. The City's Comprehensive Plan
has been to preserve the natural beauty of the Dodge St. entranceway. This is one of the
UICCU goals as well. All of UICCU facilities are professionally landscaped and beautifully
maintained.
The building will respond architecturally to its surroundings and the vision of Dodge Street as a
green entranceway to the city. The low-pitched roof with wide over -hangs will reflect the
gentle hills of the topography. Natural materials of brick and stone will anchor the building to
the site. The building's orientation will place the office areas along Dodge Street to screen the
central entrance, drive -up teller, and parking from view. Monument signs, rather than a large
over -head freestanding sign, will quietly and unobtrusively mark the commercial aspect of the
property. The landscape will contribute to the screening of the building and parking lot while
also improving the beauty of the existing site. There will be trees along both street facades and
the building will seem to emerge from between them. The Credit Union will provide important
services to the surrounding residents while its landscaping and attention to its surroundings will
enhance the gateway to the city.
SW
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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-1 E, 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: Are � /.,;)- , 20
Date: , 20 _
ppdad min\application-boase.doc
Signature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
SEPTEMBER 10, 2008 — 5:00 PM
EMMA J. HARVAT HALL
Members Present: Karen Leigh, Caroline Sheerin, Edgar Thornton,
Members Excused: Ned Wood
Staff Present: Sarah Walz, Sarah Holocek
Others Present: Russ Arlen
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Karen Leigh at 5:08 p.m.
Preliminary
An opening statement was read by the Chair outlining the role and purpose of the Board and the
procedures governing the proceedings.
ROLL CALL: Leigh, Sheerin, and Thornton were present.
CONSIDERATION OF THE AUGUST 13, 2008:
Thornton motioned to accept the August 13, 2008, minutes with a correction noted for the
record. Sheerin seconded. The motion carried 3-0.
SPECIAL EXCEPTIONS:
EXC08-00015: An application submitted by Harriet Gooding requesting a special
exception to reduce the required front principal building setback from 25 feet to 20 feet for
property located in the RS-5 (Low -Density, Single -Family) zone at 2402 Lakeside Drive.
Walz noted that the Board has some expertise at this point in understanding the criteria required
for a setback reduction and so she hoped to keep her presentation brief. The property in question
is a located in the RS-5 zone at the corner of Lakeside Drive and Nevada Avenue. The property
is unique in that it is the one of only two principal structures on this frontage —the other being a
multi -family structure to the east along Lakeside Drive in the RM-44 zone. Walz stated that
there are different standards for setbacks in the RS-5 zone versus the RM-44 zone which governs
the multi -family structure. In the RS-5 zone, the standard principal building setback requirement
is 15 feet; in the RM-44 zone, the requirement is 20 feet. Part of the reason for the different
setback standards is that multi -family buildings are generally larger and taller than single family
structures. In fully developed areas where the established setbacks are substantially different
from the requirement in the code, setback averaging applies. In this case, the multi -family
building is setback 25 feet (five more than is required in the RM-44 zone) and the applicant's
property is setback 27 feet (12 more than is required in the RS-5 zone). The applicant is
requesting that the setback required by setback averaging be waived to allow for the creation of
an open-air porch. Walz noted that the Board had discussed many times the different affect an
open air porch would have on the feel of separation and privacy than that of an enclosed
structure. The resulting structure would be setback five feet further than what is required in the
RS-5 zone, and the multi -family structure down the street would still be setback five feet further
than the applicant's home. For this reason, Staff believes the request meets the intent of the
setback standard and recommends approval of the applicant's request.
Sheerin asked if setback averaging is always used in developed areas. Walz replied that if more
than 50% of the lots are developed and the established setbacks are more than 5 feet further from
the property line than required, then setback averaging is applied. Walz noted that it is
somewhat unusual in this case as there are only two buildings along the frontage, and only one of
them (the applicant's) is a single-family residence. The application does not conflict with
current zoning requirements because even with the special exception granted, the building will
be setback further than what is required in its zone and will reflect the five foot difference in
setback from the multi -family structure that is indicated in the current zoning requirement.
There were no further questions for Staff, and Leigh invited anyone wishing to speak in favor of
the application to come forward.
Russ Arlen of Chelsea Homes Remodeling, Box 212, Cascade, lowa,.appeared on behalf of
Harriet Gooding. He gave no statement, and there were no questions for him from the Board.
Leigh invited anyone wishing to oppose the application to speak. No one came forward.
Leigh closed the public hearing.
Thornton made a motion to accept application EXC08-00015, an application to reduce the front
principal building setback from 25 feet to 20 feet to allow the construction of a front porch for
the property located at 2402 Lakeside Drive in the RS-5 zone, subject to the porch being
constructed and maintained as an open-air front porch.
Sheerin seconded.
Sheerin presented the specific approval criteria for adjustments to the principal building
setback reauirements (14-2A-4B-5):
1. The situation is peculiar to the property.
There are only two principal structures located on the frontage and the buildings are in
two different zones: the subject property is in the RS-5 and the other is in RM-44. The
properties are separated by a distance of more than 100 feet. The other structure is a
multi -family structure set back 25 feet.
2. There is a practical difficulty complying with the setback requirements.
The parcel is of a shallow depth, and there is little private, open -space in the rear yard.
There is a driveway entrance and a garage in the side yard which makes expansion into
the side yard impractical.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations.
Because the reduction is for the street -side setback and because the resulting setback will
be 20 feet (five feet more than the RS-5 requirement), it will not reduce the space for
light, air, fire -protection or access along Lakeside Drive. Because the reduction will
allow for an open-air porch, not an enclosed addition, the reduction will not have an
effect on the sense of separation for light and air. The proposed setback reduction does
not encroach on properties on either side; it remains five feet more than is required in the
zone, and is separated from neighboring properties across the street by the 66-foot
Lakeside Drive right-of-way, and so privacy between buildings will be maintained. The
only other residence on the frontage is the multi -family structure more than 100 feet to
the east, which is turned at an angle, away from the street.
4. Any potential negative effects resulting from the setback exception are mitigated to
the extent practical.
Because the request is to reduce the setback to allow for an open-air porch, the structure
will be less intrusive than an enclosed one might be, and will give greater separation for
light and air. The current side setbacks will not be altered in any way.
Sheerin addressed the 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.
The setback remains five feet deeper than is required in an RS-5 zone, and will not
intrude upon the right-of-way, reduce visibility, or access to police and fire protection.
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 20-foot setback will maintain adequate separation between the property and the
street, and will enhance the appearance of the property and potentially encourage other
improvements or reinvestments 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 zone in which such property is located.
The area is already fully developed.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Sheerin noted that there adequate utilities, access roads and drainage for the subject
property are already in place.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Sheerin said that there will be no effect because the reduction will maintain a setback of
20 feet.
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 on which it is to be located.
Sheerin said that the existing house and proposed porch appear to meet all other zoning
requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The use is consistent with the Comprehensive Plan because it encourages reinvestment in
existing neighborhoods.
Thornton said the application seems to be a fairly straight -forward improvement to the property
and the neighborhood. He said it looks like it meets the provisions of the regulation, and he
would be voting for it.
Leigh said she too believed the issues had been well -covered.
Leigh called for a vote.
The motion carried 3-0 (Wood absent).
Leigh declared the motion approved and stated that anyone wishing to appeal this decision to a
court of record may do so within thirty days of the decision being filed with the City Clerk's
Office.
OTHER:
Discussion of the Central District Plan:
Walz distributed copies of the Central District Plan to the Board, stating the she wished to
discuss it briefly as it was part of the Comprehensive Plan, which is frequently referred to in
Board meetings. Walz noted that Iowa City is split into several planning districts. The Central
District is the area surrounding downtown, consisting of most of Iowa City's older
neighborhoods. She said that it is an unusual planning district to plan for because it is already
fully developed. In most of the other districts, a lot of open, undeveloped space is being planned
for. This plan looks at the future of an already -fully developed area. The plan that was put
together was the result of meetings with the public and several focus groups over the course of
12 months. Topics ranged from housing and quality of life issues, transportation and parking
issues, and business and commercial issues. Input was taken from residents and business and
property owners on what they like about the district, what problems they have with it, and what
they wished to see for the future of the district. The plan is divided into topic sections, each
beginning with a bit of historical background and ending with a set of goals and objectives drawn
from discussions with the public. Walz said that there is a lot in the plan regarding historic
preservation, achieving a better balance between single-family owner -occupied properties and
rental property, and a lot concerning the improvement of rental property. Students who attended
the meetings cited the need for better lighting on the streets and a greater amount of both public
and private open spaces in high -density living areas. Walz said she felt the most interesting area
of the district from a planning perspective was the South Gilbert Street business area, which was
affected by the recent floods and has the most potential for redevelopment. The area is seen as a
real opportunity for neighborhoods built around rail connectivity and for new open spaces.
Walz said that the plan would be reviewed by the Planning and Zoning Commission, and, if
approved, forwarded on to the City Council. Walz said that she encouraged the Board to look at
it if only to be informed, and said that she welcomed their comments and questions.
Thornton asked if there was anything in the plan that would drive an increase in applications for
special exceptions. Walz said that she did not believe so. She said that there is a heavy
emphasis on historic preservation, and so they might refer to the plan when requests for setback
reductions to allow home additions or other issues related to neighborhoods.
Thornton asked if there had been school district input on the plan. Walz said she was not sure,
though school administrators were aware of the plan. The only area of the plan where school -
related issues were directly addressed concerned safe routes to and from school addressed in the
transportation section.
BOARD OF ADJUSTMENT INFORMATION:
None.
ADJOURNMENT:
Thornton motioned to adjourn the meeting. Sheerin seconded.
The motion to adjourn carried on a 3-0 vote. The meeting was adjourned at 5:40 p.m.
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