HomeMy WebLinkAbout11-12-2014 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
November 12, 2014
5: 15 P.M.
Helling Conference Room
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CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, November 12, 2014 — 5:15 PM
City Hall — Helling Conference Room
AGENDA
A. Call to Order
B. Roll Call
C. Consid--r the October 8, 2014 Minutes
D. Special Exception Item
EXC14-000011: Discussion of an application submitted by Dwight Dobberstein to allow off -site
parking for property in the Neighborhood Stabilization Residential (RNS-12) zone at 318 N. Linn
Street.
E. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: December 10, 2014
STAFF REPORT
To: Board of Adjustment
Item: EXC14-00011
GENERAL INFORMATION.
Prepared by: Sarah Walz
Date: November 12, 2014
Applicant: Dwight Dobberstein
311 East Davenport Street
Iowa City, IA 52240
319-354-9148
Contact: Jim McCarragher
122 S. Linn Street
Iowa City, IA 52240
319-338-9222
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND:
Special exception to allow off -site parking.
To provide two required parking spaces to allow an
occupancy of up to 3 unrelated persons.
318 North Linn Street
Approximately 36 x 80 feet
Residential, Neighborhood Stabilization Residential
(RNS-12) zone.
North: Residential, RNS-12
South: Commercial, CB-2
East: Residential, RNS-12
West: Residential, RNS-12
14-413-3A, General Criteria; 14-5A-4F (1) Specific
Criteria for Off -site Parking.
October 15, 2014
The subject property is located in the Neighborhood Stabilization Residential (RNS-12) zone at
318 North Linn Street. The purpose of the RNS-12 zone is to stabilize certain existing residential
neighborhoods by preserving the predominantly single-family residential character of these
neighborhoods. Provisions in the zone prevent the conversion or redevelopment of single-family
uses to multi -family uses.
The subject property is a single-family use that currently provides no off-street parking. It is
therefore considered non -conforming with regard to parking. While the house includes 4
bedrooms, the rental permit allows an occupancy of no more than 2 unrelated persons due to
the lack of on -site parking. The maximum number of unrelated persons allowed in the zone is 3.
z
In order to allow of up to 3 unrelated persons, the property must come into compliance with the
required parking-2 spaces.
There is sufficient space in the back yard of 318 North Linn Street to provide 2 off-street parking
spaces, however this would require paving over most of the yard. In order to preserve the back
yard space, the applicant is proposing to provide the required parking on the abutting lot to the
east at 311/313 Davenport Street. The property at 311/313 Davenport currently provides 6
parking spaces off the alley (two spaces are provided in the garage and 4 spaces on the parking
aisle between the alley and the garage). In addition, at least one parking space is provided on
east of the house with access from Davenport Street.
The applicant is also the owner -occupant of 311/313 Davenport Street, which has a rental
permit allowing a maximum of 3 unrelated persons per unit. For two-family uses (duplexes) the
zoning code requires 1 off-street parking space per dwelling unit, unless the unit is occupied by
a hcuseho',d with more than two unrelated persons, in which case an additional space is
required. [Table 5A2, Off Street Parking Standards.] The maximum total parking that would be
required for the duplex property at 3111313 Davenport is 4 spaces-2 for each unit to allow a
maximum occupancy of 3 unrelated persons per unit. The applicant is proposing to construct
one additional space off the alley, to the east of the garage, which would stack the two spaces
to be assigned for 318 North Linn.
The Garage, Driveway, and Parking Standards for single-family zones state the following: "For
single -and two-family uses in the zone, a required parking space may be located behind another
parking space on a regularly constructed aisle, provided the spaces are not stacked more than
two spaces deep, counting the space within the garage." [14-2A-6C(1)]
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 14-5A-5F(1) pertaining to off -site parking 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 (14-464E-5).
1. Off-street Parking may be located on a separate lot from the use served according to
the following rules. When the proposed off -site parking is located in a Residential Zone,
the Board of Adjustment may grant a special exception for the proposed parking,
provided the conditions in contained in subparagraphs a. through g. are met.
a. Special Location Plan
A special location plan must be submitted with the application for off -site parking. The location
plan must include a map indicating the proposed location of the off -site parking, the location of
the use or uses served by the parking, and the distance and proposed walking route between the
parking and the use(s) served. The map must be drawn to scale and include property
boundaries, including boundaries of any intervening properties. In addition, documentation must
be submitted providing evidence deemed necessary to comply with the requirements herein.
• Staff finds that the applicant has submitted the required location plan, drawn to scale,
showing distance, parking location, walking route, property lines, etc.
b. Location of Off -site Parking
(1) in Residential and Commercial Zones, no off -site parking may be located more than 300 feet
from an entrance of the use served, except as allowed in subparagraph e, below, for parking in
a municipally -owned parking facility.
The location plan shows two stacked parking spaces intended to serve 318 North
Linn located approximately 93 feet from the back door of the house.
c. Zoning
Off -site parking spaces must be located in the same zone as the principal use(s) served.
• The proposed off -site location is in the same RNS-12 zone as the property for which
parking will be provided.
d. Share use of Off -site Parking —not applicable
e. Off -Site Parking in a Municipally -Owned Parking Facility —not applicable.
f. Approval Criteria
In assessing a special location plan for off -site parking, the Board of Adjustment will consider the
desirability of the location of off-street parking and stacking spaces on a lot separate from the
use served in terms of pedestrian and vehicular traffic safety; and any detrimental effects on
adjacent property; the appearance of the streetscape as a consequence of the off-street parking;
and, in the case of non -required parking, the need for additional off-street parking.
Staff believes the off -site parking locations are sufficiently convenient and accessible
because the two properties are abutting, and parking is located along the rear alley
that serves the both properties. Providing the parking for 318 Linn off site will allow
the applicant to preserve the minimal amount of rear yard space that is available for
the enjoyment of the residents and will reduce the additional amount of paving
necessary to meet the parking requirement.
g. Covenant for Off -site Parking
A written agreement between the owners of the parking and the owners of the property for which
the parking will serve must be submitted with the application for off -site parking. The agreement
must assure the retention of the parking and stacking spaces, aisles and drives, and be properly
executed, binding upon their successors and assigns, and must be recorded as a covenant
running with the land. The agreement must provide that it cannot be released, and its terms and
conditions may not be modified in any manner whatsoever, with prior written consent and
approval from the City. The written agreement must be reviewed and approved by the City
Attorney.
Staff has recommended, and the applicant has indicated, that the covenant be
submitted as a condition of approval of the special exception. The covenant must be
approved by the City Attorney.
General Standards (14-4B-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Staff believes the application satisfies this criterion because the parking spaces are
provided on the abutting property along the alley that serves both properties. Residents
will access parking from the alley, which is considered safe for pedestrians and
vehicles, and similar to how other residents in the neighborhood access their parking.
The proposed arrangement provides assigned parking for the residents and will
address this property's demand for on -street parking.
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.
Staff believes the application meets this criterion based on the findings listed above
with regard to the adjacency of tho properticc a!ong the alley and their location within
the same RNS-12 zone. Moreover, parking is already established along the alley, and
the property at 311/313 has more than the parking than is required to serve the duplex
located on the site. Staff believes that the off -site parking arrangement preserves the
limited private open space on the subject property, which is a benefit to the residents of
the single-family use and the neighborhood in general as it has the potential to
minimize paving in a very densely built 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.
Staff believes the application meets this criterion based on the findings listed above
under general criteria 1 and 2.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
• The proposed parking is located immediately along the alley. All roads and other
facilities for this neighborhood are already being 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 zoning code allows required parking spaces for single- and two-family uses to be
stacked. Staff does not believe that the number of cars parking along the alley
presents any concern with regard to congestion on public streets and, in fact, will help
reduce some demand for on -street parking.
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.
• There special exception will bring the property into compliance with current off-street
parking requirements, which is currently not available on the site.
• The Director of Neighborhood and Development Services has indicated that the
parking area conforms to all other applicable regulations and standards.
7. The proposed use will be consistent with the Comprehensive plan, as amended.
The Comprehensive Plan (Central District) calls attention to the demand for rental properties
in this neighborhood and encourages a healthier balance of owner -occupied and rental
housing. It is noted in the plan that renters are able to pool funds such that they can outbid
single-family homebuyers. Though much of the Plan's focus is on homes that are
reconfigured into apartments, one may question allowing the increase in occupancy made
possible by the provision of parking. However, the subject property has adequate space in
the rear yard to provide two parking spaces on site. Staff believes it is therefore preferable to
preserve the back yard of 318 Linn, which would likely be paved if the special exception is
denied.
Another goal of the Comprehensive Plan is to bring over occupied and non -conforming
properties into compliance. Because the home has four bedrooms, there may be a
temptation to over -occupy the rental. Providing off-street parking to allow 3 unrelated
roomers will help ensure that adequate parking is provided for residents of the property. Staff
believes that posting a sign indicating the off -site parking will help ensure that residents and
owners of both properties are aware of the off -site parking agreement, and the will allow
Rental Inspectors to readily verify that required parking is in place. This will help to ensure
compliance over time as owners and residents of the two properties change.
STAFF RECOMMENDATION : Staff recommends approval of EXC14-00011, an application
submitted by Dwight Dobberstein to allow off -site parking for property in the Neighborhood
Stabilization Residential (RNS-12) zone at 318 N. Linn Street subject to:
• City Attorney approval and filing of the covenant for off -site parking; and
The subject off -site parking spaces should be posted with a sign indicating the
spaces assigned to residents of 318 North Linn Street. The sign to be approved by
the Senior Housing Inspector.
ATTACHMENTS:
1. Aerial views of the properties.
2. Location map
3. Location plan
4. Application materials
Approved by:
John Yapp, Coordinator
Department of Neighborhood and Development Services
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DATE: October 15 , 2014 PROPERTY PARCEL NO. 1010284005
PROPERTY ADDRESS: 318 North Linn Street, lovia City, laza 52240
PROPER 11 ZONE:RNS-i2
PROPERTY LOT SIZE:Sep attached special
—iocaiion plan
APPLICANT: Name: Dwight A. Dobberstein
Address:311 East Davenport Street, loflra City, IA
52240
Phone: (319) 541-9148
CONTACTPERSON: Name: James D. McCarragher
(if other than applicant)
Address: 122 South Linn Street, Iowa City, IA 52240
Phone: (319) 338-9222
PROPERTY OWNER: Name: _
(if other than applicant)
Address:
Phone:
Specific Requested Special Exception; please list the description and section number III
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 355-5239 or e-mail sarah-walz@fowa-cityorg. ri
Off -site parking, loe)a City Ordinance Title 14, Chapter 5A-4(F)
Purpose for special exception: To provide off -site parking to meet parkin space )
requirements for occupancy of property requesting special exception. -¢r. C,I <-...
:
Date of previous application or appeal filed, if any: None
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Dated this %JtM day of October, 2014
Dwight A obberstein,
cr of 311 E. Davenport
318 N. Linn
Nancy L.
of 311 E, Davenport
318 N. Liini
t
Parker Dobberstein, Owner of 318 N. Linn
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Dated this 11th day of October, 2014
Charles C. Bob orstein, Outlier 318 N. Limi
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91
ADDENDUM "A" TO
APPLICATION TO BOARD OF ADJUSTMENT
SPECIAL EXCEPTIONS
A. Legal Description and Owners of Property seeking exception
1.. 318 North Linn Street, Iowa City, Iowa
(a) Legal Description: Commencing at the southwest comer of Lot 4 in
Block 57 in Iowa City, Iowa, according to the recorded plat thereof; running
thence East 80 feet to the southeast corner of said Lot 4; thence north 36 feet;
thence West 80 feet to the West line of said Lot 4; thence South 36 feet to the
point of beginning, all located in Johnson County, Iowa.
(b) Owners:
Dwight A. Dobberstein and Nancy L. Parker, husband and wife
Address: 311 East Davenport Street, Iowa City, Iowa 52240
Telephone Number: (319) 541-9148
Charles C. Dobberstein
Address: 1611 Center Street, Des Moines, IA 50314
Telephone Number (319) 325-3311
Parker J. Dobberstein
Address: 820 Fairchild Street, Iowa City, IA 52245
Telephone Number: (319) 541-9148
B. Plot Plan/Site Plan
See Special Location Plan attached as Addendum "B" to Application
C. Specific Approval Criteria - Required by Title 14, Chanter 5A-4(F)
1, Special Location Plan. See Special Location Plan attached as Addendum 'B" to
Application
2. Location of off -site parldng. The proposed off -site parking spaces are located
within 300 feet from the entrance of the residential building requesting this exception.
See Special Location Plan attached Addendum "B" to Application
3. Zoning. The off -site parking spaces and the residential property requce ting this
exception are both located within the same zone: RNS-12.
,.3
4. Shared use of off -site parking. As shown on Addendum "B", the number of
parking spaces being made available for the requested off-street parking of 318 North
Linn equals the sum total of off-street parking spaces required for this properties.
5. Approval criteria. The use of the off-street parking requested for property
seeking the special exception would:
(a) Preserve green space which would otherwise have to be used to meet the
parking spaces required.
(b) Provide safer parking for residents of the property seeking this special
exception by providing a stacked parking spaces on the easterly side of the garage where
it would not otherwise interfere with pedestrian traffic or vehicular traffic.
(c) Provide a safer alternative for parking for the residents of the property
seeking this special exception by providing not only a safer area to enter their vehicles
but to also providing access onto city streets through an established alleyway with
entrances at both Gilbert Street and Linn Street.
(d) Preserve the appearance of the streetscape by permitting this offsite
parking in an area already used for the parking of motor vehicles.
6. Covenant for off -site parking - will be prepared to reflect decision of the Board
and then submitted for review and approval to the Iowa City Attorneys office,
D. General Approval Criteria - (Required by Application)
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare: The requested special exception will
actually promote and provide for public health, safety, comfort and welfare by providing off-
street parking and reducing congested parking on city streets. It will also provide assigned
parking for tenants who can access their vehicles without worrying of opening doors on streets
with moving traffic or obstruct traffic while backing their vehicles into parking spaces. In
addition, the requested parking spaces are already located in an area being used for parking
motor vehicles and adjacent to an alleyway which provides access to both Gilbert Street and
Linn Street.
2. The specific proposed exception will not be injurious to the .!1gsc and
enjoyment of other property in the immediate vicinity and will not substjtttially�diminish
and impair property values in the neighborhood: The proposed parking spacers v iT proviol
parking on land already owned by the applicant and will therefore not injure or!nterfeiv with -the
enjoyment of other property in the immediate vicinity. The parking spa's'd?wi$lalsarnot
substantially diminish or injure the property value since it provides parkingli�kn Ega al4emy
being used for parking, will preserve green space in the neighborhood and is(46catc� An al-ama
where similar property use and similar off-street parking currently exists. ��
3. Establishment of specific proposed exception will not interfere with normal
and orderly development and improvement of surrounding property for uses permitted in
a district in which the property is located: The requested exception will not interfere with or
impede normal or orderly development of the surrounding property since it is proposed in area
already being used for parking, which is owned by the applicant and is able to access city streets
by an existing alleyway adjacent to the proposed parking spaces.
4. Adequate Utilities, Access Roads, Drainage and/or Necessary Facilities have
been or are being provided: The offsite parking proposed for the property seeking exemption
is in all area off an existing alleyway which accesses both Linn and Gilbert Street and needs no
further utilities, access roads, drainage or necessary facilities.
5. Adequate measures have been or will be taken, provide ingress o- egress
designed to minimize traffic congestion on public streets: Ingress and egress access already
exist fer the parking spaces sought by the property seeking special exception through an
established alleyway which enters both Linn and Gilbert Street. Traffic congestion is minimized
by utilizing tine existing alleyway rather than requesting an additional curb cut entrance to the
city streets.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the special proposed exception in all other respects conforms to
the applicable regulations or standards of the zone in which it is located. [Depending on the
type or special exception requested, certain specific conditions may need to be met. The
applicant will demonstrate compliance with these specific conditions required for tine
particular use as provided for in City Code Section 14-413 as well as requirements from tine
City and the base zone or applicable overlay zone and applicable site development
standards (14-5 A through KI. See Paragraph C in this addendmrn.
7. Proposed use will be consistent with the comprehensive plan of the City. The
Comprehensive Plan, does not directly address the issue of shared parking. The Plan does
however acknowledge that that there is high demand for on -street parking in the older
neighborhoods close to campus and downtown where the property requesting the exception is
located. The applicant is willing to use an existing paved area on his owner -occupied lot that
with the addition of one space would provide stacked parking for the requesting propert. The
requested exception will benefit a part or town that is lacking in public open parking space and
will preserve private green space. The requested exception will also provide offsite parking in an
area which is already being used for parking, is owned by the applicant and provides existing
safe access to city streets by an existing alleyway adjacent to the proposed parking spaces.
MINUTES
BOARD OF ADJUSTMENT
OCTOBER 8, 2014 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
CALL TO ORDER:
Larry Baker, Connie Goeb, Becky Soglin
Gene Chrischilles, Brock Grenis
Sarah Walz, John Yapp, Susan Dulek
Erica Damman; Pam Earhart; Casey Boyd
The meeting was called to order at 5:15 PM.
ROLLCALL:
PRELIMINARY
A brief opening statement was read by Baker outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDERATION OF THE SEPTEMBER 10, 2014 MINUTES:
Soglin moved to approve the minutes.
Goeb seconded the motion.
A vote was taken and the motion carried 3-0.
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.
Walz showed the location map of the property indicating the zone in which the property is located.
The applicant has also submitted an application to the Historic Preservation
Commission for approval of the porch design because the house is located in the Clark
Street Conservation District.
Walz showed an aerial view of the property. She stated that in older neighborhoods homes
are sometimes built with a variation such as being set back much further to the street than
would be required now or, in other cases, the homes are set much closer to the front property
line than is required now. In this case, the frontage along Clark Street shows the homes on
the north end of the block are set much closer to the street than the homes on the southern
Board of Adjustment
October 8, 2014
Page 2 of 6
end of the block, which are set further back. When setbacks are consistently different from
the current requirement, the code allows setback averaging, which bases the setback on the
placement of existing buildings abutting the subject property, In this case, that would be 7
feet at 425 Clark to the north and 6 feet at 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.
setback averaging is not an option for reducing the current setback requirements.
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.
Historical documents show that the subject structure included a front porch at one time,
though was later removed. Walz stated porches are common in this neighborhood; the house
currently has an unsheltered entrance and a front facade that is out of character with its
historic architecture and out of character with the surrounding neighborhood Most other
houses along the street either have full front porches or covered entries.
Wals said that Staff believes that the reduction in the front setback requirement would
not be counter to the purpose of the regulations as the home will still be set back 7 feet from
the front property line. 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. Walz explained that it is
important that the structure be 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.
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.
Goeb asked for clarification on whether the Historical Preservation Commission must approve
the application first, or if the Board needs to give approval for the setback exception firs. Walz
replied that either can happen first because each is conditioned on the other.
Goeb questioned how the setback will be changed, specifically haw far will the front of the
porch be from the sidewalk. Walz confirmed the new setback will be 7 feet from the sidewalk
to the front of the new porch.
Erica Damman (427 Clark Street) stated that the house originally had a front porch, similar to
the one being proposed and similar to the one on the neighboring house.
Baker opened public hearing.
Pam Earhart a resident of Clark Street for 42 years confirmed that the home in question once
had a front porch, and is in favor of the exception to the setback to allow this home to have a
front porch again.
Board of Adjustment
October 8, 2014
Page 3 of 6
Baker closed public hearing.
Soglin moved to approve item EXC14-00010 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 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 orwindows.
Goeb seconded the motion.
Baker stated he felt this would be an improvement on the property and is in favor.
Soglin said that regarding EXC14-00010 she concurs with the findings set forth in the staff
report dated October 8, 2014, and conclude that the general and specific criteria are
satisfied. Unless amended or opposed by another Board member she recommends that
the Board adopt the findings in the staff report as their findings for the acceptance of this
proposal.
Baker noted that this was supported by letters to the board as well as public approval so
support from the neighborhood.
A vote was taken and the motion carried 3-0.
Baker 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.
VARIANCE VAR14-00001:
Discussion of an application submitted by Greg Sirowyfor 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.
Yapp presented the staff report and showed slides of the property. The property was
subdivided in 1996 for duplex construction and duplexes were constructed on four of the lots
and the other two lots have remained undeveloped. 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 14-413 4A (5f(2)): If 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.
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
Board of Adjustment
October 6, 2014
Page 4 of 6
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 1996 subdivision.
Previously to 2005, the lots on the south side of North Dodge Court were zoned RS-8,
Medium Density Single Famiiy, 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-121 The RS-12 Zone will
allow duplexes and zero -lot dwellings on the interior Jots as well as corner Jots.
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.
Yapp gave the analysis that 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. 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.
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 finds the Comprehensive Plan s u p p o r t s a diversity of
housing t y p e s within neighborhoods — this neighborhood contains single famiy
structures, duplexes, and a multi-- family project was recently approved on the north side
of North Dodge Court. The Comprehensive Plan also supports compatible infill
development- as noted above, the other lots on the south side of North Dodge Court (as
part of the 1995 subdivision) also contain duplexes.
When these lots were rezoned to RS-12 in 2005, the intent was to continue to permit duplexes
on these lots.
Yapp explained that the test for unnecessary hardship consists of three prongs
1. 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 al!ey was required when
Board of Adjustment
October 8, 2014
?age 5 of 6
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 property. The
other duplex lets on North Dodge Court do not have rear access. Foundations have
been installed for duplex construction on these lots.
2. 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.
3. 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.
Yapp noted that staff received one email from a neighboring property owner in favor of
granting the variance.
Staff recommends that VAR14-00001, a variance from City Code 14-413-4A (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 Court.
Soglin questioned if this issue had been noticed in 2005 what would have happened. Yapp
stated that the code would have included the exception and written differently.
Baker asked if the code needs to be rewritten. Yapp stated that this is an isolated issue and
should not require the code to be rewritten, unless they find it is also an issue in other parts of
the city. The code is good for future subdivisions, as new subdivision will be designed to meet
the code, this was an isolated issue due to the majority of the subdivision being constructed
prior to the 2005 code change.
Casey Boyd introduced himself as a properly partner for the construction project and
appreciates the Board and the city staff's time. Once the problem was identified they all
worked together to remedy it.
Baker asked Boyd if the construction of the project had been suspended due to this issue.
Boyd confirmed that construction has been suspended for one month.
Goeb asked how the issue was discovered. Boyd explained that appraiser noticed the zoning
requirement and notified the city staff.
Baker opened public hearing
Board of Adjustment
October 8, 2014
Page 6 of 6
No one from the public was in attendance.
The public hearing was closed.
Soglin moved 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 Court. Goeb seconded the motion.
Baker noted concern about the construction suspension and agreed that is something that
needs to be address in a more sensitive manner in the future.
Goeb said that regarding VAR14-00001 she concurs with the findings set forth in the staff
report dated October 8, 2014, and conclude that the general and specific criteria are
satisfied. Unless amended or opposed by another Board member she recommends that
the Board adopt the findings in the staff report as their findings for the acceptance of this
proposal.
Baker agreed and also noted the cooperation of the applicant with appreciation.
A vote was taken and the motion carried 3-0.
Baker declared the motion 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.
BOARD OF ADJUSTMENT INFORMATION:
None
ADJOURNMENT:
Goeb moved to adjourn
Soglin seconded
Meeting was adjourned on a 3-0 vote.
2013 - 2014
NAME
TERM E3CP.
1117
12t11
118
3112
419
5114
9110
1018
BAKER, LARRY
i1112017
X
X
X
X
X
X
X
X
GOEB, CONNIE
111/2015
X
X
X
X
X
X
X
X
GRENIS, BROCK
111/2016
X
X
X
X
X
X
X
Ole
CHRISCHILLES, T. GENE
/1112019
X
X
X
X
X
X
X
OlE
SOGLIN, BECKY
1/112018
X
X
X
X
X
X
X
X
KEY: X = Present
O = Absent
O1E = AbsenttExcused
-- = Not a Member