HomeMy WebLinkAbout10-12-2016 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
October 12, 2016
5: 15 P.M.
Emma Harvat Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, October 12, 2016 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Special Exception items
1. EXC16-00007: Discussion of an application submitted by Mark Bulechek for a special
exception to reduce the front principal building setback for property located in the Low -
Density Single -Family (RS-5) zone at 9 Forest Glen.
2. EXC16-00009: Discussion of an application submitted by Tom Streb for a special
exception to allow expansion of an existing Quick Vehicle Servicing use located in the
Neighborhood Commercial (CN-1) zone located at 2221 Rochester Avenue.
D. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, November 9, 2016
Emma Harvat Hall, City Hall
STAFF REPORT
To: Board of Adjustment
Item: EXC16-00007
9 Forest Glen
GENERAL INFORMATION:
Applicant & Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable code sections:
File Date:
BACKGROUND:
Prepared by: Sarah Walz
Date: October 11. 2016
Mark Bulechek
9 Forest Glen
Iowa City, IA 52245
319-330-7317
Approval of a special exception to reduce the
required front yard setback along Forest Glen
To allow a home addition
9 Forest Glen
0.26 acre
Low Density Single Family (RS-5)
North: Residential; RS-5
South: Residential; RS-5
East: Residential; RS-5
West: Residential; RS-5
14-4B-3A, General Criteria
14-2A-413-5 Specific Criteria for reductions to the
principal building setback.
August 25, 2016
The subject property is located at 9 Forest Glen, an approximately 450-foot cul-de-sac. Homes
along this frontage are set back further that the now standard 15-foot requirement for single-
family homes in the RS-5 zone. Based on setback averaging, the required front setback is 20
feet.
The applicant is seeking to reduce the front setback by 10 feet along a 17-foot wide section of
the house in order to expand two side -by -side bathrooms, located at the front of the house. The
house is set at an angle to the street such that the 10-foot reduction would bring the house
approximately 13 feet, 11 inches from the front property line at its nearest point. The applicant
has indicated that he would like the additional space in order to make both bathrooms
handicapped accessible.
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 14-4B-4E-5 pertaining to principal building setbacks 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 genera? standards are incG,ded on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific approval criteria for adjustments to the principal building setback requirements
(14-2A-413-5).
1. The situation is peculiar to the property.
FINDINGS:
• The subject house at a slight angle to the front property line. The south end of the
house is set nearest to the front property line at 22.59 feet; the north end of the
house is set at 24.74 feet from the property line.
• The existing bathrooms are located at the front of the house. The applicant has
indicated that this presents some challenges in relocation the bathrooms to another
part of the house, given the existing floor plan, internal plumbing, and topography of
the lot. The applicant has submitted a floor plan to show the arrangement of rooms in
the house.
• This property is established along a curved cul-de-sac, approximately 450 feet in
length. All properties along the street are developed. There is not a consistent
setback along this frontage.
• Houses set on the abutting lots are set at a more severe angle to the street, with
garages set to the front of the house.
2. There is practical difficulty complying with the setback requirements.
FINDINGS:
The house currently has back-to-back bathrooms located at the front of the house. The
applicant would like to expand the bathrooms in order to make them both more accessible. It
seems most practical to expand forward from the two existing bathrooms to make use of
existing plumbing without substantially reconfiguring the existing floor plan.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations, which are:
a. To maintain light, air, separation for fire protection, and access for fire fighting.
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in Iowa City
neighborhoods;
d. To promote a reasonable physical relationship between buildings and
residences: and
e. Provide flexibility to site a building so it is compatible with buildings in the
vicinity.
3
FINDINGS:
• Because the proposed setback reduction is at the front of the house —toward the
street —this will not reduce light, air, or separation for fire protection or access for fire
fighting between buildings.
• For this same reason, the proposed setback reduction will not reduce privacy between
dwellings.
• The proposed setback reduction does not bring the structure closer to the abutting
properties to the east and west.
• There is no uniform setback along this street. The siting of buildings along this cul-de-
sac is influenced by the steep topography. Many houses, including the subject house,
are sit at a lower elevation than the street,
• it is unlikely that sidewalks will be established along this street; reducing the setback to
14 feet for the proposed would allow space for the addition and still provide adequate
space for privacy from the street, especially giving the elevation of the house relative to
the street.
4. Any potential negative effects resulting from the setback exception are mitigated to
the extent practical.
FINDINGS: The proposed addition is somewhat unconventional in that it takes a traditional
ranch -style house and eliminates windows to the gabled addition. This result is that the front
of the house looks somewhat more typical of the rear of the house. Staff believes this could
be addressed by including appropriate windows (e.g. existing clerestory windows) along the
front face of the addition.
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.
FINDING: Reducing the setback as proposed will not extend the building toward the side
property into the required 5-foot side setback.
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.
FINDING: The proposed addition is modest in scale and will not encroach into areas with steep
slopes nor will it impede views for vehicles backing out of the driveway.
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.
FINDING: The proposed reduction does not bring the property closer to abutting properties to the
east or west.
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.
FINDING: All other properties are fully developed. While it is unlikely that sidewalks will be
installed along this street, the reduced setback will not impede the installation of sidewalks or
other improvements to the street or streetscape.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS: All utilities and drainage for the property are already provided, with the exception of
public sidewalk. Given the curved, cul-de-sac street design, low traffic volume, lack of sidewalks
on adjacent properties, and topography of the area, the City does not believe sidewalks should
be required at this time.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
FINDING: The proposed addition will not generate additional traffic and will no impact on
ingress or egress from the site.
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.
FINDING: All other aspects of the proposal not specifically reviewed as part of this application,
must be in compliance with the zoning code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDING: The Comprehensive Plan does not address this issue other than to encourage re-
investment in existing homes and neighborhoods.
STAFF RECOMMENDATION:
Staff recommends that EXC16-00007, approval of a special exception seeking to reduce the
front principal setback allow a 10 x 17 foot home addition for property located in the Low -
Density Single -Family (RS-5) zone at 9 Forest Glen, subject to the following conditions:
• Substantial compliance with the floor plan submitted.
• Inclusion of windows on the front face of the home addition —one per bathroom.
ATTACHMENTS:
1. Location map
2. Aerial views of the proposed location.
3. Floor plans and elevation
4. Application materials
Approved by: 7 ✓4 /
John Yapp, Development Se ices oordinator
Department of Neighborhood and Development Services
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 2S ,A.f 6 201(, PROPERTY PARCEL NO.
PROPERTY ADDRESS: _!Z AOees %
PROPERTYZONE:
PROPERTY LOT SIZE: 0 2G, AG
APPLICANT: Name: _ MAP-l4 B 61L GNr<K
Address: q FrOeES'T• G L&N
Phone: 3Iq— 3 ?10 —7 % 7
CONTACT PERSON: Name:
(if other than applicant)
Address:
Phone:30-73/7 '
PROPERTY OWNER: Name: MAP—x 'yzApr'deLe,l
(if other than applicant)
Address: 4 L&T)
Phone:_3%g--.3ac --7-3/7
N
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Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 366-6239 or e-mail serah-walz@iowa-city.org.
Purpose for special exception: rG A PP 1cf-V 1-bWPI CAPPEr7
Date of previous application or appeal filed, if any;
S. b.
1. The existing bathrooms are located at the front of the house. To make them handicapped accessible
they need to be enlarged. Currently the doors are only twenty (23) inches wide. Towards the street is
the only practical way to enlarge them.
2. Using the existing plumbing piping is the most practical way to enlarge the bathrooms. They will
extend from the house into the front yard only ten feet and be fully contained in the yard. The slope of
the yard will place the addition roof almost level with Forest Glen. Additionally the trees and shrubs will
prevent visual impact. The yard will be landscaped to provide proper watershed.
3. The addition will increase privacy to the home and neighbors by moving the windows away from the
street side.
4. No negative effects known, there will still be access for the rear of the lot for public services such as
firefighting and police as needed.
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STAFF REPORT
To: Board of Adjustment
Item: EXC16-00009
2221 Rochester Avenue
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: October 12, 2016
Applicant: Tom Streb
3302 Pheasant Court NE
North Liberty, IA 52317
Contact: Duane Musser
MMS Consultants
1917 Gilbert Street
Iowa City, IA 52240
Property Owner: ND Real Estate LLC
3302 Pheasant Court NE
North Liberty, IA 52317
Requested Action: Special exception to allow expansion of an existing
Quick Vehicle Servicing use (gas station).
Location: 2221 Rochester Avenue
Size: 0.67 acres
Existing Land Use and Zoning: Gas station/ convenience store; Neighborhood
Commercial (CN-1)
Surrounding Land Use and Zoning: North: Educational institution and single-family
residential; RS-5
South: Medical Office; CN-1
East: Commercial- Personal Service (bank); CN-1
West: Medical Office; CN-1
Applicable code sections: 14-4B-3A, (General Criteria); 14-4B-4B-12 regarding
Quick Vehicle Servicing uses in the CNA zone
File Date: September 16, 2016
BACKGROUND:
The subject property is located in the Neighborhood Commercial (CN-1) zone west of the
intersection of Rochester and First Avenues. It is part of a comer commercial area that
serves the surrounding neighborhoods in north east Iowa City and includes a grocery store,
gas station/convenience store, medical offices, and a number of other small businesses.
P1
As stated in the zoning code, the purpose of the Neighborhood Commercial zone is to
promote a unified grouping of small-scale retail sales and personal service uses in a
neighborhood shopping area; encourage neighborhood shopping areas that are
conveniently located and that primarily serve nearby residential neighborhoods; promote
pedestrian -oriented development at an intensity that is compatible with surrounding
residential areas; and promote principles of site design building articulation, scale and
proportion that are typical of traditional main street design. Allowed uses are restricted in
size to promote smaller, neighborhood serving businesses and to limit adverse impacts on
nearby residential areas.
The applicant is seeking a special exception to allow the expansion of the Quick Vehicle
Servicing use in the Neighborhood Commercial (CN-1) zone. Quick vehicle servicing uses
provide direct services for motor vehicles where the driver generally waits in the car or on
site before and while the service is performed. This classification includes full -serve and
mini -serve gas stations.
The applicant is proposing to add one additional gas pump; there are currently two gas
pumps present. The applicant will also add a new canopy over the pump area. The current
canopy is approximately 50 feet in length. The new canopy will be 86 feet in length. The
additional pumping station will allow 6 vehicles to access the pumping area simultaneously.
To accommodate the expanding pumping area, the applicant will modify a portion of the
existing parking area.
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 14-4B-4B-12 pertaining to Quick
Vehicle Servicing uses in the CN-1 in addition to the general approval criteria for special
exceptions as set forth in Section 14-4B-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 (14-4134E-5).
12. Quick Vehicle Servicing:
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and
service lanes, must be screened from the public right of way to the S2 standard and to
the S3 standard along any side or rear lot line that abuts a residential zone boundary.
FINDINGS: The subject property does not abut a residential zone. It is, however, across the
street from a residential zone —properties occupied by Regina Educational Center and a
single-family house. The submitted site plan indicates new landscaping between the parking
and service areas and Rochester Avenue, on the north side of the lot. A detailed landscaping
plan must be reviewed to determine compliance with the S2 screening standard. (The S2 is
low landscaping intended to minimize light form cars and to provide separation between
vehicle and pedestrian areas.)
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle
conflicts along abutting streets.
FINDINGS: There is space between the pumping stations and the public street for vehicles to
stack along the shared private drive and within the private parking area.
c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10')
from any street right of way. Fuel dispensing equipment must be set back at least ten
feet (10') from any street right of way and at least one hundred feet (100') from any
residential zone boundary, except in the CB-2 zone. In the CB-2 zone, fuel dispensing
equipment must be set back at least ten feet (10') from any street right of way and at
least seventy feet (70') from any residential zone boundary.
FINDINGS: The canopy is set back approximately more than 100 feet from the nearest
residentially zoned properties: More than 120 feet from property to the north (Regina) and
more than 140 feet from the residential property to the west.
d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting
Standards", of this title.
FINDING: A lighting plan must be reviewed as part of the building permit process and must
meet Zoning Code standards.
e. In the CN-1, C13-2, and C13-5 zones, the proposed use will be designed and developed
with adequate separation and screening between vehicular use areas and adjacent
residential zones.
FINDINGS: As noted above, the site plan indicates landscape screening between the parking
area and the Rochester Avenue right-of-way. The parking and service areas are set back
more than 30 feet from the public sidewalk on Rochester Avenue.
f. In the CN-1, CB-2, and C13-5 zones, car washes may contain no more than one bay and
are permitted only if built in conjunction with another quick vehicle servicing use. The
car wash must be located adjacent to and on the same property as the other quick
vehicle servicing use and must be set back an adequate distance and screened to the
S3 standard along any side or rear lot line that abuts a residential zone boundary.
FINDING: No carwash is proposed as part of this application
g. In the CN-1 zone, no light source on the property, except for internally lit signs, shall
be higher than fifteen feet (15') above finished grade. (Ord. 13-4520, 4-9-2013)
FINDING: A lighting plan must be reviewed as part of the building permit process and all
lighting must meet current code standards.
General Standards (14-413-3)
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
As noted above, the gas pumps exceed the minimum setbacks from residential zones.
Pedestrian access is provided to the convenience store and does not cross the vehicle service
area. Bicycle parking is located to the north of the building so that bicycles do not come into
conflict with the vehicle service area. Vehicle parking within the private lot meets the zoning
code requirements for terminal islands at the end of the parking rows (this includes the
triangular raised planter at the front of the building0.
With the expansion of fuel service, the applicant will replace the two existing underground gas
tanks with two new, larger tanks. Underground storage tanks must meet Fire Code and Iowa
DNR requirements; underground storage tanks are regulated by the Iowa DNR.
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.
As noted above, the site plan shows the required S2 landscaping between the parking area
and public sidewalk.
The current site plan indicates angled loading spaces at the gas pumps. The southernmost
loading space in the service area, currently appears to extend into a parking aisle that is
shared by other properties in the commercial center. Staff recommends that the site plan be
modified to better define and separate the vehicle fueling area from the shared aisle. This may
be accomplished in one of two ways:
a. Reorient the fueling spaces to make them perpendicular rather than angled spaces; or
b. Extend the landscaped island (located west of the fueling area) to better define the edge
of the shared aisle.
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.
See general criterion # 2 above.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All utilities, access roads, drainage, etc. are 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.
Ingress and egress from the public street is along shared private drives. As noted above,
staff believes there is adequate space for cars to stack within the private parking area
for the gas station, with additional space along the shared private drive.
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.
See general criterion #2 above. Staff recommends that loading spaces for the gas pump
island be perpendicular.
The gas station/convenience store was established prior to the current CN-1 development
standards. Those standards call for buildings to be set up close to the public sidewalk with
parking located to the rear of buildings. As the building is not being expanded or
reconstructed, repositioning the building is not a consideration, thus it is not practical to come
into full compliance with the current requirements for the CN-1 zone. In this instance, the code
states that development must meet the development standards to the extent possible. The
proposed site plan shows landscape screening in compliance with the zoning code
requirements along with relocation of bicycle parking to a more convenient location that is not
in conflict with the vehicle use area. All other elements of the parking area are in compliance
with the code standard.
The addition of third gas pump does result in a smaller landscaped area (including removal of
a tree) at the west edge of the property —the area between the fueling area and the shared
private drive. Staff recommends that this remaining landscaped island be designed with S2
landscape screening to better define the drive and to minimize the appearance of the large
parking area, which is the intent of the CNA zone. (Note the commercial property to the west
has created a landscaped edge to define the private drive.)
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan identifies this location as appropriate for Neighborhood
Commercial.
STAFF RECOMMENDATION: Staff recommends approval of EXC16-00009, a special exception
to allow the expansion of the Quick Vehicle Servicing Use in the Neighborhood Commercial (CN-
1) zone at 2221 Rochester Avenue, subject to the following condition:
• Substantial compliance with the site plan submitted with the following alternations:
Staff approval of a detailed S2 landscaping plan for areas to the north and west
of the parking and vehicle fueling area.
Modification of the fueling stalls or landscaped island to better define and
separate the shared aisle from the fueling area.
ATTACHMENTS:
1. Location map
2. Aerial views of the location and existing development.
3. Proposed site plan
4. Application materials
Approved by: —7 WAI� /
John Yapp, Coordinator
Department of Neighborhood and Development Services
A1ONE EXC16-00009
s 2221 Rochester Avenue
0 0.00750.015 0.03 Miles
Prepared By: Marti Wo
I 1 I 1 I Date Prepared: Sept 2
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An application SUbmittecdi m re
for a special exception to increase
fuel pumps from two to three at IL
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351412M
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SITE PLAN
AUDITORS PARCELS
DAN'S SHORT STOP
2221 Rochester Ave
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
8/24/2016
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 9/16/16 PROPERTY PARCEL NO.
PROPERTY ADDRESS: 2221 Rochester Ave.
1011185001
PROPERTY ZONE: CN 1 PROPERTY LOT SIZE:.67 acres
APPLICANT: Name: Tom Streb
Address: 3302 Pheasant Court NE, North Liberty, IA 52317
Phone: 319-626-3797
CONTACT PERSON: Name: Duane Musser/MMS Consultants, Inc.
(if other than applicant)
Address: 1917 S. Gilbert Street, Iowa City, IA 52240
Phone: 319-351-8282
PROPERTY OWNER: Name: ND Real Estate LLC
(if other than applicant) Address: 3302 Pheasant Court NE, North Liberty, IA 52317
Phone: 319-626-3797
Speck Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seekirG If you
cannot find this information or do not know which section of the code to.look please
contact Sarah Walz at 356-5239 or e-mail sarah-waiz(jowa-cityorg.
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Purpose for special exception: Request to increase fuel pumps
three.
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Date of previous application or a N/A
p pp appeal filed, if any:
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO, BE PROVIDED By APPLICANT:
A. Legal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowaciiy.iowaassessors.com/
or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (i.e., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14-4B-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa-
city.org. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustma
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
f. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The addition of a third fuel pump will not be detrimental to the public. The site
currently has two existing fuel pumps. Adding a third pump will not be a
significant change.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The use is currently a convenience store with two pumps. The additional third
pump will not be a noticeable change to the neighboring properties, nor diminish
or impair property values.
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 district in which such property is located.
The surrounding area is already fully developed under the Neighborhood
Commercial zoning.
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4. Adequate utilities, access roads, drainage and/or necessary'rtacilties vgve
been or are being provided. _
All of the utilities and access points are existing. No new utilities and a6-dess
points are required with the addition of the third pump. s-�
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
All access points are existing and adequate for the proposed additional fuel
pump. Existing parking is proposed to be removed and a landscape island will
be added to improve vehicular movements and pedestrian safety.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-4B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
All other standards are currently being met. The applicant is proposing to add a
bike rack, parking lot coverage trees, and landscape berm to the site as part of
this application. The dumpster will also be relocated and screened.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The proposed use is consistent with the comprehensive plan.
-5-
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
See attached.
See plat for legal description.
ADDRESS
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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 an 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 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C•1E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-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: 9/16/16 20 _ Tom Streb
Signature(s) ofApplicant(s)
Date: 20
Signature(s) of Property Owner(s)
If Different than Applicant(s)
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