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HomeMy WebLinkAboutBOA Packet 3.13.19IOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, March 13, 2019 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Nomination and selection of Board Chair and Vice Chair D. Special Exception Item 1. EXC18-00008: An application submitted by Linda Annis for a special exception to allow for a buildable, non-conforming lot in the Low Density Single-Family (RS-5) zone single-family zone located between 409 & 415 Kimball Road in order to build a single family home. E. Review Board Procedures F. Consider the December 12, 2018 minutes G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, April 10, 2019 If you will need disability-related accommodations in order to participate in this meeting, please contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. 1 STAFF REPORT To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner Item: EXC18-00008 Date: February 13, 2019 409 Kimball Rd Parcel Number: 2015023 GENERAL INFORMATION: Applicant/Property Owner: Linda Annis 409 Kimball Road (319) 335-1029 Requested Action: Special Exception to allow for a buildable, non-conforming lot Purpose: To allow the construction of a single-family home Location: Vacant lot between 409 & 415 Kimball Road Location Map: Size: 12,935 square feet Existing Land Use and Zoning: Vacant, Low Density Single Family Residential (RS-5) Surrounding Land Use and Zoning: North: Residential, Low Density Single Family Residential (RS-5) East: Residential, Low Density Single Family Residential (RS-5) 2 South: Residential, Low Density Single Family Residential (RS-5) West: Residential, Low Density Single Family Residential (RS-5) Applicable Code Sections: 14-4E-7F, Regulation of Non-Conforming Lots; 14-4B-3A, Approval Criteria for Special Exceptions File Date: December 11, 2018 BACKGROUND: In 2015, the owner and applicant, Linda Annis, applied for and was granted by the City a division that resulted in the creation of a non-conforming lot between 409 & 415 Kimball Road. This lot is considered non-conforming due to the lot width, defined as “the length of the front setback line”, which in the Low Density Single-Family Residential zone (RS-5) is measured at fifteen feet (15’) back from the right-of-way. The subject property is less than that at approximately fifty feet (50’) at the front setback line. According to the Iowa City Municipal Code, the minimum lot requirements are in place to “ensure that a lot is of a size, width, and frontage that is appropriate for the uses permitted in the subject zone and will ensure, in most cases, that the other site development standards of this title can be met.” In the Low Density Single-Family Residential zone (RS-5) zone, the minimum lot width requirement is sixty feet (60’) as measured at the front setback line. The lot width is different than the lot frontage, which is defined as “the continuous width of a lot measured along the street right-of way line.” The minimum lot frontage in the RS-5 zone is forty- five feet (45’). The subject lot meets that minimum lot frontage requirement. The applicant is seeking a Special Exception to establish a legal non-conforming lot in order to allow development of a single-family home.1 The zoning code regulations for non-conforming lots allow a special exception for such circumstances: In cases where two (2) or more abutting lots of record have become in single ownership and are deemed a single parcel as set forth in subsection E of this section, the board of adjustment may grant a special exception to re-establish a lot of record previously combined with an adjacent lot in order to allow a single-family dwelling and accessory buildings to be installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot area or lot width, provided all of the following conditions are met: 1. Granting of the requested exception results in appropriate, compatible development with surrounding residential development; 2. The dwelling must be located on a lot of record that is at least forty feet (40') in width; and 3. The request meets all other standards and requirements of this title, including setback and frontage requirements. 1 In December 2018, the City approved a lot line adjustment to convey some of the land from the vacant lot to 409 Kimball to create a more rectangular shaped lot. 3 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 14-4E-7F, pertaining to the regulation of non-conforming lots, as well as the General Standards laid out in Section 14-4B-3. Each criterion must be met, and the burden of proof is on the applicant to provide evidence in support of approval of each criteria. 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: 14-4E-7F: Regulation of Non-Conforming Lots F. In cases where two (2) or more abutting lots of record have become in single ownership and are deemed a single parcel as set forth in subsection E of this section, the board of adjustment may grant a special exception to reestablish a lot of record previously combined with an adjacent lot in order to allow a single-family dwelling and accessory buildings to be installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot area or lot width, provided all of the following conditions are met: 1. Granting of the requested exception results in appropriate, compatible development with surrounding residential development; FINDINGS: • The area along Kimball Road developed with only single-family homes between the late 1800’s to the late 1900’s which resulted in a diverse neighborhood in terms of home styles and sizes. • The area is also diverse in terms of lot sizes, shapes, and existing setbacks which range from approximately thirteen feet (13’) to over two-hundred feet (200’) along Kimball Road. • There are also other lots with lot widths less than sixty feet (60’) such as 445 Kimball Road which is approximately thirty-six feet (36’) at the front setback line and, 502 & 507 Kimball Road which are both approximately fifty-two feet (52’) at the front setback line (Attachment 7). • Due to the diversity in the neighborhood with respect to lot widths and front setbacks, allowing this non-conforming lot to be buildable would not be out of character. • The property is sufficiently wide to allow a standard single-family home (of similar size to others in the immediate vicinity) to be constructed that meets all setbacks (front, side, and rear) with the minimum driveway length of 25 feet. • A staff recommendation that the home on this lot must be built no further than 45 feet from the front lot line in order to maintain a consistent setback with the single-family developments on the two adjacent lots. 4 2. The dwelling must be located on a lot of record that is at least forty feet (40') in width; and FINDINGS: • This lot is a lot of record and the plat of survey was recorded May 15, 2015. • The lot width is approximately fifty feet (50’) measured at the front setback line (15 feet from the right-of-way). 3. The request meets all other standards and requirements of this title, including setback and frontage requirements. FINDINGS: • The only non-conforming part of this property is the lot width. All other dimensions meet the minimum requirements. • The lot area requirement is met as the minimum is 8,000 square feet and the subject lot is 12,935 square feet. • The lot frontage is forty-five feet (45’) and meets the minimum requirement of forty- five feet (45’). • A driveway must meet the required minimum depth of 25 feet, which is possible on this lot. • The lot is sufficiently wide at the setback line to meet or exceed all other setback requirements. The purpose of setback requirements, as stated in the zoning code is as follows: o Maintain light, air, separation for fire protection, and access for firefighting; o Provide opportunities for privacy between dwellings; o Reflect the general building scale and placement of structures in the city's neighborhoods; o Promote a reasonable physical relationship between buildings and between residences; and o Provide flexibility to site a building so that it is compatible with buildings in the vicinity. General Standards: 14-4B-3: Special Exception Review Requirements: In order for the Board of Adjustments to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • It is possible to build a home to zoning code standard and meet all setback requirements to allow for fire protection and fire separation • Public Works Staff has determined that the addition of a driveway curb cut on this lot is appropriate subject to all access standards. • Transportation Planners reviewed the location for a driveway on the vacant lot and determined that visibility is clear for approximately 400 feet to the west (near driveway for 311 Kimball Road) and 300 feet to the east (near driveway for 421 Kimball Road). Based on the 25-mph speed limit on Kimball Road, the recommended 5 sight distance from the American Association of State Highway and Transportation Officials would be met. 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: • All dimensions of the lot, aside from the lot width, are conforming. • The lot width is only ten feet (10’) less than what is required in an RS-5 zone. • The only use allowed as a permitted use on this lot is a single-family home, which is consistent with the residential character of the neighborhood and the purpose of the zone. • The lot is of sufficient width to build a home with front, side, and rear setbacks consistent with other homes in the immediate vicinity and that meet or exceed the minimum requirements. • In order to preserve the sense of rear yard privacy and seclusion enjoyed by the property owners of 409 & 415 Kimball Road, staff recommends that any house built on the vacant lot be built no further than forty-five feet from the right-of-way in order to establish a front setback and building placement that is consistent with the two immediately adjacent homes. • In order to reduce imposition on the property at 409 Kimball Road, staff recommends a condition that prohibits the construction of any structure such as a wall, fence or driveway in the sightline of the house on 409 Kimball. This is approximately 15 feet east of the point of beginning referenced on the 2015 plat of survey and approximately 34 feet from the right-of-way. The sightline is shown on the diagram below 6 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. FINDINGS: • This neighborhood has developed with a variety of home styles and setbacks. • The lot provides adequate width and space to allow development of a single-family home with a front setback that is consistent with the two adjacent lots (i.e. it is not necessary or desirable to set the home significantly further back from the road than the adjacent homes). • Granting this special exception will not diminish the opportunity for surrounding properties to make improvements or to be further developed for uses allowed in the RS-5 zone. • Allowing the development of another single-family residence will not change the character of the neighborhood significantly. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The neighborhood along Kimball Road has been developed with utilities, access roads, and all other necessary facilities. • Public Works Staff confirmed that the lot has access to public water and sanitary sewer. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • As the proposed lot is not on an arterial street, one additional curb cut and home will not significantly impact traffic in this area. According to the Metropolitan Planning Organization of Johnson County, Kimball Road can handle up to 12,000 trips per day. The most recent traffic counts, taken in 2014, show that Kimball Road has about 1,240 vehicle trips per day. The addition of one single family home would add approximately 10 or fewer trips per day. • There is adequate room for a driveway on the proposed lot. Driveways must be constructed to City Design Standards which require that: o Driveways be at least twenty-five feet (25’) in length between the entrance to the garage or carport and the street right-of-way o Hard-surface drives must be set back at least three feet (3’) from any side or rear lot line. o Along local and collector streets, there must be at least six feet (6’) between curb cuts measured at the curb line. o For properties with a single access point, the maximum driveway width is twenty-four feet (24’) measured at the property line, and thirty feet (30’) measured at the curb line. 7 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: • The only non-conforming aspect of this lot is the lot width. All other dimensional requirements including lot area are conforming. • Any single-family development on this site will be reviewed to ensure compliance with all other zoning regulations. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan calls for compatible infill development that adds diversity and character to neighborhoods. This would allow for infill of a vacant lot. • The North District Plan calls for retaining the predominately single-family residential character of existing neighborhoods, and allowing this special exception would restrict development of this lot to single-family development. CORRESPONDANCE RECEIVED: Staff received letters of opposition from neighbors at 311 Kimball Road and 415 Kimball Road, as well as a letter prepared by the neighbors at 401 Kimball Road and signed by surrounding neighbors (Attachments 8, 9, & 10). The applicant, Linda Annis, also provided staff a letter disputing some of the information included in neighbor opposition letters, as well as a copy of the release of purchase agreement between Linda and the owners of 415 Kimball (Attachments 11 &12). All correspondence has been included as attachments. STAFF RECOMMENDATION: Staff recommends approval of EXC18-00008 to make the lot between 409 & 415 Kimball buildable for a single-family home with the following conditions: 1. The home on the lot must be built no further than 45 feet from the front lot line in order to maintain a consistent setback with the single-family developments on the two adjacent lots. 2. No structures (e.g. fence, wall, driveway) may be built within the sightline of the existing house on 409 Kimball Rd. nor should the driveway extend into this area. The sightline is approximately fifteen feet (15’) east of the 409 Kimball Rd parcel point of beginning, as referenced from the 2015 plat of survey and approximately 34 feet from the right-of-way as shown below. 8 ATTACHMENTS 1. Location Map 2. Zoning Map 3. Application Materials 4. 2015 Division 5. 2018 Boundary Line Adjustment 6. Special Exception Exhibit 7. Lots less than 60’ (map) 8. 311 Kimball Letter of Opposition 9. 415 Kimball Letter of Opposition 10. Neighborhood Letter of Opposition 11. Annis Rebuttal 12. Release of Purchase Agreement Approved by: _________________________________ Danielle Sitzman, Development Services Coordinator Department of Neighborhood and Development Services 409 KIMBALL RD 415 KIMBALL RD KIMBALL RDN DODGE STN GOVERNOR STEXC18-00008Vacant Lot Between 409 & 415 Kimball Roadµ 0 0.035 0.070.0175 Miles Prepared By: Luke FoelschDate Prepared: Feb. 2019 An application submitted by Linda Annis fora Special Exception to make buildable anon-conforming lot located between 409and 415 Kimball Road. 409 KIMBALL RD 415 KIMBALL RD KIMBALL RDN DODGE STN GOVERNOR STRS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8RS8 RS8 RS8 RS8 RS5 RS5 RS5 RS5 RS8 RS5 RS5 RS5 RS8 RS8 RS8 RS8 RS8 RS8 RS5 RS8 RS8 RS5 RS5RS5 RS5 RS5RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5RS5RS5 RS5 RS8 RS8 RS8 RS5 RS5 RS5 RS5 RS5 RS5 RS8 RS8 RS8 RS8 RS5 RS8 RS5 RS8 RS5 RS12 RS5 RS5 RS8 RS8 RS8 EXC18-00008Vacant Lot Between 409 & 415 Kimball Roadµ 0 0.035 0.070.0175 Miles Prepared By: Luke FoelschDate Prepared: Feb. 2019 An application submitted by Linda Annis fora Special Exception to make buildable anon-conforming lot located between 409and 415 Kimball Road. 13,000 SF RELEASE FROM PURCHASE (This form approved by the Iowa City Area Association of REALTORS®) This RELEASE FROM PURCHASE is entered into by and between _____________________________________________________________________ (the “Sellers”) and ________________________________________________________________________ (the “Buyers”). Buyers and Sellers entered into that certain Purchase Agreement dated the ______day of ____________________, 20____ for real estate locally known as: _______________________________ _____________________________________________________________(the “Purchase Agreement”) Sellers and Buyers hereby terminate the Purchase Agreement effective immediately and release each other, the Sellers’ broker, ________________________________________, and the Buyers’ broker, ____________________________________, from any and all obligations under the Purchase Agreement. The parties agree to hold each other, and their respective brokers, harmless from any claims of any nature whatsoever based on any of the terms conditions or obligations contained in the Purchase Agreement. The reason(s) this transaction failed includes, but is not limited to: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ The Earnest Money Buyers paid pursuant to the Purchase Agreement shall be released as follows: $_________________ to Buyers $_________________ to Sellers $_________________ to pay the following costs incurred to date: $_________________ due to ____________________________. $_________________ due to ____________________________. Dated this ____day of ______________, 20___ Dated this ____day of ______________, 20___ BUYERS: SELLERS: _________________________________________ _________________________________________ _________________________________________ _________________________________________ Rvsd 6/09 Linda Annis Cynthia M Farthing and Frederick J Boehmke 28th November 18 409 Kimball, 18, Iowa City, IA 52245 Blank & McCune, The Real Estate Co., Inc. Lepic-Kroeger, REALTORS (LKR) Contingencies were not met. 1,000.00 31s December 18 dotloop verified 12/31/18 12:46 PM CST dotloop verified 12/31/18 12:50 PM CST GC0M-BTOJ-U974-7HZH dotloop signature verification: dtlp.us/3xIc-5OJ6-Rxl6 Date: March 13, 2019 To: Board of Adjustments From: Jesi Lile, Associate Planner, Neighborhood & Development Services Re: Late Public Comment Letter Received On Friday February 8, 2019, the agenda packet for the Board of Adjustments meeting scheduled for Wednesday February 13, 2019 was published online and sent to board members. This packet included a staff report, application, and all public comment received up to that point for EXC18-00008, a special exception to allow for a buildable, non-conforming lot between 409 and 415 Kimball Road. On Wednesday, February 13, 2019, staff received another public comment letter about this case. This letter is included in the packet for the March 13, 2019 meeting where EXC18-00008 will be heard by the board. Attachments: 1. Letter from 406 Kimball Rd 406 Kimball Rd Iowa City IA 52245 February 13, 2019 To: Board of Adjustment City of Iowa City To Whom It May Concern: I am owner and 25-year resident at 406 Kimball Road. My neighbor across the street at 409 Kimball Rd has requested a special exemption as follows: Special Exception Item 1. EXC18-00008: An application submitted by Linda Annis for a special exception to allow for a buildable, non-conforming lot in the Low Density Single-Family (RS-5) zone single-family zone located between 409 & 415 Kimball Road in order to build a single family home. I strongly oppose the proposed exemption for the following reasons: - SAFETY a new build would require a driveway crowded between the existing drives at 409 and 415. Three drives so close together create a traffic hazard on a street on which residents ongoingly petition the city for speed mitigation measures. The drive at 409 is blind to oncoming westbound traffic; a second drive to the east would further reduce line of sight. - ENVIRONMENT I am concerned that digging into the hill to improve the lot for construction will further destabilize the soil and add to erosion. My home is in a direct line from eroding soil and rainwater that would result from construction at the proposed site. -PROPERTY VALUES/ESTHETICS A newly built house on this lot would need to be situated significantly differently from current neighborhood norms, not to mention that the owner of 409 will not even have a full front yard. The exemption sets a negative precedent for the city and asks too much of the current residents. Thank-you for considering my considerable opposition to the proposed special exemption. Yours truly, Mary F Lukas MINUTES PRELIMINARY BOARD OF ADJUSTMENT DECEMBER 12, 2018 – 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Ryan Hall, Tim Weitzel MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Sarah Walz, Jesi Lile OTHERS PRESENT: CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Walz announced the member Bryce Parker was deployed to Germany and therefore has resigned his position on the Board. The City Council has selected one new member (to replace Chrischilles), Amy Pretorius, and they will now have to select another member to replace Parker. Walz noted in January they will do some Board training since there will be two new members. At the January meeting they will also nominate a new Chair and Vice Chair, traditionally they have gone with seniority which would make Goeb the new Chair and Weitzel the Vice Chair but that can be changed and it will be discussed next month. A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE AUGUST 18, 2018 MINUTES: Goeb moved to approve the minutes of August 18, 2018. Weitzel seconded the motion. A vote was taken and the motion carried 4-0. REVIEW BOARD PROCEDURES: Walz explained that every year they review the Board procedures and noted there were some updates that were made in 2018 like language changes (i.e. the name of the Neighborhood Services Office). Walz handed out current Board procedures and asked the Board to review and noted Staff are not requesting any updates or changes at this time. Walz said another recent update had been to clarify the recusal process and how that works as well as if somebody wanted to abstain from a vote. Chrischilles said he reviewed the document and doesn’t see anything that needs updating. Board of Adjustment December 12, 2018 Page 2 of 2 Weitzel agreed. Hall noted he doesn’t think the document online is the updated version as it is dated 2012 and Walz said that would be corrected. Hall said the information regarding the temporary alternate for the Board is not in the document online. Dulek said that is not in the Rules of the Board but rather in the City Code and was codified by ordinance. Chrischilles noted that when his term is done he is willing to be on the alternate list when needed. Dulek stated the language regarding the alternate that is in the City Code could be added to the end of the Board Procedures document as well. STAFF ANNOUNCEMENTS: Walz said they have one application they are working on they believe will be ready for the January meeting. Dulek noted the application will have a conflict with their office so the Board will be represented by Ryan Moss who is an Assistant County attorney. Dulek stated in the past when there was a conflict with the City Attorney’s office they would hire outside council but the decision has been made to now use the City of North Liberty attorney or Johnson County Attorney’s office. Walz thanked Chrischilles for his service on the Board and presented him with a certificate. Walz introduced Jessica Lile who will be the staff contact for the Board moving forward. ADJOURNMENT: Goeb moved to adjourn this meeting. Weitzel seconded. A vote was taken and the motion passed 4-0