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Home My WebLink About2020-02-12 BOA Decision• r IIII nll III VIII VIII IIIDIIIIIVlII VIII VIII VIIII III VIII VIII IIII IIII Doc ID: 027623620003 Type: GEN Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA52240; 319/356-5230 Kind: DECISION Recorded: 02/28/2020 at 12:56:07 PM Fee Amt: $17.00 Page 1 of 3 DECISION Johnson county Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter county R�e+corder WEDNESDAY, FEBRUARY 12, 2020 sK6012 P13176-178 EMMA J. HARVAT HALL MEMBERS PRESENT: Bryce Parker, Amy Pretorius, Gene Chrischilles ti a r� MEMBERS ABSENT: Zephan Hazell, Ernie Cox rn a..' STAFF PRESENT: Sue Dulek, Anne Russett - 7 G N -- -{C7 --- J OTHERS PRESENT: Allan Berger, Kim Garner, Thomas McInerney M SPECIAL EXCEPTION ITEMS: 1. EXC20-01: A public hearing regarding a special exception application submitted by Man Berger and NREP, L.L.C. to expand an animal related commercial use in the Commercial Office (CO -1) zone at the property located at 3030 Northgate Drive. The Board concludes that all aspects of the operation of the facility, including any accessory uses will be conducted completely indoors within a soundproof building based on the following findings: • Operation of the animal related commercial uses will remain in the portion of the primary building containing the veterinary clinic, as determined in EXC05-00002, which is soundproofed. • Accessory structures will not be used for the storage of animals. The Board concludes that this expansion of an animal related commercial use will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: On-site commercial uses will remain the same. The expansion of use will not increase traffic to the site. An existing maintenance shed, which has been broken into, will be removed with the construction of the new structures. The new structures will be more secure. The Board concludes that this expansion of an animal related commercial use will not be injurious to the use of other property in the immediate vicinity based on the following findings: The properties to the north, east, and west of the subject property are undeveloped. The animal related commercial use will remain in the existing building and will not be expanded into the proposed accessory structures. The accessory structures will be set back at a minimum of 15 feet 7 inches from the adjacent properties. The Board concludes that this expansion of an animal related commercial use will not impede normal and orderly development and improvement of surrounding properties based on the following findings: The development or improvement of the surrounding properties will not be impacted by the proposed structures. The structures will be located behind the existing building and away from the street and previous development. The Board concludes that this expansion of an animal related commercial use will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the following findings: The property already has access to all necessary utilities and facilities. Additional electrical service will connect to the primary building to utilize the power generated by the solar panels. An internal storm water drainage system connected to the existing primary building's system will be provided as required by the Subdivider's Agreement for the Highlander Development Third Addition. The storm water management plans will be reviewed to ensure compliance with the Subdivider's Agreement and applicable City codes as part of the site plan review process. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The current site has two separated parking areas, each with access from Northgate Drive. • The proposed area for the accessory structures connects to only the upper east parking lot, which is behind the primary building. • No changes are being proposed to the existing parking or access. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The current designation of this property is consistent with the Future Land Use Map of the Comprehensive Plan and will not change because of the exception. • The Comprehensive Plan encourages the responsible use of natural and energy resources. DISPOSITON: By a vote of 3-0, the Board approved a special exception allowing the expansion of an animal related commercial use in a Commercial Office (CO -1) zone at the propeii located at 3030 Northgate Drive subject to the following condition: CDo n 1. The accessory structures shall not contain animal related commercial L{SW ar}� therefore, the accessory structures do not need to meet the soundproofM9iegaitemdnt. rn " F 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. Amy Preto s, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: 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 12'" day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this 2�k- day of LthluL L 202-0 Kellie K. Fruehling, y Clerk