HomeMy WebLinkAbout09-10-2014 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, September 10, 2014 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
C. Consider the May 14, 2014 Minutes
D. Special Exception Item
1. EXC14-00009: Discussion of an application submitted by Our Redeemer Lutheran Church for a
special exception to allow an accessory storage building associated with a Religious Assembly Use
located in the Low Density Single -Family (RS-5) zone at 2301 East Court Street.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: October 8, 2014
STAFF REPORT
To: Board of Adjustment
Item: EXC14-00009
Our Redeemer Lutheran Church
GENERAL INFORMATION:
Prepared by: Kirk Lehmann, Planning Intern
Date: September 10, 2014
Applicant: Our Redeemer Lutheran Church
2301 East Court Street
Iowa City, IA 52245
319-338-5626
Contact: Mike Applegarth
302 Mosswood Lane
Iowa City, IA 52246
319-321-1257
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND:
Special Exception to build an accessory building for
a religious institution in an RS-5 zone
To construct a 24' x 36' utility shed
2301 East Court Street
864 square feet
Low Density Single Family Residential (RS-5)
North:
Residential and Public (RS-5, P1)
South:
Residential (RS-5)
East:
Residential (RS-5)
West:
Residential (RS-5)
General Criteria (14-413-3A), Specific criteria for
religious group assembly in the RS-5 zone (14-4B-
4D-15f), Detached Accessory Structure Setback
Requirements (14-4C-3B-2c-(1a))
August 11, 2014
Our Redeemer Lutheran Church is proposing to build an 864 square foot utility shed in the
southeast corner of the lot at 2301 E. Court Street. As a religious institution in a Low Density
Single Family Residential (RS-5) zone, an expansion beyond 500 square feet requires a special
exception from the Board of Adjustment.
Currently, a smaller storage shed exists in the location of the proposed shed. It stands
approximately 40 feet from the east property line and 17 feet from the south property line. The
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properties to the south and east of the proposed building are single family residences, but both
are shielded from the shed by a row of trees and shrubs.
The new shed may displace two to four parking spaces currently located in the southeast corner
of the parking lot. The Church is required to provide 110 parking spaces. The current parking lot
includes over 200 parking spaces.
The .1 % and .02% flood plains protrude into the southeast corner of the property, and a drainage
way runs along the eastern property line. The proposed structure appears to be located outside of
the flood plain.
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 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.
The Board may grant the requested special exception to allow the an accessory storage
building in an RS-5 zone only if the application meets all of the specific criteria listed in 14-413-
4D-15 regarding Religious Assembly Uses in the RS-5 Zone and 14-4C-3 regarding
Development Standards for Accessory Structures. In addition, the proposed shed must also be
in accordance with the general approval criteria for special exceptions as set forth in Section
14-4B-3A.
Specific Criteria for Religious Group Assembly Uses in the RS-5 Zone (14-4B-4D-15)
a. Vehicular Access to the proposed use is limited to streets with pavement width greater
than 28 feet. For expansions of existing uses that are nonconforming with this provision,
access to streets with pavement widths of 28 feet or narrower will be considered based on
the projected traffic generated by the proposed expansion. Court Street is 31 feet wide and
First Avenue is 33 feet wide adjacent to this property. The proposed building will replace an
existing utility shed with a larger one. It will have no effect on traffic.
b. Minimum Setbacks: front, 20 feet; side, 20 feet; rear, 50 feet. Because it is not attached to
the principal building (the church), the shed will follow the development standards set for
accessory structures in residential zones instead of those for the principal building. Accessory
structure development standards require side and rear setbacks of 5 feet, while the shed is 15.4
feet from the south (side) property line and approximately 33.6 feet from the east (rear) property
line.
c. The proposed use will be designed to be compatible with adjacent uses. The current
utility shed has a tree and shrub buffer from adjacent properties. The trees will remain. It is staff's
opinion that the proposed building is in scale with the neighborhood and additional screening and
3
landscaping beyond their current level is not required, especially since the elevations that the
applicant provided look like a garage that might be typical of a single family use.
d. The Board of Adjustment will carefully review any requests for parking spaces beyond
the minimum required. The proposed building will not increase the number of parking spaces.
e. The proposed use will not have significant adverse effects on the livability of nearby
residential uses. Staff does not anticipate any adverse effects, and the shed may actually
Provide additional screening for the neighbor to the south from the parking lot.
f. The Building Official may grant approval for an accessory storage building less than
500 square feet in size, without approval from the Board of Adjustment. The proposed
accessory is 864 square feet (24 feet by 36 feet), triggering the special exception process.
General Standards (14-48-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Because the proposed accessory structure does
not generate additional traffic to the site, staff believes the application satisfies this criterion. A
sanitary sewer easement runs along the east side of the property, adjacent to the creek. The
proposed location of the structure should be moved approximately 12 feet to the west in order to
remain outside the easement. Staff believes there is ample room in the south end of the parking
lot to locate the structure appropriately to avoid the easement.
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. Because the accessory structure is screened from surrounding
residential properties and because it exceeds the minimum setback requirements, staff believes
the application satisfies this criterion.
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. Based on the findings under general criterion 1 and 2
above, and because the accessory structure is in effect a large garage which is not unusual in a
single-family zone, staff believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided. No additional infrastructure is required for the proposed buildings.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. The proposed building has no effect
on traffic.
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. The proposed
exception conforms to all other applicable regulations of the RS-5 zone, including setbacks,
height limitations, and building coverage as enumerated in 14-4C-3, Accessory Use
Development Standards. Side and rear setbacks are farther than 5 feet, the buildings footprint is
less than 15 percent of the total lot area (it is about 1 percent), and the proposed building is not
4
be within 3 feet of any other unattached accessory buildings. In addition, the building does not
exceed a height of 15 feet,
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The
Comprehensive Plan Future Land Use Map shows this area to be semi-public land. This reflects
its current use as a Church. The proposed building will not change its principal use. The
Comprehensive Plan encourages the location of institutional uses, such as churches, daycares,
and schools, within residential neighborhoods.
STAFF RECOMMENDATION:
Staff recommends approval of an application submitted by Our Redeemer Lutheran Church to
build a 24' x 36' utility shed on the southeast comer of their property in the Low Density Single
Family Residential (RS-5) zone located at 2301 E. Court Street, subject to the following
conditions:
1. The structure should be located in the south end of the parking area but outside the
sanitary sewer easement;
2. Landscape screening in this area should be preserved;
3. Substantial compliance with the elevations submitted.
ATTACHMENTS:
1. Location Map
2. Aerial views of the proposed location.
3. Site Plan
A. Elevations
5. Application materials
Approved by: / A` / ` 7--
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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FILED
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APPLICATION TO THE 3
BOARD OF ADJUSTMEf
SPECIAL EXCEPTIOW-Jl
DATE: PROPERTY PARCEL NO.
PROPERTY ADDRESS: ,1rJ ! 'Fig 5T (� e)u t S'fr-'!�4+
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PROPERTY ZONE: PROPERTY LOT SIZE::
APPLICANT: Name: Our' I��de c,, - Lowe—itiik
Address: ;Z-36! F-0-5 {Cu_//r 1 Sao
Phone:
CONTACT PERSON: Name: m fi @ FTp f e-At Q
(if other than applicant)
Address: �� { e�S c� t! T-rz ! �•
Phone: 3 19 — 3.2 f ^ f.2 S `%
PROPERTY OWNER: Name: _
(if other than applicant)
Address:
Phone:
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Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-walz@jowa-city.org.
4
Purpose for special exception:
Date of previous application or appeal filed, if any:
`x3G� Lri�((�tnr
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In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Leoal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.lowaassessors.com/
or by calling 319-356-6066.
B.
Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each property
L , opposite or abutting the property in question;
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Parking spaces and trees - existing and proposed.
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7. Any other site elements that are to be addressed in the specific criteria for your
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special exception (i.e., some uses require landscape screening, buffers, stacking
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spaces, etc.)
C.
Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14413
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa-
city.org. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
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D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
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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.
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@ establishment of the specific proposed exception will not impede the normal
M- and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
Eb 1 u p LO U e- a[ r i � Fi � `{-p �{n cJ-o a c, h o h
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in e-, yAcc�SS -T�' 1"03� ii�(fl7'd�S Q,�
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. f j q
et.5rP �pi� 1 l c( G{ fp (l r,�-(1 r<S �a a $ 4 n `,Call (I C wt (-( n ¢ �.
D O Pe- �iI.STY�ID/I�15h(�dr E Y�P�� I.S (Gl�Evt i(s 2 1 r93�
Q QXtSTtvicj Du() lhct "�or4cc�sS ca LI1t iii&-S.� bur-
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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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 14-113 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
The proposed use will be consistent with the Comprehensive Plan of the
City.
0
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-BC-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-BC-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.
Date:
Date:
ppdad m nlapplication-boase. doc
20
20
Signature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
1.r1
MINUTES
BOARD OF ADJUSTMENT
MAY 14, 2014 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
PRELIMINARY
Larry Baker, Gene Chrischilles, Connie Goeb, Brock
Grenis, Becky Soglin
None
Sarah Walz, Sara Greenwood Hektoen
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 APRIL 9. 2014 MEETING MINUTES
Soglin moved to approve the minutes.
Goeb seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM
EXC14-00006: Discussion of an application
expansion of an existing school of general
(CC-2) zone at 1030 Cross Park Avenue.
submitted by Faith Academy, to allow the
instruction in the Community Commercial
Walz said this school was established about a year ago when the applicants came before the
Board to establish grades K-1. She said they are now seeking to expand the school. She
showed the Board where the existing school is located and where the additional space will be
added. She said as part of the previous special exception, the applicants fenced the outside
play area and established a sidewalk. She pointed out where the parking is and where
Board of Adjustment
May 14, 2014
Page 2 of 4
additional parking will be added and said they have ample parking. Walz showed the new
location of the front entrance, which will put it further away from the nearby loading dock.
Walz said that each year the school plans to add one grade, and their eventual goal is to have
grades K-12. She said staff is recommending approval with the conditions of completion of thce
sidewalk along the east side of the playground to the school entrance and that the enrollment is
capped at 105 students or as if required by Code they add another 500 square feet.
Soglin asked for clarification about how the large trucks coming to the loading dock coincides
with the school's hours. Walz said there are not frequent or regular deliveries to make it a
concern of staff.
Soglin asked if there was a crossing guard here. Walz explained that crossing guards are only
used on arterials.
Baker ascertained that the applicant is renting the subject property and that buying the building
and using it for religious purposes would change its tax status. He asked if there's anything in
the Comprehensive Plan that talks about tax base maintenance as an issue in land use
decisions. Walz said there isn't.
Greenwood Hektoen said the power to zone property is based on health, safety and welfare
issues, not tax value, so that's not a factor that comes into play in zoning decisions. Walz said
the Board's job is to look at the use, not the tax yield.
Grenis invited the applicant to speak.
Doug Fern of 621 N. Johnson St. explained that up to this point, there have been no issues
involving the loading dock, as the one truck they see there daily has come and gone before the
children arrive. He said that the amount of space they want to add will give the school enough
square footage for five years of growth.
Soglin asked if the hours of operation ever change and there could be more of an overlap
between school hours and traffic at the loading dock. Fern said there is an isolated event or two
outside of the designated 7:30 a.m. to 3:30 hours.
Grenis opened public hearing.
Grenis closed public hearing.
Goeb moved that EXC14-00006, a special exception to allow the expansion of a General
Education Facility for up to 105 students in the Community Commercial (CC-2) zone
located at 1030 Crosspark Avenue be approved with the following conditions:
• Completion of a sidewalk connection along the east side of the playground to the
school entrance.
• An enrollment of more than 105 students or an addition of more 500 square feet of
floor area will be considered an expansion of the use that requires a new special
exception.
Bakerseconded.
Board of Adjustment
May 14, 2014
Page 3 of 4
Baker said that regarding EXC14-00006 he concurs with the findings set forth in the staff report
of May 14, 2014, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommended that the Board adopt the
findings in the staff report as their findings for the acceptance of this proposal.
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:
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Baker moved to adjourn.
Soglin seconded.
The meeting was adjourned on a 5-0 vote.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2013 - 2014
NAME
TERM EXP.
6112
7110
8/21
9/18
11l7
12111
1/8
3/12
419
5114
BAKER, LARRY
1/1/2017
X
X
X
X
X
X
X
X
X
X
GOER, CONNIE
1/l/2015
—
--
X
X
X
X
X
X
X
GRENIS, BROCK
1/l/2016
X
X
X
X
X
X
X
X
X
X
CHRISCHILLES, T. GENE
1/l/2014
X
X
X
X
X
X
X
X
X
X
SOGLIN, BECKY
1/l/2018
X
X
X
X
X
X
X
X
X
X
KEY: X = Present
0 = Absent
01E = Absent/Excused
— = Not a Member