HomeMy WebLinkAbout12-11-2013 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, December 11, 2013 — 5:15 PM
Citv Hall — Ernma J. Harvat Hail
A. Call to Order
B. Roll Call
C. Consider the November 13, 2013 Minutes
D. Other:
A request from Jay Nelson to extend the term of a variance granted in May, 2013, to allow
redevelopment of property located in the Central Business Service (CB-2) zone at 211 N Linn Street.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: JANUARY 8, 2014
MEM0RANDUM
Date: December 5, 2013
To: Board of Adjustment
From: Sarah Walz, Associate Planner
Re: A request for an extension of the term of a variance for 211 North Linn Street
(VAR13-00001).
Introduction: At its May, 2013, meeting the Board of Adjustment granted a variance form the
parking requirements for property located at 211 North Linn Street. Due to the location, size,
and configuration of the property, a waiver from the parking requirements was necessary to
allow re -development of an obsolete building. The Board's decision was filed on June 4.
The Zoning Code states:
"Unless otherwise determined by the Board, all orders of the Board shall expire 6
months from the date of the written decision is filed with the city Clerk unless the
applicant shall have taken action within the 6-month period to establish the use or
construct the building permitted under the terms of the Board's decision, such as
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."
The applicant has taken action seeking design review approval of the proposed building,
however, since mid -July there has been no further progress on establishing the new building.
The applicant has decided to sell the property to allow another developer to construct the
approved building. He is seeking an extension in order to ensure that the rights granted in the
variance do not expire due to recent inactivity. A letter from the applicant's attorney is attached.
If the Board approves the requested extension, the new owner will have 6 months to make
progress in establishing the new building as stipulated in the code section quoted above and will
be subject to all the conditions in the Board's original decision. (In its decision, the Board
imposed conditions to control the floor plans from 3 one -bedroom apartments and an exterior
design that was in character with the surrounding neighborhood. In addition, the Board imposed
a condition to ensure sufficient space for the dumpster enclosures to the rear of the building.)
The purchaser has met with the Building Official to go over the plans for the building and has
indicated his intent to build the building as proposed with no significant changes. Any substantial
change to the building plans would require the purchaser to come back to the Board of
Adjustment.
It is staff's opinion that the applicant has acted in good faith and that the new owner intends to
move forward with construction of the approved building in the next 6 months. Therefore, Staff
recommends granting the 6-month extension.
MEARDON, SUEPREL & DCWNER P.L.C.,
L . VAZRs
WILERTN. DG'+4NER
JAMES a FtcGARRAGHER
rHOMA5 O. HUR 4RT
I:OIPiLAS D. HUPPERT
IRM10I1YJ PN@IdN
Wlt_LIAII J. SDE!'PEL
CHANLES A. HL,RDON
OENN'IS J M11CHELL
P=R— OARCNFR
OATHLHLNE 5_ GERLACH
5VW W. 'WANORO
Sarah Walz
Iowa City Civic Center
410 East Washington Street
Iowa City, IA 52240
122 SOUTH LJNN SIfiLET
IOJ✓A CFTC, IOWA 52240 - I UO2
TTxC'-H i rE. (3 1 9) 338 0222
ncx: (3113) 3J8J25C
Wh IM'TiARDONLAW _Ceti
November19, Z013
Re. Netson/211 North Lim Street/ IZeylaest for V, iiinncc Extension
Dear Sarah:
WILLIAW L. ;-0£Al2DON
(19!9 1591)
CF COUNSEL
Jt l BA8)LEY
HICDRED,
lN1LLIAM F. SUEPPEI.
tS'RGARETT LAI''SCM
This letter is a follow-up to our telephone conversation earlier today regarding Jay Nelson and the
property located at 211 North Linn Street, Iowa City, Iowa.
As you know, Jay previously obtained a variance for the development of thus property, and the
purpose of this letter is to formally request a six (6) month extension of that variance.
Since the variance was originally granted, Jay has decided not to develop the property himself, but
rather is entering into a Purchase Agreement with Jesse Allen, a local developer, who will be
building out flee property pursuant to the previously -approved plans. I am legally representing
Jay Nelson in his sale of this property. Mr. Allen should have his due diligence completed in
December and, if all other Purchase Agreement contingencies are satisfied, the transaction is set to
close prior to the end of the year,
Please put this request for extension on the Board of Adjustment December meeting agenda and
contact me with any questions or if you need any additional information.
Thanks for your attention to this matter.
With kindest personal regards, I am
DDR%tw
MINUTES
BOARD OF ADJUSTMENT
NOVEMBER 13, 2013 — 5:15 PM
CITY HALL, ENIMA HARVAT HALL
MEMBERS PRESENT:
MEMBERS ASSENT:
STAFF PRESENT:
OTHERS PRESENT:
PRELIItlIINARY
Larry Baker, Gene Chrischilles, Connie Goeb, Brock
Grenis, Becky Soglin
None.
Sarah Walz, Sue Duiek
RECOW02ENDATIOk1S TO CITY COUNCIL: None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
CONSIDERATION OF SEPTEMBER 18, 2013 MEETING MINUTES
Soglin moved to approve.
Barer seconded the motion.
A vote imas taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM
EXC13-00015: Discussion of an application submitted Tom Kemmerer for a special exception to
allow conversion of a non -conforming use that is located in a structure designed for a use that is
prohibited in the zone to allow conversion to another non -conforming use of the same or lesser
intensity, and a historic preservation exception to modify the site development standards
(parking) to allow re -use of the historic property located in the High Density Multi -Family (RM-
44) zone at 518 Bowery Street.
Walz said the applicant contacted her today and said he would like to defer this application.
Walz recommended that he defer the application until the January meeting of the Board.
Chrischilies moved to defer EXC13-00015 to January 2014.
Board of Adjustment
November 13, 2013
Page 2 of 3
Goeb seconded.
A vote was 'takers and the motion carried 5-0.
OTHER:
Members of the Board discussed their experiences at the American Planning Association
meeting. Soglin said that based on what she learned there, Iowa City is doing almost everything
right.. and she complimented Walz on how she conducts the meetings of the Board
ADJOURNMENT:
ChrischiVes moved to adjourn.
Saker seconded.
The meeting was adjourned on a r-g vote.
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