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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. J ! MICROFILMED BY � JORM MICR#LAB- l CEDAR RAPIDS • DES MD IVES I 7 I J� 114 i I � f f i 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. i Recorder: Priscilla Wright i 1 j 1 1 f 141CROFILMED BY "DORMMIC R+L AiB I CEDAR RAPIDS DES MOINES MINUTES 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 i 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 f' t 11I CROFILRED BY l- "JORM MICRlj/LAB CEDAR RAPIDS • DES MOINES - r" /J _44 i J� �r 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. iin 1 -' f IdI CAOFILMED BY 1117 J. L � 'JORM MICR CAB— l ,rl j CEDAR RAPIDS DES MOINES i / � 1 lig "v 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. micRDFILMED BY —JORM "MICR#C"A 9' ' 1 I CEDAR RAPIDS • DES MOVES I ' I � i 11 i • I , I, ti i MINUTES 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 t 141CROFILMEO BY 1_ -JOR M- MIC Rf LAB ' CEDAR RAPIDS • DES MOINES i 1119 } i i _�o J� Board of Adjustment December 9, 1981 Page 2 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 141CROFIL14ED BY 1 11. JORM MICR4LAB' j CEDAR RAPIDS • DES MOINES /U 1 _y r Board of Adjustment December 9, 1981 Page 3 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. I 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. I I4ICROFILMED BY f -JORM MICR4�LAB - j CEDAR RAPIDS • DES MOINES /b 1 J� r -. Board of Adjustment December 9, 1981 Page 4 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. MICROFILMED RY -JORM MICROLAB- j CEDAR RAPIDS • DES MOf YES U/ 7 _y i j 1 � 4 Board of Adjustment December 9, 1981 Page 5 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. • 1 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. i 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 MICROFILMED BY -"CORM MIC RfitLAB- � ) I CEDAR RAPIDS DES MDIYES r Board of Adjustment December 9, 1981 Page 6 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. i 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 j IdICROFILIdED BY JORM MICR( LA13 —� L CEDAR RAPIDS • DES MOINES i I i i 1 _y r Board of Adjustment December 9, 1981 Page 7 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 1' MIcROFILMED BY JORM MICR4�LA6 CEDAR RAPIDS • DES MOINES i 10 1 _V r Board of Adjustment December 9, 1981 Page 8 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 /00 _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