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HomeMy WebLinkAbout08-10-2011 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, August 10, 2011 — 5:15 PM City Hall — Emma J. Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the July 13, 2011 Board Minutes D. Special Exceptions 1. EXC11-00006: Discussion of an application submitted by James Truong of Panda Restaurant Group for a special exception to allow a drive -through restaurant in the Community Commercial (CC-2) zone at 1035 Highway 1 W. 2. EXC11-00008: Discussion of an application submitted by McCon Bldg. Corp for a special exception to allow a drive -through restaurant in the Community Commercial (CC-2) zone located at 710 Hwy 1 West, east of Hawk Ridge Drive. 3. EXC11-00007: Discussion of an application submitted by Streb Construction Co., Inc. for a special exception to allow a concrete manufacturing plant in the General Industrial (1-1) zone on Independence Road, north of 4201h Street and south of Liberty Drive. E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: August 17, 2011 STAFF REPORT To: Board of Adjustment Item: EXC11-00006 1035 Highway 1 West GENERAL INFORMATION: Prepared by: Nick Benson, Planning Intern Date: August 10, 2011 Applicant: James Truong 1683 Walnut Grove Ave Rosemead, CA 91770 626-799-9898 Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND: Wal-martTRS, LLC 2001 SE loth St. PO Box 8050 Bentonville AR 72716 479-277-1348 Special Exception to allow a drive -through facility in the Community Commercial (CC-2) zone. To allow establishment of a drive -through restaurant. 1035 Highway 1 West Lot 2 of Walmart approximately 1 acre Undeveloped Community Commercial (CC-2) North: Commercial (CC-2 & CI-1) South: Storm water detention for the shopping center (CC-2) and Undeveloped Intensive Commercial (CI-1) and the Iowa City Airport (P-1) East: Commercial (CI-2) and the Iowa City Airport (P-1) West: Undeveloped Commercial (CC-2 & CI-1)) 14-46-3A (General Criteria), 14-4C-2K (Drive -through criteria) July 14, 2011 The applicant, James Truong, proposes to establish a fast food restaurant with a drive -through facility on Lot 2 of the Walmart shopping center. The old Iowa City Walmart store stood at this location until its demolition in June; a new, expanded Walmart recently opened within the same shopping center. Lot 3 to the east of the subject lot was recently granted a special exception to allow for the development of a Dairy Queen restaurant with a drive -through. Properties directly adjacent to the shopping center along Highway 1 are zoned for commercial uses (CC-2 and CI-1) and public uses (P-1)-the Iowa City Airport (P-1) is located to the south. To the northwest (on the opposite side of Highway 1) land is developed with residential uses (RS-5 and RM- 20). The subject lot is actually surrounded on all sides by CC-2 property and vehicle access is provided along a private drive that serves the entire Walmart shopping center. A portion of the shopping center's stormwater detention facility borders the site to the south. This detention facility along with the shopping center's landscaping provides more than 50 feet of separation between the subject property and the adjacent CI-1 zone. The site plan shows a proposed 2,448 square -foot restaurant building. The property provides 50 parking spaces for the proposed use. The minimum parking requirement for a restaurant of this size is 16 spaces. As stated above, access to Lot 2 is provided from a private drive that circulates around the entire shopping center —there is no direct access to the subject property from the public street. Two entrance and exit points along the north and northeastern side of the lot will provide access from Lot 2 to the private drive and existing Walmart parking lot. Drive -through uses are permitted by special exception only. Drive -through facilities associated with restaurants are allowed only in the CC-2, Commercial Highway (CH-1) and Central Business Services (CB-2) zones. The proposed drive through facility is located to the rear of the restaurant, along the stormwater drainage area. The drive -through lane provides 3 stacking spaces at the order board with another 4 spaces at the window. 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 specific criteria included for Section 14-4C-2K pertaining to Drive -Through Facilities, in addition to the general approval criteria for special exceptions as set forth in Section 14-413-3A. The applicant's comments regarding each of the general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Specific Standards (14-4C-2K) 1. 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. Staff believes the application satisfies these criteria based on the following findings: • The proposed site plan shows space for up to seven cars to access the drive -through at one time before stacking into the easternmost parking area. • The drive -through is located at the rear of the site, behind the building, and drive - through vehicle circulation is separated from other traffic entering or exiting Lot 2 as well as other shopping center traffic. • Because the property is served by a private drive, the proposed drive -through is unlikely to have an impact on public rights -of -way. • Drive -through circulation is directed behind the building, toward other land zoned for commercial development, such that it is not readily visible from any residential zones. • The site plan shows that signs are posted at the entrance and exit to the drive -through, and a "STOP" message is marked on the pavement where the drive -through meets the northeastern entrance and exit to the subject lot. • The proposed site plan shows that pedestrian connections from the shopping center and across Lot 2 are located away from the drive -through. Pavement marking will be required in this area as part of site plan approval. 2. 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. An adequate number of stacking spaces must be provided to ensure that traffic safety is not compromised. Staff believes the application satisfies this criterion based on the facts provided under #1 (above) and the following findings: • The property is accessed via a private drive from State Highway 1. • Because the drive -through is located to the rear of Lot 2, there is ample space for vehicles to stack before interfering with parking areas. • The drive -through circulation is not in conflict with pedestrian access to the restaurant — the site plan shows access from the sidewalk to the outdoor seating area to the north of the restaurant. The pedestrian crossing in this location is required to have pavement markings. 3. The drive -through lanes must beset back at least 10 feet from adjacent lot lines and public rights -of -way and screened from view to the S2 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. Staff believes the application satisfies this criterion based on the following findings: • The drive -through lane meets the required set back standards on all sides of the property. • The required S2 perimeter screening is provided in these areas. (The screening will match landscaping throughout the shopping center.) 4. 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 residential properties. 4 Staff believes the application satisfies this criterion based on the following findings: • The property lighting will be reviewed by the Building Department as part of the permitting process. All lighting standards must be met in order for an occupancy permit to be issued. • The drive -through area location and traffic circulation for the drive -through are directed behind the building and away from view of the nearby residential zones. General Standards (14-4B-3) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. In addition to the findings provided under specific criteria above with regard to vehicle access, drive -through location, and directional signage, staff believes the application satisfies this criterion based on the following findings: • Highway 1 and the private drive entrance to the shopping center are designed to accommodate the levels of traffic generated by CC-2 uses. • The drive -through lane is located on the southeast rear of Lot 2, such that drive -through traffic will not back up onto public roads. 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. In addition to the findings provided under the specific standards and general standard 1, staff believes the application satisfies this criterion based on the following findings: • The proposed drive -through facility is located at the rear of the building and is bordered by undeveloped intensive commercial (CI-1) property and a stormwater detention facility. • Views of the drive -through are limited, due to its location and screening provided along the stormwater facility in addition to perimeter screening around the site. 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. For the reasons provided above, staff believes the application satisfies this criterion. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff believes the application satisfies this criterion based on the following findings: • All necessary utilities are available at this site. • The private drive for the shopping center is designed to support the levels of traffic that will be generated by the commercial shopping center, including the use proposed. • The Building Official, in consultation with the City Engineer, will review the plan for the proposed restaurant as part of the larger shopping center development. • All drainage for the shopping center is directed to the stormwater facility along the east and south sides of the shopping center. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As stated above, staff believes the application satisfies this criterion based on the following finding: • Traffic from the drive -through will not stack onto public streets or neighboring properties. Since the drive -through is located to the rear of the rear of the site, with traffic circulating behind the commercial building, there is ample space for vehicles to stack before reaching the circular drive for the shopping center. 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. An application must submitted for final site plan review and building permit. The Building Official will review the plan to determine that all applicable zoning requirements not specifically addressed here, including all requirements for lighting and signage, are satisfied. All applicable zoning requirements must be met in order for a building permit to be issued. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. Staff believes the application satisfies this criterion based on the following finding: • The Southwest District Plan identifies this area as appropriate for Highway -oriented commercial development. STAFF RECOMMENDATION: Staff recommends approval of EXC11-00006, a special exception to allow a drive -through facility in the Community Commercial (CC-2) zone, at 1035 Highway 1 West subject to the following conditions: • Substantial compliance with the site plan submitted, including signage and pavement markings indicating the one-way circulation of the drive and marking of the pedestrian a reas; • Installation of landscaping along the southern border of the lot and adjacent stormwater facility as specified in the Walmart site plan; • Approval by the Building Official of the lighting plan and any signage for the site. ATTACHMENTS: 1. Location map 2. Proposed site plan 3. Site plan for the Westport/Walmart 4. Application materials Approved by. Robert Miklo, Senior Planner, Department of Planning and Community Development Z 0 o :N ra 3 - o J a (U � U "mo U cn ro LU �/- W '� O zw§ W = 0 ra U W Z ry O E O ------------------ _ -_ % 'p g $'..`fie'.•_ f J p JJJJJJJ E oz n�000m�oommoo�omoo��mooma 6 / %' MiLi - I RE / EXC ! 1- 0000 b APPLICATION TO THE ��➢ p,;� "�� BOARD OF ADJUSTMENT - SPECIAL EXCEPTION - DATE:JK4y 13' zo (I PROPERTY PARCEL NO. l0/6 3jt` e002_ PROPERTY ADDRESS: lb35 %��Gffw�~t�' _4 w PROPERTY ZONE: CC, 2- PROPERTY LOT SIZE: I • D S 1r_ APPLICANT: Name: {1 A,s.� �Ni �i�,�,0,4 JZ�ak'ou% Address: 1G�3 G�/ crvuT �'>�to v� ifvF__ Phone: InZG �99. 9��B CONTACT PERSON: Name: (if other than applicant) Address:y Phone: A/7.13- y2 20911f PROPERTY OWNER: Name: (if other than applicant) Address: -" Phone: 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 a�/�t356.-p5239 or e-mail sarah-wa/z a@iowa-cit}r.org. r� /�• Y-s - ",/., `/g" v AeleE Ffr_t, Purpose for special exception: Co.yo-Lze fi- Ae/vc . -� ,,o G - kIL41POW �o� /Ia �o s f� P-d�✓r Ei<f�JZESS ' ES7>92r,e t,✓T` Date of previous application or appeal filed, if any: —� C. Specific Approval Criteria 14-48-4: B, 9, b: Drive -through windows and drive -through lanes are prohibited a. The drive -through facilities will not be detrimental to adjacent properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area. Signage and striping will be installed to promote safe pedestrian access, and efficient and safe vehicular circulation on the site. Per the attached site plan, one drive -through lane is proposed which will provide 7 stacking spaces. A 10' wide "bail -out" lane is also provided adjacent to the drive - through lane. The drive -through lane entrance is located at the rear of the building and runs along the east side. Both pedestrian entrances into the building are located opposite of the drive -through lane. b. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Two access driveways will be provided along the north property line that will facilitate traffic circulation through the site. With the exception of the drive -through lanes, all drive aisles are spaced wide enough for two-way travel. The drive -through facility is adequately separated from the site circulation and will not impact traffic flow. c. The drive -through lanes will be set back 10-feet from adjacent lot lines and screened from view to the S2 standard (per Article 14-5F, Screening and Buffering Standards). The building will be spaced 42-feet from the south property line and 32-feet from the east property line d. Lighting for the drive -through facility will comply with the outdoor lighting standards set forth in Article 14-5G and will be designed to prevent light trespass and glare onto neighboring residential properties. r77 C: -3- D. General Approval Criteria: In addition to the specific approval criteria addressed in "C", 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. 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. GvM,Ke-W, �,IA-L l.v i"1-t-( 5(M (L 1 fj R (.t 5E-S A/v � E-S! e)6v1V77At— CGS f ln/U-L. 7- e 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. E �- �i r= i -rJ 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. ,4LL IlVe--C- 6 s51fle Y 9t 9 r 1-17 7 e--5 iV1 c.z- a & i40V t DES MI 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. � F - Ft -&A S/7 Z- f Div 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 14-413 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K) j PtF�r, 14-fT4c-6 � 51t& 7. The proposed use will be consistent with the Comprehensive Plan of the City. :7 Z j tr tYq� J r6 77 _ Ci _6- 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 14-8,C-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 14-80-1E, 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 14-8C4F, 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 Clark. Date: V U L"1 J 20 IL �� ' 5i V ►wf Siidnattu�re(s))oof,Applicant(s) Date:LA,, 20,LL_ Signature(i) of Property Owner(s) If Different than Applicant(s) ppdedMWWPO=#arbwse.doc STAFF REPORT To: Board of Adjustment Item: EXC11-00008 710 Highway 1 West GENERAL INFORMATION: Prepared by: Nick Benson, Planning Intern Date: August 10, 2011 Applicant: McCon Building Corp. 1059 Circle Drive Highland, WI 54543 608-929-7737 Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND: First American Bank 640 Highway 1 Iowa City, IA 52246 319-688-9300 Special Exception to allow a drive -through facility in the Community Commercial (CC-2) zone. To allow establishment of a drive -through restaurant. 710 Highway 1 West Lot 1 of First American Bank Addition 1.83 acres Undeveloped Community Commercial (CC-2) North: Medium -density single-family residential (RS-8) South: Intensive Commercial (CI-1) East: Intensive Commercial (CI-1) and CC-2 West: Planned Unit Overlay Medium Density Multi - Family Residential (OPD/RM20) 14-46-3A (General Criteria), 14-4C-2K (Drive -through criteria) July 14, 2011 The applicant, McCon Building Corporation, proposes to establish a Culver's fast food restaurant with a drive -through facility on Lot 1 of the, First American Bank Addition. First American Bank is located on Lot 2 to the east of the subject lot. Properties surrounding Lot 1 are zoned for commercial uses - intensive commercial CI-1 across Highway 1 to the south and CC-2 and CI-1 to the east. The Lodge student housing is located to the west in a medium -density multi -family residential (OPD/RM20) zone. Lot 1 is bordered to the north by a steep hill that is undeveloped and zoned medium -density single family residential (RS-8). Vehicle access to the subject lot is provided along a private drive that connects to Hawk Ridge Drive, which provides access to Highway 1. This private drive runs east along the southern border of the property to the First American Bank parking lot. The site plan shows a proposed 3,954 square -foot restaurant building. The site plan identifies 51 parking spaces (35 spaces for guests and 16 spaces for employees). The minimum parking requirement for a restaurant of this size is 26 spaces. As stated above, access to Lot 1 is provided off of a private drive that runs along the southern border of the property - there is no direct access to the subject property from the public street. Entrance and exit points will be located on the southwest and southeast sides of the lot. Drive -through uses are permitted by special exception only. Drive -through facilities associated with restaurants are allowed only in the CC-2, Commercial Highway (CH-1) and Central Business Services (CB-2) zones. The proposed drive -through lane is located on the east, north and west sides of the building. Culver's drive -through facilities are unique in that guests who order meals are brought their food by a runner while waiting in an order line. Guests who only order drinks or custard treats are served at the cashier's window and exit the drive -through from the window. The site plan shows 5 stacking spaces for cars at the menu board, and 6 spaces for cars at the cashier's window. An additional 5 stacking spaces are provided on the west side of the building for cars waiting for their meal to be brought to them. 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 specific criteria included for Section 14-4C-2K pertaining to Drive -Through Facilities, in addition to the general approval criteria for special exceptions as set forth in Section 14-413-3A. The applicant's comments regarding each of the general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Specific Standards (144C-2K) 1. 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. Staff believes the application satisfies these criteria based on the following findings: • The proposed site plan shows space for up to sixteen cars to access the drive -through and order waiting line at one time before stacking into entrance and exit areas. • Because the property is served by a private drive, the proposed drive -through is unlikely to have an impact on public rights -of -way. • The drive -through lane and order waiting line are located around the rear of the site, behind the building, and drive -through vehicle circulation is separated from parking lot traffic and other traffic entering or exiting Lot 1. • The site plan shows pedestrian crossings are located away from the drive -through. Pavement markings will be required in this area as part of site plan approval. • Landscaping to the north and northwest of the drive -through lane will comply with S3 screening standards and will provide adequate screening for the adjacent RS-8 residential zone. As previously mentioned, the land directly to the north of the property is a steep hill which is currently undeveloped. Staff believes any future development would be high enough above the restaurant's elevation (at least 40 feet) so as to not be affected by the drive -through lane. • S2 screening is indicated along the rest of the western edge of Lot 1 adjacent to the OPD/RM-20 zone. Staff believes it is reasonable to reduce the screening requirement to S2 standards for the western border of the property. The Lodge student housing to the west sits significantly above the grade of Lot 1 and staff believes that it will not be negatively affected by the proposed restaurant and drive -through. 2. 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. An adequate number of stacking spaces must be provided to ensure that traffic safety is not compromised. Staff believes the application satisfies this criterion based on the facts provided under #1 (above) and the following findings: • The property is accessed from Highway 1 and Hawk Ridge Drive via a private drive. • Highway 1, Hawk Ridge Drive and the private drive that serves Lot 1 are designed to accommodate the levels of traffic generated by CC-2 uses. • Because the drive through is located around the rear of the restaurant, there is ample space for vehicles to stack before interfering with parking areas. • The drive -through circulation is not in conflict with pedestrian access to the restaurant — the site plan shows access from the sidewalk to the outdoor seating area at the front of the restaurant. The pedestrian crossing in this location is required to have pavement markings. 3. The drive -through lanes must beset back at least 10 feet from adjacent lot lines and public rights -of -way and screened from view to the S2 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. Staff believes the application satisfies this criterion based on the following findings: • The drive -through lane meets the required set back standards on all sides of the property. • The site plan shows the required S3 perimeter screening is provided along the north and northwest sides of the drive -through. S2 screening is indicated along the rest of the western edge of the subject property. 4 As previously mentioned, staff believes it is reasonable to reduce the screening requirement to S2 standards for the western border of the subject lot. The Lodge student housing to the west sits significantly above the grade of Lot 1 and staff believes that it will not be negatively affected by the proposed restaurant and drive -through. 4. 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 residential properties. Staff believes the application satisfies this criterion based on the following findings: • The property lighting will be reviewed by the Building Department as part of the permitting process. All lighting standards must be met in order for an occupancy permit to be issued. • The drive -through area will be screened to S3 standards to mitigate potential negative lighting impacts on the RS-8 zone to the north of the property. As previously mentioned a steep hill borders the north of the property and is undeveloped at this time. The top of this hill is high enough above the proposed restaurant's elevation that any potential future development should not be affected by the lighting for the drive -through. General Standards (14-4B-3) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff believes the application satisfies this criterion based on the findings under specific standards 1 and 2. 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. In addition to the findings provided under the specific standards, staff believes the application satisfies this criterion based on the following findings: • The proposed drive -through facility is bordered by CC-2 property to the east, an intensive commercial (CI-1) zone to the south, and an OPD/RM20 zone to the west. 53 landscaping will be used to screen the drive -through lane from the RS-8 zone to the north and OPD/RM 20 zone to the west. As previously mentioned, the adjacent RS-8 and OPD/RM20 land sits significantly above the grade of Lot 1, and staff believes that surrounding property will not be detrimentally affected by the proposed restaurant and drive -through. • Views of the drive -through are limited, due to its location and screening provided along the north and west sides of the lot. 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. For the reasons provided above, staff believes the application satisfies this criterion. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff believes the application satisfies this criterion based on the following findings: • All necessary utilities are available at this site. • Highway 1, Hawk Ridge Drive and the private drive that serves Lot 1 are designed to accommodate the levels of traffic generated by CC-2 uses. 5. Adequate measures have been or will betaken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As stated above, staff believes the application satisfies this criterion based on the following finding: • Traffic from the drive -through will not stack onto public streets or neighboring properties. Since the drive -through is located along the sides and rear of the site, with traffic circulating behind the commercial building, there is ample space for vehicles to stack before reaching the entrances or exits to the subject lot. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. An application must submitted for final site plan review and building permit. The Building Official will review the plan to determine that all applicable zoning requirements not specifically addressed here, including all requirements for lighting and signage, are satisfied. All applicable zoning requirements must be met in order for a building permit to be issued. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. Staff believes the application satisfies this criterion based on the following finding. • The Southwest District Plan identifies this area as appropriate for commercial development. STAFF RECOMMENDATION: Staff recommends approval of EXC11-00008, a special exception to allow a drive -through facility in the Community Commercial (CC-2) zone, at 710 Highway 1 West subject to the following conditions: • Substantial compliance with the site plan submitted, including pavement markings of the pedestrian areas; • Approval by the Building Official of the lighting plan and signage for the site. ATTACHMENTS: 1. Location map 2. Aerial view 3. Proposed site plan 4. Application materials Approved by: /t�- Robert Miklo, Senior Planner, Department of Planning and Community Development �a. � � � , \, � ` `„w � .� ' �� �" �� �� � �: �, 2 ,� �.- �i ,. , Z co �3 z r MN o J �O � N XW N g ca WQ r Da o p— a a 0OV w as a b 03 b a0 o FILED APPLICATION TO THE 101j To" city BOARD OF ADJUSTMENT'`rk "� ''Y' SPECIAL EXCEPTION DATE: 77 PROPERTY PARCEL NO. PROPERTY ADDRESS:: ���� j' r 6 Yd �Ta" A—,l r f PROPERTY ZONE: 6 C Z PROPERTY LOT SIZE: -11666 sQ r- APPLICANT: Name: M ccly. a t "` CO Address: q CjttC Le L)ILIU�e Ij Phone:.601' 9Z 9. 7 73 y j� - ' CONTACT PERSON: Name; lei � IV L/rU A--R (if other than applicant) Address: 5AAlt Phone: 4Gi�'-_1 % 73-i 6117 PROPERTY OWNER: Name: -itwd $A,yaC of other than applicant) ,t Address: Phone: L4�p W1 5110; Specific Requested Special Exception; please list the description and section.... number in the zoning code _that addresses the specific epecial 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 366-5239 or e-mail sarah-walz@jovva-:a Purpose for speclal exception: ` eA V E — l h t U Date of previous application or appeal ;bled, if any: . "SUMP in NOTE: Conditions. In permitting a special exceptiori, :the Board may impose appropriate condition's 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-4City Code). r ers.. Unless otherwise:. determined by the Board, all orders . of the Board snail expire six (6) months from the date the written decision is filed with the City Clerk, witless the applicant shall have .taken action within the six (6) month period to establish the use -or construct the building per 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 14-8CA 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 14-8C-1 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. - Pate: Date: ppdadmlri applicafiorFboase:doe 20 Signatures) of Applicants) Signatures) of Property Owner(s) if Different than Applicant(s) Fit, ID JUL 14 2011 City clerk Iowa City, Iowa STAFF REPORT To: Board of Adjustment Item: EXC11-00007 Independence Road Streb Construction GENERAL INFORMATION: Prepared by: Sarah Walz Date: August 10, 2011 Applicant: Streb Construction Co. 18 Commercial Drive P.O. Box 3327 Iowa City, IA 52246 319-338-3498 Contact: Steve Streb, 319-631-5276 Property Owner: Streb Construction Partners 18 Commercial Drive Iowa City, IA 52246 Requested Action: Approval of a special exception for a Heavy Manufacturing Use within the General Industrial (11) zone Purpose: Establish and operate wet batch concrete plant Location: Independence Road (Lot 35 Scott Industrial Park); southeast of the intersection of Liberty Drive and Independence Road, Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Applicable code sections: File Date: 4.12 acres Vacant lot, Industrial (1-1) North: Industrial, 1-1 South: Industrial, 1-1 East: County Agricultural West: Industrial, 1-1 14-4B-4C-4 specific criteria for Heavy Manufacturing uses in the 1-1 zone; 14-46-3A, General Criteria July 14, 2011 BACKGROUND: The applicant, Streb Construction Co., proposes to establish a concrete wet batch plant on one half of Lot 35 in a General Industrial (1-1) zone, southeast of the intersection of Liberty Drive and Independence Road. Cement batch production is a form of heavy manufacturing that combines various ingredients, including sand, aggregate (rocks, gravel, etc.) fly ash, pot ash, and cement. The proposed plant is a wet mix facility, which means that water is added to the dry ingredients at the plant prior to being loaded onto trucks. This method of mixing concrete reduces dust pollution. Because of the noise and dust typically associated with concrete manufacturing, as well as the view of storage materials, the zoning code allows concrete batch/mix plants in the 1-1 zone by special exception only. The subject lot is part of the Scott -Six Industrial Park and is surrounded on three sides by other properties zoned for industrial use (1-1). The abutting property to the east, which is outside city limits, is zoned for and operates as an agricultural use. Further to the east additional land is again within city limits and is zoned for industrial use (1-1). Approximately 800 feet west of the subject site, along Commerce Drive, land is zoned for commercial use (CC-2 and CI-1). The nearest residential area is located approximately 2,000 feet to the northwest (Sunset Village Mobile Home Park). The site plan shows the southern half of the Lot 35 developed with the proposed concrete plant with towers (max. 53 feet in height) and conveyors located at the rear (east) side of the lot. Aggregate stock piles are located to the rear of plant. A 16 x 32 office and control building is located in the front of the plant. According to the site plan, the office building and the batch machinery are portable facilities, however, approval of the proposed use of the property for cement production would be not temporary — it would run with the land unless the board specifies a temporary term for the use. (Concrete batch plants are often locate in proximity to large construction projects, such as the reconstruction of 1-80. For this reason they commonly seek and are granted temporary permits.) Access to Lot 35 would be provided by one ingress and egress point from Independence Road. The site plans shows 8 automobile parking spaces along the front and side of the office building; cement trucks would be parked along the eastern edge of the lot, behind the aggregate stock piles. A basin is proposed on the western edge of Lot 35 along Independence Road to accommodate storm water from the site. The applicant has indicated that they may want to use the north half of the lot instead. In that case the site plan would mirror what is shown in this application. The other half of the lot could be made available for another use. In 1998, the Board of Adjustment denied an application to locate a concrete batch plant on a lot to the south of the subject site —at the northeast corner of the intersection of Independence Road and 420`h Street. In its findings, the Board cited the following reasons for denial: • The facility would be the first use to go into the newly developed industrial park and might "discourage other uses from locating in the park"; • The potential for noise pollution and dust may have a negative impact on nearby agricultural and residential uses; and • 420th Street was not in adequate condition for the high level of truck traffic the plant would generate. Since that time the industrial zone has more than doubled in size, expanding eastward more than 2,000 feet and to an area north of the railroad along Taft Avenue. In preparation for industrial expansion, the City reconstructed 4201h street to serve an anticipated increase truck traffic due the expanded zone. The Southeast District Plan, completed in 2010, designates this area for industrial uses but also considers the potential conflict between industrial and residential uses to the north. The plan calls for enhanced landscaping to screen industrial areas. The Plan also calls for a regional park along Snyder Creek to the north of the railroad in order to provide space to buffer future residential areas from industrial uses to the south. That portion of the plan is attached for your review. 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 specific criteria included for Section 14-4B-4C-4 pertaining to Heavy Manufacturing in the 1-1 Zone in addition to the general approval criteria for special exceptions as set forth in Section 14-4B-3A. The applicant's comments regarding each of the specific and general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Specific Standards (14-413 4C-4). a. The proposed use must be located at least 500 feet from any residentially zoned property. The nearest residential zone is approximately 2,000 feet of the subject property. b. All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. Staff believes the application does not satisfy this criterion based on the following: The current site plan shows screening along the east and south property line. No screening is shown along the north or west. The screening specified on the site plan consists of evergreen trees only, which may not adequately minimize views of the aggregate piles or towers and conveyers and may allow dust to easily escape the site. Staff believes the application will satisfy this criterion if the following conditions are met: o Screening to S3 standard should be provided along all sides of the batch plant area to screen views of the site and to minimize dust. o Tall, fast-growing deciduous tree species, such as poplar, should be combined with the evergreens in order to minimize views of the towers and other equipment and storage at the facility. The applicant has agreed to the above terms and will provide a site plan for review at the meeting. c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. Staff believes the application satisfies this criterion based on the following findings: • The site plan shows access to the concrete batch plant from Independence Road, which is designed and constructed to support the type of vehicles and traffic associated with industrial uses. • In addition, 4201h Street, which runs along the southern boundary of the Scott -Six Industrial Park, has been upgraded with public utilities, curb and gutters and turn lanes to allow for increased industrial traffic. • The office and wet batch plant are located to the rear of the subject lot so that truck movement on site will not impact adjacent streets. General Standards (14-413-3) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. In addition to the findings above regarding traffic circulation and access points (criterion "c"), Staff believes the application satisfies this criterion based on the following findings: 4 • The proposed plant is located in the middle of the Scott -Six Industrial Park, and all but one surrounding properties are zoned for industrial use. • The commercial (CC-2) zone further to the west of lot 35 is located more than 800 feet from the property. • The closest residential zone is located approximately 2,000 feet to the northwest of the site. • The proposed plant is located in an industrial zone and is served by streets designed to support industrial uses. • Distance along with the landscape screening recommended by staff should minimize dust and noise from the site, reduce the visual impact of the towers, and screen views of the outdoor storage and equipment. • The wet batch facility is designed to minimize dust normally associated with concrete facilities. Dust associated with batch plants is regulated by the EPA. • Staff consulted with the Iowa State Extension Office in Johnson county with regard to impact on the location of such a facility adjacent to cropland. The crop specialist indicated that he is not aware of any impacts beyond dust associated with gravel, similar to that of cropland located along gravel roads. 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. Staff believes the application does not currently satisfy this criterion. Staff believes the application will satisfy this criterion if the recommended S3 screening is provided along all four sides of the batch facility and if a taller variety of trees are mixed with the current proposed evergreen screening to soften views of the facility and to further reduce dust from the site. (See specific criterion "b" above.) In addition, development of properties within the subject industrial area and southeast Iowa City may require concrete. The proposed use would therefore provide ready access to the materials needed in the construction of these facilities. 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 the application satisfies this criterion based on the findings provided in general standard 1 and the following finding: The area in which the subject property is located is zoned for industrial uses. The Comprehensive Plan (the Southeast and South Districts) identifies land in this area along Highway 6, Taft Avenue, and Highway 6 as appropriate for Industrial Uses. The City has improved the infrastructure in this area of the community in order to support the expansion of the industrial zone. The Comprehensive plan addresses potential future development, including residential development north of the railroad, and the potential for conflict between industrial and residential uses. The plan calls for any future residential development to be separated from the industrial areas by an expanse of open space. The plan also calls for enhanced landscape screening of industrial areas to minimize dust and noise. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff believes the application satisfies this criterion based on the following findings: • All necessary utilities are available at this site. • Independence Road, along with all other access roads in the Scott -Six Industrial Park are paved and designed to support the levels of traffic that will be generated by the cement batch plant. • A storm water basin is proposed on the southwest portion of Lot 35 to accommodate storm water from the site. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Staff believes the application satisfies this criterion based on the findings under specific criteria regarding traffic circulation and access points (item c). 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. An application must be submitted for final site plan review and building permit. The Building Official will review the plan to determine that all applicable zoning requirements not specifically addressed here are satisfied. All applicable zoning requirements must be met in order for a building permit to be issued. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Southeast District Plan identifies this area as appropriate for industrial growth. The plan shows that future development north of the railroad will include a large, regional park in order to buffer potential future residential uses from the noise and dust associated with industrial uses. The plan also calls for enhanced screening of industrial uses to minimize dust and noise and to reduce the visual impact of large structures. STAFF RECOMMENDATION: Staff recommends approval of EXC11-00007, a special exception to allow a concrete manufacturing plant in the General Industrial (1-1) zone on Independence Road, north of 4201h Street and south of Liberty Drive, subject to the following conditions: Substantial compliance with the site plan submitted with the addition of the following landscaping: o Screening to S3 standards is provided along the northern edge of Lot 35. o Taller varieties of trees are mixed with the proposed evergreen screen. o All areas outside the driveway and batch facility and loading area should be landscaped with turf grass or other appropriate vegetative ground cover. 0 Approval is for a wet -batch mix facility only. 6 ATTACHMENTS: 1. Southeast District Plan section regarding industrial expansion 2. Location map 3. Site plan 4. Aerial view of the proposed location 5. 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C9 4%, LU WPM 0 O 441p fu --- 04 c LU Ng 1� C Lo x Y } ci o w¢�n c y¢ 1�V VJ d H _ WCa�� C7 Om y o 0 9 o U ~ 5t 3 mo 0 o t=azoQ o 675 3S OVON N01031 NVOI831V OLBb dINS83NIaVd 1V83N30 IIELJ 1d '1 V '3 OV06 3ON3ON3dONl 69LZ NOIIVO188VJ V ONIOI3M 80183d1S 07 aySb�Nr �N3�531 N� e'��1S r-x C I I -- 0000 7 APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: July 14, 2011 PROPERTY PARCEL NO. 0919377002 PROPERTY ADDRESS: Independence Rd. - Across from 2759 & 3941 Independence Rd PROPERTY ZONE: 1-1 PROPERTY LOT SIZE: 4.12 acres APPLICANT: Name: Streb Construction Co. Inc. Address: 18 Commercial Drive, PO Box 3327, Iowa City, IA Phone: 319-338-3498 Steve Streb CONTACT PERSON: Name: (if other than applicant) 18 Commercial Drive, PO Box 3327, Iowa City, IA Address: 319-631-5276 Phone: 0 Streb Investment Partners; PROPERTY OWNER: Name: (if other than applicant) 18 Commercial Drive, PO Box 3327, Iowa Cir Address: -, 319-338-3498 Phone: M iD 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 366-6239 or e-mail sarah-walz@iowa-ciiy.org. Purpose for special exception: Concrete Manufacturing Plant Date of previous application or appeal filed, if any: none f P MM S CONStLTANTS, INC. IMM IOWA CITY IOWA I CEDAR RAPIDS IOWA OFFICE: 319-351-8282 OFFICE: 319-841-5188 July 14 2011 9 ( City of Iowa City Application to the Board of Adjustment — Special Exception Re: — Lot 35 Scott Six Industrial Park — Independence Road 1. Streb Construction has proposed to put a mobile wet batch plant on the vacant lot across the street from 3941 Independence Rd. The design of the proposed plant has integrated a new design for dust collection to reduce impact on the neighboring properties. Streb Construction is proposing the batch plant for this location to lessen travel time and traffic congestion in turn lowering the costs for future development projects in southeast Iowa City. By adding a batch plant site to service developments on the southeast side of Iowa City, they will have shortened travel distance with fewer hours spent commuting between jobs. As a result this will shorten the impact on traveled surfaces between sites and lessen the amount of wear and tear on roads. Inclusion of a batch plant at the industrial zoned site will not be detrimental to or endanger the health, safety, comfort or general welfare of a the public. 2. The proposed site plan for the plant reflects a design which incorporates heavy landscape v screening along all the south and east sides of the lot. This will reduce the visibility of the site and should not affect the property values in the neighborhood. 3. Establishment of the proposed batch plant will not impede the development and improvement of the surrounding property, in fact it will make development and r improvement easier and cheaper for future progress in the area. 4. All access roads in the development are paved and water, sewer and electric will be provided to the site. A basin will be built along the western edge of the lot to maccommodate stormwater from the site. > 5. The attached site plan shows the proposed ingress and egress to the site. The access to the subject site is located at the northwest corner of the site. 6. The proposed facility will be subjected to rigorous and comprehensive review by the City staff to ensure that all applicable City Code requirements are met. 7. The proposed plant is consistent with the city comprehensive plan and will help with lowering the costs of future developments along the southeast side of Iowa City. z 0 L� y Sandra Steil iZ,7 C) a MMS Consultants Inc. ' A 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 = s.steil@mmsconsultants.net T:\4270\4270-016-\4270016L1.DOC in 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 14-8C-1F, 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:_/ 20/,L � r` Signature(s) o icant(s) Date: '7-1Y , 20 Y— Sigriature(s) of Property Owner(s) if Different than Applicant(s) ppdadminlapplication-boase.doc NW FrMay,August tl5, 2011 State of rowa News Contact Us fLfPA.KTMfNT OF fVRW*LAt, tt(S0 (jRCfS Site Search {� Home Hunting Fishing Recreation Destinations Education Environment You Are Here> Bag Houses Or Fabric Filters Air Quality Index (AO)) In Iowa, fabric filters, commonly called baghouses, are widely used industrial ..a. AQ land Use Planning strength "vacuum cleaners." They remove particulate matter found in smoke, vapors, Animal Feeding Operations dust or mists. BEEP (School Bus Emiss Grants) The filters remove particles from exhaust gases, leaving the particles on the fitter Fireworks Displays while the cleaner air passes through. Collected particulates form a "dust cake" on the Hazardous Air Pollutants fitter that is routinely cleaned off by a blast of air in the opposite direction or by How Air Pollution Is Controlled mechanical shaking. The dust cake falls into a hopper for disposal or reuse in the Bag Houses Or Fabric Fitters industrial process. Scrubbers Or Wet Collectors Fitter bags hang in a sturdy house. Sometimes the house is insulated when cleaning hot gases to prevent corrosive Adsorbers moisture or acid mists from condensing and harming the equipment. Sometimes dozens, even hundreds of Cyclones cylindrical filters, each eight to 40 feet long may hang in a series of houses at one location, Vapor Condensers Electrostatic Precipitators Filters are made of woven cotton, wool or synthetic materials. Some synthetic materials can withstand high flares temperatures or are resistant to chemical reaction. Each baghouse must meet the needs of the particular industry process. Gas temperature, moisture content and chemical reactivity decide what fitter material is used. Afterburners Catalytic Oxidizers When an industry applies for an air quality permit to install a baghouse, DNR air quality engineers must determine In Your Neighborhood if the baghouse has enough filters and surface area to remove an adequate amount of pollutants before issuing Local Air Quality Programs the permit. The DNR also reviews the design to ensure the proposed fan size is adequate to putt or push air through the series of fitters. This is determined by the "pressure drop" or the measurement of air resistance across Common Air Pollutants the fitters. This can be learned from similar baghouses or calculated using mathematical equations and laws of Open Burning physics. Report A Violation Small Business Assistance A baghouse with a high-pressure drop needs a larger fan or more energy to move dirty air through the fitters. ldttd Proper design, reflected in a good permit, helps ensure the right equipment is installed to remove enough Stewardship pollutants. This can reduce the number of operating problems when using the baghouse and prevent possible air WarrCqutity pollution violations. DNR staff also reviews the bag cleaning method, hopper design, and other factors. Baahousv benefits: Effectively removes large percentages of particulate matter. Potential concerns; Bag wear or failure, holes in the house can reduce the 'vacuum' and overall efficiency. Collected dry materials must be carefully handled to prevent release into the air, A - IOWA DEPARTMENT OF NATURAL RESOURCES Private Water Well Construction Permit Well Owner: River Products Permit Number: 19222 Expires: 4/25/2006 Permit issued to: Streb Construction Company 18 Commercial Drive Iowa City, IA 52240 Permittee is authorized to construct the new well(s) at the location specified below: Well Nmbr County Latitude Longitude PLS 2108185 52 41.6864-91.6185 NWl/4, NE1/4, NE1/4, NE1/4, NE1/4, Sec 2, T 79, R 7W This authorization to construct a water well has been granted pursuant to the provisions of Part 4 of Division III of Chapter 455B, Code of Iowa, and Chapter 38, Part 567, Iowa Administrative Code, and is further subject to the general permit conditions within this permit. This is not a water withdrawal permit. Therefore, applicants who may need to withdraw more than 25,000 gallons in any one day from a source or combination of sources must make a separate application to the Department for a water withdrawal permit in accordance with the provisions of Part 4 of Division III of Chapter 455B, Code of Iowa, and Chapter 50, 51, and 52 of Part 567, Iowa Administrative Code. Permittee is advised that the authority to construct a water well provided by this permit may be modified, canceled or suspended in case of any breach of the terms or condition herein, in case of any violation of state law pertaining to the permit, or if found necessary to prevent substantial injury to private or public interests. Permittee is advised that all wells authorized in this permit, except temporary dewatering wells, must be constructed in accordance with the construction standards of Chapter 49, Part 567, Iowa Administrative Code, and by a certified water well contractor as provided in Chapter 82.2, Part 567, Iowa Administrative Code. The construction of the well(s) shall be initiated within one year of issuance of this permit or this permit is no longer valid. For the Director: 5' �? :/ c•.� Date executed. 4/25/2005 http://128.255.252.37/PWTS/PWTS_PennitDtReport.asp?PermitNmbr=l9222 4/25/2005 Fields of Opportunities STATE OF 1 O WA CHESTER J. CULVER, GOVERNOR DEPARTMENT OF NATURAL RESOURCES PATTY JUDGE, LT. GOVERNOR RICHARD A. LEOPOLD, DIRECTOR April 23, 2007 CERTIFIED MAIL Steven M. Streb Streb Construction Co., Inc. PO Box 3327 Iowa City, IA 52244 Re: Plant Number PP-122-000, Project Number 07-192, Permit Number 07-A-490. Dear Mr. Streb: The Department has completed a review of the air construction permit application submitted and a determination has been made that the following permit shall be issued: Emission Unit Description Testing Required IDNR Permit Number Concrete Batch Plant I No 07-A-490 Your attention is directed toward the specified permit conditions contained within the permit. Per the permit please be aware of the following: 1) This facility is not subject to the New Source Performance Standards (NSPS) at this time. 2) This facility is not subject to the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) at this time. 3) This facility is considered a minor source for Prevention of Significant Deterioration (PSD) purposes. Therefore, this project is a minor modification to a minor source. 4) This facility is a minor source for the Title V Operating Permit program. If you have any questions, please contact Chris Kjellmark at (515) 281-7826. In addition to the permit you will find one (1) copy of the Department's "Air Quality Equipment Notification Form" attached to this letter. When requesting a modification to the permit, use the permit number and your plant number for identification. If you have any questions, feel free to call me at (515) 242-6002 or email me at chrissoling(a-dnr,state.ia.us. Sincerely, f-4I,- & C Christopher A. Roling, PE Environmental Engineer Senior Air Quality Bureau, IDNR C: Field Office 6 (w/ attachments) 7900 Hickman Road, Suite 1 / Urbandale, Iowa 50322 515-242-5100 FAX 515-242-5094 htto://www.iowacleanair.com/ I C P C P0500700100423007007161 Air Quality Equipment Notification Form Facility and Equipment Information: Company Streb Construction Equipment Location Check (4) here for ❑ Portable portable equipment Facility Number Not EIQ Number PP-122-000 Emission Unit Emission Point # Construction Permit # Notification Type (check the appropriate box or boxes): ❑ Date Construction, Installation, or Alteration Started: Notification must be postmarked within 30 days after construction starts. ❑Intended Date of Equipment Start Up: **This applies only to sources subject to a NSPS (see Section 13)** Notification must be postmarked at least 10 days before the equipment or control equipment is placed in operation. ❑ Date of Actual Equipment Start Up: Notification must be postmarked within 15 days after equipment is placed into operation. Signature of Company Official: Signature Name (please print) Title Phone Number Date This form is also available on the Internet at http://www.state.1a.us/epd/airconstfconaps/aqcnap.htm Please mail form to (no faxes please): Compliance Unit Supervisor Air Quality Bureau Department of Natural Resources 7900 Hickman Road, Suite 1 Urbandale, IA 50322 DNR Form 542-4008 (4/2007) 04/20/2007 FRI 13:12 FAX 319 3514369 STREB COSTRUCTION CO. 4002/014 Facility Name Streb Construction Co., Inc. page I of 13 'Initial Permit Number (dcpartnicnt usc only.) 07 o Firm: Iowa Department of Natural Resources Air Quality Construction Permit For a Concrete Batch Plant Permit Holder STREB CONSTRUCTION CO., INC. Contact: ............... .. .. .... .. ......... .. .. R nsi e-arty: STEVEN M. STREB (name) STEVEN M. STREB STREB CONSTRUCTION CO., INC. DEER CREEK ROAD PLANT SITE Equipment Location or Staging Area: 3400 DEER CREEK ROAD SE IOWA CITY, 1A 52240 Is the Equipment Portable? (ycs/no) YES (street) (City, state, zip) Description.'.;. te Testing .-3 077A h. ......... z .. ........... .......... .. ........ ......... . . ............. 0 . ........ . ................. PhattNui6iber- 0.6 C E CL Undez 11kDirectionofthe Director of, The Department of Natural Resources LL 04/20/2007 FRI 13:12 FAX 319 3514369 STREB COSTRUCTION CO, 9003/014 Facility Name Streb Construction Co., Inc. page 2 of 13 Initial Permit Number (d9rimmau use ody) p 2 —8 - H rt o Facilities Covered by this Permit This permit is only applicable to a "concrete batch plan&') not otherwise excluded or in a prohibited location. (2). tn) "Concrete batch plant" for the purposes of this permit, means any stationary or portable facility for the production of portland concrete() including all aggregate, comentitious material, Portland cement, and fly ash or slag mixing transfcr and storage including weigh hopper loading, mixer or truck loading, silo loading and transfcrrinttg as well as boilers, power sources (such as generators), and petroleum storage tanks. «� Exclusions and Prohibited Locations. The following plants shall not be covered under this permit Exclusions a. A4concrete batch plant already subject to an existing air quality construction permit, oth ,z:'-than...a„permit by ;> de;.undcr this . subrule, or, subjcc '; 6., .an air quality operating ::..., IT ............ _ .,.- .............. permit is not eligible for, coverage:..under this;: p6dnit by rule unless those permits are sevoked coxncurre kY with the start of:caverage ernidcr this.permit by'i-W for the facility. b. Any plant sul? ect t. S67—bibule 23.14 rdous far hazardous air ollutias for source. do gorie"s.),""rule::33.3 (special regxzirements for:major stationary :;•- svurcesi;lppa .. in arras ...ysigngtcd atta%mentror i holasH56d PSD) ; orritle 22.5(455B) ... (special requirements foie; nonattaizuneiYt areas.:aspnot:bli.gihle for coverage wider this pbrinit by„ Prohibited Locations C. Any concrete batch plant located in Polk or Linn County or portable facility relocating to Polk or Lina:..Couaty.is riot clams"11e: f r overif9di aft;this pert by rule. d. Any concrete batch plant that is located on the same property where emission sources are covered by an air quality construction permit is not eligible for coverage under this permit by rule. C. A concrete batch plant must maintain a distance of 1,000 feet from another concrete batch plant, any aggregate processing plant, or any -hot )nix• asphalt facility. 4')'Tortland concrete, means a construction material consisting of aggregate, Portland cement, water and other materials mixed that undergo a hydration process binding the: aggregate into a single mass. It is used in the construction of highways, streets, homes, and commercial buildings and for many other related projects. 04/20/2007 FRI 13:12 FAX 319 3514369 SM COSTRUCTION CO, &04/014 Facility Name Streb Construction Co., Inc. page 3 of 13 Tnitial 145*15- Permit Number (dqmruncnL UNC Only) 0,?-A-,qfit' o Type of Facility Being Permitted There are four types of Concrete Batch plants that can be permitted using this template. Please select the type of plant that is being permitted from the list below and follow the both the general requirements and specific operating limits for that type: of plant from Section 14. Please chock the type of facility that is being permitted. Dry Batch Plants (Truck -Mix) Control Equipment on rruck Loadout Operating Limits and Requirements 13 Enclosure 1) .. . " . .." General Requirements and Section 14a ......... . ....... I .......... .................. .. Baghouse (St. dk Height Between 20 Feet and 37 Feet)(2) General R onts and Section 14b Baghq ;(4tR Height 37 Fo ot.ow. M Gqn .. uire ents and Section 14c .4e In .q ... ..... . ... .......... wet Batch P) 3X -4:1:. Gontrd!:Equzp�6ent o"nt"...M ....b..er Lo•d its and Requirements .... En closure ::7 Genex�al R-eciujrerfi&ts--"dnd Section 14d � .. ......... Bet-: ;:general k uirementg-and Section Me , A concrete batch plant that does not have a baghouse on the truck loadout ofm-ixer lo&1i point must ... t ng install an enclosure meeting the requirements in Section 14 to qualify for *hermit using the general permit template. .. ...... .......... ... .. ............ ... .... .... .... ................ ...... .. If a facility has a baghouso with a stack height between 20 feet and 3 7:ii& e t, the stack can be raised to 37 feet or higher and the facility can comply with the requirements of Section 14c. If the facility does not choose to raise the stack, they can comply with the requirements of Section 14b. Pennittee Certification I certify that, based on information and belief formed after reasonable inquiry, the enclosed document,-, including the attachments are true, accurate, and complete and that legal entitlement to install and operate the equipment covered by the permit application and on the property identified in the permit application has been obtained. I certify that this permit, as drafted, is for (and only for) a "concrete batch plant" not otherwise "excluded" as noted below. I certify that there are no physical or chemical characteristics or pollutants in the air contaminants emitted for this facility which arc atypical of this type of facility. I c * tlb�zdt a terms and ditions of this permit will be met at all times. (Responsible Party — Signature) (Title) 4-10-0 Z (Date) 04/20/2007 FRI 13:12 FAX 319 3514369 STREB COSTRUCTION CO, Z005/014 M O v w► a A C 0 N 4� a k V C> y 0 r � 00 00 U cn CIO y U U U pp $� N N 0 .3a! Ns_ ..... ........................................... .: v U N � a �Ha .� QQ b p A 0 rn 04/20/2007 FRI 13:13 FAX 319 3514369 STREB COSTRUCTION CO, V06/014 Facility Name .Initial -15 Inc. Pennit NuTnber (dc ==cnt atio only) PERMIT CONDITIONS page 5 of 13 0 -? -/4--41 40 The permit holder, owner or operator of the facility shall assure that the installation, operation, and maintenance of this equipment is in compliance with all of the applicable conditions of this permit and all other applicable requirements. A facility not meeting any of the requirements set forth in this permit shall apply for a permit to construct as outlined in TAC 22.1(3). 1. Departmental Review This permit is valid only after signature by the Iowa Department of Natural Resources staff. This permit is issued based on the permittee's certification of the information submitted and certification that the terma and conditions in this permit will be met at all times. Any misinformation, false statements or misrepresentations by the: apglicai>r;slrall eanse::this permii::ta bevaid.'Iii':additiaq :ttie applicant maybe subject to criminal penalties according to Iowa Code Section 455B.146A. This permit is issued under the authority of $67 Iowa Administrative Code (JAC) 2 3. A typical concrete batch plant facility has btbri'cva2a8ted:.for,conformairce:w tlt,Iowa Codis':Gliaptec::;ISSB :: b:7'IAG Chapters 20-31; and 40 CFR Parts 51, 52,=60, 61 and 63 an&has the 66tential to compi}s. No review has been wade' tiilten' on the engineerin aspects of the a qui�ncnt gy control equip utcri other than the potential for that:'equip nt for reducing-:aircontarna`ant emission,,: T:lic D1�7it:;As s6iics no: -inability, directly or indirectly, for anyloss d4d. to dait}#i�e to persgns or property caused'iiy, resulting from, or ar smrvut of the deign, installation, mainenee o,.r... �P.e.r.asion ofie .... os6 aqui vWi►t. 2. Transferab - ..: - .... - This permit is for the construction and operation of the specific emission unit(s), control equipment and emission point as described in this pei' mit,,.,As, ljx .te4,by. 5C7 IAC 22.3(3)"f',.thi3,gcimit,i8 not tra ferable from one concrete batch plant facility to anther:`- fiis peiaiit is so not tiaiieferalild'ti'o'ai`one`1'ticat on;tti another unless the equipment is portable. When portable equipment for which a permit has been issued is to 6 :transferred from one location to another, the DNR shall be notified in writing as set forth in Condition 8. The owner will be notified at least thirty (30) days prior to the scheduled relocation by the department if the relocation will cause, or contribute to, a violation of the National Ambient Air Quality Standards. In such casc, a supplemental permit shall be required for further operation as well as prior to the initiation of construction of additional control equipment or equipment modifications needed to meet the standards. This permit is for the construction and operation of the specific emission unit(s), control equipment and emission point(s) as described in this permit and the: application for this permit. Any owner or operator of the specified emission unit(s), control equipment or emission point, including any person who becomes an owner or operator subsequent to the date on which this permit is issued, is responsible for compliance with the provisions of the permit. No person shall construct, install, rcconstruct or alter this emission unit, control equipment or emission point without the required revision to this permit. A permit may be updated to reflect a change in equipment by modifying the Equipment List on page 4 of this permit template and sending a copy to the Department for review. The equipment may be updated as long as the change in equipment still meets the required emission unit and point characteristic descriptions. 3. Construction It is the owner's responsibility to ensure that construction conforms to the final plans and specifications as submitted, and that adequate operation and maintenance is provided to ensure that no condition of air pollution is created. This permit shall become void if any one of the following conditions occur: (1) the construction or modification of the proposed project, as it affects the emission point(s) permitted herein, is not initiated within eighteen (18) months after the permit issuance date; or the construction or 04/20/2007 FRI 13:13 FAX 319 3514369 STREB COSTRUCTION CO, 4007/014 Facility Name Streb Construction Co., Inc. page 6 of 13 Initial • fk f Permit Number (department use only) 07 - 4 - yg/y modification of the proposed project, as it affects the emission point(s) permitted herein, is not completed within thirty-six (36) months after the permit issuance date; or (2) the construction or modification of the proposed project, as it affects the emission point(s) permitted herein, is not completed within a tithe period specified elsewhere in this permit. 3.a. Oritrinal Permits Tht owner or operator shall obtain it new permit if any changes ire ntadc to the final plans and spccifcationv submitted for the proposed project. 3.b. Modified or Supplemental Permits This permit supersedes any and all previous permits issued for the emission point(s) or emission unit(&) permitted herein. However, the permittee may continue to act under the provisions of the previous permit for the emission point(s) or emission unit(s) until one of the following conditions occurs: (1) '11he proposed project authorized by this permit is completed as it affects the emission point(s) permitted herein; or (2) The permit become& void:......,...................................._...................... ... ..... ..... ...........,............... The owner or operator,."' l obtain a new permit if (1) Any changes`ae made to the final plans and specifications submitted for the proposed project; or (2) This perm it.be'comes .void. ............ ;:....... - A permit may be ilodated to reflect a'e •`' p y p e w equipment'by?itictodifyitidg,tbe Equipment Liston.page 4 of this pwnit template and aendlri9 a cagy to'.tbg Aept ittritg t for review. The equintnent may__be'.ttpdiited as, tong as the change in still mee,•Ls the:; • utred'enusston:uont and� point characteristic diikrt trons..... equipment_q :...,.., p :1:: ,.�.......�, 4. Credible irvi cnec ` ' ­­" As stated in 567 40 CFRPart';60.11(g);..,wherp,applYuablc;;any credible evidence may be used for the purpose of•6iUbli': '='j whether a person has violated or i& in violation of any�:provirdonx specified in this permit or any provisions of 567 IAC Chapters 20 through 34. 5. Owner Responsibility Issuance of this permit shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP), and any other requirements of local, state, and federal law. This permit does not relieve the owner or operator of meeting all applicable requirements set forth in 567- Chapters 20 through 25, Chapter 28 and Chapter 33 of the Iowa Administrative Code. The owner or operator of any emission unit or control equipment shall maintain and operate the equipment and control equipment at all times in a manner consistent with good practice for minimizing emissions, as required by paragraph 5671AC 24.2(1) "Maintenance and Repair". 6. Excess Emissions Excess emissions during a period of startup, shutdown, or cleaning of control equipment are not a violation of the emission standard if the startup, shutdown, or cleaning of control equipment is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions except when another regulation applicable to the unit or process provides otherwise.. Cleaning. of control equipment, which does not require the shutdown of process equipment, shall be limited to one six -minute period per one -hour period. An incident of excess cmi,.sions other than the above is a violation and may be subject to criminal penalties according to Iowa Code 455B.146A. If excom emissions are occurring, either the control equipment causing the excess shall be repaired in an expeditious manner, or the process generating the emissions shall be shutdown within a reasonable period of time, as specified in 567 !AC 24.1. An incident of excess emissions shall be orally reported to the appropriate DNR field office within eight (8) hours of, or at the start of, the first working day following the onset of the incident. A written report of an incident of excess emissions shall be submitted as a follow-up to all required oral reports within seven (7) days of the onset of the upset condition. 04/20/2007 FRI 13,13 FAX 319. 3514369 STREB CORRECTION CO. 4 008/014 Facility Name Streb Construction Co., Inc. page 7 of 13 Initial h��' Permit Number (depanment use only) D 7. Disposal of Contaminants The disposal of materials collected by the control equipment shall meet all applicable rules. 8. Notification, Reporting and Recordkeeping A. The owner shall furnish the DNR the following written notifications: 1. The date construction, installation, or alteration is initiated postmarked within. thirty (30) days following initiation of construction, installation, or alteration; 2. The actual date of. startup, postmarked within SRccn (15) days following the start of operation; 3. Transfer of equipment ownership, within 30 days of the occurrence 4. Any facility that relocates must file a relocation notification with the department on DNR Form 542- 1362. prior to the relocation of any conci4e batch plant. 5. The date:of each compliance test required by Permit Condition 12, at hest thirty (30) days before the anticipated compliance test date. 6. The'due"of`ea h'-, etest meettta'g :fid-Icast fifk:c"n (15). days:before'`tlse'"p=oposed meeting date. The owner shall request a 'pioposed twt plan pixitoaccil queitionnairn at least sixty` b0) days prior to each comp test -•.date. The -completed questionnaire shall b�YeoeivedWbvjhe DNR at least fifteen (15) days before5i . p.... t mee uis'.date. B. The over shall fiuui�ljE UNR vciitii the fo'Ilowin i sports: - ., 1. Oral'pccess'ettaisst'ons report',a, in.+accordance witliz567 YAt 24.1. 2. Operation of this ernissi6:-'urri(9) or control.,c.-,;quipment.-Og"ide;of-those limiti"s cified in Permit Conditions 10 apd..L4.,In' 'accordipg,tq•0ic .567 IAC 24„1._.,. 3. A wrifWif compliance demonstiaB= report for'caa'li•~'complianoe'testing wvvent; viyltether successful or not, posunarketi not later than forty-five (45) days after the completion of the test Pibi iod unless other regulations pcaYide for other notification requirements. In that case, the more stringent reporting requirement sl allbe:met.-: :::::.;:;,..........•.,..:::.;.•........::........:.......•..,.•.;.,....:...,. :..i:. C. The owner shall send correspondence regarding this permit to the following address: Construction Permit Supervisor Air Quality Bureau Iowa Department of Natural Resources 7900 Hickman Road, Suite 1 Urbandale, LA 50322 Telephone: (515) 281-8189 Fax: (515) 242-5094 D. The owner shall send cormspondence concerning emission testing to: Stack Testing Coordinator Air Quality Bureau Iowa Department of Natural Resources 7900 Hickman Road, Suite 1 Urbandale, IA 50322 Telephone: (515) 242-6001 Fax: (515) 242-5127 04/20/2007 FRI 13:13 FAX 319 3514369 STREB COSTRUCTION CO, 4009/014 Facility Name Streb.Constmction Co., hie. page 8 of 13 initial Permit Number (department use only) 0'7 -A - t/ 9O E. The owner shall send reports and notifications to: Compliance Unit Supervisor Air Quality Bureau Iowa Department of Natural Resources 7900 Hickman Road, Suite 1 Urbandale, IA 50322 Telephone: (515) 281-8448 Fax: (515) 242-5127 G. All data, records, reports, documentation, construction plans, and calculations required under this permit shall be available at the plant during normal business hours for inspection and copying by federal, state, or local air pollution regulatory agencies and their authorized representatives, for a minimum of two (2) years from the date of recording. 9. Permit Violatiofi `' Knowingly cominrttip'g;a vi'olat;o_.of this permiCay carry a criminal:penalty;of up.to:.10,000 per day fine and 2 .............. ...:.:.... years in jail according to Iowa Co e°Section .4:55B.146A :;..... 10. Emission Limits Pollutant '::':_:::::;.:::_':' ' lb/hr(''� ; "Tons [rtZt I Addttion�l Litiilts:' :"':....Beference fi:• ♦r. �. r•. r..�.l Particulate Matter.. E: .; - ; , _ -'" N/A `::- ....... ........ :1.. ,::., sC l;:: �' / U.�•^ ' 6'`6''Ib/MNiBT ,. 23; 3(2),.a„ • •3.�.3(2)'b" PMto NA NA NA - NA Opacity NA, . I NA , : - -� ....._ ............ 40o is 23.3 2 "d" ' TJO: i33tild:;F isOns(G)- 23.2 2 "c" Sulfur Dioxide (S02) NA NA 2.5 lb/MM)3T(}:, °::' 23.3 3 "b" S00 23.3 3 "c" Nitrogen Oxides O NA I NA NA NA _ Volatile Oraunic Compounds NA NA NA NA Carbon Monoxide CO NA NA NA NA (t) Standard is expressed as the average of 3 runs. (z) Standard is a 12-month rolling total- (3) This standard applies to all emission unity from the concrete batch plant except those units used for indirect heating or power generation. (°) This standard applies to those emission units used for indirect heating. (5) An exceedance of the indicator opacity of (25%) will require the owner/operator to promptly investigate the emission unit and make corrections to operutions or equipment associated with the excecdance. If exceedances continue alter corrections, the DNR may require additional proof to demonstrate compliance (e.g., stack testing). (6) The facility shall take all reasonable precautions to prcvcnt,the discharge of visible emissions of fugitive dust beyond the lot line of property on which the plant is located. A list of reasonable precaution% is detailed in Section 16. (7) This standard applies to the emissions of sulfur dioxide from the use of liquid fuels. This standard applies to all other processes, other than from the use of liquid fuels, that are capable of emitting sulfur dioxide. 04/20/2007 FRI 13:14 FAX 319 3514369 STREB COSTRUCTION CO, 4010/014 Facility Name Streb Construction Co., Inc. page 9 of 13 initial Ycrmit Number (deprtmen1 use oWv) 11. Emission Unit and Point Characteristics The number of emission units at the facility and the stack parameters of the emission points shall conform to the following list. Maximum number of Emission Units. A. A maximum of six (6) silos storing cement or cement supplement shall be located at the plant. B. Any number of elevated aggregate bins; only one (1) bin may be filled at any one time. C. Any number of aggregate load -in hoppers and conveyers; only one (1) load -in hopper and conveyor may be used to transport aggregate or sand to the elevated bins at any one time. D. A maximum of either one (1) truck loadout point for dry batch plants or one (1) mixer for wet batch plants shall be located at the plant E. A maximum of one (1) cement weigh hopper or weigh hatcher. F_ A maxim! g99regate:WQi9lf ltopper..,r . ...: -. G. A maximum of one (1) boiler may be located at the plant. The boiler shall_have a maximum heat input rating of,: l) million BTU per hour or less and shall be limited to using eith& natural gas or propane. H. A maximum of one (1) electric generator. The generator may be of ariy size but shall be limited to usingdieeFfueT;' _ ;:,:.. Emission controt."d Stack Requirements-'!. I. Emissions fr©m eaC};;cemeat.or.cemeriEatupplemznt silq;sha7 be contiollca,by a .baghouse. Mitutnum stack hei t`-for an :-" y cement or. cerr►ent splcmzut silo shall Fre 37 J. The �iinimuia stuckTieight;;df the ba "ousc on truck loadout sha j, li46: at least.10 feet above grade if complying it1i'"�Flie requkem66 of "Section ;ob or: 7 : Feet at;ove grade" iF complying with the rcquii;.oments of Section •_14 . ......"" ..... K. The minim.4 sW_-:4§ijht of tbie.baghcuse on thi;mixer to duag;sl i ll be at.. Ieast.37 -feet above grade if complying v�rsth & r ' ements'bf Section 14e. L. The stack heights of the boiler and generator shall be a minimum of 151::fcct above grade and the stacks) shall be vertical, unobstructed_ :..,. M. The, stacks fro -mixer including vertical, vertical unobstructed, obstructed, horizontal or downward. It sball be the owner's responsibility to ensure that construction conforms to the emission point characteristics stated above. If it is determined that any of the emitMon point characteristics are different than stated above, the owner must notify the Department and obtain a permit amendment, if required. A concrete batch plant not meeting any of the rcquiroments described above shall apply for a permit to construct as outlined in 1AC 22.1(3). 04/20/2007 FRI 13:14 FAI 319 3514369 STREB COSTRUCTION CO, 4011/014 Facility Name Streb Construction Co., Tnc_ page 10 of 13 Initial Narmit Number (dcpnrtmciu use only) 07 _,4- `l 4 D 12. Initial Performance Testing Requirements The department retains authority pursuant to 567—subrule 25.1(7) to require additional emission testing. Pollutant Tcstlng Rc uircd Test Method PM PM No „ No Iowa CompliFtnce Sampling Manual Method S ..___....__ 40 CFR 51, Appendix M, 201A with 202_,,,..... �.......... Opacity �No No -�y .40 CFR 60,A. Method 9 40 CFk 60,_62peadix A.Method_6C_ _ NOS Na 40 C:rlt 60, Appendix A�Merhod 7E- VOC No 40 CFR 60 Appendix,A,, Method 25A_ CO _ _ No 40 CFR 60, Awe dix A, Method 10 Pb No ..................... A0..CFR,60„A ndi&. .Method 12 ... , ,.,.....,... If sneered in the table above, the owner &hall verify compliance with the emission limitations contained in Permit Condition 10 within 60 days after achieving maximum production rate and no later ;Shan one hundred eighty (180) days after the initial 4rartupAate ;of the propo#ed zquipment; ., The„unit(s)::being-aa" I d should be operated in a normal manner at:ihe maximum continuous output as :rated bX_the ecjuipanent manufacturer, ;nr the rate specified by the owner as the s4ximum p:rah-i9nrated. In cases where compliance is to be demonstrated at less than",gie'ndf ltnum'cgntinuous output as mated by;•.the' ianufaettirer .4�pd it i;a tho owner's intent to ...� .��.i .ftn. .n.n. .:..1• :... ..... ...n, 1� .. limit the capacity__to that ratingthe owaer...:may submit evidence.- to the do :that .this unit(s) has been physically altered19 that::eapacity cannot be;exceedeii, or'thp. departmenf may tieq�ttre additioni3I listing, continuous monitoring, report,of opectutipg ;levels, ;tiz aid other;infortnppn deemed_'}iecesilrjFby the depatniient to determine whether this unit(sj=is in compliance. -- _ Vi _ - _.. _. A pretest meeting%hall}�e lielxi;t:a`mutua113:a�reeaile site no :le;�:tlian.fteen:(IS) days�pno� ty the date of each test. Representatives from the DNR shall allcild this meeting, along with the owner ".the testing firm, if any. It shall be the responsibility"_Of the owner to coordinate and schedule the pretest meeting. The owner shall be resperosble for the installatiop and maintenance of test ports. The DNR shall reserve tl-,O'right to impose additional, different, or more detailed testna'g°iequrtrerriett' .--.-..--.:..- -..... - -- Each emissions compliance test must be approved by the DNR. Unless otherwise specified by the DNR, each test sha11 consist of three separate runs. The duration of each run shall be c.%tablishcd by the DNR at the pretest meeting. The arithmetic mean of three acceptable test runs shall apply for compliance, unless otherwise indicated by the DNR. The test methods to be used arc those stated above unless otherwise approved by the DNR. 13. NSPS and NESHAP Applicability Diesel generators where the caginc was ordered after July 11, 2005 and manufactured after April 1, 2006 are subject to NSPS Subpart 1111 of 40 CFR Chapter 60 — Standards of Performance for Stationary Compression Ignition internal Combustion Engines. Diesel generators which were modified or reconstructed after July 11, 2005 are subject to Subpart 1111 of 40 CFR Chapter 60. Diesel generators with a displacement less than 30 liters per cylinder where the model year is 2007 or later are subject to Subpart 1111 of 40 CFR Chapter 60. Storage tanks of petroleum liquids may also be subject to the requirements of one of three NSPS subparts as follows: NSPS Subpart K: Storage tanks were constructed, reconstructed or modified after June 11, 1973 and prior to May 19,1978 and have a minimum storage capacity of 40,000 gallons. NSPS Subpart Ka: Storage tanks Were comtructcd, reconstructed or modified after May 18, 1978 and prior to July 23, 1984 and have a minimum storage capacity of 40,000 gallons. NSPS Subpart Kb: Storage tanks were constructed, reconstructed or modified after July 23, 1984 and have a minimum storage capacity of 19,813 gallons storing a liquid with a true maximum vapor pressure greater than or equal to 15 kPa or if the storage tank is greater than 39,890 gallons storing a liquid with a true maximum vapor pressure greater than or equal to 3.5 kPa_ No NESHAP standards arc applicable to this facility. 04/20/2007 FRI 13:14 FAX 319 3514369 STREB COSTRUCTION CO. 4012/014 Facility Name Streb Construction Co., Inc. page 11 of 13 Initial ' Permit Number (dcpnroncntinonoy) -Y �O 14. Operating Limits The facility shall follow all of the general requirement. for concrete batch plants and the operating limits for the specific type of facility selected on Page 3 of this permit template. if the facility has a diesel generator subject to Ncw Source Performance Standard (NSPS) Subpart 11II, they must also follow the requirements for generators subject to NSPS Subpart IM. General RequirgMents for all Concrete Batch Plants A. The generator is limitcd to firing either #1 or #2 diesel fuel with a maximum sulfur contcrnt of 0.5% by weight per 567 IAC 23.3(3)"b". B. The amount of diesel &el fired In the generator shall not exceed 35 gallons per hour for generators equal to or less than 600 horsepower and 50 gallons per hour for generators greater than 600 horsepower. ......... .. �,.......................... ... C. The diesel i:iicrator`sbatl be Iriinited`'"fo'-opera'tmg•for iao• more"t1i -4;fi5ti hours per rolling 12 month period. D. The maximiun heat input of the boiler shall not exceed 10 N0ABTU/hr. ....,,,.,,...,.._.....;.... ............._. E. The boiler fiiiiited to firing eithet.:3iattf'dl.gas,or propane: .. ... F. The owAcr or ,operator sliull ;:msjii}tain all baghouFes according to manutscturei N specifications and maintcnapce sr�edirle;• If viable emsssions are oliseived iiom;y bagliou!;the ovrer or operator shall .... idcndfY..,! cause of the vdsible;,' isions find:.take con-ectiV"e action immediately. ,.;. :. - - ff Reauiremcnts!or Df el::Geratdirs subjeM^•, o NSPS Subpart=7TIi ; - ` A. The owW or operator o> a•;generaqui subject to NSPS Subp•`ait IIII shell follow •,the emission standards for the type: _.=.d eize.Af die®el. generator �n� as refit iced-in-4.0 CFR *60 4204::-� * " B. Beginning Octobesr.` 1, 2007, diesel fuel fired in a generator subject to NSPS Subpart T111'shall be limited to a maximum sulfiu_c:.ontent of 500 ppm m and a —inimucentane index of 40 or aanaximum aromatic content of 30 percent by v41umes_gex•-4.Q,GFit§80.510(a).•„ ._..:..,_,..:;...::.................: ........_._._.......:_:: ;•..;..;::•:.::.;:::.:,:•::.... C. Beginning October 1, 2016, diesel fuel fired in a generator subjeee- to NSPS Subpart IM and with a displacement less than 30 liters per cylinder shall be limitcd to a maximum sulfur content of 15 ppm and a minimum centane index of 40 or a maximum aromatic content of 30 percent by volume per 40 CFR§80.510(b). D. Per 40 CFR§60A207, owners and operators of pre-2011 model year diesel generators subject to NSPS Subpart IM may petition the Administrator for approval to use rcmaining non -compliant fuel that does not meet the fuel requirements of 40 CFR§80.510(a) or CFR§80.510(b) beyond the dates required, for the purpose of using up existing fuel inventories. 14a. Da Batch (Truck-Nlix) Facilidgm without Bat:housc Control on Truck Loadout A. This type of concrete batch plant shall not produce more than 648 cubic yards of concrete in any calendar day. B. The truck loadout shall be enclosed by either of the following methods: 1. Back -In Operations — The truck loadout shall be roofed and permanently enclosed on the three (3) sides not used to enter the loadout area by the mix truck 2. Drive -Through Operations — The truck loadout shall be roofed and permanently enclosed on the two (2) sides not used to enter the loadout area by the mix truck The other two (2) drivo-through sides must either be equipped with dust tarps that are lowered each time a truck is filled or with drive -through plastic strips. if a facility uses plastic strips, they must be replaced periodically when they become warped or damaged or are otherwise not providing an effective cnclosurn. 04/20/2007 FRI 13:14 FAX 319 3514369 STREB COSTRUCTION CO, 4013/014 Facility Name Streb Construction Co., Inc. page 12 of 13 bitial S 1'crmit NumbOT (ftartincat use only) O 7- A- y 4 0 14b Da Batch (Truck -Mix) Facilities with RaghousAL Control on Truck Loadout and a Stack Height between 20 Feet Above trade and 37 Feet Above Grade A. This type of concrete batch plant shall not produce more than 2,900 cubic yards of concrete in ally calendar day. 14c Dry Batch rfruck--Mix) Facilities with Baghouse Control on Truck Loadout and a Stack Height of 37 Feet Above Grade or Higher A. This type of concrete batch plant shall not produce more than 4,260 cubic yards of concrete in any calendar day. 14d. Wet Batch (Central -Mix) Facilities without Baghouse Control on Mixer Loadin A. This type of concrete ................. ::.:.:.::..::.:.•...• ...................._ ., ............• ..............._.. _.; B. The mixer loading point shall either be enclosed in a process building or othertype of permanent enclosure. 14e_ Wet Batch"(Cein6ai=1Vlitt4; FaeilitMi;a Witli"Bagbobse Nitrol on "Mixer"fi:dltdine A. This type of conctctc:-batch pl ti ;eifi$il not produce ere than 5; 90 oubic,.yW.* of c&imc:tc in any calendar ...,.:.. y:} day. -- - �:;,,,::, -- - -- - - �:��•.. 15. Operating;luondi imu`11!Ionitoii, n _ ,.:,: All records as recluuzd all b;C;;pR_ci#1-sltc Fof;:,-pUz1 i� 1W�'(2) yca+s and sha11 be available for inspection by the, DNR'°:Aecgrds fall be lcgffiii and`maintained"in''td-ordcr y- •'manner. - A. Record each day, tfie amount of concrete produced from the plant in cubic yar4i B. Retain vendor's 661 RieYYised-in thii:generator. C. Record monthly the total amount of time the generator operates in hourk':'taleulate and record rolling 12- month totals. D. Keep a record of the horsepower rating of the diesel generator and the maximum hourly fuel capacity of the generator, B. Keep a record of the maximum heat input rating of the boiler and the type of fuel fired in the boiler. F. The owner or operator shall maintain a record of all inspectiozWmaintenance and any action resulting from the istspection/maintenance of the baghouse(s). G. The owner or operator of a generator subject to NSPS Subpart 1111 shall follow the monitoring requirements of 40 CFR§60.4209. H. The owner or operator of a generator subject to NSPS Subpart TM shall follow the notification, reporting, and recordiceeping requirements of 40 CFR§60.4214, I. The owner or operator of a generator subject to NSPS Subpart IM shall follow the compliance requirements of 40 CFR§60.4211. 04/20/2007 FRI 13:15 FAX 319 3514369 SM COSTRUCTION CO, 4014/014 Facility Name Streb Construction Co., Inc. page 13 of 13 Initial-rlz�z-:2 Permit Number (dcpuru=t use only) O 7 —A -'1q 0 16. Best Management Practices (BMP) All concrete batch plants covered under this permit are required to employ best management practices to reasonably prevent the discharge of fugitive dust from all process equipment, storage piles and haul roads beyond the lot line of the property on which it is located. These BMP are examples of reasonable practices to minirni'e the generation of fugitive dust emissions. BW on process equipment include but are not 1bWted to: • Limit drop heigbts of materials being transferred to or from any conveyor • Enclose all free falling transfer points from conveyor to stockpiles with chute(&) • Totally enclose all conveyors • Provide scrapers at the turning points of all conveyors to prevent dust collection on the belt surface • If using unenclosed elevated aggregate storage bins, do not load aggregate within two (2) feet of the top of the bin walls. „ , . :.....:................ ...... ....... ............................ - ... - ...... .. BMP on haul roads include but are not limited to: • Limiting truck; apced.on;l8cility property. ::.,;. _ • Watcring;and/or treating unpaved rtitdways'withchemical dust -suppressants • Waterin ' and/or.,sW ' aveii roizdways - • Immediately cle" """-or darn"'cell all waterial .1ills on,j a raadwa ys. _ RMP on storAge piles include' but ar'e not limtited to;'-- • """ • Covering,istorago-p'itew... • Watering.. piles - :._. • Partially eircaa:�iirgbavc-ground storage::piTes withiri:t5ree=sided;eaXcl�isures 17. Descriptions of Terms and Acronyms .,•,...•.. ac&n Actual cubic feet per minute Applicant The owner, company official or authorized agent BTU British thermal unit CFR Code of Federal Regulations Department Iowa Department of Natural Resources DNR Iowa Department of Natural Resources gr/dsef Grains per dry standard cubic foot HAP Hazardous Air Pollutant(s) IAC lows Administrative Code NA Not Applicable NAAQS National Ambient Air Quality Standards NOx Nitrogen Oxides Owner The owner or authorized representative Permit This document, including pcnmit conditions and all submitted application materials PM10 Particulate Matter equal to or less than 10 microns in aerodynamic diameter sofm Standard cubic feet per minute SIP State Implementation Plan SO2 Sulfur Dioxide VOC Volatile Organic Compound END OF PERMIT CONDITIONS ' w REX ink MOBILE 12 SE All New MOBILE 112 5E, DRY CONFIGURATION W12 DECUMULATI VE AGG BATCHERS OPTIONAL CP-35 j DUST COLLECTOR 11CUYD CEMENT BATCHER 296" l ZELF ERECT CYLINDERS WET CONFIGURATION 63'6" OPTIONAL CP-305 DUST COLLECTOR W13 DECUMULATIVEAGG BATCHERS - 2 150 BBL _NT SILOS QX)12"0 SCREWS W/ 40 HP DRIVES 10CUYD 11.5CUYD AGG BATCHER AGG BATCHER �- 9' � 9' POWER 28A ' ' Rurlington, Wisconsin 53'105 EX = _� Tel (262) 539-4050 Fax (262) 539-4487 R 12'7" U YD G BATCHER 127' MADE INHE I C> r4 -2 i ra 0 7: -75) w rm cl- = C> C=) CD 00 .2 cl- a ¢-C3 E U-) E o E Qd (3.) 00 r-4 E ea Cam. 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A A 6 c o -a v_ c ro a Q Q v O r O 01 � v n' `° a, Xro C o a O Ln C O 4m- a ev _ O an N , V MINUTES BOARD OF ADJUSTMENT JULY 13, 2011 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRELIMINARY Brock Grenis, Adam Plagge, Caroline Sheerin Will Jennings, Barbara Eckstein Sarah Walz, Sara Greenwood Hektoen, Nick Benson Lee Eno, Wim Murray, Julie Riggart RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Grenis, Sheerin, and Plagge were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE JUNE 8. 2011 MEETING MINUTES: Grenis moved to approve the minutes as amended. Plagge seconded. A vote was taken and the motion carried 3-0 (Eckstein and Jennings excused). SPECIAL EXCEPTION: EXC11-00004: Discussion of an application submitted by Lee Eno for a special exception to allow a reduction in the rear principal setback requirement for property located in the Medium -Density Single -Family Residential (RS-8) zone at 1026 Fairchild Street. Walz shared a location map of the property, a corner lot at the intersection of Fairchild and Center Street. Walz said that the property is somewhat unusual in that it is a square lot and is slightly smaller than the minimum allowable lot size for an RS-8 zone under the current code. Another characteristic of the property is that the front setbacks are so deep as to make the Board of Adjustment July 13, 2011 Page 2 of 7 required rear setback impossible to achieve. Walz said that the because the north side of the property comes closest to meeting the required setback it was designated as the rear property line. Presently, the rear setback is 12-feet whereas the requirement is 20-feet. The proposed addition is on the second floor of the building; however, because the existing first floor of the house is already within the required setback area, any addition, even one on the second floor, must have a special exception to reduce the setback requirement. Walz said that in this particular case, the applicant is also requesting that the second floor addition be allowed to cantilever out two feet beyond the first floor. Staff believes that there is an unusual situation here, with the square corner lot and the deep front setbacks for the house. Walz said that this case is unusual because what is actually the rear setback functions practically as a side setback. She said that staff thinks this is a reasonable request due to the unusual nature of the corner lot and the way that the house is established on the corner lot such that there is a a practical difficulty in complying with the setback requirements. Granting the special exception is not, in staff's view, contrary to the purpose of the setback regulations because the subject lot is a reverse corner lot —the back of the property abuts the side of the neighboring property. Walz stated that the surrounding neighborhood is characterized by homes that are more densely built and are closer together, typically at the side property line. She said that it is not unusual in this neighborhood to have small corner lots or to see side setbacks of 10 feet or less. The proposed addition is located above the existing first floor of the house and cantilevers out two feet beyond the existing wall of the house. Walz said that this seemed to staff to provide reasonable separation that would not interfere with light or air flow and or fire protection, while still providing privacy and compatibility with the neighborhood. Walz noted that she has provided the Board with a copy of a letter concerning the project which had been written by a neighbor. Grenis asked why the rear setback applied to the side -yard even though for all intents and purposes it served as a side setback. Walz explained that except for lots which are double - fronting, there is always a requirement for a rear setback. In this situation, on the short side of to the block where the lots have been split in half, the setback functions as a side setback rather than a rear setback because the neighbor's side -property -line abuts the rear property line. It is still however considered a rear setback. Sheerin said that the Board still needs to treat it as a rear setback, not a side setback. Walz said that the question is whether or not the Board feels the rear setback can be adjusted. Though, she added, it is the opinion of staff that the function of the setback is different based on the fact that the lots are laid out differently than lots would typically be laid out. Sheerin pointed out that the letter written by Julie Riggart addresses privacy concerns the addition might raise. Sheerin said that in the letter -writer's opinion granting the special exception for the decreased setback requirement would result in decreased privacy. Walz said that staffs opinion is that it will not; this is based on the design configuration of the building and the adequacy of the existing setback in terms of privacy, which is similar to a side setback. Sheerin said that she thought that the second story nature of the addition may contribute to privacy concerns. Walz said that staff believed like the ten foot setback is adequate. Walz reiterated that staffs recommendation is to approve the special exception subject to the condition that the setback reduction applies to the addition only, and subject to substantial compliance with the site plan and elevations submitted. Board of Adjustment July 13, 2011 Page 3 of 7 Sheerin opened the public hearing. Lee Eno, 1629 Esther Street, introduced himself as the operator of a company known as Creative Improvements which would be doing the construction of the addition. Plagge asked if the two -foot cantilever was vital to the addition or if the addition could be constructed without it. Eno said that the removal of the cantilever would result in the loss of two feet of the 12x14-foot room. He said that while the square footage of the addition is not large, it is functional for the purposes to which the homeowner's wish to put it. Eno said the costs of the project would increase in proportion to the square footage the homeowners would gain from the project. Plagge said asked if the window could be on the east or the west side of the house instead of at its current placement. Eno said that the window will not have a typical placement, as it will be four feet off the ground, and is designed to provide natural light. Sheerin asked if it is possible to put the window higher or make it a skylight instead. Eno noted that there has to be a certain amount of structural support for the window, and he would be willing to place it as high as he could without compromising structural integrity of the addition. Sheerin said she was just trying to think of a way to provide the light while still maintaining the neighbor's privacy. Eno said that the four foot height is a minimum; he will raise the window as high as he can without compromising the structure. Plagge asked if the final decision as to window height was up to the Building Official that would be reviewing the site plan. Eno said that gable ends are not typically load -bearing walls; typically side -walls where the trusses/rafters come down are the walls that are load -bearing. He said that in order to proceed with the project he would have to be issued a building permit, which will have been reviewed by the Building official. Sheerin asked about the possibility of a skylight to provide natural light rather than putting a window at that location. Eno said that in his opinion a skylight would not look right on that house and would not really maintain the character of the home. Eno said that they are trying to make the addition look like it is supposed to be there by doing such thing as using cedar shingles and maintaining the roofline. Wim Murray, 1026 Fairchild Street, identified herself as the owner of the subject property. She said that the plans for the addition were actually designed by an architect with the idea of keeping the addition and the home itself in keeping with the character of the neighborhood. Murray said she does not want to do a skylight because it does not fit the character of the house at all. Sheerin asked if the glass in the window could be obscured in order to maintain privacy. Murray said that the purpose of the windows is not for view, but for light. Murray shared photographs which she said demonstrate that more of the neighbor's property could be seen from their kitchen windows than could be seen from the proposed addition due to screening by a tree. She also shared photographs of the neighborhood that demonstrated how typical it is for homes there to be located very close to one another. Murray said that while they do not at all want to make their neighbor uncomfortable, they also do not want to be held to backyard standards when that space functions as a side -yard. Julie Riggart, 509 Center Street, said that the pictures shared by Murray are not reflective of the real view. Riggart said that this addition will allow a view directly into her backyard. She said that Board of Adjustment July 13, 2011 Page 4 of 7 the addition and the special exception will be a part of that property long after the Murray's have moved on. Riggart said that the properties were both purchased with the current zoning and setbacks in effect and it is only fair to apply the standards of the zone. Riggart said that at some point the homeowners may just need to decide that the home is not large enough to raise their family in, or find a way to put the additional bedroom somewhere else in the home. Riggart said that the addition will present a hardship for her property, and will ultimately make it difficult to re- sell. She said the two homes are very close together already. Plagge asked Riggart's opposition was primarily to the window, or more to the structure itself. Riggart said that the structure itself is objectionable. Riggart said that the house is too big for the lot as it is, and the addition will further dwarf her little house by comparison. Riggart said that the current zoning code came about because of issues like this, where people built and added on whether or not it was appropriate for the lot size or the neighborhood. Grenis asked whose property the tree was on. Riggart said the tree is on her property but it does hang over onto the Murray's property. Sheerin invited the applicant to respond. Eno said that it did not seem fair that the neighbor could build within five feet of the applicant's rear yard because the neighbor's setback is considered a side setback, whereas the subject property cannot build ten feet from the neighbor because their's is considered a rear setback even though it actually functions as a side -yard. Murray said that her understanding is that the yard in question is considered their backyard because their property has a Fairchild Street address. Walz said that is not correct; on a square corner lot the property owner has the option of choosing which lot -line is their back property line. In this case, Walz said, both of the frontages from Fairchild and Center Street are the same. She said that the rear setback cannot be met on either side of the property, so the side where they come closest to meeting the setback was used as the rear setback. Murray said that her family is not adding onto the house willy-nilly, but are taking the addition very seriously. They have hired an architect to make the design compatible with the existing home and are planning on taking the home back to wood siding. She said that it is her understanding that these improvements would actually improve the property values of hers and surrounding homes. Murray reiterated that even with the special exception, her structure will still be further from the lot line than Riggart's is required to be. Plagge asked if the applicant could live without the window, or if she would proceed with construction if the room had to be slightly smaller. Murray said she would not proceed with construction. The cost of the addition is $40,000, and that is for what will be the smallest bedroom upstairs even without reducing the size. Murray said that the house will still be a modestly -sized house for a family of four at only 1,600 square feet. She said that she would be willing to make the windows higher if the view was a concern, but even with them at a height of four feet she did not think the neighbor's deck could be viewed from the bedroom. Plagge asked if they planned to have windows on all three sides and Murray said that they do because it is a very dark, north -facing part of the house and they think the windows will not only add light but improve the appearance from the exterior. Walz said she wanted to offer a correction to something that was stated earlier. She noted that Board of Adjustment July 13, 2011 Page 5 of 7 from a zoning standpoint the subject house is not too big for the lot —it does not come close to meeting the maximum coverage standards. She said that while the house was placed there prior to current zoning regulations, the Board needs to decide whether or not the special exception is reasonable and satisfies the criteria. Walz noted that the reason that the special exception for setback reductions exist is because there are situations in town, particularly with properties that were established long before current zoning, where the zoning does not fit. Walz said that a special exception is not the same as a variance. Exceptions are written into the zoning and the Board is given the authority to review situations on a case -by -case basis and to decide whether or not it is appropriate and reasonable to grant the exceptions. Walz said that at this point the Board could decide if it wished to proceed with a vote or if it preferred to wait and have the benefit of a full board. She noted that in order for a special exception to pass, three Board members must vote in favor of it. Since only three Board members are present, that means that unanimous approval would be required. She said it may be appropriate for the Board to wait to have two more members to consider the matter, or it may proceed with the vote. Grenis said that the specific proposed exception is not supposed to impede on the use or enjoyment of other property in the vicinity, or substantially diminish or impair property values in the neighborhood. He said this criterion continues to be a sticking point for him, given the neighbor's concerns. He said that as the proposal stands now he does not think the criterion is satisfied. Plagge said that he has seen board's rule both ways on this issue. He said that while he does not have a terrible concern with the actual structure, he does respect the privacy concerns. Plagge said that if the window to the north was a half window that was six or seven feet up he would be fine with the addition. He said he saw no problem with the other two windows being full windows. Grenis said that he would like to have a chance for the other two Board members to weigh in on the issue. Sheerin said she would too as she thinks it is a tough call. Plagge asked if it would be possible to get the Building Official's input on how high the window could go and still be structurally sound. Eno said that if the height of the window and the view from. the window are the greatest concerns and a deferral was in order, then he would definitely explore some options to alleviate those concerns. He said that the customer is quite adamant about the natural light, and he would be willing to put together several different options without eliminating the window altogether. He said that a month's deferral would certainly give him enough time to explore options. Plagge asked if the deferral would present timing issues for the contractor. Eno said they would not cause timing issues for him, but the homeowner was anxious to get going with the project. Murrays said they had been hoping to have the project done before school starts. Plagge said he would be happy to rule on the application this evening if that is what the applicant desired. Sheerin asked if there was any way for the Board to come back to the application before the next scheduled meeting. Walz said that she would have to check schedules. Plagge said that he would be out of town quite a bit in the coming weeks. Riggart asked if the applicant was not required to show that there would be some hardship to the property in order for a special exception to be granted. Riggart said that whether the area in question is a side -yard or backyard is irrelevant unless the applicant showed there was some sort of hardship that would result from having to comply with zoning codes. Plagge said that his findings of fact would include a finding that the property is unusual enough that such hardship Board of Adjustment July 13, 2011 Page 6 of 7 could be found. Riggart said that a higher window would not satisfy her privacy concerns. Sheerin said that while she understands that Riggart's personal concerns are most important to her, what the Board is examining is what is the best way for these two properties to co -exist in this awkward situation. She said that she appreciated Riggart being there and taking the time to express her concerns. Murray said that it had occurred to her during the discussions that she would be fine with some kind of stained-glass, fixed -windows, as that would be compatible with the period of the house. She said that if that would satisfactorily obscure the view for Riggart's purposes, she would be willing to compromise on the decreased natural light that would result. Plagge asked if that was something that could be stipulated. Greenwood Hektoen said that wording could be included to require an opaque glass in the windows. Walz noted that the maintenance of such a requirement would be through the application for building permits or on a complaint basis. Grenis said that he would still really like the other two members of the Board to weigh in on the issue. Greenwood Hektoen advised the Board to close the public hearing and invite a motion. Walz asked if the public hearing could then be re -opened at the next meeting. Greenwood Hektoen said that it could be. There was some discussion as to whether or not the public hearing should be closed or continued until a certain date. It was determined that the public hearing would remain open on the issue. Grenis moved to defer the application until the August meeting or an earlier date as can be arranged. Plagge seconded. A vote was taken and the motion to defer carried 3-0 (Jennings and Eckstein excused). BOARD OF ADJUSTMENT INFORMATION: None. 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