HomeMy WebLinkAbout05-8-2013 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, May 8, 2013 - 5:15 PM
City Hall - Emma J. Harvat Hall
AGENDA
A. Call to Order
C. Consider the April 10, 2013 Minutes
D. Special Exception Item
EXC13-00006: Discussion of an application submitted by McDonald's USA, LLC for a special exception
to expand the existing drive -through facility on property located in the Community Commercial (CC-2)
zone at 2440 Mormon Trek Boulevard.
E. Variance Item
VAR13-00001: Discussion of an application submitted by Jay Nelson for a variance to waive the off-
street parking requirements to allow redevelopment of property located in the Central Business Service
(CB-2) zone at 211 N. Linn Street
F. Other
Consider a request to extend the term of a special exception for New Cingular Wireless PCS LLC
(AT&T) to locate a communication transmission facility in the Neighborhood Public (P-1) zone at 2901
Melrose Avenue (West High School).
G. Board of Adjustment Information
H. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: June 12, 2013
STAFF REPORT
To: Board of Adjustment
Item: EXC13-00006
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner:
Prepared by: Andrew Bassman, Planning Intern
Date: May 8, 2013
McDonald's USA
1650 W 82"d Street, Ste. 900
Bloomington, MN 55431
(952)486-4163
Brian.Smith@us.mcd.com
Joel Jackson
Bishop Engineering
3501 1041h Street
Urbandale, IA 50322
(515) 276-0467
jjackson@bishopengr.com
Archland Property I LLC
One McDonald's Plaza
Oak Brook, IL 60523
(630) 623-3526
doreen.evans(c)us.mcd.com
Requested Action: Special Exception to allow an expansion of an
existing drive -through facility in the Community
Commercial (CC-2) zone.
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
Convert the existing single -lane drive -through
facility to provide side -by -side order board lanes.
2440 Mormon Trek Blvd.
1.02 acres
Fast-food restaurant, Community Commercial
(CC-2)
North: Commercial; CC-2
South: Commercial; CI-1
East: Airport; P1 and commercial; CI-1
West: Commercial; CI-1 and CO-1
14-4C-2K-2 (Specific Criteria), 14-413-3A (General
Criteria)
File Date: April 8, 2013
BACKGROUND:
The McDonald's restaurant located at the intersection of Mormon Trek Boulevard and Highway 1,
is requesting a special exception to expand its current drive -through facility. The applicant
proposes to eliminate 4 parking stalls located at the rear of the property in order to convert an
existing single -lane drive -through facility into a side -by -side drive -through, adding an additional
order board lane.
The applicant filed and was granted an identical special exception in 2012, however the 6-month
term of the special exception expired before the application submitted a building permit
application. All approved special exceptions must be established or be in the process of being
established within 6-months of approval unless the applicant requests an extension at the time the
application is reviewed by the Board or within the 6-month term of approval.
The proposed drive -through circulates around the rear of the restaurant with the pick-up window
located on the west side of the building. The drive -through lane provides space for
approximately 3 stacking spaces at the service window with a combined 5 stacking spaces at
the order boards. Additional cars would stack along the east side of the building.
The McDonald's restaurant is located adjacent to a car wash and gas station; all are in the CC-2
zone and share cross access drives. Drive -through uses are permitted by special exception only
in the CC-2 zone.
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-2 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 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 (14-4C-2K-2)
a. The number of drive -through lanes, stacking spaces and paved area necessary for the
drive -through facility will not be detrimental to adjacent residential properties or detract
from or unduly interrupt pedestrian circulation or the commercial character of the area
where it is located. To promote compatibility with surrounding development, safe
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of the drive -through to rear or side access, requiring directional signage, limiting
the number of lanes and/or amount of paving, and limiting or prohibiting the use of
loudspeaker systems.
Staff believes the application satisfies these criteria based on the following findings
• The nature of the existing uses adjacent to McDonald's—a car wash and gas
station —and the presence of a drive -through already at McDonald's make the
proposed expansion consistent with the commercial character of the area.
• The submitted site plan shows space for at least 4 cars to stack at the order boards,
in order to improve the efficiency of the drive -through facility.
• There is space for 3 cars to stack between the order boards and the pick-up window.
• The site plan shows that the pavement along the drive -through will be marked with
directional arrows, and signs are posted at the entrance to the drive -through.
• The site plan shows that pedestrian access is provided from the Mormon Trek right-
of-way (sidewalk) at the southeast corner of the property. Pavement markings are
shown on the site plan and are a requirement of the parking area design standards.
• The site plan for the drive -through expansion shows that the McDonald's lot meets
the minimum parking requirements based on square foot of floor area of the
restaurant, set forth in the commercial site development standards.
b. The transportation system is capable of safely supporting the proposed use in addition
to the existing uses in the area. Evaluation factors include street capacity and level of
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 these criteria based on the facts provided in No,2a
(above) and the following findings:
• The McDonald's restaurant is located in a high -traffic area, at the corner of Mormon
Trek Boulevard and Highway 1. Both roads are designed to handle the level of traffic
generated by this kind of retail uses.
• Because the drive -through is located to the rear of the building, there is sufficient
space for vehicles to stack before reaching the entrance from Riverside Drive.
• Drive -through circulation is not in conflict with pedestrian access to the restaurant —
the site plan shows that entrances to the restaurant are provided on the south side of
the building. Pedestrian access is therefore appropriately from Mormon Trek.
• The addition of a second drive -through lane is intended to provide more efficient
service, minimizing the amount of time that cars are stacked along the south side of
the building.
• Cross access drives with the adjacent commercial properties are designed to provide
the circulation needed between sites; cross access on the north side of the site
provides an appropriate alternative (secondary) access point.
c. The drive -through lanes must be set 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 these criteria based on the facts provided above
and the following findings:
• The drive -through lanes meet the 10-foot setback from adjacent lot lines and public
rights -of -way requirement.
• The submitted site plan shows added S-2 screening along the east and south
property lines. Screening is also provided at the rear (north) side of the drive -through.
• Staff recommends waiving the requirement for S2 screening along the west property
line due to the change in grade between the two abutting properties. The site plan
shows the addition of shade trees in this area in order to meet the parking area
design standards in the code.
2d. 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 these criteria based on the following findings:
• Staff recommends that the property lighting be reviewed by the Building
Department as part of the building permit process. All lighting standards must be
met in order for a building permit to be issued.
• The drive -through area location and traffic circulation for the drive -through are
directed behind the building and are not in view of 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 and markings, staff believes the
application satisfies this criterion based on the following findings:
• Mormon Trek Boulevard and Highway 1 are both designed to serve the levels of
traffic generated by CC-2 uses such as the one proposed.
• The drive -through lanes are located more than 200 feet from the public street.
• Cross access drives with the adjacent properties provide appropriate circulation for
the proposed use.
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 the
subject property is surrounded by other commercial uses.
• Views of the drive -through will be minimized by installation of S2 screening along
the south and east property lines where the property is in view of the Mormon Trek
and Highway 1 rights -of -way.
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 regarding circulation, setbacks, and screening, staff
believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
For the reasons provided under the specific criteria above regarding compatibility with
the nature of adjacent uses, staff believes the application satisfies this criterion.
• No additional utilities, drainage or other necessary facilities are needed for this
expansion.
• The site plan indicates that the applicant intends to remove storm sewer intake and
a section of the gutter at the east end of the lot but also plans to replace the storm
sewer intake and section of gutter based on the approval of the City Engineer.
• Cross access drives with the adjacent properties provide appropriate circulation for
the proposed use.
5. Adequate measures have been or will betaken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
For the reasons provided under the specific criteria above regarding vehicle circulation
and stacking space, staff believes the application satisfies this criterion.
• Because the drive -through is located to the rear of the site, with traffic circulating
behind the commercial building, there is adequate space for vehicles to stack such
that this will not interfere with public streets.
• The cross access drives that serve the site are designed to control ingress and
egress to minimize congestion on the public streets.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
• A site plan 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 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 findings:
The Comprehensive Plan identifies the area where the McDonald's is located as
general commercial, an area intended to provide opportunity for a large variety of
commercial uses that serve a major segment of the community.
Due to the location of this area near the highway interchange, these businesses serve
a regional market rather than just surrounding neighborhoods, and, at a major
entrance to the community, appearance of this corridor is an important component of
the economic development of the area
STAFF RECOMMENDATION: Staff recommends approval of EXC12-00006, a special
exception to allow an expansion of the existing drive -through facility at 2440 Mormon Trek
Boulevard, 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
areas at the front of the store,
• Approval by the Building Official of the final site plan, lighting plan, and any new signage
for the site.
ATTACHMENTS:
1. Location map.
2. Aerial view.
3. Site plan.
4. Application materials.
Approved by:
Jeff Davidson, Directpr
Department of Planning and Community Development
T—
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C.)
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V)
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: March 21th, 2013
PROPERTY PARCEL NO. 1020165011
PROPERTY ADDRESS: 2440 Mormon Trek Blvd
PROPERTY ZONE: CC-2
APPLICANT:
CONTACT PERSON:
(if other than applicant)
PROPERTY OWNER:
(if other than applicant)
PROPERTY LOT SIZE: 1,02 Acres
Name: McDonald's USA, LLC (Brian Smith)
Address: 1650 W 82nd St, Suite 900, Minneapolis, MN 55431
Phone: 952-486-4163
Name: Bishop Engineering (Joel Jackson)
Address: 3501 104th St, Urbandale, IA 50322
Phone: 515-276-0467
Name: Archland Property I LLC
Address: One McDonald's Plaza, Oak Brook, IL 60523
Phone: 630-623-3526 (Doreen Evans)
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@a owa-city.org.
14-4B-4 Section B-10-b, Drive-thru windows and drive-thru lanes are prohibited.
Purpose for special exception: To covert the current single lane drive-thru to a side -by -side drive-thru
Date of previous application or appeal filed, If any: February 27th, 2012 - Approved.
-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.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
We will be converting the singe lane drive-thru to a side -by -side drive-thru, allowing for vehicles to go
through the drive-thru at a faster pace. This will have positive affects on the site and surrounding area
by reducing drive-thru stacking and reducing vehicle wait times. This time reduction will in turn, not only
reduce greenhouse gas emissions but also increase the visual affects to the site by not having as many
vehicles stacked, waiting for the drive-thru. It shall also be noted that the building is being remodeled as
part of the process, making the building much more desirable to the City of Iowa City and it's citizens.
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.
The adjacent land owners are a gas station to the west, car wash to the north and used car lot to the
northeast. The areas directly adjacent the drive-thru improvements are the gas station and car wash, on
the rear portion of the site, away from public street view. A drive-thru is consistent with the surrounding land
uses.
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.
The site will not be modified regarding circulation from its existing form. The surrounding properties
are already developed and function consistent with driver expectation and well developed, defined
circulation paths. Access onto and off of the subject property is via easement over the gas station to
the west and car wash from the north.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
All existing utilities and access points will be used and maintained. No additional facilities will be
necessary for the scope of this project.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Our site access is via private ingress/ egress over the adjacent properties. Stacking and access on
our site will not directly have any negative impacts on the public streets.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
We agree that to the best of our knowledge, we are or will be in compliant will all applicable city codes
relevant to the development of the site plan and it's associate improvements.
The proposed use will be consistent with the
City.
The Comprehensive Plan designation is highway commercial
this designation.
Comprehensive Plan of the
McDonald's as a use meshes well with
M
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Petition for writ of certiorari. Any person or persons, Jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-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:
tx .—
Date
ppd adminlapplication-boase. doc
20 _
Signature(s) of Applicant(s)
20 AY(1/ I �!rbp q'I L C_',
gnatur o'PropertyOwner(s)
Different th Applicant(s)
STAFF REPORT
To: Board of Adjustment
Item: VAR13-00001
211 North Linn Street
GENERAL INFORMATION:
Applicant:
Prepared by: Sarah Walz
Date: April 10, 2013
Jay Nelson
3237 Jasper Ave. NW
Iowa City, IA 52240
319-331-7728
Contact: Michael J. Pugh
One South Gilbert Street
Iowa City, IA 52240
319-358-5562
Requested Action: Variance from the parking requirements in the CB-2
zone.
Purpose: To allow redevelopment of property.
Location: 211 North Linn Street
Size: 23'4" x 70'
Existing Land Use and Zoning: Commercial building, Central Business Service
(CB-2) zone.
Surrounding Land Use and Zoning: North: Commercial (CB-2)
South: Commercial (CB-2)
East: Commercial (CB-2)
West: Commercial mixed -use (CB5)
Applicable code sections: 14-4B-3A, (General Criteria); 14-5A-4 (Off-street
Parking Requirements)
File Date. February 12, 2013
BACKGROUND: The subject property is located in the Central Business Service (CB-2) zone at
211 North Linn Street. The CB-2 zone is intended to allow for the orderly expansion of the
Central Business District of Iowa City, to serve as a transition between the intense land uses
located in the CB-10 zone and adjoining areas and to enhance the pedestrian orientation of the
central area of the city. The CB-2 zone accommodates mixed land uses but at a lower intensity
that permitted in the CB-10 or CB-5 zones.
The established two-story building at 211 North Linn dates back to the nineteenth century. It
was probably originally constructed as a house and later adapted for commercial use. At some
point in time an apartment was illegally established on the upper floor, however the property has
no rights to a residential use. The building does not meet current commercial storefront design
standards: the first floor is located more than two feet above grade, there are no storefront
windows, etc. It was for sale for some years and has been vacant for approximately four years
The existing building is non -conforming with regard to parking. Having been established prior to
the current zoning code requirement for off-street parking, the property is "grandfathered" in with
a credit for 6 spaces (sometimes referred to as "ghost' or "phantom" parking). This calculation is
based on the commercial floor area on the first and second floor of the building. If the building is
removed, the legal rights to the ghost parking go away. Likewise certain changes to the existing
building would require the property to come into compliance with the parking requirements (see
attached memo from Building Inspector Jann Ream.)
The applicant is proposing to demolish the existing building and reconstruct a new 3-story mixed
use building with approximately 1,108 square feet of retail space at the ground floor and 3 one -
bedroom apartments above —two on the second floor (635 and 576 square feet) and one on the
third floor (1,032 square feet). The third floor is stepped back from the front plane of the building
in order to meet the floor area limits for the zone and to provide patio space for the third floor
apartment. The applicant is requesting a variance to waive the requirement for 8 parking
spaces: 5 spaces for the commercial use at the first floor and one space for each apartment
unit.
The properties at 209, 211, and 215 North Linn all have access to the rear of their buildings via
a 10-foot easement that runs along the side property line. The subject property currently has
two parking spaces that tuck under the second floor of the building. These spaces are
considered non -compliant because the easement by which the spaces are accessed does not
meet the code requirement for width —a 22-foot wide drive is required in order to allow
perpendicular parking.
The property is part of the Northside Marketplace commercial area. In 1994, the adjacent
property, 209 North Linn (formerly the Guitar Foundation, now home to Brix) was granted a
variance to waive parking requirements for 3,300 square feet of commercial space (16.5 parking
spaces). This allowed redevelopment of a property that had been effectively destroyed by
severe termite infestation. The granting of a variance on one property does not set precedent for
a similar variance on any other property.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the City, and to
encourage the most appropriate use of land. It is the intent of the Ordinance to permit the
full use and enjoyment of property in a manner that does not intrude upon adjacent
property. The Board may grant the requested variance to reduce the minimum lot area
requirement for a duplex in the RNS-12 zone only if the requested relief is found to meet
all of the tests for variances as set forth in Section 14-4B-2A. The burden of proof for
each of these tests rests with the applicant.
No variance to the strict application of any provision of the Zoning Chapter may be legally
granted by the Board unless the applicant demonstrates that all of the following elements are
present.
The applicants comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the approval criteria are set forth below.
1. Not contrary to the Public Interest:
a. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse effect on the use or value of other properties in the area
adjacent to the property included in the variance.
Staff believes the application satisfies this criterion based on the following findings:
• The existing building is in poor condition due to lack of maintenance such that
substantial investment is necessary to make the building marketable. It has
remained vacant for a number of years, and, though the Building Department has
reviewed number of proposals for re -use or redevelopment of the property, none
of the proposals have proved viable.
• It is not in the public interest to have a property, especially one in an active
commercial area, go unused or underutilized. This creates a gap in the
commercial streetscape.
• By waiving the parking requirement the dilapidated, vacant property may be
redeveloped for an economically viable use that is complementary in commercial
character and intensity to other properties in the Northside Marketplace.
• Regardless of whether someone makes use of the current building (by making
substantial reinvestment to bring the current structure into compliance with
current zoning and building codes) or redevelops the property with a new
building, there will be some level of parking demand generated by the active use
of the site. In Staff's view, the question is what is a reasonable allowance in order
to ensure an economically viable property that is a positive addition to the
neighborhood. The existing building is grandfathered in with 6 "ghost" spaces,
which go away if the building is removed. The applicant's is seeking a waiver for
8 spaces for his proposed redevelopment. The additional spaces would allow the
commercial ground floor to marketed for all uses allowed in the zone —office,
retail, and restaurant uses.
• The applicant has proposed a mixed use building that is in keeping with the
historic commercial character of the neighborhood in which it is located.
b. The proposed variance will be in harmony with the general purpose and intent of
the Zoning Chapter and will not contravene the objectives of the Comprehensive
Plan, as amended.
Staff believes the application satisfies this criterion based on the following findings:
• A waiver of the 8 required parking spaces is a reasonable accommodation to
allow redevelopment of the underutilized property that is no longer functioning in
an otherwise healthy commercial neighborhood. The property is non -conforming
with regard to parking. Having been established prior to the current zoning code
requirements for off-street parking, the existing building is "grandfathered in" with
6 "ghost" parking spaces, based on its existing commercial floor area.
• Allocating 5 spaces for the commercial use would allow the property to marketed
for all uses allowed in the zone. The addition of 3 one -bedroom apartments will
help to off -set the cost of redevelopment, allowing the ground floor to meet
market rent for the near -downtown commercial neighborhood.
• Except for the Hamburg Inn at 214 North Linn Street, none of the businesses
along the 200 block on North Linn provide any off-street parking. (See attached
parking study.)
There is shortage of one -bedroom apartments in the Downtown and campus
area. The quality of the apartments has the potential to encourage long-term
residents to the neighborhood.
The proposed development is in alignment with vision for the Northside
Marketplace commercial neighborhood. Here is what the Central District Plan
has to say about the area:
c "The historic character of the Northside Marketplace is one of its greatest
assets. Development that is sensitive to the neighborhood's history and
architectural significance should be encouraged."
c "Most participants want to encourage development of one- and two -
bedroom apartments that will be attractive to longer -term residents rather
than the dorm -style apartments typical near Downtown."
o The goals in the Northside Marketplace section of the Central District
Plan that relate to redevelopment include ensuring that new development
complements the character and scale of the existing development and
addressing parking demand for growth and development of the area.
The Central District Plan also calls attention to the high demand for parking in this
commercial area, noting that "finding and maintaining the right balance of parking is
critical" to the long-term health of the neighborhood. Staff believes that allowing the
property to redevelop with a waiver for 8 parking spaces does not seem an onerous
request or one that is likely to have a substantial adverse effect on neighboring
properties. That being said, future requests for reduced parking or waivers of required
parking for this neighborhood should be reviewed with great scrutiny.
2. Unnecessary Hardship: The test for unnecessary hardship consists of three prongs, each
of which must be proven by the applicant for the Board to legally grant a variance:
a. The property in question cannot yield a reasonable return if used only for a
purpose allowed in the zone where the property is located.
Staff believes that the application satisfies this requirement based on the following
findings:
The existing building is in substandard condition due to the original construction
of the building and lack of maintenance and updating such that substantial
investment is necessary to make the building marketable. The property has
remained vacant for a number of years, and, though the Building Department has
reviewed number of proposals for re -use or rehabilitation of the property, none of
the proposals have proved financially viable.
The existing building does not meet the commercial site development standards
in the zoning code —the first floor is located above grade and it has no storefront
windows. There are also numerous building code issues that inhibit re -use of the
property.
Even if the renovating the property was economically viable, anything other than
a retail use would be considered a "change of use" and the building would then
be required to be brought into compliance with many building and zoning codes
including (but not limited to) parking requirements.
Because all rights to the "ghost" parking go away if the existing building is
removed, the property may not be redeveloped unless it is granted a waiver from
parking requirements. It is not possible to provide the required parking on site
and there is no opportunity for permanent shared or off -site parking in the
neighbrhood.
b. The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood.
Staff believes that the application satisfies this criterion based on the following:
• The condition and design of the building combined with the size of the property
and its inability to provide any on -site parking sets the property apart from others
in the neighborhood.
o The existing building does not meet the commercial site development
standards in the zoning code —the first floor is located above grade and it
has no storefront windows.
It is not possible to provide parking on site. While there are other
properties in the neighborhood (215 North Linn and 203 North Linn) that
are located above grade, these properties have storefront windows and
are in good condition having been either built originally for commercial
use or having been long ago adapted and maintained for commercial use.
Likewise, other properties in the neighborhood are unable to provide
parking, however they are grandfathered in with "ghost" parking that
allows them to operate.
c. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title.
Staff believes that the application satisfies this criterion based on the following:
• The attached memo from Building Inspector Jann Ream documents the condition
of the property. The memo indicates that the obstacles to making economically
viable use of the existing building are numerous and have to do with its age and
original construction, deferred maintenance, and changes in building and housing
codes. The cumulative issues that confront this property cannot be attributed to
the applicant or a single predecessor in title. Rather, the building has outlived its
usefulness and functionality in the zone and is now in such a state of non-
compliance that it is beyond economically reasonable rehabilitation or repair. In
short, the applicant has exhausted all potential options for making use of the
property with the existing building.
STAFF RECOMMENDATION:
Staff recommends approval of VAR13-00001 a request to waive the zoning code requirements
for 8 off-street parking spaces to allow redevelopment of property located in the Central
Business Service (CB-2) zone at 211 North Linn Street subject to the following conditions:
1.Substantial compliance with the floor plans submitted and elevations submitted on May
2, 2013. Any changes to the floor plans or elevations to be approved by the Director of
Planning.
2.The applicant must secure a building permit and final approval for exterior design and
materials from the City in order to construct the proposed building.
ATTACHMENTS:
1. Location map
2. Photos of site
3. Parking study
4. Memo from the Building Inspector
5. Proposed floor plans
6. Proposed elevation
7. Application with construction estimates and pro forma
8. Correspondence
Approved b :
pp Y �
Jeff Davidson, Director
Department of Planning and Community Development
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Parking study for the 200 Block of North Linn Street
215 North Linn (the Corcoran Building):
2 story commercial office building. 1" floor is an office use of 1,380sf.
Parking requirement is 1 space for every 300sf of floor area.
1 st floor use would require 5 spaces
2'd floor use is unknown. If it is all used as office, then another 4 spaces would be
required If it is just storage, then just 1 additional space is required.
Required spaces: 6-9
Spaces provided: 0
6-9 "ghost' spaces
214 North Linn (Hamburg Inn)
2 story building with commercial restaurant on 1s' floor and two 1 bedroom apartments
on 2°d floor.
Parking for restaurants can be calculated in two different ways with the lesser number as
required parking - 1 space for every 150sf of gross floor area or 1/3 the occupant load of
the seating area. Because of the age of the business and the fact that they do have a
not liquor license, we do not have a recorded occupant load. However, the calculation of
1 space for every 150sf of gross floor area would require 11 spaces (1710sf).
2 one -bedroom apartments require 1 space for each bedroom.
Required spaces: 13
Spaces provided: 17 (on separate lot across alley to the north)
0 "ghost" spaces.
210 North Linn (IC Uglie's)
2 story building with commercial bar on 1" floor and 1 two -bedroom apartment on 2"
floor.
The occupant load is 72 which would require 24 spaces at the 1/3 the occupant load
calculation. The lesser number is 9 spaces using the 1 space for every 150ft of gross
floor area (1,340sf).
The apartment requires 2 spaces.
Required spaces: 11
Provided spaces: 0
11 "ghost" spaces
209 North Linn — (Brix Cheese Shop and Wine Bar)
2 story commercial building with 1" floor and part of 2°n floor occupied by a
restaurant/bar (Brix) and a 1 bedroom apartment on the 2nd floor.
Normally this would have required 16 spaces for the restaurant (this time 1/3 the
occupant load of 49 produced the lesser number) and one space for the apartment.
However, in 1994, a variance was granted for the development of a new building on the
site that removed the parking requirement for any commercial use in the building. The
apartment was required to provide one space. The space that was provided was in the
10ft easement that exists at the rear of the building. This easement does not meet the
access requirements (aisles and drives) for parking spaces.
Parking required: 16 spaces (waived by variance)
Parking provided: 1 non -conforming space
208 North Linn (Taste of China)
1 story commercial restaurant building, This time, the 150sf of floor area produces the
lesser number of 9 required spaces (1,340sf) — 1/3 of the occupant load (31) would
require 10 spaces.
Parking required: 9 spaces
Parking provided: 0 spaces
9 "ghost' spaces
207 North Linn (Home Ec.)
1 story commercial retail building
1 space per 300sf of floor area (2,000sf) requires 7 spaces.
Parking required: 7 spaces
Parking provided: 0 spaces
7"ghost" spaces
206 North Linn (Oasis)
2 story building with commercial restaurant (Oasis) on 1 st floor and 2 two -bedroom
apartments on the 2" `' floor. We do not have an occupant load of the seating area for this
restaurant (again — no liquor license) but estimate somewhere between 40-50 which
would require 13-16 spaces if the occupant load calculation is used. The one space per
150sf of gross floor area (1,300sf) allows the lesser number of 9 spaces. The two 2
bedroom apartments require 4 spaces.
Parking required: 13 spaces
Parking provided: 0 spaces
13 "ghost" spaces
203 North Linn (Haunted Bookshop)
3 story building with commercial retail on 1" floor and two 2 bedroom apartments and 20
rooming units on the 2itl and 31' floors. The retail space (4,000sf) requires 13 spaces (1
space per 300sf of floor area) and the 2 two- bedroom apartments require 4 spaces (I
per bedroom). The 20 rooming units require 15 spaces (.75 spaces per resident).
Parking required: 32 spaces
Parking provided: 0 spaces
32 "ghost' spaces
202 North Linn (Corridor State Bank)
1 story commercial bank building. This is classified as personal service oriented retail
and requires 1 space per 300sf of floor area. 9 spaces are required — 2,572sf of floor
area.
Parking required: 9 spaces
Parking provided: 5 spaces
4°ghost" spaces
CITY OFIOWA CITY
To: Sarah Walz/BOA
From: Jann Ream
Housing & Inspection Services
Date: 5/1/2013
Re: 211 N. Linn Street
MEMORANDUM
Staff in the Housing and Inspection Services Department has been involved with the
property at 211 N. Linn since it was purchased by the current owner, Jay Nelson, in June of
2004. At that time, Jay applied for a building permit to remodel the first floor and what he
thought was an existing second floor apartment. In this first review process, many building
code and zoning code issues were discovered — all of which were unknown to Mr. Nelson.
The existing apartment in the building was established illegally by the previous
owners. Because this is a mixed use building, the addition of a legal apartment on the
second floor would require that the whole building be sprinkled. Because of the age of the
building (originally built in 1890), the water service into the building was only a one (1)
inch line. In order to support a sprinkling system, the water service is required to be a four
(4) inch line. Bringing in a new water service and installing a sprinkling system in a very
old building could only be done at considerable expense, so Mr. Nelson, consequently,
abandoned his remodeling plans and tried to utilize the building's existing commercial
space on the I` floor. This also created problems, because anything other than a retail use
would be considered a "change of use" and the building would then be required to be
brought into compliance with many building and zoning codes including (but not limited to)
parking requirements and accessibility.
The entrance to this structure is several feet above the level of the sidewalk and is accessed
by a stoop with several stairs that is actually on City right of way. Mr. Nelson and all
subsequent potential buyers were all faced with trying to solve this problem. Trying to bring
in an entrance at grade involved a complete refraining of the first floor's structural systems.
An exterior lift was another possibility but it would be very expensive, require permission
from the City, and would be aesthetically lacking.
The property could not meet current parking requirements. There were two non-
conforming parking spaces at the back of the building that could not be counted toward any
parking calculation. The spaces were too small and did not have direct access to a City right
of way. They could only be accessed by crossing another private property. At that time, it
could not be determined if there was any existing access agreement. There were 6 "ghost"
parking spaces but any new use that required more than 6 spaces would be required to
provide the additional spaces.
Because of the issues involved with a change of use, Mr. Nelson was limited in his pool of
potential tenants for retail uses. The building remained vacant until That's Rentertainment
(video store) went into the first floor space in July of 2007. The business vacated the space
in December of 2009 and the building has remained vacant until this time.
During the period that Mr. Nelson has owned this property (including the time period when
he did have a commercial tenant), he has actively marketed the building. Since 2005, here
has been a steady influx of prospective buyers for this property coming to Housing and
Inspection Services asking for information on what they could do with this property. H.I.S.
staff would inform these prospective buyers of the issues that would need to be solved and
they would all say the same thing — essentially that it was not economically feasible to do
so. Many buyers were hoping to establish more than one apartment in the building in hopes
of trying to generate more income, but the small lot size would only allow one apartment.
Building Inspectors, on several occasions, went with a prospective buyer to look at the
existing structure. The inspectors all agreed that building was a mess of code violations and
deferred maintenance and had endured years of cobbled together "fixes". In their opinion,
putting any substantial amount of money into the existing building would be a waste. And
tearing the existing building down to build a new one proved economically difficult with
only one residential unit.
In the nine years Mr. Nelson has owned this property, the building has been vacant for six
and half years, lie has actively marketed it with no buyers. 1 cannot stress enough the
amount of City staff time that has gone into trying to find a solution for the existing
structure on the property — both with Mr. Nelson and the myriads of prospective buyers. In
May of 2012, City Council passed a zoning density bonus that now allows the existing lot to
support three (3) one bedroom apartments instead of just the one apartment allowed earlier.
With this density bonus, the prospect of new development on this lot becomes economically
feasible. New development allows for a safe, accessible, well designed building that can be
an asset to the Northside Market Place and the community as a whole.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
VARIANCE -
DATE: _March 13, 2013 PROPERTY PARCEL NO. 1010288016
APPEAL PROPERTY ADDRESS: 211 N. Limn Street, Iowa City
APPEAL PROPERTY ZONE CB-2 APPEAL PROPERTY LOT SIZE: 23.4 x 70 = 1638
APPLICANT: Name: Jay Nelson
Address: 3237 Jasper Ave NW, Iowa City, IA 52240
Phone: (319) 331-7728
CONTACT PERSON: Name: Michael J. Pugh
Address:One South Gilbert St, Iowa City, IA 52240
Phone: (319)358-5562
PROPERTY OWNER: Name: Jay Nelson
Address: 3237 Jasper Ave NW, Iowa City, IA 52240
Phone: 319.331-7728 _.
Specific requested variance; applicable section(s) of the Zoning Chapter:
Requcst for variance of minimum parking; 14-5A-4
Reason for variance requesteA minimum of cightk8Zparking spaces is needed to yield a reasonable
return on this redevelopnlent_roject_Reguest is for eight S allocatod parking spaces under
I.C. 14-5A-4.
Date of previous application or appeal filed, if any:
Not Contrary to the Public Interest
a) The applicant wishes to redevelop the site at 211 N. Linn and construct a mixed use
building consisting of 1,170 square feet of commercial space on the street level, two 1-
bedroom apartments on floor 2, and one 1 bedroom apartment on floor 3. Building Plans
are attached as Exhibit `B". The building is currently allocated 6 "phantom" parking
spaces for zoning purposes. As such, there are a number of potential commercial tenants
that could occupy the building as it is currently zoned. However, due to the current
configuration and age of the building, the owner has been unable to find a commercial
tenant. As such, the applicant is proposing to demolish the building and replace it with a
mixed use building. Each of the 3 residential units will require one parking space. "fhat
leaves three parking spaces for the commercial space. Unfortunately, that does not leave
many options regarding a commercial tenant. The applicant is requesting, therefore, that
the redeveloped commercial space be allocated five (5) parking spaces, bringing the total
of allocated parking spaces to eight (8). The allocation of five (5) parking spaces for
commercial purposes would be consistent with its current uses, and consistent with the
building's current impact on parking in the area. (Please see Exhibit "D"). It is our
opinion that the actual demand for parking produced by the redeveloped building would
not change as the additional residential units would have little effect on demand for
parking in the area. There are 23 metered parking spaces on the stretch of Linn Street
between Market and Bloomington and a public parking lot next to the Bluebird restaurant
which is approximately 200 ft from the property. Due to the proximity of the project to
Downtown and other commercial amenities in Northside Marketplace, metered parking
in the area discourages residential tenants from having or needing a vehicle.
b) This redevelopment project is consistent with the Central District Plan in the following
respects: 1) the project will maintain the historic mainstreet character and architectural
significance of Northside Marketplace; 2) the project consists of apartments located
above a commercial storefront which will help support business in the area; 3) the project
consists of three 1-bedroom apartments, which will attract longer term residents rather
than dorm style apartments typically located near Downtown; 4) the three story building
will be located close to the street, with an accessible and attractive storefront window and
entrance; and 5) redevelopment of the site will better position the owner to attract a
commercial tenant which adds to the lively mix of restaurants, retail shops and other
mainstrect style commercial buildings in the Northside Marketplace.
The requested variance is compatible with the general intent of the Zoning Chapter as the
variance would not affect the actual demand for parking in the area. The purpose of
section 14-5A-4 of the Iowa City Code is to "ensure that enough off-street parking is
provided to accommodate most of the demand for parking generated by the range of uses
that might locate at a site over time, particularly in areas where sufficient on street
l01376074.flocxl
parking is not available." Allocating eight (8) parking spaces to the site for zoning
purposes would make the redevelopment of a vacant building feasible without reducing
the actual available parking in the area.
Unnecessary hardship
a) The owner has two options: leave the building as is or tear it down and redevelop the site
as a mixed use structure. The Owner has been unsuccessful in attracting a commercial
tenant for the building. Currently, the building does not meet the requirements necessary
for a residential rental permit. A significant investment would be necessary to bring the
building in line with the Iowa City Housing Code; however, the potential rental income
from the building as it is currently situated does not justify such an investment. This is
one of the reasons why, despite multiple attempts to sell or lease, the building has
remained empty. The owner is left with the option of tearing down the building and
replacing it with a mixed use structure. Financially, that option is not feasible unless the
new structure has at least three one -bedroom apartments on Moors 2 and 3 to help support
the commercial space below. Each residential space requires 1 parking space. That
leaves 3 parking spaces to commercial unit. A 1,170 square foot commercial space with
only three zoned parking spaces will not support a suitable commercial tenant. (Please
see Exhibit "D"). Zoning for five (5) parking spaces greatly increases the number of
potential commercial tenants and greatly increases the chances for a successful project.
There arc currently six (6) "phantom" parking spaces allocated to the building. Exhibit
"E" is a Pro Forma assuming a mixed use building with two (2) residential apartments
and four (4) parking spaces allocated to the commercial use (a total of six (6) parking
spaces.) This scenario yields a capitalization rate of 2.83%, which is not feasible for
investment. Exhibit "F" is a Pro Forma assuming a mixed use building with three (3)
residential apartments and five (5) parking spaces allocated to the commercial use (a total
of eight (8) parking spaces). This scenario yields a capitalization rate of 4.26%, which is
not sufficient to attract a third party investor, but will encourage the owner's investment
in a redevelopment project.
b) The redevelopment of the site will require the existing building to be demolished and a
new building constructed to current code and ordinances. The cost of construction will
require the new building to generate a level of income which justifies the investment into
redevelopment. The current allocation of parking spaces for zoning purposes was
determined by the actual use of the building at the time the spaces were allocated. The
adjacent buildings have long-term, high -occupancy tenants and, therefore, were allocated
a greater number of parking spaces for purpose of zoning. in addition, the location of this
building and the existence of metered parking in the area will discourage residential
tenants from having or needing a parking space.
101376074. nOCX}
c) Commercial tenants are interested in an attractive mainstreet style storefront consistent
with other commercial uses in Northside Marketplace. The owner has not been
successful in attracting a commercial tenant for the existing building. A mixed use
project with three (3) residential apartments decreases the risk of a "feast or famine"
commercial building, and allows the site to be redeveloped consistent with the Central
Business District.
{01376074.DOCX}
EXHIBIT "A"
LEGAL DESCRIPTION
Commencing 105 feet north of the southeast corner of Lot 8, Block 68, Iowa City, Iowa,
according to the recorded plat thereof, thence west 70 feet, thence north 25 feet, thence cast 70
feet, thence south 25 feet to the place of beginning, except the northerly 1.6 feet thereof; also all
of our right, title and interest in an alley and right of way over and across the east 10 feet of Lot
7, Block 68 in Iowa City, Iowa, pursuant to the decree of Court entered in the case of Kutscher et
at vs. George Hummer et al on March 6, 1896 and recorded in Book Y, page 511 in the District
Court records of Johnson County, Iowa, except the northerly 1.6 feet thereof.
10 1 377335.DOCX}
NOTE: Conditions. In permitting a variance, the Board may impose appropriate conditions and
safeguards, including but not limited to planting screens, fencing, construction
commencement and completion deadlines, lighting, operational controls, improved traffic
circulation requirements, highway access restrictions, increased minimum yard
requirements, parking requirements, limitations on the duration of a use or ownership or
any other requirement which the Board deems appropriate under the circumstances,
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-BC-2C4, City Code).
Date:
Date:
Orders. Unless otherwise determined by the Board, all orders of the Board shall expire
six (6) months from the date the written decision is fled 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-BC-1 E, City Code)
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any
decision of the Board under the provisions of the Zoning Chapter or any taxpayer or any
officer, department or board of the City may present to a court of record a petition for writ
of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and
specifying the grounds of the illegality. (Section 14-8C-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.
March 13 20 13 Say Nelson
ppd.Wi,AappI, boavar doc
20
4
/Axl?fry
Si(jpature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
M,06
211 N Linn Street
Iowa City, IA.
Pro Forma
5/1/13
Property Summary:
Lot dimensions are 23.4 x 70
Proposed Building Layout; Commercial space on I" floor with 1,108 sq ft; 3
— One Bedroom units above the commercial space.
3 parking spaces allocated to residential units
5 parking spaces allocated to commercial unit
Annual %
Monthly
Income:
2 x 1BDABA APTS a $2.00psf
$
29,064.00
$
2,422.00
1 x 1BDABA APT a $1,50 psf
$
19,764.00
$
1,647.00
Commercial space at $12.00/ft
$
13,296.00
$
1.108.00
TOTAL OPERATING INCOME
$
62,124.00
$
5,177.00
Vacancy Rate (3%) Residential
$
(1,464.84)
$
(122.07)
Vacancy Rate (15%) Commercial
$
(1,994.40)
$
(166.20)
EFFECTIVE GROSS INCOME
$
58,664.76
$
4,888.73
Expenses:
Gen Maint/HVAC/Apt prep/ctc.
$
2,000.00
3.2%
$
166,67
Professional Management 5%
$
3,106.62
5.0%
$
258.88
Leasing fee Commercial 2%
$
265.92
.43%
$
22.16
Advertising
$
200.00
.32%
$
16.67
Legal & Accounting
$
500.00
.80%
$
41.67
Real Estate Taxes Residential
$
9,634.16
15.51%
$
802.85
$461,800 value for Condo Units
2,309 sf @ $200.00 psf
Common Area Maint - Residential
$
3,060.00
4.9%
$
255.00
Properly Insurance - Residential
$
1,800.00
2.8%
$
150.00
Total Expenses
$ 20,266.28
32.62%
$ 1,713.90
NET OPERATING INCOME
$ 38,398.48
61.81%
$ 3,174.83
Purchase Price:
Construction Cost
Land Acquisition Cost
{01401994.DOC)
$707,770.00
$527,700.00
$180,000.00
Loan/Contract Assumptions
Debt 75%
$530,827.50
tnitial equity 25%
$176,94250
tnterest
4.0%
Origin term (months)
360
Monthly Debt Service
$ 2,534.25
Annual Debt Service (ADS) $ 30,411.00
Cash Flow Before Taxes (CFBT) $ 7,987.48
Capitalization Rate 5.4%
This is a proforma and does not represent guaranteed financial performance. These
are hypothetical financial figures based on previous business operations fo• estimate
purposes only. This proforma is being provided to the recipient without
representation or warranty.
{01401994.DOC}
Likhthouse Construction
202.3"Mehaffe Bt dg-e Road
Solon Ia. 52333
Estimate
ProJeCt@ 211 Linn St Iowa City Iowa
Scope of Estimate: 3 apartments
and 1 white envelope commercial
space.
Demolition of existing building.........................................$35,000.00
Concrete walls and Flat work............................................$17,000.00
Blockand Brick work..........................................................$125,000.00
Lumber, windows, cabinets, trim......................................$56,000.00
Framing................................................................................ $23, 000.00
Finishtrimming..................................................................$8,000.00
Sprinkler system............................................................... $18,000.00
Plumbing system.................................................................$18,000.00
HVACSystem.......................................................................$28,000.00
Electric System...................................................................$41,000.00
211 N Linn Street
Iowa City, IA.
Pro Forma
511113
Propertv Summary:
Lot dimensions are 23.4 x 70
Proposed Building Layout; Commercial space on 1" floor with 1,108 sq ft
6 parking spaces
Annual %
Monthly
Income:
Commercial space at $12.00/ft
$ 13 296.00
$
1.108.00
TOTAL OPERATING INCOME
$ 13,296.00
$
1,108.00
Vacancy Rate (15%) Commercial
$ (1,994.40)
$
(166.16)
EFFECTIVE GROSS INCOME
S 11,301.60
$
941.84
Expenses:
Gen Maint/HVAC/Apt prep/etc.
$ 1,000.00
7.0%
$
83.33
Professional Management 5%
$ 664.80
5.0%
$
55.40
Leasing fee Commercial 2%
$ 265.92
2.0%
$
22.16
Advertising
$ 200.00
.14%
$
16.67
Legal & Accounting
$ 500.00
3.00/o
$
41.67
Total Expenses
$ 2,630.72
20%
$ 219.23
NET OPERATING INCOME
$ 8,670.88
65%
$ 722.61
Purchase Price:
$562,700.00
Cost of Construction
$382,700.00
Land Acquisition Cost
$180,000.00
Loan/Contract Assumptions
Debt 75% $422,025.00
Initial equity 25% $140,675.00
Interest 4.0%
Origin term (months) 360
Monthly Debt Service $ 2,014.81
Annual Debt Service (ADS) $ 24,177.72
Cash Flow Before Taxes (CFBT) $ (15,506.84)
{0110IS71 DOC.)
Capitalization Rate 1.5%
This is a proforma and does not represent guaranteed financial performance. These
are hypothetical financial figures based on previous business operations for estimate
purposes only. This proforma is being provided to the recipient without
representation or warranty.
101401871 DOC}
Lighthouse Construction
2025 Mehaf ie Bridge Road
,Solon Ia. t;2333
Estimate
PTOjCCt:' 211 Linn St Iowa City Iowa
Scope of Estimate: 3 apartments
and 1 white envelope commercial
space.
Demolition of existing building..........................................$35,000.00
Concrete walls and Flat work............................................$17,000.00
Block and Brick work..........................................................$125,000.00
Lumber, windows, cabinets, trim......................................$56,000.00
Framing.............................................................................. $23, 000.00
Finish trimming..................................................................$8,000.00
Sprinkler system................................................................ $18,000.00
Plumbing system.................................................................$18,000.00
HVAC System.......................................................................$28,000.00
Electric System....................................................................$41,000.00
Roofing and Coping...........................................................$27,700.00
Fire Alarm System............................................................ $15,000.00
Insulation......................................................................... $10,000.00
Sheetrock......................................................................... $18,000.00
Flooring.......................................................................... $15,000.00
Utilities........................................................................... $30,000.00
Engineering, Architectural and legal fees ................. $40,000.00
Code Access System ..................................................... $3,000.00
TOTAL............................................................................. $527,700.00
Lighthouse Construction
202t;Mehaffey Bridge Road
,,Solon Ia. 52333
Es%mate
ProjeCt 211 Linn St Iowa City Iowa
Scope of Estimate; This estimate is
for a 1 floor commercial building
excluding finishes.
Demolition of existing building..........................................$35,000.00
Concrete walls and Flat work............................................$17,000.00
Block and Brick work..........................................................$80,000.00
Lumber, windows...............................................................$39,000.00
Framing................................................................................ $14, 000.00
Finish trimming.................................................................$5,000.00
Sprinkler system................................................................ $15,000.00
Plumbing system................................................................$9,000.00
HVACSystem....................................................................... $17,000.00
Electric System....................................................................$32,000.00
Roofing and Coping..........................................................$22,700.00
Fire Alarm System........................................................... $13,000.00
insulation........................................................................ $7,000.00
Sheetrock......................................................................... $12,000.00
utilities............................................................................ $30,000.00
Engineering and Architectural and Legal Fees.......... $ 35,000.00
TOTAL.............................................................................. $382, 700.00
Sarah Walz
From:
Jon McPheron <jwm220@gmail.com>
Sent:
Thursday, April 04, 2013 9:03 AM
To:
Sarah Walz
Subject:
211 N Linnet parking variance proposal
Onc additional point about metered parking on north side of 200 block of E Bloomington is that it would
generate more income for city with time rental income. And overtime fines.
Thanks Jon.
Sarah Walz
From: Hamburg Inn <davep@avalon.net>
Sent: Wednesday, April 03, 2013 10:02 AM
To: Sarah Walz
Subject: RE: parking variance Jay Nelson
Sarah
Yes please share. In order to grow the North End we need parking to support the Growth.
Dave Panther
Hamburg Inn
--- Sarah-Walz(a�iowa-city.orq wrote:
From: Sarah Walz <Sarah-WaIZ(a,)iowa-citv.orc>
To: "'davep@avalon.net"' <davep[a avalon.net>
Subject: RE: parking variance Jay Nelson
Date: Mon, 1 Apr 2013 17:40:49 +0000
Dave,
Thank you for contacting me. Would you like me to share your email with the hoard?
Do you have any questions about the proposal?
Sarah
From: Hamburg Inn [mailto:davep@avalon.net]
Sent: Monday, April 01, 2013 12:05 PM
To: Sarah Walz
Subject: parking variance Jay Nelson
Sarah
04/01 /13
I own the Hamburg Inn and rent parking spaces from Pagliai's. Daily we have to monitor our lot
for people not using our business. I believe the North Side is already in a parking shortage.
I welcome growth to the neighborhood and I also do not want to supply my own parking for this
growth.
Dave Panther
Owner
Hamburg Inn
321-7623
Sarah Walz
From: Hamburg Inn <davep@avalon.net>
Sent: Monday, April 01, 2013 12:05 PM
To: Sarah Walz
Subject: parking variance Jay Nelson
Sarah
04/01/13
1 own the Hamburg Inn and rent parking spaces from Pagliai's. Daily we have to monitor our lot
for people not using our business. I believe the North Side is already in a parking shortage.
I welcome growth to the neighborhood and I also do not want to supply my own parking for this
growth.
Dave Panther
Owner
Hamburg Inn
321-7623
r
CITY OF IOWA CITY
�--= MEMORANDUM
Date: May 3, 2013
To: Board of Adjustment
From: Sarah Walz, Associate Planner
Re: A request to extend the term of special exception EXC12-00003
In February of 2012, the Board of Adjustment granted a special exception for New Cingular
Wireless PCS LLC (AT&T) to establish a cell tower at 2901 Melrose Avenue (West High). The
applicant submitted and was approved for a building permit, however progress on construction
was held up while the applicant conducted tests requested by the Iowa City Community School
District. This required the applicant to get an extension for the approved building permit until
June 1, 2013.
The School District has now indicated that it would like to hold off construction until mid -June,
after the classes dismiss. The building permit can be held open another month. Due to these
extenuating circumstances and to ensure that the applicant can move forward in establishing
the approved exception, Staff recommends that the Board grant the applicant an extension of
the term of the exception to allow them until September 1, 2013.
Sarah Walz
From:
Rich Kotite <rkotite@thegroupsite.com>
Sent:
Friday, May 03, 2013 1:55 PM
To:
Sarah Walz
Cc:
John Crowley; Mick McManman; Bryan Boucher
Subject:
RE: Extension
Sarah
We might be able to start construction on Tuesday, June 4, which is the day after the last day of classes (Monday, June
3). In any case, we are requesting an extension until June 18 for our SLP, because we had to get extensive soil and
foundation testing done at the site. These delays, in conjunction with added school days at the end of the year due to
winter weather, pushed our construction start date past the June 1 deadline we had been granted back in December,
2012. Jann Ream has confirmed that her department has no problem in granting us the extension to the building
permit, and so we hope that the zoning board will agree and let us have a couple of more weeks' time.
Thanks,
Rich Kotite
Wireless Group
25870 Highway 2
Keosauqua, Iowa 52565
Mobile: 703-597-5456
Fax: 888-398-4145
IUiP!'tRt5��frtaklE'1
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
APRIL 10, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Brock Grenis, Gene Chrischilles, Will
Jennings, Becky Soglin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Lars Anderson, John Shaw
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 MARCH 13 2013 MEETING MINUTES
Jennings moved to approve the minutes with minor corrections.
Chrischilles seconded.
A vote was taken and the motion carried 5-0.
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.
Walz said the public hearing had been left open on this item at the last meeting. She said the
Traffic Engineering Planner has provided a memo that concludes that there are no safety issues
on Gilbert St. but that there are parking issues, and it will be the responsibility of property
owners to call the City if cars block their drives. She said that Traffic Engineering used volume
Board of Adjustment
April 10, 2013
Page 2 of 8
criteria to determine that no additional stop signs or crosswalks are needed in the area because
there is not enough steady car or foot traffic.
Walz noted that the Crisis Center recently hosted a meeting to look at neighborhood issues in
general. She said the upshot of that meeting is that a neighborhood association may be formed
to address issues on an on -going basis. She said that the ICPD records show some vandalism
in the neighborhood over the past twenty-seven months. She said they don't have enough
information to tell if the number of incidents is outside the norm for a commercial area near
downtown or in the larger Gilbert Street commercial area in general. Some reported activity is
also linked to a bar in the neighborhood. She said that some homeless people use the rail
corridor regularly and that has created some issues for neighboring properties. Jorey Bailey, the
Crime Prevention Officer will be working with Neighborhood Services on ways to address
neighborhood crime issues.
Board members said that answered the questions they had.
Jennings said it's good to see the neighborhood meeting and the people in the area beginning
to see their businesses as part of a neighborhood or group —as an active part of the community.
Grenis agreed with Jennings.
Grenis closed public hearing.
Soglin noted discrepancies about sidewalks in the staff report and the Traffic Engineering
Planner's memo.
Baker said it seemed that the two major issues were traffic and safety issues, and it appears
that agencies in that area are working on those issues and getting them resolved, so he thinks
this proposal is a good idea.
Jennings moved to approve EXC13-00003, 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 subject to the following
conditions:
1. The applicant will provide one bicycle parking space per one -hundred and fifty
square feet of floor area based on the size of the cafeteria dining area. The
building official will calculate the requirement based on the floor plan submitted
with the building permit application.
2. The bicycle 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.
Chrischilles seconded.
Baker said he feels the specific standards as outlined in the staff report have been met,
specifically the standard 14-4B-4D-4 that 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. He says he believes that standard has been met as outlined in the staff
report because of the mix of uses that are already there, public transportation is available, this
Board of Adjustment
April 10, 2013
Page 3 of 8
particular proposal is perhaps going to alleviate some of the on -street parking concerns by
adding some spaces, and bicycle parking will be included on the site.
Baker said he feels the general standards one, two, five and six are especially convincing.
1: "The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare."
He said as outlined in the staff report, public transit, sidewalks and increased parking will
all alleviate some of those concerns.
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."
He said in particular he looks at the improvements in internal parking, the addition of
trees, and the terminal islands making the parking area much safer.
5: "Adequate measures have been or will be taken to provide ingress or egress designed so as
to minimize traffic congestion on public streets."
He said as noted in the staff report, the Crisis Center will combine two lots and two
driveways to improve ingress and egress, and this will help solve some of the on -street
parking problems. 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."
He said the site review process will help to satisfy those standards, and even though the
application is not required by Code to come into compliance with the landscape and
screening standards for the parking area, given the amount of paving on the site, staff
has recommended, and the Board seems to approve, the installation of shade trees in
accordance with the parking area standards to the extent possible given the constraints
of the property.
Soglin said she agrees that there are a number of good physical changes that will be made as a
result of this. She said regarding general standard seven this is important support for human
related services, which is what is expected by the Comprehensive Plan.
Grenis said he agrees with everything that has been stated, especially with General Standard
Two regarding not impeding the property values of the neighborhood in light of what the Board
learned from the police and traffic report, which further validates the standard.
Chrischilles said he agrees. He said he thought it was a good idea last month, and it's still a
good idea, and he supports it.
A vote was taken and the motion carried 5-0.
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.
EXC13-00005: Discussion of an application submitted by JMK Holdings LC for two
Historic Preservation special exceptions to allow multi -family residential units at or
below street level, and a special exception to reduce the off-street parking requirements
Board of Adjustment
April 10, 2013
Page 4 of 8
for property located in the Central Business Support (CB-5) zone at 529 South Gilbert
Street.
Walz said that the vast majority of properties that come to the City looking to redevelop can
provide the required parking but the Board only sees the exceptions. She said The Vine building is
currently going through the process of becoming a historic landmark. She said there are very few
historic industrial buildings left in the city, and the property owner would like to preserve this one.
She said it has had unanimous support from the Planning and Zoning Board and the Historic
Preservation Board and is now before the City Council. Walz said the building has a street level
entrance on Prentiss Street as well as one that is a few feet above grade on Gilbert Street, but is
still considered street level. She said in a Central Business Support (CB-5) zone the street level
floor must be reserved for commercial uses.
Walz said two exceptions are required in this case and both exceptions are available only to
historic properties. She said these are the exception to allow multifamily rather than commercial at
the street level and to waive certain development standards (reducing off-street parking
requirements) that prevent the re -use and preservation of a historic building. She said the entire
renovation plan has to go through the Historic Preservation Board on April 11".
Walz said the Code requires parking for all residential uses in the CB-5 zone but does not require
parking for commercial uses. One parking space is required for each one -bedroom unit. She said
the twelve proposed units are all one -bedroom or studios. She said this area falls into an existing
parking district that allows a waiver administratively of seventy-five percent of the parking spaces
that cannot be provided. She said a one-time fee that contributes to planned parking structures is
required for these spaces. She said there is a parking structure planned in this area two blocks to
the west, which is where this one-time fee would be directed. She said the Board must determine
if they should waive any of the three remaining parking spaces. She said the property can't
develop as planned without the waiver of those spaces. She said this building is within the
Riverfront Crossings District, which will be governed by a new form -based Code. She said when
the new Code is initiated, only certain properties will be required to have ground floor
commercial —this property is not one of those designated properties. She said staff feels the best
way to address the parking demand in this building is to impose the parking impact fee on any
spaces that are not provided. She said staff is also recommending that certain conditions be
placed on approval.
Chrischilles asked for clarification on the parking. Walz explained that the number of apartment
units proposed by the applicant can get is twelve. The City can waive 75% of the required parking
(spaces) by imposing a parking impact fee. The Board is considering whether to waive the
remaining three spaces. Staff recommends waiving these final three with the same condition, that
the applicant would be charged the parking impact fee.
Grenis asked if there is currently any parking available for any of the proposed units. Walz said
there is no off-street parking available. She added that there is no public parking facility at this
time, but there is a planned one. She said there is very little on -street parking available and that
there is metered parking behind the building. Walz explained that the planned ramp will be built
within the next two years at a site yet to be determined. Grenis asked if currently, residents of this
building could park on the site of the former St. Patrick's Parish Hall. Walz said they would have to
apply to do that, and it wouldn't be a permanent solution, as it will eventually be a construction site
Board of Adjustment
April 10, 2013
Page 5 of 8
to include some structured parking. Grenis asked if this new fee would entitle them to a spot in a
future ramp. Walz said it would not, though residents can apply for a permit.
Baker asked Walz to explain the parking fee policy in terms of when it's due. Walz said she was
not sure, but it's either before the building permit or the occupancy permit. Baker asked if City
policy requires it to construct a lot or else the money is returned. Holecek said the funds have to
be pledged within five years or the money gets returned. She said there is a deadline for how long
the City can keep the money without the construction.
Soglin asked what the boundaries are in the parking district in which The Vine is located. Walz
said it doesn't go further east than this side of Gilbert Street.
Grenis invited the applicant to speak.
Lars Anderson said he is the lawyer representing the applicant. He said the first floor of the
subject property has not been used for ten years. He said it is not well suited to commercial. He
said there is no way to put parking on this site.
Baker said the floor plans show studios for all twelve units, and he asked if that is going to be
the final layout.
John Shaw, architect for the proposed project, said some of the units actually have a single
bedroom. He said the units will be between 500 and 600 square feet.
Baker asked if the applicant will have any policy in place that regulates the occupancy of the
units. Walz said the Code has an occupancy limit. She said you theoretically could have two
tenants in a one -bedroom unit. Baker said one -bedrooms usually end up with two people while
studios limit themselves to one.
Shaw said these units are of such a size that the likelihood of having two tenants is less
Grenis opened public hearing.
Grenis closed public hearing
Baker asked if there is interest on the Board to have a position suggesting the Council apply
fees in a different way under a schedule. He said he has always been bothered by these fees
being applied 100% up front for something that doesn't exist and not knowing how long it will be
until the money is used. Walz said the fee allows an applicant a privilege and a right that gains
much return for the property that could not otherwise have as many or any residential units.
Jennings said if this were new construction, he might have questions about parking and fees,
but he feels that the fact this is a historic property puts a boundary around the consideration of
this and fees and issues of parking and what might be coming down the road. He said he likes
incentivizing the preservation of the historic structure with units that clearly meet a need and
that don't necessarily encourage car ownership due to the location near downtown and campus
Walz clarified that the Board cannot waive the fee imposed on the first seventy-five percent of
the required parking —nine of the twelve parking spaces. The Board may waive the final three
Board of Adjustment
April 10, 2013
Page 6 of 8
spaces without imposing a fee, but that staff is recommending that the fee be imposed to
address parking demand.
Baker asked if there was interest on the Board about waiving the requirement for the three
parking spaces and not imposing the fee.
Grenis said he agreed with that idea.
Chrischilles said he agrees with Baker that it's backwards to ask for all the money up front, He
said he thinks that the applicant should be required to pay for all the parking spaces if they are
allowed to have ground floor units.
Jennings said he is willing to waive the fee for the three parking spaces.
Soglin said she thinks it's important that there be a fee to cover the actual cost of parking. She
said that has not been done in this community. She said she thinks the applicant should pay the
fee for the three additional spaces.
Baker said his reasoning is based on the fact of this particular application and the historic nature
and trying to incentivize other people doing the same thing to historic properties. He said on
new construction he is not inclined to waive that sort of requirement.
There was agreement about that statement from other members of the Board.
Soglin asked how many other buildings there are in the city that would be in a similar situation.
Walz said she doesn't know.
Shaw said there are three potentially similar buildings along Gilbert Street
Baker moved to approve EXC13-00005 an application submitted by JMK Holdings LC for
two Historic Preservation special exceptions to allow multi -family residential units at or
below street level, and a special exception to waive the minimum parking requirements
for residential uses to be established at 529 South Gilbert Street subject to the following
conditions:
1. All apartments will be one -bedroom or studio apartments.
2. Historic Landmark status (rezoning to historic overlay) for the building must
secure final approval from City Council.
3. The applicant must secure a Certificate of Appropriateness for the historic
rehabilitation of property from the Historic Preservation Board.
Jennings seconded the motion.
Baker said regarding EXC13-00005 he concurs with the findings set forth in the staff report of
April 10, 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 and staff report for the approval of this proposal with the exception of the staff
recommendation that an impact fee be imposed for the additional three parking spaces and
proposes that it be waived as an incentive for historic preservation development of this property.
Board of Adjustment
April 10, 2013
Page 7 of S
Grenis concurred with Baker's statements.
Soglin said she believes the fees should remain for the three additional spaces. She said,
however, that she particularly concurs with these standards:
Specific Standards
1. The modification will help preserve the historic, aesthetic, or cultural attributes of the
property.
She said this is an excellent reuse and rehabilitation of an existing building.
General Standards
1. 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.
She said it will actually help increase values and that the property, by being located in the
Riverfront Crossings, is not required to have a storefront on the first floor. She said even
though they received a letter expressing concern about that, given the original nature of
this building, it's been difficult to put anything in that first floor space and that in some
ways it's not a first floor when you get to the back of the building. She said she believes
that this standard has been properly met.
2. The proposed use will be consistent with the Comprehensive Plan, as amended
She said this is consistent with the Comprehensive Plan and as noted in the staff report
regarding preserving important historical features of the town. She said we are losing
many of those weekly, and this type of residential is in very short supply.
A vote was taken and the motion carried 5-0.
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:
Holecek gave the Board an update on previous cases that are now being appealed.
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Jennings moved to adjourn.
Bakerseconded.
The meeting was adjourned on a 5-0 vote.
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