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HomeMy WebLinkAbout07-12-2017 Board of Adjustment- m r� oy CITY OF IOWA CITY IOWA CITY BOARD OF ADJUSTMENT July 12, 2017 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, July 12, 2017 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order �] 1111113iIC•i-Tl C. Consider the June 14, 2017 minutes D. Special Exception Item EX017-00005: Discussion of an application submitted by McDonald's USA LLC for a special exception to allow the expansion of a drive -through facility in the Community Commercial (CC-2) zone at 1861 Lower Muscatine Road. E. Board of Adjustment Information F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, August 9, 2017 If you will need disability -related accommodations in order to participate in this meeting, please contact Sarah Walz, Urban Planning at 319-356-5239 or at sarah-walz@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. STAFF REPORT To: Board of Adjustment Item: EXC17-00005 1861 Lower Muscatine Road GENERAL INFORMATION: Prepared by: Sarah Walz Date: July 12, 2017 Applicant: McDonald's USA LLC 1650 W 82otl Street Suite 900 Bloomington , MN 55431 Contact: Joel Jackson Bishop Engineering 3501 104`" Street Urbandale, MN 55431 515-276-0467 Property Owner: Core Sycamore Town Center LLC 1600 Dove Street Suite 450 Newport Beach, CA 92660 Requested Action: Special exception to allow a second drive -through order lane as an expansion of an existing drive - through. Location: 1681 Lower Muscatine Road Size: 14,000 square feet Existing Land Use and Zoning: Commercial eating establishment; Community Commercial (CC-2) Surrounding Land Use and Zoning: North: Commercial (CC-2) and Industrial (1-1) South: Shopping Center (CC-2) East: Shopping Center (CC-2) West: Shopping Center (CC-2) Applicable code sections: File Date: BACKGROUND: 14-4B-3A, (General Criteria) June 2, 2017 The subject property is a space within Iowa City Marketplace shopping center (formerly Sycamore Mall). The subject portion of mall property (14,000 sq. ft.) has been occupied by a McDonalds franchise for more than three decades. z The property fronts onto Lower Muscatine Road, an arterial street, and is adjacent to the intersection with Mall Drive. Both streets are designed to serve the commercial and industrial properties that define the area. Direct access to the McDonald's is from a private driveway system that serves the commercial shopping center. There are aspects of the McDonald's site that do not meet current zoning code standards. This includes the lack of a setback between the parking area and Lower Muscatine Road right-of- way; a 10-foot setback is required. The City right-of-way provides 4 feet of separation between the parking area and the sidewalk. A sidewalk along Lower Muscatine was established several years ago as part street improvement project, however a direct pedestrian access between the sidewalk and the McDonald's property is lacking. 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 14-4C-2K pertaining to Drive -Through uses in addition to the general approval criteria for special exceptions as set forth in Section 14-46-3A. 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 (14-4C-2K) a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: Access to and from the McDonald's site is from a shared driveway system that provides vehicle circulation through the shopping center. There is no driveway directly to Lower Muscatine Road, the adjacent public street from the McDonald's lot. The applicant has indicated that the redesign of the drive -through is intended to discourage cars from entering the site from the north. The includes better defining the north drive by reducing the amount of paving (currently used for parking spaces), slightly extending the north landscaped area to the rear of the building, and adding the island for the second order board (see Current Site Survey sheet 1 of 1 and sheet C2.6 for comparison). (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the 3 standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. FINDINGS: No new curb cuts are requested. As noted above the site is served by a private drive system that connects serves the entire shopping center with access provided from Lower Muscatine Road and Sycamore Street. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive - through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive -through that is to be used for pick up only and not ordering). FINDINGS: The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board. Two cars may access the order board with an additional two stacking behind before any parking spaces are blocked along the McDonald's Driveway.(See sheet C2.1) (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: The site plan materials submitted by the applicant indicate pavement markings and signage marking the drive through (see sheets C2.5 and C2.6), including drive direction. The pedestrian route across the parking area drive is marked with a 6-foot wide striped lane. b. Location: (1) In the CB-2 zone and in all subdistricts of the Riverfront Crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: The drive -through lanes are located toward the rear of the building and shopping center parking areas. Service windows are located on the south side of the building, facing away from the public street. Additional screening is provided in the landscaped area along the northwest side of the drive -through lanes. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. FINDINGS: The drive -through is located within a commercial shopping area and adjacent uses and property are commercial or industrial. While the shopping center lacks good pedestrian circulation between buildings, the submitted site plan shows a pedestrian access point from the sidewalk on Lower Muscatine. (Note: the Iowa City Marketplace shopping center is required to install a pedestrian connection with a sidewalk and crosswalks from Lower Muscatine to the main mall building to the south as part of a phased improvement plan. This project is anticipated to be complete by November of 2017.) c. Design Standards (1) To promote compatibility with surrounding development, the number of drive -through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: As noted above the McDonald's site is currently non -conforming with regard to the required parking area setbacks and screening. In order to accommodate the additional order lane, the applicant will remove 11 parking spaces along the Lower Muscatine side of the property. The applicant's site plan indicates that along the area adjacent to the drive through lanes, pavement will be removed in order to provide the required 10-foot setback from the Lower Muscatine right-of-way as well as a pedestrian connection from the public sidewalk. Within the setback the applicant must establish the landscaping screening (S2) required by code. A number of mature trees are located along the Lower Muscatine frontage of the property. Based on the site plan it appears that at least 2 of these trees will be removed in order to accommodate the necessary site work. If these trees cannot be preserved, staff recommends that they be replaced with large shade trees to satisfy the city's street tree requirement: one large tree for every 40 linear feet of frontage or one small tree for every 30 linear feet of frontage. This would likewise address the requirement for parking area trees: one small tree within 40 feet of each parking space or one large tree within 60 feet of each parking space. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. FINDINGS: As noted above, S2 screening will be provided within the required 10-foot parking area setback. This will screen the drive -through and stacking spaces from Lower Muscatine right-of-way. Other portions of the site face into the shopping center parking area. Some screening is provided in the landscaped area behind the restaurant. Order windows face into the shopping center parking area (see sheet C5.1). (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: The McDonald's provides 2 service windows and, with the approval of this special exception, 2 order lanes. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: The drive -through lanes are located toward the rear of the building and away from pedestrian areas. However, the driveway that bypasses the drive -through lane is 18 feet wide. This area is intended to be used for vehicles exiting the site and as a pull -over area for large trucks unloading at the site. Staff recommends that the pedestrian access area being expanded such that the drive does not widen out to 18 feet until cars or trucks are clear of the pedestrian route (see illustration to right). As noted above, the site is being modified to discourage vehicles from entering the site from the parking area to the north. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: A lighting plan must be reviewed by the building official and must comply with the standards in the zoning code in order for an occupancy permit to be issued. (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: As noted above, the surrounding properties and uses are commercial or industrial. Order boards and service windows are set back from the street. The submitted site plan indicates that the 10-foot setback and required landscaping can be provided between the drive - through area and the street right-of-way on Lower Muscatine Road. 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. FINDINGS: The proposed site plan provides a number of improvements that will better safeguard the public health, safety, comfort, and general welfare. These include the establishment of an ADA pedestrian connection from Lower Muscatine, compliant 10-foot setback and landscape screening between the drive and the public right-of-way, modification of the site to discourage traffic from entering the drive through from the north. 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. FINDINGS: The surrounding uses are commercial and industrial. The proposed site plan will provide improvements to the streetscape by establishing the required parking area setback along the drive lane area and installation of required landscaping and street trees adjacent to the right of way. L 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. FINDINGS: The surrounding uses are commercial and industrial. The proposed site plan includes improvements to the streetscape by providing the required setback along a portion of the property and installation of required landscaping and street trees. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS. All access roads, utilities, and drainage are in place. Lower Muscatine Avenue was reconstructed several years ago, including a new sidewalk and storm drains within the right-of- way. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. FINDINGS: As noted above, access to and from the McDonald's site is from a common driveway system that serves the shopping center. All stacking will be on the private property. The main access drive to Lower Muscatine provide traffic control (signal lights). 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. FINDINGS: All other aspects of the site not specifically addressed here (e.g. lighting, signage, changes to building fagade, etc.) will be reviewed as part of building permit and site plan process. The applicant is required to address aspects of the non -conforming parking area to the extent required by code. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. FINDINGS: The Southeast district plan indicates this area as appropriate for general commercial uses. While the plan does not address this particular use or location, it does call attention to several aspects of the "Sycamore Mall and First Avenue Commercial Corridor", including the lack of pedestrian connections and circulation, improvements to the streetscape and overall landscaping along the streetscape and within the shopping center area. STAFF RECOMMENDATION: Staff recommends approval of EXC17-00005 to allow a second order board and lane for the drive -through for property located at 1861 Lower Muscatine Road, subject to the following conditions: • Substantial compliance with the site plan submitted with additional recommendations of staff for preserving or replacing existing large shade trees and narrowing the bypass lane in the area adjacent to the pedestrian route. • All lighting and signage for the property must comply with current zoning code standards for the zone in which the property is located. ATTACHMENTS: 1. Aerial views of the proposed location. 2. Location map 3. Site plan materials 4. Application materials Approved by: 77 II-Z Y 7v-- John Yapp, Developmenttices Coor, n t Department of Neighborhood and Development Services APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 5/19/2017 PROPERTYPARCEL O1014457002 PROPERTY ADDRESS: 1681 Lower Muscatine Rd PROPERTY LOT SIZE: 14,000 SF APPLICANT: Name: McDonald's USA, LLC (Vicky Stadther) Address: 1650 W $2nd St, Suite 900, Bloomington, MN 55431 Phone: (952) 275-5559 CONTACT PERSON: Name: Bishop Engineering (Joel Jackson) (if other than applicant) 3501 104th St, Urbandale, IA 50322 Address: (515) 276-0467 Phone: PROPERTY OWNER: Name: McDonald's Corp (if other than applicant) 1650 W $2nd St, Suite 900, Bloomington, MN 5591,?'" Address: (952) 275-5559 Phone: 71 M 0 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 356-5239 or email sarah-walz@iowa-city.org. Purpose for special exception: 14-45-4 Section B-10-b: Drive-thru windows & drive thru lanes are prohibited Date of previous application or appeal filed, if any: N/A -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. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. We will be converting the singe lane drive-thru to a side -by -side drive-thru, allowing for vehicles to go through the drive-thru at a faster pace. This will have positive affects on the site and surrounding area by reducing drive-thru stacking and reducing vehicle wait times. This time reduction will in turn, not only reduce greenhouse gas emissions but also increase the visual affects to the site by not having as many vehicles stacked, waiting for the drive-thru. It shall also be noted that the building is being remodeled as part of the process, making the building much more desirable to the City of Iowa City and it's citizens. 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 adjacent land owners are a shopping center to the south and west, and a bank and a laboratory across Lower Muscatine Rd to the north and east, Jhe area directly adjacent to the drive-thru improvements is a parking-4ot forte shopping center. A drive-thru is consistent with the surrounding le id~use - rl 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 proposed improvements will eliminate an existing site circulation issue when traffic from the north can enter the drive-thru and meeting oncoming traffic head on. The proposed improvements will re -direct traffic from the north to only allow entering the drive-thru from the south. The surrounding properties are already developed and function consistent with driver expectation and well developed, defined circulation paths. Access onto and off of the subject property is via easement over the shopping center. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All existing utilities and access points will be used and maintained. The access point from the north will be modified to only allow one-way traffic, as was intended in the original design. No additional facilities will be necessary for the scope of this project. -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Our site access is via private ingress/ egress over the adjacent properties. Stacking and access on our site will not directly have any negative impacts on the public streets. 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 144B as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] We agree that to the best of our knowledge, we are or will be in compliant will all applicable city codes relevant to the development of the site plan and it's associate improvements. 7. The proposed use will be consistent with the Comprehensive Plan of the C ity. The Comprehensive Plan designation is community commercial. McDonald's as a use meshes well with this designation. N O 15 i7 •-`. rn 4] -6- 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 on 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). gxAQc%.. Unless otherwise determined by the Board, ail 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 severalty, 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-1F, 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. .l Date: '_ - 20 Date: ppdadmtnWppHmtion-boaae. doc M Signature(s) of Applicarit(s) Signature(s) of property Owner(s) if Different than Applicant(s, C= -X c!J MCDONALD'S IOWA CITY - LOWER MUSCATINE SITE PLAN SHEET INDEX: GENERAL NOTES COI COVER SHEET 1 OF 1 SITE SURVEY C1.1 DEMO PIAN C2.1 LAYOUT PLAN C22-C26 DRIVETHRU PLANS C3.1 GRADING PLAN C5.1 LANDSCAPE PLAN rrtv�®ma PAVING NOTES ".m..m�..,.�,.> UTIUTYNOTE.,m..a."..,.Mm....,...,.sa,.�....,.�.�..m..�.e".,o UTILITY CONFLICT NOTES: ®OMB McDONALD'S - IOWA CITY \ SITE SURVEY -RED -By -C Few- km� ILL 1n _ FS 4 3 :M_ � 6 R f ITsB� - �• d _ o ioC1.1 `a L_- c veewnEainiaw wvmwux ipuwnox oeruc smmw """"x"' `f •+'� � uuvncureuaw /.1 u[runnrtwEamu a C2.1 I COD CONSMucnoN NmEs: / G®NERkNOTn CW LAYOUT NOTES'. C22 G@EM NOTEG GENa LNOTR €I= a p II id„�" III S — El ANCHOR BOLT PATTERN ANCHOR BOLT PATTERN i ` _ I a11. II°II'�, —gtl'4 If` — I..�. °1.1 1 III _ IFS 1�•. �. ��� III _ � 'N '^ � '3" ._ C pe$.i A E9 /1 DOUBLE GATEWAY FOUNDATION -100 MPH CONNECTION OETNLS n ORDER HERE CANOPY L'J FOUNDATION-100 MPH CONNECTION DETAILS �P S 3 _�—•--•— "•�_""""�"'��^ ^GENERALNOT@ F __ " GENERu p 'EF�T�54q� F1 s.] vr_m� rr.rr es Mi� � ANCHOR 00LT PATTERN � ANCHOR BOLT PATTERN /10UTOpOR DIGITAL MENUBOARO \J FOUNDATION-90 MPH -' .. CONNECTION DETAILS - %l DIGITAL PRE -BROWSE BOARD Ll FOUNDATION-90 MPH .. CONNECTION DETALS � - —^° - � C2.3i nDIRECTIONAL SIGN W/ ARCH 39 100 MPH GEN. NOTES 9LLT _'-^ ��'� ,� ANCHLR PATTERN q�6W: 3 ®s GEN. NOTES � PNGHOR BOLT PATTERN Yv 7 a r m ® CONNECTION DETPILS — � —T. �"'� SJ t��ph5� 3E�i ePj(=a'�EI �. 1 N e and mum., —.J TM IM I .we MPR hg—ff W rowa—val tip gg fit e. iC.All I laR C2.5 OSMPMNOTES DRIVE THRU GENlPAt NOTES ONLY C2.6 » \ ©x » \ \\ 3 7j - - s @¥w 6h | ;C3.1 MINUTES BOARD OF ADJUSTMENT JUNE 14, 2017 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT CALL TO ORDER: PRELIMINARY Gene Chrischilles, Connie Goeb, Becky Soglin, Tim Weitzel, Bryce Parker None Susan Dulek, Sarah Walz None The meeting was called to order at 5:15 PM. ROLL CALL: All present. CONSIDER THE MAY 12, 2017 MINUTES: Weitzel moved to approve the minutes of May 10, 2017 with minor edits as submitted by Soglin. Goeb seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC17-00003: Discussion of an application submitted Mukunda Kantamneni to amend the conditions of a previously approved special exception to allow removal of a barrier/gate located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. Walz summarized the situation at the site showing the two sections of Waterfront Drive as they existed prior to 2016. She noted the location of the subject property and the gate that had been required to prevent cut -through traffic to and from Gilbert Street. Walz then showed a more recent aerial view in which the entire northwest section of Waterfront Drive had been vacated and removed, eliminating the intersection that had been at issue during the original special exceptions in 1997 and 1998. The aerial view provided a view of the new development of the site with a new access drive that lined up with the Hill Bank entrance drive on the west side of Gilbert. Walz explained that the northern portion of Waterfront Drive no longer existed and therefore the gate no longer served the purposed for which it had been required. The Board discussed the matter briefly and then Soglin opened the public hearing. Seeing no one present to speak on behalf of or against the special exception, Soglin closed the public hearing. Board of Adjustment June 14, 2017 Page 2 of 4 Weitzel made a motion to approve the amendment to the terms of EXC98-00029, to remove the condition requiring a physical barrier to prevent the property from becoming an access between the two portions of Waterfront Drive. Parker seconded the motion. Soglin asked whether findings were needed. Goeb noted that the redevelopment had made the gate obsolete based on the change to Waterfront Drive. A vote was taken and the motion carried 5-0. Soglin stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: Walz noted that she had received one application for the July meeting. Goeb indicated that she would not be in town for the July 12 meeting. Parker indicated that he too would be away. Walz said that she would let the applicant know that it was likely that only three board members would be present, thus requiring an unanimous decision. She said she would contact the board if it seemed appropriate to reschedule the meeting. ADJOURNMENT: Weitzel moved to adjourn this meeting. A vote was taken and the motion passed 5-0 Meeting adjourned at 5:25 PM. BOARD OF ADJUSTMENT ATTENDANCE RECORD NAME TERM EXP. 7113 8110 9114 9121 9130 10112 1119 12114 1/11 4112 5110 6114 PARKER, BRYCE 1/1/2022 -- -- — — — — — — X O/E X X GOEB, CONNIE 1/1/2020 X X X X O/E X X X X X X X CHRISCHILLES, T. GENE 1/1/2019 X X X X X X X X X X X X SOGLIN, BECKY 1/1/2018 X X X X X X X X X X X X WEITZEL, TIM 1/1/2021 X X X X X X X X X X X X KEY: X=Present O = Absent O/E = Absent/Excused --= Not Member