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2023-03-08 BOA Agenda Packet
IOWA CITY BOARD OF ADJUSTMENT Wednesday, March 8, 2023 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Nomination and selection of Board Chair and Vice Chair 4. Appeal Item a. APL23-0001: An appeal submitted by the Chi Omega Sorority House to overturn a decision of the Historic Preservation Commission denying a Certificate of Appropriateness in a Conservation Overlay (OCD) zone for window replacement at 804 Iowa Avenue: alleging that the decision did not reasonably consider all the facts in the past history of improvements to the building . 5. Special Exception Items a. EXC23-0001: An application submitted by JAM Investments of Iowa City requesting a special exception to allow a new drive-through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. b. EXC23-0002: An application submitted by the Domestic Violence Intervention Program requesting a special exception to allow a Community Service – Shelter use in an Intensive Commercial (CI-1) zone for a new emergency shelter at 612 Olympic Court. 6. Consideration of Meeting Minutes: December 14, 2022 7. Board of Adjustment Announcements 8. Adjournment If you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319 -356-5247 or at klehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: April 12 / May 10 / June 14 Informal: Scheduled as needed. March 8, 2023 Board of Adjustment Meeting APL23-0001 ITEM 4A ON THE AGENDA Coversheet Prepared by Staff 1 COVER SHEET To: Board of Adjustment Item: APL23-0001 Parcel Number: 1010410014 Prepared by: Kirk Lehmann, Associate Planner Date: March 8, 2023 GENERAL INFORMATION: Applicant(s): Lynette Lancial, President and Nancy Foster, Treasurer Chi Omega House Corporation Contact: James Phelps Streamline Architects 1210 Highway 6, Suite 400 Iowa City, IA 52246 Property Owner(s): Chi Omega Sorority 3 Cottage Grove Drive NE Iowa City, IA 52240 Requested Action: To overturn a decision of the Historic Preservation Commission to deny a Certificate of Appropriateness in a Conservation Overlay (OCD) Zone. Purpose: To replace ground floor windows. Location: 804 Iowa Avenue Location Map: Size: 13,800 square feet 2 Existing Land Use and Zoning: Residential; High Density Multi-Family Residential with a Conservation District Overlay (OCD/RM-44) Surrounding Land Use and Zoning North: Residential; High Density Multi-Family Residential with a Conservation District Overlay (OCD/RM-44) East: Residential; High Density Multi-Family Residential (RM-44) South: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-20) West: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-20) Applicable Code Sections: 14-8E-2C: Historic Review Appeals File Date: January 26, 2023 ATTACHMENTS: 1. Staff Materials 2. Location & Zoning Maps 3. Correspondence 4. Appeal Application March 8, 2023 Board of Adjustment Meeting APL23-0001 ATTACHMENT 1 Staff Materials Prepared by Staff Date: March 2, 2023 To: Board of Adjustment From: Jessica Bristow, Historic Preservation Planner Re: APL23-0001:804 Iowa Avenue Introduction: At the January 12, 2023 meeting of the Historic Preservation Commission, the Commission denied the application to replace 11 double-hung windows, 6 window transoms and two sidelights at 804 Iowa Avenue (Chi Omega House). The Commission’s denial is being appealed. At the same meeting the Commission approved an alternative scope of work that replaced one non-historic double-hung window and repaired the remaining windows as needed. This alternative approval is not under appeal. Background: I met with the owner’s architect, Jeff Portman of Streamline Architects, at 804 Iowa Avenue on September 15, 2022 to discuss the upcoming project. Windows were discussed and viewed from the outside. Staff and the architect went inside to view the condition of the windows. We both noted that the windows were not deteriorated though three sash cords had been broken. On December 15, 2022 Sarah Campbell of Whaley Campbell Design left a voice message for staff about the project. I returned the call and told Campbell that an application for historic review had not been submitted for the project. I explained the review process including the fact that window replacement can be an item that is reviewed and approved by staff only when windows are documented as deteriorated for replacement. When such documentation is not available, staff review is not possible, and the project is instead reviewed by the full Commission. An application for historic review was submitted on December 20, 2022. On January 12, 2023 two staff members visited the property to fully document the windows and note their condition. Guidelines: 804 Iowa Avenue is a contributing property in the College Hill Conservation District and Sections 14-3B-3 and 14-8E-2 of the City Code require approval by staff or the Commission to replace windows. As stated earlier, Commission review was required because staff determined the windows were not deteriorated. When considering window replacement, the Commission (and staff) follows the Secretary of the Interior’s Standards for treatment of historic buildings. These standards are incorporated in the Iowa City Historic Preservation Handbook as the guidelines adopted by City resolution for the Commission to use in reviewing review applications. The window excerpts of the Secretary of the Interior’s Standards and the Iowa City Historic Preservation Handbook are attached. The guidelines recognize that windows are an important element of a historic building and should be preserved when possible. Documentation of deterioration is required in order for the Commission (or staff) to approve replacement windows. Condition of Windows: Prior to the application, the windows were reviewed by the owner’s architect and me. Later, an experienced City housing inspector and I visited the property to March 1, 2023 Page 2 examine the windows. We found that although the windows are in need of routine maintenance, including some repainting, some putty repair and rope replacement, the overall condition of the windows is good. It was also noted that the windows had weather-stripping installed. Window trim separation did not impact the windows. Concerns about ease of operation can be addressed by replacement of broken sash cords. Concerns about energy efficiency can be addressed by repair or replacement of storm windows which all historic windows should have installed. Concerns about peeling paint can be addressed by a painting contractor. Replacement Windows: When the Commission does find that window sashes are in deteriorated condition, new sashes that match the historic ones are allowed. The proposed windows for the front door sidelight replacement would not have matched the existing windows or the historic rendering of the front of the building and therefore would not meet the requirements even if the historic windows were found to be in need of replacement. Commission Findings: Based on the information submitted by the applicant and the two City staff reviews of the windows, the Commission found that the windows were not in deteriorated condition and should be repaired rather than replaced. One window on the west side of the building was found to be not historic and did not match the historic windows. The Commission approved the replacement of this window in the alternate approval to repair the historic windows. Attachments: Secretary of the Interior’s Standards for the treatment of historic properties (excerpt) Iowa City Historic Preservation Handbook (excerpt) Staff report for the project as included in the January 12, 2023 meeting agenda packet Powerpoint presentation from the January 12, 2023 meeting (excerpt) Denial of Certificate of Appropriateness Alternate Certificate of Appropriateness Historic Preservation Commission meeting minutes January 12, 2023 THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES WITH GUIDELINES FOR PRESERVING, REHABILITATING, RESTORING & RECONSTRUCTING HISTORIC BUILDINGS U.S. Department of the Interior National Park Service Technical Preservation Services Under the National Historic Preservation Act (NHPA), the Secretary of the Interior is responsible for establishing professional standards and for providing guidance on the preservation of the nation’s historic properties. The Secretary of the Interior’s Standards for the Treatment of Historic Properties apply to all grants-in-aid projects assisted through the Historic Preservation Fund (authorized by the NHPA) and are intended to be applied to a wide variety of resource types, including buildings, sites, structures, objects, and districts. The Standards address four treatments: preservation, rehabilitation, restoration, and reconstruction. The treatment Standards, developed in 1992, were codified as 36 CFR Part 68 in the July 12, 1995, Federal Register (Vol. 60, No. 133). They replaced the 1978 and 1983 versions of 36 CFR Part 68, entitled The Secretary of the Interior’s Standards for Historic Preservation Projects. The revised Guidelines herein replace the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, published in 1995 to accompany the treatment Standards. The Secretary of the Interior’s Standards for the Treatment of Historic Properties are regulatory only for projects receiving Historic Preservation Fund grant assistance and other federally-assisted projects. Otherwise, these Guidelines are intended to provide general guidance for work on any historic building. Another regulation, 36 CFR Part 67, focuses on “certified historic structures” as defined by the Internal Revenue Service Code of 1986. The Standards for Rehabilitation cited in 36 CFR Part 67 should always be used when property owners are seeking certification for federal tax benefits. THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES WITH GUIDELINES FOR PRESERVING, REHABILITATING, RESTORING & RECONSTRUCTING HISTORIC BUILDINGS Revised by Anne E. Grimmer from The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings Kay D. Weeks and Anne E. Grimmer (1995) U.S. Department of the Interior National Park Service Technical Preservation Services Washington, D.C. 2017 PRESERVATION WINDOWS RECOMMENDED NOT RECOMMENDED Identifying, retaining, and preserving windows and their func-Altering windows or window features which are important in defin tional and decorative features that are important to the overall ing the historic character of the building so that, as a result, the historic character of the building. The window material and how character is diminished. the window operates (e.g., double hung, casement, awning, or hopper) are significant, as are its components (including sash, Changing the appearance of windows that contribute to the historic muntins, ogee lugs, glazing, pane configuration, sills, mullions, character of the building by replacing materials, finishes, or colors casings, or brick molds) and related features, such as shutters. which noticeably change the sash, depth of reveal, and muntin con figuration; the reflectivity and color of the glazing; or the appear ance of the frame. Obscuring historic wood window trim with metal or other material. Stabilizing deteriorated or damaged windows as a preliminary measure, when necessary, prior to undertaking preservation work. Failing to stabilize deteriorated or damaged windows as a prelimi nary measure, when necessary, prior to undertaking preservation work. Protecting and maintaining the wood or metal which comprises Failing to protect and maintain materials on a cyclical basis so that the window jamb, sash, and trim through appropriate surface deterioration of the window results. treatments, such as cleaning, paint removal, and reapplication of the same protective coating systems. Protecting windows against vandalism before work begins by covering them and by installing alarm systems that are keyed into local protection agencies. Leaving windows unprotected and subject to vandalism before work begins, thereby also allowing the interior to be damaged if it can be accessed through unprotected windows. Installing impact-resistant glazing, when necessary for security, so that it is compatible with the historic windows and does not damage them or negatively impact their character. Installing impact-resistant glazing, when necessary for security, that is not compatible with the historic windows and damages them or negatively impacts their character. Making windows weathertight by recaulking gaps in fixed joints and replacing or installing weatherstripping. Replacing windows rather than maintaining the sash, frame, or glazing. Protecting windows from chemical cleaners, paint, or abrasion during work on the exterior of the building. Failing to protect historic windows from chemical cleaners, paint, or abrasion when work is being done on the exterior of the building. Protecting and retaining historic glass when replacing putty or repairing other components of the window. Failing to protect the historic glass when making repairs. 46 WINDOWS PRESERVATION [11] Old and brittle glazing putty should be removed carefully before reputtying to keep window glazing weathertight. [10] Historic exterior storm windows preserve and help to insulate wood windows. WINDOWS 47 PRESERVATION WINDOWS RECOMMENDED NOT RECOMMENDED Sustaining the historic operability of windows by lubricating fric tion points and replacing broken components of the operating system (such as hinges, latches, sash chains or cords) or replac ing deteriorated gaskets or insulating units. Failing to maintain windows and window components so that win dows are inoperable, or sealing operable sash permanently. Failing to repair and reuse window hardware such as sash lifts, latches, and locks Adding storm windows with a matching or a one-over-one pane configuration that will not obscure the characteristics of the his toric windows. Storm windows improve energy efficiency and are especially beneficial when installed over wood windows because they also protect them from accelerated deterioration. Protecting adjacent materials when working on windows. Failing to protect adjacent materials when working on windows. Evaluating the overall condition of windows to determine whether more than protection and maintenance, such as repairs to win dows and window features, will be necessary. Failing to undertake adequate measures to ensure the protection of windows. Repairing window frames and sash by patching, splicing, consoli dating, or otherwise reinforcing them using recognized preserva tion methods. Removing window frames or sash that could be stabilized, repaired, and conserved, or using untested consolidants, improper repair techniques, or untrained personnel, potentially causing furthur damage to historic buildings. Using corrosion-resistant roof fasteners (e.g., nails and clips) to repair a roof to help extend its longevity. The following work is highlighted to indicate that it represents the greatest degree of intervention generally recommended within the treatment Preservation, and should only be considered after protection, stabilization, and repair concerns have been addressed. Limited Replacement in Kind Replacing in kind extensively deteriorated or missing components of windows when there are surviving prototypes, such as frames or sash, or when the replacement can be based on documentary or physical evidence. The new work should match the old in material, design, scale, color, and finish. Replacing an entire window when limited replacement of deterio rated or missing components is appropriate. Using replacement material that does not match the historic window. 48 WINDOWS Iowa City Historic Preservation Handbook A resource for historic Iowa City ADOPTED SEPTEMBER 7, 2010 Iowa City Historic Preservation Commission Contains guidelines for the historic review of propertfes in historic and conservatfon districts and historic landmarks; an explanatfon of the historic preservatfon process and regulatfons; and informatfon about best practfces for historic property owners. Goosetown /Horace Mann Conservation District & Jefferson Street Historic District maps added 7/22/2015. 31 Iowa City Historic Preservatfon Handbook 4.0 Guidelines for Alteratfons Installing chain link, wire mesh or rail fences in locatfons highly visible from the street. Sidewalks, Streets, and Walls Replacing historic brick paving with concrete. Vegetatfon Removing mature trees, unless tree is causing damage to a building, is diseased, or is structurally unsound, as determined by a professional arborist. Exception For more informatfon on exceptfons to the Iowa City Guidelines, please refer to sectfon 3.2. 4.13 Windows Head Casing Muntin Bars Light/pane Sash Sill street to garages or parking at the rear of the property should be one lane in width, but can be widened toward the back of the lot to provide access to multf-stall garages or parking spaces. Disallowed: Fences Removing historic metal fences. Parking Providing parking spaces between the primary structure and the street. Vehicular Access Adding curb cuts and driveways from the street when access is available from an alley. Not Recommended: Fences Windows are one of the most important elements that define a building’s architectural character. Important window characteristfcs and elements include the window type, size, proportfon, trim— lintels, sills, decoratfve hoods and pediments, pattern of divided lights, mullions, sash and decoratfve glass. Most often, historic windows are double-hung, but casements were occasionally used. Except for small decoratfve windows, historic windows are generally taller than they are wide, and the lower and upper floor windows are often aligned vertfcally. The Commission recommends repair of historic windows before replacement is considered, and requires documentatfon of the extent of deterioratfon in order to approve replacement of windows. Recommended: Attic Windows, Vents, Window Air-Conditfon Units and Other Similar Openings Preserving historic attic windows, their trim and installing traditfonal wood vents. Locatfng new attic openings in a manner that is compatfble with the historic window pattern. Locatfng window air-conditfoning units on a building elevatfon which is not highly visible from the street. Historic Windows Preserving the historic windows by repairing sashes and frames. Retaining historic window frames and replacing badly deteriorated sashes with new sashes that match the historic ones. New Windows Adding windows that match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows. Adding new windows in a locatfon that is consistent with the window pattern of the historic building or buildings of similar architectural style. (Continued on page 32) 32 4.0 Guidelines for Alteratfons Iowa City Historic Preservatfon Handbook Outbuilding Windows Windows on outbuildings should be relatfvely small and rectangular or square. Relocatfon and Closing Window Openings If an opening is to be relocated, it should not detract from overall fenestratfon pattern. If an opening is to be closed on a brick structure, it should be recessed to express the original opening and lintels and sills should be maintained. On a framed structure, appropriate siding that matches the existfng should be used with its members being placed across and randomly extended beyond the opening. Replacement Windows Replacing badly deteriorated windows with new ones that match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows. Using new wood windows to replace deteriorated historic wood windows, although the use of metal-clad, solid-wood windows is acceptable. All replacement windows and trim must accept paint. Typically, sashes will be finished in a dark color, either black or dark green. Divided lights may be true or simulated. Simulated divided lights may be created with muntfn bars that are permanently adhered to both sides of the glass, preferably with spacer bars between the panes of insulatfng glass. Replacing a bedroom window, if required for egress by the Building Code, with a new one that matches the size, trim, use of divided lights, and overall appearance. Storm Windows and Shutters Installing traditfonal wood storm windows Typical window types: Double Hung window Awning window Casement window Slider window and screens on older buildings. Storms should fit the opening exactly, without the use of spacers. Installing wood-frame combinatfon storm windows with screens that resemble traditfonal wood storm windows. The use of metal-clad, wood-frame combinatfon storm windows is acceptable. Storm windows must accept paint and should be painted the same color as the sash of the main windows, preferably black. Any new shutters should be proportfonate so that they cover the windows if closed. The shutters should be compatfble with the style of the historic house and should be louvered or paneled wood constructfon. Disallowed: New and Replacement Windows Installing modern types of windows including sliding, awning, casement, and bay windows when they were not original to the building, consistent with the architectural style, or required for egress. Installing metal, vinyl-clad or vinyl windows on primary structures or on contributfng outbuildings when they were not original to the building. Using between-the-glass grilles or snap-in grilles to achieve the appearance of divided lights. Introducing new window openings into primary elevatfons. Shutters Installing shutters on windows on a structure that did not historically have shutters. Exception In order to provide flexibility for certain changes and certain propertfes, the Commission has documented a number of exceptfons to the Iowa (Continued on page 33) 33 Iowa City Historic Preservatfon Handbook 4.0 Guidelines for Alteratfons City Guidelines. Projects requiring the exceptfons corresponding to the property type listed below may be approved by the Preservatfon Planner or Preservatfon Planner and Chair. Projects requiring exceptfons to the guidelines that are not listed may be considered by the full Commission under major review. The Commission is afforded flexibility when reviewing applicatfons in order to arrive at historically and architecturally appropriate solutfons in cases where a proposed constructfon project does not significantly affect the architectural character of a historic structure. In deciding on a project requiring an exceptfon to the guidelines, the Commission may find guidance in the additfonal guidelines, outlined in sectfon 3.2. When approving a project requiring an exceptfon, the Commission shall identffy the guideline(s) for which the exceptfon is being made, and the ratfonale for the exceptfon. For more informatfon on exceptfons to the Iowa City Guidelines, please refer to sectfon 3.2. Applies to All Propertfes New and Replacement Windows Fiberglass windows may be considered for basement windows with moisture problems. Modern window types may be considered on a case-by-case basis in situatfons where multfple window types exist on a building. Glass block may be considered in situatfons where the glass would not be visible from the street, or where privacy issues exist. Change in window size may be allowed for egress requirements. The change of window size should be considered a last resort. Applies to Non-Historic Propertfes in all Districts New and Replacement Windows Vinyl or vinyl-clad wood windows may be considered for replacement windows provided they match historical proportfons. Applies to Noncontributfng and Non- Historic Propertfes in all Districts Outbuilding Windows Vinyl or vinyl-clad wood windows may be considered, provided they match appropriate historical outbuilding window proportfons. Applies to Noncontributfng and Non- Historic Propertfes in Historic Districts All Propertfes in Conservatfon Districts New and Replacement Windows Vinyl or vinyl-clad wood windows may be used for replacement of basement windows provided the foundatfon wall is no more than 18 inches above grade. Vinyl or vinyl-clad wood windows may be considered for primary buildings in if existfng windows are vinyl or vinyl-clad wood. Vinyl or vinyl-clad wood windows may be considered for additfons provided they match historical proportfons. Staff Report January 4, 2023 Historic Review for HPC22-0089: 804 Iowa Avenue District: College Hill Conservation District Classification: Contributing The applicant, Streamline Architects, is requesting approval for a proposed alteration project at 804 Iowa Avenue, a Contributing property in the College Hill Conservation District. The project consists of the replacement of the first-floor windows in the historic portion of the house. Applicable Regulations and Guidelines: 4.0 Iowa City Historic Preservation Guidelines for Alterations 4.3 Doors 4.11 Siding 4.13 Windows Staff Comments This three-story rectangular house with a hipped roof has some Tudor Revival stylistic elements. A pair of steeply pitched front gables interrupt the eaves line. A gable hood is centered above the front entrance, and a shed roofed dormer runs the length of the building on each side. The first floor is brick veneer, the remaining floors stuccoed. The remaining historic windows are 8-over-one double-hung with four-light transoms above the ones on the south elevation which are also grouped in threes. A large addition in the right-hand rear forms an "ell" and consists of a gabled roof and a pair of shed dormers, the eastern dormer flows with that of the original structure. A second-floor balcony forms a verandah on the west side. This 1966 addition was designed by architect J Bradley Rust. In 2016, the Commission approved alterations to the basement of the 1966 addition, including the replacement of some non-historic windows. No other work has been reviewed since the Conservation District was formed in 2003. The applicant is proposing to replace the remaining first-floor windows in the historic portion of the house. This includes the two west-facing double-hung windows, the two east-facing double-hung windows, and six south-facing double hung windows and transoms above. The two sidelights for the front door will also be replaced. They will also replace the pair of historic French Doors in the SW corner of the house and one window in the rear addition. They propose to replace the windows with Pella Reserve Traditional. The proposal information includes aluminum coil stock in a brown color. Staff assumes the intention is to cover the original wood trim around and between windows with this material. They propose to replace the existing single light side-lights on the main door to 15-lite panels. Section 4.3 Doors of the guidelines recommends repairing historic doors rather than replacing them. It is recommended to replace badly deteriorated doors with new or salvaged doors that are similar in size, material, style, and appearance. Section 4.11 Siding of the guidelines states that it is disallowed to cover historic trim such as door and window trim, skirt and frieze boards, and corner boards. It is also disallowed to remove them. Covering historic trim is also disallowed when the application of synthetic siding is approvable by exception. It is recommended to repair historic wood siding and trim. Section 4.13 Windows of the guidelines recommends preserving historic windows by repairing sashes and frames and retaining historic window frames and replacing badly deteriorated sashes with new sashes that match the historic ones. It is recommended to replace badly deteriorated windows with new ones that match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows. Using new wood windows to replace deteriorated historic wood windows is recommended, although the use of metal-clad, solid wood windows is acceptable. All replacement windows and trim must accept paint. Typically, sashes will be finished in a dark color, either black or dark green. Divided lights may be true or simulated. Simulated divided lights may be created with muntin bars that are permanently adhered to both sides of the glass, preferably with spacer bars between the panes of insulating glass. The section describes windows as follows: Windows are one of the most important elements that define a building’s architectural character. Important window characteristics and elements include the window type, size, proportion, trim—lintels, sills, decorative hoods and pediments, pattern of divided lights, mullions, sash and decorative glass. Most often, historic windows are double-hung, but casements were occasionally used. Except for small decorative windows, historic windows are generally taller than they are wide, and the lower and upper floor windows are often aligned vertically. The Commission recommends repair of historic windows before replacement is considered, and requires documentation of the extent of deterioration in order to approve replacement of windows. Prior to 2015, door slabs could be replaced in all properties without historic review. Ordinance no. 15-4631 amended section 105.2 of the IBC and IRC to include review of street-facing doors for landmark properties and properties in historic districts, not conservation districts (#17). For the historic French Doors, if the exterior trim is not removed or covered (which would require historic review approval) the replacement of the door slabs does not require historic review and approval. Therefore, review of the French Doors will not be included in this review. It is assumed that their historic exterior trim will remain. In Staff’s opinion, the historic windows included in this project are in good condition. Some windows may not open and close as expected because of past paint applications or stops that need to be adjusted. The interior trim above the south-facing windows in the east portion of the house appears to have experienced some movement over time that caused the paint to crack at the joint. No impact to the windows was found. Minimal repair could be completed for the windows to function properly. Alternatively, they could undergo a complete rehabilitation and weather-stripping so that they would be in a “like new” condition. The inoperable transoms are in excellent condition. Staff recommends that this portion of the project is not approved. The proposal included the replacement of the windows on either side of the main door with 15-lite windows that do not match the existing single-light configuration. While the front door has been changed from the tongue-and-groove original door, there is no evidence that the current single-light windows are not the historic configuration. The 1966 drawing provides the oldest representation of the façade of the building that is currently known. Unless historic images can be found to provide documentation that the windows were historically different from the existing configuration and the 1966 drawing, staff does not recommend approval of a window that does not follow the guidelines: matching the existing use of divided lights, if the Commission approves window replacement on this façade. The window in the rear addition on the west side is likely not a historic window. This portion of the building was added in 1966. The drawings for the 1966 project show this window as an 8-over-one double-hung window matching the windows in the historic portion of the house. The window is currently a one-over-one double hung window with wired glass. Because the window is not historic, staff recommends approval of its replacement with an 8-over-one double hung window to match the historic windows. Any type of glass may be used. The French Doors do not fall under the Commission’s purview, so they are not included in the recommended motion. As an important part of the historic character of the house, staff recommends that the owner consider repair of this pair of doors rather than replacement. And if beyond repair, replacing the doors in-kind. While the application did not state that trim would be replaced or covered in the project, aluminum coil stock, which is used in modern construction to cover other trims, is included in the project. The guidelines disallow covering any trim with any material. Staff recommends that covering any trim on the building is not approved. Replacement windows and doors should reuse existing trim and replace in-kind if beyond repair. Similarly, if ganged or paired windows are replaced, the new windows should not be installed in the same opening but retain the original size and configuration. Any weight pocket should remain with its exterior trim even if it no longer holds weights. Recommended Motions (Motions must be made in the affirmative and then voted down if the application is being denied.) Replacement of windows as proposed and covering trim: Move to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue as presented in the application. Alternative Selective window replacement and window repair approval: Move to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue, replacing the rear window on the west elevation with the window proposed in the application, retaining wood trim and repairing the remaining wood windows, retaining wood trim. 804 Iowa Avenue- South Elevation 804 Iowa Avenue- Southeast corner 804 Iowa Avenue- South Elevation Detail- windows to the west of the front door 804 Iowa Avenue – example of paired windows in building (not included in project) – first floor north elevation (over basement stair) 804 Iowa Avenue- transom and trim detail- interior of front windows east of front door 804 Iowa Avenue – Detail of above transom trim 804 Iowa Avenue- Front door detail 804 Iowa Avenue – 1966 South Elevation drawing detail 804 Iowa Avenue – 1966 West Elevation drawing detail (rear window to be replaced noted) DN DN UP DN DN DN DN D DOG TROT DRIVEWAY PATIO OPEN TO BELOW A500 2 4 3 1 A50016 A500 11 A500 5 A501 3 A501 5 A500 7 8 1 24 6 7 8 6 12 10 9 15 14 13 315 SF 101 PARLOUR 128 SF 102 LOBBY 438 SF 103 LOUNGE 129 SF 1173 Room 61 SF 100 VESTIBULE www.streamlinearchitects.com Project number Date Drawn by Checked by STREAMLINE ARCHITECTS, P.L.C. ANDREW DASSO, AIA 575 12TH AVENUE EAST MOLINE, IL 61244 (563) 345-2724 NOT FOR CONSTRUCTIONPROJECT MANAGER (XXX) XXX-XXXX name@streamlinearchitects.com COPYRIGHT © 202212/20/2022 10:58:38 AMA101 FIRST FLOOR PLAN 20-096CHI OMEGA SORORITY12/20/2022 Author CheckerINTERIOR REMODEL &WINDOW REPLACEMENT804 Iowa AveIowa City, IA 52240NO. DESCRIPTION DATE 1/4" = 1'-0"1 FIRST FLOOR PLAN REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. EXISTING DOOR TO REMAIN REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. REMOVE EXISTING PATIO DOORS, REPLACE WITH NEW PATIO DOORS. REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. REMOVE EXISTING WINDOW, REPLACE WITH NEW WINDOW. Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Side Pella® Reserve, Traditional, Double Hung, 37 X 59, Brown 10 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 1 3/4" X 4' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 33.625, Clear Opening Height 25.062, Clear Opening Area 5.852151, Egress Meets Typical 5.7 sqft (E) (United States Only) Customer Approval Form: Signature:Date: Of1Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Front Pella® Reserve, Traditional, Double Hung, 35.5 X 57.5, Brown 15 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 4' 10 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 32.125, Clear Opening Height 24.312, Clear Opening Area 5.423771, Egress Meets Typical for ground floor 5.0 sqft (E1) (United States Only) Of2Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Front Pella® Reserve, Traditional, Sash Set, Fixed, 35.5 X 11, Brown 20 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 0' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of3Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Foyer Pella® Reserve, Traditional, Sash Set, Fixed, 28.5 X 73.5, Brown 25 14500 WINDOWS BY PELLA 6/20 Rough Opening:2' 5 1/4" X 6' 2 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of4Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Hung, 35.5 X 57.5, Brown 30 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 4' 10 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 32.125, Clear Opening Height 24.312, Clear Opening Area 5.423771, Egress Meets Typical for ground floor 5.0 sqft (E1) (United States Only) Of5Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Sash Set, Fixed, 35.5 X 11, Brown 35 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 0' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of6Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Hung, 25 X 58.5, Brown 40 14500 WINDOWS BY PELLA 6/20 Rough Opening:2' 1 3/4" X 4' 11 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 21.625, Clear Opening Height 24.812, Clear Opening Area 3.726108, Egress Does not meet typical United States egress, but may comply with local code requirements Of7Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Inswing Door, Active / Passive, 62 X 85, Brown 45 14500 WINDOWS BY PELLA 6/20 Rough Opening:5' 2 3/4" X 7' 1 1/2" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:1 Performance Information: U-Factor 0.25, SHGC 0.18, VLT 0.33, CPD PEL-N-218-07971-00001, Performance Class LC, PG 55, Calculated Positive DP Rating 55, Calculated Negative DP Rating 70, Year Rated 11 Of8Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Back Foyer Pella® Reserve, Traditional, Double Hung, 41 X 55.5, Brown 50 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 5 3/4" X 4' 8 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:1 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.45, CPD PEL-N-232-00283-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 37.625, Clear Opening Height 23.312, Clear Opening Area 6.09107, Egress Does not meet typical United States egress, but may comply with local code requirements Of9Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Brown Coil 24" wide Aluminum Coil, Length: 600, Brown 55 14500 WINDOWS BY PELLA 6/20 Rough Opening: Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Of10Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority None Assigned 2 3/8" w/kerf Solid Jamb Extension, Length: 96, Unfinished Wood. Wood Type: Pine 60 14500 WINDOWS BY PELLA 6/20 Rough Opening: Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:48 Of11Pag 11Printed On: 6/20/2022 W-HG-2Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window (—) = Not Available (1) Maximum performance for single unit when glazed with the appropriate glass thickness. See Design Data pages in this section for specific product performance class and grade values. (2) Published performance data for air infiltration is determined by testing a minimum of four (4) products of NFRC model size. Testing is conducted in accordance with ASTM E283. Air infiltration ratings for products will differ by size. The performance data does not apply to combination assemblies unless noted. Actual product performance may vary for a number of reasons including installation and product care. (3) The higher the level, the greater the product’s ability to resist forced entry. (4) Glazing configurations may result in higher operational forces (5) ASTM E 1425 defines standard sizes for acoustical testing. Ratings achieved at that size are representative of all sizes of the same configuration. Other Performance Criteria Forced Entry Resistance Level (Minimum Security Grade) 3 10 Operating Force (lb) Initiate Motion / Maintain Motion (of Hallmark tested size and glazing) 4 40/45 Air/Water/Structural Performance 1 Meets or Exceeds AAMA / WDMA Ratings H-CW30 - CW50 Hallmark Certified Air Infiltration (cfm / ft 2 of frame @ 1.57 psf wind pressure) 2 0.11 Water Resistance 4.6 – 7.5 psf Design Pressure 30 – 50 psf Size and Performance Data Sound Transmission Class / Outdoor-Indoor Transmission Class Product Frame Size Tested 5 Glazing System STC Rating OITC RatingOverall Glazing Thickness Exterior Glass Thickness Interior Glass Thickness Third Pane Thickness Reserve Clad Double-Hung Window WITH INTEGRAL GRILLES 45" x 65"11/16"2.5 mm 2.5 mm —29 26 45" x 65"11/16"3 mm 5 mm —34 30 45" x 65"11/16"3 mm 6 mm Laminated —35 30 WITHOUT GRILLES 45" x 65"11/16"2.5 mm 2.5 mm —28 24 45" x 65"11/16"3 mm 5 mm —32 28 45" x 65"11/16"3 mm 6 mm Laminated —33 28 W-HG-10Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window 2" 1/2" Wood Exterior - Wood Interior Putty Glaze and Ogee Grilles 7/8"5/8"1 1/4" Clad Exterior - Wood Interior Putty Glaze and Ogee Grilles 7/8"5/8"1 1/4" Grilles-Between-the-Glass ®Traditional Style Collection - Integral Light Technology Clad Exterior - Wood Interior Ogee Grilles 2" 1 1/4"7/8" Contoured Grille 3/4" Interior wood ILT grilles available in Pine, Mahogany or Douglas Fir to match complete unit. Exterior wood ILT grilles available in Pine or Mahogany to match complete unit. Grille Profiles W-HG-30Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window (1) Contact your local Pella sales representative for current designs and color options. (2) Available in clear or Low-E insulating glass only. (3) Tan, Brown and Putty Interior GBG colors are available in single-tone (Brown/Brown, Tan/Tan or Putty/Putty). Other interior colors are also available with Tan or Brown exterior. (4) Appearance of exterior grille color will vary depending on Low-E coating on glass. (5) Full screens are available on units ≤ 96" height. (6) Integrated Rolscreen only available on sizes ≥ 34" tall and 21" wide, and ≤ 84" tall and 48" wide. Frame • Select softwood, immersion treated with Pella’s EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are [clear pine] [mahogany] [douglas fir]. • Exterior surfaces are clad with aluminum. • Components are assembled with screws, staples and concealed corner locks. • Overall frame depth is 5" (127mm) for a wall depth of 3-11/16" (94mm). • Optional factory applied jamb extensions available between 3-13/16" (97mm) and 9-3/16" (233mm). • Vinyl jamb liner with wood / clad inserts. • Optional factory installed fold-out installation fins with flexible fin corners. • Optional factory-applied EnduraClad® exterior trim. Sash • Select softwood, immersion treated with Pella’s EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are [clear pine] [mahogany] [douglas fir]. Any curved member may have visible finger-jointed surfaces. • Exterior surfaces are clad with extruded aluminum butt-jointed at all corners of the sash with through-stile construction and sealed. • Corners mortised and tenoned, glued and secured with metal fasteners. • Sash thickness is 1-7/8" (47mm). • Double-Hung: Upper sash has surface-mounted wash locks for easy tilt-in cleaning] [Single-Hung: Fixed upper sash has surface-mounted wash locks] [Arch Head units have no wash locks]. • Lower sash has concealed wash locks in lower check rail allowing sash to tilt in for easy cleaning. • Simulated-Hung units have non-operable upper and lower sashes. • Sash exterior profile is [ogee] [putty glaze], interior profile is ogee. Weatherstripping • Water-stop santoprene-wrapped foam at head and sill. • Thermoplastic elastomer bulb with slip-coating set into lower sash for tight contact at check rail. • Vinyl-wrapped foam inserted into jamb liner to seal against sides of sash. Glazing System • Quality float glass complying with ASTM C 1036. • Custom and high altitude glazing available. • Silicone-glazed dual-pane 13/16" dual-seal insulating glass [[annealed] [tempered]], [[clear] [[Advanced Low-E] [SunDefense™ Low-E] [NaturalSun Low-E] [AdvancedComfort Low-E] with argon]] [[bronze] [gray] [green] Advanced Low-E [with Argon]] [obscure] [Reflective Bronze]. – or – • Silicone-glazed dual-pane 13/16" dual-seal [[annealed] [tempered]] non-impact laminated glass [[clear] [[Advanced Low-E] [SunDefense Low-E] with Argon]] [[bronze] [gray] [green] Advanced Low-E [with argon]]. Exterior • Aluminum-clad exteriors shall be finished with EnduraClad® protective finish, in a multi-step, baked-on finish. Color is [standard] [feature] [custom] 1. – or – • Aluminum-clad exteriors shall be finished with EnduraClad Plus protective finish with 70% fluoropolymer resin in a multi-step, baked-on finish. Color is [standard] [feature] [custom] 1. Interior • [Unfinished, ready for site finishing] [factory primed with one coat acrylic latex] [pine: factory prefinished [paint] [stain] 1]. Hardware • Galvanized block-and-tackle balances are connected to self-locking balance shoes which are connected to the sashes using zinc die cast terminals and concealed within the frame. • Sash lock is [standard (cam-action)] [historic spoon-style] [air-conditioner lock] [simulated lock (Single-piece lock ties upper and lower sash together. When removed lower sash becomes operable)]. Two sash locks on units with frame width 37" and greater. • Optional sash lift furnished for field installation. Two lifts on units with frame width 37" and greater. • Hardware finish is [baked enamel [Champagne] [White] [Brown] [Matte Black]] [Satin Brass] [Satin Nickel] [Oil-rubbed Bronze] [Distressed Bronze] [Distressed Nickel]. Optional Products Sash • Exterior sash lugs Optional factory applied accessory. Exterior finish is [Standard 1] [Custom 1]. Grilles • Integral Light Technology® grilles Interior grilles are [5/8"] [7/8"] [1-1/4"] [2"] ogee profile that are solid [pine] [mahogany] [douglas fir]. Interior surfaces are [unfinished, ready for site finishing] [factory primed] [pine: factory prefinished [paint] [stain] 1]. Exterior grilles are [5/8" putty glaze profile] [7/8" [putty glaze] [ogee] profile] [1-1/4" [putty glaze] [ogee] profile] [2" ogee profile] that are extruded aluminum. Patterns are [Traditional] [Prairie] [Top Row] [New England] [Victorian]. Insulating glass contains non-glare spacer between the panes of glass. Grilles are adhered to both sides of the insulating glass with VHB acrylic adhesive tape and aligned with the non-glare spacer. – or – • Grilles-Between-the-Glass 2 Insulating glass contains 3/4" contoured aluminum grilles permanently installed between two panes of glass. Patterns are [Traditional] [9-Lite Prairie] [Cross] [Top Row] Interior color is [White] [Tan 3] [Brown 3 ] [Putty 3] [Black] [Ivory] [Harvest] [Cordovan] [Brickstone]. Exterior color 4 is [standard] 1. Screens • Integrated Rolscreen® (for rectangular units only) 6 Retractable screen integrated into [lower sash] [both upper and lower sash]. Screen rollers are fixed and concealed within the frame, screen is held to the sash by magnets which release when the bottom sash is tilted for cleaning, and when the upper sash is opened past 18". InView Screen cloth, black vinyl-coated 18/18 mesh fiberglass screen cloth complying with ASTM D 3656 and the performance requirements of SMA 1201. – or – • InView™ screens [Half-Size] [Full-Size 4 ] black vinyl-coated 18/18 mesh fiberglass screen cloth complying with the performance requirements of SMA 1201, set in a [standard roll-form] [premium extruded] aluminum frame fitted to outside of window, supplied complete with all necessary hardware. Full screen spreader bar placed on units > 37" width or > 65" height. Screen frame finish is [standard screen: baked enamel] [premium extruded: baked enamel], color to match window cladding. Hardware • Optional factory applied limited opening device available for vent units in stainless steel; nominal 3-3/4" opening. Limiting device concealed from view. • Optional factory applied window opening control device. Device allows window to open less than 4" with normal operation, with a release mechanism that allows the sash to open completely. Complies with ASTM F2090-10. Sensors • Optional factory installed integrated security sensors available in vent units. Detailed Product Description - Aluminum-Clad Exterior W-HG-36Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window Scale 3" = 1' 0" All dimensions are approximate.[47]1 7/8"[48] 1 7/8" [74] 2 15/16"[48]1 7/8"[38] 1 1/2" [75] 2 15/16"[48]1 7/8"[75] 2 15/16" [39] 1 1/2" [47] 1 7/8"[48]1 7/8"[104]4 1/8"Shown Custom 3" Bottom Rail Fixed Double Hung[72]2 13/16"FRAME HEIGHT[19]3/4"[77]3"[127] 5" [19] 3/4" FRAME WIDTH [19] 3/4" [31] 1 3/16"[33]1 5/16"[94]3 11/16"Installation Fin Optional Fold-out units with unequal sash. Dimension required for ordering CHECKRAIL HEIGHT[27] 1 1/16" FRAME WIDTH[127]5"[27] 1 1/16" FRAME WIDTH[33]1 5/16"[34] 1 5/16"[94]3 11/16"Installation Fin Optional Fold-out [40]1 9/16"[47]1 7/8"[127] 5"FRAME HEIGHT[51]2"[72]2 13/16"[107]4 1/4"[78]3 1/16"[39]1 9/16"[48] 1 7/8" [48] 1 7/8" FJ FH FS VS VH LJ UJ CR FH FIXED HEAD FJ FIXED JAMB FS FIXED SILL UPPER JAMBSUJ LOWER JAMBSLJ VS VENT SILL CHECK RAILCR VH VENT HEAD Unit Sections - Aluminum-Clad Putty Glaze Exterior Profile W-HG-37Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window Scale 3" = 1' 0" All dimensions are approximate. See supporting document Combination Recommendations, for mullion limitations and reinforcing requirements. LX VENT / LX VENT VERTICAL JOINING MULLION TRANSOM / VENT HORIZONTAL JOINING MULLION LX VENT / FIXED VERTICAL JOINING MULLION[72]2 13/16"[48]1 7/8"[47] 1 7/8" [74] 2 15/16"[47]1 7/8"[48] 1 7/8" FRAME WIDTH [19] 3/4"[33]1 5/16"[94]3 11/16"Installation Fin Optional Fold-outFRAME HEIGHT[19]3/4"[19] 3/4" TS TJ TH TRANSOM HEADTH TRANSOM JAMBTJ TRANSOM SILLTS Unit Sections - Aluminum-Clad Putty Glaze Exterior Profile Typical Joining Mullions Historic Preservation CommissionJanuary 12, 2023 Certificate of Appropriateness 804 Iowa Avenue College Hill Conservation District College Hill Conservation District 804 Iowa Avenue-South Elevation 804 Iowa Avenue-aerial image 1966 addition 2016 work 804 Iowa Avenue-West Elevation 1966 addition 804 Iowa Avenue-Proposal drawing detail 804 Iowa Avenue-South Elevation detail 804 Iowa Avenue-General interior window condition 804 Iowa Avenue-General interior window condition 804 Iowa Avenue- east-facing north window-poor paint not adhering to original varnish and other existing coatings 804 Iowa Avenue- east-facing north window- weather-stripping installed 804 Iowa Avenue-south-facing window-sill condition good 804 Iowa Avenue-south-facing window-two of the three visible broken cords 804 Iowa Avenue- west-facing window-cord painted over 804 Iowa Avenue- west-facing window-general condition 804 Iowa Avenue-south-facing window-trim separation 804 Iowa Avenue- west-facing window-trim separation 804 Iowa Avenue-1966 drawing-South Elevation 804 Iowa Avenue-South Elevation 804 Iowa Avenue-South Elevation-detail 804 Iowa Avenue-1966 drawing-West Elevation 804 Iowa Avenue-South Elevation detail 426 Church Street-Aluminum Coil stock Recommended MotionReplace windows as proposed and covering trim with aluminum coil stock: Move to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue as presented in the application. Alternative Selective window replacement and window repair approval: Move to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue, replacing the rear window on the west elevation with the window proposed in the application, retaining exterior wood trim, and repairing the remaining wood windows, retaining exterior wood trim. Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 DENIAL OF CERTIFICATE OF APPROPRIATENESS HPC22-0089: 804 Iowa Avenue A meeting of the Iowa City Historic Preservation Commission was held at the City Hall on January 12, 2023. The following members were present: Margaret Beck, Kevin Boyd, Jordan Sellergren, Noah Stork, Deanna Thomann, Nicole Villanueva, Frank Wagner, and Christine Welu-Reynolds. By a vote of 0-7 (Welu-Reynolds abstaining), the Commission failed to approve a Certificate of Appropriateness for the window replacement project at 804 Iowa Avenue, a contributing property in the College Hill Conservation District. The proposal consists of the replacement of the historic first floor double-hung windows and transoms on the east, west and south walls of the historic portion of the house without evidence of deterioration and regardless of condition. The proposal also included the replacement of the sidelights on the main south-facing door with 15-light windows that do not match the existing, and presumed historic, configuration. During the meeting, the Commission found that the Iowa City Guidelines for Historic Preservation (“guidelines”) are clear in regard to the elements of this application. The proposal as presented in the application was denied for the following reasons: • The windows were reviewed on September 19, 2022 by staff and the project architect and again by additional staff on January 12, 2023. During both reviews the windows were found to be in good condition. Several upper sashes have been painted shut, three sash cords were broken, and a modern paint application was peeling off, exposing the historic varnish underneath. No sash or frame deterioration was found. All of the windows have had weather-stripping installed. • Section 4.13 of the guidelines reads: Windows are one of the most important elements that define a building’s architectural character. The Commission recommends repair of historic windows before replacement is considered and requires documentation of the extent of deterioration in order to approve replacement of windows. The proposal does not meet the standards set in section 4.13 because it would remove and replace historic wood windows that are not deteriorated. No documentation of deterioration was included in the application and no deterioration found upon review of the windows. • Section 4.13 of the guidelines reads: It is recommended to replace badly deterioration windows with new ones that match the type, size, sash width, trim, and use of divided lights and overall appearance of the historic windows. The proposed windows to replace the sidelights at the front door do not meet the standards set in section 4.13 because they would remove and replace historic windows with new windows that do not match the divided light configuration of the existing windows. The proposal to replace the first floor west-facing window in the 1966 addition is approved separately. Aluminum coil stock was included in the window specifications, but the applicant stated at the meeting that the material was included accidentally and was not intended to be used. The decision may be appealed to the Board of Adjustment. To appeal, a written letter requesting the appeal must be filed with the City Clerk no later than 10 business days after the date of the filing of this certificate. __________________________________ Kevin Boyd, Chair Iowa City Historic Preservation Commission ___________________________________ Jessica Bristow, Historic Preservation Planner Department of Development Services January 19, 2020 ___________________________________ Date Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 CERTIFICATE OF APPROPRIATENESS HPC22-0089: 804 Iowa Avenue A meeting of the Iowa City Historic Preservation Commission was held at the City Hall on January 12, 2023. The following members were present: Margaret Beck, Kevin Boyd, Jordan Sellergren, Noah Stork, Deanna Thomann, Nicole Villanueva, Frank Wagner, and Christine Welu-Reynolds By a vote of 8-0, the Commission approved an alternate Certificate of Appropriateness for a portion of the window replacement project at 804 Iowa Avenue, a contributing property in the College Hill Conservation District. The approved portion of the proposal includes replacing the modern, west-facing first-floor window in the 1966 addition with a new Pella Reserve Traditional Double-hung window proposed in the application, retaining wood trim and repairing the remaining wood windows, retaining wood trim The project is approved subject to the conditions specified in this certificate, notations in the application, and the discussion by the Commission as provided in City Code Section 14-8E-2. All work is to meet the specifications of the guidelines unless otherwise noted. Any additional work that falls under the purview of the Historic Preservation Commission that is not specified in this certificate will need a separate review. Approval by the Historic Preservation Commission does not constitute final approval for a project. Contact the Building Department to acquire a building permit before beginning the project. The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. __________________________________ Kevin Boyd, Chair Iowa City Historic Preservation Commission ___________________________________ Jessica Bristow, Historic Preservation Planner Department of Development Services 1/18/2023 ___________________________________ Date MINUTES APPROVED HISTORIC PRESERVATION COMMISSION January 12, 2023 EMMA HARVAT HALL MEMBERS PRESENT: Margaret Beck, Kevin Boyd, Jordan Sellergren, Noah Stork, Deanna Thomann, Nicole Villanueva, Frank Wagner, Christina Welu-Reynolds MEMBERS ABSENT: Carl Brown STAFF PRESENT: Jessica Bristow OTHERS PRESENT: Lynette Lancial, James Phelps RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) CALL TO ORDER: Chairperson Boyd called the meeting to order at 6:30 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS: 804 Iowa Avenue This is in the College Hill Conservation District on the corner of Lucas and Iowa Avenue. Bristow described the brick and stucco house as Tudor Revival style. A rear addition was built in 1966 and a project in 2016 reworked some of the basement, first floor, and patio of the addition. The bulk of this proposal is to replace some existing windows on the original house, one on the 1966 addition, and the side lights on the front door. The interior trim is paint over varnish. Minor issues include a poor paint job, and the paint is not adhering to the varnish. Windows have been well-cared for over time, having been rehabbed and weather stripping has been added. Three windows have visibly broken sash cords and all of the visible sash cords appear to have been painted over. Upper story windows were replaced before the conservation district was established. The oldest known depiction of the house is from 1966. Part of the project is to replace the single-lite windows by the door with 15-lite casement windows. The single-lite windows are shown on the 1966 drawings and no evidence exists that these were ever 15 lite. Bristow stated that the guidelines don’t allow a change to a property that could add a conjectural history. Since the 1966 drawings are the existing and potentially historical condition, the recommendation is not changing those windows. The window to be replaced on the addition is not historic, so the condition of the window does not need to be evaluated for approval. The recommendation is to approve this change. Aluminum coil stock is referenced in the proposal, but use is not clear. If it is intended to cover any trim, it would be disallowed by the guidelines. Bristow met with Housing Inspector Dave Powers at the property to review the condition of the windows. Their recommendation for repair included stripping the paint that is peeling, re-roping HISTORIC PRESERVATION COMMISSION January 12, 2023 Page 2 of 4 the windows, adjusting the stops as needed, and replacing glazing putty if necessary. Any storm windows may be replaced at the owner’s discretion. Storm windows would have been installed historically. Lynette Lancial spoke on behalf of the proposal. She talked about her 40-year history with the property and how well they’ve kept it maintained. She said there is no intention of using aluminum coil stock and wasn’t aware it was in the proposal. Lancial talked about heating such a large house and how the newer, more energy efficient windows would have a positive impact. James Phelps, the architect for this project, also spoke in support. Bristow reminded the commission that all motions are written in the positive, meaning the vote would be to approve a proposal or vote it down. MOTION: Wagner moved to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue as presented in the application. Villanueva seconded. The motion was voted down on a vote of 0-7 Welu-Reynolds abstained. (Carl Brown was absent) ADDITIONAL MOTION: Wagner moved to approve a Certificate of Appropriateness for the project at 804 Iowa Avenue, replacing the rear window on the west elevation with the window proposed in the application, retaining wood trim and repairing the remaining wood windows, retaining wood trim. Reynolds seconded. The motion carried on a vote of 8-0 (Carl Brown was absent) Review of 2022 Historic Preservation Commission Work Plan Bristow introduced this item as a portion of the annual report that is voted on at the February meeting. The commission will also vote on a new work plan. Boyd gave some historical perspective and said he thought the city slowed their work down a bit. He supported discussing the plan again and making a few changes. He and Bristow asked commissioners to read the report and submit suggestions before the February meeting. There was a discussion about different types of neighborhood surveys. Kevin will work on a draft for the next meeting. REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Certificate of No Material Effect – Chair and Staff Review 422 Grant Street When they removed the deck, they discovered no flashing behind and water had soaked into the wall. Siding replacement was approved, and they will then build a new deck that was previously approved. 418 Brown Street New siding is being installed. This is not a historic property, so the siding didn’t need review, but the steps did, and it was approved. Minor Reviews: 730 North Linn Street HISTORIC PRESERVATION COMMISSION January 12, 2023 Page 3 of 4 Replacing steps 610 North Johnson Replaced railings 520 South Governor Street Approved solar panels on the garage 1214 Sheridan Avenue New door installation 401 Brown Street Deck replacement 517 South Lucas Street Stair repairs 607 Oakland Avenue Roof replacement with metal Intermediate Review 829 Kirkwood Avenue Minor changes to the previously approved garage plan CONSIDERATION OF MINUTES FOR November 10, 2022: MOTION: Thomann moved to approve the minutes of the Historic Preservation Commission’s November 10, 2022, meeting, as written. Beck seconded the motion. The motion carried on a vote of 8-0 (Carl Brown was absent) COMMISSION DISCUSSION: Boyd was elected to the National Preservation Commission. Bristow noted that Thomas Baldwin, a former commissioner, passed away at age 92. ADJOURNMENT: Wagner moved to adjourn the meeting. Reynolds seconded. The meeting was adjourned at 6:30 pm. HISTORIC PRESERVATION COMMISSION January 12, 2023 Page 4 of 4 HISTORIC PRESERVATION COMMISSION ATTENDANCE RECORD 2022-2023 NAME TERM EXP. 12/9 01/13 2/15 3/10 4/14 5/12 6/9 7/14 8/11 9/8 10/13 11/10 1/12 BECK, MARGARET 6/30/24 X X X X -- X O/E O/E X X O/E X X BOYD, KEVIN 6/30/23 X X O/E X X X X X X X X X X BROWN, CARL 6/30/23 X O/E O/E X X O/E X X O/E X X X O/E DEGRAW, SHARON 6/30/22 O/E X X X X X X -- -- -- -- -- -- ECKHARDT, COLE 6/30/24 -- -- -- -- -- -- -- -- -- X X -- -- KUENZLI, CECILE 6/30/22 X X O/E X X X X -- -- -- -- -- -- LARSON, KEVIN 6/30/24 X O X O -- X X X O/E O/E O -- -- SELLERGREN, JORDAN 6/30/22 X X X X X X X O/E O/E X X X X STORK, NOAH 6/30/24 X X X O/E X O/E X X X X X X X THOMANN, DEANNA 6/30/23 O/E X X O/E X X O/E X X X X X X VILLANUEVA, NICOLE 6/30/25 -- -- -- -- -- -- -- X X O/E O/E X X WAGNER, FRANK 6/30/23 X X X X -- X X X X O/E X O/E X WELU- REYNOLDS, CHRISTINA 6/30/25 -- -- -- -- -- -- -- X X X O/E X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a member March 8, 2023 Board of Adjustment Meeting APL23-0001 ATTACHMENT 2 Aerial & Zoning Maps Prepared by Staff N Lucas StN Governor StS Governor StS Lucas StE Iowa Ave E Jefferson St An appeal submitted by Streamline Architects regarding a Denial of Certificate of Appropriateness for 804 Iowa Ave. Denial was regarding a request for window replacement on the main level of the house. µAPL23-0001 804 Iowa Ave Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.01 0.030.01 Miles N Lucas StN Governor StS Governor StS Lucas StE Iowa Ave E Jefferson St RM44 RM44 RNS12 RNS12 RNS20 RNS20 RNS20 RNS20 RNS20 RNS20 RNS20 An appeal submitted by Streamline Architects regarding a Denial of Certificate of Appropriateness for 804 Iowa Ave. Denial was regarding a request for window replacement on the main level of the house. µAPL23-0001 804 Iowa Ave Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.01 0.030.01 Miles OCD OCD OCD OCD OCD OCD OCD OCD OCD RNS20 RM44 March 8, 2023 Board of Adjustment Meeting APL23-0001 ATTACHMENT 3 Correspondence Submitted by the Identified Party February 16, 2023 RE: Appeal regarding property at 804 Iowa Ave Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an appeal submitted by Streamline Architects on behalf of the Chi Omega Sorority. The appeal challenges the denial of a Certificate of Appropriateness by the Historic Preservation Commission regarding a request to replace the windows on the main level of the house at 804 Iowa Avenue. As a neighboring property owner and/or occupant, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for March 8, 2023 at 5:15 p.m. in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5247 or check the City of Iowa City’s website, www.icgov.org/ BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at klehmann@iowa-city.org or 319-356-5247 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner, City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail klehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5247 or e-mail klehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail klehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions N Lucas StN Governor StS Governor StS Lucas StE Iowa Ave E Jefferson St An appeal submitted by Streamline Architects regarding a Denial of Certificate of Appropriateness for 804 Iowa Ave. Denial was regarding a request for window replacement on the main level of the house. µAPL23-0001 804 Iowa Ave Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.01 0.030.01 Miles Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code JOHN ASHLEY BAKER 1413 PARKMONT RD ALLISON PARK, PA 15101 GRAMPS PROPERTIES LLC 168 EAGLE RIDGE DR WAVERLY, IA 50677 NGUYEN PROPERTIES LLC 1017 DIANA ST IOWA CITY, IA 52240 BRIGHT PATHWAY LLC 1105 KEOKUK ST IOWA CITY, IA 52240 ANNE MARIE SAND 14 S GOVERNOR ST IOWA CITY, IA 52240 WALTER J & JANE A KOPSA 1514 CHURCHILL PL IOWA CITY, IA 52240 RIVER CITY HOUSING COLLECTIVE 200 S SUMMIT ST IOWA CITY, IA 52240 DRAGONFLY PROPERTIES III LLC 220 LAFAYETTE ST STE 160 IOWA CITY, IA 52240 TIMOTHY KRAMER 23 BEDFORD CT IOWA CITY, IA 52240 JAMES M & CHERYL L ALBERHASKY 2445 DEVON CT NE IOWA CITY, IA 52240 CHI OMEGA SORORITY 3 COTTAGE GROVE DR NE IOWA CITY, IA 52240 PRESTIGE PROPERTIES V LLC 329 E COURT ST - STE 2B IOWA CITY, IA 52240 PRESTIGE PROPERTIES V LLC 329 E COURT ST SUITE 2 IOWA CITY, IA 52240 PRESTIGE PROPERTIES IV LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 PRESTIGE PROPERTIES LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 PRESTIGE PROPERTIES III LLC 329 E COURT ST STE 2B IOWA CITY, IA 52240 21 N DODGE INC 329 E COURT ST SUITE 2 IOWA CITY, IA 52240 809 IOWA AVENUE INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 918 IOWA AVENUE INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 106 N GOVERNOR STREET INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 MP PROPERTIES 5 WENDRAM BLUFF NE IOWA CITY, IA 52240 GREGORY D BROWN 727 GRANT ST IOWA CITY, IA 52240 ANN L CONNORS 803 MARKET ST IOWA CITY, IA 52240 LAURA A KERR & AARON MOSELEY 821 E MARKET ST IOWA CITY, IA 52240 CONSTANTINE ANTONIADES 911 IOWA AVE IOWA CITY, IA 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APL23-0001 ATTACHMENT 4 Appeal Application Submitted by the Applicant Project Description: This appeal is regarding a Denial of Certificate of Appropriateness on a Sorority house that is making improvements. Denial was regarding a request for window replacement on the main level of the house. Decision Being Appealed: Denial of Certificate of Appropriateness Date of Decision: 01/12/2023 Title of Administrative Official Issuing Decision: Chair, Iowa City Historic Preservation Commission Code Section Cited in Official’s Decision: Section 4.13 Purpose of Appeal: Owners have tried to respect the historic nature of the building in the past and have kept its historic character. Part of their maintenance in the past included replacing old windows on the upper level with new windows that still kept the historic look. Now, they would like to continue with the replacement of the main level windows in a similar manor. The historic commission denied their request, requiring the existing windows to be kept and refurbished, and add new storm windows. Owners received a list of qualified contractors. Most all of them were contacted only to find that the recommended fix was cost-prohibitive and still didn't address all of their issues. Owners would prefer the new windows for easier future maintenance. New windows could be tilt-in sashes that would allow for easy cleaning of the glass. Owners would like to install high quality Pella windows that would maintain the historic double hung window appearance of the original house. This request would CONTINUE the same maintenance and approach that began on the upper levels. Appeal Request Summary: Owners appeal would allow them to continue with their window replacement on their building. Remedy Desired: Since this building already has precedence to replace old windows, owners would like to have the commission's decision reversed and allow them to replace the windows needed. 1 Kirk Lehmann From:James Phelps <james@streamlinearchitects.com> Sent:Monday, February 20, 2023 8:33 AM To:Kirk Lehmann Subject:Chi Omega Windows ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** The owners feel that the HPC decision was made without reasonable consideration of all the facts in the past history of improvements to the building. This building has gone through window replacement in the same area (the historic portion) as the area that is being considered. We believe that the previous improvements set a precedent that the owners should be permitted to finish the improvements in the same manner. Furthermore, the window replacement project proposed by the owners would use high quality windows that would come very close to duplicating the original window appearance as well as provide a more sustainable solution with a better u-factor -- the new windows could provide proper insulation without having the additional maintenance of storm windows. The replacement windows would also provide better UV protection. The owners have looked into the restoration by qualified window restoration consultants and the cost was up to 4 times the cost of replacement. The owners would also have the existing windows removed carefully with plans to provide them for resale or reuse rather than add them to a landfill. For all of these reasons, the owners ask that this decision be overturned. -- Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Side Pella® Reserve, Traditional, Double Hung, 37 X 59, Brown 10 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 1 3/4" X 4' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 33.625, Clear Opening Height 25.062, Clear Opening Area 5.852151, Egress Meets Typical 5.7 sqft (E) (United States Only) Customer Approval Form: Signature:Date: Of1Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Front Pella® Reserve, Traditional, Double Hung, 35.5 X 57.5, Brown 15 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 4' 10 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 32.125, Clear Opening Height 24.312, Clear Opening Area 5.423771, Egress Meets Typical for ground floor 5.0 sqft (E1) (United States Only) Of2Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Piano Room Front Pella® Reserve, Traditional, Sash Set, Fixed, 35.5 X 11, Brown 20 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 0' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of3Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Foyer Pella® Reserve, Traditional, Sash Set, Fixed, 28.5 X 73.5, Brown 25 14500 WINDOWS BY PELLA 6/20 Rough Opening:2' 5 1/4" X 6' 2 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of4Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Hung, 35.5 X 57.5, Brown 30 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 4' 10 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 32.125, Clear Opening Height 24.312, Clear Opening Area 5.423771, Egress Meets Typical for ground floor 5.0 sqft (E1) (United States Only) Of5Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Sash Set, Fixed, 35.5 X 11, Brown 35 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 0 1/4" X 0' 11 3/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:3 Performance Information: U-Factor 0.25, SHGC 0.26, VLT 0.48, CPD PEL-N-1-53769-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 11 Of6Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Hung, 25 X 58.5, Brown 40 14500 WINDOWS BY PELLA 6/20 Rough Opening:2' 1 3/4" X 4' 11 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.46, CPD PEL-N-232-00279-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 21.625, Clear Opening Height 24.812, Clear Opening Area 3.726108, Egress Does not meet typical United States egress, but may comply with local code requirements Of7Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Sitting Room Pella® Reserve, Traditional, Double Inswing Door, Active / Passive, 62 X 85, Brown 45 14500 WINDOWS BY PELLA 6/20 Rough Opening:5' 2 3/4" X 7' 1 1/2" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:1 Performance Information: U-Factor 0.25, SHGC 0.18, VLT 0.33, CPD PEL-N-218-07971-00001, Performance Class LC, PG 55, Calculated Positive DP Rating 55, Calculated Negative DP Rating 70, Year Rated 11 Of8Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Back Foyer Pella® Reserve, Traditional, Double Hung, 41 X 55.5, Brown 50 14500 WINDOWS BY PELLA 6/20 Rough Opening:3' 5 3/4" X 4' 8 1/4" Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:1 Performance Information: U-Factor 0.26, SHGC 0.25, VLT 0.45, CPD PEL-N-232-00283-00001, Performance Class CW, PG 50, Calculated Positive DP Rating 50, Calculated Negative DP Rating 50, Year Rated 08|11, Clear Opening Width 37.625, Clear Opening Height 23.312, Clear Opening Area 6.09107, Egress Does not meet typical United States egress, but may comply with local code requirements Of9Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority Brown Coil 24" wide Aluminum Coil, Length: 600, Brown 55 14500 WINDOWS BY PELLA 6/20 Rough Opening: Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:2 Of10Pag 11Printed On: 6/20/2022 Customer Approval Form: Signature:Date: Jobsite Location: Sales Branch Location: These drawings are based on our interpretation of the information provided to us. They are submitted for final approval of the individual** responsible for the project and are not intended to create any warranty or other liability. The user** is responsible for compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular application, including the final design of reinforcement, flashing, and sealant systems for all window and door installations. ** building owner, architect, contractor, installer and/or consumer Description: Project Name:Quote Name: Room Location: Iowa City, IA Chi Omega Sorority None Assigned 2 3/8" w/kerf Solid Jamb Extension, Length: 96, Unfinished Wood. Wood Type: Pine 60 14500 WINDOWS BY PELLA 6/20 Rough Opening: Scaling:1/2" = 1' Viewed from the Exterior 15665012Quote Number: Line Number:Quote Qty:48 Of11Pag 11Printed On: 6/20/2022 W-HG-2Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window (—) = Not Available (1) Maximum performance for single unit when glazed with the appropriate glass thickness. See Design Data pages in this section for specific product performance class and grade values. (2) Published performance data for air infiltration is determined by testing a minimum of four (4) products of NFRC model size. Testing is conducted in accordance with ASTM E283. Air infiltration ratings for products will differ by size. The performance data does not apply to combination assemblies unless noted. Actual product performance may vary for a number of reasons including installation and product care. (3) The higher the level, the greater the product’s ability to resist forced entry. (4) Glazing configurations may result in higher operational forces (5) ASTM E 1425 defines standard sizes for acoustical testing. Ratings achieved at that size are representative of all sizes of the same configuration. Other Performance Criteria Forced Entry Resistance Level (Minimum Security Grade) 3 10 Operating Force (lb) Initiate Motion / Maintain Motion (of Hallmark tested size and glazing) 4 40/45 Air/Water/Structural Performance 1 Meets or Exceeds AAMA / WDMA Ratings H-CW30 - CW50 Hallmark Certified Air Infiltration (cfm / ft 2 of frame @ 1.57 psf wind pressure) 2 0.11 Water Resistance 4.6 – 7.5 psf Design Pressure 30 – 50 psf Size and Performance Data Sound Transmission Class / Outdoor-Indoor Transmission Class Product Frame Size Tested 5 Glazing System STC Rating OITC RatingOverall Glazing Thickness Exterior Glass Thickness Interior Glass Thickness Third Pane Thickness Reserve Clad Double-Hung Window WITH INTEGRAL GRILLES 45" x 65"11/16"2.5 mm 2.5 mm —29 26 45" x 65"11/16"3 mm 5 mm —34 30 45" x 65"11/16"3 mm 6 mm Laminated —35 30 WITHOUT GRILLES 45" x 65"11/16"2.5 mm 2.5 mm —28 24 45" x 65"11/16"3 mm 5 mm —32 28 45" x 65"11/16"3 mm 6 mm Laminated —33 28 W-HG-10Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window 2" 1/2" Wood Exterior - Wood Interior Putty Glaze and Ogee Grilles 7/8"5/8"1 1/4" Clad Exterior - Wood Interior Putty Glaze and Ogee Grilles 7/8"5/8"1 1/4" Grilles-Between-the-Glass ®Traditional Style Collection - Integral Light Technology Clad Exterior - Wood Interior Ogee Grilles 2" 1 1/4"7/8" Contoured Grille 3/4" Interior wood ILT grilles available in Pine, Mahogany or Douglas Fir to match complete unit. Exterior wood ILT grilles available in Pine or Mahogany to match complete unit. Grille Profiles W-HG-30Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window (1) Contact your local Pella sales representative for current designs and color options. (2) Available in clear or Low-E insulating glass only. (3) Tan, Brown and Putty Interior GBG colors are available in single-tone (Brown/Brown, Tan/Tan or Putty/Putty). Other interior colors are also available with Tan or Brown exterior. (4) Appearance of exterior grille color will vary depending on Low-E coating on glass. (5) Full screens are available on units ≤ 96" height. (6) Integrated Rolscreen only available on sizes ≥ 34" tall and 21" wide, and ≤ 84" tall and 48" wide. Frame • Select softwood, immersion treated with Pella’s EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are [clear pine] [mahogany] [douglas fir]. • Exterior surfaces are clad with aluminum. • Components are assembled with screws, staples and concealed corner locks. • Overall frame depth is 5" (127mm) for a wall depth of 3-11/16" (94mm). • Optional factory applied jamb extensions available between 3-13/16" (97mm) and 9-3/16" (233mm). • Vinyl jamb liner with wood / clad inserts. • Optional factory installed fold-out installation fins with flexible fin corners. • Optional factory-applied EnduraClad® exterior trim. Sash • Select softwood, immersion treated with Pella’s EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are [clear pine] [mahogany] [douglas fir]. Any curved member may have visible finger-jointed surfaces. • Exterior surfaces are clad with extruded aluminum butt-jointed at all corners of the sash with through-stile construction and sealed. • Corners mortised and tenoned, glued and secured with metal fasteners. • Sash thickness is 1-7/8" (47mm). • Double-Hung: Upper sash has surface-mounted wash locks for easy tilt-in cleaning] [Single-Hung: Fixed upper sash has surface-mounted wash locks] [Arch Head units have no wash locks]. • Lower sash has concealed wash locks in lower check rail allowing sash to tilt in for easy cleaning. • Simulated-Hung units have non-operable upper and lower sashes. • Sash exterior profile is [ogee] [putty glaze], interior profile is ogee. Weatherstripping • Water-stop santoprene-wrapped foam at head and sill. • Thermoplastic elastomer bulb with slip-coating set into lower sash for tight contact at check rail. • Vinyl-wrapped foam inserted into jamb liner to seal against sides of sash. Glazing System • Quality float glass complying with ASTM C 1036. • Custom and high altitude glazing available. • Silicone-glazed dual-pane 13/16" dual-seal insulating glass [[annealed] [tempered]], [[clear] [[Advanced Low-E] [SunDefense™ Low-E] [NaturalSun Low-E] [AdvancedComfort Low-E] with argon]] [[bronze] [gray] [green] Advanced Low-E [with Argon]] [obscure] [Reflective Bronze]. – or – • Silicone-glazed dual-pane 13/16" dual-seal [[annealed] [tempered]] non-impact laminated glass [[clear] [[Advanced Low-E] [SunDefense Low-E] with Argon]] [[bronze] [gray] [green] Advanced Low-E [with argon]]. Exterior • Aluminum-clad exteriors shall be finished with EnduraClad® protective finish, in a multi-step, baked-on finish. Color is [standard] [feature] [custom] 1. – or – • Aluminum-clad exteriors shall be finished with EnduraClad Plus protective finish with 70% fluoropolymer resin in a multi-step, baked-on finish. Color is [standard] [feature] [custom] 1. Interior • [Unfinished, ready for site finishing] [factory primed with one coat acrylic latex] [pine: factory prefinished [paint] [stain] 1]. Hardware • Galvanized block-and-tackle balances are connected to self-locking balance shoes which are connected to the sashes using zinc die cast terminals and concealed within the frame. • Sash lock is [standard (cam-action)] [historic spoon-style] [air-conditioner lock] [simulated lock (Single-piece lock ties upper and lower sash together. When removed lower sash becomes operable)]. Two sash locks on units with frame width 37" and greater. • Optional sash lift furnished for field installation. Two lifts on units with frame width 37" and greater. • Hardware finish is [baked enamel [Champagne] [White] [Brown] [Matte Black]] [Satin Brass] [Satin Nickel] [Oil-rubbed Bronze] [Distressed Bronze] [Distressed Nickel]. Optional Products Sash • Exterior sash lugs Optional factory applied accessory. Exterior finish is [Standard 1] [Custom 1]. Grilles • Integral Light Technology® grilles Interior grilles are [5/8"] [7/8"] [1-1/4"] [2"] ogee profile that are solid [pine] [mahogany] [douglas fir]. Interior surfaces are [unfinished, ready for site finishing] [factory primed] [pine: factory prefinished [paint] [stain] 1]. Exterior grilles are [5/8" putty glaze profile] [7/8" [putty glaze] [ogee] profile] [1-1/4" [putty glaze] [ogee] profile] [2" ogee profile] that are extruded aluminum. Patterns are [Traditional] [Prairie] [Top Row] [New England] [Victorian]. Insulating glass contains non-glare spacer between the panes of glass. Grilles are adhered to both sides of the insulating glass with VHB acrylic adhesive tape and aligned with the non-glare spacer. – or – • Grilles-Between-the-Glass 2 Insulating glass contains 3/4" contoured aluminum grilles permanently installed between two panes of glass. Patterns are [Traditional] [9-Lite Prairie] [Cross] [Top Row] Interior color is [White] [Tan 3] [Brown 3 ] [Putty 3] [Black] [Ivory] [Harvest] [Cordovan] [Brickstone]. Exterior color 4 is [standard] 1. Screens • Integrated Rolscreen® (for rectangular units only) 6 Retractable screen integrated into [lower sash] [both upper and lower sash]. Screen rollers are fixed and concealed within the frame, screen is held to the sash by magnets which release when the bottom sash is tilted for cleaning, and when the upper sash is opened past 18". InView Screen cloth, black vinyl-coated 18/18 mesh fiberglass screen cloth complying with ASTM D 3656 and the performance requirements of SMA 1201. – or – • InView™ screens [Half-Size] [Full-Size 4 ] black vinyl-coated 18/18 mesh fiberglass screen cloth complying with the performance requirements of SMA 1201, set in a [standard roll-form] [premium extruded] aluminum frame fitted to outside of window, supplied complete with all necessary hardware. Full screen spreader bar placed on units > 37" width or > 65" height. Screen frame finish is [standard screen: baked enamel] [premium extruded: baked enamel], color to match window cladding. Hardware • Optional factory applied limited opening device available for vent units in stainless steel; nominal 3-3/4" opening. Limiting device concealed from view. • Optional factory applied window opening control device. Device allows window to open less than 4" with normal operation, with a release mechanism that allows the sash to open completely. Complies with ASTM F2090-10. Sensors • Optional factory installed integrated security sensors available in vent units. Detailed Product Description - Aluminum-Clad Exterior W-HG-36Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window Scale 3" = 1' 0" All dimensions are approximate.[47]1 7/8"[48] 1 7/8" [74] 2 15/16"[48]1 7/8"[38] 1 1/2" [75] 2 15/16"[48]1 7/8"[75] 2 15/16" [39] 1 1/2" [47] 1 7/8"[48]1 7/8"[104]4 1/8"Shown Custom 3" Bottom Rail Fixed Double Hung[72]2 13/16"FRAME HEIGHT[19]3/4"[77]3"[127] 5" [19] 3/4" FRAME WIDTH [19] 3/4" [31] 1 3/16"[33]1 5/16"[94]3 11/16"Installation Fin Optional Fold-out units with unequal sash. Dimension required for ordering CHECKRAIL HEIGHT[27] 1 1/16" FRAME WIDTH[127]5"[27] 1 1/16" FRAME WIDTH[33]1 5/16"[34] 1 5/16"[94]3 11/16"Installation Fin Optional Fold-out [40]1 9/16"[47]1 7/8"[127] 5"FRAME HEIGHT[51]2"[72]2 13/16"[107]4 1/4"[78]3 1/16"[39]1 9/16"[48] 1 7/8" [48] 1 7/8" FJ FH FS VS VH LJ UJ CR FH FIXED HEAD FJ FIXED JAMB FS FIXED SILL UPPER JAMBSUJ LOWER JAMBSLJ VS VENT SILL CHECK RAILCR VH VENT HEAD Unit Sections - Aluminum-Clad Putty Glaze Exterior Profile W-HG-37Pella 2022 Architectural Design Manual | Division 08 – Openings | Windows and Doors | www.Pella.com Pella® Reserve™ Traditional Hung Window Scale 3" = 1' 0" All dimensions are approximate. See supporting document Combination Recommendations, for mullion limitations and reinforcing requirements. LX VENT / LX VENT VERTICAL JOINING MULLION TRANSOM / VENT HORIZONTAL JOINING MULLION LX VENT / FIXED VERTICAL JOINING MULLION[72]2 13/16"[48]1 7/8"[47] 1 7/8" [74] 2 15/16"[47]1 7/8"[48] 1 7/8" FRAME WIDTH [19] 3/4"[33]1 5/16"[94]3 11/16"Installation Fin Optional Fold-outFRAME HEIGHT[19]3/4"[19] 3/4" TS TJ TH TRANSOM HEADTH TRANSOM JAMBTJ TRANSOM SILLTS Unit Sections - Aluminum-Clad Putty Glaze Exterior Profile Typical Joining Mullions PELLA® RESERVE™ TRADITIONAL ALUMINUM- CLAD WOOD WINDOWS & PATIO DOORS EXQUISITELY DESIGNED WINDOWS AND DOORS WITH UNPARALLELED HISTORICAL DETAILING. 2 3 NOW YOU SEE IT, NOW YOU DON’T. Self-storing Integrated Rolscreen® retractable screens let in light, fresh air and nothing else. Close the window and they roll out of sight. 1 Study of homeowner perceptions of leading national brands. Study commissioned by Pella, 2021. 2 Based on comparing written limited warranties of leading national wood window and wood patio door brands. See written limited warranties for complete details, including exceptions and limitations, at pella.com/warranty, or contact Pella Customer Service. 3 See written limited warranties for complete details, including exceptions and limitations, at pella.com/warranty, or contact Pella Customer Service. RATED #1 BY HOMEOWNERS FOR INNOVATION1 We are continually striving to improve what we do and how we do it. That drive has earned us 150 patents and counting for amazing innovations. In 1925 we opened our doors with the patented Rolscreen® retractable screen, a time-tested innovation that is still one of our most desired features today. RATED #1 BY HOMEOWNERS FOR HIGHEST QUALITY1 We make products specifically for you with meticulous care and attention. Our wood craftsmen have been honing their skills, on average, for over 14 years — that’s longer than it takes for most to earn their PhD. And it doesn’t stop there. Our product designs are tested beyond industry standards, so you can trust them to perform. Door designs are tested to 100,000 open and close cycles, and double-hung and casement window designs are tested at least 6,000 times. THE BEST LIMITED LIFETIME WARRANTY FOR WOOD WINDOWS AND PATIO DOORS2 You can feel confident in your investment. We pride ourselves on providing exceptional quality, exceeding expectations and going beyond requirements. That’s why we stand behind all of our wood windows and patio doors with a limited lifetime warranty.3 WHY YOU CAN TRUST PELL A At Pella, we don’t just create windows and doors. We innovate with purpose, design with passion, build with integrity and deliver with pride. 4 5 WHY CHOOSE WOOD? Get the beauty and warmth of natural wood, our most customizable designs and exceptional energy efficiency. All Pella wood products are made with high-quality wood, metal and manufacturing processes, regardless of product line. EXCLUSIVE WOOD PROTECTION Pella’s exclusive EnduraGuard® wood protection is applied after the pieces have been cut and milled, but prior to final assembly, providing advanced protection against the elements. DESIGNED FOR LONG-LASTING DURABILITY Intentional jamb-on-sill design helps seal the end grain of the wood and elevates it off the rough opening, reducing the potential to absorb moisture. For added strength and durability, our three-way corner joints are made up of mortise-and- tenon, metal fasteners and commercial adhesive. QUALITY EXTERIOR AND INTERIOR FINISHES Extruded aluminum-clad exteriors feature through-stile construction for exceptional durability and EnduraClad® finishes that resist fading and chalking. Interiors can be factory pre-finished to save time. Our prefinish is applied prior to final assembly and kiln-cured for a quality aesthetic. ENDURAGUARD® WOOD PROTECTION Advanced protection for wood against the effects of moisture, decay, stains from mold and mildew — as well as termite damage. EXTERIOR ALUMINUM CLADDING Exceptionally durable aluminum cladding with EnduraClad® exterior finish helps protect windows and patio doors for years. INSULATING GLASS SEAL A long-lasting insulating glass seal provides a clear view and exceptional energy efficiency. * Based on comparing written limited warranties of leading national wood window and wood patio door brands. See written limited warranty for details, including exceptions and limitations, at pella.com/warranty or contact Pella Customer Service. THE BEST LIMITED LIFETIME WARRANTY FOR WOOD WINDOWS AND PATIO DOORS* You can be confident in your investment. At Pella, we are committed to designing and building wood products with exceptional quality and durability. This is supported by: “ — ALAN PICKETT, PELLA ARCHITECTURAL SOLUTIONS OUR DEDICATED TEAM IS PART OF YOUR PROJECT'S POTENTIAL. WE PROVIDE SOLUTIONS TO HELP COMPLETE YOUR PROJECT.” 6 7 AVAILABLE IN THESE WINDOW AND PATIO DOOR STYLES: Winner of the 2019 Most Innovative Window from Window and Door Magazine EVERY DETAIL MATTERS Created for those who refuse to settle for anything less than extraordinary, Pella Reserve – Traditional products provide unparalleled historical detailing. From authentic hardware and a disappearing screen to sash lugs that allow tilting, we've thought of every detail. SlidingPatio DoorHingedPatio Door BifoldPatio Door Multi-Slide Patio DoorAngle-TopWindow Bay or BowWindow CasementWindow FixedWindowCurve-TopWindow Single-HungWindowCornerWindow HISTORIC PUTTY PROFILE Further your aesthetic with the putty profile, recreated with historically accurate angles — providing meaningful depth and a realistic shadow. Pella Reserve products offer the industry's deepest sash dimensions for a richer and more dramatic aesthetic for your project. THROUGH-STILE CONSTRUCTION Essential to the tradition of window making, butt joinery and through-stile construction create authentic proportions and emulate historic window design. INTEGRAL LIGHT TECHNOLOGY® Pella's Integral Light Technology helps capture the look of true-divided-light without sacrificing energy efficiency. AUTHENTIC HARDWARE Complement your project with historically authentic spoon-lock window hardware. Our Antiek casement window hardware is inspired by period furniture to deliver authentic, traditional style. Add charm to patio doors with premium hardware created in collaboration with Baldwin®. WHY CHOOSE PELLA® RESERVE™ — TRADITIONAL? Revel in the authenticity and bring your design vision to life. Exuding the tenets of traditional designs, Pella Reserve – Traditional products provide historical elements with uncompromised attention to detail. Special shapes also available. Push-OutCasementWindow AwningWindow Double-HungWindow 8 9 THROUGH-STILE CONSTRUCTION Essential to the authenticity of traditional window making, historical accuracy is achieved with butt joinery and through-stile construction on the exterior cladding. TAILOR-MADE SOLUTIONS Partner with Pella. From preliminary drawings to installation, Pella's expert team of architects, engineers, drafters and consultants can work to deliver custom window and door solutions for your project. AUTHENTIC LOOK OF TRUE DIVIDED LIGHT Our Integral Light Technology® grilles help capture the look of true-divided-light without sacrificing energy performance, giving you a more authentic look. PUTTY GLAZE PROFILE Our putty profile with historically accurate angles provides a realistic shadow. Pella® ReserveTM products offer the industry's deepest sash dimension for a richer, deeper and more dramatic aesthetic for your project. EXTRUDED ALUMINUM EXTERIORS Pella Reserve products are available with extruded aluminum-clad exteriors for exceptional durability. Create a custom exterior color to meet your design needs or choose from our wide variety of color options. INTEGRATED ROLSCREEN® Winner of the 2019 Most Innovative Window from Window and Door Magazine, the Integrated Rolscreen retractable screen provides a cleaner, more polished look. The Integrated Rolscreen is a double- and single-hung screen that appears when you open the window, and rolls away, out of sight, when you close it. ACHIEVE YOUR VISION WITHOUT CONCESSIONS 10 11 THE BEST OF BOTH WORLDS The Integrated Rolscreen® is there when you need it and hidden when you don’t. Stored safely inside the window when it's closed the retractable screen gives a cleaner, more polished look and eliminates maintenance of seasonal screen removal and storage. “WE KNOW DETAILS MAKE ALL THE DIFFERENCE. THAT'S WHY PELLA FOCUSES ON THE HISTORICAL DETAILS TO DELIVER THE LEVEL OF AUTHENTICITY YOU DESIRE.” — ALAN PICKETT, PELLA ARCHITECTURAL SOLUTIONS 12 13 Wood Ty p e s Choose the wood species that best complements your project's interior. MahoganyDouglas FirPine Cherry MapleRed OakWhite Oak Custom solutions: Espresso StainRed Mahogany StainDark Mahogany Stain Prefinished Pine Interior Colors When you select pine, we can prefinish in your choice of a variety of paints and stains. Unfinished or primed and ready-to-paint are also available. Linen WhiteBright WhiteWhite NaturalStain Golden Oak Stain Early American Stain Provincial Stain BlackStainCharcoal Stain COLORS & FINISHES WINDOW HARDWARE 1 Flush multi-slide handle is a Pella exclusive design. 2 Flush multi-slide handle is not available in Champagne. * EnduraClad Plus protective finish is not available with all colors. See your local Pella sales representative for availability. Classic Collection Get a timeless look with authentic styles in classic finishes. Matte BlackChampagneWhiteBrown Finishes: Fold-Away Crank Antiek Spoon-Style Lock Oil-Rubbed Bronze Satin Nickel Satin Brass PATIO DOOR HARDWARE Sliding & Multi-Slide Pa t i o Door Handle Ambrose Multi-Slide Patio Door Handle1, 2 Hinged & Bif old Pa t i o Door Handle Virago Classic Collection Choose timeless pieces, created in collaboration with Baldwin® Hardware, for a look that will never go out of style. Matte Black Finishes: Satin NickelOil-Rubbed Bronze Satin Brass Essential Collection Select from popular designs and finishes to suit every style. Finishes: Fold-Away Crank C a m -Ac t i o n Lock Matte BlackChampagneWhiteBrown Oil-Rubbed Bronze Satin Nickel Satin Brass Essential Collection Elevate your style and transform your home with elegant selections. Additional hardware collections available. See your local Pella sales rep for more options. Finishes: Multi-Slide Patio Door Handle1, 2 Sliding Patio Door HandleHinged & Bifold Patio Door Handle Matte BlackChampagneWhiteBrown Oil-Rubbed Bronze Satin Nickel Satin Brass Black Extruded Aluminum-Clad Exterior Colors Our low-maintenance EnduraClad® exterior finish resists chalking and fading. Take durability further with EnduraClad Plus protective finish, which meets the industry's highest exterior coating standard to defend against chalking and fading.* Custom colors are also available. HartfordGreen Sage Br i c k Red SpiceRed Brown Putty Sa t i n Steel Classic White WolfGray Fossil Almond Matte Gray IronOre White Pe ar l Gray FrostBlue Portobello SoftLinen BlueAsh BALDWIN 14 15 REVEL IN THE AUTHENTICITY Pella's Integral Light Technology® grilles help capture the look of true-divided-light without sacrificing energy per formance. Choose the look of true divided light, or make cleaning easier by selecting grilles-between-the-glass. Grilles-Between-the-Glass Interior Colors:2 GRILLES Ogee Integral Light Technology®¹ 7/8”, 1-1/4” or 2” Aluminum Grilles- Between-the-Glass2 3/4” 7/8” putty ILT Putty Glaze Integral Light Technology® with Ogee Interior1 5/8”, 7/8” 1-1/4” or 2" 1 Color-matched to your product’s interior and exterior color. 2 Appearance of exterior grille color may vary depending on the Low-E insulating glass selection. 3 Optional high-altitude InsulShield Low-E glass is available with or without argon on select products. 4 Available on select products only. See your local Pella sales representative for availability. 5 Available with Low-E insulating glass with argon on select products. 6 For best performance, the laminated glass may be in the interior or exterior pane of the insulating glass, depending on the product. 7 Sound control glass consists of dissimilar glass thickness (5mm/3mm). 8 Requires the Pella Insynctive App on a smart device, an Insynctive Bridge and a wireless home internet router with internet connection. Integrated Se c uri t y Sensors Choose optional, built-in security sensors powered by Insynctive® technology so you can monitor windows and doors while at home or away with the Pella Insynctive App.8 Learn more at connectpella.com. ADDED PEACE OF MIND BrownWhiteBlack HarvestIvory CordovanFossil GL ASS InsulShield® Low-E Glass3 Additional Glass Options Advanced Low-E insulating dual- or triple-pane glass with argon4 AdvancedComfort Low-E insulating dual-pane glass with argon NaturalSun Low-E insulating dual- or triple-pane glass with argon4 SunDefense™ Low-E insulating dual- or triple-pane glass with argon4 STC (Sound Transmission Class)-improved dual-pane sound control glass4,7 Laminated (non-impact-resistant)5,6, tinted3,5 or obscure3,5 glass also available on select products Impact-Resistant glass4,5 7/8” ILTMetal spacer ©2022 Pella Corporation. All Right s Reser ved. PRT0922. W152617 * Based on comparing written limited warranties of leading national wood window and wood patio door brands. See Pella written Limited Warranty for details, including exceptions and limitations, at pella.com/warranty, or contact Pella Customer Service at 877-473-5527. THE BEST LIMITED LIFETIME WARR ANT Y FOR WOOD WINDOWS AND PATIO DOORS* Pella wood products are backed by the best limited lifetime warranty for wood windows and patio doors.* A ten-year limited warranty for Baldwin hardware is included. See written limited warranty for details, including exceptions and limitations, at pella.com/warranty. Connec t with Pella: NOTE: Product specifications may change without notice. Actual colors may vary from those shown and products may vary slightly from illustrations and photos. WANT TO LEARN MORE? CALL US AT 833-44-PELLA OR VISIT PELLA.COM March 8, 2023 Board of Adjustment Meeting EXC23-0002 ITEM 5A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC23-0001 Parcel Number: 1022108013 Prepared by: Kirk Lehmann, Associate Planner Date: March 8, 2023 GENERAL INFORMATION: Applicant: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, IL 60647 Contact Person: Thomas Scesniak 1754 W. Wise Rd RDG W, Unit 1754 Schaumburg, IL 60193 tscesniak@aol.com Property Owner: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, IL 60647 Requested Action: Special exception for an accessory drive-through facility in a Community Commercial (CC-2) zone Purpose: To allow a drive-through facility associated with an eating establishment Location: 1926 Keokuk Street Location Map: Size: 0.60 acres Existing Land Use and Zoning: Commercial; Community Commercial (CC-2) Surrounding Land Use and Zoning: North: Commercial; Community Commercial (CC-2) East: Commercial; Community Commercial (CC-2) 2 South: Commercial; Community Commercial (CC-2) West: Commercial; Community Commercial (CC-2) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4C-2K-3: Drive Through Facilities File Date: January 17, 2023 BACKGROUND: The applicant is requesting a special exception to allow an accessory drive-through facility associated with an eating establishment in a Community Commercial (CC-2) for the subject property at 1926 Keokuk Street. The property is part of the tract comprising the Pepperwood Plaza commercial area. Shared drives in this area provide access to the site from the east, and a shared drive directly to the north connects to Keokuk Street. The Keokuk Street right-of-way and a sidewalk are located along the site’s west property line. The subject property also connects to the Pepperwood Plaza tract’s pedestrian network along its east property line. Surrounding uses are also primarily commercial. Attachments 1 and 2 include an aerial image and zoning exhibit. The lot is 26,252 square feet, and the proposed building is 2,593 square feet. The site plan (Attachment 4) shows the building in the center of the site with parking to the north. The proposed drive-through facility is accessed through the parking area and includes two order lanes that converge parallel to Keokuk Street and wrap around to a pick-up window on the south side of the building where it exits onto a shared drive. In addition to the pick-up lane, a bypass lane is proposed. The applicant previously obtained a special exception on June 8, 2022 (EXC22-0004) to use the existing non-conforming drive-through facility by retaining part of the existing building. The new application would instead allow the building to be demolished, a new structure built, and a conforming drive-through facility constructed. Because the existing building would be demolished, all non-conforming development must be brought into compliance with current standards. 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 in Section 14-4C-2K-3, pertaining to special exceptions to allow drive through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment 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 eac h criterion may be found on the attached application. Staff comments are set forth below. Specific Standards 14-4C-2K-3: Drive Through Facilities a.Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the 3 area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1)Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: •As part of the Pepperwood Plaza tract, the subject property connects to Keokuk Street to the west, Highway 6E to the north, and Broadway Street to the east through shared private drives. •The proposed drive-through facility is accessed through an onsite parking aisle from a shared private drive and cannot be directly accessed from a street. (2)To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. FINDINGS: •No changes to curb cuts on public streets are proposed as part of the project. (3)An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive-through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). FINDINGS: •The site plan shows 2 order lanes that converge into a single pick-up lane with a bypass lane that allows vehicles to leave if needed. •The pick-up lane has 7 stacking spaces which exceeds the requirement. •The parking aisle leading to the drive-through has adequate space to accommodate spillover traffic and minimize traffic safety impacts. (4)Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. 4 FINDINGS: • The site plan indicates directional arrows in the drive-through and parking areas and a ‘do not enter sign’ at the drive-through exit. • The pedestrian route through the subject property is demarcated with dyed concrete where it crosses the parking aisle. b. Location: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street-facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: • The proposed drive-through will not be located on a nonstreet-facing façade. • The proposed drive-through replaces an existing non-conforming drive-through on the Keokuk-Street-facing façade of the building. • The proposed drive-through does not affect pedestrian access and is set back 10 feet from Keokuk Street which allows new screening on the property. • The site plan shows several new street trees which help to provide consistency with typical commercial streetscapes. • The proposed drive-through is consistent with adjacent commercial uses and does not substantially change the character of the area. • Screening between the drive-through and Keokuk Street will help minimize impacts on surrounding development and the pedestrian environment. (2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: • The proposed drive-through is set back 10 feet from Keokuk Street with screening as discussed below. c. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive- through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. 5 FINDINGS: • The site plan shows two drive-through lanes that converge into a 12-foot pick-up lane and 12-foot pass-by lane along the west edge of property. • The subject property is in an auto-oriented commercial district. • The proposed drive-through would replace an existing non-conforming drive- through that is closer to the property line and provides less screening. • Screening between the drive-through and Keokuk Street will help minimize impacts on surrounding development and the pedestrian environment. (2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5') in height and shall be designed to complement the principal building on the site. FINDINGS: • The proposed drive-through facility is screened from Keokuk Street to the S2 standard, and the subject property and adjacent properties are part of the Pepperwood Plaza tract. • The property is not adjacent to residential uses or property zoned residential. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: • Two kiosks for ordering and a single window for payment and pick-up are proposed for the drive-through. (4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: • No new vehicular and pedestrian conflicts are created by the proposed facility. • There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • The proposed drive-through replaces an existing drive-through in a commercial area, and landscaping elements ensure it is integrated into the surrounding streetscape design of the area. 6 (5)Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: •Staff will ensure lighting meets the City standards to prevent light trespass and glare onto neighboring properties during site plan review. 6)(Repealed by Ordinance No. 16-4685 on 11-15-2016) 7)Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: •The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way. •The property is not adjacent to residential uses. General Standards: 14-4B-3: Special Exception Review Requirements: 1.The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: •The proposed drive-through replaces an existing nonconforming drive-through facility with a new conforming drive-through facility. •The proposed eating establishment is smaller than the previous establishment, which suggests vehicular traffic should not substantially exceed previous levels. •Vehicular circulation and access are adequate to accommodate drive-through traffic. •No new vehicular and pedestrian conflicts are created by the proposed facility. •There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. 2.The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: •The property is in a commercial area and is complimentary to surrounding uses. •Screening and new street trees help mitigate impacts to the neighborhood. 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: 7 •The surrounding area is fully developed with commercial uses. •Future redevelopment and improvement of adjacent properties will not be affected. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS:•Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements. •The project expands green space and landscaping which reduces stormwater runoff. 5.Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS:•There is adequate space for stacking vehicles in the drive-through lanes. •The proposed drive-through lanes are accessed from and exit to shared drives. •There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. •Signage and pavement markings will help efficiently direct vehicles through the site. •The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion. 6.Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS:•All non-conforming development on the property must be brought into compliance with current zoning standards because the grandfathered use is being demolished. •The site plan shows 17 parking spaces and 6 bicycle parking spaces, which meets minimum parking requirements. •The site plan brings several aspects of the subject property into compliance with current zoning standards, including removal of parking spaces located on a drive, replacement of a non-conforming drive-through, and the addition of appropriate screening. •Staff will ensure the proposed development conforms with all applicable zoning standards and regulations during the subsequent site plan review. 7.The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS:•Future Land Use Maps designate the subject property as General Commercial in the Comprehensive Plan and Commercial in the South District Plan. •The Comprehensive Plan supports encouraging “new business development in existing core or neighborhood commercial areas”. •The proposed use of this property is consistent with Comprehensive and District Plans. 8 STAFF RECOMMENDATION: Staff recommends approval of EXC23-0001, to allow an accessory drive-through facility in a Community Commercial (CC-2) zone, for the property located at 1926 Keokuk Street. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 1 Location Map Prepared by Staff KEOKUKSTOLYMPIC CT SOUTHGATE AVE HIGH W A Y 6 E EXC23-00011926 Keokuk St. Drive Throughµ 0 0.03 0.060.015 Miles Prepared By: Emani Brinkman Date Prepared: January 2023 An application submitted by JAM Investments of Iowa City for a special exception to allow a new conforming drive-through facility associated with an eating establishment at 1926 Keokuk Street. March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 2 Zoning Map Prepared by Staff KEOKUKSTOLYMPIC CT SOUTHGATE AVE HIGH W A Y 6 E RS5 CC2 EXC23-00011926 Keokuk St. Drive Throughµ 0 0.03 0.060.015 Miles Prepared By: Emani Brinkman Date Prepared: January 2023 An application submitted by JAM Investments of Iowa City for a special exception to allow a new conforming drive-through facility associated with an eating establishment at 1926 Keokuk Street. March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 3 Correspondence Submitted by the Identified Party Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code ORSCHELN FARM AND HOME 090 PO BOX 22845 OAKLAHOMA CITY, OK 73123-1845 THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406-0122 RESILIENT SUSTAINABLE FUTURE F 308 E BURLINGTON ST #293 IOWA CITY, IA 52240 PB2J LLC 18 IDYLLWILD CT IOWA CITY, IA 52245 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 NELSON F MELLADO 2030 KEOKUK ST IOWA CITY, IA 52440 KEOKUK INVESTMENTS LLC 2010 KEOKUK ST IOWA CITY, IA 52240 PEPPERWOOD PROPERTIES LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA MENNONITE CROWDED CLOSET 851 HIGHWAY 6 E UNIT 101 IOWA CITY, IA 52240 TIMBERLINE PROPERTIES 4415 HWY 6 SUGARLAND, TX 77478 MELMAR SWP LLC 1524 KIMBER LN EVANSVILLE, IN 47715 MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244-1700 SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 WWJ INVESTMENTS 1850 MCCLOUD PL NE CEDAR RAPIDS, IA 52402 DVIP 1105 S GILBERT CT #300 IOWA CITY, IA 52240 JAM INVESTMENTS OF IOWA CITY L 1658 N MILWAUKEE AVE #107 CHICAGO, IL 60647 GRD PEPPERWOOD LLC 1805 STATE ST STE 101 BETTENDORF, IA 52722 MGNS LLC PO BOX 5591 CORALVILLE, IA 52241 KWIK TRIP INC 1626 OAK ST LA CROSSE, WI 54602 CT PROPERTIES, LP 655 HOLLYWOOD BLVD IOWA CITY, IA 52240 BREESE CO INC THE 611 SOUTHGATE AVE IOWA CITY, IA 52240 ELM REAL ESTATE LC 603 SOUTHGATE AVE IOWA CITY, IA 52240 RESILIENT SUSTAINABLE FUTURE FOR IOWA CITY 1927 KEOKUK ST IOWA CITY, IA 52240 PB2J, LLC 545 OLYMPIC CT IOWA CITY, IA 52240 BURTCH RENTALS, LLC 1929 KEOKUK ST IOWA CITY, IA 52240 BURTCH RENTALS, LLC 1929 KEOKUK ST REAR IOWA CITY, IA 52240 MACKIE RENTALS LLC 1933 KEOKUK ST IOWA CITY, IA 52240 MACKIE RENTALS LLC 610 SOUTHGATE AVE REAR IOWA CITY, IA 52240 D GARCIA, LLC 1937 KEOKUK ST IOWA CITY, IA 52240 MACKIE RENTALS LLC 610 SOUTHGATE AVE IOWA CITY, IA 52240 MCC IOWA LLC SOUTHGATE AVE IOWA CITY, IA 52240 MCC IOWA LLC 546 SOUTHGATE AVE IOWA CITY, IA 52240 MELLADO, NELSON F 2030 KEOKUK ST IOWA CITY, IA 52240 KEOKUK INVESTMENTS, LLC 2010 KEOKUK ST IOWA CITY, IA 52240 TIMBERLINE PROPERTIES, LLC 907 HIGHWAY 6 E IOWA CITY, IA 52240 MELMAR SWP, LLC 841 HIGHWAY 6 E IOWA CITY, IA 52240 MIDWESTONE BANK 1906 KEOKUK ST IOWA CITY, IA 52240 SOUTHSIDE SPIRITS LLC 1921 KEOKUK ST IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 13 IOWA CITY, IA 52240 RESIDENT OF 2017 KEOKUK ST APT 14 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2033 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2103 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2119 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2135 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 13 IOWA CITY, IA 52240 RESIDENT OF 2151 KEOKUK ST APT 14 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 2 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 3 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 4 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 5 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 6 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 7 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 8 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 9 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 10 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 11 IOWA CITY, IA 52240 RESIDENT OF 2167 KEOKUK ST APT 12 IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST IOWA CITY, IA 52240 RESIDENT OF 2001 KEOKUK ST APT 1 IOWA CITY, IA 52240 RESIDENT OF 548 OLYMPIC CT IOWA CITY, IA 52240 WWJ INVESTMENTS 609 OLYMPIC CT IOWA CITY, IA 52240 DOMESTIC VIOLENCE INTERVENTION PROGRAM, INC 612 OLYMPIC CT IOWA CITY, IA 52240 JAM INVESTMENTS OF IOWA CITY, LLC 1926 KEOKUK ST IOWA CITY, IA 52240 GRD PEPPERWOOD, LLC 851 HIGHWAY 6 E UNIT 102 IOWA CITY, IA 52240 MGNS, LLC 851 HIGHWAY 6 E UNIT 103 IOWA CITY, IA 52240 KWIK TRIP, INC 1907 KEOKUK ST IOWA CITY, IA 52240 March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 4 Application Materials Submitted by the Applicant Project Description: To approve a drive-through use in a CC-2 zone at 1926 Keokuk Drive KEOKUK STREET (PUBLIC STREET)HOLLYWOOD BLVD(PUBLIC STREET)O.L. "A"PEPPERWOOD PLAZASUBDIVISIONLOT 1PEPPERWOOD PLAZASUBDIVISION24"x48"4TIERS24"x48"4TIERS24"x48" 4TIERS 24"x48" 4TIERS 42x2624"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS87" x 28"42"H42x2642x2642x2642x26 42x2642x26 24"x48" 4TIERS 28 SEATSBLOCK 1BRAVERMAN CENTER KEOKUK STREET(PUBLIC STREET)HOLLYWOOD BLVD(PUBLIC STREET)O.L. "A"PEPPERWOOD PLAZASUBDIVISIONLOT 1PEPPERWOOD PLAZASUBDIVISION24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS 24"x48"4TIERS 42x2624"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS87" x 28"42"H42x2642x2642x2642x26 42x2642x26 24"x48"4TIERS 28 SEATS KEOKUK STREET(PUBLIC STREET)HOLLYWOOD BLVD(PUBLIC STREET)O.L. "A"PEPPERWOOD PLAZASUBDIVISIONLOT 1PEPPERWOOD PLAZASUBDIVISIONBLOCK 1BRAVERMAN CENTER24"x48"4TIERS24"x48"4TIERS24"x48" 4TIERS 24"x48" 4TIERS 42x2624"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS24"x48"4TIERS87" x 28"42"H42x2642x2642x2642x26 42x2642x26 24"x48" 4TIERS 28 SEATS SJO I 'lerrl eq ilI/*\ /(oleq pelBretunue 'epoc qc(vg-gttD Bueluc preueo pue (g-xz-cv'vt) BrreluC cglcedg eql rer1l ouorlenuo3ur cglceds lueserd ol permber sr pecllddu eq1 'YZv-Id,(OO/tlUgddiId ur pe}?col sBAr lnH vn\daql erorlly\ pelcn4suoc eq otr q gcr-q r ue{cltl3 euBlslno'I sededo4 ^dA,flN rod :1!\gl^itu peqcqlv ees :STVJS OI NA\YUC NV"Id IO'Id parlcqlY ees :AIUAdOUd JO NOIIdnIJSIIC TVOgI :rNvSllddv ,\s oiral^ol{d ilg oI NoILYI^NO{NI zz07,lzzlv0 :ANV JI .CSTIC TVTIddV tIO NOIIYf,I'IddV SOOIA!rud dO AJVC tuBmslseu nn[L e^uc :NOIJdSCXII TyIJ[IdS UOC gSOdUnd t->lz-J?nl :t touagcxg rvlcilds aittsirnDffu cIdIJIIds IOZE'ZTZ'LNg Ln909 sloqm'o8ecrq3 l0I# onue^v ee{n" rFI/{ 'N gggl d113 emolgo sluau4selq[ IAIV1 :U1IN IO IJUiIdOUd T,ttg'zgtLn8 t6 I09 slouHII'Emqurnuqcg p"ou esra lsofl\ rs[I )Pmsecs 'A sBurolll : Nosugd ISVINOS ro(,EZtz Lng Lng09 sloqm'o8ecrq3 ,0I# enue^v ee{ruilqrtr I'N 8s9I d43 emolgo slueu4se u[ IAIV1 :INVJI-Id6V 'cv 209'0 :Ms rol Arufldoud rvgddv z'JJ :ilNoz ^ruildoudAJIC VA\OI.JATTUJS )n)OiDt 9Z6I :SSInIC(IV AIUTIdOUd tl080rzz0l :oN'rscuvd lJuildoud Ez$zlglllo :iIJYo NOIJdIISXII Tilf,Ads JNEI^IJSffOV CO CNTVOS 9JOZ 'pe^erqc" oq m d lueueJmber e^oq? eql pesodoJd sv 'luerue^otu rrBr&seped pue JBIncrgeA e.J€s emsue 01 slo4uoc Jerllo pue 'seem ecll?.4uo ou'sfrs dols 'sEutssoJc rrur4seped'1e,re4 JBIncrqeAJo uor1cerlp el"crpu ol pepprord eq IIBIIs sEunlretu lueursned pne eEer6rs eys uo tuelclgns '? 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Gilbert Court Iowa City, IA 52240 Contact Person: Adrianne Bricker Axiom Consultants, LLC 60 E. Court Street, Unit 3 Iowa City, IA 52240 abricker@axiom-con.com Property Owner(s): Domestic Violence Intervention Program, Inc. 1105 S. Gilbert Court #300 Iowa City, IA 52240 Requested Action: Special exception to allow a community service – shelter use Purpose: To construct an emergency shelter for 65 to 70 survivors of domestic violence Location: 612 Olympic Court Location Map: Size: 0.701 acres Existing Land Use and Zoning: Commercial; Intensive Commercial (CI-1) 2 Surrounding Land Use and Zoning: North: Commercial; Community Commercial (CC-2) East: Commercial; Community Commercial (CC-2) South: Commercial; Intensive Commercial (CI-1) West: Institutional; Intensive Commercial (CI-1) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4D-5: Community Service - Shelter Uses File Date: February 3, 2023 BACKGROUND: The applicant, the Domestic Violence Intervention Program, Inc. (DVIP), is requesting a special exception to allow a community service – shelter use for the subject property at 612 Olympic Court. Generally, community service uses provide local, ongoing services of a public, nonprofit, or charitable nature to the community. A shelter use consists of transient housing operated by a public or nonprofit agency. DVIP is a 501(c)(3) nonprofit entity. Approval of the special exception would allow construction of an emergency shelter for up to approximately 70 survivors of domestic violence who would remain onsite temporarily. The subject property is zoned Intensive Commercial (CI-1) and is surrounded by a variety of commercial and institutional uses. Attachments 1 and 2 include an aerial image and zoning exhibit. The 30,535 square foot lot is located northeast of the bulb of Olympic Court with vehicular and pedestrian access provided directly from the street. The site plan in Attachment 4 shows the building on the north portion of the site with a small parking lot to the south. Additional parking is proposed on the first floor of the building. The site will also retain an existing cell phone tower with a small associated building. 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 in Section 14-4B-4D-5, pertaining to special exceptions to allow Community Service - Shelter Uses, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment 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 are set forth below. Specific Standards 14-4B-4D-5: Community Service – Shelter Uses a.Maximum Density: (1)In the RM-12 and MU zones: Seven hundred fifty (750) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident. 3 FINDINGS: •The property is not in an RM-12 or MU zone, so this criterion does not apply. (2)In the RM-20, RNS-20, and CO-1 zones: Five hundred fifty (550) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident. FINDINGS: •The property is not in an RM-20, RNS-20, or CO-1 zone, so this criterion does not apply. (3)In the RM-44, PRM, CI-1, CC-2, and CB-2 zones: A minimum of three hundred (300) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident is required. FINDINGS: •The property is 30,535 square feet and is zoned Intensive Commercial (CI-1). •The subject property could accommodate 101 permanent residents or 152 temporary residents. •The proposed use includes 46 beds which would accommodate approximately 70 temporary residents. b.Nuisance Issues: The proposed use will not have significant adverse effects on the livability of nearby residential or commercial uses due to loitering, noise, glare from lights, late night operations, odors, outdoor storage, and litter. The applicant must submit a site plan and a shelter management plan that address these issues. The management plan must include a litter control plan, a loitering control plan, a plan for on site security, and a conflict resolution procedure to resolve nuisance issues if they occur. The site plan and shelter management plan must be submitted along with the application for a special exception, or if allowed as a provisional use, such plan must be included with the materials submitted for site plan review. FINDINGS: •The applicant submitted a site plan and shelter management plan as part of its special exception application. Staff recommends compliance with the submitted management plan as a condition of approval, with the ability for staff to approve minor amendments as needed. •A full-time maintenance coordinator will clean and maintain the proposed use’s exterior, including addressing litter and waste removal to prevent odors. •Shelter residents will likely remain on shelter grounds due to the nature of their circumstances, and they will remain within designated, fenced outdoor areas if they are outside. Unwelcomed individuals will be promptly required to leave. •Exterior lighting is primarily intended to assist identifying unwelcomed individuals, so most lighting will motion-activated. Exterior lighting must meet standards for the Intensive Commercial (CI-1) zone. •The shelter is open 24 hours daily with quiet time from 10 pm to 7 am, which will help minimize noise and late-night impacts. •The property is in a commercial area, so exterior lights and noise are anticipated to have less impact than they would in a residential area. 4 •Outdoor storage will not be allowed at the subject property per the shelter management plan, and the dumpster must be screened to City standards. •The proposed use will be continually staffed by certified victim advocates who are trained in CPR/First Aid, facility security, first shooter response, conflict resolution, and de-escalation to ensure safety and resolve issues that may arise. •The building includes an alarm system, secure entries, motion-activated lighting, and a video camera system to facilitate the safety of shelter residents and staff. •Shelter residents will be required to leave in the event of disregard for shelter rules, including threats or use of violence. c.Site Development Standards: (1)If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi- family site development standards as set forth in section 14-2B-6 of this title. FINDINGS: •The property is not in a residential zone or in the Central Planning District, so this criterion does not apply. (2)In the CB-5 and CB-10 zones, community service/shelter uses must be located above the street level floor of a building. FINDINGS: •The property is not in a CB-5 or CB-10 zone, so this criterion does not apply. (3)The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended. FINDINGS: •The proposed use requires a rental permit to be reviewed annually by the City. •Staff will ensure the proposed use meets all housing code standards when a rental permit is issued and upon future renewals of the rental permit. General Standards: 14-4B-3: Special Exception Review Requirements 1.The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: •The Domestic Violence Intervention Program, a nonprofit with extensive experience providing emergency shelter, will operate the proposed use. •The management plan will help minimize impacts to surrounding properties related to loitering, noise, glare, late night operations, odors, outdoor storage, and litter. •The proposed use will employ a full-time maintenance coordinator and the site will be continually staffed to ensure a safe, clean, and orderly environment. •The proposed use compliments nearby uses, including the existing adjacent shelter. •The proposed use provides a necessary service for at-risk residents of the community. 5 2.The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: •The adjacent property has contained a shelter use for nearly 30 years, and adjacent lots have continued to be occupied. •The proposed use is of a similar scale to nearby buildings. •The management plan will help minimize impacts to surrounding properties. 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: •The area is fully developed with a mix of commercial and institutional uses, including a shelter for 35 survivors of domestic violence to the west. •Setbacks are adequate to physically prevent the ability of surrounding properties to be developed or improved. •It is expected that shelter residents will remain on shelter grounds due to the nature of their circumstances and will typically be active after business hours. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: •Sufficient utilities, roads, and necessary facilities are established for this area and can meet the needs of the proposed use. •Transit access is available less than 500 feet from the proposed use. •The project reduces pavement on the site and restores open space for residents which will reduce stormwater runoff. 5.Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: •The proposed use has vehicular and pedestrian access from Olympic Court which has capacity to accommodate additional traffic, in addition to access to transit nearby. •On-street parking is only available on the south side of Olympic Court •The site plan indicates adequate parking spaces for the use and underlying zone. •The proposed use is not expected to substantially affect access on public streets or traffic congestion. 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: 6 •The site plan shows 15 parking spaces and 4 bicycle parking spaces, which meets minimum parking requirements. •The site plan brings several aspects of the subject property into compliance with current zoning standards, including screening and the addition of 2 street trees. •Staff will ensure the proposed use complies all applicable zoning standards and regulations during site plan and building permit review. 7.The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: •Future Land Use Maps show the subject property as Intensive Commercial in the Comprehensive Plan and Commercial in the South District Plan. •The Comprehensive Plan’s vision supports compatible infill development. •The Zoning Code indicates this use may be compatible in the CI-1 zone. •The South District Plan specifies that there is an opportunity in commercial areas to “explore the potential for mixed use[,] residential or institutional uses” as long as it “contributes to the overall health of the surrounding neighborhood”. •The proposed use of this property is consistent with Comprehensive and District Plans. STAFF RECOMMENDATION: Staff recommends approval of EXC23-0002, to allow a community service – shelter use for the property located at 612 Olympic Court, subject to the following condition: 1.Compliance with the submitted management plan dated January 23, 2023. Staff may approve minor amendments to the plan. ATTACHMENTS: 1.Location Map 2.Zoning Map 3.Correspondence 4.Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 1 Location Map Prepared by Staff KeokukStSouthgate Ave High w a y 6 E Boyrum StOlympic Ct Holly w o o d B l v d An application submitted by Axiom Consultants on behalf of the Domestic Violence Intervention Program for a special exception to allow a community service - shelter use which will permit construction of an emergency shelter. µEXC23-0002 612 Olympic Ct Prepared By: Emani Brinkman Date Prepared: February 2023 0 0.03 0.050.01 Miles March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 2 Zoning Map Prepared by Staff KeokukStSouthgate Ave High w a y 6 E Boyrum StOlympic Ct Holly w o o d B l v d An application submitted by Axiom Consultants on behalf of the Domestic Violence Intervention Program for a special exception to allow a community service - shelter use which will permit construction of an emergency shelter. µEXC23-0002 612 Olympic Ct Prepared By: Emani Brinkman Date Prepared: February 2023 0 0.03 0.050.01 Miles March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 3 Correspondence Submitted by the Identified Party February 16, 2023 RE: Special Exception for 612 Olympic Court Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an application submitted by Axiom Consultants, LLC on behalf of Domestic Violence Intervention Program, Inc. for a special exception to allow construction of an emergency shelter located at 612 Olympic Ct. (see attached map and site plan). As a neighboring property owner and/or occupant, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for March 8, 2023 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5247 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at klehmann@iowa-city.org or 319-356-5247 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner, City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail klehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5247 or e-mail klehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail klehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions .HRNXN6W6RXWKJDWH$YH+LJKZD\ (%R\UXP6W2O\PSLF&W+ROO\ZRRG %OYG Ǧ Ǥqʹ͵ǦͲͲͲʹͳʹ ǣǣ ʹͲʹ͵ 0LOHV N88° 20' 14"E 80.43'S01° 14' 00"E 139.29'S00° 48' 21"E 55.61'S89° 11' 45"W 65.64'S00° 48' 15"E 102.33'N89° 38' 35"W 124.55'N00° 19' 20"E 24.11'N88° 56' 49"E 110.47'PROPOSED BUILDING1ST FLOOR PARKING2 FLOORS11 PARKING SPACE - (1 ADA SPACE)11,808 SF - FFE: 661.50'W W W W W W W WWFDCS S SSSSSSSSSSSDSDSDSS SS SS SS SS SS SS SS SS SS SS SS SS660660660660660665 656657657658658658 658658659659659661661661 661 661662662663663664ASITE & UTILITY KEYNOTES:EXISTING FIRE HYDRANTPROPOSED DUMPSTER ENCLOSUREEXISTING ELECTRICAL PEDESTALPROPOSED EXTERIOR DOG AREAEXISTING CELL PHONE TOWER AND ASSOCIATED BUILDINGPROPOSED LOADING AREAPROPOSED BIKE RACKPROPOSED ENTRANCE TO FIRST LEVEL PARKING GARAGEPROPOSED OUTDOOR PLAYGROUND AREAPROPOSED OUTDOOR SMOKING AREAPROPOSED ±87 LF OF RETAINING WALL, (MAX 4' HEIGHT)PROPOSED ±82 LF OF 6" WATER SERVICE. CONTRACTOR TO PROVIDE CURBSTOP. CONTRACTOR TO PROVIDE FIRE DEPARTMENT CONNECTIONADJACENT TO PROPOSED UTILITY ACCESS DOOR LOCATION.PROPOSED SANITARY SEWER SERVICE, REFER PLUMBING PLAN FORBUILDING CONNECTIONS. SANITARY SEWER SERVICE INVERT AT BUILDINGTO BE MIN. 655.50'. CONTRACTOR TO PROVIDE MIN. 1.0% SLOPE.CONTRACTOR TO EXISTING 10" SANITARY SEWER VIA. WYE. CENTERLINE FLOF EXISTING 10": 647.57'.PROPOSED GREASE SEPARATOR, REFER TO PLUMBING PLAN.PROPOSED EXTERIOR ACCESS TO MECHANICAL AND FIRE PROTECTIONROOMPROPOSED SURFACE DRAINAGE FLOW DIRECTIONBCDEFGH417'14'24'9'18'182.17'65.32'5'60.25'25'NOTES1. CONTRACTOR TO PROVIDE STOCKPILE TEMPORARYEXCAVATION SPOILS ON SITE AND PROVIDE PERIMETERMEASURES ON DOWN-SLOPE SIDE OF PILE TO CONTAINRUNOFF AND PREVENT SEDIMENT TRANSPORTATION.2. FINAL RESTORATION OF ALL NON-PAVED DISTURBEDAREAS TO BE SEEDED AND MULCHED WITH TYPE 1LAWN MIXTURE UNLESS SHOWN OTHERWISE.3. CONTRACTOR TO PROVIDE APPROPRIATE TRAFFICCONTROL WHEN NECESSARY. TRAFFIC CONTROLMEASURES SHALL BE IN CONFORMANCE WITH THEMANUAL ON UNIFORM TRAFFIC CONTROL DEVICES(MUTCD).4. STORM WATER MANAGEMENT FOR THIS SITE HAS BEENACCOUNTED FOR WITH THE ORIGINAL DEVELOPMENTOFFSITE.PARKINGEXTENDED STAY SHELTER 1 STALL / 3 BEDS46 BEDSTOTAL REQUIRED PARKING 16 STALLSTOTAL PROVIDED PARKING 17 STALLS(INCLUDES 1 ADA STALL)ABCEGHKCIVIL SITE PLANC200102-03-2023BOA CITY SUBMITTAL2IJJDDDDDD12.1'10'25.12'11.51'5'5'5'12'24'-KK6'11.14'LMNLMMO0 5 10LONMMMMM Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code ATERRA 23 536 SOUTHGATE 1001 GRAND AVE WEST DES MOINES, IA 50265 BRIAN K & DARCY R DECOSTER 1820 BOYRUM ST IOWA CITY, IA 52240 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240 DAVID L CLARK PO BOX 2026 IOWA CITY, IA 52244 DVIP 1105 S GILBERT CT #300 IOWA CITY, IA 52240 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406‐0122 GRD PEPPERWOOD LLC 1805 STATE ST STE 101 BETTENDORF, IA 52722 GREGORY J & TERI K DOWNES 601 HOLLYWOOD BLVD STE 6 IOWA CITY, IA 52240 HY‐VEE INC 5820 WESTOWN PKWY WEST DES MOINES, IA 50266 IMON COMMUNICATIONS LLC 101 3RD AVE SW STE 400 CEDAR RAPIDS, IA 52404 IOWA MENNONITE CROWDED CLOSET 851 HIGHWAY 6 E UNIT 101 IOWA CITY, IA 52240 JAM INVESTMENTS OF IOWA CITY L 1658 N MILWAUKEE AVE #107 CHICAGO, IL 60647 JAMES A ALBRECHT 505 5TH ST CORALVILLE, IA 52241 JUSTICIA LLC 1934 BOYRUM ST IOWA CITY, IA 52240 KEOKUK INVESTMENTS LLC 2010 KEOKUK ST IOWA CITY, IA 52240 KWIK TRIP INC PO BOX 2107, 1626 OAK ST LA CROSSE, WI 54602 LEROY E WEEKES POST #3949 VFW 609 HOLLYWOOD BLVD IOWA CITY, IA 52240 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 MELISSA J WILLIAMS 1441 OAKLAWN AVE IOWA CITY, IA 52245 MELMAR SWP LLC 1524 KIMBER LN EVANSVILLE, IN 47715 MGNS LLC PO BOX 5591 CORALVILLE, IA 52241 MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244‐1700 OCCUPANT 1720 WATERFRONT DR IOWA CITY, IA 52240 OCCUPANT 1906 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1907 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1921 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1924 BOYRUM ST IOWA CITY, IA 52240 OCCUPANT 1925 BOYRUM ST IOWA CITY, IA 52240 OCCUPANT 1926 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1927 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1929 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 1929 KEOKUK ST REAR IOWA CITY, IA 52240 OCCUPANT 1933 KEOKUK ST IOWA CITY, IA 52240 OCCUPANT 533 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 535 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 535 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 536 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 538 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 545 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 546 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 547 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 548 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 601 HOLLYWOOD BLVD IOWA CITY, IA 52240 OCCUPANT 603 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 609 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 610 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 610 SOUTHGATE AVE REAR IOWA CITY, IA 52240 OCCUPANT 611 HOLLYWOOD BLVD IOWA CITY, IA 52240 OCCUPANT 611 SOUTHGATE AVE IOWA CITY, IA 52240 OCCUPANT 612 OLYMPIC CT IOWA CITY, IA 52240 OCCUPANT 615 HOLLYWOOD BLVD IOWA CITY, IA 52240 OCCUPANT 655 HOLLYWOOD BLVD IOWA CITY, IA 52240 OCCUPANT 841 HIGHWAY 6 E IOWA CITY, IA 52240 OCCUPANT 851 HIGHWAY 6 E UNIT 102 IOWA CITY, IA 52240 OCCUPANT 851 HIGHWAY 6 E UNIT 103 IOWA CITY, IA 52240 ORSCHELN FARM AND HOME 090 PO BOX 22845 OAKLAHOMA CITY, OK 73123‐1845 PB2J LLC 18 IDYLLWILD CT IOWA CITY, IA 52245 PEPPERWOOD PLAZA ASSOCIATION 755 MORMON TREK BLVD IOWA CITY, IA 52246 RESILIENT SUSTAINABLE FUTURE F 308 E BURLINGTON ST #293 IOWA CITY, IA 52240 SKAY AUTOMOTIVE SERVICE INC 1936 BOYRUM ST IOWA CITY, IA 52240 SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246 TEMPLETON COMMERCIAL PROPERTIE 701 WABASH AVE SUITE 501 TERRE HAUTE, IN 47807 THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246 VERNON STEVE 2 WOODLAND DR NE IOWA CITY, IA 52240 WWJ INVESTMENTS 1850 MCCLOUD PL NE CEDAR RAPIDS, IA 52402 March 8, 2023 Board of Adjustment Meeting EXC23-0002 ATTACHMENT 4 Special Exception Application Submitted by the Applicant N88° 20' 14"E 80.43'S01° 14' 00"E 139.29'S00° 48' 21"E 55.61'S89° 11' 45"W 65.64'S00° 48' 15"E 102.33'N89° 38' 35"W 124.55' N00° 19' 20"E 24.11' N88° 56' 49"E 110.47' PROPOSED BUILDING 1ST FLOOR PARKING 2 FLOORS 11 PARKING SPACES - (1 ADA SPACE) 11,808 SF - FFE: 661.50'WWWWWWWWWFDC SSSSSSSSSSSSSDSDSDSSSSSSSSSSSSSSSSSSSSSSSSSS 660660 660 6606 6 0 665656 657 657658 658658658658659 659659661 661 661 66166 1 662 66 2 663 6 6 3 664A SITE & UTILITY KEYNOTES: EXISTING FIRE HYDRANT PROPOSED DUMPSTER ENCLOSURE EXISTING ELECTRICAL PEDESTAL PROPOSED EXTERIOR DOG AREA EXISTING CELL PHONE TOWER AND ASSOCIATED BUILDING PROPOSED LOADING AREA PROPOSED BIKE RACK PROPOSED ENTRANCE TO FIRST LEVEL PARKING GARAGE PROPOSED OUTDOOR PLAYGROUND AREA, APPROXIMATELY 25'X60' PROPOSED OUTDOOR SMOKING AREA PROPOSED ±87 LF OF SEGMENTED STONE BLOCK RETAINING WALL, (MAX 4' HEIGHT) PROPOSED ±82 LF OF 6" PVC WATER SERVICE VIA. TAPPING VALVE AND SLEEVE AND IN ACCORDANCE WITH SUDAS AND IOWA CITY WATER DEPARTMENT DEVELOPMENT STANDARDS. CONTRACTOR TO PROVIDE FIRE DEPARTMENT CONNECTION ADJACENT TO PROPOSED UTILITY ACCESS DOOR LOCATION. PROPOSED SANITARY SEWER SERVICE, REFER PLUMBING PLAN FOR BUILDING CONNECTIONS. SANITARY SEWER SERVICE INVERT AT BUILDING TO BE MIN. 655.50'. CONTRACTOR TO PROVIDE MIN. 1.0% SLOPE. CONTRACTOR TO EXISTING 10" SANITARY SEWER VIA. WYE. CENTERLINE FL OF EXISTING 10": 647.57'. PROPOSED GREASE SEPARATOR, REFER TO PLUMBING PLAN. PROPOSED EXTERIOR ACCESS TO MECHANICAL AND FIRE PROTECTION ROOM PROPOSED STREET TREE PROPOSED SURFACE DRAINAGE FLOW DIRECTION B C D E F G H 4 17' 14' 24' 9' 18' 182.17' 65.32' 5' 60.25' 25' NOTES 1.CONTRACTOR TO PROVIDE STOCKPILE TEMPORARY EXCAVATION SPOILS ON SITE AND PROVIDE PERIMETER MEASURES ON DOWN-SLOPE SIDE OF PILE TO CONTAIN RUNOFF AND PREVENT SEDIMENT TRANSPORTATION. 2.FINAL RESTORATION OF ALL NON-PAVED DISTURBED AREAS TO BE SEEDED AND MULCHED WITH TYPE 1 LAWN MIXTURE UNLESS SHOWN OTHERWISE. 3.CONTRACTOR TO PROVIDE APPROPRIATE TRAFFIC CONTROL WHEN NECESSARY. TRAFFIC CONTROL MEASURES SHALL BE IN CONFORMANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). 4.STORM WATER MANAGEMENT FOR THIS SITE HAS BEEN ACCOUNTED FOR WITH THE ORIGINAL DEVELOPMENT OFFSITE. 5.ANY FIRST FLOOR PARKING AREAS EXTERIOR WALLS SHALL BE MADE TO APPEAR TO BE A COMPONENT OF THE FACADE OF THE BUILDING THROUGH USE OF SIMILAR BUILDING MATERIALS, WINDOW OPENINGS, AND FACADE DETAILING, IN ACCORDANCE TO CITY OF IOWA CITY DEVELOPMENT STANDARDS. PARKING COMMUNITY SERVICE - SHELTER 0.1 STALL / TEMP. RESIDENT + 1 STALL / EMPLOYEE = 0.1 * 70 MAX. TEMPORARY RESIDENT (7) 1 * 4 EMPLOYEE (4) TOTAL REQUIRED PARKING 11 STALLS TOTAL PROVIDED PARKING 15 STALLS (INCLUDES 1 ADA STALL, PROVIDED INSIDE PARKING) TOTAL REQUIRED BICYCLE PARKING 4 STALLS A B C E G H K DRAWING LOGPROJECT NAME:CLIENT NAME:SHEET NAME:SHEET NUMBER PROJECT NO.:DESIGN PROFESSIONAL:NOT FOR CONSTRUCTION21-0213DECKERDVIP - IOWA CITYREVDESCRIPTION OF CHANGESDATEENGINEER:60 EAST COURT STREET, IOWA CITY, IA 52240ARCHITECT:575 12TH AVENUE, EAST MOLINE, IL 61244CIVIL SITE PLANC200202-24-2023RESPONSE TO STAFF COMMENTS #1I J J D D D D D D 12.1' 10' 25.12' 11.51' 5'5' 5' 12' 24' - K K 6' 11.14' L M N L M M O 0 5 10 L O N M M M M M 24' AREA TO RECEIVE S-2 SCREENING TO PROVIDE SCREEN BETWEEN SURFACE PARKING AND RIGHT-OF-WAY I P P P CIVIL STRUCTURAL MECHANICAL ELECTRICAL SURVEY SPECIALTY 60 East Court Street #3, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com 2330 12th Street SW, Cedar Rapids, IA 52404 | 319.519.6220 Page | 1 MEMORANDUM PROJECT: Proposed New Shelter Facility for Domestic Violence Intervention Program (DVIP) 621 Olympic Court, Iowa City, Iowa 52240 DATE: February 3, 2023 TO: The Iowa City Board of Adjustment TOPIC: Specific Approval Criteria The proposed approval criteria list, per Iowa City Code 14-4B-4, 5 Community Service – Shelter Uses, is being submitted on behalf of the Domestic Violence Intervention Program. Per the Provisional Uses and Special Exceptions Code, below is the supporting information for the approval criteria: 1) Maximum Density per the CI-1 zone: a. The proposed build is to be located at 612 Olympic Court in Iowa City. The property is owned by the Domestic Violence Intervention Program (further referred to as DVIP) and the purpose of the proposed build is to provide emergency shelter to 65-70 adults and youth nightly when they are in danger of assault, are fleeing domestic violence , or are homeless as a result of domestic violence. b. Anticipated 70 adults per the (200) square feet of lot area per temporary resident is equal to 14,000 square feet. c. Per the site plan, the property area is approximately 0.69 ACRES of which converts to 30,056 square feet. d. The proposed property meets and exceeds the maximum density requirement of 200 square feet per temporary resident. 2) Nuisance Issues: a. Please see DVIP’s Memorandum regarding the Proposed Shelter/Site Management Plan. 3) Site Development Standards: a. The site is not located within a residential zone. Current zoning is CI-1. b. This site is not located within a CB-5 and CB-10 zone. The community service/shelter uses must be located above the street level floor of the building. The shelter uses (residential shelters) are all located on the second floor of the structure. c. The proposed facility must comply with the minimum standards as specified in the Iowa City Housing code. We believe that the shelter complies with all minimum standard code. The architect has performed a code analysis for the facility and a code check schedule will be provided on the first page of the design documents. Submitted by: Robert A. Decker Principal, Project Lead Axiom Consultants, LLC Domestic Violence Intervention Program Safety and Dignity … a promise we must keep. 1 DVIP 2023 Build – Shelter/Site Management Plan Memorandum 1/23/23 To: the Iowa City Board Of Adjustment From: the Domestic Violence Intervention Program Re: Proposed Shelter/Site Management Plan 612 Olympic Court, Iowa City, Iowa 52240 This proposed management plan is submitted on behalf of the Domestic Violence Intervention Program. The proposed build is to be located at 612 Olympic Court in Iowa City. The property is owned by the Domestic Violence Intervention Program (further referred to as DVIP) and the purpose of the proposed build is to provide emergency shelter to 65-70 adults and youth nightly when they are in danger of assault, are fleeing domestic violence or are homeless as a result of domestic violence. DVIP currently manages an emergency shelter that supports 35 adults and youth nightly. The proposed management plan is for the building of a new shelter, with expanded capacity to meet community needs. The proposed management plan is based on current practices and anticipated needs of the new building. Litter/Nuisance Control Plan DVIP will continue to contract with the following resources to ensure the property and new shelter are maintained in a professional, sanitary and socially responsible manner: • Waste Removal – DVIP contracts for solid waste removal three times a week (dumpster location is cited on the design plans). Our waste removal and exterior property is also monitored by our staff and a full-time Maintenance Coordinator. The Maintenance Coordinator is responsible for clearing and maintaining our exterior property as well as minor repairs/maintenance in the building. • Loitering – Shelter residents, due to the nature of their circumstances, don’t remain outside on the grounds. There are designate areas for smoking and play, which will be fenced and video monitored for safety reasons. Our property is owned by a private non-profit, so individuals that are unwelcome on the property are notified to leave immediately either by signs on the property or by staff. Individuals that refuse to leave will be escorted off property by the Iowa City Police Department • Pest Control – DVIP currently, and will continue to contract monthly for pest control services. In addition, DVIP has heating equipment and protocol practices to eliminate issues like bed bugs on client belongings upon their arrival to the shelter. DVIP has contracted and will continue to do so, if an issue around pest control presents itself. • Vent/Service Ductwork – DVIP will contract to clean duct work and ventilation systems every two years, as is our current practice. In addition, DVIP will have ventilation appropriate to the equipment installed in the communal kitchen. The design of the private client quarters is a pod style which includes a bathroom for every bedroom and a living room/kitchenette/stackable laundry (kitchenette will only include a microwave and apartment sized refrigerator) for every four Domestic Violence Intervention Program Safety and Dignity … a promise we must keep. 2 DVIP 2023 Build – Shelter/Site Management Plan bedrooms. These will also include ventilation to ensure odor control, safety and health. • Lighting and Late Night Operations – Exterior lighting is intended for visual acuity in the event of an unwanted individual on property. Lights will be motion activated and will meet existing code requirements to minimize glare. In addition, the location of the new building is merchant and industrial – businesses that primarily close at 5pm with episodic exceptions closing at 8pm. While our shelter is available 24 hours daily, quiet time is from 10pm-7am. This is an important part of healing and resiliency for residents. We have almost no traffic in and out of the building during quiet hours, with the only exceptions for individuals that work during the overnight, or a medical emergency in the overnight hours. Because we have little activity overnight, there are no private residency buildings in our immediate location, and the businesses in our area are closed at an early hour – the expectation lighting or late night activities will have a negative impact within our neighborhood is very small. • Noise – Residents are expected to be respectful of shelter environment and other residents need for quiet and healing. • Cleaning – DVIP contracts with a professional cleaning services and will continue to do so at the new building. In-depth cleaning is provided five days weekly and staff are also required to clean daily. Finally, residents are responsible for cleaning up after themselves and their children. • Storage – We will not have outdoor storage at this location. DVIP intends to re- use the current shelter, which will be on the adjoining property, for storage, in the basement level. Storage consists of maintenance equipment, donations and client property when needed. Auto storage will be in the garage that is part of the main floor design of the new building. Clients are allowed to have a vehicle on the premises while they are residents. Abandoned vehicles are towed at the owner’s expense within 144 hours upon their exit from residency. Per policy with our state level organization (the Iowa Coalition Against Dome stic Violence), abandoned client property is stored up to six months and then disposed as appropriate to the contents. On-Site Security Plan DVIP currently provides 24/7/365 staffing to our emergency shelter at 548 Olympic Court. The new shelter is proposed to be built on an adjoining property DVIP acquired in 2015. DVIP will continue its successful safety policies in the new build. The new building will be staffed 24/7/365, all staff are certified Victim Advocates (through the Iowa Coalition Against Domestic Violence as supported by the Iowa Attorney General’s Office) and have training in CPR/First Aid, as well as facility security and first shooter response (provided the Iowa City Police Department). All staff are required to complete trainings and are observed for a set training schedule before they are approved to provide direct services and monitoring of the shelter location. All staff are supported by Shelter Management, Program Directors, the Assistant Executive Director and Executive Director. In addition, DVIP provides an On-Call support staff person and On- Call Executive Staff person daily for staff to seek additional information or assistance. Domestic Violence Intervention Program Safety and Dignity … a promise we must keep. 3 DVIP 2023 Build – Shelter/Site Management Plan In addition, as is true for the current shelter, the new shelter will have significant security features. This includes • An alarm system connected to all entrances/exits. The alarm is both auditory warning for breach and alerting for access. So for example if an exterior door is opened, we are made aware of this through a computer monitoring system. The alarm system will provide camera views, as well as notifications of changes to status. Our alarm system is monitored by a national organization that has protocols for particular types of breaches or changes to our system that inclu de contacting law enforcement, fire and DVIP Executive Staff. Finally, DVIP has and will continue to have a silent alarm feature for staff on -site (it is part of equipment staff keep on their person, as well as buttons strategically placed in the building) that directly contacts the Iowa City Police Department. While it has been used only a few times in the last 44 years, ICPD has been responsive and very reliable in responding to the protocols we have made in partnership with them. • Secure 2 door entry systems (a two door system that allows a person to be buzzed electronically into a vestibule, but not allowed immediate access to the interior building, and then the monitoring staff person controls the second door for access to the interior) at our main entrance, entrance to the youth play area, and garage. • Motion sensor lighting strategically placed on the exterior of the building to provide visual acuity. • Video camera system for the entire perimeter of the building and interior communal spaces (such as the kitchen, youth play area and kennel area). In addition, the physical construction of the building will take into consideration security measures. For some exterior locations, construction will include materials designed to create “hard” walls, or walls that are very difficult to breach. These safety measures are all important as our clients are victims of violent crime and perpetrators rarely give up the control and threat they have established. For your purposes – in the 44 years our shelter has existed we have never had a breach of our building and we feel strongly it is because of the care and strategic planning we take with security. Finally, violent and threatening behavior are not tolerated at DVIP. Clients sign an agreement upon entering shelter regarding these behaviors and are aware they will be required to leave if they threaten or use violence. Conflict Resolution Plan Another aspect of shelter staff training includes conflict resolution and de -escalation training. We have received training through Mediation Services of Eastern Iowa and the Crisis & Trauma Resource Institute. This is in addition to training provided through our state level certifications. Residents agree to treat their fellow residents and DVIP staff with respect. They agree to work to resolve conflicts in a forthright and caring manner, that recognizes the trauma Domestic Violence Intervention Program Safety and Dignity … a promise we must keep. 4 DVIP 2023 Build – Shelter/Site Management Plan and physical injury all of our residents have experienced. As part of our groupwork in the shelter environment, we provide de-escalation tips, reflective discussions/feedback and self-care tools. Conflict can happen in a community living environment, so staff work to negotiate safe space for all involved to resolve questions, disagreements or conflicts. Residents have access to daily operations, management and executive staff as needed. Residents can be written up and with continued disregard for agreed upon rules, can be required to leave the shelter. Depending on the nature of the behaviors, residents can be given a 3-day notice to leave or immediate notice if warranted (behavior that puts others in physical danger). DVIP has the capacity to reach out to community resources like Mediation Services of Eastern Iowa should that be needed. If the conflict is between a client and a staff person, DVIP has protocols for problem - solving (general) and for filing a grievance (breach of ethics or policy). This information is provided to residents when they arrive at the shelter and review the rules for our healthy communal living environment. That information also includes direct contact information for Executive level staff, as well as the Iowa Coalition Against Domestic Violence and the Iowa Attorney General’s Crime Victim Assistance Division. Protocols for grievances are also part of our Personnel Policy Handbook. Finally, if a conflict would occur with a neighboring business, we would continue in the same vein as listed above. Our management staff would work to resolve the issue with general problem-solving and de-escalation. We would provide opportunities for the neighbor to register complaints to Executive Leadership and the Board of Directors. We would use external tools, such as mediation or another agreed upon consultant. Ultimately, if required, DVIP would use legal services as needed. Submitted by: Signature Kristie Fortmann-Doser, Executive Director Printed Name/Title Domestic Violence Intervention Program Owner January 24, 2023 Date CIVIL STRUCTURAL MECHANICAL ELECTRICAL SURVEY SPECIALTY 60 East Court Street #3, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com 2330 12th Street SW, Cedar Rapids, IA 52404 | 319.519.6220 Page | 1 MEMORANDUM PROJECT: Proposed New Shelter Facility for Domestic Violence Intervention Program (DVIP) 621 Olympic Court, Iowa City, Iowa 52240 DATE: February 3, 2023 TO: The Iowa City Board of Adjustment TOPIC: General Approval Criteria The proposed general approval criteria list, per Iowa City Code 14-4B-3, is being submitted on behalf of the Domestic Violence Intervention Program. Per the Special Exceptions Code, below is the supporting information for the approval criteria: 1) The proposed new shelter will not be detrimental to, or endanger the public health, safety, comfort or general welfare to the properties around them as DVIP has and follows a litter and nuisance control plan, an on-site security plan and a conflict resolution plan that has successfully been used at their other location directly adjacent to this. 2) The proposed new shelter 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 in that DVIP is a place for residents to heal. DVIP takes into account the physical construction of the building for the sake of the tenant’s security and the full-time Maintenance Coordinator will keep the building and property clean and repaired. It does not show that property values have diminished at their other location. This has been proven through years of use of the adjacent shelter. 3) The proposed new shelter 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 as this site is zoned as a commercial property and not residential, therefore when the shelter residents are active is typically when the businesses will be closed. Due to the nature of their circumstances, shelter residents generally remain solely on shelter grounds. 4) Per the submitted site plan, adequate utilities, access roads and drainage are being provided . 5) Per the submitted site plan, adequate measures have been taken to provide ingress or egress designed to minimize traffic congestion on the public street. The shelter will have interior garage storage for vehicles as well as some exterior adjacent stalls. No parking should be taking place within the cul de sac and vehicular traffic at the shelter is historically very low. 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 locate. This shelter should meet all existing regulations as the existing shelter does. 7) We believe the proposed new shelter will meet the proposed exception and it will be consistent with the Comprehensive Plan of the City, as amended. This has been discussed with City planning personnel who may be able to provide further feedback as needed. Submitted by: Robert A. Decker Principal, Project Lead Axiom Consultants, LLC Parcel NumberMailing Name Mailing Address1 Mailing Address2 Mailing Address3 Mailing Zip Code Property Address1015458001 ORSCHELN FARM AND HOME 090 PO BOX 22845 OAKLAHOMA CITY, OK 73123‐1845 655 HOLLYWOOD BLVD 1022104001 THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246 611 SOUTHGATE AVE 1022133001 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406‐0122 603 SOUTHGATE AVE 1022133002 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406‐0122 547 SOUTHGATE AVE 1022133003 DAVID L CLARK PO BOX 2026 IOWA CITY, IA 52244 535 SOUTHGATE AVE 1022133004 DAVID L CLARK PO BOX 2026 IOWA CITY, IA 52244 533 SOUTHGATE AVE 1022126002 MELISSA J WILLIAMS 1441 OAKLAWN AVE IOWA CITY, IA 52245 538 OLYMPIC CT 1022127001 TEMPLETON COMMERCIAL PROPERTIE 701 WABASH AVE SUITE 501 TERRE HAUTE, IN 47807 1925 BOYRUM ST 1022102002 RESILIENT SUSTAINABLE FUTURE F 308 E BURLINGTON ST #293 IOWA CITY, IA 52240 1927 KEOKUK ST 1022131001 PB2J LLC 18 IDYLLWILD CT IOWA CITY, IA 52245 545 OLYMPIC CT 1022131002 IMON COMMUNICATIONS LLC 101 3RD AVE SW STE 400 CEDAR RAPIDS, IA 52404 535 OLYMPIC CT 1022102003 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 1929 KEOKUK ST 1022131003 JUSTICIA LLC 1934 BOYRUM ST IOWA CITY, IA 52240 1934 BOYRUM ST 1022103005 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 1929 KEOKUK ST REAR 1022102004 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 1933 KEOKUK ST 1022103006 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 610 SOUTHGATE AVE REAR 1022131007 SKAY AUTOMOTIVE SERVICE INC 1936 BOYRUM ST IOWA CITY, IA 52240 1936 BOYRUM ST 1022102005 D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240 1937 KEOKUK ST 1022103004 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 610 SOUTHGATE AVE 1022131006 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 SOUTHGATE AVE 1022132001 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 546 SOUTHGATE AVE 1022132002 ATERRA 23 536 SOUTHGATE 1001 GRAND AVE WEST DES MOINES, IA 50265 536 SOUTHGATE AVE 1015458004 GREGORY J & TERI K DOWNES 601 HOLLYWOOD BLVD STE 6 IOWA CITY, IA 52240 601 HOLLYWOOD BLVD 1015459001 LEROY E WEEKES POST #3949 VFW 609 HOLLYWOOD BLVD IOWA CITY, IA 52240 609 HOLLYWOOD BLVD 1015458006 BRIAN K & DARCY R DECOSTER 1820 BOYRUM ST IOWA CITY, IA52240 1820 BOYRUM ST 1015459003 VERNON STEVE 2 WOODLAND DR NE IOWA CITY, IA 52240 611 HOLLYWOOD BLVD 1022101020 KEOKUK INVESTMENTS LLC 2010 KEOKUK ST IOWA CITY, IA 52240 2010 KEOKUK ST 1022110001 IOWA MENNONITE CROWDED CLOSET 851 HIGHWAY 6 E UNIT 101IOWA CITY, IA 52240 851 HIGHWAY 6 E UNIT 1011022108005 MELMAR SWP LLC 1524 KIMBER LN EVANSVILLE, IN 47715 841 HIGHWAY 6 E 1015492001 MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244‐1700 1906 KEOKUK ST 1022102001 SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246 1921 KEOKUK ST 1022126003 JAMES A ALBRECHT 505 5TH ST CORALVILLE, IA 52241 1924 BOYRUM ST 1022126001 1105 S GILBERT CT #300 IOWA CITY, IA 52240 548 OLYMPIC CT 1022103002 WWJ INVESTMENTS 1850 MCCLOUD PL NE CEDAR RAPIDS, IA 52402 609 OLYMPIC CT 1022103001 DVIP 1105 S GILBERT CT #300 IOWA CITY, IA 52240 612 OLYMPIC CT 1015460004 HY‐VEE INC 5820 WESTOWN PKWY WEST DES MOINES, IA 50266 1720 WATERFRONT DR 1015458005 BRIAN K & DARCY R DECOSTER 1820 BOYRUM ST IOWA CITY, IA52240 615 HOLLYWOOD BLVD 1022108013 JAM INVESTMENTS OF IOWA CITY L 1658 N MILWAUKEE AVE #107 CHICAGO, IL60647 1926 KEOKUK ST 1022110002 GRD PEPPERWOOD LLC 1805 STATE ST STE 101 BETTENDORF, IA 52722 851 HIGHWAY 6 E UNIT 1021022110003 MGNS LLC PO BOX 5591 CORALVILLE, IA 52241 851 HIGHWAY 6 E UNIT 1031015493005 KWIK TRIP INC PO BOX 2107 1626 OAK ST LA CROSSE, WI 546021907 KEOKUK ST 1022108015 PEPPERWOOD PLAZA ASSOCIATION 755 MORMON TREK BLVD IOWA CITY, IA 52246 LEGAL DESCRIPTION FOR 612 OLYMPIC COURT LOT 6, BLOCK 5 OF RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6 OF BRAVERMAN CENTER, PARTS 1 AND 2 AN ADDITION TO THE CITY OF IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 19, PAGE 93, PLAT RECORDS OF JOHNSON COUNTY, IOWA March 8, 2023 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 6 ON THE AGENDA December 14, 2022 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL DECEMBER 14, 2022 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Mark Russo, Paula Swygard MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Connor Moellenbeck CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC22-0008: An application submitted by Connor Moellenbeck (DayDrink Coffee) to reduce the minimum parking requirement of a historic property by 100 percent at 518 Bowery Street. Chrischilles opened the public hearing. Lehmann began the staff report with an aerial view of the site noting it’s a small site with a small building that is historic and has been used historically for commercial uses. It is surrounded largely by multifamily uses and includes some non-conforming single-family homes as well. Lehmann pointed out an alley access directly east of the property. In terms of zoning, it is surrounded by high density multifamily residential (RM-44) zoning, however this this property itself is Neighborhood Commercial with a Historic District Overlay that was rezoned recently. Again, it's a narrow lot, only 21 feet wide by 70 feet long, the existing building is about 40 feet deep and 18 feet wide and then there's a paved area behind with access to the alley that's about 18 feet by 23 feet. In terms of the request, it is to reduce the parking to allow the use to occupy the space. In this case, a 100% reduction makes sense given that it's a historic property. This property was a grocery store around the 1850s to 1860s, and since that time it has consistently been used for nonresidential purposes as a legal non-conforming use. However, because the property was recently vacated for more than a year, it lost its historic use status and that prompted the rezoning. The property has other non-conformities as well which includes its existing parking, which is two legal non-conforming spaces, but those spaces are not enough to satisfy its five space minimum parking requirement. The five-space requirement is based on one parking space per 150 square feet of floor area. In terms of the timeline, again this has been consistently used for commercial uses and there Board of Adjustment December 14, 2022 Page 2 of 10 are provisions within the zoning code to allow commercial uses to continue with more flexibility if it's a local historic landmark. This property was landmarked in 2012 and at the same time it was granted a special exception to allow sales-oriented retail uses within the space. The property had other applications since then, there was another commercial special exception application in 2013 and another one was granted in 2016 to allow general office and commercial retail. However, since the property was vacated for more than a year it lost the ability to use those non-conforming provisions, even for a historic property. The property was rezoned in 2022, from RM-44 to the Neighborhood Commercial designation with the Historic District Overlay intact. Lehmann noted in the 2012 staff report for the special exception it did mention a parking reduction as well under this same provision, but it's a unclear as to whether it was granted as it wasn't included in the decision. However, the legally non-conforming parking spaces can continue to be used because they've existed over its entirety. Lehmann showed pictures of the structure and how tight that site is as well as the surrounding area. The role of the Board of Adjustment is to approve, approve with conditions or deny the special exception application based on the facts presented tonight. Whether or not it can be granted is based on if it meets all applicable approval criteria, which includes both specific standards pertaining to this specific waiver and also general standards that apply to all special exceptions. The specific criterion for tonight's application is at 14-5A-4F-7 which is parking reductions for other unique circumstances. Lehmann explained it has two different circumstances that it looks at and the one that is being requested is for a historic property where they can request up to a 100% reduction. The specific criterion states that the special exception must reduce the ability to use or occupy historic property in a manner that will preserve or protect its historic aesthetic or cultural attributes. 518 Bowery Street is a local historic property listed in the National Register of Historic Places so it is eligible for 100% parking reduction. Within the CN-1 zone, there are site development standards that apply to development within that zone which requires that parking areas be setback 20 feet from any rear or side lot line abutting residential zones. This is a situation where there are long standing non-conforming parking spaces because this lot is 21 feet wide, and it abuts residential zones. There are no legal conforming spaces on this property that meet all the standards in the code and it is a mathematical impossibility to have parking on this site that are conforming to the zoning code. In terms of the two legal non-conforming spaces at the rear of the property, they're on a paved area that's approximately 23 or 24 feet by 18 feet. Staff would recommend a 100% parking reduction with a condition that two-standard size, non-conforming spaces be retained behind the building with access off the alley. Lehmann explained a standard parking spaces size is 9 feet by 18 feet, so they can fit two standard size spaces back there, it just won't meet the other standards required in the zoning code such as setbacks from residential uses or screening. The reason that staff is approaching it from this way rather than reducing it by three spaces, is that different uses have different requirements for the amount of parking that's required. With this methodology, reducing it by 100% and then requiring those two spaces to be retained, other uses can occupy the site and they don't have to worry about whether they meet different parking standards because two spaces would be required regardless. Staff noted that any changes to other uses allowed within the Neighborhood Commercial zone would require only two spaces no matter what's occupying that structure and that would carry over with the property unless the property is vacant for over a year. Lehmann noted some uses allowed within a Neighborhood Commercial zone are going to be subject to additional requirements such as size limitations. In this case, it's a historic building Board of Adjustment December 14, 2022 Page 3 of 10 so exterior alterations would need approval by the Historic Preservation Commission. Group households or multifamily dwellings can be allowed within the CN-1 zone, but they are only allowed on the second story and the layout of this building doesn't really allow that. General or animal related commercial uses and commercial recreation uses are allowed provisionally, drinking and eating establishments are allowed provisionally or by special exception depending on the size of the establishment. A coffee shop would be considered an eating establishment, though drinking establishments technically wouldn't be allowed because they have to be open past midnight and the rezoning from 2022 has a condition that it can't be opened past 10 o'clock. Office uses, retail uses like personal service uses and sales-oriented retail, and daycare facilities are also allowed provisionally, as are specialized educational facilities. Swygard asked about alcohol sales. Lehmann stated alcohol-oriented retail would be allowed provisionally, examples could be retail sales of alcohol or like a convenience store. Lehmann stated that when looking specifically at parking for this site, he will focus on a coffee shop use since that's what’s being requested, but it could be any use that's allowed within the zone. Again, the building size and lot size are small, there really aren't opportunities for off street parking anywhere nearby and even on street parking nearby is relatively limited. Even in surrounding streets where there is on street parking allowed, it's often occupied or is relatively busy. However, the property is in an established high-density neighborhood with good pedestrian and biking access, and it's close to the University and downtown, so it's expected that high levels of foot traffic would help support the business, regardless of off-street parking. There are also seven general criteria that apply to all special exceptions. The first is that it will not be detrimental to or endanger public health, safety, comfort or general welfare. Lehmann explained the parking reduction along with this recent rezoning to CN-1 legalizes a long- standing historic building with nonresidential uses and that the parking reduction encourages alternative forms of transportation to the business similar to what's been there historically. The property is in an established high-density neighborhood with easy pedestrian access and biking access, and it is close to the University and downtown. Additionally, the property would be required to maintain those two legal non-conforming spaces with the condition recommended by staff. Lehmann also mentioned that there is a bus stop right outside as well. The second is related to injuring the use or enjoyment of property in the immediate vicinity. Again the building has been used for nonresidential purposes since its construction in the mid- 1800s and previous nonresidential uses were found to be compatible with the neighborhood character. A coffee shop is in line with previous uses on the site whereas surrounding uses include homes and apartments. Staff doesn’t anticipate that a small scale commercial use on this site will negatively impact those because the recent rezoning included a condition that states commercial uses cannot be open to the public between 10pm and 6am so that should address noise concerns. The property has also previously received parking reductions through the same provision. Third is that it will not impede normal orderly development of surrounding properties. This site is surrounded by a fully developed residential neighborhood, and it has historically contained nonresidential uses with limited off street parking and that has not impacted any surrounding development. Again, this is proposing to legalize this long-standing case so staff doesn't believe it should have any negative impact on surrounding redevelopment. Board of Adjustment December 14, 2022 Page 4 of 10 The fourth criterion is related to adequate utilities, access roads, drainage and/or necessary facilities. It's already developed and has all its utilities and roads established. There are also multiple bus stops on Bowery Street so that enhances access to the business, in addition to it being a walkable site. The fifth is related to ingress and egress designed to minimize congestion on public streets. No physical changes are being proposed to the building's sidewalk, alley or street other than adding pedestrian access to the front door which improves access. In terms of nearby on-street parking, parking on the north side of Bowery is generally prohibited during daytime hours, on the south side of Bowery parking is completely prohibited, and parking in the surrounding neighborhood is often occupied. That being said, the street directly in front of the proposed business on the north side does have a loading zone with a 15-minute time limit so there is an opportunity for folks to stop briefly, run in grab coffee and run out. Carlson asked about deliveries. Lehmann stated their supplies could come through the front door using that 15-minute loading zone, or they use the parking spots in the back. As for customers, Lehmann stated most customers are expected to walk or bike to the business rather than drive due to the limited parking and characteristics of the site and surrounding uses. The sixth criterion is that it conforms to all other aspects of the zoning code. Lehmann reiterated the building was recently rezoned from high density multifamily residential to neighborhood commercial while retaining that historic district overlay so there are numerous legal non- conforming situations that are allowed to continue on the site regulated by the non-conforming situation section of the code at 14-4 E. Under the previous zoning, there were four types of nonconformance situations including those relating to use, structure, and development, which includes parking. Also, the size of the lot was non-conforming. With the current zoning as of 2022, it got rid of the use and lot non-conformities. However, there are still challenges with the structure and development that will continue due to setback requirements and adjacent residential zones, and parking requirements such as setbacks from residential areas and screening etc., but those are allowed to continue. There are other provisions for Historic Districts that could make it conforming by bringing it before the Board of Adjustment but that has not been considered since those nonconformities are allowed to continue as is unless there's changes such as an expansion that would trigger compliance issues. Because it's in a Historic District any exterior changes must be approved by the Historic Preservation Commission. The final criterion is related to compliance with the Comprehensive Plan as amended. The Future Land Use Map in the Comprehensive Plan shows it as multifamily residential development at 25 dwelling units an acre and the Central District Plan shows it as high density multifamily redevelopment. However, the Comprehensive Plan has goals and objectives related to encouraging sustainable and walkable neighborhoods, especially as it relates to commercial uses that contribute to quality of life within neighborhoods. It also includes things like retaining and encouraging the growth of existing locally owned businesses noting that small and independently owned businesses are integral to Iowa City's brand and sense of identity. It also has standards related to preserving historic resources to give residents opportunities to live close to where they shop. Then the Central District Plan also notes that there are several properties within developed neighborhoods that have commercial uses that are long standing commercial uses and it notes that continuing them in that original type of use creates a focal point for many of these neighborhoods. The Historic Preservation Plan notes to conserve historic neighborhoods which reflect the organic development and historic roles and traditions. Board of Adjustment December 14, 2022 Page 5 of 10 Additionally, due to the subject property’s local landmark status demolition of the building can only occur if the building is found to be structurally unsound. So exterior changes would not be anticipated on this site. Based on these findings, staff recommends approval of EXC22-0008, to reduce the required parking requirement by 100 percent for the property located at 518 Bowery Street subject to the following condition: 1. Two non-conforming parking spaces sized 9 feet by 18 feet shall be retained behind the building with access off the alley. Staff received one piece of correspondence that supported the proposed exception. Carlson noted in some of the drawings that the applicant submitted it shows there is an 18’ by 23’ paved area with an 18’ by 9’ parking space and an 18’ by 14’ handicap parking space. Should the Board designate one of the spaces as a handicap space and require that because if they do then that means there's only one other space back there. Lehmann stated that would be up to the Board’s discretion, he believes that the property is too small to actually require handicapped spaces but if the Board feels like that's an important condition, then that is their prerogative. Carlson noted since it's just two spaces, will there be lines designating the spaces or will it just be one large area. Lehmann replied lines would not be required because it's less than four spaces, but the Board could add that as a condition as well if that's a concern. Lehmann noted staff’s condition is that they are going to have to maintain 18’ by 18’ of pavement so they could tear out the rest of the pavement which would affect handicap accessibility. Chrischilles asked if the Board could recommend that they maintain the current paved area at the size it is now, which is 23’ by 18’. Dulek stated they could just so long as it is tied to the parking requirements. Swygard stated since it's anticipated that most people are going to walk or bike to the location, are there any requirements for bicycle parking in a CN-1 zone. Lehmann stated a CN-1 zone requires a minimum amount of bicycle parking which is four spaces so they would be required to provide four spaces of bicycle parking. However, that wouldn’t be triggered unless they expanded the use so again the Board can require that as a condition of the special exception. Carlson asked if they add these conditions, would those transfer to whatever other business might occupy it in the future. Lehmann confirmed that is correct. Chrischilles noted regarding bicycle parking, since they're asking for 100% reduction, that essentially requires no bicycle parking. Lehmann confirmed that is correct however the Board could set a condition to modify that. Russo asked if that bicycle parking be in the front, Lehmann replied there's not much room. He would recommend if the Board is crafting a condition he would not specify where the bike parking has to provide flexibility. Due to the lot and structure size he thinks it would pretty much have to be in the back unless they take out some bushes. Board of Adjustment December 14, 2022 Page 6 of 10 Russo asked if the parking in the back will be used by staff. Connor Moellenbeck (Daybreak Coffee) noted the current plan is to keep those for staff with the intent if that is not possible to pivot. They also intend to potentially have bike parking adjacent to the wall on the backside as well. He noted their current staff all live in that neighborhood so to an extent everybody walks or bikes already to the establishment. A lot of the parking would be for dropping off equipment, dropping off supplies, loading, unloading and things like that. Carlson asked if they were planning on loading and unloading from the back or from the front or from both. Moellenbeck stated it’ll probably be both, he is assuming vendors will use the front however staff and employees will probably use the back. It depends if somebody's going to be there for an extended period of time or if it's a quick drop off. Russo asked if there is a requirement for handicap parking. Lehmann does not believe so based on the size of the building. Carlson asked if they are planning on doing anything with that paved area in back except using it for parking in one form or another. Moellenbeck confirmed there are no additional plans to do anything to the back, the plan is actually to use it as the parking as suggested. Russo asked if the upstairs can be used as an apartment. Moellenbeck doesn’t believe so, maybe at one time it may have been, but they will just be using it for storage. Lehmann noted if a multifamily use were to occupy the space it would need to meet the standards for multifamily uses within a CN-1 zone which requires things like a 14-foot ground floor height, and some other standards like that which likely wouldn’t be met so he doesn’t believe that a multifamily use could legally occupy the space. Carlson asked if they are trying to aim their business primarily to the people in the neighborhood. Moellenbeck confirmed yes, likely for the immediate area, of course, but as much as they can serve the surrounding areas as well. Carlson asked if they are planning on having seating inside. Moellenbeck replied there will be probably at least 15 to 25 seats on the inside of the building. Russo asked if they will have exterior seating. Lehmann stated it's guided by the outdoor seating code. He noted if they are eligible for a sidewalk café there's seven feet between the building and the sidewalk and any exterior seating would have to be reviewed by the Historic Preservation Commission. He noted there were discussions about that originally, but due to the site constraints he is not sure if that is continuing. Chrischilles asked if there are any requirements to have the entrance sidewalk connected to the other sidewalk. Lehmann said not currently, there are standards in the code that require it but because it's a non-conforming development it is not required. Moellenbeck stated they plan to extend the current structure right in front straight out to the sidewalk, obviously they are not Board of Adjustment December 14, 2022 Page 7 of 10 going into the alley where traffic would impeded but will go straight out so that people are walking on sidewalk all the way in. Chrischilles asked if there was a possibility for there to be a coffee shop on the first floor and an apartment up above. Lehmann stated that could be allowed provisionally, there's a number of standards to legally have multifamily use in the building. The standards include a 14-foot first story and including a separate entrance to the outside so essentially the standards preclude a multifamily use from occupying the upstairs space. If a request ever does come up, it will have to come before the Board of Adjustment most likely to have standards waived. He said they could establish, for example, an office on the second story, other commercial uses are allowed without some of those other restrictions within the space. Moellenbeck stated they plan to use the second floor for storage with no other plans, although perhaps have their office desks up there, but probably 75% to 80% will be storage. Chrischilles closed the public hearing. Carlson recommends approval of approval of EXC22-0008, to reduce the required parking requirement by 100 percent for the property located at 518 Bowery Street subject to the following condition: 1. Two non-conforming parking spaces sized 9 feet by 18 feet shall be retained behind the building with access off the alley. Russo seconded the motion. Chrischilles thinks they should require the current paved area be maintained in order to have space for bicycle parking, if it's going to be geared toward pedestrian and bicycle traffic they have to have somewhere for the bikes to park and the extra cement area would do that. Swygard agrees on the bicycle parking given that is how people are going to get there and it's important to have space for that. Dulek asked if they are going to require the four spaces then as a condition. Chrischilles confirmed that is what he wants as a condition. Carlson noted the space back there is 23’ by 18’ so attempting to divide part of that for something else doesn't seem feasible. They could put a dumpster back there for garbage and it would still leave five feet which would allow for bicycle parking. Russo asked where the trash receptacle will go. Lehmann noted according to a picture it is currently sitting right against the back of the building. Carlson noted that's the size of the trash receptacle that's given by the City and with a business she would assume they would need a bigger receptacle. Russo noted if the owner wants his business to succeed, he has to cater to the needs of his customers, which will include bicycle parking. Board of Adjustment December 14, 2022 Page 8 of 10 Swygard noted a concern about the alley that leads to the parking spaces because it is also used for the apartments that are behind this coffee shop. While the coffee shop wants to be a good neighbor there may be some concerns that some people might take advantage of those parking spaces belonging to the residential uses, and encouraging him to maintain the size and to have bicycle parking for his business may address spillage over into another area. Chrischilles thinks it's important to maintain the current paved area whether they require it to be used for bicycle parking spaces. Russo agrees with that as it's not necessarily this use but a potential future use that may need that extra space and feels that protects the public. Lehmann suggested they could just require the two non-conforming parking spaces and also to maintain the paved area primarily for the purpose of parking without specifying the number of bicycle spaces. Using the phrase primarily for parking would still allow them to use it for garbage, for example. Chrischilles stated regarding agenda item EXC22-0008 he does concur with the findings set forth in the staff report of meeting date, December 14, 2022 and concludes that the general and specific criteria are satisfied with one exception and recommends the following additional condition; the additional 23 foot by 18 foot paved area will be maintained primarily for the purpose of parking, so unless amended or opposed by another board member he recommends that the Board adopt the findings in the staff report for the approval of this exception. Carlson and Russo second the findings. A vote was taken and the motion passed 4-0. Chrischilles 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. SPECIAL EXCEPTION ITEM EXC22-0004: A request submitted on behalf of JAM Investments of Iowa City to extend the expiration date from 6 months to 12 months for EXC22-0004, a special exception approved to expand an existing drive-through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. Lehmann noted this does not require a public hearing, just a motion and a second for approval. Russo recommends approval to extend the expiration date from 6 months to 12 months for EXC22-0004, a special exception approved to expand an existing drive-through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. Chrischilles seconded the motion. Board of Adjustment December 14, 2022 Page 9 of 10 A vote was taken and the motion passed 4-0. CONSIDER THE NOVEMBER 9, 2022 MINUTES: Swygard noted several corrections to the minutes, specifically related to confusion about who said what. She submitted those corrections to staff to be included in the final minutes if others agree. Swygard moved to approve the minutes of November 9, 2022 with corrections as stated, Chrischilles seconded. A vote was taken and the motion carried 4-0. BOARD ANNOUNCEMENTS: Lehmann noted that Larry Baker will become the new board member in January. He also reminded them the next meeting will be January 26 if they get an application. Lehmann and Board members thanked Chrischilles for his service as this was his last meeting. ADJOURNMENT: Russo moved to adjourn this meeting, Chrischilles seconded, a vote was taken and all approved. Board of Adjustment December 14, 2022 Page 10 of 10 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2022-2023 NAME TERM EXP. 7/18 11/9 12/14 CHRISCHILLES, GENE 12/31/2022 X X X PARKER, BRYCE 12/31/2024 X O/E O/E SWYGARD, PAULA 12/31/2023 -- -- X X CARLSON, NANCY 12/31/2025 X X X RUSSO, MARK 12/31/2021 X X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member