HomeMy WebLinkAbout12-16-2015 Board of AdjustmentILI-IW
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
December 16, 2015
5: 15 P.M.
NDS Conference Room
2"d Floor City Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, December 16, 2015 — 5:15 PM
City Hall — NDS Conference Room (2nd Floor)
AGENDA
A. Call to Order
B. Roll Call
C. Consider the October 14, 2015 Minutes
D. BOA Procedures
E. Discuss Informational Disclosure Form for Rental Properties
F. Other
G. Board of Adjustment Information
H. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, January 13
Emma Harvat Hall — City Hall
PROCEDURAL RULES
Iowa City Board of Adjustment
December 422442
ARTICLE I. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority wkiekrthat is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration,"
Article A, entitled "Board of Adjustment," and through the adoption of these procedural
rules stated herein.
ARTICLE If. MEMBERSHIP:
Section 1, Qualifications. The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be qualified electors of the
city of Iowa City, Iowa. A majority of the members of the Board shall be persons
representing the public at large and shall not be involved in the business of purchasing
or selling real estate.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members. Prior to the first regular meeting following
their appointment, a new member shall be given an orientation briefing by City staff and
be provided with a ropy of the e
Board's procedural rules, and other information that woutd-may be useful to Board
members in carrying out their duties. R erientatlen
I)WAF19 byThe Cilv Zonina Chaucer and the Comprehensive Plan are made
available on the Cit 's website.
Section 4. Absences. Three consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy as required
by law.
Section 6. Terms. Members shall be appointed for terms of five years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one year or less remaining may also be appointed concurrently for
one full five (5) year term.
Section 7. Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the MayGF-91 Council with copies to the
City Manager, the Director of Rta the Department of
Neighborhood and Develooment Services, and the Board Chairperson, preferably at
least sixty (60) days prior to the date of intended departure.
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ARTICLE III. OFFICERS
Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
the Department of Nei hborhood and Development ServiceSP'annirig -and-,emmenity
t3eve4epment.
Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson
because of death, resignation, removal, disqualification, or other cause shall be fNed by
election from the members of the Board for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5. Vice -Chairperson. When the Chairperson Is absent or abstaining, the Vice.
Chairperson shall perform the duties of the Chairperson and shall have all the powers of
and be subject to all the restrictions upon the Chairperson.
Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the
Chairperson and Vice -Chairperson, the remaining three -member Board may elect a
member to serve as Acting Chairperson. The Acting Chairperson shall perform the
duties of the Chairperson and when so acting shall have all the powers of and be subject
to all the restrictions upon the Chairperson.
Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV. APPLICATIONS:
fl Section 1. Application Forms. Any -applications te<^ •^clog: OF appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary otthe
Board. The Secretary's office is located in the Department of Neiohhwhaod and
Development ServicesPUnn' . Forms are also available
on the UtV's webs1c and in the office of the City Clerk. In the appropriate cases, the
Building Inspector shall transmit to the Secretary all documents constituting a record,
upon which the Board shail act.
Section 2. ApplicatfenSubmittal of Appeals. Aypi eat ens-acappealtrpoeais to the
Board shall be filed with the City Clerk within a reasonable time period, not to exceed 30
calendar days after the action appealed from, and shall specify the grounds for such
appeal. An appeal from a decision by the Building Inspector to Issue a building permit
shale not be deemed to have been filed within a reasonable time if such appeal is filed
more than ten (10) business days after construction work pursuant to such permit is
observable from adjacent properties of the public right-of-way or ten (10) business days
after an alleged violation of the zoning code is similarly observable. Applicants may
appeal an approval or a denial of a Certificate of Appropriateness from the Historic
Preservation Commission within a conservation district by filing a letter with the City
Clerk within ten (10) business days after a Resolution of Denial is filed by the
Commission.
Section 3. Application Filing Fee. The applicant shall complete the required forms,
providing all information requested on the form, and any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. Application fees are established by resolution of the City Council.
{ Section 4. Party of Interest. fequesfs-Aoolicabons for a variance or special exception
must be filed on behalf of the real party In Interest, such as the owner or contract
purchaser.
Section 5. Case Number. An application filed according to the above procedure shall be
given a case number within five (5) business days of the filing date. Case numbers will
be assigned according to the order in which applications are received.
ARTICLE V. NOTICE:
Section 1. Notice Letters. No less than seven (7) business days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record within 300 feet of the subject property. Such notice shall include a description of
the action requested along with the time and location of the meeting. The applicant shall
be formally notified of the time and place of the hearing, in writing, by the Secretary of
the Board.
Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be
published In a newspaper of general circulation not more than twenty (20) calendar day
nor less than seven (7) business days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the nature of the application
or appeal.
Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing,
the Applicant shall post a sign on or near the property upon which the application is
being made, and shall remove the sign immediately following the public hearing on the
application. The sign will be provided to the applicant(s) by the Board Secretary.
ARTICLE VI. HEARING:
Section 1. Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2. Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the
request of three (3) or more members of the Board.
Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4.Ouorum. Three members of the Board shall constitute a quorum.
Section 5. Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent andlor counsel. The
applicant or their representative may present oral argument and testimony; witnesses.
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their represerilative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6. Briefs. The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
application.
Section 8. Hearing Order. The order of hearing shall be as follows:
1. Staff presentation of the fads of the case and recommendation to the board.
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4. Rebuttal by proponents and then by opponents.
S. General discussion by the Board.
Section 9. Board Deliberation. After all parties have been heard, the public hearing will
be declared dosed so that the Board may deliberate the case. The Board must stale
findings of fact and conclusions of law. These fads and legal conclusions must be set
forth in writing as required by Iowa Law. The Board may request additional comments
from the participants. An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 10. Board Motions. Motions may be made and seconded by any member of the
Board other than the Chair. Motions are always made in the affirmative, approving the
requested action.
Section 11. Board Voting. After a motion and discussion, the Board shall be polled for
voles. The concurring vole of three (3) members of the Board shall be required to uphold
an appeal, to decide in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will he recorded by yeas and nays.
Every member of the Board, including the Chairperson, shall cast a vote on each motion.
Proxy votes are not allowed.
BF She believes there is 0 GW:.. i'
e
Breseedlagster-tfial-appfirat iOR.
Section 12, Legal Advisor. The City Attorney or a designated representative shall act as
legal counsel to the Board.
Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules
of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VIE. RECORDS:
Section 1. Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be
produced from such recordings, and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board, and shall also be on file at the City Clerk's office. The applicant may request
a court reporter at the applicant's own expense.
Section 2, Case Files. The Secretary of the Board shall keep a file of all cases, including
forms and additional information. Said file shall be a public record and available for
public inspection during business hours. Copies may be made available upon request, at
cost.
Section 3. Transcript. Upon request, a transcript of the audio recording of the Board's
deliberation will be made, at cost to the recuestor. In the case of an anneal to district
Court there is no chance for the transcript.
ARTICLE Vlll. DECISIONS:
Section 1. Whenever possible, decisions by the Board shall be made at the same
hearing wherein the testimony and presentation of evidence are considered.
Section 2. Formal decisions shalt be made in writing, setting forth findings of fact and
conclusions of law as required by Iowa law.
Section 3. Each decision shall be filed with the City Clerk within a reasonable time after
the Board hearing, and shall be stamped by the Clerk to indicate the dale and time of
filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for
recording at the city's expense.
Section 4.
A copy of said decision shall be forwarded by the Secretary of the Board to the
applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record
within a reasonable time after filing with the City Clerk.
Section 5.
Reconsideration: Upon written request, the Board may reconsider a decision on a
special exception or variance application. A request for reconsideration must be made
within ten (10) business days of the meeting at which a vote on the application was
originally taken and shall articulate and be based on evidence that was not presented or
was unavailable at the time of the original hearing. A motion to reconsider must be made
at the subsequent meeting by a member of the Board who voted on the prevailing side.
If a motion to reconsider is approved, the application will be placed on the agenda of the
next meeting in order to satisfy the requirement for public notice and hearing. No
decision may be reconsidered more than once. Appeals to the Board may not be
reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1. A concurring vote of three (3) of the members of the Board shall be necessary
to amend these procedural rules. Such proposed amendments shall be presented in
writing at any regular meeting or at any special meeting called for that purpose.
Amendments shall go into effect upon approval by the City Council.
CI rY OF IOWA CITY CITY OF IO WA CITY
INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM
City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240
Call Housing and Inspection Services for questions at (319) 356-5130
www.icgov.org/housing
Note: All information must be entered on form. "SEE LEASE" entries are not acceptable.
I _ ibdl Address;
2. ON Wetuire. The website For the City of Iowa City is www.iegov.ore and It provides extensive information about the City of
Iowa City and its services. To access information concerning the Department of Housing and Inspection Services, including
the Rental housing Inspection Division, go to www.i ov.orelhousing. To access the City Code, click on
WW WMOV.01 iCiu code,
3. Occupancy. The maximum occupants/tenants for this unit are _ unrelated persons. Maximum occupancy is available on
the Housing and Inspection Services web page on the City website at the link entitled "rental permit' (hltp-Nwwwslowa-
city oreiiceov/oupslecNrcntals.asp). Nothing in this document prevents the owner or operator from limiting the number of
tenants to less than the maximum ailowable occupancy permitted by the City Code,
4. Tenants. The names of the tenants, including those under 18 years of age, who may occupy this unit:
Name of Tenant
Name of Tenant
Fines. The undersigned acknowledge that we are responsible for complying with the maximum occupancy limits of the City
Code and that the City Code provides that violation of the maximum occupancy limit can result in a $750.00 fine for the first
violation (the City Code also provides that each day is considered a new violation) to the owner. operator, and/or tenant.
Sleeping Rooms. Basements, attics, and other rooms cannot be used as sleeping moms if they do not comply with
requirements for windows, exits, square footage, and other Housing Code requirements.
Basement is: ❑Habitable ❑Non -Habitable
Attic is: ❑Habitable ❑Non -Habitable
Trush/Recrcling. Complete this only if this unit has four (4) dwelling units or less. Trash and recycling pickup for this unit is
(day of the week), City Code section 16-3H-9D provides that garbage receptacles can he brought to the curb
after 3 PM the day before pickup and must be brought back to the properly on the same day as collection. If the City has
provided a "refuse cart" (i.e., City garbage can) it must be used. If the City has not provided a `refuse cart' each unit can
place up to two 35-gallons containers for pickup, and the containers must be stored (when not attire curb for collection) at an
approved location (sideyard or backyard). Note: In neighborhoods where new `refuse carts" have been delivered, their use is
required. Compliance with the collection and storage requirements for refuse carts is the same as any other solid waste
container. Additional garbage or oversized garbage can be picked up for an additional charge, Contact 356-5180 for specifics
on those charges. A City supplied blue recycling container or other approved container shall be used far recycling. Recycling
information is available online at aww.ic oo,or izarba e or by telephoning 356-5180.
Parking. We acknowledge that we cannot park on the grass or across the public sidewalk and that the Landlord provides
off-street paved parking spaces or other parking areas as approved by the City.
9, Noise/Dlsorderly House. It is a simple misdemeanor (a crime, with a tine of $65 to S625 plus surcharge and court costs) to
keep a "disorderly house." Under Iowa City City Code section 8-5.5, a "disorderly house" is:
No Person shall hermit or suffer to continue, without taking legal dens to prevent the same, any quarreling, fight,
disorderly conduct, or other conduct or condition that threatens injury to person or damage, or loud, raucous.
disagreeable noises to the disturbance of the neighborhood, or to the disturbance of the general public, upon a premises
owned by the person or in the person's possession. For purposes of this Section, "to the disturbance of the general public"
includes the disturbance of persons beyond the subject premises and/or to the disturbance of person upon Public Places,
including peace officers.
Keeping a "disorderly house" is also a municipal infraction (civil offense) under section 8-5-5C punishable by a civil penalty
of $750 for the first offense and $1.000 for the second and subsequent offenses, plus court cost. Failure to answer the duct
when the police arrive may result in a municipal infl�aetion being issued to all tenants.
10. Snow and Crass. City Code section 16-1 A-8A provides that snow must be removed within 24 hours of a I-iInch snowfall and
section 6-3-2 provides that lawnslgrass/weeds cannot exceed 10 inches in height, Pursuant to the lease, we acknowledge that
the Tenant/Landlord (cross out one) is responsible for snow removal and the Tenam/Landlord (cross out one) is responsible
for mowing the grass. Regardless of the agreement between the landlord and the tenant, the City Code provides that the City
may hold the owner, operator, or tenant ultimately responsible, and violation of either section noted above can result in a fine
of $250.00 for the first violation and/or the City mowing the grass/shoveling, the snow and assessing the cost of doing so to
the property owner.
l I, Nelehborhood Services Coordinator. Iowa City has a neighborhood services coordinator. For more information, call 356-
5237 or go to the City website (wwu.icaay.org neikhborhoodservices}.
12. State Law. The Iowa Uniform Residential Landlord and Tenant Act (Iowa Code Chapter 562A) can be found at the Iowa
City' Public Library and can be accessed on the Internet at ww'vOegis.iowa,gov.
13. Rental Deposits. The Iowa law on rental deposits can be found at Seetic,062A,12 of the Iowa Code. The landlord has the
right to withhold from the rental deposit (also called the security deposit) such amounts as are reasonably necessary to restore
the premises to the condition at the commencement of the tenancy, ordinary wear and tear excepted. The tenants need to
provide the landlord with the tenant's mailing address or delivery instructions for return of the rental deposit. Additional
information related to leases, move -in, move -out, and checklist may be found on the website at
htlp:l(wch.ullcam❑usoartners rom/I 16(resource/iovr'a/^.n=tenant
We, the undersigned, have read the Informational Disclosure and Acknowledgment form and completed the blanks to the best of our
knowledge.
Landlord:
Tenant
Tenant
Tenant:
tl is1113%h orl ioaal dISCInSare2012.dae
Date:
Date:
"*Note"* All tenants, except minor children of tenants, must sign
this form even if they have an oral rental agreement.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
OCTOBER 14, 2015 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Becky Soglin
MEMBERS ABSENT: Brock Grenis,
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Richard Arthur
CALL TO ORDER:
The meeting was called to order at 5:15 PM,
ROLL CALL:
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 14, 2015 MEETING MINUTES:
Soglin moved to approve the September 14, 2015 minutes.
Chrischilles seconded the motion.
A vote was taken and the motion carried 4-0
SPECIAL EXCEPTION ITEM EXC15-00011:
Discussion of an application submitted by Hidalgo Properties, LLC, for a special exception to allow
residential uses above first floor commercial in the Community Commercial (CC-2) zone located at
1950 S. Gilbert Street.
Walz began by showing a location map of the property and the zoning, the location is the corner of
south Gilbert Street and Southgate Avenue. Properties to the east and to the south are in the CI-1
zone which are undeveloped properties. Properties to the west and north are zoned CC-2. Walz
explained that when the last South District Plan was adopted in 1997 most all of these properties
were zoned CI-1 (the intensive commercial zone) which allows uses like car repair or uses that
require large machinery or outdoor storage. In 2006 properties along Stevens Drive, the subject
property, and the property across Gilbert Street were brought into the CC-2 zone at their request.
Per the zoning the applicant is allowed to develop a commercial property, retail or office use, but to
allow mixed -use or residential uses above the ground floor requires a special exception. That was
true in the zoning code from 2005 and in the current zoning code. Residential uses are not
allowed in Cf-1 zones. The applicant is proposing to build a two story structure with commercial
Board of Adjustment
October 14, 2015
Page 2 of 7
spaces on the ground floor and multi -family uses above. The current floor plan shows eight one -
bedroom units. There is parking available for eight bedrooms.
Walz also noted the property is located in the 500 year floodplain. Iowa City's floodplain
regulations are some of the strictest in the state and exceed the state and federal standards. Iowa
City's standards state that they allow development in the floodplain so long as the property is
raised above the floodplain level or build the property to a floodplain standard so that it can be
secured in the case of a flood. In this case, the residential units are on the second Floor —above
the floodplain. The ground floor of the building must be flood -proofed or raised one foot above the
500-year flood level.
Walz stated the specific standards for this application are; the proposed dwellings must be located
above the street level floor of a building and the applicant is proposing to locate multi -family
(apartment) units on the second floor, it must meet the residential density standards and this
proposal of eight one -bedroom units does meet that standard, to provide for safe access for
residents in a mixed -use building and it must have at least one door facing the public street —this
proposal has east and west facing entrances. The east facing entrance provides an elevator,
which is required by the building code to facilitate handicapped access. The applicant must flood
proof the building one foot above the floodplain level (646.5 feet) which is about the three foot level
on this building. The next two standards deal with the ground floor level of the building and
commercial design standards and the applicant must show they comply with those standards when
they submit final building design plans.
Walz next reviewed the general standards. The specific proposed exception will not be detrimental
to or endanger the public health, safety, comfort or general welfare. Staff found the following:
• The subject property is centrally located in close proximity to commercial areas and
employment centers .
• The property is served directly by a continuous sidewalk network that connects to the
Waterfront Drive commercial area to the east and to the Gilbert Street commercial area to
the north. A connection to the Iowa River and Highway 6 trails is located approximately a
quarter mile to the north.
• The area is served by two bus routes -Broadway and Cross Park. Both routes have stops at
the corner of Southgate and Gilbert.
• On -street parking is allowed along Southgate Avenue.
• The residential entrance at the east end of the building provides elevator access to the
second floor. This will allow the applicant to provide, upon request of a tenant, a
handicapped parking space adjacent to the entrance.
• In order to promote the health, safety, and comfort of the residents, the applicant should
fence in the open space area at the east end of the building to prevent trespassing from
adjacent commercial property to the north and east. Staff recommends that the applicant
provide a functional amenity, such as a picnic table or seating, in this area. This will allow
the open space area to safely serve as private recreation space for the residents.
• The subject property is located in the 500-year floodplain and therefore must comply with
the floodplain regulations.
Walz explained that staff believed the proposed exception would not be injurious to the use and
enjoyment of other property in the immediate vicinity and would not substantially diminish or
impair property values in the neighborhood because other properties in the immediate vicinity
have residential units above the commercial level, as noted in the staff report. Also, additional
multl-family development is anticipated as part of Riverfront Crossings. Properties to the east and
Board of Adjustment
October 14, 2015
Page 3 of 7
south are currently undeveloped. The submitted site plan shows that the applicant is able to
provide more than the minimum parking required for the commercial and residential uses and on -
street parking is allowed on Southgate Avenue.
Walz said that in order to develop the subject property, a common driveway access should be
provided from Southgate Avenue. This will require the applicant to locate a shared curb
cut/driveway along the east property line and to provide a cross access easement so that vehicles
may move between properties once the abutting property develops. The applicant should also
establish a cross access easement between the subject property and the CC-2 property to the
north (which is under the same ownership). This will ensure continued cross access should either
property change ownership or redevelop. Cross access minimizes the number of curb cuts onto
the adjacent streets and thereby reduces traffic conflicts
Walz explained that the property owner was required to dedicate 10-feet along Southgate Avenue
to the right-of-way. As a result, the south property line is approximately 11 feet north of the
sidewalk. If the applicant is unable to achieve the required 10-foot setback along the south side of
the parking lot, a minor modification can reduce the setback by up to 15%. She note that there is
adequate space for bike parking on both the east and west ends of the building and that tenant
bike parking should be provided at the east end of the building. A dumpster location should be
provided at the east end of the site as well. This may reduce the number of parking spaces.
However, by providing more compact spaces, such as along the west side of the parking area, the
applicant should be able to retain 32 spaces. The applicant will also be required to provide a
detailed landscape plan showing the required parking area screening and trees in order to secure
a building permit -east end for tenant use; west end for commercial use.
The proposed use will be consistent with the Comprehensive Plan, as amended. The current
Comprehensive Plan shows this area as appropriate for commercial development. The draft of the
South District Plan that is currently in front of City Council for approval contemplates mixed -use
development in this area, Walz explained the purpose of a mixed -use zone is to provide a
transition from commercial and employment centers to less intensive residential zones.
Staff recommends approval of EXC15-00011, a special exception to allow residential units (up to 8
bedrooms) above the ground floor commercial on property located in the Community Commercial
(CC-2) zone at 1950 South Gilbert Street subject to the following conditions;
Substantial compliance with the site plan and elevations submitted, with the following adjustments.
• 10-foot setback between the west property line and the parking area.
• Bike parking to be provided for residential and commercial uses; parking for residential
uses to be located at the east end of the building.
• Pedestrian access to the West entrance from Gilbert Street.
• one handicapped parking space should be located directly adjacent to one of the
commercial entrances.
Curb cut/driveway access from Southgate Avenue must be provided along the east
property line in compliance with a common access easement in place on the properties.
Open space area to the east of the building should be enclosed by a fence along the north
and east property line. For the benefit of the residents, the applicant should provide some
functional amenity such as a picnic table or seating within this area.
• Applicant must secure a minor modification to reduce the parking setback along the south
property line
• Applicant must provide a cross access easements with the commercial properties the north
Board of Adjustment
October 14, 2015
Page 4 of 7
and east.
• Building must meet the standards for development located in the floodplain.
• The ground floor of the building must meet the ground floor commercial building standards.
Chrischilles asked if there were currently sidewalks along Southgate Drive and Walz confirmed
there were.
Soglin asked to see the floodplain map and pointed out that even in a 100 year flood event the
property would be surrounded by water. Walz agreed and said the property may not be accessible
during a 100-year flood event. Soglin asked if in previous flood events there were mandatory
evacuations and Dulek said in 2008 only Parkview Terrace was a mandatory evacuation. Soglin
noted her concern if the residences on this property were inaccessible due to a flood.
Chrischilles asked how many commercial spaces were in the proposed property. Walz said there
is space three or four but the applicant could address what his intent is.
Soglin questioned the letter the Board received from the property owner across the street from this
proposal that stated they were only allowed to build a single story commercial structure and why
was that person was notable to ask for a special exception. Walz was unable verify whether FAA
regulations had limited the height of the property in question, but at the time that property was
developed it was in the CI-1 zone and that zone does not allow second floor multi -family residential
uses. The property is now zoned CC-2—the zoning was changed from CI-1 to CC-2 at the request
of the owner and was part of the same rezoning that made the property at 1950 Gilbert part of the
CC-2 zone.
Baker asked the applicant to come forward to answer questions
Richard Arthur (applicant, 1950 South Gilbert Street) is seeking the special exception. He and his
wife currently own the property at 1930 South Gilbert Street and when they first married they
worked out of that building and lived above it as well. During the flood of 2008 they were
evacuated and not allowed to return to their building for a little over a week.
Chrischilles asked how many commercial units would be in the proposed property. Arthur replied
they would have three commercial spaces. Arthur noted that the letter from the neighbor stated a
concern about an ability to lease or rent the spaces he owns and the addition of the new building
would be too much supply. Arthur said of the three spaces he projects to have in the new building
two of the spaces already have interested renters. He noted that his current business is as a CPA
and he works closely with the Hispanic population, especially restaurants and construction
companies. Arthur does not believe the tenants he will have in his commercial spaces will be
those his neighbor would be attract to his building.
Chrischilles asked how many current commercial spaces Arthur owned. Arthur said there were
three commercial spaces in his current building but as soon as the new building is constructed it
will only be two because one of the tenants will move to the new building and Arthur will expand his
business office. Chrischilles asked if the neighbor's commercial spaces were all rented and Arthur
thought there might be one vacancy in his building.
Goeb asked about the upstairs of Arthur's current building, Arthur said there were five units on the
upper level, his wife and he lived in one of the one -bedroom units at one time but now live over on
McCollister Boulevard with their three children.
Board of Adjustment
October 14, 2015
Page 5 of 7
Soglin noted in the new building there would be eight one -bedroom units and eight parking spaces
and if the units had couples sharing the units there may not be enough parking spaces. Arthur
noted that in their current building the commercial tenants use their spaces during the day but the
apartment tenants can use them in the evenings so the spaces are not used at the same time of
the day. He also noted there are extra spaces in the site plan for overages. Arthur also mentioned
several tenants bike or walk to work and don't have cars or need parking spaces.
Goeb asked how the current building at 1930 South Gilbert Street was allowed to be built with
apartments on the upper level. Walz was unsure, but thought it must have been built under a
previous zoning code when that was permitted. Arthur noted his building was built in 1984.
Baker opened the public hearing.
Chrischilles noted letter the Board received from the neighbor and how much weight it should be
given. The letter states concern about buildings with apartments above and that allows for the
commercial units to be rented at lower costs —the author of the letter believes that is not fair to
other commercial properties in the area. Walz noted that developing a property with commercial
and residential above is a far more expensive prospect, with the infrastructure and size of the
building needed. The applicant is providing one floor of residential, which is an expensive prospect,
but one that adjacent property owners in the CC-2 could also seek through the same process.
Goeb noted the other property owner built his building in a time where the second story residential
was not allowed and that just sometimes happens. She feels his points are valid, but denying this
application does not help that property owner in any way.
Soglin agreed that there is no evidence on the over saturation and also feels that when there is
residential above commercial that sometimes limits what can be in that commercial space so there
is no disturbance to the residences. She also noted that in terms of the second general standard,
it is not diminishing or impairing the property values in the area but rather would increase the
values,
Goeb noted her concern about residences in the floodplain and fears people trying to get back into
their building during a flood event, Walz said that the building being constructed with flood doors
would not allow anyone to enter during a flood event. Goeb was glad to hear that, but also said
there is a cost for people having to be relocated during a flood. Chrischilles asked if renters were
made aware that they are in a floodplain and what that could mean when they sign a lease. Walz
said that could be a condition on the special exception that it is disclosed on the lease and that
requirement would stay with the property and be required of any future owner of the building.
Arthur said his current lease does not mention anything about possible floods. He said he would
be willing to add that to his leases as it is important to inform people there is a risk.
Dulek noted it would be an informational item in the lease, it is not saying it would be a requirement
stating the landlord has to do X or the tenant has to do Y.
Baker asked if the Board could make a recommendation to City Staff that all leases have the flood
information in them. Walz said they could draft a request to the Planning Office to have that added
to leases within City floodplains. Walz will draft a request and have the Board sign it at a future
meeting.
Baker closed the public hearing.
Board of Adjustment
October 14, 2015
Page B of 7
Soglin moved to approve EXC15-00011, a special exception to allow residential units (up to
8 bedrooms) above the ground floor commercial on property located in the Community
Commercial (CC-2) zone at 1950 South Gilbert Street subject to the conditions list in the
staff recommendation plus that the information disclosure form on the lease disclose that
the property is in the 500 year floodplain.
Chrischilles seconded the motion.
Soglin stated that regarding EXC15-00011 she concurs with the findings set forth in the Staff report
of October 14, 2015 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 for the approval of this application. She also noted regarding the second
general standard, although the Board received a letter stating some concerns there was no
evidence in the letter that this proposed special exception presents an unfair advantage. Also
regarding the first general standard and the regard to public safety the issue about the floodplain
has been satisfied.
Chrischilles and Goeb concurred with the finding of facts.
A vote was taken and the motion passed 4-0.
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.
OTHER:
Walz said she was unsure if there was any applications for the November meeting but if there is a
meeting it will be on November 18, a week later than usual and be held at the Robert A. Lee
Recreation Center.
Soglin asked about the conditions of landscaping that was added to the exception for the drive-thru
at the Dodge Street HyVee and would like Staff to report if the landscaping at the location is
appropriate. Walz said that HyVee never built the drive-thru any conditions imposed with the
special exception are no longer valid.
ADJOURNMENT;
Soglin moved to adjourn.
Chrischilles seconded the motion.
The meeting was adjourned on a 4-0 vote.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2014 - 2015
NAME
TERM EXP.
11112
1114
VI
418
5113
8110
8112
M
9114
10l14
BAKER, LARRY
1/112017
X
X
X
X
X
X
X
X
X
X
G❑EB, CONNIE
111/2020
x
X
X
X
X
X
X
X
X
X
GRENI5, BROCK
1/112016
X
x
X
O1E
X
O!E
X
X
x
OJE
CHRISCHILLES, T. GENE
111/2019
x
OIE
X
X
X
X
X
X
X
X
SOGLIN, BECKY
1/1/2018
X
X
X
X
X
X
x
X
X
K
KEY; X = Pre sent
O = Absent
OIE = Absent[Exw sed
— = Not a Mern ber