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HomeMy WebLinkAbout10-10-2024 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT Thursday, October 10, 2024 — 5:15 PM City Hall, 410 East Washington Street Helling Conference Room Agenda: 1. Call to Order �#:ns IK 711 3. Special Exception Item a. EXC24-0001: A request submitted by Adelaide Subtil and Thomas Heineman to extend the six (6) month expiration time limitation for an application to reduce the minimum on -site parking requirements in a Central Business Service Zone (CB-2) to accommodate the reuse of the vacant building at 215 N Linn Street. 4. Board of Adjustment Information 5. Adjournment If you need disability -related accommodations in order to participate in this meeting, please contact Parker Walsh, Urban Planning at 319-356-5238 or at pwalsh@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: November 13 / December 11 / January 8 Informal: Scheduled as needed. IOWA CITY BOARD OF ADJUSTMENT DATE: ) 0 f / 0 I 2 HELLING CONFERENCE ROO Sign -in sheet PRINT your name and address CLEARLY. This information is part of the Public Record —it is used by our minute taker to identify those who speak before the board. Naas Address Ott 5 _.. . R �� October 10, 2024 Board of Adjustment Meeting EXC24-0001 ITEM 313 ON THE AGENDA Request to Extend Application Expiration Time Limitation Submitted by the Applicant From: Thomas Heineman To: Parker Walsh Cc: Adelaide Subtil: James Davies; Soeme Dmta subject: Re: E%C24-0001215 N Linn St Date: Tuesday, Gdoter 8, 2024 1:58:17 PM Attachments: maae001 on maoe0@.on maae003 ono aoe004.ono maae005 ono anam,006.pno RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hi Parker, Per our phone conversation earlier, we would like to seek an extension of the special exception. We have had unforeseen delays in the structural aspects of the building that needed to be worked through from the architect and structural engineering side. These have been resolved and submitted our building plans to the city on Monday. It would be much appreciated if this could go in front of the city this week and can attend if necessary. Please let me know if you have any questions or concerns. Much appreciated, Thomas On Fri, Oct 4, 2024 at 6:39 PM Tbomas Heineman <thomace_heinemankgmail,SDm> wrote: Hi Parker, We are moving ahead - in fact it was likely filed today. I've cc'ed James Davies from Russell who filed it. Thanks! Best, Thomas On Oct 4, 2024, at 3:45 PM, Parker Walsh <PWalsh _ iowa-citv.org> wrote: Hi Thomas, Just checking in on the status of your project. As a reminder, special exceptions expire in 6 months if a building permit has not been issued. I don't see a permit on file and was wondering if you still have plans to move forward? If you do, we can work with you on getting your exception renewed. Thanks, Parker ®' OWA C I TY Parker Walsh Associate Planner A UNESCO CITY OF LITERATURE p:319-356-5238 WWWICGOVORG 410 E Washington St 0000 Iowa City, IA 52240 Iowa City Transit is now FARE i FARE FREE FREE' Learn more at I O W A CITY 7CGOKORGIFAREFREE Prepared by: Parker Walsh, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, March 13, 2024 EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker, Mark Russo MEMBERS ABSENT: Paula Swygard STAFF PRESENT: Sue Dulek, Parker Walsh �' - OTHERS PRESENT: Adelaide Subtil, Thomas Heineman ;- SPECIAL EXCEPTION ITEMS: w 1. EXC24-0001: A public hearing regarding a commercial reuse exception applicati6R submitted by Adelaide Subtil and Thomas Heineman requesting a reduction from the minimum on -site parking requirements in the Central Business Service Zone (CB-2) to reuse an existing vacant building at 215 N Linn Street. The Board concludes that the following specific approval criterion is met: The exception is necessary due to existing building or site constraints that make it difficult to meet that standard. This is based on the following findings: • The subject property was constructed in 1880 and established before current zoning standards. • The retail use can meet minimum parking requirements through the 5 credited spaces. However, the eating establishment would not be able to meet the standard. • The building was constructed to fit the entirety of the lot size, leaving no remaining development area to meet parking requirements. • The renovation is proposed to convert an existing vacant first floor into retail and the second floor into an eating establishment. If the vacant space is to be reutilized it will trigger current code compliance, which the site was not constructed to meet in 1880. The Board concludes that the following specific approval criterion is met: The exception will be compatible with and/or complementary to adjacent development in terms of building mass and scale, relative amount of open space, traffic circulation, general layout, and lighting. This is based on the following findings: 9 parking spaces would be required for the proposed eating establishment. If the on - site parking were to be reduced, the subject property and surrounding neighborhood Doc ID: 032244660005 Type: GEN Kind: DECISION Recorded: 03/21/2024 at 10:53:25 AM Fee Amt: $27.00 Page 1 of 5 Johnson County Iowa Kim Painter CountV Recorder BK6548 PG987-991 development would continue to be served by on street parking, public transit, a public parking lot, and several bike racks along N Linn St and E Market St. • Nearby off street public parking is located along E Market St and bus stops are located at the corners of E. Market St. and N Linn St., and two stops at adjacent corners of E. Market St., and N. Dubuque St. The Board concludes that the following specific approval criterion is met: The exception will not adversely affect views, noise, stormwater runoff, light and air, and privacy of neighboring properties any more than would a development that satisfies the applicable standard. This is based on the following findings: • The proposed project is primarily interior renovations, which will not alter the building mass or scale, affect existing views, stormwater runoff, light and air, or the privacy of neighboring properties any more than existing development in the area. • The site is currently fully built out and the reduction will not impact stormwater runoff. • The eating establishment will close by midnight as it is not considered a drinking establishment, which can be open until 2am- The Board concludes that the following specific approval criterion is met: The exception is not contrary to the intent of the standard. This is based on the following findings: • The intent of the minimum parking requirements is to ensure that enough off street parking is provided to accommodate most of the demand for parking generated by the range of uses that might locate at a site over time, particularly in areas where sufficient on street parking is not available. Staff finds that sufficient on street parking, public transportation, off street public parking, and bike parking is available to accommodate the increased parking demand to serve the eating establishment. The Board concludes that the following specific approval criterion is met: L The exception will be in the public interest. o This is based on the following findings: W cn • The exception would allow a vacant space to be renovated into an eating establishment that can serve not only the neighborhood, but the greater Iowa City area. Without a parking reduction the space would have to remain vacant. • The Comprehensive Plan neighborhood design principle, Neighborhood Commercial Areas, encourages off street parking and pedestrian oriented development that promotes walkability and fosters active neighborhood focal points. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The existing development will not be altered as all work will be interior renovations. • Without a parking reduction the building can only be used if the proposed use does not exceed 5 required parking spaces • Without a parking reduction, redevelopment of the site will be required to accommodate the required parking. The intent of this request and the purpose of the Commercial Reuse Exception is to maintain and reuse existing commercial spaces. • Access to surrounding properties will not be affected. The Board concludes that 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 based on the following findings: The proposed renovations and parking reduction will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. Additional traffic is likely to be generated by the proposed uses as they will utilize a vacant commercial building. However, the existing on street parking, bus routes, bike racks, and public parking lot in the area will help meet parking demand and mitigate potential negative impacts. The proposed renovations would reinvest in an underutilized and vacant commercial space to serve the community. The Board concludes that 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 based on the following findings: • The surrounding neighborhood is already fully developed with a mix of commercial and residential uses. • The proposed uses will occupy an existing structure that has been in the neighborhood since 1880 and will provide beneficial services that will not substantially impact the development or improvement of surrounding property. The Board concludes that adequate utilities, access roads, drainage and/or_nece&kary facilities have been or are being provided based on the following findings:,-,, _ -, o • The subject property is already developed, and all utilities access roads, d4nago ¢hd necessary facilities are established for this neighborhood. • Pedestrian access is provided by sidewalks along N Linn St. , w cn The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The existing development has been in place since 1880 and takes up the entirety of the lot. The property does not have vehicular ingress or egress, nor is one being proposed. No impacts to vehicular traffic congestion are proposed as part of this exception. • No changes are being proposed to the existing sidewalk or street. • No additional parking is proposed that would impact traffic flow for surrounding developments. The Board concludes that 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 based on the following findings: • The subject property meets most standards of the CB-2 zone. Again, this property was developed in 1880 prior to current zoning regulations. Portions of the development that do not meet current code would be considered legal nonconforming. • No structural alterations are proposed, and all work is interior renovations. Elements that do not meet current standards may continue as legal non -conformities because a change of use is allowed by Article 14-4E 'Nonconforming Situations' of the City Code where no structural alterations are being proposed. Existing legal nonconformities on the site include: o Doorways adjacent to a right of way must be set back so that doors do not swing into a right of way. Similarly, stairways and ramps must not be located in a right of way. o To encourage commercial activity at the street level, entrances to storefronts must be at grade and the ground level floor height should be no more than one foot (T) above the level of the abutting sidewalk or pedestrian plaza. (Entrance at 4') • Staff will ensure all new elements and any future changes cohiiply with relevant standards during building permit review. The Board concludes that the exception is consistent with the ComprehensivePla` R of the City, as amended, based on the following findings: _ • The Future Land Use Map of the Comprehensive Plan designated t#tis are�for Mixed Use. The Future Land Use Map of the Central District Plan designated this area for General Commercial; Office; Mixed Use. The property is currently vacant. However, the proposed land uses are consistent with the Comprehensive and District Plans and will not change because of the proposed commercial reuse exception. • The Comprehensive Plan's vision includes to "Preserve Historic Resources ... in Established Neighborhoods" (p.21) which is carried out through supporting reinvestment in existing neighborhoods. Although the property is not a locally or nationally recognized historic property, it was constructed in 1880 and contributes to the historic character of the Northside Marketplace. • The Central District Plan has goals to "Encourage development and redevelopment that will maintain the character and economic vitality of the Northside Marketplace" (P.58). • The Central District Plan includes a section on the Northside Marketplace, which is defined as the historic commercial neighborhood bounded by Bloomington and Jefferson Streets and North Gilbert and Dubuque Streets. The subject property is located in this area. Although this area is close to downtown, the plan notes that it maintains a distinct identity and scale. There is a strong desire to maintain the historic Mainstreet character (pg. 15, 16). Many community members also indicated that the historic character of the Northside Marketplace is one of its greatest assets (pg. 55, 56). A parking reduction will allow the reuse of this building and help to achieve the vision outlined in the plan to maintain the historic character of this commercial area. • The Central District Plan also emphasizes the goal to "Support the use of alternative modes of transportation" (p.59). The neighborhood is currently served by on street parking, public transportation, a public parking lot, and bike friendly transportation. DISPOSITON: By a vote of 4-0 (Swygard absent), the Board approved a reduction of the minimum on -site parking requirements from 14 to 0 for the existing building located at 215 N Linn Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. 17 ,Chair a so STATE OF IOWA JOHNSON COUNTY Approved by: 3-fS-d� City Attorney's Office I, Kellie K. Grace , City Clerk of the City of Iowa City, do hereby certify that the board fil' Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 131h day of March 2024 as the same appears of record in my Office. Dated at Iowa City, this / day of Iti1Ct. + 20 � `--� l C, Kellid K. Grace, City lerk