HomeMy WebLinkAbout1975-04-22 Bd Comm minutes-At the time of the reading', Mr Ducker asked if there were
any persons there for file purpose nf;heing heard On this-
'mattcr. 'There were -none.
Ms. Park made a motion that the petition be c.imtinucJ.
Mr. McBride sccundeil the -motion:- votes were cast as
follows: Ducker, aye;, Malcolm,, absent; Goodkcn,-absent;
Park, aye; 'McBride, aye. ncc.appea.I for a rear -yard variance
- was continued.
PARKING VARIANCfi ON 300 BLOCK SOUTH DUBUQU1:-OLU CAPtTO1. ASSOC.
Mrs. Ili.eronymous was,present to speak in favor of the appeal.
she explained that the Old 'Capitol Association proposed, in
thCir plot -;plans -to provide one (1) parking space for each
two (2) apartments, explaining that not all of the sixty-two
(62) elderly or handicapped tenants will own automobiles,
and that the plot plans provide -for adequate parking facilities,
as well as areas set aside -for planting screens and flower
gardens
The Board asked Mrs. Ilieronymous what parking facilities would
be 'available if there were less than sixty-two (62) apartments
leased to the, elderly or handicapped, or if more parking
would be available if required.
Mrs. llieronymous replied that the City assured her and her
Association of _the number -of -people using the facilities.'
The City has entered into a five (5) year contract, to be
continuously renewable, for the next twenty (20) years, to
provide enought tenants. Mrs. Ilieronymous also explained that
the parking facilities were at least "woman -size", that is, the
parking spaces were designed for maximum comfort.
- Lyle Seydel explained that, according to the plot plans, the
parking spaces meet the standards`of'nine feet (9 ft.) in
width, --set by the Federal Housing Authority ;(HUD). Mr. Seydel
also went on to say that the City will enter into a -contract
with the Federal Government to provide; housing for the
elderly or handicapped for :twenty ,(20) years. The City will
then enter into a similar, five (5) year, renewable contract
with the -'Old Capitol, Association to provide such housing.
Mr. Dueker showed concern whether or not, if the housing
_project became anything other than elderly or handicapped
housing, the City would have any authority over the _building
in the future, once the variance was granted. An agreement
was reached that -the variance could be granted, based upon
the continguency that under different conditions'`than those '
proposed at this meeting, -the City has the right to review
the Board of Adjustment's decision. Mr. McBride agreed.
C'I' b z
MINUTES
IOWA CITY HOUSING COMMISSION
:APRIL 2, 1975
DEPARTMENT; OF COMMUNITY DEVELOPMENT CONFERENCE ROOM
MEMBERS PRESENT:
Branson, Claypool, Fountain,_Retish, White.
MEMBERS ABSENT:
Bosserman.-Sheets.
STAFF PRESENT:
- Seydel, iIillis.
GUESTS:
There were six guests present.`
•
RECOMMENDATIONS TO THE CITY COUNCIL:
Recommendation to adopt rent collection policy (see
attached).
LISTOFMATTERS PENDING COMMISSION -COUNCIL DISPOSITION:
None.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
1. Branson called the meeting to order.
White moved that the minutes of the meeting of March 19,
1975,
be'_approved as written. Fountain seconded the motion. Motion
`--passed unanimously.
2. There was no public discussion.
3. Coordinator's Report.
Seydel submittedfour applications. Seydel recommended
three be found eligible and one be found ineligible because
of income.
-z-
•
199 units are now under lease. Two units will be lost
at the end -of this month.
Seydel presented a study on increases -in -rents paid to
owners in the Leased Housing Program.
Retish stated that he would like the -Housing Commission '
like
-_,to-talk to,landlords about rising rents. He would a
Association askingr:them to send -
-
letter sent to the Landlords
a representative to a Housing commission meeting to discuss
the rent problem.
Sey del presented a study on the sources of income of
tenants in the Leased Housing Program.
HUD auditors have recommended that a rent collection -
policy be adopted. -Seydel submitted a draft of _a rent'
is the generally
collection policy_(see_attached). This ,policy
in writing.. This policy if adopted
followed but it is not
would be -incorporated -in the Statement of policies.
Fountain moved to recommend to the--City-Council to
adopt the attached rent collection policy.`- White seconded
the motion. Motion passed unanimously.
4. New Business.
A memo from.Tony Kushnir, Assistant City Attorney,
dealing with a tenant -landlord ordinance, was discussed.
Branson stated that the Commission's recommendationlast
year thatsuchan ordinance was not needed should not be
interpreted as opposition to the current proposal. ,The
ordinance; proposed last year dealt with specific items,
deposits.'
such as -rent control and interest paid on security
These items are now prohibited by 'state law.
The ordinance the council is requesting at this time
would authorize tenants towithholdrent payments from
city housing '
landlordswhoseproperty does not comply with
into fund administered
codes. The rent would be paid a special
"by''City. hopes that the tenant -landlord ordinance
the Branson
is will treat tenants and landlords equitably.
that approved
-Old Capitol --Associates -will hold their second pre -design
meeting ,on April 8, 1975. This meeting is to receive input`
from professional people who deal with the low income and
--elderly.
•
�.MENT 0F COMMUNITY DEVELOPI
Where a unique situation arises, it must be'demonstrated'c.on-
clusively that the property is practically destroyed or }rcit.ly:
decreased in valueforany permitted use to which it can rcasonnhly
be put, and where the application of the ordinance. hears so little
relationship ,to the purpose of zoning that, as to .that property
the regulations are, in effect, confiscatory or arbitrary.
In reviewing precedent court decisions regarding restrictions
on signs, only two were found to have anyparticular.relevancy
to maximum sign 'size limitations. In Pe le_v, Brown District
Court -Nassau Count Third District ,
e en ants were charged with maintaining a, -gasoline price sign
ban`permitted by the town ordinance. In
of larger dimensions
this case ,'the court concluded -,-that the maximum sign size
regulation of one ,foot;,square.dimension bore no substantial
relationship;to_the -general welfare -and found thatthemaximum`
size _provision was oppressive and imposed an undue burden on the
defendant's business. However, in_Peo le v Artol'Cor Villa e
Justice Court of Ocean Beach Suffo ount Neo or .
Zol , the -court affirmed Re conviction o -a- de--e-n-&-amt
prosecuted 'for violating the village sign ordinance, which pro-
hibited the existence of signs; larger than one square foot in
area, on the basis that aesthetic considerations may be taken
into account and may alone warrant an exercise of the police
power; therefore „ the ordinance was benefit
as' a public
benefit - preservation of aesthetic quality -pursuant to the
m
village's,:police power.-' The evidence, indicated that the defendant
could not show :that a reduction in the size of his sign would
jeopardize future business success.
It should not be assumed that every court would come to the
same conclusions as in the cases mentioned above. ` Their
decisions were, however, consistent with other courts' inter
-
pretations'of a hardship.' In the first case, the 'court found
that the maximum sign size limitation imposed an undue burden
on the-defendant'sbusiness and, therefore, declared the ordinance
invalid. The hardshi =.was shared by others which. oes_to the
seasonableness o 't a or finance enera an Iwi 1--not-'su ort
a variance as to one arce u on t o noun o ar s i n the
second case; --t a court_ oun _t a ma__mum.sign size regulation
valid because the `defendant could not demonstrate`conclusivel
that the ro er is ractica es roe or ria ecreased
in-=va ue.
1t apparently is the applicant's contention that 5.5 ft; high
attached drawing,
x 4 ft, wide letter panels, as shownonthe
are needed to be, plainly visible from `Highway 6` -Bypass.` However,
by'observation_of other establishments in the,K-Mart shopping
center, it is questionable whether 4 ft. high x<3 ft. wide
letter panels against a'contrasting background would not be
adequate. The -Liquor --Store and Fleetway signs, for example,
consisting of letters less than 4 ft. high, are clearly-
readible ata considerable distance away. The staff concludes
STAFF REP()irr
hoard Of adjustment
- Apri I 2 , _ 1975
Application submitted by
SUIT 1Ltl': Renner Tea Company for a
Code to construct
permitted therein, on a portion
variance in Section 8. 10. 35.9B.2 of -the Zoning
a sign` -of larger dimension than p
- ". cent to and containing the K -Mart
Of abuildinglocated adja
Discount Store.
'1'AFP Section 8. 10. 35.9B. Z of
S
--- the Zoning Code states:
ANALYSIS: facia sign
"one (1) on premises identificationand/or ait dvdoessnot exceed
shall be allowed (in the C2 Zone) provided Benner Tea Company
ten`percent'(10$):of the: area of the front wall of the building"
ro oses to construct a 470 sq. ft. sign -which is
As illustrated on the attached drawing, of the arca °f
(Giant Foods), P P, ercent--(10%) recently
232 sq. ft.. larger in size than ten p
the 100 ft. x 23.75 It. IfTont face cery-Storeof the building p
occupied by the A B
The Zoning Icode specifically states that the powers er the
Board are interpret the provisions of. this Chapter in such
a andway as will not be contrary to public interest: Tovisionsnofto
special cteclwillsresulteinlunnecessarythardshipof the p
enforcem and in such ' a
this Chapter irit Of his Chapter shall:be observed and
way that -the sp_ To grant a variance -on the basis
substantial':justice done". hardship necessitates a clear
of alleviating an unnecessary
understanding of the judicial courts'
interpretationof
a
hardship and the requisites for a variance on such ground,a`variance;
It is not enough to speak of hardship as authorizing of
zoning ordinance :imposes SOiim tiingeits use•
invariably every to which'it applied by compensated
for
ship' - on all property parcel of property are comp
The: restrictions each_,p ro erty, i;e,,' the _inability
;_in any way de -
by the restrictions on neighboring P P his
of each `property owner to develop his ,property ,
however profitable to him andatherfact that ahis sneigh
-
sired, is balanced by -
neighbors are concerned,
bor_'s property cannot be so;uointed aout thatudifficulties this
reason, cot are quick top ° to `the`-reasonableness_of the
hardships shared with others I will not support a variance as to one
generally Thus`, some exceptional and
ordinance g roundrof hardship:' parcel of
parcel upon the g unique to that p - is
undue hardship to the individual,bopty owners in the area,
propertyandnot shnrod by P P of such a variance.
essential prerequisite to ttc granting
i
JTZ 2
23. Do you think this city government
Please use this scala in answering
discriminates against women employees
questions 26 and 27:
or women applicants for -city Joba?--
(1) Yee --a great deal
1. Very satisfied
_'(2) Yes --some
(lo)
(3) No --not at all
2. Somewhat satisfied
(4) Have no idea -
dea3.:Don'tknow
3. Don't knowor no_opinion
-If you answered -"yes," in what ways
do you think the city discriminates?
4. Somewhat dissatisfied "
5. Very dissatisfied
-
-26. How satisfied or dissatisfied -�
--
are you with what these governments
are doing generally?-
'think
(13)
a• This city's government
24. bo you this city govern -
menl discriminates against its Negro
-(14)
b. The county government
(black)<employees or Negro applicants
(15)
c. The state government
for city Jobs?
(16)
d. The federal government`
(1) Yes --a great deal
--soma-
27. flow do you feel about the
(2) Yea
(11)
(3) -No --not at all
quality of these services in
(4) Have no, idea
your neighborhood?
Lf you answered "yes," in what ways
(17)
a. Public schools
do you think the city discriminates?
(18)
b. Parks and playgrounds
for children
-
(19)
c. Police protection
(20)
d- Garbage collection
(21)
Le. Street' maintenance
(22)
f., Snow removal
(23)
g• Regulation of parking
25. How would you prefer to be paid?
-- -
28. What was the last grade of--
_
(1) Weekly
school you completed?
(�)
(2) _Every, two weeks
(3) Twice a month
(1) Less than high-school, graduate
(4) Monthly
(24)
(2) High school graduate
(5) No preference
(3) Some college or some other
--- -
- --schooling after highschool___.
_
(4) 4 -year college degree
-
M Pnrsc than 4-ytar rn] L07R
(35-36)
29.
Where did you live most of the
33. What is your present marital
time
up to age 157_
status?
_
(1) Large metropolitan
(1) Married
(29) Widowed
(2 ).
areae (cities over 100,000)
(3 )Divorced or separated
(2) Suburban areas near.
_.
(4) Single
large cities
(25)
(3) Middle-sized cities (of
20,000-100,000, not
34. Do you own, are you buying,' - -
suburbs:
- or do:you rent the home -you
_
(4) Small cities
are living -in?
(5,000-201000)
`(5) In a rural area (includ-
(90) (1) Own
Ing;_ towns_ under 5,000,
(2) Buying
but not farms)-
(3) Renting
(6) On a farm or ranch
-
35. Estimate your total family income
30.
Where do you now live?
last year, including all sources such -
as rents, profits, wages, interests,
"(1) In: this --city - -
and so on. -
(26) —
(2) In a city or town nearby -
(1) Under $6,000
(3) On-farm or`in rural area
(2) $6,000-7,999
nearby
(31) (3) $8,000-9,999
31.
What to the main reason why
(4)"$109000-121499`
(5)'$12,500-14,999
you
live in'this'city or surround--
(6)1515,000-19 999;
',
ing
area? (Check one)
(7) $20-,000 or more
(27) -
(1) Born and raised here
(2) Moved here from another
-
36. What was the highest grade of
complete
place to be with familyd?
-
school either of your parents
or friends-
(1) Less than high school;; graduate
(3) Moved here to take a job
(2);High _school graduate
(or because spouse was
(32) (3) Some college or some
taking a job)
- other schooling after high
(4):other ...(please indicate):
- -- - school (for example,business... .-
_
school) -;
(4)"4 -year college degree
(5) More than 4 -Year college
- - -
- degree
32.
How many years have you spent
(6) Have no idea -
employed
full time by private bust-
— -
ness
or self-employed full time?-
37. When you were growing up, what
were your parents' main occupations?
(1) None
(28)
(2) Lees than 1 year
a. Father
(3) 1-2 years"
(33-34) -
_(4) 2-5 years,
(5) 5-10 years
(6) More than 10 years
b. Mother -
(35-36)
40. your
race?
(37-38) 38• Your year of
birth? (1)
-Caucasian (white)
sex?
(40) (2)_Negro
(black)
(39) 39• Your
— (3)
Indian
(1) Male
(4)
-- (5)
Chicano
Oriental
--"(2) Female
-- __
(6)
Other (please indicate):
41. What additional complaints, if any,
you work?
do you
"
have about the department in which
little apace,
as you _
Take as much space, or as
need to answer.
fringe benefits of city work
should -
42. What
be improved?
have any complaints about
this city
43. Do you
government in general?
Thank you for your cooperation. t
s ;
Iowa, City differs from the full sample in that the manual labor
kinds of ratings being given Iowa
City city work than are
given work inothercities.
First, let us compare thepercentages from -the various `
departments:
Iowa City
Full Sample
Central Administration
23.38
21.38
- Public Works
27.9
30.7
Police
11.6
17.3
Fire '
18.6
17.3
Enterprises
14.0
9.7
Paiks & Rec.
4.7
3.6
Totals
100.18
99.98
The Iowa City sample does appear
to be fairly
comparable to
the samples from the other cities
in terms of
the represen-
tation of particular departments.
Iowa City'. did have slightly,
more people from the enterprises
and slightly
less from -po- -
lice than did the full sample, but
the differences are not
great.
A slight noticeable difference
between the Iowa City
I
ample and the rest of the sample
does appear
when the propor-
tions from the major employee types;
are compared:
Iowa City;
Full Sample
Executive
9.38
17.28
Protective Services
30.2
29.9
Clerical
16.3
-17.5 ,
Manual Labor
_44.2
35.4 ,
Totals
100.08
100.02
Iowa, City differs from the full sample in that the manual labor