HomeMy WebLinkAbout1982-01-05 Bd Comm minutesI
IOWA CITY MUNICIPAL AIRPORT COMMISSION
Iowa City Civic Center
December 10, 1981
Members Present: Redick, Dieterle, George, Phipps
Member Absent: Saeugling
Staff Present: Zehr, Brown, Wright
Guests Present: Elizabeth Zima, Joann Neuzil, Jeff McLaughlin, John Morrissey
Chairperson Redick called the meeting to order at 7:35 p.m. The minutes of
the November 12, 1981, meeting were considered. Redick said the minutes were
incomplete and suggested the following addition:
"Chairperson Redick strongly objected to the fact that L. R. Kimball and
Associates has not included in any part of the Environmental Impact
Assessment Report, nor in the last draft of the airport layout maps,
any reference to the displaced threshold on Runway 17, which is to
accompany the lengthening of Runway 6/24."
The addition was accepted and the minutes were approved as corrected.
Manager Zehr presented the bills for the month and explained them briefly. The
bills were approved for payment.
Zehr distributed copies of the lease agreement for the United Hangar office
space, and introduced Joann Neuzil, representing Agricultural Research and
Information Services, which occupies the premises. Mrs. Neuzil asked for help
from the Commission in improving the driveway in front of the office, and
pointed out that the building seems to be inadequately wired and heated. It was
noted that the lease holds the rentor responsible for maintaining the driveway.
The rent for November is overdue and Mrs. Neuzil asked for forebearance until
after January 1, 1982, when she will be able to pay the rent. It was decided
to investigate the wiring and heating and wait until the January meeting to
make further decisions regarding the lease.
Zehr distributed copies of a revised proposed budget for FY '83, which reflects
the limitation of only an eight percent increase imposed by the city. The
limitation will necessitate a reduction of $110,000 in the overall budget.
Zehr explained the items which he recommended be eliminated, and the commission
agreed to submit the revised budget to the city for approval.
Zehr reported the harvest from the airport farm land was plentiful this year,
and the profit substantial. The lease with Tom Williams for farming the land
again next year was signed.
Attorney Brown reported arrangements have been made to negotiate the rental rates
with the Iowa City Flying Service.
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Iowa City Municipal Airport Commission page 2 ,I
December 10, 1981
Regarding the Airport Master Plan, Zehr reported a few more changes will be
made in the airport layout maps, and they should be ready for consideration at 7
the January meeting.
The chairman had no report, and there was minimal discussion from the public
and commission members.
Dieterle moved to go into executive session for discussion of pending litigation; 1 -
second by Phipps; all members present voted aye. The guests left the room and i
the doors were closed. Following the executive session, the doors were opened. ! -!
The meeting was adjourned at 9:10 p.m.
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Recorder: Priscilla Wright i
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PARKS AND RECREATION COMMISSION
RECREATION CENTER, ROOM B
DECEMBER 2, 1981
MEMBERS Berry, Crum, Dean, Hillman, Humbert, Mitchell, Riddle
MEMBER_ S ABSENT: Wooldrik
STAFF PRESENT: Showalter, Lee, Howell, Christner
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GUESTS PRESENT: Anne Glenister, Project GREEN
j RECOMMENDATIONS TO THE CITY COUNCIL
None
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN
Moved by Crum, seconded by Humbert that the November 4 minutes be approved as
written. Unanimous.
The proposed five-year capital improvement projects were discussed briefly.
It appears that there will not be funds available for the Parks and Recreation
Projects for FY83, which include the purchase of land at the east end of Aber
Avenue for a park, Miller Park, and a restroom at Napoleon Park. Showalter has
recommended the Napoleon building to Berlin as a possible service club project.
Showalter mentioned the budget cuts as recommended by the finance director.
Most of the cuts were from utilities; part-time employees at the Recreation
Center were cut back to the same level as FY82.
COMMITTEE REPORTS
Hillman had no report from the Ralston Creek Committee.
Humbert reported that the Riverfront Commission had voted to table the City Park
boat ramp project indefinitely. They are also planning to put out an educa-
tional brochure about soil erosion alongthe river, and distribute it to property
owners in appropriate areas.
CHAIR REPORT
The January 13 meeting will be in the City Manager's Conference Room beginning
at 1:00 p.m. to discuss budgets. We will then come back to the Recreation
Center for our regular meeting.
DIRECTOR'S REPORT
No report.
Hillman asked about the Recreation Center rule which prohibits persons from
being registered for two sections of the same class. She desired to sign up
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MINUTES
RESOURCES CONSERVATION COMMISSION
DECEMBER 7, 1961 7:00 P.M.
CIVIC CENTER LAW LIBRARY
MEMBERS PRESENT: Gartland, Hamilton, Hotka, Sanders, Schwab, Sheehan.
MEMBERS ABSENT: Fett.
STAFF PRESENT: Perucca, Tinklenberg.
RECOMMENDATIONS TO THE CITY COUNCIL:
None.
REQUESTS TO THE CITY MANAGER:
None.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
Chair Sanders called the meeting to order. The minutes of November
16 were approved as read.
Street Signal System
Action was deferred until cost and liability questions are answered
by the City staff.
Enerny Fair
Hotka reported that Fort Dodge sold booth space to pay for mailing,
advertising, and booth divider rental. The Fort Dodge energy fair
had about 100 booths in an indoor shopping mall. The fair was a
success because of a large amount of volunteer labor and the active
promotion by the mayor.
There was some discussion of holding an energy fair in September or
October of next year and tie it into the Press -Citizen's energy
supplement in the fall.
Hamilton moved, Sheehan seconded, that the RCC prepare a report on
energy use in Iowa City, for presentation to the City Council, to be
completed by the end of January. Approved unanimously.
The RCC will hold its next meeting on January 7 to work on the energy
use report alone.
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Resources Conservation Commission
December 7, 1981
Page 2
Subdivision Ordinance
Sheehan and Perucca will meet during the holidays to draft a proposal
based on the Port Arthur subdivision ordinance.
Iowa -Illinois Gas & Electric Franchise
The RCC deferred this item until work on the energy use report is
finished.
Other Business
Sanders requested that the RCC select a new Chair to replace him by
the next meeting.
The meeting adjourned at 8:30 P.M.
Respectfully submitted, Roger Tinklenberg.
Pat Fett, Secretary.
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BOARD OF ADJUSTMENT
DECEMBER 9, 1981 4:30 PM
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Vanderhoef, Harris, Milligan, Barker
MEMBERS ABSENT: None
STAFF PRESENT: Boothroy, Franklin, Jansen, Siders, Behrman
FORMAL ACTION TAKEN:
V-8118. The application submitted by Home Town Dairies, Inc. for a variance to
Section 8.10.23 of the Code of Ordinances to allow expansion of their existing
facility into the required yards was granted.
V-8121. The application submitted by James Clark and Ralston Creek Village
Apartments, Ltd., for a special use permit to allow parking within 10 meters of
the Ralston Creek bank (Sec. 8.10.02.12D.3) was granted subject to the following
conditions: 1) notice of the possible flooding dangers be described in detail
in the leases, 2) signs describing the potential hazard be posted in the parking
lot, and 3) a warning system to alert residents of the buildings be installed
and operated.
V-8122. The application submitted by Marcie Roggow for a variance to Section
8.10.25G of the Code of Ordinances to reduce the minimum required parking spaces
from 15 to 8 spaces and to vary the access requirements was approved subject to
the, following conditions: 1) one stop sign be posted as the drive enters Linn
Street, '2) a maximum of 5 spaces be allowed; of .those 4 spaces shall be
perpendicular to Linn Street and one space shall be in the drive perpendicular
to the entrance from Burlington Street and 3) that the entrance from Burlington
Street be posted as an entrance only.
RECOMMENDATIONS TO CITY COUNCIL:
None.
SUMMARY OF DISCUSSION:
Harris called the meeting to order. Harris outlined the procedure to be
followed by the Board of Adjustment.
VARIANCE ITEMS:
V-8118. Public hearing on an application submitted by Home Town Dairies, Inc.,
for a variance to Section 8.10.23 of the Code of Ordinances to allow the
expansion of their existing facility into the required yards.
Franklin reviewed the proposed expansion plans of Home Town Dairies, Inc.,
stating that at the last meeting, this item was deferred so that the applicant
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December 9, 1981
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could provide more information on the internal workings of the plant. Harris
asked if the entire site was in a CH zone to which Franklin replied yes. Harris
asked Meggitt, plant manager of Home Town Dairies, Inc. to explain the diagram
of the plants' interior.
William Meardon, Attorney for the applicant, stated that he had the diagram as
requested by the Chair. Meardon asked if this hearing was an adjourned hearing,
stating that while expert information was available on the matter requested at
the last meeting, he did not intend to present all the information again as if
the last hearing had not been held. Harris agreed that this was an adjourned
hearing. Meardon requested a roll call of the members, Boothroy called the
roll.
The diagram was marked as Exhibit A for purposes of distinction from those
submitted at the last hearing. Meardon asked Meggitt to come forward to answer
questions about the diagram, which showed the location of the existing structure
and various items within that structure. Meggitt described what necessitated
the proposed configuration of the expansion: 3 steam generators, a large motor
compressor, and an electrical panel. Meggitt outlined the present cooler
system. Barker asked if there was any other place to access the present system,
other than as the proposed plans showed, that would not incur a great expense.
Meggitt said no; Barker said that this is the hardship described at the last
hearing. Meggitt replied that this size cooler is needed for the amount of
product being produced. Vanderhoef asked if the expansion was needed for the
current product and not for an increase in production. Meggitt said that was•
correct. Meardon stated that an expert was available to explain why the cooler
system needed to be located as proposed and not elsewhere.
Barker moved for a short recess to allow staff to make a transparency of the
diagram. Milligan seconded. The meeting recessed at 4:45 PM and began again at
4:57 PM.
Meardon asked Meggitt to verify and describe on the diagram the locations of
various streets, external structures, and several items inside the structure.
The Board was satisfied with the description of the existing facility.
G. Robert Johnson, an architect/engineer from Glenview, Illinois, gave expert
information on the lack of alternatives facing the Dairy. Johnson stated that
his specialty was designing and engineering facilities for food and dairy
companies.
Johnson stated that he had been retained to assess the needs and requirements
for improvements in Home Town Dairies, Inc. facilities since 1978. Meardon
asked Johnson several questions concerning Mr. Johnson's familiarity with the
dairy and its needs. Meardon wondered if it was possible to move the building 40
feet to the northwest and accomplish the purpose requested by the the Board of
Health. Johnson stated that that would not be an acceptable solution because it
would not permit the dairy to obtain the necessary space needed. Meardon asked
if the entire space was needed to comply with health and sanitary inspection.
Johnson said yes, that the proposed plans allowed the absolute minimum space
needed. When asked about the possibility of moving the cooler unit to some other
place on the site, Johnson replied that he had studied a variety of possible
alternatives and the proposed plans had the only possible location which would
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solve the particular problems as presented by the Dairy. This decision was
based on operational as well as the economic feasibility of the plan.
Harris wondered how Johnson had arrived at the needed square footage estimate.
Johnson briefly explained that one analyzed production volumes to determine the
amount of square footage needed to handle the product.
Johnson stated that cold storage and loading facilities needed to be located in
such a way as to keep the product unexposed to the elements. Johnson stated that
he had estimated that cold storage could use approximately 19,000 square feet
and the proposed plans had been scaled down to 9,000 square feet after careful
study.
Harris asked if it was unworkable to have 2 -level storage to which Johnson
replied yes. Harris asked if the required amount of square footage was a
function of the mode of operations to which Johnson replied yes. Milligan asked
if the amount of space involved was somewhat less than it would be if space was
not constrained. Johnson said yes, as the 19,000 sq. footage estimate could be
easily justified. Milligan stated that the issue is the location of the
structure on the lot and that Johnson had stated that there was no other
suitable configuration. Johnson affirmed. Harris asked if the distance between
the boundary line adjacent to St. Clements Street and the loading dock - 61
feet - was sufficient to handle tractor trailers when backed into position.
Johnson said yes, and the trailer would be off the right of way.
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Vanderhoef asked if the Dairy's capacity would be increased if the proposed
structure was built. Johnson said he could not answer that question unless data
was studied, but considering that the original projection was 19,000 square feet
needed and the present plans called for 1/2 of that, all that should be taken
care of is the present volume with little if any room for expansion.
Vanderhoef asked what would be the cost of moving the entire facility to some
other location, Johnson estimated it would cost between $8 and $8.5 million.
Vanderhoef asked if the proposed structure was not constructed, would that
result in the plant's closing. Johnson said definitelyyes. Vanderhoef asked
if there was any solution to -the noise generated by the storage trucks and
Johnson said no.
Harris asked if anyone was present to speak in opposition to the variance.
Anthony Frey, 19 Caroline Court, spoke in opposition to the item and presented a
petition from 45 neighbors of the dairy. Frey outlined his educational
background as a chemical engineer. Frey expressed concern over the noise in the
area. Frey outlined the real estate purchasing history of the dairy to indicate
the change from a small commercial enterprise to a large scale one.
L Andrew Isserman, 9 Caroline Ct., spoke in opposition to the item, stating his
background in urban and regional planning. Isserman presented evidence that the
dairy was a non-confrming use because it belonged in a light or heavy industrial
zone, and not commercial highway. Isserman referred to the Standard Industrial
Classification Code of the U. -S. and several other reference works to
substantiate his claim that the dairy was a manufacturing activity and not a
creamery and, as such, was a non -conforming use in a commercial zone bordering a
residential zone.
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Bonnie Kriz, 1232 and 1122 St. Clements Street, spoke in opposition to the item,
stating traffic as the greatest danger to the neighborhood. Kriz stated that
while the noise was not her greatest concern, the tractor trailer drivers were
often reckless and if the new facility was approved, the trucks might start
backing up St. Clements Street to maneuver into posittion.
Andrew Isserman clarified the lack of noise to Kriz, who lived closer to the
dairy than he did, stating that the ravine now sheltered Kriz's house from noise
but the new addition might serve as a reflector of sound.
Harris asked legal counsel how best to proceed with the issue raised of non-
conforming use.
Jansen stated that he had done some background checking of the procedural
aspects and the question before the Board was the denial of the application for
building permit on the basis of the side and front yard requirements. Jansen
stated that the Board should not. be concerned with the question. of conforming or
non -conforming use.
Andrew Isserman spoke, requesting that the hearing be adjourned on the basis
that an appeal would be filed arguing that the dairy was a non -conforming use.
The issue of whether an appeal could be filed prior to a decision by the Board
was debated. Jansen ruled that the application for variance had been filed and
the basis for the variance was the issue. Harris stated that the issuance of any
building permit would signal that the City found the dairy to be a conforming
use and after that point, an appeal could be filed.
Bill Gerhard, 1109 Prairie du Chien, requested a continuance of the hearing in
order to ascertain whether the dairy was a continuing use. Harris again
explained the proper procedure for filing an appeal.
Bea Davis, 707 Kimball Ave., expressed annoyance at both the fact that the dairy
had a reputation as an annoyance in the neighborhood and the neighbors had to go
through the whole process again with an appeal.
Anthony Frey, 19 Caroline Ct., clarified the original record of the purchase of
the property stating that in Book 172, p. 132 dated 1940, is record of deed of
transfer. Frey wondred if a building permit issued in the early 70's for an
addition to the dairy constituted grounds for appeal. Harris again stated that
the issue of conforming or nonconforming use was not before the Board.
Milligan stated that the neighbors greatest objection was to the greater
nuisance which would be present should the dairy expand. Milligan asked of the
applicant whether the nuisance would be alleviated or increased by the
expansion.
Meggitt stated that while, conditions would not be worse, they could possibly
become better with traffic taken away from the front of the dairy. Barker
wondered if spillage would be better contained under the proposed storage
system. Meggitt explained that the new facility would provide a sanitary sewer
connection at the docks edge and runoff will be better contained than at
present.
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Board of Adjustment
December 9, 1981
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Bea Davis spoke again, stating that moving the noise to the back of the dairy
would mean more noise for the residents and less noise on Dodge Street.
Bill Gerhard spoke again, requesting more information on the issue of degrading
the milk. Gerhard wondered if the Health Department thought all of the 9,000
square footage was necessary.
Marvin Klahn, 1154 E. Court, Johnson County Department of Health, stated that it
was his recommendation that these problems needed to be alleviated or the dairy
would lose its' interstate shippers license. Klahn stated that he could not say
if the proposed facility was large enough to do the job, but at least it would
keep the product in the confines of the coolers.
Barker asked if Klahn had had a chance to study the proposed plan. Klahn replied
that while he had not seen the plan, he was familiar with where the proposed
facility would go as he had been in the dairy.
Kriz expressed concern over the handling of the private citizens problem
compared to a large business' dilemma.
Isserman asked Klahn if the same requirements for an interstate shippers license
applied to in-state as well. Klahn said yes.
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Johnson, in answer to the 9,000 square.footage minimum, plus or minus, explained
that if a dairy could operate their schedule so that all products went
immediately on the trucks, the diary would not need cold storage. But as that
was not possible, Johnson stated that this was the minimum of space which could
do the job.
Ames questioned the proposed size of the facility and wondered if granting the
variance could give free run to the builders. Harris stated that while a
variance could have conditions attached, the'issue before the Board was the
violation of yard requirements.
Isserman stated that the applicant had not shown sufficient hardship as they
have not considered redesigning the present property. i
Harris stated that the configuration of the building is not an acute issue but
rather the scale of operation as it presently existed. Harris stated his
support for the variance.
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Barker expressed his support, stating that while the proposed addition is, in
the opinion of the designer, somewhat less than 50% of the ideal, it would
handle the existing capacity of the dairy. This would allow them to stay in
business thus avoiding unnecessary hardships. With regard to the public
interest, Barker stated that truckers have a right to drive over public streets
to and from the property, the product would be handled more healthfully and
spillage would be contained. Barker said that the intent of the statute was to
provide adequate setback to allow visibility and the proposed adjoining building
would not create a direct visual impediment but add to an existing one.
Barker moved that the requested variance (for a distance of 100 feet immediately
north of the easterly portion of the building) to allow construction within 3
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Board of Adjustment
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feet of the right-of-way of St. Clements Street, immediately north of the
existing facility, and to allow construction of the rear portion of the building
within the required side yard be granted subject to. the requirement that
adequate facilities be incorporated in the new loading dock to confine and drain
into the sewage system all spillage in the area. Vanderhoef seonded.
Milligan expressed concern with the noise problem and Johnson stated that
possibly the situation would improve depending on scheduling.
Frey stated his opinion as an engineer that the walls of the proposed building
would reflect to the north and increase noise in the residential area.
The motion to grant the variance passed unanimously. Harris explained that the
30 -day appeal period would begin with the time of filing this opinion. Harris
called for a five minute recess.
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The meeting was called back to order at 6:58 PM.
V-8121. Public hearing on an application submitted by James Clark and Ralston
Creek Village Apartments, Ltd., for a special use permit to allow parking within
10 meters of the Ralston Creek bank (Section 8.10.02.12D.3).
Franklin outlined the location for the proposed apartments, stating that the
parking spaces in question would be placed along Ralston Creek, Harris asked if
this was the same plan as had come before the Board 2 years ago. Franklin stated
that essentially it was the same plan although the number of units had decreased
from 72 to 60. Although the number of parking spaces had decreased, some
required spaces were still in the floodplain area.. Franklin explained that the
Board had the power to approve or. disapprove parking within 10 meters of the
Creek.
Franklin indicated the projected height of the flood waters during the 10 -year
and 100 -year floods. The probability that materials (in this case automobiles)
may be swept downstream to the injury of others was the major reason behind the
staff's recommendation to deny the variance.
Joe Holland, attorney for the applicant, spoke in favor of the project, stating
that this property would be put to the best and highest use as rental property.
Holland stated that the proposed plans would be a good addition to the Citys'
tax base and improve the aesthetics of the area. With regard to the City sewer
beneath the property, Holland stated that the developer will pay 1/2 of the cost
to relocate the sewer. Holland stated that a mathematical error had been made
in calculating the height of the flood waters, and in addition, the staff had
not taken into account the proposed building of the North Branch Dam Retention
area which will have a significant impact on the project. Holland said that
S.W. Wiitala, of Shive-Hattery had calculated water level and velocity in the
event of a flood, and determined that at a calculated depth of 2.5 feet, with a
velocity of 3.27 mph would not be sufficient to carry a vehicle downstream.
Holland stated that while flooding could occur in the future, it was the
applicant's intent to make negligible the minimum risk. The apartment dwellings
are in no danger; all that is concerned is the parking. Holland discussed at
length the various types of warning systems that could be installed to warn the
residents to move their vehicles in case of flood. Holland said that plans
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called for warning signs to be posted on light poles in the parking area to warn
residents and that a manual for residents explaining the danger and what to do
should it arise would be distributed to tenants.
Harris asked Holland to be specific about plans for the warning system and
signage. Holland said that no plans had been finalized and the applicant was
willing to have input from the area subjectnd said toflooding tafter the signs would
probably read "warning - parking
extremely hard rains" but there was some confusion as to whether the Design
Review Committee or the Board of Adjustment could decide on signage. Andrea
Hauer, staff liaison with the Design Review Committee, stated that no signage
had ted
been submitted to
signage would be
in the purview of n Review o the Board tee nof Adjustment, se thered the Committee had was
thats was
no conflict.
S.W. Wiitalla, Shive-Hattery & Associates, statedi that the information
presented by Holland was accurate. Harris asked if anything had changed since
Wiitalla's memo of 1979. Wiitalla stated that the memo was still essentially
the same although the building ofithe North Branch
chaDetentionin Reservoir
ting it should
alleviate flooding considerably.
depth and velocity, he had determined that an automobile should not be swept
downstream.
Steve Price, 328 S. Dodge, spoke against this item on behalf of an environmental
group in the City. Price expressed concern over the possible increased flooding
brought about by blacktopping the parking area. Price reminded the members that
the North Branch Dam was still not completed. Price expressed alarm at the
potential problem of 60 or so people rushing around to move their cars out of an
impending flood and wondered about false alarms.
Holland stated that there was no indicator that this property would be subject
to frequent flooding. Harris stated his difficulty in evaluating the magnitude
of risk. Barker stated that the Board was obliged to decide this matter based on
what had been presented. The Board had been presented with evidence that
automobiles would not be swept away and Barker pointed out that the City owned
parking on the floodplain.
Barker moved that the special use permit be granted subject to the following
conditions: 1) notice on the possible flooding dangers be described in detail
in the leases, 2) signs describing the potential hazard be posted in the parking
lot and operated. Vanderhoef sebuilding
c nded. Them tion passed un nimouslybe installed and
V-8122. Public hearing on application submitted by Marcie Roggow for a variance
Uo —Section 0 of the Code of
parking spaces from Ordinances c
15 to 8 spaces and tovary the accessrequirements. required
Franklin explained that off-street parking in a CB zone was not allowed although
the City Council could approve it under certain conditions. The staff
recommended denial on the grounds that the intent of the statute was to avoid
situations where numerous parking facilities downtown created the potential for
accidents. Franklin also referred to the statement issued by Chuck Schmadeke,
Director of Public Works, and James Brachtel, Traffic Engineer, about the
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potentially hazardous condition that would exist if vehicles were allowed to
back out of a parking facility, such as the one being proposed by the applicant,
into the flow of traffic on an arterial or collector street. Franklin stated
that unnecessary hardship could not be shown as a parking ramp was directly
across from the property and a park and shop arrangement could be worked out.
Robert Downer, attorney for the applicant, discussed the background for the need
for the variance, stating that the first issue of a problem with parking was
raised during the application process for industrial revenue bonds. Downer
arking facility applied to this property.
questioned the definition of a p
Downer stated that a survey of the downtown business district had been done and
on-site parking was permitted in many locations and the 15 space minimum was not
followed (e.g. Quik Trip, Bushnell's Turtle, Iowa City Press Citizen). Downer
stated that no one was present to object to the application. Downer argued that
substantial hardships were created by the extent to which the matter had
i progressed before the issue of parking arose.
Franklin stated that the service station on the site had had drive-through
traffic and the proposed plans would warrant backing into traffic flow.
Franklin stated that the plans would require IDOT approval for curb cuts.
Franklin clarified that the Board was being asked to vary access requirements
and waive the posting of signs at exits and entrances, in addition to reducing
the minimum spaces.
Siders stated that the building inspection staff did not consider the proposed
off-street parking to be a parking facility but rather that parking was an
"accessory use" and permitted in a CB zone. Boothroy indicated that the Code
stated (8.10.26A.4) private off-street parking facilities were an exception to
the permissible accessory uses and could only be granted by the City Council.
The issue of accessory use versus primary use was debated. Boothroy stated that
the intent of the ordinance was to not permit off-street parking unless a
minimum of 15 spaces could be provided and then only -if certain criteria are
met'. Siders stated that the building officials had been delegated to interpret
and enforce the code. Downer emphasized that at no point has his client
conceded that this was a parking facility. Downer stated that substanial
hardships would be faced should the request be denied. Vanderhoef stated that
the initial plan had a better chance of being approved than the proposed plan
and Harris wondered if just 5 spaces could be approved instead of the requested
8.
Marcie Roggow,.304 E. Burlington, stated that she had originally applied for
four spaces but 8 spaces had been applied for to meet the 50% reduction
authority of the Board.
Harris stated that he felt the Board of Adjustment could vary the parking
requirement and the City could not restrict the Board in the case of a variance.
Sections 8.10.28H1d of the City Code and 414.12.3 of the State Code were
consulted.
Jansen wondered if granting 5 spaces would eliminate the need for backing into
Burlington. Downer said yes. The members discussed the confusion in
interpreting the Code and Jansen stated that the section of the Code appealed to
was a bureaucratic mess.
141CROFILMED BY
j JOR M" MIC R#L/l B-
CEDAR RARIOS • DES MOINES
I I
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_y
Board of Adjustment
December 9, 1981
Page 9
Milligan moved that the variance be granted subject to the following conditions:
1) one stop sign be posted as the driveway enters Linn Street, 2) a maximum of 5
spaces be allowed; of those, 4 spaces shall be perpendicular to Linn Street and
one space shall be in the drive perpendicular to the entrance from Burlington
Street, and 3) that the entrance from Burlington Street be posted as an entrance
only. Vanderhoef seconded. The motion passed unanimously with Barker
abstaining.
The minutes of September 23, 1981 were approved as amended:
Page 2, paragraph 5, last sentence - "a continuation of a non -conforming
use."
The minutes of October 22, 1981 were approved as amended:
Page 2, paragraph 1 - omit "because it was an item which fell under the
jurisdiction of the Planning and Zoning Commission."
The minutes of November 18, 1981 were approved as amended:
Page 2, question 7 - "Harris said that he had no knowledge of an inventory
of non-comforming buildings."
Page 5, paragraph 5 - Harris asked Woito to consult Section 8.10.12 of the
Code regarding the definition of permitted uses in CH districts.
Page 5, last paragraph, last sentence - Siders again explained that the
nonconforming status stems from a setback from the street and that the
dairy as a use was conforming with the zoning, which was commercial
highway.
Page 6, first paragraph - a "scale" not a flat scale".
The meeting adjourned at 9:18 PM.
Taken by Sa a b rRan. ,_.,
Approved
MICROFILMED BY
i 1' 'JORM"MICR#CA B -�
II CEDAR RAPIDS • DES MOIMES I
I iI
_;o
/D
Ja
i
MINUTES
PLANNING & ZONING COMMISSION
DECEMBER 14, 1981 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Horton, Jordan, Phelan, Jacobsen, McDonald
MEMBERS ABSENT: Seward, Blum
STAFF PRESENT: Milkman, Knight, Franklin, Boothroy
RECOMMENDATIONS TO COUNCIL:
5-8119. That the amended preliminary and final LSRD plan of Cedarwood
Apartments be approved as submitted.
SUMMARY OF DISCUSSION:
Jakobsen called the meeting to order.
The minutes of November 19, 1981, were approved as submitted. Horton
moved and McDonald seconded; the vote was unanimous.
SUBDIVISION ITEMS:
5-8119. Public discussion of an application submitted by Levy, Malone &
Company for approval of the Amended Preliminary and Final LSRD Plan of
Cedarwood Apartments located at 2000 Broadway Street; 45 -day limitation
period: 12/18/81, 60 -day limitation period: 1/3/82.
Knight stated that all the deficiencies and discrepancies had been
resolved and that 'the construction plans were approved by Engineering.
Jordan moved and Phelan seconded to approve the subdivision as submitted;
the motion passed 5-0.
Formal meeting adjourned at 7:35 p.m.
Approved by: Le✓. Cu .41
Loren Horton, Secretary
i 141CROFILMED BY
1. "-JORM "MICR6LA6 J
CEDAR RAPIDS • DES MOINES
JJ