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HomeMy WebLinkAbout2022-04-13 BOA Decision11111111111111111111111111111111 i 0 IID UI II Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-3E DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 13, 2022 EMMA J. HARVAT HALL, CITY HALL Doc ID 031826420007 Type GEN Kind: DECISION Recorded: 04/26/2022 at 10:19:49 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6367 PG131-137 MEMBERS PRESENT: Gene Chrischilles, Amy Pretorius, Mark Russo, Nancy Carlson MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Michael Oliveira, Peter Speltz SPECIAL EXCEPTION ITEMS: 1. EXC22-0002: A public hearing regarding a special exception application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 311 N. Gilbert Street. The Board concludes that the proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone, based on the following findings: • 311 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use in 1977. • CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is legal non -conforming. The Board concludes that the proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment made the determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. This was based on the following findings: • A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). • Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. • With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 parking spaces. • The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. • Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. The Board concludes the proposed use is suitable for the subject structure and site based on the following findings: • The structure was originally constructed as a detached single-family use and was converted into a duplex in 1977. • Returning the duplex to a detached single-family use is appropriate for the structure and site. The Board concludes that the structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use (ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged) based on the following findings: • No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second -floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • The Board made the conversion of the second -floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non -conforming uses. However, a non -conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase because the Board of Adjustment approved the conversion. 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 property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. 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 conversion of the property from a duplex to a detached single-family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. 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 already fully developed with a mix of residential and commercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. 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 by a sidewalk along N. Gilbert Street to the east. • Vehicular access to parking is shared with the adjacent property to the north (315 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. 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 driveway, sidewalk, or street. • The property has 2 conforming parking spaces but must continue to share access with 315 N. Gilbert Street to ensure access to said parking • Anticipated traffic will 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: • The property meets all dimensional requirements for the CB-2 zone and all single-family site development standards, including open space requirements. • To ensure adequate access for the subject property's two parking spaces, the subject property must continue to share access with 315 N. Gilbert Street. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to "maintain and improve the older housing stock" and encourages "reinvestment in residential properties throughout the district". • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. DISPOSITON: By a vote of 4-0, the Board approved converting a two-family (duplex) use to a detached single-family use for the property located at 311 N. Gilbert Street, subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. 2. EXC22-0003: A public hearing regarding a special exception application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 315 N. Gilbert Street. The Board concludes that the proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone, based on the following findings: • 315 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use by at least 1977. • CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is considered legal non -conforming. The Board concludes that the proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment made the determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. This was based on the following findings: • A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). • Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 in with 5 occupants in each unit. • With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 conforming parking spaces. • The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. • Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. The Board concludes the proposed use is suitable for the subject structure and site based on the following findings: • The structure was originally constructed as a detached single-family use and was converted into a duplex by at least 1977. • Returning the duplex to a detached single-family use is appropriate for the structure and site. The Board concludes that the structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use (ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged) based on the following findings: • No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second -floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • The Board made the conversion of the second -floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non -conforming uses. However, a non -conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase because the Board of Adjustment approved the conversion 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 property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 with 5 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. 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 conversion of the property from a duplex to a detached single-family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. 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 already fully developed with a mix of residential and coriimercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. 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 by a sidewalk along N. Gilbert Street to the east. • Vehicular access to parking is shared with the adjacent property to the south (311 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. 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 driveway, sidewalk, or street. • The property has 2 conforming parking spaces with adequate driveway access. • Anticipated traffic will 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: • The property meets all dimensional requirements for the CB-2 zone and all single-family site development standards, including open space requirements. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to "maintain and improve the older housing stock" and encourages "reinvestment in residential properties throughout the district". • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. DISPOSITON: By a vote of 4-0, the Board approved converting a two-family (duplex) use to a detached single-family use for the property located at 315 N. Gilbert Street, subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. 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. Approved by Gene Chrisc illes, 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 13th day of April, 2022 as the same appears of record in my Office. .s}-AA_ Dated at Iowa City, this Z day of \ , 20 Kellie k. Fruehling, City clerk