HomeMy WebLinkAbout12-13-2017 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
December 13, 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, December 13, 2017 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Excl=Vl7_1
A. Call to Order
B. Roll Call
C. Consider the October 11 minutes
D. Special Exception Items
1. EXC17-00009: An application submitted by Donovan Trana for a special exception to
reduce the front principal setback requirement to allow a non -required parking space
in the Low Density Single -Family (RS-5) zone single-family zone located at 2205 D
St.
2 EXC17-00010: An application submitted by the Crisis Center of Johnson County to
allow an expansion of a Community Service Use located in the Intensive
Commercial (CI-1) zone at 1121 Gilbert Ct.
E. Review Board Procedures
F. Nomination and selection of Board Chair and Vice Chair
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, January 10
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: EXC17-00009
2205 D Street
GENERAL INFORMATION:
Applicant:
Requested Action
Purpose
Location:
Size:
Existing Land Use and Zoning.
Surrounding Land Use and Zoning
Applicable code sections
File Date:
BACKGROUND:
Prepared by: Sylvia Bochner, Planning Intern
Date: December 13, 2017
Donovan Trana
2205 D Street
Iowa City, IA
563-299-0144
Adjustment to the front setback requirement (14-
2A-4B-5)
To reduce the front principal building setback in
order to provide an additional parking space
2205 D Street
6,000 square feet
Single-family residential (RS-5)
North: Residential (RS-5)
South: Residential (RS-5)
East: Residential (RS-5)
West: Residential (RS-5)
14-46-3A, General Criteria;
14-2A-4B-5 Specific Criteria for reductions to the
principal building setback; 14-2A-6C, Garage,
Driveway, and Parking Locations Standards in the
Single Family zones.
November 7, 2017
The applicant, Donovan Trana, is the owner of the property at 2205 D Street, a single-family home
on a corner lot with frontage on D Street and 2ntl Avenue. This property includes a one -car garage
accessed from a 12-foot-wide driveway from D Street. The applicant considered widening the
existing driveway to create an additional (non -required) parking pad, however the driveway and
garage are located 7 feet from the east property line, so there was not adequate space to do so.
Instead, the applicant plans to construct a driveway off 2nd Avenue, on the west side of the
property that will lead to an additional parking space. The Single-family Site Development
Standards (14-2A-6C-3C) allow the construction of up to three nonrequired parking spaces within
the front principle dwelling setback provided that any such space is located on an aisle that leads
directly to a parking space that is not located in the front principle setback. The front principal
setback in the single-family zone is 15 feet. So the length of parking are would extend to a point
35 feet from the front property line. The purpose of the standard restricting the location of
nonrequired parking in the front setback is to prevent vehicles from blocking sidewalks, to ensure
that the front setback areas remain free of large parking areas that detract from the residential
character of the neighborhood, and to enhance the pedestrian character of the neighborhood.
The applicant is requesting a special exception to reduce the front setback to lessen the amount
of paving for the drivelparking space. The code would require 35' of pavement from the property
line in order to place the parking space outside the front setback. As shown in the submitted site
plan, the proposed drive would end level with the west wall of the house, 20'8" from the property
line.
While no sidewalks currently exist along the 2n0 Avenue frontage, a curb ramp to receive a
sidewalk is established at the southeast corner of the intersection. It is the intent of the City to
provide sidewalks throughout the community. When constructed. a sidewalk along this frontage
would be constructed in close proximity to the property line.
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 14-2A-6C pertaining to driveway and parking location
standards in addition to the general approval criteria for special exceptions as set forth in
Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific Standards (14-2A-6C-3c).
1. The situation is peculiar to the property.
Staff believes the situation is peculiar based on the following findings:
The subject property is on a corner lot and is required to provide front principal building
setbacks along both D Street and 2ntl Avenue.
The subject property is a relatively small lot, approximately 6,000 square feet. The
minimum lot size for a single-family lot in the RS-5 zone is 8,000 square feet unless a
rear alley is provided.
2. There is practical difficulty complying with the setback requirements.
Staff believes the application satisfies this criterion based on the following findings:
• Compliance with the setback requirements would result in the construction of more paved
driveway than necessary and would reduce the amount of usable open space on the
property, which is a small lot.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations. The purpose of the principal building setback regulations is to:
a. Maintain light, air, separation for fire protections and access for fire fighting;
b. To provide opportunities for privacy between buildings;
c. To reflect the general building scale and placement of structures in Iowa City's
neighborhoods;
d. To promote a reasonable physical relationship between buildings and residences.
e. Provide flexibility to site a building so it is compatible with buildings in the vicinity.
Given that the setback is for a parking area rather than a structure/building, staff believes these
standards are not applicable.
The purpose of the standard restricting the location of non -required parking in the front setback is
to prevent vehicles from blocking sidewalks, to ensure that the front setback areas remain free of
large parking areas that detract from the residential character of the neighborhood, and to enhance
the pedestrian character of the neighborhood.
Staff believes the application satisfies this criteria based on the following findings:
The applicant is proposing a 12-foot wide driveway with a parking space 20'8" in length.
The zoning code specifies a minimum parking space of 18' in length for a standard car
and 15' in length for a compact car. The space provided is enough to park a single car.
Allowing a setback reduction for a single parking space would not significantly alter the
character of the street or neighborhood or the streetscape as most properties provide
vehicle access from the street rather than a rear alley.
The zoning code prohibits the storage of special vehicles (any vehicle longer than 20')
within the front setback in Single -Family zones. This includes RVs, boats, trailers,
commercial vehicles, etc. Staff recommends a condition specifying that the setback
reduction applies only to the storage of personal motor vehicles and that the parking of
special vehicles or any vehicle longer than 20 feet is considered a violation of the special
exception. Including this condition will assist with enforcement if there is ever an issue
with parking or storing items other than cars on the parking pad. (14-5A-5L)
4. Any potential negative effects resulting from the setback exception are mitigated to the
extent practical.
• The applicant has proposed a single width driveway, which limits the likelihood that more
than one vehicle would park in this location and minimizes the paved area.
• The driveway is proposed to flare to 18 feet at the curb line.
5. The subject building will be located no closer than 3 feet to a side or rear property tine,
unless the side or rear property line abuts a public right-of-way or permanent open space.
Not applicable.
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.
Staff believes the application satisfies this based on the following findings:
• A reduction of front setback to allow for additional parking would not interfere with visibility
along 2"d Avenue.
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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.
Staff does not believe there is any impact on adjacent property because this is a narrow pave
driveway, not a structure.
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.
Staff believes the application satisfies this based on the following finding:
• The driveway location is subject to the approval of a curb cut permit from the City
Engineer.
• The driveway location is set back more than the required 50 feet from the intersection and
more than 90 feet from the adjacent driveway to the south.
• The surrounding neighborhood is already fully developed, so this special exception would
not impede future development.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Staff believes the application satisfies this based on the following finding:
• All necessary utilities and facilities are already provided for this property and the
surrounding neighborhood.
• Adequate space is provided within the right of way to allow future establishment of a
public sidewalk.
• The east side of 2"d Avenue currently does not have sidewalks. However, the
construction of additional parking does not reduce the opportunity to construct a
sidewalk here in the future.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff believes the application satisfies this based on the following finding:
• No new structure is proposed, so visibility will not be impacted. The proposed change to
the property will not generate additional traffic along the street.
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.
Staff believes the application satisfies this based on the following finding:
All other aspect of the driveway meet all other zoning code requirements. A curb cut must be
granted by the City Engineer based on the driveway meet separation standards from the
adjacent driveway to the south and the intersection to the north.
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7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this based on the following finding:
While the Comprehensive plan does not speak to this situation specifically, it does emphasize
the pedestrian friendly streets. Because the driveway being proposed is narrow (12' in width),
parking more than one vehicle is discouraged.
STAFF RECOMMENDATION : Staff recommends approval of EXC17-00009, an application for
a reduction in the front principal setback from for property located in the Low Density Single-
Famiiy (RS-5) zone at 2205 D Street subject to the flowing conditions:
• The reduction in the setback is for the purpose of installing a driveway and parking pad
only.
• Substantial compliance with the site plan provided, with the parking area extending 20'8"
from the front property line on 2°d Avenue.
• This parking area shall be limited to the storage of personal vehicles only —storage of
recreational vehicles or other items within this area.
ATTACHMENTS:
1. Location map
2. Site Plan
Approved by:
Kent Ralston, Acting Director
Department of Neighborhood and Development Services
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STAFF REPORT
To: Board of Adjustment Prepared by, Sarah Walz
Item: EXC17-00010 Date: December 13, 2017
1121 Gilbert Ct. (Crisis Center Food Bank)
GENERAL INFORMATION:
Applicant: The Crisis Center of Johnson County
1121 Gilbert Court
Iowa City
Contact: Becci Reedus
319-351-2726 ext. 109
Property Owner Crisis Center of Johnson County
Requested Action: Special exception to allow the expansion of a
General Community Service Use in the Intensive
Commercial (CI-1) zone.
Purpose To allow a 775 square foot building addition to the
Crisis Center.
Location 1121 Gilbert Court
Size: Approximately 29,100 square feet
Existing Land Use and Zoning: Community Commercial (CI-1)
Surrounding Land Use and Zoning: North: Community Service; CI-1 (1105 Project)
South: Commercial retail; Intensive Commercial
(CI-1)
East: Community Service Uses (Salvation Army &
Mayors Youth Empowerment) Intensive
Commercial (CI-1)
West: Railroad and Commercial uses; Intensive
Commercial (CI-1)
Applicable code sections: 14-4B-4D-4, Specific Criteria for General Community
Service Uses in the CI-1 zone; 14-413-3A, General
Criteria for all special exceptions.
File Date: November 9, 2017
2
BACKGROUND:
The Crisis Center of Johnson County is seeking to expand a General Community Service Use in
the Intensive Commercial (CI-1) zone at 1121 Gilbert Court. The existing building provides
offices for the Crisis Center at the front (east side) of the building with a warehouse for the Food
Bank at the rear of the building.
The warehouse portion of the building was added in 2003 at a time when the food bank was
distributing approximately 500,000 lbs. of food per year and serving 350 families per week. In
2017, food bank distributions grew to nearly 1.6 million lbs., serving more than 1,000 families
per week.
The applicant is proposing to construct at 775-foot (approx.) vestibule. The addition will house
functions including the repackaging of foods and receipt of donations and allow space for
bathrooms. A dumpster enclosure will be located at the northeast corner of the building. Part of
the applicant's goal is to free up space within the warehouse to allow storage of 12 additional
pallets of food and an additional walk-in cooler. Growth in the amount of fresh produce provided
by local food producers has created a need for additional cooler space.
The adjacent property to the north, the 1105 Project, was established in 2013 by special
exception. It functions as part of a collaborative "human services" campus, including the
Domestic Violence Intervention Program (DVIP), the Iowa City Free Lunch Program (FLIP), and
National Alliance on Mental Illness (NAMI) of Johnson County. The two properties share
parking. Together with the Crisis Center property at 1121 Gilbert Ct. and the adjacent 1105
property provide 79 parking spaces.
ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and
general welfare, to conserve and protect the value of property throughout the city, and to
encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full
use and enjoyment of property in a manner that does not intrude upon adjacent property. The
Board may grant the requested special exception if the requested action is found to be in
accordance with the specific criteria included for Section 14-4B-4D-4 pertaining to General
Community Service Uses in the Intensive Commercial (CIA) zone in addition to the general
approval criteria for special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific Standards (14-4B-4D-4)
The proposed use will not significantly alter the overall character of the zone and will not
inhibit future development of uses for which the zone is primarily intended. The Board
will consider such factors as size and scale of the development, projected traffic
generation, and whether adequate transportation, transit, and pedestrian facilities exist
to support the proposed use.
Staff believes that the application satisfies this criterion based on the following findings:
• The surrounding CI-1 zone is home to a mix of consignment stores, vehicle and other
repair uses, offices, and general community service uses. General Community Service
uses already in the neighborhood include the Salvation Army (located directly across the
street from the subject property) and the Mayor's Youth Empowerment Program (located
across the street from the Crisis Center at the intersection of Gilbert Court and Highland
Court).
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• On -street parking is in high demand in the neighborhood and, due to the number of curb
cuts along Gilbert Court, is very in limited supply. The two Crisis Center properties
together will accommodate 79 parking spaces. The minimum off-street parking
requirement for the two buiUngs, based on square footage and proposed use, is 49
spaces, The building addition does not displace any of the existing parking.
• The neighborhood is served by three transit lines the lakeside and Broadway stops are
located approximately 1-2 blocks away at South Gilbert Street and Kirkwood Avenue
intersection. The Mall route has a stop two blocks to the East near the Kirkwood Avenue
and Diana Street.
General Standards (14-48-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Staff believes the application satisfies this based on the following findings:
The two Crisis Center properties together provide nearly twice the required
minimum parking for the use proposed.
• The neighborhood is well served by public transit-3 bus routes have stops
within two blocks of the site.
• Sidewalks are in place along Gilbert Court and Kirkwood Avenue to serve
pedestrians.
• The addition of the vestibule allows for the more efficient use of the property.
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.
Staff believes the application satisfies this based on the finding in #1 above and the
following finding:
• With the previous special exception for the 1105 Project, the applicant was required
to bring the property into compliance with parking area standards to improve
pedestrian access, layout of parking stalls and vehicle circulation, including the
consolidation curb cuts along Gilbert Court.
• The addition of the proposed vestibule will not alter use or access to the site.
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.
Staff believes the application satisfies this based on the findings provided above under
general criteria 91 and #2.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Staff believes the application satisfies this based on the following finding:
• All necessary utilities and facilities are already in place for this property and the
neighborhood.
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5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff believes the application satisfies this based on the following finding:
• At the time that the 1105 Project was constructed the applicant consolidated curb
cuts and improved circulation and parking for the two properties. Circulation drives
located behind 1121 and 1105 Gilbert Court connect the various parking areas
associated with the two properties.
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.
There are no other known issues on the property that need to be brought into compliance.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this based on the following finding_
• The Comprehensive Plan supports the provision of such services in areas with
pedestrian and bus access.
STAFF RECOMMENDATION: Staff recommends approval of EXC17-00010 an application for
a General Community Service Use in the Intensive Commercial (0-1) zone at 1121 Gilbert
Court, subject to the following conditions:
1. Substantial compliance with the submitted site plan.
2. Dumpster should be screened from view of the street by solid or semi -solid fence
enclosure.
ATTACHMENTS:
1. Location map
2. Site plan
3. Application materials
Approved b
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Kent Ralston, Acting Director
Department of Neighborhood and Development Services
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: j I I �. I"-7 PROPERTY PARCEL NO. I n 5 5 y 3/�)n 2
PROPERTY ADDRESS: 12 1
PROPERTY ZONE:
APPLICANT:
CONTACT PERSON:
(if other than applicant)
PROPERTY OWNER:
(if other than applicant)
PROPERTY LOT SIZE: a �I D D & _/'
Name:t 1515 Ceyi"�y p{, �OhnS�1�
Address: 112l 5 ; I ex4 ff
Phone: 319 .:3 h 1 2 -� 2 la L± I D�_
Name: 13eL C I Kr= S
Address: 112-1 5 U I be*+ G
Phone: 3 IL7 -,-: 3.5 I - 21 '2-Cr K
Name:
Address: -c7
Phone: w
Specific Requested Special Exception; please list the description and s4tion number in
the zoning code that addresses the specific special exception you are seekiit. 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 e-mail sarah-walz@jowacfty,org.
Purpose for special exception: O
Date of previous application or appeal filed, if any:
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Pa'146ts
Answers to General Approval Criteria
I. The Crisis Center of Johnson County is proposing an addition of approximately 700 sq. ft to
our building located at 11215. Gilbert Ct. Our food bank programs provide food for two
thirds food insecure individuals in Johnson County. Seventy percent of our clients are
receiving half or more of their food needs at the Food Bank. In October 2016 we opened
our first mobile pantry in an effort to reach people who are not able to come to our 1121
location. We provide food in these mobile pantries to nine different locations in our
community.
2. The mobile pantries have allowed people to get our services at different locations; thereby
reducing the number of individuals coming into our 11215 Gilbert Court facility.
3. We are not providing new services; rather the warehouse will allow us to continue to store
the food we use on a weekly and/or monthly basis in our current programs.
4. The warehouse expansion will not affect any of these issues.
5. Ingress and egress design will not be affected or altered by the expansion.
6. The warehouse expansion will not alter our current services; the expansion will change our
layout and give us much needed food warehouse space.
7. The warehouse expansion will not change services currently provided.
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1. The proposed addition is 775 sq ft. The dimensions are 23 x 27.5 plus 9.5x15 (that's what we
measured for the actual sq footage of the building itself.
2. The addition does not displace an parking that is currently an the site.
3. The addition will house the functions for the following:
• i)repackaging foods;
• 2)receipt of donations and
• 2)warehouse staff office. Two existing rooms in the current warehouse will be gutted to
allow space for 12 more pallets of food storage and will house an additional walk in cooler;
which will allow us to cold store donations of fresh produce
4. The warehouse was added to the building in 2003 at a time when we were distributing about
500,000lbs of food per year and serving 350 families each week. In 2017, we distributed 1.6
million Ibs of food to more than 1,000families each week at the 1121 food pantry. The
additional space created in the warehouse by moving donations and the repackage room to the
new addition will allow us to store about 12 more pallets of food. Additionally, we will have an
additional walk in cooler. Due to the local food movement, we are getting increased donations
of fresh produce and we do not have space to store the food in our current cooler.
5. A new dumpster enclosure will be located at the corner of the new addition. It is located
diagonally and there has been additional space created in the dumpster enclosure for the
storage of milk crates. I am enclosing the latest drawings that shows the diagonal dumpster
location
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CITY OF IOWA CITY
MEMORANDUM
Date:
December 8, 2017
To:
Board of Adjustment
From:
Sarah Walz, Associate Planner
Re:
Board of Adjustment Procedures
The Board of Adjustment reviews its procedures on an annual basis. Last year the Board made
a number of changes, both to clarify requirements and to bring language up-to-date. This most
important changes clarified when members should recuse themselves from considering an
application and when members may abstain from voting.
Please review the current procedures. The Board will discuss suggested changes or
improvements, if any, as well as any questions or concerns at the meeting on December 13.
PROCEDURAL RULES
Iowa City Board of Adjustment
December 2016
ARTICLE I. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration,"
Article A, entitled "Board of Adjustment," and through the adoption of these procedural
rules stated herein.
ARTICLE II. MEMBERSHIP:
Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be qualified electors of the
city of Iowa City, Iowa. A majority of the members of the Board shall be persons
representing the public at large and shall not be involved in the business of purchasing
or selling real estate.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager,
Section 3. Orientation for New Members. Prior to the first regular meeting following
their appointment, each new member shall be shall be given an orientation briefing by
City staff and be provided with the Board's procedural rules and other information that
may be useful to Board members in carrying out their duties. The City Zoning Chapter
and the Comprehensive Plan are available on line.
Section 4. Absences. Three consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy as required
by law.
Section 6. Terms. Members shall be appointed for terms of five years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one year or less remaining may also be appointed concurrently for
one full five (5) year term.
Section 7. Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the City Council with copies to the City
Manager, the Director of Neighborhood and Development Services, and the Board
Chairperson, preferably at least sixty (60) days prior to the date of intended departure.
ARTICLE Ill. OFFICERS:
Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Planning and Community Development.
Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5, Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice -
Chairperson shall perform the duties of the Chairperson and shall have all the powers of
and be subject to all the restrictions upon the Chairperson.
Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the
Chairperson and Vice -Chairperson, the remaining three -member Board may elect a
member to serve as Acting Chairperson. The Acting Chairperson shall perform the
duties of the Chairperson and when so acting shall have all the powers of and be subject
to all the restrictions upon the Chairperson.
Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV. APPLICATIONS:
Section 1. Application Forms. Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary's office is located in the Department of !Neighborhood and
Development Services. Forms are available in the office of the City Clerk and on the
City's website. In the appropriate cases, the Building Inspector shall transmit to the
Secretary all documents constituting a record, upon which the Hoard shall act.
Section 2. Application Submittal. Appeals to the Board shall be filed with the City Clerk
within a reasonable time period, not to exceed thirty (30) calendar days after the action
appealed from, and shall specify the grounds for such appeal. An appeal from a decision
by the Building Inspector to issue a building permit shall not be deemed to have been
filed within a reasonable time if such appeal is filed more than ten (10) business days
after construction work pursuant to such permit is observable from adjacent properties of
the public right-of-way or ten (10) business days after an alleged violation of the zoning
code is similarly observable. Applicants may appeal an approval or a denial of a
Certificate of Appropriateness from the Historic Preservation Commission within a
conservation district by filing a letter with the City Clerk within ten (10) business days
after a Resolution of Denial is filed by the Commission.
Section 3. Application Filing Fee. The applicant shall complete the required forms,
providing all information requested on the form, and any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. Application fees are established by resolution of the City Council.
Section 4. Party of Interest. Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5. Case Number. An application filed according to the above procedure shall be
given a case number within five (5) business days of the filing date. Case numbers will
be assigned according to the order in which applications are received.
ARTICLE V. NOTICE:
Section 1. Notice Letters. No less than seven (7) business days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record within 300 feet of the subject property. Such notice shall include a description of
the action requested along with the time and location of the meeting. The applicant shall
be formally notified of the time and place of the hearing, in writing, by the Secretary of
the Board.
Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be
published in a newspaper of general circulation not more than twenty (20) calendar day
nor less than seven (7) business days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the nature of the application
or appeal.
Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing,
the Applicant shall post a sign on or near the property upon which the application is
being made, and shall remove the sign immediately following the public hearing on the
application. The sign will be provided to the applicant(s) by the Board Secretary.
ARTICLE VI. HEARING:
Section 1. Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2. Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the
request of three (3) or more members of the Board.
Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4. Quorum. Three members of the Board shall constitute a quorum.
Section 5. Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel, The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6, Briefs. The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Any Board member who has a legal conflict of interest shall recuse him/ herself from the
decision -making process. A member who has a legal conflict of interest or otherwise
elects to recuse him/herself due to a perceived conflict of interest shall state the reason
for recusal prior to discussion of the matter under consideration and may choose to
leave the meeting room for the duration of the proceedings for that application,
Section 8, Hearing Order. The order of hearing shall be as follows.
1. Staff presentation of the facts of the case and recommendation to the board
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4, Rebuttal by proponents and then by opponents.
5. General discussion by the Board.
Section S. Board Deliberation. After all parties have been heard, the public hearing will
be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa Law, The Board may request additional comments
from the participants. An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 10. Board Motions. Motions may be made and seconded by any member of the
Board other than the Chair. Motions are always made in the affirmative, approving the
requested action.
Section 11. Board Voting. After a motion and discussion, the Board shall be polled for
votes. A board member may abstain from voting, which is a non -vote. The concurring
vote of three (3) members of the Board shall be required to uphold an appeal, to decide
in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Proxy votes are not allowed.
Section 12. Legal Advisor. The City Attorney or a designated representative shall act as
legal counsel to the Board,
Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules
of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1. Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be
produced from such recordings, and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board, and shall also be on file at the City Clerk's office. The applicant may request
a court reporter at the applicant's own expense,
Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including
forms and additional information. Said file shall be a public record and available for
public inspection during business hours, Copies may be made available upon request, at
cost.
Section 3. Transcript. Upon request, a transcript or the audio recording of the Board's
deliberation will be made, at cost to the requester. In the case of an appeal to district
court there is no charge for the transcript.
ARTICLE Vlll. DECISIONS:
Section 1, Whenever possible, decisions by the Board shall be made at the same
hearing wherein the testimony and presentation of evidence are considered.
Section 2. Formal decisions shall be made in writing, setting forth findings of fact and
conclusions of law as required by Iowa law.
Section 3. Each decision shall be filed with the City Clerk within a reasonable time after
the Board hearing, and shall be stamped by the Clerk to indicate the date and time of
filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for
recording at the city's expense.
Section 4.
A copy of said decision shall be forwarded by the Secretary of the Board to the
applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record
within a reasonable time after filing with the City Clerk.
Section 5.
Reconsideration: Upon written request, the Board may reconsider a decision on a
special exception or variance application. A request for reconsideration must be made
within ten (10) business days of the meeting at which a vote on the application was
originally taken and shall articulate and be based on evidence that was not presented or
was unavailable at the time of the original hearing. A motion to reconsider must be made
at the subsequent meeting by a member of the Board who voted on the prevailing side.
If a motion to reconsider is approved, the application will be placed on the agenda of the
next meeting in order to satisfy the requirement for public notice and hearing. No
decision may be reconsidered more than once. Appeals to the Board may not be
reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1. A concurring vote of three (3) of the members of the Board shall be necessary
to amend these procedural rules. Such proposed amendments shall be presented in
writing at any regular meeting or at any special meeting called for that purpose.
Amendments shall go into effect upon approval by the City Council.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
OCTOBER 11, 2017 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Bryce Parker, Becky Soglin, Tim
Weitzel
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Ben Kinseth, Duane Musser
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Soglin outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDER THE JULY 12, 2017 MINUTES:
Weitzel moved to approve the minutes of July 12, 2017. Chrischilles seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC17-00006:
Discussion of an application submitted by Hilton Garden Inn for a special exception to expand
the hours of operation for a Rooftop Service Area in the Riverfront Crossings -South Downtown
Sub -District at 328 S. Clinton Street.
Chrischilles noted that he has a personal connection with this item and recused himself from
this discussion item.
Walz presented the staff report and began by showing a map of the area and where the Hilton
Garden Inn is located. She also noted that the vacant lot next to the Hilton Garden Inn (on the
corner of Burlington and Clinton Streets) is proposed for development of two seven story
buildings, on an extended stay hotel and another a mixed -use building with ground floor
commercial and residential uses above. Walz explained that no special exception is required
for the Rooftop Service Area (RSA) itself because it is accessory to a hospitality use and it
noted as a provisional use reviewed administratively. The Hilton Garden Inn is now open but
the Vue Rooftop Restaurant is not at this time and will not open until a cerllficate of occupancy
is issued.
Board of Adjustment
October 11, 2017
Page 2 of 0
Walz noted that in the staff report they mistakenly identified this area as being "open air', which
was in an older version of the plan, However in the updated plan the only area that will be
"open air' and defined as a RSA is the front part of the building (approximately 1000 square
feet) that directly overlooks Clinton Street. The other area of the rooftop is all enclosed. Walz
also showed that the 12 story building is stepped back from the street after the fifth story. On
the north side of the building, between future uses, there is a 30 foot alley that exists separating
the buildings. The entrance to the RSA is through the restaurant.
Walz referred to the staff report notation of the Management Plan that is required for the serving
of alcohol on a rooftop and must be submitted prior to the issuance of the occupancy permit.
Walz staled that the Hilton Garden Inn has not yet submitted their management plan at this time
and Staff is working through that with them. The Plan will need to include notations of no less
than one employee at all times to monitor the safety and compliance. If nuisance or safety
issues arise the City can require immediate changes to the management plan. The Plan must
also indicated that food service is provided and the City knows it will be since it is connected to
the restaurant. The Management Plan will also show the understanding of the City's noise
ordinance policy regarding exterior amplified sound must be turned off by midnight.
Walz did not reiterate all the general criteria noted in the Staff Report, the Board's purview only
applies to the extended hours of the RSA. The RSA is allowed by City Ordinance up to 10:00
pm on weeknights and up to midnight on weekends. The Hilton Garden Inn is requesting to go
beyond those hours to midnight on weeknights (Sunday — Thursday) and to 2:00 am on
weekends (Friday and Saturday). Walz said Staff felt very comfortable in this case with this
request and articulated those reasons under the particular Standards in the report. Some
reasons are the location of the RSA is at the top of a 12 story building, it will be so different in
height from the adjacent uses, the proposed screening of the 8-foot tall glass wall, the limited
size of the RSA (it will only be 1000 square feet), limited access to the RSA (can only be
accessed through the restaurant), the surrounding zoning and uses (will be much lower
buildings) and amplified sound is not allowed in the RSA after midnight. Finally, in Riverfront
Crossings, for this sub -district (the South Sub -district), it is seen as an entertainment district and
Staff viewed this RSA as an appropriate use in a district that Is meant to be lively.
Staff recommends approval of EXC17-00006, a special exception to extend the hours of
operation for a Rooftop Service Area at 318 South Clinton to 10:00 AM to midnight Sunday
through Thursday and to 10:00 AM to 2:00 AM on Friday and Saturday, subject to the following
conditions:
General conformance with the site plan submitted with regard to the size and location
of the RSA.
The RSA will be located on the 12th floor of the hotel and be surrounded by an 8-
foot high glass wall.
All aspects of the RSA must conform with code standards, including lighting, sound,
and management plan.
Goeb asked if the Hilton Garden Inn needs permission from the City or the Board to do
whatever they wish in the enclosed area. Walz confirmed that they would not need permission
for anything in the enclosed area nor for anything in the RSA beyond the extension of hours.
Parker asked about amplified sounds and Walz reiterated that amplified sound could not be in
the RSA past midnight.
Soglin asked if the assumption is that because the neighboring buildings will be lower the sound
Board of Adjustment
October 11. 2017
Page 3 of 9
from the RSA will not affect them. Walz noted it is a combination of the height difference of the
buildings, the screening around the RSA and also that there is a limit to the loudness of the
amplified sound. Soglin asked rf this is based on examples from other cities. Walz stated it is
not scientifically based it is just given that since the City does not allow an unlimited volume of
amplified sound it would be reasonable to expect it would not travel far enough to inconvenience
the other neighbors.
Soglin asked if there were currently any other hotels operating hours past midnight or 2:00 am.
Walz was unsure if there were other examples, this might be the first time this has been
proposed in Iowa City.
Soglin opened the public hearing and invited the applicant forward to address the Board.
Ben Kinseth (Kinseth Iowa City LLC) stated they have a pretty unique situation here with this
high-rise rooftop restaurant and bar, likely unique for the whole state. Beyond the fact that they
wilt have a very regimented management staff to patrol the area and they will certainly have
door service to exam ids. As far as the experience for the patrons to go outside and get the feel
of Iowa City in that unique experience they wish to offer that past midnight on the weekends and
past 10:00 pm on weekdays.
Goeb asked if the rooftop dining area the main dining area for the hotel. Kinseth replied that it is
the main dining area for dinner, for breakfast they have a restaurant on the first Floor. Goeb
asked about lunch service. Kinseth stated it will be just for dinner at first, they may open for
lunch in the future once they are stabilized.
Kinseth added that there is comfortable seating out in the outdoor area, a big rail with seats
around the glass walls, and will allow patrons to have a nice experience.
Parker asked what is directly below the RSA. Kinseth replied it was individual hotel rooms. The
construction added sound proofing but they will monitor their hotel patrons' experiences as well.
Soglin asked if Kinseth had any similar hotel setups with similar hours. Kinseth noted they have
restaurants and bars in other hotels with similar hours, but not on rooftops such as this one.
They hope this will be an entertainment destination as well as a restaurant.
Soglin asked if there were to be future issues with sound how would it be handled. Walz said
they would first look to changes to the Management Plan, perhaps limiting the use of amplified
sound, but of course the hotel will want to manage the sound for their own business purposes.
It would have to be a persistent long issue for the City to provoke the temporary use permit.
Dulek added that a disorderly house citation could be issued as well due to noise that is
bothersome.
Weitzel asked if a horizon could be placed on this exception so it could be reviewed in the future
to see how it worked. Walz believes that is not an option and Dulek also added she is unsure of
the answer to that question. Walz said they have added in conditions before that noted if there
was a set number of violations of disorderly house or convictions would result in a termination of
the special exception but they cannot set a timeline that this special exception would sunset
after ten years.
Goeb asked if the Board's decisions are precedent setting. Walz confirmed they are not, so if
this doesn't work out then other similar special exception requests could be denied She added
Board of Adjustment
October 11, 2017
Page 4 of 9
what Staff thought was very different in this situation because of the combination of the building
heights, surrounding uses, and the control of the sound needed for the other 11 floors of their
business which makes it different from a bar that is just a bar. Of there have been cases where
special exceptions have been given to fraternities and special conditions set that will revoke the
special exception if there are more than two violations within a year. Walz added that if the
special exception was revoked, the RSA would still be able to function, the revoking would just
be for the extended hours.
Walz stated also that when the adjacent properties are developed they will be developed by the
same developers as did the Hilton Garden Inn and are aware of this special exception request.
Soglin closed the public hearing.
Goeb and Parker both stated they do not have any issues with this special exception request.
Parker added that the nature of the business is not the same as a fraternity or bar, the
expectation of problems is not there.
Weitzel agreed, noting that the building height gives it an advantage as well as the glass wall
surrounding the RSA.
Soglin admitted she would have a slight preference to add language regarding whatever an
appropriate number of violations in the first six or twelve months might be would result in the
special exception being rescinded.
Parker believes with the direct hotel rooms underneath he feels there would be extra care on
sound taken. Goeb agreed it would be self -regulated because of the hotel business.
Goeb recommends approval of EXC17-00006, a special exception to extend the hours of
operation for a Rooftop Service Area at 328 South Clinton to 10:00 AM to midnight
Sunday through Thursday and to 10:00 AM to 2:00 AM on Friday and Saturday, subject to
the following conditions:
• General conformance with the site plan submitted with regard to the size and
location of the RSA.
• The RSA will be located on the 12th floor of the hotel and be surrounded by an 8-
foot high glass wall.
• All aspects of the RSA must conform with code standards, including lighting,
sound, and management plan.
Weitzel seconded the motion.
Parker noted that he especially considered General Standard 1 and that the building will be
separated by adjacent residential properties by a good distance.
Weitzel stated that regarding agenda item EXC17-00006 he concurs with the findings set forth
in the Staff report of October 11, 2017, and conclude the general and specific criteria are
satisfied. So unless amended or opposed by another Board member he recommends that the
Board adopt the findings in the Staff Report as our findings with acceptance of this proposal.
A vote was taken and the motion carried 4-0 (Chrischilles was recused).
Soglin stated the motion declared approved, any person who wishes to appeal this decision to a
Hoard of Adjustment
October 11, 2017
Page 5 of 9
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
Chrischilles rejoined the meeting.
SPECIAL EXCEPTION ITEM EXC17-00007:
Discussion of an application submitted by RKM Investments LLC for a special exception to allow
a drive -through facility in the Community Commercial (CC-2) zone at 1075 Highway 1 West.
Walz began the staff report showing an aerial view of the site along Highway 1 West. She
pointed out a shared drive that serves the entire shopping center area which is at a signalized
intersection. All drives within the shopping center area are private drives. The uses within in
the shopping center are oriented more toward the private drives rather than the highway. The
subject site is a building with two units in it, unit 1069 is home to the Midtown Family Restaurant
with an entrance off the east side of the building. 1075 is the portion of the building that faces
towards the highway and has been vacant for quite some time and has an entrance off the west
side of the building. The applicant is proposing to be able to market the site with the availability
of a drive -through service. There is not currently a particular tenant or user in mind, this special
exception is to allow for expanded marketing for the vacant site. The applicant is proposing to
establish a 13-foot driveway between the building and the property line. The building itself
would be modified (a portion of the north side of the building removed) to allow space for the
drive -through lane and required setback. Cars would circulate counter -clockwise with an order
area and pickup window. The site plan included in the Board's packet is not finalized because
there is a not a particular user with a design in mind. A future use may provide potential walk-in
service from the west side of the building and will use the west parking area for any required
parking.
Walz reviewed the specific standards. 14-4C-2K a (1) states wherever possible and practical,
drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access
drives. That is the case here, the access is through the Westport Shopping Center, and there is
no driveway from the property directly to Highway 1. The shared driveway to the highway is a
signalized intersection.
14-4C-2K a (2) states to provide for safe pedestrian movement, the number and width of curb
cuts serving the use may be limited. No new curb cuts are requested, all curb cuts are already
in place.
14-4C-2K a (3) notes an adequate number of stacking spaces must be provided to ensure traffic
safety is not compromised. What is required differs depending on uses. 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. Walz suggested they move forward
with the assumption that the use here would likely be food related. The submitted site plan
shows space for two cars to stack between the pickup window (located at the west end of
building) and the order board with three additional stacking spaces at the order board. An island
dividing the entry to the drive -through lane may provide space for an additional car to stack
outside the shared drive that serves the east parking area. There is ample space for additional
stacking within the east parking area.
Board of Adjustment
October 11. 2017
Page 6 of 9
14-4C-2K a (4) states 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. Staff is recommending that a
directional sign for the drive -through be provided at the east drive entrance to Lot 3 to direct
traffic directly to the drive -through lane.
14-4C-2K b (1) discusses locations and in most Staff encourages drive -through lanes and
service windows to be located on the backside of the building, however in this shopping center
the uses are oriented to the interior drives and due to the change in grade it would be screened
partially from the highway. Staff recommends adding additional S2 screening to minimize views
of the drive -through. Additionally this drive through lane is separated from areas of property
where there may be conflicts with pedestrians.
14-4C-2K b (2) notes that drive -through lanes must be set back at least ten feet (10') from
adjacent lot lines and this will be setback more than 10 feet from the north (and nearest)
property line.
14-4C-2K c discusses the character of the area and since this area is auto oriented Staff doesn't
see an issue with the drive -through circulating around the building, especially with the change in
grade and addition of additional screening. Stacking to the north and, if necessary, to the
northwest of the building would riot conflict with pedestrian circulation. Maintaining stacking
space along the north side of the building also minimizes conflict with the use that shares the
site (Midtown Family Restaurant).
Staff is recommending approval of EXC97-00007 to allow a drive -through facility for property
located at 1075 Highway 1 West, subject to the following conditions:
■ General compliance with the site plan submitted with additional recommendations of
staff for screening along the north and northwest portions of the site: S2 landscaping
along the north side of the drive -through lane and additional trees, including shade
trees along the northwest corner of the property. A final landscape plan must be
approved by planning staff
• All lighting and signage for the property must comply with current code standards for
the zone in which the property is located.
• All modifications to the building must comply with current zoning code standards.
• For drive -through pick up of food or beverages, the drive -through lane should provide
no fewer than 5 stacking spaces along the north side of the building,
Chrischilles asked about the traffic flow Staff recommended. Which entrance would the cars
use, etc? Walz stated Staffs recommendation was for a sign to be placed to direct traffic into
the lot, drive past Midtown entrance and then circulate around the building and out on the west
side.
Chrischilles asked about the building remodel and what happens if a drive -through window is
not constructed. Walz said the special exception would then go away. She added that if this
location was in a zone not so auto -oriented Staff would probably not recommend approval
without knowing specific details on the tenant and building use.
Parker asked if special exceptions automatically expire if they are not picked up by a certain
time. Walz confirmed an applicant has six months to make progress on the project for which the
special exception was approved.
Board of Adjustment
October 11, 2017
Page 7 of 9
Weitzel asked if It changed the number of parking spaces required. Walz said the two
landscape areas may reduce the parking in the lot, however there are more spaces in that lot
than the minimum requirement.
Weitzel inquired if there were any sidewalks to the site. Walz said it is possible, depending on
what they do with the site, they would be required to install additional sidewalks.
Soglin opened the public hearing and invited the applicant forward to address the Board.
Duane Musser (MMS Consultants) came forward and reminded the Board that at one time this
was a Red Lobster restaurant and once that use went away the building addition was added.
When it was the Red Lobster restaurant there was concrete and parking on the north side of the
building. They will have to remove some of the building to make room for the drive -through and
be able to maintain the 10 foot setback. Once they receive Board approval on this special
exception they will begin the site plan process. This space has been vacant for three plus
years, and has been marketed at its current office use with no success, and they have received
inquiries about a restaurant use so want to prepare the building and site for such a use. Musser
acknowledges the additional landscaping that will be needed and will meet those requirements.
Musser also noted that one of the applicants to this project is the owner of the Midtown Family
Restaurant so they are concerned about access and stacking of cars and will be making sure
the traffic and space is used in the best interest of all.
Parker asked if the current office space two story and Musser confirmed it was. Musser showed
concept of how much of the building would be remodeled.
Chrischilles asked about traffic flow and how It will affect Midtown Family Restaurant. According
to the site plan there doesn't seem to be any option other than running cars in front of Midtown's
front entrance and feels that will be a problem with people walking from the parking area to the
restaurant entrance. Musser acknowledged the concerns but not knowing who the tenant would
be makes it hard to give specifics on what will happen. He reminded the Hoard that one of the
applicants of this special exception is one of the owners of the Midtown restaurant and has the
same concerns which is why they created a two-lane drive -through option to create more
stacking spaces.
Chrischilles asked if there has been any discussion of having the new business use the west
driveway entrance and running all the business on that west side. Musser said they could not
get a car window to the drive -through window coming from that side. Even if they could get the
space to make that work, it would then have users going into the business having to cross over
the drive -through traffic.
Soglin closed the public hearing.
Weitzel stated his initial concerns were similar to Chrischilles' however learning that the owner
of Midtown is involved in this application and project eases the worry and figures they will do
what is best for them.
Chrischilles agreed, his strong objections were relieved when he heard the owner of Midtown
was also the owner and applicant on this portion of the building.
Parker noted that with the elevation change from the highway to the restaurant the light noise
will be minimized, especially with the addition of 8-foot trees and 4-foot bushes.
Board of Adjustment
October 11, 2017
Page 8 of 9
Chrischilles asked if there had been any consideration to extending the screening to the
stacking area. Walz noted it is steeper to west of the property and less likely to need screening.
Goeb moved to recommend approval of EXC17-00007 to allow a drive -through facility for
property located at 1075 Highway f West, subject to the following conditions:
• General compliance with the site plan submitted with additional
recommendations of staff for screening along the north and northwest portions
of the site: S2 landscaping along the north side of the drive -through lane and
additional trees, including shade trees along the northwest corner of the
property. A final landscape plan must be approved by planning staff.
• All lighting and signage for the property must comply with current code
standards for the zone in which the property is located.
• All modifications to the building must comply with current zoning code
standards.
• For drive -through pick up of food or beverages, the drive -through lane should
provide no fewer than 5 stacking spaces along the north side of the building.
Weitzel seconded the motion.
Weitzel stated that regarding agenda item EXC17-00007 he concurs with the findings set forth
in the Staff report of October 11, 2017, and conclude the general and specific criteria are
satisfied. So unless amended or opposed by another Board member he recommends that the
Board adopt the findings in the Staff Report as our findings with acceptance of this proposal.
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:
None.
ADJOURNMENT:
Goeb moved to adjourn this meeting
Weitzel seconded the motion.
A vote was taken and the motion passed 5-0
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