HomeMy WebLinkAbout03-13-2013 Board of AdjustmentWednesday, March 13, 2013 - 5:15 PM
City Hall - Emma J. Harvat Hall
A. Call to Order
MINI.Touft•-1f
C. Consider the February 13, 2013 Minutes
D. Special Exception Item
EXC13-00003: Discussion of an application submitted by The Crisis Center of Johnson County for a
special exception to establish a general community service use in the Intensive Commercial (CI-1) zone
at 1105 S. Gilbert Court.
E. Other
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: April 10, 2013
STAFF REPORT
To: Board of Adjustment Prepared by: Sarah Walz
Item: EXC13-00003 Date: 13 March 2013
1105 Gilbert CT. (Crisis Center)
GENERAL INFORMATION:
Applicant: The Crisis Center of Johnson County
1121 Gilbert Court
Iowa City
Contact: Becci Reedus
319-351-2726 ext. 109
Property Owner: Crisis Center of Johnson County
Requested Action: Special exception to allow a General Community Service
Use in the Intensive Commercial (CI-1) zone.
Purpose: To allow an expansion of the Crisis Center onto adjacent
property previously owned by Johnson County.
Location: 1105 Gilbert Court
Size: Approximately 34,000 square feet
Existing Land Use and Zoning: Public
Surrounding Land Use and Zoning: North: Office and Vehicle Repair Use;
Community Commercial (CC-2)
South: Community Service (Crisis Center); Intensive
Commercial (CI-1)
East: Office/Retail Use and Community Service Uses
(Salvation Army) Intensive Commercial (CI-1)
West: Railroad and Commercial uses; Intensive
Commercial (CI-1)
Applicable code sections: 14-4B-4D-4, Specific Criteria for General Community
Service Uses in the CI-1 zone; 14-46-3A, General Criteria
for all special exceptions.
File Date: 8 February 2013
BACKGROUND: The Crisis Center of Johnson County is seeking to establish a General Community Service
Use in the Intensive Commercial (CI-1) zone at 1105 Gilbert Court. The property was formerly the
Johnson County Public Health Office and is currently zoned Public (P-1) to reflect local government
ownership. When the County consolidated its offices at a new administrative building on South
Dubuque Street, the subject property was put up for sale and has remained vacant since 2010. The
County has agreed to sell the property to the Crisis Center; the change in ownership will result in the
property being rezoned to CI-1. Community Service uses are allowed in the CI-1 zone by special
exception.
The Crisis Center currently operates the adjacent property to the south at 1121 Gilbert Court, which is
also in the CI-1 zone. In partnership with the Domestic Violence Intervention Program (DVIP), the Iowa
City Free Lunch Program (FLP), and National Alliance on Mental Illness (NAMI) of Johnson County, the
Crisis Center proposes to use the property as part of a collaborative "human services" campus in order
to improve service and pool resources. The two properties will share parking. Together with the Crisis
Center property at 1121 Gilbert Ct., the development will provide 79 parking spaces.
The existing office building will undergo major renovation to accommodate the new use. Though plans
for the interior are not finalized, the present draft plan shows seven offices, two meeting/conference
rooms, storage room, a commercial kitchen, and an 1,800 square foot meeting space/dining area.
The Free Lunch Program (FLP) will occupy approximately 3,840 square feet of space. FLP provides a free
self-service breakfast of coffee and toast in addition to a hot meal served at noon, six days a week.
Lunch is served from noon until 1 PM each day. On average, FLP serves 110 meals per day.
The Domestic Violence Intervention Program (DVIP) will occupy 1,380 square feet of space, with 3
offices and a meeting room to conduct outreach and counseling services. (No shelter services are
proposed or allowed by code on this site.) The National Alliance on Mental Illness and the Crisis Center
will occupy approximately 1,550 square feet of space with 4 offices and a meeting/conference room.
Proposed uses for the property include support group meetings, educational programs, and community
training. (See description of day-to-day use of the property included with the application materials.)
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-4D-4 pertaining to General Community Service Uses in the Intensive Commercial (CI-1)
zone in addition to the general approval criteria for special exceptions as set forth in Section 14-46.3A.
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 (14-4B-4D-4)
The proposed use will not significantly alter the overall character of the zone and will not inhibit
future development of uses for which the zone is primarily intended. The Board will consider such
factors as size and scale of the development, projected traffic generation, and whether adequate
transportation, transit, and pedestrian facilities exist to support the proposed use.
Staff believes that the application satisfies this criterion based on the following findings:
• The surrounding CI-1 zone is home to a mix of consignment stores, vehicle and other repair
uses, offices, and general community service uses. General Community Service uses already in
the neighborhood include the Salvation Army (located directly across the street from the subject
property) and the Mayor's Youth Empowerment Program (located across the street from the
Crisis Center at the intersection of Gilbert Court and Highland Court).
On -street parking is in high demand in the neighborhood and, due to the number of curb cuts
along Gilbert Court, is very in limited supply. The two Crisis Center properties together will
accommodate 79 parking spaces. The minimum off-street parking requirement for the two
buildings, based on square footage and proposed use, is 49 spaces.
The neighborhood is served by three transit lines: the Lakeside and Broadway stops are located
approximately 1-2 blocks away at South Gilbert Street and Kirkwood Avenue intersection. The
Mall bus route has a stop two blocks to the East near the Kirkwood Avenue and Diana Street.
Staff believes the minimum bicycle parking required by code is insufficient for the proposed use:
The Free Lunch Program generates significant bicycle traffic. Observations indicate that similar services,
such as Shelter House, have overflowing bike racks. Staff therefore would recommend increasing the
required bicycle parking beyond the minimum required by code. Staff recommends apply the vehicle
parking calculation (1 space per 150 square feet of floor area) to determine an appropriate number of
bicycle spaces. Based on the currently proposed dining room size, this would amount to 24 spaces of
bicycle parking. A final determination on the amount of bicycle parking would be made by the Building
Official at such time as the applicant submits a final draft of the building plan forthe interior space. In
order to ensure efficient bicycle parking, Staff additionally recommends that the type of bicycle rack be
approved by the Transportation Planner.
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 based on the following findings:
• The two Crisis Center properties together provide nearly twice the required minimum
parking for the use proposed.
• The neighborhood is well served by public transit-3 bus routes have stops within two
blocks of the site.
• Sidewalks are in place along Gilbert Court and Kirkwood Avenue to serve pedestrians.
• By increasing the amount of bicycle parking based on the size of the cafeteria/dining
room, the applicant can provide an appropriate level of bicycle parking for the proposed
use.
Z. 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 satisfies this based on the finding in #1 above and the following finding:
• The applicant will be required to bring the property into compliance with requirements for
pedestrian access and layout for the parking area. The plan for the parking area includes
providing drives that circulate behind both building to connect the various parking areas on
the 1105 and 1121 Gilbert Court properties and combining the two existing drive entrances
(curb cuts) located between the buildings into one, narrower drive entrance. This will not
only improve vehicle circulation for the Crisis Center parking areas, but will also improve
safety and increase on -street parking for vehicles on Gilbert Court. In addition, the applicant
will install terminal islands on the parking rows, which makes vehicle movement within the
parking area safer.
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 based on the findings provided above under general
criteria #1 and #2.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
Staff believes the application satisfies this based on the following finding:
All necessary utilities and facilities are already in place for this property and the
neighborhood.
5. Adequate measures have been or will betaken to provide ingress or egress designed so as to
minimize traffic congestion on public streets.
Staff believes the application satisfies this based on the following finding:
• As stated above under general criterion #2, the applicant will be constructing circulation
drives behind the buildings at 1121 and 1105 Gilbert Court in order to connect the various
parking areas associated with the two properties. The applicant will also combine the two
current driveways from Gilbert Court, located between the 1105 and 1121 buildings, into
one driveway. This will improve ingress and egress on a street that has many curb cuts with
insufficient separation. This will be of some benefit to on -street parking as well. (The two
drives currently occupy approximately 60 feet of curb space; the new drive will occupy less
than 30 feet of curb space.)
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.
As part of the site plan review process the applicant is required to bring some aspects of the
property into compliance with the commercial site development standards, including parking area
layout, bicycle parking, and pedestrian access. The applicant is not required by code to come into
compliance with the landscape and screening standards for the parking area, however, given the
amount of paving on the site, Staff recommends installation of shade trees in accordance with the
parking area standards to the extent possible given the constraints of the property.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this based on the following finding:
• The Comprehensive Plan supports the efficient provision of human services.
STAFF RECOMMENDATION: Staff recommends approval of EXC13-00003 an application for a General
Community Service Use in the Intensive Commercial (CI-1) zone at 1105 Gilbert Court, subject to the
following conditions:
1. The applicant will provide 1 bicycle parking space per 150 square feet of floor area, based on the
size of the cafeteria/dining area. The Building Official will calculate the requirement based on
the floorplan submitted with the building permit application.
2. The bike rack design must be approved by Transportation Planning staff.
3. Installation of parking area shade trees to the extent possible given the constraints of the lot.
ATTACHMENTS:
1. Location map
2. Parking area plan
3. Application materials
4. Correspondence
Approved by: o�"
Robert Miklo, Senior Planner
Department of Planning and Community Development
L--Y" -i 3
APPLICATION TO THE
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PROPERTY ADDRESS:
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PROPERTY OWNER: Name:
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Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowa-city.org.
Purpose for special exception:
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Date of previous application or appeal filed, if any:
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SOCIAL SERVICES BUILDING Co
1105 GILBERT COURT
IOWA CITY, IOWA
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The Crisis Center of Johnson County, through The 1105 Project will establish a
collaboration of social services agencies including the Free Lunch Program (FLP),
Domestic Violence Intervention Program (DVIP), and National Alliance on Mental Illness
— Johnson County (NAMI-JC).
The 1105 Project will have numerous positive outcomes for county residents:
® Sustainability of the Free Lunch Program, the only local agency providing free
self -serve breakfasts and hot noon meals 6 days a week. FLP's current facility in
lacks adequate ADA accessibility for clients and has numerous barriers for the
900+ volunteers who support the program.
® Outreach, youth and prevention education services provided by Domestic
Violence Intervention Program. Without 1105, these critical needs for victims of
abuse will continue to go unmet in our community.
® Increased programs for individuals in crisis and those living with mental illness
through support groups, educational programs, and community trainings
provided by The Crisis Center and NAMI-JC. Without 1105, both agencies are
limited in ability to offer and grow these types of services.
® Commercial kitchen and meeting space for use by the local foods industry and
other organizations.
® Opportunities to explore innovative collaborations of the kind that will be,fequired
for non -profits not just to survive, but to thrive as we continue meeting the
growing demand for services.
0 Description of each agency:
The Crisis Center of Johnson County is located at 1121 Gilbert Court in Iowa
City, a 7,763 square foot facility that is home to all of our program services — the
24-Hour Crisis Line call center, which also houses Crisis Chat; the Food Bank &
Emergency Assistance program and warehouse; community intervention
programs such as suicide prevention training and the monthly Suicide Survivors
Support Group; natural disaster recovery programs when needed by the
community; and administrative functions. We are proud to be a partner agency
of the United Way of Johnson County.
The Domestic Violence Intervention Program (DVIP) was founded on the
believe that everyone has the right to live free of fear and harm. DVIP provides
support and resources to individuals battered by their partner or loved ones.
Programming includes 24 hours safe shelter and hotline, advocacy with law
enforcement, courts, medical services and social services, counseling and
support groups, youth support services and community education.
Free Lunch Program provides noon meals, free of charge, six days a week to
anyone in need. A self -serve breakfast of coffee and toast is offered in the
mornings, and lunch is served Monday through Saturday from noon to 1 pm.
Meals are served by 37 different volunteer groups.
National Alliance on Mental Illness — Johnson County is a grassroots
organization and offers education, support and advocacy for persons with mental
illness and their families. Evidenced -based educational classes are provided for
families/significant others, consumers, care providers and the general public.
Peer support is available by phone, at group meetings or individually. NAMI
advocates at the local, state, and national levels to improve the lives of all those
affected by mental illness.
Description of day -today use of the property
The concept of 1105 is to create efficiencies, not only to utilize space but to share space. Instead of each
agency having a conference/board roorn, all four agencies use the same conference/board room. The
same conference/board room will be adjoining the dining room to allow for the Free Lunch Program
(FLP) to have some special program projects working with the clients. In addition, the conference/board
room can be used for support groups, training and meeting spaces.
The FLP runs daily from morning through early afternoon. FLP anticipates needing the kitchen/dining
room/bathrooms for free lunch activities from approx 8:00 a.m. until 2:00 p.m. Monday through
Saturday. The only tirne FLP serves a meal on Sunday is if Christmas day falls on Sunday.
There is a proposal for the commercial kitchen to be made available to local food producers or for
classes on nights and weekends— but those details have not yet been confirmed.
Additionally, there will likely be at least an afternoon or 2 or 3 per month when one of the serving teams
needs to use the kitchen to start meal preparation for the next day, and will be scheduled that on an as -
needed basis.
FLP may, from time to time, schedule auxiliary sessions in the adjacent conference room (accessible
through a doorway from the dining room) for free medical services (i.e. flu shots) and perhaps visits by
dental hygienists. These and other activities that meet various needs of our free lunch guests may occur
occasionally during free lunch hours some days— not regularly.
The Dornestic Violence Intervention Program (DVIP) will have administrative staff daily during regular
business hours. Outreach staff will meet with clients for counseling appointments or to facilitate
support groups. The applicant anticipates that DVIP group events will likely happen 2-3 times a week,
counseling could happen 3-S times daily. DVIP space may be used for meetings with funders, community
organizations, staff meetings, etc.
DVIP has youth activities that generally run after 3:00 p.m. during the school year, but could run anytime
during the summer. Activities (whether that is support group, education or play) are generally 2 hours
or less. Children will be brought to site by their mothers, or as a group (17 passenger van) by staff. The
applicant anticipates youth activities three days a week —these could go as late as 8:30 p.m. in the
evening and an occasional weekend activity. Most of our activities at 1105 will be art or education
based.
The National Alliance on Mental Illness (NAMI) will have administrative staff daily on site daily during
business hours. NAMI will have various group activities --support groups, education, community training.
Support groups meet on Tuesday and Thursday. Approximately 12 people attend these meetings. NAMF
Board meetings occur once each month and 18 people attend those. In the future, NAMI will have
training on the weekends, but does not anticipate more than 20 people to attend.
The Crisis Center has one office room in the 1105 building and plans to use it daily for various meetings
during business hours. The Crisis Center also plans to use space for training and some of our training
falls on nights and weekends — However we currently use 1121 Gilbert Court for the same activities.
Sarah Walz
From:
Tom <tbender@assurancepm.com>
Sent:
Wednesday, March 06, 2013 12:22 PM
To:
Sarah Walz
Cc:
Becci Reedus, 'Rob Phipps'
Subject:
Request for rezoning for 1105 S. Gilbert Ct
Sarah,
I am writing to support the application by the Crisis Center to rezone 1105 S. Gilbert Ct. I own 321-331 Kirkwood Ave
with Rob and Jean Phipps and manage the property. The proposed rezoning and Pavement Replacement Plan, coupled
with the proposed additional lighting will undoubtedly improve the appearance of the area and add security to rear of
our properties on Kirkwood Ave. The improved efficiency gained from the project will allow the Crisis Center to more
effectively serve residents of Johnson County. Your approval will further demonstrate that our local governmental
bodies can cooperate effectively for the benefit of everyone in our area.
Regards,
Tom
Thomas J Bender
Assurance Property Management
319-530-7333
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FEBRUARY 13, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Brock Grenis, Will Jennings, Becky Soglin
MEMBERS ABSENT: Gene Chrischilles
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Mark Kennedy, Duane Musser, Kevin Digmann
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF THE JANUARY 9, 2013 MEETING MINUTES
Baker moved to approve the minutes with some corrections.
Jennings seconded.
A vote was taken and the motion carried 4-0.
SPECIAL EXCEPTION ITEM
EXC13-00001: An application submitted by Tom Fresenmeyer for a special exception to allow a
reduction of the required front setback for property located in the Low Density Single -Family
(RS-5) zone at 301 Richards Street.
Walz said one of the specific standards for setback reductions is that the property faces a
peculiar situation. She said this is a triangular lot —such a lot would not be platted under the
current code. She said the house fronts onto two different streets, and when there is more than
one street frontage, a front setback is required along both frontages. She said that in this
instance, because more than half of properties along the block vary significantly from the
required 15-foot setback standard, that setback averaging applies. In this case the City use the
Board of Adjustment
February 13, 2013
Page 2 of 7
setback of the nearest property, which in this case is twenty feet. She showed pictures of the
property, the house, and the neighborhood. She stated that garage is 280 sq. feet and about
twenty feet long and noted that one corner of the garage would be about fifteen feet, six inches
from the property line. She said there is not a sidewalk on this portion of Ferson Street due to
some topographical issues further down the street, and there will probably never be a sidewalk
here. Walz said a requirement for garages is to have twenty-five feet of driveway between the
garage entrance and the property line —a requirement that this Board cannot waive. She said,
though, that the property owner has applied for a minor modification. She said staff has placed
the condition upon approval of the special exception that the applicant either meet the twenty-
five feet standard by straightening the drive or secure a minor modification from the Building
Official.
Walz said that because this is a triangular lot that fronts on two streets, the two standards of
practical difficulty and a peculiarity are met. She said that given that the setback is along a street
and not a side property line it meets most of the third standard which is that granting the
exception will not be contrary to the purpose of any of the setback regulations that are described
in the staff report. That is it will not present problems for firefighting and will not impede light or
air or intrude upon the privacy of neighbors. She said given the variation in setbacks and building
placement in the neighborhood, staff did not believe that this modest relaxation of the setback
standard for a small garage would detract in any way from the neighborhood. Walz explained
that the contractor had consulted with the Historic Preservationist on staff to make sure that the
design and materials for the garage met historic standards. She noted that the neighborhood is
eligible for historic designation. Walz said staff is recommending approval for the reduction of the
principal setback from the required twenty to fifteen feet subject four conditions.
Jennings asked if the term "garage" has specific meaning in terms of structure. Walz explained that
it's considered an accessory structure, but because it is attached to the house it is considered a
part of the principal structure and must therefore meet the principal building setback requirement. If
it were not attached to the house, there would be different setback requirements for it. Jennings
said an accessory structure could cover an array of situations. Walz said part of the reason they
have the twenty-five foot requirement for driveways is that many people do in fact use their
garages for storage, so the City wants to ensure there is adequate space to park a car in the drive
such that it doesn't block a public sidewalk.
Jennings asked what the function of the breezeway is. Walz said its purpose is strictly to attach
the house to the garage. Jennings asked if the breezeway is considered part of the accessory
structure. Walz said the breezeway and garage, because they are attached to the house, and
attached to each other, are all part of the principal structure. Therefore they have to meet all the
setback requirements of the principal structure.
Grenis invited the applicant to speak.
Mark Kennedy, the general contractor for the project, said this is actually phase two of an
extensive remodeling project in which they added on to the home. He said because the owners
have tried very hard to be historically accurate you can't see where an addition was put on.
Grenis opened public hearing
Grenis closed public hearing.
Board of Adjustment
February 13, 2013
Page 3 of 7
Jennings moved to approve EXC13-00001, an application for reduction of front principal
building setback from twenty feet to fifteen feet for property located in the Low Density
Single Family (RS-5) zone at 301 Richards Street subject to the following conditions:
1. Substantial compliance with the plan submitted in terms of garage size and
location.
2. The setback reduction is for a single stall garage.
3. The garage will be sided to match the house.
4. The applicant must meet the 25-foot driveway length requirement or secure a minor
modification for the driveway length from the Building Official.
Bakerseconded
Baker said regarding EXC13-00001 he concurs with the findings set forth in the staff report of
February 13, 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member, he recommends that the Board adopt the
findings of the staff report as Board findings with the approval of this proposal.
Grenis said that what the applicant has done in terms of materials and design is above and
beyond what is required and thus the proposed garage does fit in well with the neighborhood
and will not impede or detract from any development in the vicinity.
A vote was taken and the motion carried 4-0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
EXC13-00002: An application submitted by Hodge Construction for a special exception to allow
a reduction of the required front setback for property located in the Community Commercial
(CC-2) zone and Commercial Office (CO-1) zone at William Street and Muscatine Avenue.
Walz showed the location map for the property. She said this area is part of the Towncrest
Urban Renewal area, with old commercial area containing many medical offices. She said over
the years many of the properties have gone into decline due to neglect. Through the
Comprehensive Planning process for the Southeast District this was identified as an area that
badly needed redevelopment and that significant public input helped to shape the plan for
Towncrest, including input from businesses, property owners, and residential neighbors. She
said the City has established a guiding vision for the area, but the zoning standards are not yet
fully drafted. Walz said anything that is developed in this area currently needs to comply with the
Towncrest design standards and yet there is no code language in place. Therefore the
development is required by law, unless it gets a special exception, to meet with current code
standards.
Walz said staff is recommending the applicant bring the building up to the property line along
the Muscatine Avenue right-of-way, which has enough width to get the recommended wide
sidewalks and all the landscaping in on the public property to accommodate the same look that
Board of Adjustment
February 13, 2013
Page 4 of 7
every other redeveloped site will eventually have. She said the applicant is asking to go to zero
feet along the Muscatine property line. She said staff recommended that they have a two -foot
setback along William Street to accommodate everything that is needed. She said they will be
dedicating an eight foot wide strip that runs the length of the property as street right-of-way to
make William Street uniform in width and also to get the wide sidewalks and landscaping and
some on -street parking.
Walz said the property to the south is currently medical office use. She said the City is in
negotiations with a developer to create elder housing on that site. She said that property for the
time being has been rezoned multi -family. She said any commercial zone that abuts a
residential zone is required to provide a minimum five-foot side setback. She said the applicant
wanted to reduce that to zero, but the maximum reduction the Board may grant is three feet.
She said there is a challenge in the application trying to meet the two opposing standards of the
Towncrest Redevelopment Plan and the Zoning Code. Walz said in addressing the question of
whether granting the special exception will be contrary to the purpose of the setback
regulations, she explained that the Towncrest Plan is set up to reorient all these properties so in
regard to all those standards that speak of the potential for future development, the character of
the neighborhood and the general placement will all change for all of these properties. She said
all the properties along William Street will come into conformance with this special exception,
but it will be some years before some of the more recently developed properties out further
along Muscatine Avenue redevelop. Walz said because this is part of a redevelopment plan the
intent of it is to make the neighborhood more attractive, more user friendly, and to draw more
people into the neighborhood, so staff finds there are no negative externalities associated with
this special exception. Walz said the proposed building is not going to be located any closer
than three feet from side property line. She explained how the new curb cuts and driveways will
make the property safer for vehicle access and pedestrians.
Jennings said it seems like what the Plan is looking to address is the way Towncrest streets
have developed that has allowed them to become more like lanes in a parking lot than streets.
He said this creates more vehicle access, and over time, that creates a very unfriendly
pedestrian or bicycle experience. He said Wade, William and Arthur Streets especially have
become connector streets between Muscatine and residential streets. He said the plan making
this less chaotic and orderly in terms of the flow does improve the area. Jennings asked if all
traffic entering the site must enter on William Street. Walz said it must. She said the driveway
onto Muscatine will be an exit -only drive.
Baker asked what will happen with the underground gas tanks on the site. Walz said that the
site is being cleaned up in preparation for development, but if for some reason the tanks were
not removed, that would preempt the buildings from being developed.
Soglin asked if the Towncrest plan were in place, which of any of the three setbacks would
theapplicant still perhaps be seeking a special exception for. Walz replied that it would be none.
Grenis asked if not for this development, are there other bus pull offs along Muscatine Avenue.
Walz said she did not know.
Jennings said he is sensitive per other discussions the Board has had regarding developments
of areas that are closer to main arterial intersections and whether more curb cuts and more left
Board of Adjustment
February 13, 2013
Page 5 of 7
turns are being created or reduced. He said this does seem to be establishing a more regulated
flow of traffic in the area. Walz said that is one of the big improvements for Towncrest.
Soglin asked if there was a zero setback and someone wanted to install a window air
conditioner would they be allowed to do that. Holecek said they wouldn't be allowed, since they
would be trespassing on the neighbor's property. Walz said this is the type of setback you see
downtown where buildings are set at the property line. She said air conditioners are temporary,
not part of the structure itself. In other cases when property owners have wanted to add a
balcony, they have had to buy the public air rights.
Jennings asked if a specific building plan is being looked at currently. Walz said they are going
through design review and she thinks it has been approved. Jennings asked if the trash
receptacles would be in the rear of the building. Walz said yes, and they would have to show on
their site plan where they are going to locate them.
Grenis invited the applicant to speak.
Duane Musser of MMS Consultants, who prepared the site plan, and Kevin Digmann
representing the applicant, were available to answer any question.
Digmann, said the gas tanks have been removed and the site cleaned up. Baker asked if there
were no impediments to the plans they have now based on a possible future environmental
problem. Digmann said they have two existing users in the Towncrest area who are going to be
buying space, and he said they completed their building plans based on having the building in a
certain location, so this special exception needs to happen.
Grenis opened public hearing
Grenis closed public hearing.
Baker moved to approve EXC13-00001, an application submitted by Hodge Construction
to reduce the front and side principal setbacks for property located in the Commercial
Office (CO-1) and Community Commercial (CC-2) zones located at the southeast corner
of Muscatine Avenue and William Street as follows:
1. The principal building setback along Muscatine Avenue is reduced from ten feet to
zero.
2. The principal building setback along William Street is reduced from ten feet to two
feet.
3. The principal building setback along the south property line is reduced from five
feet to three feet.
4. These reductions are subject to substantial compliance with the site plan
submitted.
Jennings seconded the motion.
Grenis said this is such a peculiar circumstance trying to comply with the yet -to -be -determined
zoning code changes. This does a pretty good job addressing those concerns based on the
guidelines for the Towncrest district, which is part of the Comprehensive Plan.
Board of Adjustment
February 13, 2013
Page 6 of 7
Baker said regarding EXC13-00002 he concurs with the findings set forth in staff report of
February 13, 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in staff report as Board findings for the approval of this proposal. He said in particular
he would like to point out the unique nature of the application dealing with two sets of
regulations and zonings and the Comprehensive Plan and feels that the staff report takes all of
this into account well.
Grenis said he concurred with the findings. Jennings and Soglin said they also concurred.
A vote was taken and the motion carried 4-0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
OTHER:
The newest member of the Board, Becky Soglin, was welcomed by the other Board members.
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Jennings moved to adjourn.
Bakerseconded.
The meeting was adjourned on a 4-0 vote.
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