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Home My WebLink About2021-12-08 BOA Decision,M � �,..��aaon: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc 10: 031730660004 Type: GEN Kind: DECISION Recorded: 12/27/2021 at 10:06:38 A Fee Amt: $22.00 Pane 1 of 4 Johnson County Iowa Kim Painter County Recorder Pre" by:K Lehmann,Associere Plannw,410E.WaahIWJl ,Iowa Cq,IA52240:319-3565230 W6326 P0434-437 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 8, 2021 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Bryce Parker, Amy Pretorius, Mark Russo MEMBERS ABSENT: None -� STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Clay Claussen- SPECIAL EXCEPTION ITEMS: _-: W Ln 1. EXC21-0016: A public hearing regarding a special exception application submitted by submitted by Clay Claussen requesting a reduction to the front building setback from Crestview Avenue to construct a carport and widen the driveway at 504 Upland Avenue. The Board concludes that the situation is peculiar to the property in question based on the following findings: The subject property is on a corner lot, so it must comply with minimum front setbacks to the north and west. More than 50 percent of developed lots on Crestview Avenue to the north have principal buildings set back at least 5 feet further from the street than is required, so the setback of the building closest to the street becomes the new minimum front setback, increasing the north front setback to 30 feet instead of 15 feet. Front setbacks for other nearby comer lots are also subject to setback averaging, but they have lower minimum front setbacks, ranging from approximately 21 to 28 feel. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: Parking could be added by rotating the garage so that access is provided from Crestview Avenue, but that would require removing the existing driveway on Upland Avenue, adding a new driveway on Crestview Avenue, demolishing the existing garage, and building a new garage that would extend into the rear yard. Parking could be added by providing parking south of the house, but that would require removing a mature tree and other complications such as splitting the property's parking or infringing on the setback to the south. Expanding the existing driveway and adding an attached carport is a more practical option. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the following findings: The proposed carport would beat least 23 feet from the north property line, which is greater than the standard minimum front setback requirement of 15 feet, and it would meet minimum side setback requirements of 5 feet. Because the proposed reduction is greater than the standard minimum front setback requirement, it maintains light, air separation for fire protection, and access for firefighting; provides opportunities for privacy between dwellings; promotes a reasonable physical relationship between buildings and between residences; and provides flexibility to site a building so that it is compatible with buildings in the vicinity. The proposed reduction reflects the general building scale and placement of structures in Iowa City's neighborhoods as other nearby comer lots have front setbacks that are less than 23 feet. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the finding that the front setback reduction results in a front setback that is greater than the minimum typically required, so no negative effects are anticipated. The Board concludes that the accessory use, building or structure will be located no closer than three feel IT) to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space based on the finding that the proposed parking will be will at least 5 feet from the side lot line to the east and meets the minimum rear setback to the south. 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 will remain a single-family detached use, though the additional two parking spaces would increase the potential occupancy from 3 to 5 adult occupants. • Vehicular access to the property will not change. • The proposed carport will not interfere with visibility at the comer of Upland Avenue and Crestview Avenue. 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 applicant has proposed painting the support posts and braces to match the house siding. • Nearby properties feature a mix of garages, carports, and parking pads. 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 carport would meet side setback requirements and be no closer than approximately 23 feel from the north property line. Oal,� vg,wNre mnf�ation: 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. • The final plat shows no underground utilities beneath the proposed project, and 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 driveway access, sidewalk, or street. • Two additional off-street parking spaces would be provided, but anticipated traffic would be similar to other single-family residential areas 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 proposed carport and driveway meet all accessory use standards and all other dimensional and single-family site development standards, including driveway location, maximum building coverage, and other setback requirements. • 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: • Future Land Use Maps designate the subject property, for residential uses (2-8 Dwelling Units Per Acre) in the Comprehensive Plan and for Low/Medium Density Single -Family & Duplex uses in the Southeast District Plan. • Both Comprehensive and District Plans support improving and maintaining the housing stock in existing neighborhoods. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. DISPOSITON: By a vote of 5-0, the Board approved a reduction to the required front setback requirement along Crestview Avenue to 20 feet for the property located at 504 Upland Avenue. 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 7i-8G 1 E, City of Iowa City, Iowa. :a n e IMP uw ur. wrmrxwn: Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved �by�:\ � (d •do, dj City Attorney's Office 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 8"day of December, 2021 as the same appears of record in my Office. Dated at Iowa City, this 2 Sf day of - 6 , 20 Z 1 Kelie K. Freehling, ity Clerk �y '. GA VI J�