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HomeMy WebLinkAbout2023-05-10 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, May 10, 2023 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1.Call to Order 2.Roll Call 3.Presentation of Iowa City Strategic Plan Shawn Harmsen will present an introduction to Iowa City’s new FY23-FY28 Strategic Plan. The Strategic Plan is available online at www.icgov.org/strategicplan. 4.Special Exception Items a.EXC23-0004: An application submitted by Jennifer Colville and Miles Pufall (Porch Light Literary Center) requesting special exceptions to allow a religious/private group assembly use in a Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements at 1019 E. Washington Street. 5.Consideration of Meeting Minutes: April 12, 2023 6.Consideration of Meeting Minutes: April 19, 2023 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: June 14 / July 12 / August 9 Informal: Scheduled as needed. May 10, 2023 Board of Adjustment Meeting IOWA CITY STRATEGIC PLAN ITEM 3 ON THE AGENDA Plan Adopted December 2022 Presentation by Councilmember Harmsen Date: May 10, 2023 To: Board of Adjustment From: Kirk Lehmann, Associate Planner Re: City Council Strategic Plan At your meeting on May 10, 2023 Councilmember Harmsen will provide an overview of the City Council Strategic Plan, which was adopted in December 2022. Attached is the Strategic Plan for your review. Strategic Plan FISCAL YEARS 2023-2028 Adopted December 2022 1 PLAN OVERVIEW The strategic plan summarizes the vision, strategies and key action steps for the City Council and staff through the five-year planning period. The City’s plan also advances the goals set forth in the Better Together 2030 Johnson County All in Vision, and regionally in the Envision East Central Iowa comprehensive economic development strategy. The City’s pre-existing strategic priorities, developed over several years, served as the foundation of this plan. Drawing upon previous planning work, studies and community conversations, the City Council and City staff leadership engaged in an extensive process to refine the vision and strategies, determine action steps, and establish priorities. The strategy map (page 6) serves as the foundation of the plan. It outlines the values, impact areas and resources needed to execute the overall strategy. Within each component of the strategy map, the City has developed an associated vision, strategies, and action steps. 2 The vision outlines the “the why.” Each component of the strategy map contains a brief description of what the desired future would look like. Strategies represent “the what,” or the broad steps the City will take to move towards the future vision. Action steps present the “the how,” or specific actions the City will take to advance the strategies during the five-year period. The vast bulk of the City’s resources, both financial and human, go toward providing essential services to the community such as police and fire protection, street maintenance, water and sewer services, parks and recreation opportunities, and library services (to name a few). The vision and accompanying strategies outlined will provide general direction in the implementation of these core services. The action steps in the strategic plan focus on how the City’s discretionary resources can be leveraged to advance the vision through new, expanded, or reinvented services or policies. The action steps highlighted generally: Require significant human and/or financial resources, Have high visibility, Have a significant impact on the community, Require collaboration between many departments or organizations, and/or Require significant council or community involvement. The vision and strategies are focused on the long-term and unlikely to change during the plan period. The action steps are weighted to the first few plan years, and often reflect the most pressing needs, which have already been the subject of much discussion. Some strategies do not have a corresponding action step identified in the plan. This does not mean that the strategy is not being or will not be addressed. Many projects are implemented at the department level and will not be detailed in the plan but will be highlighted in subsequent status reports. In addition, the plan is intended to provide strategic focus. Given the City’s limited discretionary resources, it is not possible to lift all strategies simultaneously. The completion of the action steps identified in the early years of the plan will allow the City to potentially shift focus to other strategies in later years or subsequent versions of this plan. 3 ENVIRONMENTAL SCAN The Environmental Scan identified elements in the external environment that may impact the City moving forward. These forces, largely outside the City’s control, may represent future challenges, opportunities, or both. External Challenges and Opportunities LEGISLATIVE Recent legislative actions at the state level have reduced current and future projected tax revenues for the City. In addition, there has been a trend of state legislative action preempting decisions normally made at the local level. EXPECTATIONS AND SUPPORT OF GOVERNMENT Record high levels of distrust of state and federal government has impacted trust for local government, as well among some community members. At the same time, community members increasingly expect the 24/7 service experience that operations may not be resourced to provide. RACIAL AND INCOME INEQUALITY Community members can report vastly different community experiences based on race and income. This inequality is likely preventing individuals – as well as the community as whole – from reaching its full potential. WORKFORCE With the region at full employment and baby boomers transitioning out of the workforce, attracting talent is top concern, both for area employers and city operations. Employers are needing to quickly adapt to a job-seekers market with more competitive compensation and benefits, as well as flexible work arrangements. 4 INFLATION Inflation has created significant pressure on the City’s budget and may further impact operations and the area economy in unexpected ways. CLIMATE CHANGE The City will need to continue to prepare for the impacts of climate change. This will likely take the form of extended weather patterns, as well as increasingly severe weather events. GROWTH From 2010 to 2020, Johnson County was the second fastest growing county in Iowa. Iowa City contributed through robust growth of its own. As an increasingly diverse community, residents of different cultures and varied life experiences can help propel future growth and opportunity as they establish roots in the community. FEDERAL FUNDING The City received approximately eighteen million dollars in American Rescue Plan Act (ARPA) funds to respond to the COVID-19 emergency and help residents and the community become more resilient in the coming years. These resources can also contribute greatly to the action steps in this plan. In addition, several new state and federal grants are available through utilizing ARPA and the Infrastructure Investment and Jobs Act (IIJA) funding. UNIVERSITY OF IOWA Iowa City and the University of Iowa are tightly connected. Significant changes at the University of Iowa have a ripple effect throughout the community. 5 City Operations FINANCIAL HEADWINDS Property tax reform, depressed development trends following COVID-19, inflation pressures, and the phase out of the commercial tax backfill means that the City will face significant financial headwinds during upcoming budget cycles. Leaders will need to consider new funding sources for major initiatives given that the growth in property-tax related revenue is expected to remain fairly flat during the planning period. STAFF RECRUITMENT AND CAPACITY The City is experiencing the same recruitment challenges as the private sector and struggling to fill key positions. Flat staffing levels, community growth, and numerous new initiatives have strained the ability of staff to continue to meet service demands. Properly resourcing City operations will help in the effort to recruit and retain top talent and provide for better service to the community. OUTDATED FACILITIES Several City facilities have not grown or been remodeled to meet the service demands of an expanding population and workforce. These facilities can create operational inefficiencies and work against goals to provide safe, reliable, and healthy facilities for employees and the public. 6 STRATEGY MAP The Iowa City Strategy Map organizes and builds upon the seven strategic priorities identified in previous years. The Strategy Map has three distinct components: Values, Impact, and Resources. Values Our values represent both a lens through which we will approach our work, as well as a desired end state when our work is completed. Our values are embodied in every element of this strategic plan. Impact Areas Impact areas represent our mission and focus as a municipal government. This is where we intend to work collectively to advance our community. Resources Resources are building blocks needed to support our work. 7 VALUES Racial Equity, Social Justice & Human Rights FUTURE VISION Iowa City welcomes and celebrates cultural diversity throughout the community, and accurate cultural historical perspectives are acknowledged and commemorated. Each community member understands how systemic inequities have disadvantaged and marginalized some populations and are equipped with the skills to disrupt bias. Growth and healing occur as the City proactively addresses racial inequalities and social injustices. The City has removed and addressed systemic barriers present in all facets of city government including policies, land use decisions, programs, services, and employment. Partnerships with businesses, schools, and non-profit organizations facilitate equitable access to opportunity across all sectors. City employees, boards and commission members, and other advisory and decision-making entities reflect the diversity of the Iowa City community. The presence of equity, inclusion, and belonging is identifiable in all City operations and activities. Climate Action FUTURE VISION Cities across the Midwest and nationally emulate Iowa City’s long-term innovative strategies which achieve net- zero greenhouse gas emissions across all sectors and prepare all populations for the effects of climate change and the urban heat island effect. A bio-diverse environment flourishes and each generation can look forward to improved water, air, and soil quality. Every resident in Iowa City understands the cost of climate change and knows which community resources can help them mitigate and adapt to these impacts. Residents of all socioeconomic statuses actively take climate action, including using sustainable transportation, shopping local, and reducing and conserving energy. As a result, their health, safety, economic wellbeing, and relationship with their neighbors are improved. 8 Partnerships and Engagement FUTURE VISION Community members believe engagement and participation in local government decision-making is worthwhile and sincere. Respectful dialogue and transparent processes dominate public decision- making. Creative and accessible communication and engagement methods ensure every resident is routinely reached by the City and encourage intergenerational participation. Neighborhoods are revitalized as a source of grassroots community-building, empowerment, and prosperity for all households. There is a high degree of trust and free-flowing communication between stakeholders within the community. As a result, public-private partnerships are plentiful and a natural component of every solution, and resources are deployed judiciously towards efforts that benefit all. 9 IMPACT AREAS Neighborhoods & Housing FUTURE VISION Iowa City is a collection of authentic, vibrant neighborhoods and districts. By way of internal and external streets and trails, each community member has safe, easy access to everyday facilities and services within a 15-minute walk or bike ride. Neighborhoods are compact and socially diverse, with a variety of housing choices and at least one place serving as its center. Permanent affordable housing choices are dispersed throughout the community. New higher density development blends with existing buildings and shapes a comfortable, human-scale pedestrian environment. Public spaces are inviting and active with people recreating and socializing in parks, natural areas, and tree-lined streetscapes, all enhanced with public art and placemaking initiatives. STRATEGIES To advance the Vision the City will pursue the following strategies: Update City Comprehensive Plan and Zoning Code to encourage compact neighborhoods with diverse housing types and land uses. Partner in projects that serve as models for desired future development. Create inviting and active outdoor spaces with unique and engaging recreation offerings. Address the unique needs of vulnerable populations and low-to-moderate income neighborhoods. 10 ACTION PLAN Action Champion Target Date Explore legal steps to discourage or prevent bad faith and predatory property investors. City Attorney FY23-24 Act on building regulation recommendations outlined in the Accelerating Iowa City’s Climate Actions Report; including TIF energy efficiency incentives, energy standards for height and density bonuses, and a climate action building permit rebate program. Climate Action & Outreach and Neighborhood & Development Services FY23-25 Revamp the neighborhood PIN grant program and evaluate discretionary funding for district/neighborhood grassroots projects. Communications FY23-25 Advance prioritized recommendations in the 2022 Affordable Housing Action Plan. Work with partners to undertake significant-scale affordable housing efforts. Neighborhood & Development Services FY23-28 Seek out and approve residential TIF applications for infrastructure when the project provides community benefit such as permanent affordable housing, expansive public open space, or advancement toward stated climate action goals. Consider a standard application of residential TIF for all new annexations to meet permanent affordable housing goals. City Manager’s Office FY24-25 Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles with emphasis on growth areas first and infill areas next, expanded missing middle housing allowances, minimum density requirements, and streamlined approval processes Neighborhood & Development Services FY24-28 Explore pilot housing projects utilizing tiny homes, 3D printed homes, prefabricated or manufactured homes, net-zero homes, or other innovative options. Neighborhood & Development Services FY24-28 Bolster financial support for homeless services and evaluate shifting towards shelter as service model. City Manager’s Office FY25-28 Expand the South District Homeownership Program to other targeted neighborhoods and consider allowing relocation assistance to expedite completion. Neighborhood & Development Services FY26-28 Provide all residents with public open space within a 15-minute walk or bike ride by strategically executing agreements with local schools or other partners. Parks and Recreation FY26-28 11 Mobility FUTURE VISION Community members of all socioeconomic statuses easily, safely, and comfortably travel using multiple modes of transportation year-round. Commuters choose to walk, bike, or bus at least half of the time, and an increasing number of trips are fueled by clean energy. Regional collaboration has created a strong multi-modal network that links Iowa City to neighboring communities. Highly traveled corridors have separated trails or comfortable, safe lanes for bicyclists. When prioritizing, the needs of pedestrians, bicyclists, transit riders, and other emerging forms of transportation are weighted greater than those of automobile drivers and adjacent property owners. STRATEGIES To advance the Vision the City will pursue the following strategies: Expand the access and convenience of environmentally friendly and regionally connected public transit. Design and maintain complete streets that are comfortable and safe for all users. Grow and prioritize bike and pedestrian accommodations. 12 ACTION PLAN Action Champion Target Date Fully evaluate the feasibility and funding sources needed for a zero-fare transit system. Transportation Services and Finance FY23-24 Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity’s elected officials. City Council FY23-25 Install additional permanent charging stations for vehicles, bicycles, and electronic devices. Climate Action Outreach FY23-28 Identify additional opportunities for road diets, sidewalk infill, curb cut enhancement, and bike lane installation with a goal of at least two such projects each construction season. Public Works FY23-28 Explore opportunities to utilize the CRANDIC right-of-way for passenger rail, bus rapid transit, or pedestrian usage. City Council FY23-28 Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets Public Works FY23-28 Secure federal funding for a relocated transit building that can accommodate future growth in service and electrification of the fleet. Transportation and City Manager’s Office FY24-28 Consider adding or retrofitting bike pathways that are separated from streets or protected utilizing flexible bollards. Public Works FY24-28 Expand the fleet of electric buses or other low/no emission-technology vehicles each time a diesel bus is due for replacement and seek grants that can expedite the conversion. Climate Action Outreach FY25-28 Consider an on-demand or subsidized voucher system for times and locations in which no fixed route service is available. Transportation Services FY25-28 Expand snow clearing operations at sidewalk corners in high priority pedestrian areas, bus stops, and bike lanes. Public Works and Parks & Recreation FY25-28 Initiate and promote vehicle and bike-share/scooter programs. Transportation Services FY26-28 Evaluate with the State of Iowa the possibility of a Burlington Street Road Diet utilizing flex zones in non-peak hours. Public Works FY26-28 13 Economy FUTURE VISION Iowa City is the preferred location for businesses at all stages of development. Start-up businesses flourish and take advantage of mentoring and other resources. The vibrant arts and culture community attracts both visitors and new residents. Technologies developed through the University of Iowa are transferred to the local business sector, creating business diversity and new value within the community. Businesses pay living wages and support skill development for their employees. Support services - such as child-care and language assistance - are readily available for all, which means every person who wishes to participate in the local economy can do so. Community members support each other by spending their money locally. STRATEGIES To advance the Vision the City will pursue the following strategies: Reinforce Iowa City as a premier community to locate and grow a business. Ensure appropriate infrastructure is in place for future business growth and development. Cultivate a strong entrepreneurial and small businesses ecosystem with a focus on creating new pathways to success for systemically marginalized populations. Build Iowa City’s image as the Greatest Small City for the Arts. Strengthen the Iowa River’s role as a signature community amenity and tourism generator. 14 ACTION PLAN Action Champion Target Date Enhance access to affordable childcare for all populations through innovative partnerships with higher education, non-profits, and the business community. City Manager’s Office and Neighborhood & Development Services FY23-25 Utilizing American Rescue Act Funds, execute on agreeable recommendations in the Inclusive Economic Development Plan with a particular focus on actions that build long-term support and wealth-building opportunities for systemically marginalized populations. City Manager’s Office and Economic Development FY23-25 Partner with Kirkwood Community College, Iowa City Community School District, Iowa Labor Center, local trades, and other stakeholders to provide meaningful career development opportunities, pre-apprenticeship, and apprentice programs. Economic Development and Neighborhood & Development Services FY23-28 Increase small business technical assistance to aid in the creation, success, and growth of home-grown businesses. Economic Development FY24-28 Create flexible incentives to support the top goals of Iowa City’s Self-Supporting Municipal Improvement Districts and other commercial nodes, including attaining a desired business mix that serves the surrounding neighborhood. Economic Development and City Manager’s Office FY25-28 Develop targeted marketing to promote Iowa City as a unique and attractive place to do business. City Manager’s Office FY26-28 Develop a riverfront master plan in cooperation with the University of Iowa, Think Iowa City, and other stakeholders. City Manager’s Office FY26-28 15 Safety & Well-being FUTURE VISION Our City supports the mental and physical well-being of our community members. Public safety response, whether from the City or a non-profit partner, is nuanced depending on the specific needs of the situation. Community members receive emergency response services promptly and welcome responders as problem-solvers. Inviting spaces for social interaction, exercise, and regeneration are equitably located throughout the community and are lively with activity and use. New and long-time community members alike, especially marginalized groups, easily build networks and establish roots within our community. Community members have safe, healthy indoor spaces and are well-prepared for climate-related changes. STRATEGIES To advance the Vision the City will pursue the following strategies: Implement and expand innovative public safety models and facilities to improve outcomes and relationships within the community. Partner with non-profits to address the most emergent and foundational community safety and well-being needs. Build community by fostering social connections and developing safe, accessible public spaces for gathering. 16 ACTION PLAN Action Champion Target Date Work collaboratively with Johnson County and other stakeholders to launch a community violence intervention effort in close cooperation with local law enforcement. City Council and Police Department FY23-24 Leveraging American Rescue Plan Act funds, build capacity in local non-profits that will help ensure they are able to meet future community demands. Neighborhood & Development Services FY23-26 Build on the relationship with the University of Iowa College of Nursing to increase participation in the Healthy Homes program. Neighborhood & Development Services FY23-26 Expand the Mental Health Liaison program with CommUnity Mobile Crisis with a goal of 24-hour coverage by the end of FY28. Police Department FY23-28 Actively promote 988 throughout the year and ensure that CommUnity Mobile Crisis has resources to meet community demands. City Manager’s Office and Communications FY23-28 Continue critical exterior renovations to the Senior Center and continue progress on Senior Center Facility Master Plan recommendations. Senior Center FY23-28 Integrate CommUnity Mobile Crisis into the 911 dispatch protocols. Police Department FY24-26 Consider and, where feasible, implement alternatives to routine non-emergent traffic stops. Police Department FY24-26 Expand neighborhood-based programs such as mobile community social/recreation resources (fun patrol), nests or micro-hubs for kids/teens. Parks & Recreation FY26-28 17 RESOURCES Facilities, Equipment and Technology FUTURE VISION Municipal facilities are modernized and designed for operational efficiency, capacity for growth, employee safety and health, resilience, alignment with Climate Action goals, and civic pride. Funding of equipment and facility replacement funds and partnerships with other entities result in joint facilities, technology, and equipment that improve access and services. City staff are encouraged to be entrepreneurial in their approach and actively seek to innovative and streamline processes while improving service levels to the community. STRATEGIES To advance the Vision the City will pursue the following strategies: Invest in the next generation of public facilities and equipment to create immediate operational efficiencies, boost workplace safety, health, and morale, and improve cross-department collaboration. Promote high-performance governance leveraging technology, partnerships, and innovation. 18 ACTION PLAN Action Champion Target Date Outline a municipal-wide facilities plan and initiate relevant action steps to keep projects moving forward. City Manager’s Office FY23-24 Complete a City Hall and Public Safety Headquarters space needs study and develop a plan for next steps toward implementation. City Manager’s Office FY23-24 Implement the asset management system and expand use for facility maintenance and management. Public Works FY23-25 Develop and implement an electric vehicle transition plan. Public Works and Climate Action & Outreach FY23-25 Pursue grant opportunities, bolster the Facility Reserve Fund, and explore public/private partnerships to facilitate completion of key facility projects. City Manager’s Office and Finance FY23-28 Design replacement and renovated facilities to ensure alignment with Climate Action goals and create safer and healthier working environments for public employees. City Manager’s Office FY24-28 Improve public transparency through a coordinated and centralized open data platform. City Manager’s Office FY26-28 Consider resourcing a Smart City initiative that prioritizes data-driven decision- making through technology adaptation and data analysis. City Manager’s Office FY26-28 19 People FUTURE VISION The City is an employer of choice in the region and viewed as a rewarding, long-term career choice. Valuable benefits, flexible schedules, energizing workspaces, remote and hybrid work arrangements, and professional development and advancement opportunities improve productivity, service to the public, and morale. Employees enter an inclusive, fun, and engaging environment each workday. City staff, board and commission members, and volunteers are demographically representative of the City population at-large and every employee is continuously building cultural awareness. Leadership and elected officials ensure sufficient staff levels to maintain baseline services, weather vacancies or emergencies, protect against employee burnout, and add capacity to act on special assignments and strategic, long-term initiatives. STRATEGIES To advance the Vision the City will pursue the following strategies: Establish the City of Iowa City as an employer of choice in the region with a pay plan, benefits package, and flexible work options that attract and retain high-quality and motivated public service employees. Carry out a multi-dimensional staff engagement initiative to ensure every City employee feels welcome, informed, involved, and engaged at work. Build a diverse talent pipeline. 20 ACTION PLAN Action Champion Target Date Complete and execute upon the results of an organization-wide classification and compensation study. As part of study, review all job requirements to ensure applicability and eliminate unnecessary barriers to employment, including testing, residency requirements, education, and certification or license requirements. Human Resources FY23-25 Monitor implementation of new telecommuting and flexible work schedule policies to ensure public service standards are fully met and desired employee work arrangement flexibility is pursued where possible. City Manager FY23-25 Balance investment in new annual initiatives with staffing levels to ensure core municipal service levels are maintained and reduce instances of burnout. City Manager’s Office and City Council FY23-28 Elevate new and existing intra-organizational communication strategies to bolster information sharing and improve productivity and connectiveness across the organization. City Manager’s Office FY23-25 Create more opportunities to promote inter-departmental relationships, collaboration, and problem-solving. City Manager’s Office FY23-25 Upskill City staff in implicit bias, cultural awareness, and inclusion. Equity & Human Rights FY23-28 Develop recruitment network with local minority institutions. City Manager’s Office FY23-28 Take steps to promote more diverse representation on Boards, Commissions, and Committees. City Council FY23-28 Ensure every single employee knows the City’s strategic vision and can connect their role accordingly. City Manager’s Office FY23-28 Strengthen volunteer engagement, management, and appreciation efforts. City Council and City Manager’s Office FY23-28 Implement increasingly relevant organization-wide training opportunities such as conflict resolution and de-escalation training. City Manager’s Office FY24-28 Conduct comprehensive benefits review and implement changes based upon best practices and modern expectations, exploring benefits such as paid volunteer time, wellness offerings, and flexible stipends for challenges such as childcare, transportation, higher education and more. City Manager’s Office FY25-28 Launch targeted apprenticeship program(s) in partnership with local education and workforce institutions. City Manager’s Office FY26-28 21 Financial FUTURE VISION City residents believe property taxes and utility fees are fair and commensurate to service levels, and do not experience erratic changes in rates and fees. The City maintains sufficient financial resources to proactively maintain and replace assets, carry out strategic plan initiatives, and be insulated from unanticipated financial stressors. Partnerships, grant funding, and other creative financing mechanisms are routinely part of program and project financing structure. The City maintains a AAA bond rating, resulting in lower borrowing costs for residents and businesses. STRATEGIES To advance the Vision the City will pursue the following strategies: Grow the tax base, consider alternative revenue sources, and leverage outside funding to maintain core services and pursue community priorities while maintaining equitable property tax rates. Exercise fiscal responsibility by maintaining and growing assigned and emergency reserve funds and prudent debt management. 22 ACTION PLAN Action Champion Target Date Ensure Enterprise Funds are well supported through incremental rate and fee increases and do not become reliant on large rate spikes, property taxes, or unplanned debt issuance. Finance FY23-28 Coordinate with Iowa League of Cities, Metro Coalition, and the City’s contracted state lobbyist to oppose unfunded state mandates and detrimental tax reforms. City Manager’s Office FY23-28 Maintain the City’s AAA bond rating. Finance FY23-28 Increase the Emergency Fund balance by an annual target of 5%. Finance FY23-28 Significantly bolster the Facility Reserve Fund and develop an implementation plan for use of funds that minimizes large debt issuances. Finance FY23-28 Create a centralized grant management initiative that will focus on securing additional private, state, and federal funding opportunities, while ensuring proper oversight and compliance. City Manager’s Office FY24-28 Develop and maintain cost recovery guidelines for programs and services that balance fiscal responsibility and equity. City Manager’s Office FY26-28 Consider financial incentives and land use policies that aim to grow and diversify the tax base (commercial, industrial, and residential). City Manager’s Office FY26-28 Consider alternative revenue sources such as a Local Option Sales Tax that can help achieve strategic plan goals, fund infrastructure and facility needs, and reduce reliance on property tax. City Manager’s Office and City Council FY26-28 23 ALIGNMENT CROSSWALK NEIGHBORHOODS & HOUSING Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, Human Rights Better Together 2030 Vision Envision East Central Iowa Explore legal steps to discourage or prevent bad faith and predatory property investors. X X Act on building regulation recommendations outlined in the Accelerating Iowa City’s Climate Actions Report, including TIF energy efficiency incentives, energy standards for height and density bonuses, and a climate action building permit rebate program. X X X Revamp the neighborhood PIN grant program and evaluate discretionary funding for district/neighborhood grassroots projects. X X X X Advance prioritized recommendations in the 2022 Affordable Housing Action Plan. Work with partners to undertake significant-scale affordable housing efforts. X X X X Seek out and approve residential TIF applications for infrastructure when the project provides community benefit such as permanent affordable housing, expansive public open space, or advancement toward stated climate action goals. Consider a standard application of residential TIF for all new annexations to meet permanent affordable housing goals. X X X X X Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles, expanded missing middle housing allowances, incorporate minimum density requirements, and streamline approval processes. X X X X X Bolster financial support for homeless services and evaluate shifting towards shelter as service model. X X X X Explore pilot housing projects utilizing tiny homes, 3D printed homes, prefabricated or manufactured homes, net-zero homes, or other innovative options X X X X X Expand the South District Homeownership Program to other targeted neighborhoods and consider allowing relocation assistance to expedite completion. X X X X Provide all residents with public open space within a 15-minute walk or bike ride by strategically executing agreements with local schools or other partners. X X X X X 24 MOBILITY Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Fully evaluate the feasibility and funding sources needed for a zero-fare transit system. X X X Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity’s elected officials. X X X X X Install additional permanent charging stations for vehicles, bicycles, and electronic devices. X X X X X Identify additional opportunities for road diets, sidewalk infill, curb cut enhancement, and bike lane installation with a goal of at least two such projects each construction season. X X X Explore opportunities to utilize the CRANDIC right-of-way for passenger rail, bus rapid transit, or pedestrian usage. X X X X Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets. X X Consider an on-demand or subsidized voucher system for times and locations in which no fixed route service is available X X X Expand snow clearing operations at sidewalk corners in high priority pedestrian areas, bus stops, and bike lanes. X X Secure federal funding for a relocated transit building that can accommodate future growth in service and electrification of the fleet. X X X Consider adding or retrofitting bike pathways that are separated from streets or protected utilizing flexible bollards. X X X Initiate and promote vehicle and bike-share/scooter programs. X X X Expand the fleet of electric buses or other low-no emission-technology vehicles each time a diesel bus is due for replacement and seek grants that can expedite the conversion. X X Evaluate with the State of Iowa the possibility of a Burlington Street Road Diet utilizing flex zones in non-peak hours, X X 25 ECONOMY Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Enhance access to affordable childcare for all populations through innovative partnerships with higher education, non-profits, and the business community. X X X X Utilizing American Rescue Act Funds, execute on agreeable recommendations in the Inclusive Economic Development Plan with a particular focus on actions that build long-term support and wealth building opportunities for systemically marginalized populations. X X X X X Partner with Kirkwood Community College, Iowa City Community School District, Iowa Labor Center, local trades, and other stakeholders to provide meaningful career development opportunities, pre-apprenticeship, and apprentice programs. X X X X X Increase small business technical assistance to aid in the creation, success, and growth of home-grown businesses. X X X X Create flexible incentives to support the top goals of Iowa City’s Self-Supporting Municipal Improvement Districts and other commercial nodes, including attaining a desired business mix that serves the surrounding neighborhood. X X X X Develop targeted marketing to promote Iowa City as a unique and attractive place to do business. X X X Develop a riverfront master plan in cooperation with the University of Iowa, Think Iowa City, and other stakeholders. X X X X 26 SAFETY & WELLBEING Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Work collaboratively with Johnson County and other stakeholders to launch a community violence intervention effort in close cooperation with local law enforcement. X X X Integrate CommUnity Mobile Crisis into the 911 dispatch protocols. X X X Leveraging American Rescue Plan Act funds, build capacity in local non- profits that will help ensure they are able to meet future community needs. X X X X X Consider and, where feasible, implement alternatives to routine non- emergent traffic stops. X X Build on the relationship with the University of Iowa College of Nursing to increase participation in the Healthy Homes program. X X X Expand the Mental Health Liaison program with CommUnity Mobile Crisis with a goal of 24-hour availability within the five-year period. X X X Actively promote 988 throughout the year and ensure that CommUnity Mobile Crisis has resources to meet community demands. X X X Continue critical exterior renovations to the Senior Center and continue progress on Senior Center Facility Master Plan recommendations. X X X Expand neighborhood-based programs such mobile community social/recreation resources (fun patrol), nests or micro-hubs for kids/teens. X X X X 27 TRACKING PROGRESS Reporting Progress on Strategic Plan initiatives will be reported upon in the following ways: Progress Report delivered in a narrative format annually (August). Call-out of directly-related Strategic Plan items will be included on relevant City Council meeting agenda items and through the budget process. A standing Work Session agenda item to include a brief verbal update from the City Manager’s Office. Routine inclusion of various Strategic Plan items in Communications and City Channel 4 productions. Significant Actions Not Included in the Plan To the extent possible, the time, energy, and resources of staff and council will be focused on items in this plan. However, some situations may warrant a significant shift of focus. It is recommended that actions related to unanticipated events that require the diversion of financial or staff resources be included in the reporting process even if not outlined in the original plan. CONSULTANT NOTES Decision-Making Framework New ideas and needs will surface that were not considered as part of this planning process. The Council may want to consider a decision-making framework when such items arise. The framework would enable City Council to methodically determine the degree to which a proposed action should divert financial and staff resources from the action steps outlined in this plan. Community-Wide Metrics/Dashboard Many of the strategies and actions outlined this plan are intended to have an impact beyond traditional core city services. The City will lead or participate in multi-sector coalitions to address systemic problems such as childcare, climate change, housing, and racism. As such, it may be beneficial 28 to continue this more comprehensive approach with the development of city-wide metrics or dashboard to assess progress towards the vision and overall community health. Update Mid Plan While the vision and strategies outlined should remain consistent for the duration of the plan, the consultant team suggests an update of the action steps after the first few years. As is the case with any five-year plan, actions are skewed towards the most pressing needs. A more intensive facilitated mid- plan review would give all parties an opportunity to assess plan progress and fully build out the action steps in later years. ACKNOWLEDGMENTS City Council Bruce Teague, At-Large, Mayor Megan Alter, At-Large, Mayor Pro Tem Laura Bergus, At-Large Janice Weiner, At-Large Pauline Taylor, District A Shawn Harmsen, District B John Thomas, District C Consultant Team ECICOG Karen Kurt, Executive Director Adam Bentley, Economic Development Specialist Harrison Freund, AICP, Planning Fellow Jessica Johnson, Community Development Specialist Tracey Achenbach, Housing Director May 10, 2023 Board of Adjustment Meeting EXC23-0004 ITEM 4A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC23-0004 Parcel Number: 1011378002 Prepared by: Kirk Lehmann, Associate Planner Date: May 10, 2023 GENERAL INFORMATION: Applicant/Contact Person: Property Owner(s): Requested Action: Purpose: Location: Jennifer Colville & Miles Pufall 121 Richards Street Iowa City, IA 52246 colvillejen@hotmail.com MJP Ventures LLC 121 Richards Street Iowa City, IA 52246 Approval of a special exception to allow a religious/ private group assembly use in a Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements To allow operation of the nonprofit Porch Light Literary Center 1019 E. Washington Street Location Map: Size: 12,750 square feet Existing Land Use and Zoning: Residential & Institutional; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-12) 2 Surrounding Land Use and Zoning North: Residential; Medium Density Single-Family Residential with a Conservation District Overlay (OCD/RS-8) East: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-12) South: Residential; Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8) West: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-12) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4D-17: Religious/Private Group Assembly In ID-RS, RS-5, RS-8, RS-12, And RNS-12 Zones 14-2A-4B-5b: Adjustments To Principal building Setback Requirements File Date: April 9, 2023 BACKGROUND: The subject property, 1019 E. Washington Street, was built as a single-family home circa 1893 but was subsequently converted into a multi-family use with four 1-bedroom dwelling units by the 1970s. The property’s current base zone of Neighborhood Stabilization Residential (RNS-12) was established in 2000 (Ord. 00-3952) to help stabilize the existing residential neighborhood by preserving its predominantly single-family residential character. Provisions in the zone prevent the conversion or redevelopment of single-family uses to multi-family uses, though existing multi-family uses such as 1019 E. Washington retain their conforming use status. In 2003, the subject property was included as a contributing structure in the College Hill Conservation District and was zoned Conservation District Overlay (OCD). An OCD zone means that any material changes to exterior features which require a regulated permit must undergo Historic Review. No exterior changes are being proposed to the building as part of this application. The applicants, Jennifer Colville and Miles Pufall, are members of the subject property’s ownership entity, and Jennifer Colville is also the incorporator of the nonprofit Porch Light Literary Center. The applicants purchased the subject property in 2021 with intent to convert the two multi-family dwelling units on the first floor into space for the Porch Light Literary Center and to retain the two multi-family units on the second floor as rental units. As a result, the property would contain two principal uses. Use of the property by the Porch Light Literary Center for meeting space for literary events and facilities for a private nonprofit is categorized in the Zoning Code as a private group assembly use (see 14-4A-6I). Such uses typically restrict access to the general public, and own, lease, or hold property in common for the benefit of its members. Examples include religious institutions; private, nonprofit meeting halls, clubs, associations; or nonresidential fraternal organizations. A private group assembly use requires a special exception to operate in the RNS-12 zone. Upon learning the proposed group assembly use was not allowed by right, the applicant has been working with the City to bring the use into compliance with the Zoning Code. 3 The multi-family use on the second story is allowed to continue and is not being considered as part of this application. However, any dwelling units converted to an allowed use, such as a private group assembly use, may not be converted back into multi-family uses. In addition, the existing structure does not meet the enhanced side and rear setback requirements for private group assembly uses. However, the Zoning Code allows the Board of Adjustment to consider a special exception to reduce these setback requirements. This application includes a request for such a special exception. On April 30, the applicant voluntarily held a Good Neighbor meeting. A summary of feedback received during the Good Neighbor Meeting can be found in Attachment 3. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4B-4D-17, pertaining to Religious/Private Group Assembly uses in RNS-12 Zones and Section 14-2A-4B-5b, pertaining to adjustments to principal building setback requirements, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, all of the criteria below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D-17: Religious/Private Group Assembly In…RNS-12 Zones: a.The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title. (1)Front: Twenty feet (20'). (2)Side: Twenty feet (20'). (3)Rear: Fifty feet (50'). FINDINGS: •The existing building is more than 70 feet from the front lot line and more than 20 feet from the side lot line to the east, but it is less than 20 feet from the side lot line to the west and less than 50 feet from the rear lot line. •Because it is an existing building, the applicant has requested setback reductions for side and rear setbacks with relevant findings discussed below. b.The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate 4 these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. FINDINGS: •The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. •The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public. •The proposed use will be in a converted single-family home built in 1893, and any exterior alterations requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay (OCD) zone. •The physical characteristics of the building including scale, setbacks, landscaping, and paving are compatible with surrounding residential uses, and changes to the subject property’s exterior are not being proposed as part of this application. •The subject property was previously converted into 4 dwelling units, and the proposed use would replace the units on the ground floor. Because this is in a single-family residential zone, dwelling units converted into the proposed use would not be able to become dwelling units again. •The applicant has indicated the number of persons per workshop is restricted to 12, with occasional readings of up to 30 people that utilize both indoor and outdoor space. •The occupant load of the largest room in the building, which is used to determine the minimum off-street parking requirement, indicates an occupancy of 25 people. •To ensure traffic volumes and parking requirements remain consistent with the occupancy of the building, staff recommends a condition that no more than 25 people may attend events that occur within the building. c.Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. FINDINGS: •Proposed uses include religious/private group assembly with the largest room having an occupancy of 25 people, and two 1-bedroom multi-family dwelling units. •The proposed uses require a minimum of 6 parking spaces. •The subject property contains 7 off-street parking spaces accessed from the alley at the rear of the property, all of which are existing legal nonconforming spaces; these include 6 surface spaces, and 1 space in the carriage house. •On-street parking is available nearby on one side of E. Washington Street and one side of S. Summit Street. d.The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter. FINDINGS: 5 •The building is set back more than 15 feet from neighboring residential uses which provides adequate separation to help mitigate adverse effects on surrounding uses. •The subject property is in a residential zone, so it must comply with enhanced noise control requirements in Chapter 6-4 of the City Code, including a prohibition of noise disturbances across properties lines after 10:00 p.m. and generally before 6:00 a.m. •To ensure the use does not produce negative impacts relating to noise or late-night operations, staff recommends conditions that no outdoor events occur between 10:00 p.m. and 6:00 a.m. and that amplified sound not be allowed outside. •The subject property is near residential uses in a single-family residential zone, so it is subject to enhanced outdoor light standards including height and light trespass restrictions, in addition to Low Ambient Lighting Environmental District (E1) standards, which helps prevent adverse impacts due to glare from lights. •Due to the limited extent of the proposed use, it is not anticipated that odors or litter on the subject property will exceed previous levels related to the residential uses. e.The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: (1)An accessory storage building less than five hundred (500) square feet in size. (2)A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. FINDINGS: •This section is not applicable because the proposed use is new. •A special exception is required. f.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 proposed use is in a residential zone within the Central Planning District, so it must comply with the multi-family site development standards. •The existing building and site meet most multi-family site development standards, but it does not comply with standards related to the location and design of surface parking and detached garages (Section 14-2B-6C) or building materials (14-2B-6G), specifically regarding required setbacks between parking areas and adjacent properties, screening of parking areas, screening between parking areas and ground floor windows, window and door trim, and durable base materials. •All noncompliant features are either considered elements of a non-conforming structure or non-conforming development, which allow a change in use provided the change does not increase or extend the degree of nonconformity. •No changes to the site or structure are being proposed as part of this special exception, and any external changes requiring a permit shall be subject to a Historic Review because it is in a Conservation District Overlay (OCD) zone. Specific Standards: 14-2A-4B-5b: Adjustments To Principal Building Setback Requirements: 6 (1)The situation is peculiar to the property in question. FINDINGS: •The existing building is set back more than 70 feet from the front lot line to the north, more than 20 feet from the side lot line to the east, more than 15 feet from the side lot line to the west, and more than 30 feet from the rear lot line to the south. •These setbacks are well over the minimum required for most uses in the zone, though the side setback to the west and rear setback do not meet the enhanced standard for the proposed private group assembly use. •The proposed use is in an existing building with setbacks that were established based on previous uses, which is a situation peculiar to the property in question. (2)There is practical difficulty in complying with the setback requirements. FINDINGS: •The proposed use is in an existing building which would need to be moved or partially demolished to comply with the enhanced setback standards. •This constitutes a practical difficulty in complying with setback requirements. (3)Granting the exception will not be contrary to the purpose of the setback regulations. FINDINGS: •Minimum setback requirements are intended to maintain light, air, separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; reflect the general building scale and placement of structures in the city's neighborhoods; promote a reasonable physical relationship between buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity. •The proposed use is in an existing building that is set back further than typical uses in the zone, and any exterior changes requiring a permit would require Historic Review. •The purpose of the setback regulations will continue to be satisfied with setback reductions to 15 feet for side setbacks and 30 feet for the rear setback. (4)Any potential negative effects resulting from the setback exception are mitigated to the extent practical. FINDINGS: •The proposed setback reductions maintain the setbacks of the existing building. •Mitigation will not be required because potential negative effects are not anticipated. (5)The subject building will be located no closer than three feet (3') to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space. FINDINGS: •The subject building is more than 3 feet from all side and rear property lines. General Standards: 14-4B-3: Special Exception Review Requirements: 7 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed use will be in an existing converted single-family home from 1893. • The existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Any future exterior changes requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay (OCD) zone. • The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. • The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public which will minimize health or safety impacts. • Staff will ensure all applicable life and safety standards are met as required through any standard building permit or rental permit processes. • The proposed nonprofit literary center would provide a unique amenity for the neighborhood and the broader community which will improve general welfare. 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 existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Because no exterior changes are proposed, the historic appearance of the property is maintained which enhances the enjoyment and property values of existing properties in the area. • Conditions as recommended will help mitigate potential negative effects on parking, noise, and hours of operation for 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 surrounding area is already a fully developed residential neighborhood. • The proposed use would occupy an existing building that is set back from adjacent properties in a manner that is consistent with the character of the neighborhood. • The conditions as recommended mitigate potential effects for surrounding properties. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The proposed use would occupy an existing building in a developed area, so all necessary facilities are already established. 8 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The front of the site is accessed from E. Washington Street and the rear is accessed from an alley that enters/exits onto S. Summit Street or Muscatine Avenue. • No changes are being proposed to the street, alley, or sidewalks. • The applicant indicates that events will be limited to 12 people per session or up to 30 persons per reading. With conditions as recommended, no indoor event will be allowed to have more than 25 attendees, which will help minimize traffic impacts. • The subject property is in a pedestrian-oriented neighborhood near Downtown and is less than 300 feet from a bus line, which helps enhance non-vehicular access. • The subject property does not currently contain on-site bicycle parking and would not be required to add it unless the use was expanded. However, staff recommends as a condition of approval that the subject property be brought into compliance with the minimum bicycle parking requirement to help minimize congestion issues. This would require the addition of 4 bicycle parking spaces that comply with the standards of Article 14-5A of the Zoning Code. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The proposed use will be in a single-family home from 1893 which was subsequently converted into four multi-family units prior to its current zoning. • The subject property meets the dimensional standards of the RNS-12 zone with the setback reductions as requested. • The property has some elements that do not meet current site development standards, but they may continue with a change of use as allowed by Article 14-4E ‘Nonconforming Situations’ of the City Code. • With conditions as recommended, the subject property will be brought into compliance with the minimum bicycle parking standards. • No exterior changes are proposed as part of this project, but any exterior changes requiring a permit must be approved through Historic Review because the property is in a Conservation District Overlay (OCD) zone. • Staff will ensure any future changes comply with all standards during building permit or site plan review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan Future Land Use Map shows this area as Residential (2-8 dwelling units per acre), and the Central District Plan Future Land Use Map of the Central District Plan shows this area as Single-Family Residential Stabilization which is intended to prevent further conversion of single-family residences to multi-family. 9 • The proposed exception would convert two existing multi-family units in a converted single-family home to an allowed institutional use that is compatible with residential uses. • The Comprehensive Plan supports exploring opportunities for new Arts and Culture venues and enhancing access by supporting nonprofits involved in arts programming. • The Central District Plan encourages promoting the Central District as an attractive place to live by supporting efforts of community organizations to create a sense of identify and neighborhood pride through art. • The proposed private group assembly use is consistent with the goals of both the Comprehensive and District Plans because it allows the Porch Light Literary Center to operate as an artistic cooperative while reducing the number of multi-family units. STAFF RECOMMENDATION: Staff recommends approval of EXC23-0004, to allow a Religious/Private Group Assembly use in a Neighborhood Stabilization Residential (RNS-12) zone, and to allow side setback reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at 1019 E. Washington Avenue, subject to the following conditions: 1. No more than 25 persons may attend an event that is held inside the portion of the building dedicated to the private group assembly use. 2. No outdoor events shall be held between the hours of 10:00 p.m. and 6:00 a.m. 3. No exterior amplified sound shall be allowed outdoors. 4. Within 6 months of the date a decision by the Board of Adjustment is filed with the City Clerk, 4 bicycle parking spaces shall be installed on the subject property in compliance with the standards of Article 14-5A of the Zoning Code. Upon written request and for good cause shown, the Board may extend this deadline without further public hearing on the merits of the original application. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence & Good Neighbor Meeting Summary 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services May 10, 2023 Board of Adjustment Meeting EXC23-0004 ATTACHMENT 1 Location Map Prepared by Staff M u s c a t i n e A v e E Washington St E Washington S t E College St S S u m m i t S t ! ƒ’’Ž‹…ƒ–‹‘ •—„‹––‡† „› ‡‹ˆ‡” ‘Ž˜‹ŽŽ‡ ƒ† -‹Ž‡• 0—ˆƒŽŽ ȋ0‘”…Š ,‹‰Š– ,‹–‡”ƒ…› ‡–e”Ȍ ˆ‘” –™‘ •’‡…‹ƒŽ ‡š…‡’–‹‘• –‘ ƒŽŽ‘™ ƒ ’”‹˜ƒ–‡ ‰”‘—’ ƒ••‡„Ž› use ‹ ƒ 2.3Ǧͳʹ :‘‡ ƒ† ƒ ƒ†Œ—•–‡– –‘ „—‹Ž†‹‰ •‡–„ƒ… ”‡“—‹”‡‡–• ˆ‘” ƒ’’”‘š‹ƒ–‡Ž› 0Ǥ͵Ͳ ƒ…”‡• ‘ˆ ’”‘’‡”–› Ž‘…ƒ–‡† ƒ– ͳͲͳͻ  7ƒ•Š‹‰–‘ 3–Ǥ q EXC23-0004 1019 E Washington St 0”‡’ƒ”‡† ›ǣ ƒ‹ ”‹ƒ ƒ–‡ 0”‡’ƒ”‡†ǣ !’”‹Ž ʹͲʹ͵ 0 0.02 0.040.01 Miles May 10, 2023 Board of Adjustment Meeting EXC23-0004 ATTACHMENT 2 Zoning Map Prepared by Staff M u s c a t i n e A v e E Washington St E Washington S t E College St S S u m m i t S t RNS12 RNS12 RNS20 RNS20 RS8 ! ƒ’’Ž‹…ƒ–‹‘ •—„‹––‡† „› ‡‹ˆ‡” ‘Ž˜‹ŽŽ‡ ƒ† -‹Ž‡• 0—ˆƒŽŽ ȋ0‘”…Š ,‹‰Š– ,‹–‡”ƒ…› ‡–e”Ȍ ˆ‘” two special exceptions ƒŽŽ‘™to a private group assembly use in an RNS-12 :‘‡ ƒ† ƒ ƒ†Œ—•–‡– –‘ „—‹Ž†‹‰ •‡–„ƒ… ”‡“—‹”‡‡–• ˆ‘” ƒ’’”‘š‹ƒ–‡Ž› Ǥ͵Ͳ ƒ…”‡• ‘ˆ ’”‘’‡”–› Ž‘…ƒ–‡† ƒ– ͳͲͳͻ  7ƒ•Š‹‰–‘ 3–Ǥ µEXC23-0004 1019 E Washington St 0”‡’ƒ”‡† ›ǣ ƒ‹ ”‹ƒ ƒ–‡ 0”‡’ƒ”‡†ǣ !’”‹Ž ʹͲʹ͵ 0 0.02 0.040.01 Miles May 10, 2023 Board of Adjustment Meeting EXC23-0004 ATTACHMENT 3 Correspondence & Good Neighbor Meeting Summary Submitted by the Identified Party 1 Kirk Lehmann From:Lindsey Litton <lindseylitton@mchsi.com> Sent:Wednesday, May 3, 2023 8:30 AM To:Kirk Lehmann Subject:In support of Porch Light Literacy ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or  attachments. ** Hi Kirk.  I am a neighbor to 1019 E. Washington and I just wanted to let you know that I am in support of  the special exemption for the Porch Light Literacy Arts Centre.  They have been a wonderful neighbor and add to the  character, charm and intrigue of our walkable neighborhood.  We enjoy living amongst them.      Thank you.    Andy and Lindsey Litton        Sent from my iPhone    Summary Report for Good Neighbor Meeting Project Name: ___________________________Project Location: _________________________ Meeting Date and Time: ________________________________________________________ Meeting Location: _____________________________________________________________ Names of Applicant Representatives attending: ______________________________________ ______________________________________ Names of City Staff Representatives attending: _______________________________________ Number of Neighbors Attending: ________ Sign-In Attached? Yes ______ No ______ General Comments received regarding project (attach additional sheets if necessary)- _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Concerns expressed regarding project (attach additional sheets if necessary) - _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Will there be any changes made to the proposal based on this input? If so, describe: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Staff Representative Comments ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ PorchLight Literary Co-op 1019 E. Washington St. Sunday April 30th, 1:00 pm PorchLight Literary Co-op Jennifer Colville Kirk Lehman 12 x General comments were positive. Three new home owners in the area told me they were very happy to have an organization like porchlight in their neighborhood. Martha Gordon, who came by at 2:00 told me she loved what we were doing and felt the improvements we made to the house and the yard had uplifted the neighborhood. Mark Rahe, a poet who expressed great enthusiasm for Porchlight, also noted that the front steps were not friendly to those with disabilities. I showed him the back entrance and he thought that would work just fine. One neighbor expressed concerns about parking, mentioning that parking had been an issue in the past, but seemed to be better now. One neighbor expressed concerns about potential noise but seemed satisfied by our commitment to limit noise by not holdng events past 10:00, not using microphone, and limiting events to 25 participants. To allay concerns about parking shortages we will put in a bike rack to encourage people to bike. We will not hold events past 10:00, not use microphones for poetry readings, and limit participation at readings to 25. Dear Neighbors, As the director of PorchLight Literary Arts Co-op, I’m happy to invite you to a Good Neighbor Meeting and Open House: 1:00 on Sunday, April 30th 1019 E. Washington St. The Iowa City Board of Adjustment will soon consider a special exception for this property. The propos ed special exception is to grant PorchLight Literary Arts Co-op official use of the property (i.e. 1019 E. Washington Street) for private group assembly. PorchLight is a member-run organization devoted to creating access to literary programming throughout the community regardless of ages, identities, income levels, and levels of experience. We offer space to members for small readings, workshops, work sessions, artist residencies and small literary gatherings, with a special interest in interdisciplinary and outreach projects. At the open house you will have the opportunity to learn more about our organization, how we plan to use the space, and the special exception process. You will also have the opportunity to leave comments regarding the proposal. The Iowa City Board of Adjustment will review our proposal on May 10th at 5:15 pm in Emma Harvat Hall (410 E. Washington Street). A notice of formal review will be sent to you by the City of Iowa City. You are encouraged to attend this meeting and voice your opinions. If you have any questions or would like to submit written comments, please contact me, Jennifer Colville, at colvillejen@hotmail.com. I’m excited to meet you and show you the space! Jennifer Colville, PhD Founder, PromptPress Director, PorchLight Literary Co-op 2022/23 Iowa Arts Fellow April 26, 2023 RE: Special Exception for 1019 E Washington Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an application submitted by Jennifer Colville and Miles Pufall (Porch Light Literacy Arts Centre) for special exceptions to allow a private group assembly in an RNS-12 Zone and to reduce the building setback requirements for property located at 1019 E Washington. The exceptions would allow for the Porch Light Literacy Arts Centre to operate in the existing building on the subject property (See Attached Map). No exterior changes to the building are being proposed. 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 May 10, 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. 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Adjustment Meeting EXC23-0004 ATTACHMENT 4 Special Exception Application Materials Submitted by the Applicant Specific Criteria (14-4B-4D-17): 17. Religious/Private Group Assembly In ID-RS, RS-5, RS-8, RS-12, And RNS-12 Zones a. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B-5, "Adjustments To Principal Building Setback Requirements", of this title. 1) Front: Twenty feet (20'). 2) Side: Twenty feet (20'). 3) Rear: Fifty feet (50'). b. The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatibl e, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, loc ation and design of parking facilities, and location and design of buildings. The proposed use will not disturb the goal of the zone to preserve the quiet historic and residential quality of the area. Our proposed use is as follows: Our two upstairs apartments, which used to house undergraduate renters, now house local visiting writers or literary adjacent artists . One is available to a year round writer in residence (currently this is Jordan Kisner, UI Visiting Professor of Creative Writing). The second apartment provides low cost shorter term residencies for literary artist who are often working with downtown arts organizations. We also offer further discounts to Iowa writers, and to writers who are parents for long-term residencies. We propose that the two downstairs apartments be available for use by members of the PorchLight Literary Co-op. Members may use the space for private work sessions, may organize small hybrid (online/in-person) workshops. (We won’t allow more than twelve people onsite per workshop due to the residential nature of the neighborhood and the upstairs apa rtments). Members can also organize occasional readings of no more than thirty people, and which will take advantage of the lawn andfront porch as well as the downstairs salon area. PorchLight literary co-op is part of an ongoing initiative of the Iowa City Down Town Arts Alliance. Our goal is to provide affordable living, and communal space for literary artists who may not be connected to a university program. A second aim is to help the city retain some of the artistic talent who pass through, by providing affordable housing options, and programming to help them continue developing their art in our city. As noted in the City’s Comprehensive Plan, strong artistic communities fuel economic growth by attracting businesses, young families and professionals who want a vibrant cultural experience. In addition, PorchLight emphasizes inter-disciplinary and outreach programming through many partnering organizations. With PromptPress we create opportunities for literary artists to collaborate with visual artist, theater artists, musicians and dancers. This nexus strengthens the art community as a whole by providing more chances to build stimulating creative connections, fellowship, and opportunities for artists to push their craft in new directions. Our outreach programming is based on the belief that art can connect people across different ages, socio economic, and racial/ethnic gender identities; and that by integrating art into daily life we heal, reflect, gain in self -knowledge and empathy. In this spirit PorchLight members offer a weekly workshop at Shelter House’s Fairweather Lodge for unhoused community members. In addition, we are home to the Free Generative Writing Workshops, a program that has been providing community writers access to some of world-class talent that comes through this city for the last eleven years. In short, our members and board have worked to build the community networks needed to allow the City of Literature live up to its name both on campus and off. c. Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. We are not requesting any additional parking. The seven spaces in the back, and street parking on Summit have suited our purposes. Except for the addition of a few new workshops (capped at 12in -person participants) we do not expect to grow our programming in a way that would change the l evel of traffic we currently have. Furthermore, as we are centrally located, and close to a bus line, people attending readings or workshops have the option of biking or walking, or taking the bus. d. The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter. The proposed use will not have adverse effects on the livability of near-by houses. Readings need not involve microphones, and if held outside, will can be confined to the porch. If an evening reading is scheduled it will end before 9:00 p.m. We expect our trash load to be the same or smaller than it was when the house was a four unit residence. We will not be using bright lights outside, and our members will keep the parcel neat and tidy by gardening and raking. We have already improved the sightliness of the house and grounds by giving the house a fresh coat of paint, establishing gardens, and installing a free little library. (See photos for a sense of how we use the space) e. [not applicable] The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: 1) An accessory storage building less than five hundred (500) square feet in size. 2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. f. 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. The house is in compliance with these standards. Both upper units, and the lower unit on the left are full dwelling units with kitchens, and bathrooms. (See photos) Specific Criteria (14-2A-4B-5a): 5. Adjustments To Principal Building Setback Requirements. a. A special exception may be requested to reduce principal building setback requirements beyond what is allowed by minor modification. The Board of Adjustment may adjust setback requirements if the owner or lawful occupant of a property demonstrates that the general special exception approval criteria and the following specific approval criteria have been satisfied: 1) The situation is peculiar to the property in question; This is a pre-existing, historic building. 2) There is practical difficulty in complying with the setback requirements; We would have to knock down a historic building and re-build. 3) Granting the exception will not be contrary to the purpose of the setback regulations; a. Maintain light, air, separation for fire protection, and access for firefighting; b. Provide opportunities for privacy between dwellings; c. Reflect the general building scale and placement of structures in the city's neighborhoods; d. Promote a reasonable physical relationship between buildings and between residences; and e. Provide flexibility to site a building so that it is compatible with buildings in the vicinity. a.&b. A portion of the left side of our building is 15 feet away from the property line, rather than 20.. However, the house next door is set up farther on its lot, so the walls of the two houses do not face each other. This provides a light airy space that is accessible for firefighters, and provides opportunities for privacy between dwellings. The 35 foot set back in the back of the house provides enough room for emergency vehicle access. The area is an open parking lot with room for seven cars. The property d irectly behind ours sits an additional ten feet away, across the alley and contains a fence for privacy.(see photos) c.Our building is comparable in size to the rest of the buildings on our street d&e. Our parcel contains larger than average setbacks or open space compared to the other buildings on our street. and 4) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. We don’t see any potential negative effects from our lot setbacks, but are willing to make adjustments if needed. 5) The subject building will be located no closer than three feet (3') to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space. The building setbacks are much farther away from the side and rear property line than 3’. They are 15’ on the left side, 21’ on the right side, and 34’ in the back. General Criteria (14-4B-3A): 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. It is part of the mission of PorchLight to enhance public health and welfare by provid ing community members with creative writing opportunities that will enrich, empower and build connection. No new elements will be added on the existing structure, and no activities that might endanger public h ealth will ensue. 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. The proposed use will not be injurious to the use or enjoyment of other near-by property. Our members will keep the parcel neat and tidy by gardening and raking. In addition we have improved the sightliness of the house and grounds by giving the house a fresh coat of paint, establishing gardens, and installing a free little library. 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. Our proposed use will not impede and may improve the development of surrounding properties. By creating and maintaining attractive grounds, improving the outer look of the property, we may help attract new families to the neighborhood. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The property is in a central area of town where roads, utilities, and drainage are adequate. 5. Adequate measures have been or will be taken to provide ingress or egress designe d to minimize traffic congestion on public streets. We forsee the seven parking spaces in the back of the property to be adequate to minimizing congestion on public streets. Our central location makes it easy for members to walk, ride bikes or take the city bus to PorchLight. 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. Located in an RNS-12zone, the two upstairs units will remain in compliance with their previous use as long - term residential units. Both units are equipped to function as single family dwellings. (see photos) 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The proposed use supports and furthers many of the goals of the 2030 Comprehensive Plan of the City. The goal of striking a balance between “preservation and change” or of balancing “big-city culture and diversity with preservation” is exemplified by PorchLight’s proposed use of 1019 Washington Street. The stability and livability of this historic neighborhood will be bolstered by PorchLigh t’s presence. We have improved the property at 1019 E. Washington by giving it a fresh coat of paint, planting gardens and installing a free little library. (see photos) Our working members will ensure that the grounds are kept up and repairs are made when needed. We’ll have not just a single groundskeeper, but a team. In addition, because our lot has an unusually long front set back, we are very interested in creating a neighborhood garden plot, which could open up more shared green space in a densely popu lated neighborhood. With the installation of our free little library, and conveniently placed chairs, we already welcome any interested neighbors onto our lawn. PorchLight honors the culture, history and identity of Iowa City by naming one of our residential units after Hazel Westgate, founder of the Iowa City Children’s library and former tenant of I019 E. Washington. We are also working toward developing a paid (grant funded) residency in her name. The 2030 Comprehensive Plan pledges to “promote Iowa City’s creative economy” through the support of artist communities and “recognizes Iowa City’s arts and cultural offerings as an important resource to attract business and recruit employment.” As a member of the ICDAA PorchLight has very much developed with these ideas in mind, or with the knowledge that Iowa City supports innovative artistic development. The ICDAA is a group that includes the Englert, City of Literature, the Iowa Summer Arts Festival, FilmScene, and Riverside Theater. The ideas behind PorchLight grew out of conversation with this group about building the arts eco-system to attract, support and retain developing artists in our city. One need mentioned was that of affordable housing and residency space for artists, as Iowa City is quickly becoming a space in which it is too expensive for artists to live. Another point of discussion has been how to develop an arts and culture plan that includes all neighborhoods – a desire that is also named in the comprehensive plan. PorchLight has tried to meet these calls by providing affordable living space for one literary artist year-round, and affordable residencies that support the top-notch artists that come through town for Riverside Theater productions, Film Scene screenings, or visiting professorships in the literary arts. We have also received a grant from Think Iowa City to support a visiting artist who will work collaboratively on an interdisciplinary project with a local artist. Another discussed need was opportunities for literary artists to continue to develop their skills outside of the university setting, alongside opportunities for artists to be paid through publication or teaching. PorchLight tries to meet this need in two ways. We provide opportunities for writers and literary adjacent artist to connect and share resources and information. We would also like to offer a slate of member designed creative writing workshops (online and in person) for the community and beyond. Through our co-op model all payment would go directly to the teaching writers who are members of the co-op. We hope this will provide literary professionals the chance to develop their careers, offer affordable and enriching instruction to the community, and provide instructors with adequate compensa tion for their work. These courses alongside our free offerings: The Free Generative Writing Workshop, The Long -Project Check in and Care and Spark (a support group for artists who parent), the FairWeather Writing Sessions at Shelter House, and occasional member organized reading would form the our complete slate of literary programming. Many of these offerings are already integral to the growing arts ecosystem in Iowa City. Now that they are located in PorchLight they provide further benefits that l ine up with the 2030 Comprehensive Plan. *Our residencies allow workers to live close to their place of employment at the university or downtown arts organizations *By finding a home in a centrally located neighborhood, close to a bus route our programs are more accessible to a more diverse group of people. *Our mode of development has been both organic to Iowa City’s history and innovative. We follow in the footsteps of joint live/work spaces such as the Grant Wood Artist’s Colony, located just one block south of us. And we are working jointly with Public Space one, to create a new model of live/work space for artists that also includes programming. Our model is much smaller than PS1’s but shares many of its guiding principles. Furthermore, it’s small size makes it a model of arts organization that might be easily replicated, and beneficial to other neighborhoods within the city. 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ST https://www.iowacityschools.org/ 212100 R NO YES IOWA CITY 1012 E WASHINGTON ST https://www.iowacityschools.org/ 368650 R NO NO IOWA CITY 930 E COLLEGE ST https://www.iowacityschools.org/ 1069280 R NO NO IOWA CITY 932 E COLLEGE ST https://www.iowacityschools.org/ 303690 R NO YES IOWA CITY 947 E IOWA AVE https://www.iowacityschools.org/ 252680 R NO NO IOWA CITY 219 S SUMMIT ST https://www.iowacityschools.org/ 1031930 M NO NO IOWA CITY 1012 E BURLINGTON ST https://www.iowacityschools.org/ 355640 M NO NO IOWA CITY 221 S SUMMIT ST https://www.iowacityschools.org/ 249150 R NO YES IOWA CITY 1104 E BURLINGTON ST https://www.iowacityschools.org/ 245350 R NO NO IOWA CITY 1040 E BURLINGTON ST https://www.iowacityschools.org/ 245960 R NO YES IOWA CITY 1034 E BURLINGTON ST https://www.iowacityschools.org/ 321920 R NO YES IOWA CITY 1030 E BURLINGTON ST https://www.iowacityschools.org/ 251320 R NO NO IOWA CITY 1024 E BURLINGTON ST https://www.iowacityschools.org/ 278730 R NO NO IOWA CITY 1126 E COLLEGE ST https://www.iowacityschools.org/ 286420 R NO YES IOWA CITY 1037 E WASHINGTON ST https://www.iowacityschools.org/ 313880 R NO YES IOWA CITY 1033 E WASHINGTON ST https://www.iowacityschools.org/ 352440 M NO NO IOWA CITY 1025 E WASHINGTON ST https://www.iowacityschools.org/ 312440 M NO NO IOWA CITY 1019 E WASHINGTON ST https://www.iowacityschools.org/ 198340 R NO NO IOWA CITY 1011 E WASHINGTON ST https://www.iowacityschools.org/ 452120 R NO NO IOWA CITY 935 E COLLEGE ST https://www.iowacityschools.org/ 975480 M NO NO IOWA CITY 927 E COLLEGE ST https://www.iowacityschools.org/ 1362470 M NO NO IOWA CITY 923 E COLLEGE ST https://www.iowacityschools.org/ 345440 R NO YES IOWA CITY 214 1/2 S SUMMIT ST https://www.iowacityschools.org/ 266150 R NO YES IOWA CITY 1003 E WASHINGTON ST https://www.iowacityschools.org/ 161220 R NO NO IOWA CITY 1103 MUSCATINE AVE https://www.iowacityschools.org/ 282700 R NO NO IOWA CITY 109 S SUMMIT ST https://www.iowacityschools.org/ 341280 R NO NO IOWA 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https://gis.johnsoncountyiowa.gov/php/ipa.php?lat=41.6607991613637&lon=-91.5219646419966 https://gis.johnsoncountyiowa.gov/php/ipa.php?lat=41.6607991613637&lon=-91.5219646419966 https://gis.johnsoncountyiowa.gov/php/ipa.php?lat=41.6607991613637&lon=-91.5219646419966 https://gis.johnsoncountyiowa.gov/php/ipa.php?lat=41.6607991613637&lon=-91.5219646419966 Lot four (4) in T.R. Fry’s Addition to Iowa City, Iowa according to the plat thereof. May 10, 2023 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA April 12, 2023 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL APRIL 12, 2023 – 5:15 PM MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark Russo, Paula Swygard, Tim Weitzel [as a temporary alternate to Larry Baker during the appeal] MEMBERS ABSENT: None STAFF PRESENT: Sue Dulek, Kirk Lehmann, Grant Lientz [as independent legal counsel during the appeal], Danielle Sitzman OTHERS PRESENT: Brian Boelk, Gregg Geerdes, Mark Holtkamp, David Moore, Susan Shullaw CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Carlson outlining the role and purpose of the Board and the procedures that would be followed in the meeting. APPEAL ITEM APL23-0002: An appeal submitted by David Moore to overturn a decision of the Building Official to extend a building permit for a single-family home at 319 North Van Buren Street: alleging that the proposed building does not meet setback and other requirements of City Code. Carlson opened the public hearing. Baker recused himself as he had prior correspondence and communication with the applicant. Tim Weitzel is in attendance as a temporary alternate Board member as allowed by the procedural rules of the Board of Adjustment. Lehmann stated because it's an appeal of a decision by the building official, he is only acting in the capacity of secretary of the Board, and the Board has an independent legal counsel tonight, Grant Lientz of North Liberty. In terms of background, Lehmann shared the aerial and the zoning maps and said Danielle Sitzman, the building official that made the determination, is going to give the staff presentation. Lehmann reiterated the subject property is 319 North Van Buren Street which is in the Northside Neighborhood of Iowa City and is currently a vacant lot. The vacant lot is surrounded by residential uses and the zoning is Single Family Neighborhood Stabilization (RNS-12) and that is the same zoning for the lots to the west, north and east. Lehmann added that the lots to the west and north also have a Conservation District Overlay (OCD) zone. The property to the south, across the alley, is zoned CO-1 Commercial Office, due to proximity to Mercy Hospital. Board of Adjustment April 12, 2023 Page 2 of 19 Sitzman began the staff report reiterating this property is in the RNS-12 Neighborhood Stabilization Residential zone and table 14-2A-2 of the zoning code includes land uses allowed in this zone, which includes single family household uses. The proposed use for this building permit is a household living use in a detached single-family dwelling, otherwise known as a house. Sitzman showed the site plan for the submitted building permit, followed by the elevations for the proposed dwelling from the south side and then from Van Buren Street or the east elevation. It shows the lower story of the proposed building and that is considered the ground floor and first floor of the building by the zoning code. The plans show an entry door to be located on the building facade adjacent to North Van Buren Street, which is the primary street frontage on the ground floor/first floor. The entry door opens under the ground floor/first floor living space, which is connected to the rest of the habitable space of the dwelling. The south facing entry door is the principal means of access to the single dwelling unit proposed for this property. Sitzman noted there's a second door to be located on the building facade adjacent to North Van Buren Street on the next story above the ground floor/first floor which is labeled main level on the building plan set. That door is oriented east and accessed by a stairway. Sitzman stated as far as the appeal goes, the staff memo and her final remarks are in response to the relevant zoning code sections to be reviewed by the Board of Adjustment. The Board of Adjustment hears appeals when there's an alleged error in an interpretation of the zoning code or any zoning ordinance. Staff's understanding of the appeal from the appellant maintains that a stairway extends into the front setback area in violation of the zoning code. In response to the alleged violation, Sitzman stated the dimensional requirements for single family residential zones are stated in table 2A-2 and described in more detail in subsections A through E [of Section 14-2A-4], including things like lot requirements, setbacks, bulk standards such as height and lot coverage, and open space standards. Subsection B is solely about setbacks for principal buildings. Subsection B states that the minimum setbacks for principal buildings create the required setback areas within which principal buildings are not allowed, except for certain building features as specified. Subsection 4 contains specific building features which are exempted from the prohibition of B or in other words are allowed to be in the setback area. They're labeled as building features permitted within the required setback area and it contains five subsections itself (a through e) each of which names the type of feature permitted and lists any stipulations on those permissions. For example, (a) lists awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies, chimneys, cornices, sills and other similar features, and then further explains where and by how much they may or may not extend; (b) lists enclosed porches, covered decks, covered patios and unenclosed and screened in porches and then further explains where and by how much they may or may not exceed those setbacks; (c) lists fire escapes, and then further explains where and by how much they may or may not extend; (d) lists stairways and then further explains in what context they may not extend and; (e) lists stoops and wheelchair ramps and then further explains in what context they may be used, and where and by how much they may or may not extend. Sitzman stated there's some symmetry in the section where in each of these sections a-e list the item and then explain further where and by how much or in what context those may be allowed. Sitzman next showed the setback area on the building plans for the detached single-family dwelling with three stories. She stated the subject property qualifies for setback averaging, which results in the minimum front setback area of 9.8 feet. The required front yard setback area is the area between the street side lot line along North Van Buren Street and a line drawn parallel to the street and west of it 9.8 feet from the street. Within this required front setback Board of Adjustment April 12, 2023 Page 3 of 19 area, principal buildings are not allowed except for the certain building features which she just read contained in the code sections a-e. Subsection d specifically reads that “stairways that function as the principal means of access to dwelling units located above ground or first floor of a building may not extend into any required setback”. It lists stairways as an allowable building feature in the required setback area and then further explains in what context they may not extend and where. Staff’s reading of the code based on the context of its structure is therefore that if the stairway does not function as the principal means of access to dwelling units above the ground floor/first floor, then it is not limited in location or encroachment in any other way. Sitzman stated the stairway does access a level of the building above the ground floor/ first floor but is not the principal means of access to the building. The principal means of access to the building is the south facing entry door on the building facade adjacent to North Van Buren Street. Therefore, the stairway can extend without limit into the front yard setback area. Swygard asked how they determined that the primary street frontage is the door that faces the alley. Sitzman stated the staff memo includes a series of definitions out of the zoning code and primary street frontage is one of those definitions. From the code, primary street frontage is “the frontage of a lot to which the address is assigned”. So, in this case, this lot is assigned an address off North Van Buren Street making North Van Buren Street the primary street frontage so the door on the face of the building is the principal means of access to the building. Swygard noted the door faces south. Sitzman concurred there is a door in the middle of the facade that orients to the south but it's on the facade of the building that faces east. So while the door may orient south and opens out to the south, it's in the middle of the center of the facade facing east which is the primary frontage of North Van Buren Street. Swygard asked how the main entrance is described on a residential property. Sitzman stated there is no definition of primary entrance in the code. Swygard stated in 14-9A, the code defines the main entrance to a residential use. Sitzman noted she does not have the code in front of her but that was not one she found in her research. Swygard noted it states the main entrance to a residential use is “the primary entrance located on the exterior wall of the building used by residents of a dwelling to gain access to their dwelling unit. Such an entrance is typically located on the street facing wall of the dwelling and an entrance to a dwelling from a parking garage is not a main entrance”. Sitzman noted it sounds like they're describing the wall facing Van Buren Street, which is the door on that facade of the building. Sitzman added that's open for the Board to discuss what that part of the code means but staff interpreted in this circumstance that the door on the main floor/ ground floor is, although facing south, on the east or primary facade. Russo noted the façade facing Van Buren is undisturbed, the door is on a wall intersecting the façade. Sitzmann doesn’t believe there's anything that says it has to be parallel to the street. Carlson asked for the definition of a stoop. Sitzman stated there isn’t a definition of a stoop in the zoning code. Carlson wondered if ramps for wheelchairs have certain dimensions. Sitzman stated they are described in a separate subsection from stairways. Weitzel asked about egress requirements and what would this building need for egress for the upper floors. Sitzman stated that's a building code question not a zoning code question. Dave Moore (425 East Davenport Street) is the person who filed this appeal with a board, he lived for 40 years at his house which is on the same block just around the corner from the Board of Adjustment April 12, 2023 Page 4 of 19 subject property 319 North Van Buren. In 2021 Prestige Properties filed its first building permit for this parcel and he was part of a group of neighbors who were concerned at that time that the structure then envisioned for this very small and narrow lot was oversized and did not fit the character of the neighborhood and the surrounding homes, or in fact, the code. Moore noted they were successful in an appeal in 2021 to the Board of Adjustment back then and changes were made to the original plans and the project was approved and allowed to move forward so he’s back in front of the Board today. Moore stated they believe the current plans were approved in error, in particular they believe the stairway to the second story is the main floor entrance to the home on Van Buren Street and is in violation of the City's Building Code pertaining to setback requirements, and that the building permit should not have been issued. Moore will have his attorney Mr. Geerdes talk in more detail about the code sections that they believe are misinterpreted or followed in error but as a quick aside, a friend said to him a couple of days ago that their neighborhood is like an old crazy quilt. And to draw an analogy between the quilts and a neighborhood, what fits and what doesn't, is the way to figure out if something fits, whether it's a quilt or a neighborhood, is a code. So thankfully, they have the code in this situation to look to and as someone who's lived on that block for four decades and walks those streets every day he feels obligated on behalf of his neighbors, as well as himself, to object respectfully to the permit allowing this structure to be built as currently designed. Susan Shullaw (718 North Johnson Street) wanted to share a brief presentation but first noted they would like to suggest because the City's website has been down when trying to access the Board of Adjustment agenda for much of the weekend into Monday and actually this afternoon, that might warrant a hearing delay, because neighbors were not able to access that information close to this hearing. On with the presentation, to put this in a little human context she shared what the Northside looks like and a typical streetscape in the RNS-12 neighborhood taken right around the corner from the subject property. She pointed out that the sightlines are pleasing and the setbacks, which they also know as front yards, allow for pleasant views and in good form to the City's code, which says they should conform for the general building scale and placement of structures in the neighborhood. They think those front yards are important and they provide sightlines that are not only safe but pleasant and allow people to interact and talk to one another. Next looking at the proposed drawings and the south facing entrance. The building and the door that was referenced, clearly is facing the alley, whatever wall it's on. She then showed again the east and west faces of the first proposed building, with the entryway on that stairway that cuts back and up to the second floor, which is the main dwelling unit of this of this structure. Shullaw wanted to again call attention to the fact that what is referred to as the principal entry that faces the alley is actually under and hidden by those stairs that are facing Van Buren Street, which feels to them like the principal entry of the building. She also noted this image highlights again how much further that stairway extends into the setback, which seems pretty severe. Shullaw stated when this building was originally okayed back in February 2022 it was done so when there was no entry door on the alley, but the stairs were there and it was permitted at that time. She showed an image of the permit that was issued in February 2022. She stated changes were made subsequently to add that door. She showed the floor plans again noting where the door now is was originally a bedroom, it's an office now that the alley door leads into it. She showed another image of the proposed building, looking at it as if one were standing in the alley, looking north on Van Buren, noting what that stairway is going to look like with the door that's inset and she noted how different that is from the streetscape that they just saw along Davenport Street around the corner. Shullaw believes that this stairway will obstruct sight lines for motorists and pedestrians and is a bit of a hazard besides just being aesthetically not pleasing and it's a disruption of the traditional streetscape. In closing Shullaw Board of Adjustment April 12, 2023 Page 5 of 19 wanted to repeat that they really hope the Board will accept this appeal and not permit the staircase to be built on this building. Additionally, they are also concerned that if the City does go ahead with this design it's going to set a precedent for double stairways on the fronts of buildings throughout the Northside and that's not something they want to see. Gregg Geerdes (105 Iowa Avenue) is the local attorney who has the privilege of representing a number of people who desire to protect their neighborhood. First he wanted to comment on what the previous speaker discussed regarding the problem with the website, when he checked periodically on the weekend it was down, he found it to work yesterday when he checked, but it did not work late this afternoon after about three o'clock. He stated that certainly affected their ability to prepare for these meetings as he didn’t have hard copies at that time of all the documents as he relied on being able to use them via the City website. Geerdes suspects the public encountered the same issues, especially over the weekend, so with that he would respectfully recommend and suggest that they reschedule this until the next Board meeting so that the public has a chance to fully appreciate what this dispute is all about because it is important to the entire Northside. Geerdes provided additional paper handouts to the Board. Carlson asked does the Board question because of the problems with the website they should give them more time. Lientz noted the Board has adopted procedures for how these meetings are run and included in the Board procedures is a section on notice about how people are notified that the hearing is going to happen. Mr. Lehmann can speak to ensure that the notice was properly followed. Article 5 of the Board procedures talks about three different ways that notice is provided, one by sending letters 7 business days prior to the public hearing, two, a newspaper notice is placed between 4 and 20 days prior to the hearing and three, posting a sign 7 business days prior. He noted there is nothing in the Board's procedures that provide for access to materials prior to the hearing, and that the rules the Board adopted are silent on that so there is no there is no requirement that they be available, except for State Code which states that the agenda needs to be set 24 hours prior to the meeting. Lehmann noted the sign was posted March 17 after the application was submitted on February 15, notice was mailed on March 23 which is 20 days prior, and the newspaper notice was published March 29, about 14 days prior. Traditionally the agenda packet is posted the Friday before the meeting, and in this case the packet was posted on April 7. Lehmann noted they had issues with the website viewer, but the packet was available for download. He would encourage downloading the packet in the future as well. The agenda packet was updated on April 10. Lehmann confirmed they followed typical BOA procedures. He added that if someone wants the materials, they can also contact staff, and that the appellant came in and requested materials on Friday, and staff printed some off for him. Lientz stated his opinion is since Board procedures are silent on packet materials and this hearing is the opportunity to present those things, he does not recommend a postponement is required. However, a motion to table is something can be considered and is within the Board discretion if they feel it's appropriate to do so, but it is not required by code. Staff already made their presentation but if someone were to make a motion and it was seconded and carried, a delay could be made. Mr. Geerdes has asked for such a motion so now would be the appropriate time to consider it if the Chair so feels inclined, it is at Chair’s discretion. Carlson stated she would like to know how the other Board members feel about this. Board of Adjustment April 12, 2023 Page 6 of 19 Russo asked what would materially change, from the appellant’s perspective, if they were given another month. Geerdes stated they would be able to have at least one more meeting between himself and his clients, probably two more meetings, in which they would have a chance to review in detail the documents, particularly the most recent additions to the packet, as it's just hard in this type of case to make an adequate preparation or to have an adequate meeting without being able to access the documents. Weitzel acknowledged how that would be frustrating but they’ve had a chance now to hear the staff’s proposal and now they're asking for a postponement so if the Board does postpone it are they giving them an advantage. Lientz stated that is a possibility and again there's no legal basis in the rules that this Board has adopted that would warrant or compel a continuance, they can do that, but he is not advising them to do so. Russo stated if the website had been functioning, they would have had access to the staff report prior to tonight though, correct. Lehmann confirmed that is correct. Russo asked if there would have been any material difference then versus now. Lehmann is unable to answer that as he is acting as secretary, but he noted in terms of changes to the staff report packet, things that were changed included additional correspondence from Bob Miklo and the initial memo from David Ginger representing the owner of the property was removed, those were the two changes. Lientz wanted to give staff the opportunity to weigh in on their thoughts on continuing or postponing the matter. Dulek stated a delay would cause a stop work order on the owners property so another option would be to not delay it for a month, the Board could meet at any time, two weeks from now, a week from now, and so on as staff’s report would not change. Carlson reiterated the only new information that was put in the packet was the Bob Miklo letter and the fact that the lawyer for the builder asked to have his letter removed. She confirmed those were the updates to the packet, otherwise the packet would have been the same. Lientz noted another question would be whether the Board had opportunity to view all the documents, were there any members of the Board that were not able to review the materials in advance. All of the Board members confirmed they were able to download the documents and view them. Lientz also reiterated notwithstanding that there was a notice given and posted and mailed and to everybody within 500 feet that this was going to happen. Carlson moved to table discussion on this item for one week, until April 19 at 5:15pm so the Board can discuss this further. Russo seconded the motion. Carlson acknowledged the City has had problems with their website and feels that everyone should be able to have access to all of the information, especially since they have concerned citizens here so they owe it to them to make sure that they have access to that information. Parker does not feel they need to table this but accepts the motion on the table. A vote was taken and the motion to defer was approved 4-1 (Parker dissenting). The public hearing on this item remains open. SPECIAL EXCEPTION ITEM EXC23-0003: Board of Adjustment April 12, 2023 Page 7 of 19 An application submitted by Mark Holtkamp (A Latte Buzzness) requesting special exceptions to allow a drive-through facility associated with an eating establishment and a drive-through facility associated with an Automated Teller Machine (ATM) in a Community Commercial (CC-2) zone for property south of N. Dodge Street and west of N. Scott Boulevard. Carlson opened the public hearing. Dulek returned to position of acting City Attorney for the Board. Baker returned to his position on the Board and Weitzel stepped down as a temporary member. Lehmann stated this exception is for two drive-throughs at the currently vacant property at the corner of North Scott Boulevard and North Dodge Street. He stated the area was recently rezoned to Community Commercial (CC-2) and showed the aerial and zoning maps. The subject property is currently a single property but there are plans to divide it into multiple lots per the approved preliminary Development Overlay Plan (OPD). The area that they're really looking at is zoned CC-2 area, not the portion of the site zoned Low Density Multifamily Residential (RM-12) since proposed uses there are allowed by right. They're just looking at the drive- through uses. In terms of surrounding uses, to the east are some public zones, the fire station, and also a small sliver of Research Development Park owned by ACT. Directly south of the area zoned CC-2 it is zoned RM-12 and just south of that is detached single family homes zoned low density single family residential (RS-5). To the west there's some more public zoning where the school district administration building is and to the north are residential uses with some townhomes and some other RS-5 zones. Lehmann stated the application is for two special exceptions, they are two different drive- throughs. For the purposes of the presentation tonight he will be presenting them as one and will just call out were they're different because for the most part the Board is just looking at impacts on surrounding uses and those impacts are largely the same. It just varies how they're structured and where they're located. For the two drive-through facilities, one is associated with a coffee shop and one is associated with an ATM. Lehmann reiterated the property is currently a 3.87-acre vacant lot. In terms of background for the site it was previously rezoned in 2008 to commercial office for a bank and office use, including a drive-through component, which was never built. It was recently rezoned in March 2023 with a planned development overlay (OPD) and a Community Commercial (CC-2) zone as the base zone for 2.04 acres. The rest of the site was zoned Low Density Multifamily Residential (RM-12). As part of that rezoning, a preliminary OPD plan was approved as was a sensitive areas development plan due to the presence of critical slopes on the site. The applicant held a good neighbor meeting as part of the initial rezoning in October 2022. Lehmann noted the rezoning was approved with a couple conditions. One is that before the building permit is issued, they have to have an approved landscape plan which includes North Dodge Street and Scott Boulevard public right-of-way and there are some trees that would be removed as part of the proposed OPD plan so any trees that are removed must be replanted. Second, prior to issuance of a building permit is that there are dedicated public access easements for pedestrian facilities that link to those public streets and the rights-of-way to provide connectivity. Third, prior to issuance of a certificate of occupancy that a right turn lane be installed along the southbound side of Scott Boulevard. Fourth, that a pedestrian crossing with a refuge island be installed across Scott Boulevard which would lead directly to North Dubuque Road. Finally, the fifth Board of Adjustment April 12, 2023 Page 8 of 19 condition is that no vehicular access be allowed on North Dodge Street. Lehmann next reviewed the actual site plan to help the Board visualize the area. He reiterated it is currently one lot but they’re expecting a plat which is required prior to site plan. They expect that final plat application soon but it has not come in yet. On the site, the north area is shown as CC-2 with two commercial lots, those lots are functioning as one tract which means that they share common facilities and in this case it's mostly parking. To the south is the RM-12 zone with the attached single-family lots. Regarding the proposed site plan, lot one would be the coffee shop with the drive-through and then the drive-through ATM, both of those things would be on lot one. Lot two is a proposed mixed-use building that would presumably have a restaurant use on the ground floor and eight one-bedroom units above. That is what is shown on the OPD plan but there are not plans to build it at this time. Lehmann pointed out the shared parking area and noted the proposed mixed-use building parking would be built along with the coffee shop and the ATM even though the mixed-use building would be built later. To the south those lots would become attached single family, which are allowed by right, however the proposed multifamily use in the CC-2 zone would require a special exception in the future. Lehmann pointed out the access for this site is from North Scott Boulevard directly across from the entrance to North Dubuque Road which forms a four-way intersection where on one leg is Scott Boulevard and the other is North Dubuque Road and this access point that would lead into the proposed development. He noted there's no curb cut there now, so that's being proposed as part of this. He also pointed out they show a right turn lane that would be along North Scott Boulevard essentially as you turn right off North Dodge Street moving southbound on North Scott Boulevard, and that right turn lane would enter the proposed commercial development. Lehmann explained that during final plat review is where the City actually receives construction drawings that show the road width, the pavement depth, and all those things. There was some technical questions and concerns about the turn lane from Dodge Street to Scott Boulevard but Lehmann explained again those are the sorts of things that are finalized at final plat review. Lehmann continued with the description of the area, in terms of the parking there are three east/west parking aisles and two north/south parking drives, and the drive-throughs would be in one direction arcing from the west-most drive. Both enter at the same place and one arcs by the coffee shop, that one has a bypass lane, and the other would arc by the ATM. He noted folks in those lines could use the bypass lane if needed, depending on how much stacking there was. The coffee shop is proposed to have an order board and pickup window and the drive- through ATM would only be that singular lane. In terms of pedestrian access, it's provided from North Dodge along one connection and there are two connections from North Scott Boulevard in addition to an internal pedestrian connection through the parking area and site. Lehmann showed some pictures of the area as it exists now. He reiterated that access to this proposed development is off Scott Boulevard and that is going to be the only access to the property in perpetuity because of the rezoning condition. Access points are guided by City policy for access standards, and staff generally tries to restrict access to arterial streets. The role of the Board tonight is to approve or deny the special exception as requested. Those would be based on this the approval criteria for the relevant special exception, which in this case is two drive-throughs that would be specific standards relevant to drive-throughs and then Board of Adjustment April 12, 2023 Page 9 of 19 general standards for all special exceptions. Russo asked if there any limitations to the type of business, right now there's a coffee house proposed but if they sell that can it become something else. Lehmann said that would be guided by the uses allowed in the CC-2 zone which is pretty broad and allows a wide variety of commercial uses, including drinking establishments. Residential uses would require a special exception, as is going to be required for the mixed-use building. However there are additional standards if there are significant changes to the OPD plan, because it would require a rezoning. So there could be different uses that occupy the building but if the drive-throughs were ever expanded in the future that would trigger a new special exception. Lehmann first reviewed the specific criterial regarding drive-through facilities which are found at 14-4C-2K-3. The first subset of criteria are related to access and circulation for the drive- throughs, first that wherever possible and practical drive-through lanes shall be accessed from secondary streets, alleys or shared cross access drives. In this case, the proposed drive- throughs associate with the coffee shop and ATM would be accessed from the shared drive through the parking area and not accessed directly from North Scott Boulevard. Additionally, there would be no access off North Dodge Street as that was a condition of the rezoning so staff finds this criterion to be met. Second is that to provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. Again, access to the proposed commercial lots would be from the single curb cut on North Scott Boulevard and is aligned with North Dubuque Road to form a four-way intersection. The curb cut to access the property will maintain a safe pedestrian movement in the same manner as on the east side of the street with North Dubuque Road and they are going to have a crossing island. Staff will ensure that all relevant standards are met during final plat and site plan review which includes things like the required sidewalks, pedestrian accessibility required by City code and those sorts of things. Third is an adequate number of stacking spaces must be provided. Recommended for eating establishments is six spaces and the minimum recommended for non-eating establishments (like banking uses) is four spaces. The coffee shop includes a single drive-through lane with six stacking spaces that passes the order board and pickup window in addition to the bypass lane. The ATM includes 4 stacking spaces and the bypass lane can be used by those waiting for the ATM so based on those minimum recommended standards staff believes this criterion is met. Lehmann noted however, sometimes those the minimum recommended amounts can be questioned by the Board if they have specific concerns related to a specific use. He added, in this case there is substantial room for overflow within the parking area that would prevent it from backing up into streets that might compromise traffic safety. Therefore, staff believes that helps bolster that case for the minimums. Fourth is that sufficient on street signage and pavement markings be provided to indicate direction of vehicular travel, pedestrian crossing, stop signs, no entrance areas etc. In this case, the site plan shows directional arrows in the drive-throughs and the parking areas as well as directional signage for the drive-through and a Do Not Enter sign at the exits. The site plan also shows pedestrian routes that are demarcated where they cross internal drives, which helps improve the visibility of pedestrians crossing and improves their safety. That being said, staff recommends that as a condition of approval the pedestrian routes be permanently demarcated using integral dyed concrete, alternate paving materials or other permanent methods to ensure Board of Adjustment April 12, 2023 Page 10 of 19 that pedestrian safety continues to be preserved in the future. Lehmann explained in some cases if they use surface paint, for example, that wears away and that's why staff recommends that condition for permanent markings. Staff believes with that condition this criterion is met. The next subset of criteria are related to the location of facilities. The first is that the drive- through lanes and service windows be located on a non-street facing facade. In this case, it is on a non-street facing facade for both the ATM and coffee shop so this criterion is met. Second is that those drive-through lanes are set back at least 10 feet from adjacent lot lines and public rights-of-way and screened from view as well. Lehmann stated, both the coffee shop and ATM are set back well over 10 feet from adjacent lot lines and public rights-of-way. The coffee shop is set back around 75 feet from North Scott Boulevard and from North Dubuque Road and it's more than 30 feet from adjacent lot lines. The ATM is set back even further from the streets and again 30 feet from adjacent lot lines. In terms of screening, that is discussed under the next set of sub criteria (design standards). Based on these findings staff believes this criterion is met. The third subset of criteria is related to design standards and making sure the drive throughs do not negatively affect surrounding properties in the area. The first criterion limits the amount of drive-throughs to not impact the pedestrian environment or quality of the streetscape. For the coffee shop, there is one drive-through lane proposed for the pickup window and then one bypass lane both of which are about nine feet wide. The ATM drive-through lane is about 11 feet wide. In terms of impacts to the design quality of the streetscape, both of these drive- throughs are on the interior of lots and set back pretty far from those rights-of-way. The drive- throughs are screened from North Scott Boulevard by buildings from the north and from landscaping that complies with City standards to the north and east. Therefore, staff believes this criterion is met. Also the recommended condition that pedestrian routes be permanently demarcated will help with the safety of the pedestrian environment. The second sub criterion is that drive-throughs are screened from adjacent streets and adjacent properties to the S2 standard or if it's for residential properties then to the S3 standard. In this case there are residential uses to the north and to the south, to the north are townhomes and the proposed coffee shop building will help screen part of the drive-through from the townhomes and there's also S3, landscaping shown on the landscape plan. To the south where there are other residential uses and RM-12 zoning, there is S3 screening shown as well so that is also met. To the east and west are those institutional uses that need to be screened to the S2 standard. Also to the west is an existing tree line so they're not adding landscaping to the west, just to the east. Overall, staff finds that the screening criteria is met. Carlson asked if to the west there is a possibility that at some point those trees will be taken out and if so then who would have to deal with the adding in the screening. Lehmann replied he believes those trees are in a conservation easement and they will discuss easements and those type of legal encumbrances at the time of final plat. Also, there are steep slopes where those trees are and there's protection for the steep slopes. If there is a concern, there could be condition added that the tree area be located within a conservation easement and the trees not be disturbed, that would be up to the purview of the Board. The third sub-criterion for design standards are that multiple service windows servicing a single stacking lane should be considered to reduce idling. Lehmann explained the coffee shop has an order board and a pickup window which reduces idling. ATMs have relatively high throughput, Board of Adjustment April 12, 2023 Page 11 of 19 so they are not going to have as much idling. Staff finds that this criterion is met. Russo asked if there would be food at the coffee shop as well, or just coffee, as that might affect the idling time. Lehmann acknowledged that is a great question for the applicant. The fourth sub-criterion is that stacking spaces, driveways and drive-through windows minimize the potential for conflicts and that they're integrated in the streetscape. Again, in terms of the streetscape, access is from North Scott Boulevard across from North Dubuque Road through a shared parking area with a mix of uses. They tried to minimize those potential vehicular and pedestrian conflicts with the rezoning conditions such as no access from North Dodge Street and the condition for that right turn lane. With regards to pedestrian safety, there's the condition for a pedestrian island on the pedestrian crossing across North Scott Boulevard and then also staff recommended the condition to permanently delineate those pedestrian paths through the site as well. In terms of vehicular conflicts, the drive-through facilities are clearly separated from the parking areas which should help reduce some of those conflicts. Regarding the effects on surrounding streetscape, it's on the interior of a lot and surrounded by screening and buildings and that helps integrate it into the design so staff believes this criterion is met. The fifth sub-criterion is to comply with outdoor lighting standards. Lehmann stated these are reviewed at site plan review by staff so staff finds this criterion to be met since they have to meet the standards at site plan. The sixth sub-criterion was repealed in 2016. The final sub-criteria is that loud speakers or intercom systems must minimize disturbance to adjacent uses, especially residential uses. For the coffee shop, the order board is angled away from the adjacent right-of-way and also from where the proposed multifamily would be which shows some consideration for future uses. In terms of other residential uses, the order board is located relatively far away form them, more than 200 feet. The ATM is also oriented south which is away from the adjacent right-of-way so with that staff believes this criterion is met. Lehmann next reviewed the general standards for all special exceptions, found at 14-4B-3. First is that it will not endanger public health, safety, comfort or general welfare. He noted there are no waivers from the underlying zoning code that were requested as part of that OPD in the March 2023 rezoning. The project also incorporates a mix of uses on a vacant infill parcel at one of the City's main entryways, including a diversity of housing options and some additional commercial services for surrounding residents and travelers. In terms of traffic volumes, traffic will increase at the North Scott Boulevard intersection access, but the street has adequate capacity with improvements as required as conditions of the rezoning (which are discussed in more detail under the fifth standard, which is specifically related to traffic). Regarding on site circulation, there is adequate access within the site to accommodate anticipated users and again, there's the proposed signage and pavement markings which should help efficiently direct traffic. Pedestrian circulation is provided throughout the site and will be clearly demarcated for pedestrian safety. Lehmann noted there are trees that will be removed as part of other improvements to the site but those must be replaced. And finally, with regards to the sensitive features on the site, which are the steep slopes, they will be protected in compliance with the sensitive areas development plan approved during the rezoning as a level two sensitive areas review (which means that the Planning and Zoning Commission approved the plan rather than staff). Based on these findings, staff believes this criterion is met. Board of Adjustment April 12, 2023 Page 12 of 19 The second general criterion is related to effects on surrounding property and not causing substantial negative impacts. Lehmann reiterated the drive-throughs are adequately set back and screened according to the standards and in this case more than the minimum required. Vehicular access is exclusively from North Scott Boulevard, which has adequate capacity, exterior lights must meet relevant standards within the zone to prevent light trespass and glare on neighboring properties so staff doesn't believe that it's going to affect the use, enjoyment or values of nearby properties based on other uses that could be developed within the zone. The third criterion is related to normal and orderly development and improvement of surrounding properties. Again, most surrounding properties are developed, this lot is vacant and there are adequate setbacks and adequate buffers. The proposed drive-through facilities are on the interior of the lot which minimizes its impacts on surrounding properties. Again, there is adequate traffic capacity on North Scott Boulevard so based on these findings staff doesn’t anticipate any impacts on future redevelopment or improvement of adjacent properties. The fourth criterion is related to access, adequate utilities, access roads, drainage and/or necessary facilities. The property is an infill parcel surrounded by existing uses. There are adequate facilities provided, sanitary sewer and water can service the property and have sufficient capacity for the proposed use. Stormwater detention is proposed in outlot A. North Scott Boulevard has adequate capacity for traffic, the site has adequate space for vehicular circulation and parking. There are adequate pedestrian facilities, again with the conditions recommended by staff help improve safety and all will be reviewed by staff at the time of final plat and site plan review, so staff believes that this criterion is met. Fifth is that adequate measures have been taken to provide ingress or egress designed to minimize traffic congestion on public streets. Lehmann stated as part of the rezoning a traffic impact study was submitted which found that the proposed development would provide acceptable levels of service during peak hours, those levels are B and C on a range from A to F. Lehmann explained a grade at B, C or D is considered acceptable, it means that it might be busy, but one can still travel at adequate speeds generally. The traffic study also found that the existing signal light at North Dodge Street and North Scott Boulevard would continue to operate acceptably with the development as proposed and the OPD plan showed these drive throughs, so the drive throughs were considered as part of that use and knowing a lot of the use for the drive-throughs would be existing traffic on the streets that would divert to the use to grab coffee or money and then divert back on, so it's less new traffic and the existing traffic will be the primary users. Lehmann did note however that the traffic impact study recommended installing a southeast-bound right-turn lane on North Scott Boulevard and a pedestrian facility with a refuge island across North Scott Boulevard and those were both incorporated as conditions of the rezoning. The traffic impact study ultimately determined that the proposed development, with recommended improvements, would not increase traffic to the point of overburdening the existing street system and staff concurred with those findings. Lehmann added that staff consulted with the fire department as part of the rezoning and the fire department had no concerns with the traffic that would be part of the proposed use. The fire station’s primary access point is on North Dubuque Road. The traffic study also contemplated access points and noted that this access point where there would be three lanes (one right turn lane, one straight lane and one left turn lane) was optimally located, spaced and sized. In terms of traffic within the actual use, the commercial lots would be accessed through that parking area that is behind the principal buildings. Again, there's adequate overflow space from the drive-through uses that are proposed within that parking area so that shouldn't affect congestion on the public streets. And Board of Adjustment April 12, 2023 Page 13 of 19 then there's also signage and pavement markings to effectively direct traffic as well. Baker wonders about this particular access point because he drives on Scott Boulevard every day. He asked when they talk about the traffic impact study, does that include actual traffic counts during peak hours. Lehmann replied yes. Baker noted they are also assuming that this development is not going to generate new traffic as much as it's just going to be for the existing traffic. Lehmann agreed. Baker noted a concern at peak hours is nobody obeys the speed limit on Scott Boulevard, especially coming off of Dodge and there is a curve there off of Dodge going towards this location. He noted there will be that right turn lane that is going to be created but he is concerned about the exit left turn lane because at peak times it is going to jam up, so it will be a very difficult left turn out of that access at peak times, it just seems like an inadequate traffic arrangement but that is not the purview of this Board and they really can't predicate a decision on this application based upon concerns on that access. Lehmann stated if the concern is that the drive-through will create the issue, not the development without the drive-throughs, then that can be discussed. Baker stated he doesn’t think the left turn lane here is adequate. Lehmann stated the OPD plan was approved and removing the drive-through lanes from the OPD plan may be considered a substantive change, but presumably the development could occur as proposed without the drive-throughs. Lehmann stated if the Board believes the drive-throughs add no additional traffic then the drive- through is not an issue. Baker stated his concern is with the in and out of the intersection there. Lehmann stated what staff is looking at for a special exception is really traffic congestion on public streets and generally not looking as much at congestion within the site unless there are potentials for a drive-through to spill out into the street. Baker reiterated that his concern is the hazard factor during peak hours coming around the curve, even if there's a right turn lane, traffic going around that will cause a partial blocking of traffic as noted from his experience on that street. He believes they are increasing the potential for some sort of accident at that intersection based upon that left turn there. That being said, he can't use that as a reason to vote against this because quite honestly the drive-throughs are not the issue for him. Baker asked was there any consideration given to a right turn only in that intersection, like they did at the Brugger’s Bakery over on Riverside, restricting the exit to be right turn only onto Benton Street. Lehmann cannot speak to that as he was not involved in the rezoning. Lehmann moved onto the sixth general standard which states that the special exception conforms to all other applicable standards. So, in this case the minimum parking requirements are definitely met and are based on the spaces that are shown on full build out of the site, which would include 10 spaces on lot one for the coffee shop and 31 spaces on lot two for the proposed mixed-use building. He reiterated again, at this time there are no plans for that mixed- use building so the site would be over parked for a while. The site plan also includes an area for bicycle parking, and it protects steep slopes in compliance with the sensitive areas development plan. Staff will meet with the applicant and ensure that the proposed development conforms with applicable zoning standards during the subsequent site plan and building permit reviews. There would also be the construction drawings reviewed at that final plat. Therefore, based on that staff believes that this criterion is met. Finally, the proposed plan must be consistent with the Comprehensive Plan, which is IC 2030 and it designates the subject property as public/private open space on the Future Land Use Map, primarily because there are regulated slopes on the site. However, it also notes that the Board of Adjustment April 12, 2023 Page 14 of 19 neighborhood design principles should be considered when interpreting the land use map and that includes alternatives at major intersections especially collectors and arterials. Considering things like neighborhood commercial or multifamily there are also numerous goals supported by the project, including the provision of quality, compatible infill, diversity of housing types, neighborhood commercial areas within a walking distance of other homes. In terms of the Northeast District Plan, it doesn't really contemplate the subject property but because the rezoning was recent, Council did find that the project was consistent at the time of rezoning in terms of the zones that were proposed, and they approved it with the OPD/CC-2 with this concept in March 2023. They also approve the sensitive areas development plan with regards to impacts the critical slopes with addresses the Comprehensive Plan’s desire to protect sensitive features. Based on that review staff does believe that this criterion is met. Lehmann also noted that staff got one piece of correspondence that was received after the agenda packet was distributed so he handed that out to the Board today and forwarded it to the Board prior to the meeting. It is from Doug Vladek, who lives north of the proposed area, and he was concerned with traffic congestion, especially as the traffic intersects with the fire station. Staff recommends approval of EXC23- 0003 that allows a drive- through facility accessory to a coffee shop and a drive- through facility accessory to an Automated Teller Machine in a Community Commercial (CC-2) zone for the property located south of North Dodge Street and west of North Scott Boulevard, subject to the condition that pedestrian routes shall be permanently demarcated using integral dyed concrete, alternative paving materials, or other permanent methods with designs as approved by the City Engineer prior to site plan approval. Carlson asked what would typically occur if the trees went down and they no longer met the screening standards. Lehmann stated if there was a complaint, they would be required to meet the standards, but it would be on a complaint basis. He added if that's a concern, the Board can request a conservation easement as part of the final plat. Carlson asked with the conservation easement than those trees will always remain there. Lehmann replied typically what would happen is as part of the subdividers agreement it would state the trees need to remain in perpetuity. There are cases where in conservation easements trees get cut down and in those cases, staff would require replanting, etc. A conservation easement would provide legal protections and be incorporated in the plat. Russo noted on the back of those lots there is a pretty significant slope, so when they say protect critical slopes is it the entirety or is it just sections of that sloped area. Lehmann explained it would be based on the sensitive areas development plan that was approved through the rezoning. In terms of what defines critical slopes, there's a specific code meaning to where the slope is above a certain grade and with those slopes they are protected, if there are any changes it has to go through a planning and zoning review, instead of a staff review. He noted there are some critical slopes that are impacted but he is not sure offhand how much. Some fill would occur and there would be a retaining wall behind. Russo asked if it weren't for the drive-throughs would there be any difference at all in the location of the curb cut. Lehmann confirmed the curb cut would likely occur there anyway, primarily because it's directly across from North Dubuque Street so there is already an intersection. The case where they might see something different is if a larger use had been proposed and that would have affected the traffic study because it would impact the amount of vehicles. In this case, there's an OPD plan that basically limits the owner to substantial Board of Adjustment April 12, 2023 Page 15 of 19 compliance with that OPD plan and limits the size of the uses. There can be different uses to occupy the space, but the size and the layout of the lot should be roughly similar regardless of what would occur there. Any substantial changes, like a reconfiguration of the area for example, would trigger substantial compliance and require a completely new rezoning and at that time staff would be able to request another traffic impact analysis. Baker asked if the traffic study is based upon anticipated maximum use. Lehmann replied it is based on the OPD plan, which would be the coffee shop, the multifamily building with the ground floor commercial. Swygard had a question about the pedestrian access and the interior of the site plan and between the ATM and the parking is there screening there. Lehmann confirmed there is screening there to the S3 standard. Swygard noted regarding the traffic flow, is there a sidewalk to the east of the screening. Lehmann will defer to the engineer but he believes it's within public right-of-way and the interior pedestrian route would be on the private property and that is what staff is recommending be demarcated permanently. Swygard noted people would have to cross the ATM lane to get from the sidewalk to the parking lot. Lehmann confirmed that was correct and again is why staff is recommending the pavement be demarcated. There will be three areas that are demarcated as pedestrian routes into the parking area. Swygard asked how many handicap spaces are required for this type of parking lot. Lehmann said it would depend on the number of spaces and he did not know that offhand but that would typically be reviewed at site plan review. The number and the location of those would be reviewed and need to comply with the ADA standards for handicap parking spaces. Swygard noted from the preliminary plat drawings it looks like anyone that would be using the handicap spaces would eventually have to cross two lanes of traffic to get to the future building. Lehmann noted as currently proposed that is correct. Swygard asked who is responsible for the placement of crossings. Lehmann said it's based on the site development standards for the CC-2 zone and there's a standard that there be pedestrian walkways between buildings and between parking. If the Board believes something specific is needed in order to promote pedestrian safety that extends further south, that's something that could be a condition. As of right now, staff has interpreted this to meet the site development standards as currently proposed because it leads to the parking area and between the buildings. Russo asked about the sidewalk along Scott Boulevard and is it also a bike path. Lehmann noted it is an extra wide sidewalk and they would have to reconstruct it to those standards. Swygard asked if the sidewalk area would be demarcated permanently. Lehmann replied it would not, it would be more similar to a public sidewalk where it would cross a street normally. Swygard asked about the hours of operation of the coffee shop. Lehmann was not sure but that's a great question for the applicant. She asked if there is indoor seating in this coffee shop. Lehmann believes there is yes, as well as an outdoor patio. Russo asked what the size of the building is. Tthe applicant noted it was 1600 square feet. Russo noted they don’t needed pay attention to the structure of the buildings because it is just the drive-throughs that they're dealing with, so their focus is limited. Lehmann added however the Board could find a structure size could have an impact on the amount of users coming through the drive-throughs. Board of Adjustment April 12, 2023 Page 16 of 19 Russo asked about future use if the owner sells or there is a change. If it is regulated by existing zoning, could it become a bar. Lehmann believes within the CC-2 zone it could become a bar. Carlson asked if it could become a bar with a drive-through. Lehmann said some uses allowed in this zone include indoor commercial recreation, drinking establishments (provisionally but the provisional uses are primarily related to stuff near downtown), eating and drinking establishments, offices, quick vehicle servicing use (like a gas station which would require might require a special exception or have additional standards), alcohol sales oriented retail would be allowed, hospitality oriented retail, delayed deposit service could be allowed provisionally (the provisional uses are related to spacing standards between that and surrounding uses) but for most the parking requirements wouldn't change. Parking requirements are most restrictive for eating and drinking establishments. Regarding the drive-throughs, they might see changes as to what the uses are and if it turned into a bank with a drive-through there would probably be less use than for a coffee shop. If it turned into a Taco John’s or whatever, it might be used more or the same, it could vary based on the specific use. The size of the parking lot being built currently doesn't have any impact on the drive-throughs. Swygard asked what happens with all of that parking space if the future mixed-use building doesn't develop. Lehmann replied that would depend on if it counted as a substantive change from the OPD plan. Right now the OPD plan shows a multifamily building with apartments above, if that doesn't get built and something else gets built, it might require a new rezoning. Mark Holtkamp (Scooters Coffee) stated the mantra for Scooters Coffee is amazing drinks amazingly fast. To answer the question about food, that's the same mantra for food too. They do have breakfast sandwiches, burritos, cinnamon rolls, all kinds of different food options, and all kinds of different drinks but it's not a type of coffee shop where one is going to sit in line for a long time, they’re very fast. To answer the question on hours of operation, they are open from 5:30 in the morning until 8:00 at night during the week and on weekends from 6:00 in the morning until 8:00 at night. Russo asked if they have another business in town. Holtkamp confirmed there are other Scooter Coffee in the area and some others out of town. He stated they just opened this exact same building on the Coralville Strip two months ago, it's an all-glass building coffee house and one can go inside and sit down, it’s a very beautiful building. As far as worst backup, they usually have a five-car stack and maybe get another five behind that at the worst times but it's fast and it'll never get anywhere close to getting back out to the road or anything like that. That may happen with other franchisees for different coffee shops but at their shop it’s not going to take 10 minutes to get a coffee. Brian Boelk (Axiom Consultants) is the engineer on this project. To answer a couple concerns, in regard to the existing tree line along the west side, most of that is already protected because of protected slopes and woodlands so that screening will remain. Regarding the sensitive areas, they did go through the sensitive areas plan and that analysis included steep slopes, critical slopes, and protected slopes, there are a certain percentage of steep and critical slopes they can touch, but they cannot touch protected slopes, which they are not doing and some of that tree line to the west is within that protected slope area so it is protecting those trees as well. Regarding the concerns with traffic which has been discussed, it is not pertaining to the drive- throughs that this exception is addressing but a complete traffic study was done, and it included all new traffic counts. From that study came the right turn lane, which will be constructed as part of this project. So going south on North Scott Boulevard off Dodge Street, currently, there is a Board of Adjustment April 12, 2023 Page 17 of 19 left turn lane for North Dubuque Road, a through lane that goes through Scott Boulevard and the new right turn lane would then be west of that within the public right-of-way. It does push that street width out in terms of street, because it's going to be additional pavement and does necessitate pushing the sidewalk a bit outside that right-of-way which is why there is a public access easement to cover that sidewalk. That right turn lane then ends there and then does not go any further to the south from there, it is just to access that development. Carlson asked how long the turn lane would be. Boelk replied it would end at the driveway for the development. Carlson asked if they could extend that right turn and Boelk replied there was nothing shown in the traffic study and from the City Traffic Engineer that would necessitate that. Carlson asked where the parking spaces for the development are. Boelk noted there are 10 parking spaces on lot one and those are the parking stalls that are critical to Scooters and per City code there would be a northern bank of parking with a drive aisle that has five stalls on each side there. With regards to the handicap stalls, they’re required to have one handicap stall to serve lot one and what would be the Scooters. For what would serve lot two and the mixed- use building in the future that certainly could change in terms of the location and to make sure there is the correct pedestrian connectivity to that mixed-use building during that final site plan. Swygard asked what the engineering rationale is for having that island in the lot between the two drive-throughs. Boelk stated it is created to get that turning movement and drive aisle space for that drive-through. The separation also provides a little bit more open/green space in terms of look and not too much paved area as well. Swygard asked approximately how far is the lot one parking that's used for the coffee shop from the coffee shop. Boelk replied it is roughly about 100 feet from the furthest south parking stall. Carlson closed the public hearing. Baker moved approval of EXC23-0003, to allow a drive- through facility accessory to a coffee shop and a drive- through facility accessory to an Automated Teller Machine in a Community Commercial (CC-2) zone for the property located at south of North Dodge Street and west of North Scott Boulevard, subject to the condition that pedestrian routes shall be permanently demarcated using integral dyed concrete, alternative paving materials, or other permanent methods with designs as approved by the City Engineer prior to site plan approval. Parker seconded the motion. Russo stated the decision is a little formidable because there's so many unknowns and he is trying to just make sure he knows ultimately what he is agreeing to, and that's his hesitation at this point. He noted their purview is limited and is just regarding the drive-throughs. Baker stated the only reservation about this application is the entrance and that is something that basically has been decided before it got here. He anticipates problems here but they are unrelated to the issue before them so he would support this as presented. Swygard also sees problems, mostly related to pedestrian movement from the parking to the coffee shop and the movement of the traffic through the drive-throughs with the pedestrians having to cross the lanes of traffic exiting the drive-through. If it is just having approximately five Board of Adjustment April 12, 2023 Page 18 of 19 people, maybe five additional at peak times, it's not a concern that would prevent her from approving this but she does think it's a concern that needs to be addressed by staff. Carlson noted she is also concerned about the exit, which has nothing to do with the drive- through situation, but she is concerned about what could happen there. Maybe down the road they can put in a stoplight or a roundabout and deal with that situation. Putting the aisle in the middle might possibly help slow the traffic down a little bit, they did put the island in on Muscatine Avenue and it has had an effect on the speed of traffic, but that doesn't have as much traffic as Scott Boulevard. She is also worried about some of the internal logistics of the traffic and the pedestrians, but they probably would not make her not vote for it. Russo stated regarding agenda item EXC23-0003 he does concur with the findings set forth in the staff report of meeting date, April 12, 2023 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report for the approval of this exception. Baker seconded the findings. A vote was taken and the motion passed 5-0. Carlson 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. CONSIDER THE MARCH 8, 2023 MINUTES: Baker moved to approve the minutes of March 8, 2023, with minor edits noted by Swygard. Russo seconded. A vote was taken and the motion carried 5-0. BOARD ANNOUNCEMENTS: Lehmann noted the Board will meet next week on April 19 at 5:15pm, since that will be at the same time as the Planning and Zoning Commission they will need to find another location, probably the public library or the Senior Center. At the May 10 meeting there will be a presentation by Council as well as an application to consider. ADJOURNMENT: Carlson moved to adjourn this meeting, Parker seconded, a vote was taken and all approved. Board of Adjustment April 12, 2023 Page 19 of 19 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023 NAME TERM EXP. 3/8 4/12 BAKER, LARRY 12/31/2027 X X PARKER, BRYCE 12/31/2024 X X SWYGARD, PAULA 12/31/2023 X X CARLSON, NANCY 12/31/2025 X X RUSSO, MARK 12/31/2026 X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member May 10, 2023 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 6 ON THE AGENDA April 19, 2023 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT SPECIAL MEETING IOWA CITY SENIOR CENTER, 28 S. LINN STREET APRIL 19, 2023 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Mark Russo, Paula Swygard MEMBERS ABSENT: Larry Baker, Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann, Grant Lientz [as independent legal counsel during the appeal], Danielle Sitzman OTHERS PRESENT: Gregg Geerdes, Bruce Ayati, Sharon DeGraw, Thomas Agran, Jim Throgmorton, Jake Vardaman, Dorothy Fowles CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Roll call of the Board was taken. APPEAL ITEM APL23-0002: An appeal submitted by David Moore to overturn a decision of the Building Official to extend a building permit for a single-family home at 319 North Van Buren Street: alleging that the proposed building does not meet setback and other requirements of City Code. Public hearing continued from April 12, 2023. Lehmann stated because it's an appeal, where it's a decision by the building official, he is only acting as the capacity of the secretary of the Board and the Board has Grant Lientz of North Liberty as an independent counsel tonight for the Board. Carlson stated the presentations would resume where they left off, which is that staff has made their initial presentation, and the appellant is in the middle of their presentation. Gregg Geerdes (105 Iowa Avenue) is the lawyer representing Mr. Moore and some other Northside residents in connection with this matter. His first point is what exactly in reality are they talking about, he provided the Board a handout last week of the plans for the proposed project. City code specifically states that you can’t have staircases that serve the front or main entrance of a home that protrudes into the required setback. The issue then becomes what is the main entrance to the house. The City says no, that’s not the main entrance, the main entrance is around the corner and is a door that enters into the south side of the residence from the alley. There's an old cliche that goes if it walks like a duck and quacks like a duck and flies like a duck it's a duck and the main entrance that looks like a main entrance and serves like a main entrance really is the main entrance, regardless of the label that the City staff has chosen to put on it. Why is that the main entrance, looking at the middle floor plan prepared by the applicant it shows when you enter that front door you see a room listed as a foyer. The other thing there is a nice coat closet for when you are coming home to hang clothing. Geerdes was Board of Adjustment April 19, 2023 Page 2 of 12 curious as to the definition of a foyer and according to Webster's Third New International Dictionary, a foyer is an entry with an entrance hallway or an entrance hall. To compare this front door with the side door that they proposed as the main entrance, that side door they claim is the main door enters into what they've called an office on their own plans. So is the main entrance to a building the one that enters into a foyer or is it the side door that opens into an office. Geerdes thinks the answer is clear that it goes into the foyer. This is a conclusion that is required by the definition of what the term main entrance means in the City code and as he recalls it is something to the effect that the primary entrance located on the exterior wall of the building used by residents of a dwelling unit to gain access. Such an entrance is typically located on a street facing wall. He agreed that makes all the common sense in the world because who is going to walk through the sidewalk approaching the conspicuous middle of the house along the street side and not say that is the main entrance. It was obviously intended to be the main entrance because they know that from the plan. They don't have a foyer when you enter from an outside door to an office. That of course is not the main entrance because who wants to have an office for business matters, have all your paperwork available for all to see when they enter through that door. What else is going on here, even if somehow that east door is a side entrance, and not the main entrance, that still doesn't mean they can build a staircase to serve it in front setback. The code of Iowa City limits all construction in the front setback except for certain listed delineated things and staircases are not on that list. Therefore, it is different, in the front setback, be it for the main door or a side door is prohibited. Geerdes also asked the Board to please consider the neighborhood, when you look at that neighborhood there is one thing that you will not see and that is a staircase, or anything else for that matter, built to the point where it approaches within two or three feet of the street. The City has given the Board a map of what the neighborhood is like, which is also one of his handouts, and the neighboring properties have setbacks of between 8’8” and 11’9” and he believes the City calculated that the average is between 9’ and 10’, 9’8” is what he recalls that is what they have listed as a required setback for this practice. Of course, they wish to violate that setback with this project and that's important for several reasons. One, it does not fit into the character of the neighborhood, which is what the residential conservation designation is, at least to some extent designed to do. Second, that creates serious safety issues. This house is next to the alley and that alley has vehicles coming in and going out or it's got kids on bicycles and things like that and there are going to be some slides shown which will reflect that visibility if there is a proximate 9’ intrusion into the setback will be blocked. Visibility will be blocked for the vehicles coming to the south from the north on Van Buren, it'll be blocked for users of the alley who need to enter the street and won't be able to see what is coming at them on Van Buren Street. Lastly, on the issue of the neighborhood, Geerdes stated don't they think that if it was permitted to have front setbacks that protrude within three feet of the street, that would be the way other properties in that neighborhood would be built. The reasons this one is so far out of character with everything else is because they are trying to do something not permitted by City code. Geerdes stated they have no desire to shut down building on the project, what they are opposed to is this building, a building so big is removes almost entirely the front setback. There is enough room on that lot to build a typically sized house or duplex, much like the other houses in that neighborhood are built so why are they allowing the character of the neighborhood, and the safety of the neighborhood residents to be threatened when it is not necessary for that to happen, what they're asking is that it be required to conform. Board of Adjustment April 19, 2023 Page 3 of 12 Bruce Ayati (821 North Linn Street) is a homeowner owner and landlord in the Northside Neighborhood. He noted it's clear if someone were to stand directly in front of his house, there's only one entrance they can see in the front as defined by the street side, so the only reasonable interpretation is that door is the main entrance. He thinks that's the main point. In the design for 319 North Van Buren, the de facto main entrance and the stairwell is a clear violation of code. One of the purposes of this code is to make walkability in the RNS-12 neighborhood. Walkability does not just mean that it is physically possible to walk somewhere, but that is both desirable and safe to do so. The stairwell in this design is imposing and makes it undesirable to walk by and reduces the sightlines of nearby automobiles, making it less safe. Sharon DeGraw (519 Brown Street) has lived in the north side for 20 years and has been following the development at 319 North Van Buren Street for a little over a year. When she understood how close the staircase is located to the sidewalk in the current design, out of disbelief and concern for safety she checked with Bob Miklo, who has worked as a city planner and has some zoning expertise, and he provided the analysis in the agenda packet and a follow up analysis dated April 8, which the Board should have also received. DeGraw noted there is a specific zoning code that covers the RNS-12, which prohibits second story staircases in the front setback area. The building permit appears to have been issued with a small but important oversight. Now that she has had some time to read the packet for this meeting, she senses that there is an attempt to give an alternative reading of the zoning code and hopes the Board will stick with the intended purpose of the setback code to disallowed second story staircase in the setbacks, there are no existing staircases of this kind in the front of Northside single family homes. This appeal talks about doorways as main or principal entrances and staircases. DeGraw pointed out that the subject is really about preserving front setbacks. What happens at 319 North Van Buren influences future development in the neighborhood. Reducing the front setback by 8’ or 10’ will lead some investment property owners on a path of deferred maintenance in regard to smaller housing units. 319 North Van Buren is outside of a conservation district, but it can change future infill along the street or in other neighborhoods, especially for lots next to alleyways. If the staircase is allowed, it will chip away at the purpose of stabilization in the RNS-12 neighborhood by taking out affordable housing stock and replacing it with new larger homes that have three car garages and are unaffordable for many single-family home buyers. Her earliest and continuing concern for the staircase is safety. It's too close to the alley and the sidewalk. It introduces too many stress points for drivers and pedestrians but especially for children who often don't understand that cars can go speeding out of alleys and no matter how careful a driver is when they can't see a pedestrian until the last minute it's very difficult to stop in time. The best resolution for this appeal would be to support Mr. Moore and ask that the front second story staircase be removed, then the building can be brought back into compliance and be a better fit for the neighborhood. After hearing everyone speak and deliberating as Board members she would ask that they lean to the side of causing the least harm for the residents who choose to live in this neighborhood for its charming qualities. There are mostly single-family homes, one or two stories in height with attractive streetscapes, which includes safe front yards for children to play in and space for trees, shrubs and gardens. Her husband, children and herself really love living in the north side and would like to see it continue being a comfortable, safe place to live with good infill development. DeGraw also provided pictures in her correspondence to the Board. Again noting the façade makes it look really clear to her that's a red door where the staircase leads up to and a door that's red in color signifies main entrance to her. She believes that the staircase starts maybe about 5’ from the sidewalk, that's pretty close, and a pedestrian could reach out and touch it. DeGraw showed an approximate view of what it would be if a driver was exiting the alley noting it wouldn't be easy if Board of Adjustment April 19, 2023 Page 4 of 12 you're driving, if they’re standing still they you might be able to get a look down there but a lot of college students go down that alleyway. During one of the previous appeals discussions Mr. Oliveira said that there are a lot of college students driving back and forth in that alleyway, so she has concerns. Next, she showed a south facing view noting a little kid riding a bike wouldn’t see if cars were about to exit the alleyway, and that also gives her concern. Thomas Agran (512 North Van Buren Street) stated he lives about a block north of this location. He is not against new builds in the neighborhood but this whole property has been reverse engineered into some kind of attempt at compliance. The design business is a balance sheet. During the City staff presentation last week it indicated to him a degree of subjectivity around the facade definitions and in light of that subjectivity he is really urging the Board to look at the code with objectivity. Why do they have these setbacks, his take is it's not just because zoning asks that they maintain sight alignment for aesthetic and community reasons related to views and the respect to the commons. But the setbacks also exist for safety reasons in neighborhoods like this. That alley runs along there and all of the backyards are paved over to create maximum occupancy private parking lots. Agran lives on an analogous alley, Van Buren Street, just a block north of this, and said they only need to spend one day in the northside watching these alleys to know that the generally overbuilt alleys of the north side, which are legally wide enough to handle two lanes of traffic, serve as a sort of quasi lawless set of secondary streets. The property as it's designed is at odds with the desired outcomes of the zoning code and is a hazard to pedestrians and it obstructs use of the sidewalks. Agran crossed this alley carrying his newborn daughter home from Mercy Hospital, his daughter will leave Horace Mann and walk to the library in a few years going by this alley. It is part of their neighborhood. He wishes that things could be built for the public good first, and then afterwards for whatever the person’s private needs are. But, in fact that is what the zoning code does, the zoning code is written as an intention for public good. It does not restrict private enterprise, or enterprise beyond that. If the City is looking at what the code sees as goals for the neighborhood as illuminated and as explained via the zoning code, then they will see this as a mistake for the neighborhood. Argan urges them that when there's a new property built in the neighborhood it be held to the highest standards of what the codes, goals and desired outcomes are for the neighborhood. He hopes this Board will see this is a mistake and ask the property owner to revise the plans to create something that's safer for the neighborhood, safer for kids in the northside, and ultimately a more thoughtful development. Jim Throgmorton (814 Ronalds Street) is speaking as chair of the Northside Neighborhood Association’s Steering Committee and they support new infill development that is consistent with the goals of the Comprehensive Plan, Central District Plan and the RNS district. With that in mind, they urge the Board to grant Mr. Moore's appeal concerning the building permit for 319 North Van Buren. They do so because of the design drawing approved by City staff as a part of the building permit violates section 14-2A-D, dimensional requirements of the zoning code. Subsection B1C states that minimum setback requirements are intended to “reflect the general building scale and placement of structures in the City's neighborhoods”. Subsection B4-D states “stairways that function as the principal means of access to dwelling units located above the ground or first floor of the building may not extend into any required setback”. The staircase providing access to the street facing second floor entrance of the proposed building projects 8’ into the required 10’ setback. In her April 7 memorandum Development Services Coordinator Danielle Sitzman claims “stairways are an allowed building feature which may extend into the required principle building setback areas” and “the stairway can extend without limit into the front setback area”. In letters to the Board and in oral presentations the supporters of Dave Board of Adjustment April 19, 2023 Page 5 of 12 Moore's appeal have presented detailed objections so there's no need for me to reiterate them tonight. Suffice it to say the Northside Neighborhood Association agrees with their rebuttal and thinks the Board should as well. On a personal note, Throgmorton stated he takes no pleasure in going against the recommendations from Danielle Sitzman, he has known her for a while and admires the quality of her work. However, in this instance, she's wrong. Section B4-D prohibits stairways within the setback. If the Board lets this building permit stand, precedent will be set for subsequent buildings to follow and will undermine the Northside Neighborhood and the intent of the RNS-12 zoning district. Therefore, they urge the Board to grant the appeal and revoke the permit. Throgmorton stated they would be eager to work with the owner to come up with a building that contributes to a healthy balance of affordable rental and owner-occupied housing without compromising the character of the Northside Neighborhood. Jake Vardaman (315 North Van Buren Street) stated he is the neighbor and the closest house to this and it's a safety issue for him because his wife and he are deathly afraid of that alley. Cars zoom by there and he doesn’t know why there's no stop signs on it because delivery trucks, college students, bicycles, motorcycles zip through there without stopping. His kids know to stop and look both ways, but they're five and seven and don't always and when it comes to an alley they don't notice that it's a car thruway, they just think it's sidewalk. Now usually when they come to a four-way intersection with stop signs, they're more cognizant of it. He and his wife constantly sit at the alley asking them to stop and look both ways. He is worried because cars don't stop and kids don't stop. He walks to Horace Mann with his kids every day, twice a day, sometimes four times or more a day and it's still an issue and it's still something that he and his wife are petrified, that they're going to get clipped by not stopping appropriately and looking both ways. Vardaman feels it's just as much about them not seeing the cars coming down that alleyway as the cars not seeing them when they cross back to come to the house. On a lesser note, there's nothing better than living in the Northside Neighborhood and he plans on living there and dying there. He has been in his house for 23 years and there's nothing better than sitting on the porch and waving to the neighbors that when they come by and looking down the street a little bit and right now he’s got a really nice view to the north. He can't wait for a house to get there as he doesn’t want to see a crowded parking lot there but it has nothing to do with his sights. That's a way lesser note then the safety issue of the cars zooming by but he though he probably better say something. Sitzman restated from last week’s reading of the code, as was presented by staff to the Board, staff walked through how they interpreted the structure of the code and how it should be read and the most relevant sections to the stairwell. Sitzman feels they accurately represented their position that the stairwell is a building feature that can project into that front yard setback area without limit as the way the code is currently structured. The limitations are itemized in each of the parallel sections to that. She noted the proper way to read the code would be that if the there is no limitation on stairways that applies in this situation, then there is no limit on the location of the stairway. Specifically, the section of the code that lists stairways explains in what context they may not extend and where and that specifically lists access to dwelling units above the ground floor/first floor, which staff represented was not the case in the design of this building. Therefore, the stairway had no limitation on it. Sitzman continued that the Board raised the question last week, and there has been some testimony this evening about main entrances, and what's a main entrance. Sitzman stated she looked at the code to find where main entrance is defined and in short, the term main entrance is defined in the zoning code and used in standards related to front setback area coverages, not Board of Adjustment April 19, 2023 Page 6 of 12 setback encroachment limits. Therefore, it's a different section of the code than what staff think applies here. The ground floor/first floor of the subject property meets the definition in the code of main entrance. Stairways are more specifically regulated as building features in the standards relating to minimum setback requirements, not setback area coverage limits where that term is used and the zoning code does not contain any more relevant design standards. There's been discussion tonight about foyer and other elements inside the building, the City doesn’t regulate the inside of people's homes and doesn't have standards for what kinds of rooms an entrance needs to open into. When staff looked at the floorplan, the area of the building accessed by the ground floor/main floor door is accessible to the rest of the building. Not every house has a foyer, she doesn’t have a foyer in her home, but it meets the minimum design standards that are relevant to single family homes. There are a lot of design standards in the code to regulate multifamily buildings, but not single-family buildings. Single-family homes are largely regulated by very basic standards, which is what they've been talking about tonight. Carlson noted then because the door is on the ground level it can be considered the main entrance. Sitzman explained stairways are only prohibited when they access floors above the main floor/ground floor so it was important to establish which floor of this building was the main floor/ ground floor and the zoning code would determine the first floor, the lowest floor of this building, to the be the main floor/first floor. Therefore, the stairway is not accessing the main floor/first floor, it's accessing a level above that. Carlson noted the City does not use the definition of what transpires in that area to describe whether it is a living area. Sitzman reiterated the definition of main entrance which isn't relevant to the stairway talks about the primary entrance used by residents to gain access to their dwelling units typically located in such ways. The main entrance is not a relevant term in this instance, so the stairway is not accessing the main floor/ground floor of the building in the current design of the home. Geerdes stated at the end of the day what they need to decide is what Section 4 of the City code means, he can give his interpretation, the City can give its interpretation, but it is the Board’s responsibility to make an interpretation of what that section means. It gives a list of building features permitted within required setback area and nowhere in that list is staircases. The first paragraph talks about certain awnings, enclosed porches, fire escapes, stoops and wheelchair ramps and then it says stairways that function as the principal means of access to dwelling units located above ground or first floor of a building may not be in the required setback. He reiterated they are dealing with an entrance that opens into a foyer that has a closet for the guests to put their coats in. The entrance that acts like a main entrance and serves like a main entrance, is the main entrance. Don't let the City ruin the neighborhood by stretching the code to a point well past it's breaking point. Tell the developer to build something that complies. Dave Moore (425 East Davenport Street) wanted to add that Dorothy Fowles, who owns the property at the other end of the alley, wanted him to point out that the stairs on the design drawings go to that level called the main level. Moore hopes the Board dug deep into the literature that was sent in by Bob Miklo and that's where they really get into the code, as well as what Mr. Geerdes said, so Moore just want to remind them that a full story staircase is not listed as a building feature that is permitted in the front setback anywhere. There are features that are listed as permitted, but it is not similar to these listed features. Section 14-2A-4B-4 states those are features that are listed and the staircase is not limited to any of those things. The code lists building features that are not allowed in the setback. The full story stairs is similar in design and scale to the prohibited features. In subsection 14-4C-2J also prohibits structures like decks and platforms from going into the front setback. These stairs clearly have decks on them and Board of Adjustment April 19, 2023 Page 7 of 12 platforms, whether they're uncovered or covered. The code says stoops to the ground on the first floor are allowed to intrude and this is the only indication of stairs being allowed to intrude into the setback area. Finally, as they have said, and especially within the writings of Bob Miklo who worked at the City for decades, it doesn't make a difference whether this is the main entrance or a secondary entrance, they're prohibited. Even if one did buy the building official Sitzman’s reading of the code language, the door that was added to the alley facing side of the building, after the permit was already issued, is hidden by a stairway and is not designed as a primary entrance. Regardless of what they call the principal means of access, there is nothing in the code that permits a full story staircase to the second floor to intrude. Moore stated he applied for this appeal but there were a lot of other people involved. But he applied because he thinks the building official made a mistake when issuing the permit at 319 North Van Buren Street back in February 2002, again in December 2022 when they added that doorway on the alley, and again when renewing it in January 2023 and the permit should be revoked. Dorothy Fowles (310 North Gilbert Street) is the owner of the property at the other end of the alley. She has a 150-year-old property and takes good care of it and likes the neighborhood and protecting that property. She noted the architect or builder defines the main level and that door is 3’6” which is the normal size of a main door. The door on the setback toward the alley is only 3’ wide. She has tried to figure out what the height of the landing is going up to that stairs and the best she could tell is about 7’. So to get to this so called principal door that comes off the alley and doesn't face Van Buren, they are going to have to go under this landing to get to it or come from the alley to get to it. She also noticed that on the floor plan drawings, at the bottom, it says 7’ front door and that 7’ front door is on the main level. The plan is calling that the front door. Fowles noted her background is such that she has taught at Iowa State for 30 years in design and in a lot of residential plan work with students. She also was on the Board of Adjustments many decades ago. Sitzman stated the question before the Board is not do I like the design, or do the neighbors like the design, when plans are submitted to staff for review, the question is not if the staff like the design, ultimately the question is the same question to you that staff faced, is do the plans violate the zoning code. The presumption is that the words in the code must have a meaning, their format, their construction, the way that they are laid out and how they are meant to be referenced together, is the most important aspect of this. City staff concluded that the plans do not violate the zoning code. Russo noted they are not experts in this, they are laymen and laywomen who have to find their way through this. From his reading, he doesn’t see staircases allowed. He sees verbiage about cornices, balconies, and similar items, but to make the jump to include staircases in that, it seems that this whole debate hinges on that sort of leap of faith. Sitzman stated staff’s argument would be that there's a clear format as to the construction of the zoning code section that's most relevant to that feature of the building. They would consider the stairway to be a building feature to be most directly regulated by the section that references minimum setback requirements for principal buildings. The subsection that talks about which building features are permitted within the required setback area where everything else is not allowed. This code already establishes in that flow of its reading that there's an area where you may not have your principal building except for these things and then it itemizes in A, B, C, D, and E, what those things are. The way each one of those A, B, C, D and E are worded is it identifies the feature and then it specifically says where and by how much they may or may not exceed. A lists awning, uncovered balconies, bay windows, belt courses, buttresses, canopies, chimneys, Board of Adjustment April 19, 2023 Page 8 of 12 cornices, sills and other similar features, and then explains to where and by how much they may not extend. B lists enclosed porches, covered decks, covered patios, and unenclosed and screened in porches, where and by how much they may or may not exceed the setback. C lists fire escapes and then explains where and by how much they may not be extended. Each one is a little bit different and they're not exactly symmetrical to each other, but they are hitting on the same thing, to list the feature and what may and may not happen to that. Clearly they have determined that the building feature that they're all discussing is a stairway, it's the closest identifiable thing, and in section D where it further explains in what context they may or may not extend where. So in that section about stairways it says what the context is and it’s context is the function of the stairway is as the principal means of access to dwelling units located above the ground floor or first floor of the building. So the context of the stairway matters, it has to be in that context, and if it's in that context, then it may not extend into any required setback. If it's not used in that context there's no more talk about it. It's simply listed, that context doesn't apply to stairwells, then there is no limit on it. That is how staff has interpreted it. Russo asked then from a layman's viewpoint, does it make sense to prohibit this stairway to a primary access but allow it if it's secondary, or essentially not necessary. Sitzman noted there is some nuance to that section in that it talks about dwelling units. In a single-family home, there is only one dwelling unit, so there are not multiple dwelling units in the structure at all. It's a standard located in the section about single-family homes, which is a pretty big mismatch for single-family homes, except that it's there in the code and it must have a meaning. So if they've listed stairways in things that are allowed to be in the required setback area, and the only time they're not allowed is when they're for units, and they're the principal means of access to those units above ground floor/first floor, that's a clear context and why staffs made that interpretation. Russo asked if there is a place they can point to that says stairways are allowed, or is there just a stated context and everything else is allowable. Sitzman reiterated not every one of these, A through E are written exactly the same, they don't all say, awnings are allowed, they say sometimes awnings and these other things are not allowed in this area and then they would be allowed in the other areas. Therefore, it's as much what it's not saying as what it is saying. Simply being here as a listed item must have meaning, stairways are in here for a reason and the only context it's prohibited in is when it's functioning in the context that's not the principal means of access to dwelling units above ground floor/first floor. Russo asked if it makes any sense to not allow them if it’s the principal means of access but do allow them if it’s not the principal means of access. Sitzman noted that interpretation is for the Board to determine. Russo is surprised that the zoning code is that subjective. Sitzmann replied zoning codes are a living documents, they are drafted and redrafted, certain sections are amended from time to time, and there's not one zoning code that is written the same everywhere in the country. Russo asked is this applied uniformly throughout Iowa City. Sitzman confirmed yes. Russo asked has this situation ever come up before, an appeal of a stairway in a front setback area. Sitzman replied not to her knowledge. Carlson closed the public hearing. Lientz noted he is the city attorney for North Liberty and here to help and give legal advice to the Board. He thought it'd be useful to acknowledge what the standard is for an appeal. What Board of Adjustment April 19, 2023 Page 9 of 12 they're hearing is that there's an appeal of the building official’s decision and tonight the Board will be able to affirm or reverse that decision. Once the Board begins to deliberate and have discussions about what you've heard, you'll have to have a motion saying I move that the Board should affirm the decision of the building official to grant a permit or to reverse that decision, those are the two options, affirm or reverse. The reason the options are affirm or reverse is that the granting of a building permit is a ministerial act and a ministerial act is one that is differentiated from a discretionary act. So if someone satisfies all of the requirements for a building permit, the City does not have any discretion in whether it issues a building permit or not. The question is was the law adhered to. Lientz acknowledged that the parties have done a nice job of pointing out and directing the Board through the code sections and made arguments as how they should interpret it. It is true that this is not a question of the character of the neighborhood, that is not something that enters into this particular decision. The only job here tonight is to say yes the permit satisfies the requirements of the code or it does not. The ultimate question before the Board is whether the decision was a correct interpretation of the code, and then you will choose to affirm or reverse based on your findings. Russo asked if they are talking about contexts and verbiage and absence of verbiage. Lientz stated it is true that when you're interpreting an ordinance or a statute, the appropriate way to interpret that is to try to give meaning to every word and phrase in the code. He suggested when they come to a decision and make a motion to say why you feel that this is the correct interpretation of the code. That's what you want to do tonight in order to have to fulfill your obligations to review the appeal. Russo asked if they can make a decision with conditions. Lientz replied no because the issuance of a building permit is a binary choice. Swygard looked at principal means of access because that, to her, is part of the reasoning on the part of the building official as to the placement of the stairwell. She also looked at the placement allowed per the zoning code and everybody agrees on where the front of the building is, at least. The building official designated the alley entrance on the ground floor, lower level on the south building facade as the principal means of access. She looked first at definitions and then at the history and design. The definitions that she looked at are all in Title 14 of the Iowa City's zoning code, chapter nine (14-9A-1) and she looked at the main entrance, which has already been covered. See looked at main façade and looked at primary street frontage. Main facade is the front facade of a primary building and they've already agreed on where the front is, that is on the east elevation. The primary street frontage is the frontage of a lot to which the address is assigned. The address for this property is assigned 319 on North Van Buren, so that's also on the east. A couple of words that she looked at that were not in Title 14 definitions were principal and main. She did look at foyer because she looked at the design of the building and also looked at the history. The building plans dated January 5, 2022 showed the entrance at the front of the house on the east facade, which faces North Van Buren Street. This entrance is on the main level, which is the second story and was accessed by a stairway and the front entrance was into a foyer. The south facing entrance on those building plans was labeled lower level/ground floor and show a 9’x11.5’ room on the lower level labeled as bedroom. Therefore, the principal means of access to the home at that time is along the east elevation, along the primary street frontage, which would be accessed by stairway. The revised or most current building plans that are dated March 2, 2023, now show access to the home on the lower level/first floor south elevation from the alley. That opens into the area previously labeled bedroom which is now labeled office. The front facing east facade entry is still there with the Board of Adjustment April 19, 2023 Page 10 of 12 foyer and access by the stairway. She established those concepts as to the change in building plans and the addition of a door that's now being called the primary access. She looked at the context in the neighborhood and drove through the neighborhood and down the alley. She also Googled all of the properties and they all do conform to the front setback. So, after looking at definitions, the history of the building design, and the design of the neighborhood she concluded that the second story entrance on the east facade is the principal primary main means of access and not the south façade on the lower level/ground floor facing the alley. Although the door on the south elevation, the alley entrance, may be used as an entry function for convenience as the principal means of access, she doesn’t think it meets the criteria outlined in the zoning code. Regarding the building features, Swygard looked at the code and many of those same building features have been brought up and they've heard about them. What's allowed are awnings, balconies, bay windows, what she would describe as smaller features of a building. What is not permitted are porches, covered decks, covered patios, so that leaves the question of stairway. There's nothing in the code specifically about stairways and that's the main question. She goes back to the code as principal means of access to dwelling units located above the ground or first floor may not extend into the required setback. Carlson stated reading the zoning code itself, it seems simple, but when she started listening to what Sitzman had said, and then what Mr. Moore had said, Mr. Moore has his story and Sitzman has her story and they both have a bias. But the drawings do not have a bias, they are just there. So looking at the drawings, the drawings are telling her the main entrance is on the second floor, on the first plans the main entrance was obviously on the second floor, there was no entrance on the south east corner on the ground floor. There was an entrance in the back to the garage, and then from the garage to the house, but there was no entrance there. When they decided that would not be approved, that a door was put in. That door on the second floor has always stayed the same except for one change. In the first plan, there was a sidelight by that door. That door is 3’6”x7’ and noted on every single one of the drawings that it was to be red, and she reads that as this is an important door to this structure. When they put the door downstairs, it was not a red door, it was a door of the same color as the door that goes into the garage in the back of the building. What does that say about that door, it's a door to the structure, but it is not a main door and does not in any way, shape or form stand out as the principal entrance to that unit. Additionally, Carlson noted in the first plan, which was not approved, the area downstairs was a bedroom. Off the bedroom, there was a full bath and a door from that room to the stairway which closes that off from the rest of the building. As an office, it can be rented out, although it's in a residential area, and that says hey, this may be part of the building, but this is not a major part of the building that everyone is involved in. Looking at the second floor, Sitzman was concerned about the word foyer, but when you go into that door, it is an open space, you see most of the second floor and over to the right there is a closet where people can hang coats, usually when there is an important entrance, there is a place where people can hang coats. There is also a half bath with a stool and a sink and that is one of the things that is usually included with a principal door. Sitzman said they deal only with the outside of the building, but the inside of the building, to some extent, is a good mirror of what is going on outside. The other thing is on the first floor, there is a door that closes that area off to the steps. On the second floor, there are no doors that close off steps going upstairs or going downstairs, it is all open. To her that is the primary living area and the red door is the major door. Therefore, they should not allow a staircase from that door down to the first floor because it is the principal door. Board of Adjustment April 19, 2023 Page 11 of 12 Russo looked at his notes and one note he thinks is pertinent here is that it just doesn't make any sense to disallow a stairway that leads from the ground floor to a primary entrance from intruding into the setback area but if it's a superfluous or secondary or serendipitous stairway, then it's allowed. It may not be this Board’s purview, but it goes to bigger questions. Honestly, from his perspective it doesn't revolve around which is primary and which is not, it is the fact that they are allowing an incidental structure, but prohibiting an integral structure and one would think it would be the other way around. He has all due respect for City staff and has worked with them extensively and this is a tough case. He hates to see the zoning code revolve around issues of context and what may be called nitpicking, but in this instance he just can't go along with the City in this matter. Regarding APL23-0002 Swygard moved to reverse the decision of the building official for a building permit that allows the construction of a stairway in the front setback of a single-family home at 319 North Van Buren Street. Russo seconded the motion. Carlson reiterated to look at the drawings, the drawings are not biased one way or another, and the drawings tell her that the door on the second floor is the principal door. And because the code says that stairways that function as a principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback, then she cannot accept it. If they are making the door on the southeast corner on the ground level the principal door, then why bother to have the door on the second floor, which is only a few feet away and up eight feet. That becomes an added attraction and most developers don't want to spend any more money than they have to, this would be an added cost for him to leave it there. Why leave it there unless it is the main entrance. Russo agrees what it does is it renders this stairway superfluous and unnecessary if the main entrance is downstairs. A vote was taken and the motion passed 3-0. Carlson stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk’s Office. BOARD ANNOUNCEMENTS: Lehmann noted the Board will meet next on May 10 where there will be a presentation by Council on the Strategic Plan as well as an application to consider. He also noted they want to revisit the bylaws at either the May or June meeting. ADJOURNMENT: Carlson moved to adjourn this meeting, seconded, a vote was taken and all approved. Board of Adjustment April 19, 2023 Page 12 of 12 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023 NAME TERM EXP. 3/8 4/12 4/19 BAKER, LARRY 12/31/2027 X X O/E PARKER, BRYCE 12/31/2024 X X O/E SWYGARD, PAULA 12/31/2023 X X X CARLSON, NANCY 12/31/2025 X X X RUSSO, MARK 12/31/2026 X X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member