The URL can be used to link to this page

Home My WebLink About2022-03-09 BOA DecisionPrepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356- S/3o DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 9, 2022 EMMA J. HARVAT HALL, CITY HALL Doc ID: 031795480005 Kind: DECISION Recorded: 03/21/2022 Fee Amt: $27.00 Page Johnson County Iowa Kim Painter County Recorder at 08:50:09 AM BK6354 PG169-173 MEMBERS PRESENT: Gene Chrischilles, Bryce Parker, Amy Pretorius, Nancy Carlson MEMBERS ABSENT: Mark Russo STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Tom Mentz SPECIAL EXCEPTION ITEMS: rU 1. EXC22-0001: A public hearing regarding a special exception application submitted by Thomas Mentz requesting a reduction in the minimum rear building setback for a legal non- conforming single-family use in a High Density Multi -Family Residential (RM-44) zone to construct an addition and off-street parking at 603 S. Dodge Street. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject property is a legal non -conforming single-family use that was established before its current zoning of High Density Multi -Family Residential (RM-44). • This legal non -conforming single-family use may be expanded because the proposed addition would not increase or extend any other nonconforming situation on the property, nor would it increase occupancy beyond a family or group household. • The building is on a relatively small 75-foot by 60-foot corner lot, and the zone requires 20-foot front setbacks to the north and east, a 20-foot rear setback to the west, and a 10- foot side setback to the south. • An existing enclosed porch west of the house currently extends into the rear setback. • The property has a grandfathered occupancy of 5, which requires 4 off-street parking spaces per the zoning code. However, the property has only two existing parking spaces on an uncovered concrete pad that are about 3 feet from the rear lot line. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The house sits just over 23 feet from the rear property line to the west. • The existing enclosed porch already extends into the rear setback area. • The lot cannot accommodate additional off-street parking without at least a special exception, and other locations would likely require relocating the existing curb cut. • There is practical difficulty complying with the setback requirements if the amount of off- street parking is to be brought into compliance with the zoning code based on its grandfathered rental occupancy of 5. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations, based on the following findings: CC. : Lek ► AC.LV" tti\c- r X . • The purpose of setback regulations is to maintain light, air separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; 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 addition would be at least 3 feet from the rear lot line to the west, 20 feet from front lot line to the north, and 14 feet from the side lot line to the south. • The proposed addition would be approximately 9 feet from the building to the west. • Other older single-family homes in the neighborhood do not meet minimum setback requirements, which suggests a setback reduction is consistent with the general scale and placement of structures in the area. • Windows do not face west which helps maintain privacy for that property. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • Because the structure would be 3 feet from the property line, the building code would require a 1-hour rated fire wall to the west to reduce fire risk. • A 20-foot driveway would require modified site development standards, as discussed below, but it is adequate to provide compliant parking spaces. • The open space would require modified dimension standards, as discussed below, but the total amount of open space would be consistent with City standards. • Windows do not face west which helps maintain privacy for that property. • Parking on surrounding streets should improve with additional off-street spaces. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line based on the finding that the proposed addition will be slightly more than 3 feet from the rear lot line. 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 _g findings: • The subject property will remain a single-family detached use. • The property has 3 bedrooms and two bathrooms, though its rental occupancy htas been grandfathered at 5 residents. As such, the subject property does not comply wit1F the number of off-street parking spaces required by the zoning code. • The proposed addition includes almost 500 new square feet of living space with 2 new bedrooms and a new full bathroom. Rental occupancy would not change. • The proposed project would expand the existing curb cut but would retain access in a similar place, would not affect access for surrounding properties, and would comply with the City's access management standards. • Additional off-street parking spaces would bring the property into compliance with the City's parking standards and would improve parking for the site and surrounding streets. • The proposed addition would not interfere with visibility at the intersection of Bowery Street and S. Dodge Street. 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: • Abutting properties are owned by the applicant. • The proposed addition remains far enough from the property line to avoid impacting the ability of neighbors to utilize and enjoy their properties. • The applicant is proposing to re -side the house and re -shingle the roof, which will ensure a cohesive look between the addition and existing structure. 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 area is a fully developed residential neighborhood. • The proposed addition would meet side and front setback requirements. • The proposed addition would retain a 3-foot setback from the west property line and would be approximately 9 feet from the building to the west. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities access roads, drainage and necessary facilities are established for this neighborhood. • Pedestrian access is provided from the front door to adjacent sidewalks which run along Bowery Street to the north and S. Dodge Street to the east. • Compliance with other City standards will be confirmed during building permit review. 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: • No changes are being proposed to the existing sidewalk. • The proposed project includes expanding driveway access on Bowery Street, which requires an access permit to ensure compliance with access management standards. • New pavement would improve access for cars entering and exiting the property. • Two additional off-street parking spaces would reduce parking on nearby streets and improve traffic flow nearby. • Anticipated traffic would be similar to other single-family uses in Iowa City. 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: • While single-family detached uses are not allowed in the RM-44 zone, this legal, nonconforming single-family use may be expanded because the proposed addition does not increase or extend any other nonconforming situation on the property provided two - required minor modifications are attained, and it would not increase the occupancy beyond that of a family or group household. • Lots with detached single-family uses require at least 500 square feet of usable open space in the rear yard with no dimension less than 20 feet. The proposed addition would not allow open space to be 20 feet wide but would allow 500 square feet of open space. To ensure the addition does not lead to a nonconforming situation, the open space dimension standard requires a minor modification pursuant to 14-2B-4E-4. • Garages and carports must be located to provide a 25-foot driveway from the garage entrance to the right of way line. The proposed driveway length is 20 feet. To ensure the addition does not lead to a nonconforming situation, the driveway length requires a minor modification pursuant to 14-2A-6C-4. • The lot size of the subject property is less than the 5,000 square feet minimum lot size but is a legal nonconforming lot because it contains a single-family use. • The proposed addition will not cause the building to exceed the 50% maximum lot coverage or 35-foot maximum height, and it will comply with other minimum setbacks. • Additional parking spaces will bring the property's off-street parking into compliance with the zoning code based on its current rental occupancy. • The proposed project includes expanding driveway access on Bowery Street, which requires an access permit to ensure compliance with access management standards. Changes to the access may be required as part of this process. • Staff will confirm compliance with applicable standards during building permit review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Comprehensive Plan Future Land Use Map designates this area for Residential (25+ Dwelling Units Per Acre) and the Central District Plan Future Land Use Map designates this area for High Density Multi -Family Redevelopment. However, the current land use of this property will not change due to the proposed special exception. • The Central Planning District includes goals to encourage "reinvestment in residential properties throughout the district" and to "bring over -occupied properties into compliance with current zoning regulations". • Because the proposed project is an expansion of an existing single-family home that brings the property into compliance with off-street parking spaces, the proposed exception is consistent with the City's Comprehensive and District Plans. DISPOSITON: By a vote of 4-0, the Board approved a reduction of the rear setback requirement along the west property line from 20 feet to 3 feet for the property located at 603 South Dodge Street, subject to the following conditions: 1. Approval of a minor modification pursuant to 14-2B-4E-4 to reduce the minimum width of the required open space from 20 feet to 14 feet. 2. Approval of a minor modification pursuant to 14-2A-6C-4 to reduce the minimum length of the driveway to the property line from 25 feet to 20 feet. 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. Gene Chrisc es, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of 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 9th day of March, 2022 as the same appears of record in my Office. Dated at Iowa City, this ) �±k day of rY\-O (C , 20 ?-L r Kell a K. Fruehling, C. i Clerk ry 0