HomeMy WebLinkAbout10-08-2014 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, October 8, 2014 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the September 10, 2014 Minutes
D. Special Exception Item
EXC14-000010: Discussion of an application submitted Erica Damman for a special
exception to reduce the front principal building setback requirement from 15 feet to 7 feet for
property located in the Low Density Single-family (RS-5) zone at 427 Clark Street.
E. Variance
VAR14-00001: Discussion of an application submitted by Greg Sirowy for a variance from the
vehicular access requirements for a two-family use for properties located in the High -Density
Single -Family (RS-12) zone at 1243 and 1253 Dodge Street Court.
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: November 12, 2014
To: Board of Adjustment
Item: EXC14-00010
427 Clark Street
GENERAL INFORMATION:
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections
File Date:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Bailee McClellan
Date: October 8, 2014
Erica Damman
427 Clark Street
319-640-0100
Adjustment to the principal building
setback requirement
To reduce the front setback requirement
from 15 feet to 7 feet in order to allow a
front porch.
427 Clark Street
40 x 135 square feet
Residential (RS-8) zone
Clark Street Conservation District
North: Residential (RS-8)
South: Residential (RS-8)
East: Residential (RS-8)
West: Residential (RS-5)
Specific criteria for adjustments
to the principal building setback
requirements, 14-2A-4B-5; purpose of the
minimum setback requirement, 14-2A-4B-
1; general criteria for special exceptions,
14AB-3
September 12, 2014
The subject property is located in the Clark Street Conservation District. Originally built ca.
1890-1900, the house at 427 Clark Street is one of the oldest on the street frontage. Historical
documents show that the structure once included a front porch, which was later removed. The
house is set 13 feet from the street right-of-way line.
The property owner is applying for a special exception to reduce the required front principal
building setback from 15 feet to 7 feet to allow for the construction of an open-air porch. The
zoning code requires covered porches and covered decks that are attached to the house to
comply with the principal building setbacks of the base zone. The setback for houses in the RS-
8 zone is 15 feet, thus a special exception reducing the required front setback to 7 feet is
required in order to allow construction of the proposed front porch. The applicant has also
submitted an application to the Historic Preservation Commission for approval of the porch
design.
In 2008, the abutting property at 425 Clark Street was granted a special exception to reduce the
required front setback to 7 feet to allow for the construction of a historically appropriate porch
similar to what is proposed by the applicant.
ANALYSIS:
The purpose of the Zoning Chapter 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 Zoning Chapter to permit the full use and enjoyment
of property in a manner that does not intrude upon adjacent property. The Board of Adjustment
may grant relief from the requirements of the Zoning Chapter through a special exception if the
action is considered to serve the public interest and is consistent with the intent of the Zoning
Chapter.
Specific approval criteria for adjustments to the principal building setback requirements
(14-2A-B5-b).
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
1. The situation is peculiar to the property.
There are a number of peculiarities associated with the property at 427 Clark Street, the first
being that the historic architecture of the house would normally feature a front porch. It is the
opinion of staff that a front porch for the property is appropriate for both aesthetic and
functional purposes.
While the required setback in the RS-8 zone is 15 feet, a number of houses on the frontage
are set closer to the street:
• 435 Clark is set at 11 feet,
• 431 Clark is set at 6 feet,
• 425 Clark is set at 7 feet, and
• 1029 Court is set at 8 feet.
With the exception of 431 Clark Street, all of these houses were constructed at or before the
turn of the 20"' century. At the southern end of the block along the same frontage, houses
constructed in the 1920s through the 1940s were built with more substantial setbacks —most
greater than 20 feet.
The street frontage (the continuous block length between Court and Bowery Streets)
measures more than 900 feet gong —more than twice the normal block length in this part of
Iowa City. Most of the houses along the northern two thirds of the block, which are also the
oldest houses on the black, have significantly shallower setbacks than the remainder of the
block. The houses on the northern half of the block, with the exception of the house at 415
Clark, all have setbacks less than the required 15 feet. Looking south from the subject
property it is apparent that 431, 425, and 427 Clark were, at one time, set at approximately 6
feet from the street right-of-way line. While 431 Clark remains set at 6 feet with a front porch,
the porch at 427 has been removed.
Often in older neighborhoods staff is able to use setback averaging', which bases the front
setback on the placement of existing buildings abutting the subject property —in this case 7
feet on 425 Clark to the north and 6 feet on 431 Clark to the south for an average setback of
6.5 feet. However, because homes on the south end of the block have deeper setbacks, this
option is not available.
There is practical difficulty complying with the setback requirements.
Staff believes that there is practical difficulty complying with the setback requirement in that
the house currently has an unsheltered entrance and a front facade that is out of character
with its historic architecture and the character of the surrounding neighborhood. Most other
houses along the street either have full front porches or covered entries.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations.
The purpose of the setback regulations is to
a. Maintain light, air, separation for fire protections and access for fire fighting;
b. To provide opportunities for privacy between buildings;
c. To reflect the general building scale and placement of structures in Iowa City's
neighborhoods;
d. To promote a reasonable physical relationship between buildings and residences.
e. Provide flexibility to site a building so it is compatible with buildings in the vicinity.
Staff believes that the reduction in the front setback requirement is not counter to the
purpose of the regulations. Because the reduction requested is for the front setback it will not
reduce the space for light, air, and separation for fire protection and access along Clark
Street, which is a 60-foot right-of-way. Moreover, because the reduction is to allow an open
air front porch, rather than an enclosed addition, the structure has a lesser effect on the
sense of separation for light and air. For this same reason the reduction will not diminish the
opportunity for privacy between buildings as it does not encroach on properties to either side
and is separated from neighboring properties across the street by more than 60 feet.
Given the setbacks of other nearby properties along the northern end of the block, staff
believes the reduction in the front setback to allow the construction of the new porch will not
create an unreasonable physical relationship between buildings and reflect the general
building scale and placements of structures in this portion of the historic neighborhood.
Considering in particular the properties at 431, 425, and 427 Clark Street, it would seem that
the restoration of the front porch would help to restore the historic and aesthetic character of
this property without upsetting the relationship with the placement of other buildings
neighborhood. In staffs view the house at 427 Clark Street is an aesthetic oddity along a
street where the vast majority of homes maintain their historic styles. Staff believes the
restoration of a historically appropriate porch to this property will improve its relationship with
the historic neighborhood and potentially encourage improvements or reinvestment in some
of the neighboring properties that are not well maintained. Staff believes the restoration of a
historically appropriate porch to this property will improve its relationship with the historic
neighborhood.
1 Where at least 50 percent of the lots along a frontage are occupied by prindpal buildings that are located closer to
the street than the required front setback, the front setback may be reduced to the average of the respective setbacks
on the abutting lots. Only setbacks on the lots that abut each side of the subject property along the same street may
be used to calculate the average.
4. Any potential negative effects resulting from the setback exception are mitigated to
the extent practical.
The applicant is applying for Historic Preservation
ensure a historically appropriate design that will
neighborhood. By proposing a porch with a depth
functional, covered entrance to the house that does
setback than is necessary.
Commission approval of the porch to
be in character with the surrounding
of 8 feet, the applicant will have a
not encroach any further into the front
5. The subject building will be located no closer than 3 feet to a side or rear property line,
unless the side or rear property line abuts a public right-of-way or permanent open
space.
Not applicable.
General Standards: 14-4B-3, Special Exception Review Requirements
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Because the reduction in the front setback does
not reduce space or access for fire protection or fire fighting and because it will not obstruct
views of the sidewalk from the driveway, staff believes that the proposed exception satisfies
this standard.
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. For the reasons stated above, and because the
porch will restore the functionality and aesthetic character of the historic house, staff believes
that the application satisfies this criterion. Staff believes the restoration of a historically
appropriate porch to this property will improve its relationship with the surrounding historic
neighborhood and potentially encourage improvements or reinvestment in the neighborhood.
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. Because the neighborhood is already fully
developed for uses permitted in the zone, staff believes this exception will not impede the
normal and orderly development of the neighborhood.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. All utilities, access roads, drainage, etc., are already provided.
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 reduction in the setback will
not impede views of drivers backing onto Clark Street. Thus ingress and egress from the
property is unaffected by the setback.
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
application has been reviewed by the building department and meets all regulations and
standards of the zone.
5
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The
Comprehensive Plan encourages the restoration of historic structures in Iowa City's
neighborhoods.
STAFF RECOMMENDATION:
Staff recommends that EXC14-00010, an application for a reduction in the front principal
building setback from 15 feet to 7 feet to allow construction of an open-air front porch, subject to
the following conditions:
• The applicant will secure a Certificate of Appropriateness from the Historic Preservation
Commission.
• The constructed porch will remain open and may not be enclosed with solid walls or
windows.
ATTACHMENTS:
1. Location map
2. Photos
3. Site plan
4. Elevations
5. Application material
6. Correspondence
Approved by: 7 ,,1 Y 77-
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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SITE LOCATION: 427 Clark Street EXC14-00010
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: q - I Z _ 11 PROPERTY PARCEL NO.
PROPERTY ADDRESS:
PROPERTYZONE:
2+ GLAD st
PROPERTY LOT SIZE:
APPLICANT: Name: Ew404 MM41AP`
Address: 04 "44— 9r,
Phone: 6qo bloo
CONTACTPERSON: Name: 7AA40
(if otherthan applicant)
Address:
Phone:
n
PROPERTY OWNER: Name:
(if other than applicant)
Address:
Phone:
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-waiz@iowa-city.org.
Purpose for special exception:_FpNt fQyLeA A1?01+64 SEth'4fIc-
rpnn wrvpEr--T`f UiN6 -ra F,&' o C r6�to4 'Ua--y'
Date of previous application or appeal filed, if any: fV
cc /VAS' — bvor.l
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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-SC-2C4, 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-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: 2- 20 j ` (G —R W
Signatures) of Applicants)
Date: .20
Signature(s) of Property Owner(s)
if Different than Applicant(&);
s-
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ppdadmin�applicafion-boase.doc =�
Sarah Waiz
From: WILLIAM DOWNING <william.t.down ing@gmail. com>
Sent: Saturday, September 27, 2014 4:19 PM
To: Sarah Walz
Subject: 427 Clark Street
Sarah
I'm writing to let you know that I support the application to reduce the front yard set back for the construction of a new
front porch at 427 Clark Street. In my opinion this application is appropriate, considering the configuration of adjacent
properties. It seems that this porch addition is in -keeping with the historical configuration of the neighborhood.
Will
William Downing
411 S Summit Street
Iowa City, IA 52240
410
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STAFF REPORT
To: The Board of Adjustment Prepared by John Yapp
Item: VAR14-00001 Date: October 8, 2014
1243-1253 North Dodge Court
GENERAL INFORMATION:
Applicant: Greg Sirowy
1906 Meadow Place
Ely, Iowa 52227
319-538-5589
Property Owner: Jason Starr
105 Auburn Hills Drive
Coraiville, IA 52241
319-626-6079
Requested Action: Variance from City Code Section 14-413-4A
(5f(2)): If the lot width is less than 80 feet,
vehicular access is restricted to an alley or private
rear lane
Purpose: To allow for duplex construction
Location:
1243 and 1253 North Dodge Court
Size:
1243 N. Dodge Ct: 8,937.50 SF
1253 N. Dodge Ct: 8,750 SF
Existing Land Use and Zoning:
Vacant; High Density Single Family Residential
(RS-12)
Surrounding Land Use and Zoning:
North: vacant residential (RM-12)
South: residential (RS-8)
East: residential (RS-12)
West: residential (RS-8)
Applicable code sections:
Section 14-4B-4A (5): Two Family Uses in the
RS-12 Zone
File Date:
September 17, 2014
BACKGROUND INFORMATION:
A building permit was issued for duplex construction on the properties at 1243-1253 North Dodge Court,
and foundations have been constructed. After construction started, staff discovered the properties could
not meet the specific standard in City Code Section 14-4B-4A (5f(2)): tf the lot width is less than 80 feet,
vehicular access is restricted to an alley or private rear lane. These two lots are 70 feet wide.
04
In reviewing the history of these lots, staff discovered that the initial subdivision in 1996 and a
subsequent rezoning in 2005 were approved with the expressed intent of allowing duplex construction.
The other lots which were a part of the 1996 subdivision (Jacob Ricord's Subdivision) on North Dodge
Court have had duplexes constructed on them. A rear lane or alley, which was made a requirement for
duplex lots narrower than 70 feet in 2005, was not a part of the 1995 subdivision and is not physically
possible to install due to lot size, and surrounding properties and uses.
2005 Rezoning:
Previously to 2005, the lots on the south side of North Dodge Court were zoned RS-8, Medium Density
Single Family, and duplex construction was permitted on the lots. In 2005, as a part of an update to the
Zoning Code, duplexes were made to be only permitted on corner lots in the RS-8 Zone. Therefore, the
lots on North Dodge Court were rezoned (as a part of a City -initiated rezoning) to RS-12 with the
expressed intent of allowing duplex construction on the lots. A 2005 staff report to the Planning and
Zoning Commission from the 2005 rezoning states:
Because some recent subdivisions were designed for zero -lot line or duplex dwellings and there
are still vacant lots within these subdivisions, staff is proposing to rezone these areas from RS-8
to High Density Single Family (RS-12). The RS-12 Zone will allow duplexes and zero -lot
dwellings on the interior lots as well as corner lots.
The intent of the rezoning was to continue to allow for duplex construction on lots subdivided prior to
the 2005 Zoning Code amendment. What was not considered however was the requirement for alley
or rear lane access for lots narrower than 80 feet in width. In this case no alley or rear lane was
required as a part of the original subdivision in 1996, and the applicant cannot meet the requirement for
rear access for these lots.
ANALYSIS:
1. Not contrary to the Public Interest:
a. The proposed variance will not threaten neighborhood integrity, nor have a substantially
adverse affect on the use or value of other properties in the area adjacent to the property
included in the variance. These lots were intended for duplex construction when platted in
1996, and duplexes have been constructed on the other lots in the subdivision. Duplexes are
not out of character for the south side of North Dodge Court.
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. The Comprehensive Plan supports a diversity of housing types within
neighborhoods — this neighborhood contains single family structures, duplexes, and a multi-
family project was recently approved on the north side of North Dodge Court. The
Comprehensive Plan also supports compatible infiil development — as noted above, the other
lots on the south side of North Dodge Court (as part of the 1996 subdivision) also contain
duplexes.
The RS-12 Zone allows duplexes, but has a provisional use requirement that for lots narrower
than 80 feet access must be from an alley or rear lane. When these lots were rezoned to RS-12
in 2005, the intent was to continue to permit duplexes on these lots.
Another requirement in the Zoning Code is for Design Review Committee review of two-family
uses in the Central Planning District (these properties are in the Central Planning District), and
that length of any garage wall not exceed 60% of the total length of the building fagade. The
applicant has submitted a design which meets this requirement — the Design Review Committee
will review the building plans prior to a building permit being issued.
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. The lots were platted and intended
for duplex construction, rezoned in 2005 to allow for duplex construction, and purchased as
duplex lots. No rear lane or alley was required when the property was subdivided, and it is
prohibitive to require a rear lane or alley at this stage due to lot size, and the ownership and
land use of surrounding properly. The other duplex lots on North Dodge Court do not have
rear access. Foundations have been installed for duplex construction on these lots.
Staff finds that it would be financially and logistically unreasonable to require a rear lane or
alley for these lots, or to require the lots be occupied with single family residences. The
intent of the City -initiated rezoning in 2005 was to allow duplex construction.
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. The situation is peculiar in that the property was
subdivided in 1996 prior to there being a requirement for alley or rear lane access for
duplexes on lots less than 80 feet in width. It is also peculiar in that the Zoning Code was
amended in 2005 to no longer allow duplexes on interior lots, which resulted in a City -
initiated rezoning of the lots to RS-12 with the intent of allowing duplexes to be constructed.
The rezoning in 2005 failed to account for the fact that these lots did not have rear access.
Requiring rear lane access for these two lots would be peculiar and unique, and the other
duplexes on North Dodge Court do not have rear access.
c. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title. The 2005 Zoning Code amendment to require rear -lane access for lots
less than 80 feet in width is not of the landowner's making, and the lots were platted prior to
this requirement being enacted. The City -initiated rezoning in 2005 to RS-12 was not of the
landowner's making, and was intended to continue to allow duplex structures on these lots.
STAFF RECOMMENDATION:
Staff recommends that VAR14-00001, a variance from City Code 14-4B-4A (5f(2)), which requires alley
or rear lane access for two-family structures on lots less than 80 feet in width, be approved for Lots 1
and 2 of Jacob Ricord's Subdivision i.e. the properties at 1243 and 1253 North Dodge Cou, I.
ATTACHMENTS:
1. Location, map
2. Photos
3. Building ele4re:
4. 2005 staff e f RS-8 to RS-12
5. ApplicaticnApproved bDoug BootDepartmenood and Development Servic
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City of Iowa City
MEMORANDUM,
Date: July 21, 2005
To: Planning and Zoning Commission
From: Robert Miklo
Re: REZ05-00010 to REZ05-00013 - RS-8 to RS-12 Longfellow Manor, Whispering
Meadows, East Hill Subdivision and Jacob Ricord's Subdivision
The draft zoning code proposes that construction of new duplexes and attached zero -lot line
dwellings in the RS-8 zone be limited to comer lots. Construction of new duplexes or
attached zero -lot line dwellings on lots that are interior to the block will not be permitted.
Existing duplexes and zero -lot lines will not be affected by the change.
Because some recent subdivisions were designed for zero -lot line or duplex dwellings and
there are still vacant lots within these subdivisions, staff Is proposing to rezone these areas
from RS-8 to High Density Single -Family (RS-12). The RS-12 zone will allow duplexes and
ro-lot dwellings on the interior lots as well as comer lots. In addition to duplexes, the RS-
12 zone allows attached single-family homes (townhouses). The lot area requirement for
townhouses and duplexes in the RS-12 zone Is 3,000 square feet compared to 4,350 square
feet in the RS-8 zone. As a result there may be some lots or combination of lots where an
increase in density may be achieved as a result of the proposed RS-12 zones. However
given existing lot configurations in these areas, staff believes that increases in density will
rarely if ever occur.
The areas proposed for rezoning from RS-8 to RS-12 are Longfellow Manor, the southern
portion of Whispering Meadows, East Hill Subdivision (Catskill Court) and Jacob Ricord's
Subdivision (Dodge Street Court). Location maps are attached.
Staff recommends that REZ05-00010 through REZ05-00013 to rezone Longfellow
Manor, Jacob Ricord's Subdivision, East Hill Subdivision and portions of Whispering
Meadows Subdivision from RS-8 to RS-12 be approved.
Approved by:clotml
�
Karl Franklin, Director
Department of Panning and Community
Development
APPLICATION TO THE
BOARD OF ADJUSTMENT
---- I VARIANCE
a �j fa53-,o0�3o3�S
DATE:_ PROPERTY
j1PARCONO!16%13Q3oC16
APPEAL PROPERTY ADDRESS: S4
APPEAL PROPERTY ZONE: ka APPEAL PROPERTY.LOT SIZE:-0- S
Specific requested variance; applicable section(s) of the Zoning Chapter:
S Lcvek IL/-`i6-1/ ",5J=I`
Reason for variance
Date of Previous application or a 0
P Pp appeal filed; if any: %% d � p-� /��,t
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property:
L otJ
B. "Plot plan drawn to scale showing:
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. Land uses on and property owners of abutting lots; and
6. Parking spaces and trees- existing and proposed.
Mubmisslon of an 8"x 11"bold print plot plan is preferred.]
C. List of property owners within 300 feet of the exterior limits of the property involved in this
appeal:
NAME ADDRESS
APPLICANT'S JUSTIFICATION:
Section 14-7A-2 of the Iowa City Zoning Chapter gives the Board of Adjustment power to
authorize upon appeal in specific cases such variances from the terms of the Zoning Chapter as
will not be contrary to the public interest; where owing to special conditions a literal enforcement of
the provisions of the Zoning Chapter will result in unnecessary hardship and so the spirit of the
ordinance shall be observed and substantial justice done. No variance to the strict application
of any provision of the Zoning Chapter shall be granted by the Board unless the applicant
demonstrates that all of the following elements are present: (emphasis added)
(Please respond specifically to each of the following, explaining your answers.)
Not copy to the public inter
a. Explain why the proposed variance will not threaten neighborhood Integrity, or
have a substantially adverse effect on the use or value of other properties in the
area adjacent to the property included in the variance. l
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b. Explain why the proposed variance will be in harmony with the general purpose
and intent of the Zoning Chapter, and not contravene the objectives of the
Comprehensive Plan. > )
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a. Explain why the property in question cannot yield a reasonable return if used only
for a purpose alla in the zone where the property is located.
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b. Explain how the owner's situation is unique or peculiar to the property in question,
and the situation not shared with other landowners in the area or due to general
conditions in the neighborhood.
C. Explain how the hardship is not of the landowners or applicant's own making or
that of a predecessor in tle.
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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 14-8C72C4, 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-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 duty verged, 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 thh Ci)&�
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Date: "! —ty 20
/ L � Signet re( � Applicant(s)
Date: / PO
if D� ere han Applicant(s)
pptlatlrNnlapplicatlonboever.doc
3!PlOG
MINUTES
BOARD OF ADJUSTMENT
SEPTEMBER 10, 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, Susan Dulek
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 the meeting.
CONSIDERATION OF THE MAY 14, 2014 MEETING MINUTES
Soglin moved to approve the minutes
Baker seconded the motion.
A vote was taken and the motion carried 5-0
SPECIAL EXCEPTION ITEM
EXC14-00009: Discussion of an application submitted by Our Redeemer Lutheran church
for a special exemption 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.
Walz gave a brief presentation of the background of this application. 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 foot requires a special exception from the Board of
Board of Adjustment
September 10, 2014
Page 2 of 4
Adjustment to assure the design and placement of the structure fit the area. Walz showed the
aerial view of the property and the area in the back south end of the lot where they will build the
new structure. Currently there is a moveable garden shed structure there that will be moved
away and replaced with the new structure.
Walz explained that there are specific criteria for Religious Group Assembly Uses in the RS-5
zone; how a parking lot will be used, the minimum setbacks. The criterion that does pertain to
this application is that the proposed use will be designed to be compatible with adjacent uses.
Since this is a residential area, a garage is not unusual. It fits most of the general standards.
There is a sewer easement that runs along the east side of the property, so just have to make
sure the building is set back so that is not within that easement, so the building will need to be
moved over 12 R. but it will still fit in the area they wish to build it. Walz explained that there is
plenty of landscaping screening, and the structure will be setback and the area is heavily
screened by vegetation and trees.
Walz stated that the staff is recommending approval of the application by Our Redeemer
Lutheran Church to build a 24' x 36' utility shed on the southeast corner 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 the area should be preserved;
3. Substantial compliance with the elevations submitted.
Soglin questioned if the structure could be used as a garage, and Walz confirmed that yes a
vehicle would fit in the structure, but the church has indicated that main purpose is for storage of
equipment. A garage would be treated the same way under the zoning code.
Michael Aopleoarth spoke on behalf of the Our Redeemer Lutheran Church. He confirmed
that the building will be used to store lawnmowers and snow blowers. The larger door on west
end will be so they can pull a 24' trailer in there for parade float building.
Grenis opened public hearing.
No one from the public was in attendance.
The public hearing was closed.
Soglin moved to approve item EXC14-00009 an application by Our Redeemer Lutheran
Church to build a 24' x 36' utility shed on the southeast corner of their property in the
Low Density Single Family Residential (RS-6) 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 the area should be preserved;
3. Substantial compliance with the elevations submitted.
Baker seconded the motion.
Grenis said that regarding EXC14-00009 he concurs with the findings set forth in the staff report
of September 10, 2014, and concludes that the general and specific criteria are satisfied.
Board of Adjustment
September 10, 2014
Page 3 of 4
Unless amended or opposed by another Board member he recommends that the Board adopt
the findings in the staff report as their findings for the acceptance of this proposal. He noted that
no neighbors had objected to the special exception.
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:
Introduced Becky Scott as the new minute taker for Board of Adjustment meetings.
Walz informed the board of the South District Plan and there is a planning workshop on
Monday, October 6. All residents of that area will be invited and the Board is also invited to
attend. Additionally there will be a bike tour of the area on September 20
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Chrischilles moved to adjourn.
The meeting was adjourned on a 5-0 vote.
Next meeting October 8
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2013 - 2014
NAME
TERM EXP.
6112
7110
8121
9/18
I 1117
12111
118
3112
4/9
5114
BAKER, LARRY
1/1/2017
X
X
X
X
X
X
X
X
X
X
GOEB, CONNIE
1/1/2015
---
---
X
X
X
X
X
X
X
GRENIS, BROCK
1/1/2016
X
X
X
X
X
X
X
X
X
X
CHRISCH;LLES, T. GENE
1/1/2014 I
X
X
X I
X
X
X
X
X
j X
X
SOGLIN, BECKY
1/l/2018
X
X
X
X
X
X
X
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
-- = Not a Member