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Home My WebLink About2020-05-13 BOA DecisionFee Doc ID: 027710860004 Type: GEN Kind: DECISION Recorded: 06/03/2020 at 10:59:44 At Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder Preprered by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-523%K6051 PG85 2-855 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 13, 2020 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce_ Pa�j er, Amy Pretorius MEMBERS ABSENT: None C9 STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann OTHERS PRESENT: Tom Maxwell, Kate Maxwell, Mark Kennedy, Thomas McInerney SPECIAL EXCEPTION ITEMS: 1. EXC20-04: A public hearing regarding a special exception application submitted by Tom Maxwell requesting a waiver from the minimum 15 -foot building setback in the Low Density Single -Family Residential (RS -5) zone to construct an addition at 6 Melrose Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject property was established before current zoning standards. • The southeast building face fronts the street. The principal building is within the current setback, around nine feet from the front lot line. • The addition is proposed to replace a sunroom currently attached to the northeast building face. The northwest building face is attached to a wooden deck with a gazebo. The southwest building face fronts the driveway. • The street -side setback varies widely among properties in the area. The adjacent lot to the north, 629 Melrose Avenue, extends to the middle of Melrose Circle. The primary building on the property to the east, 3 Melrose Circle, is approximately 12 feet from the front lot line. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The house itself sits within the current front setback. • The rationale for the size and location of the proposed addition is based on accommodating an aging -in-place strategy. The centered and northeastern placement of the proposed addition allows connection to the primary building. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations, which are to: a. maintain light, air separation for fire protection, and access for firefighting; b. provide opportunities for privacy between dwellings; c. reflect the general building sale and placement of structures in Iowa City's neighborhoods; d. promote a reasonable physical relationship between buildings and between residences; and e. provide flexibility to site a building so that it is compatible with builds in the vicinity based on the following findings: The proposed building addition will be no closer than approximately 30 feet to any adjacent property. This meets items a, b, d, and a of the purpose of the setback regulations. The reduction would be in line with the general scale and placement of structures within the neighborhood; the principal building at 3 Melrose Circle is approximately 12 feet from the front lot line. 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 layout of the current structures in the area will not experience potential negative effects due to the setback exception. 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 12 feet from the nearest 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 findings: The use and intensity of the property will not change due to the addition, nor will access to the property and surrounding properties be affected. The proposed addition will not interfere with visibility on Melrose Circle. 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 finding that the proposed addition will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. 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 residential and institutional uses. ," • The proposed building addition will be no closer than approximately 3t*et from any adjacent property under private ownership. The Board concludes that adequate utilities, access roads, drainage and/oEbtrces'ory _. facilities have been or are being provided based on the following findings: I 3 - • The subject property is already developed, and all utilities, acre 4 i;ad� drainage and necessary facilities are established for this neighborhood.o • Pedestrian access is provided by a sidewalk on the east side of Melrose l;ircle. • The proposed location of the addition does not contain underground utilities. • Green space surrounds the proposed addition which allows the absorption of any additional 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 is at the end of the street connecting the private road Melrose Circle. • Parking is provided onsite to the west of the primary building and will not be impacted by the proposed addition. • Traffic is mostly limited to residents, and the addition will not impact traffic. 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 addition will not cause the property to exceed the maximum lot coverage of 45 percent or maximum height of 35 feet. Rear and side setbacks requirements will be met by the proposed addition. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designated this area for Residential (2-8 Dwelling Units Per Acre). The Future Land Use Map of the Southwest District Plan designated this area for Single Family/Duplex Residential. 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. • The Comprehensive Plan's vision includes to "Preserve Historic Resources... in Established Neighborhoods' (p.21) which is carried out through the strategy of supporting the goals of the Historic Preservation Commission and supporting reinvestment in housing in existing neighborhoods' (p.29). The Plan also notes that in order to "protect our community's historical... assets" the City should "Continue support for the Iowa City Historic Preservation Plan" (p. 26) • The City's Historic Preservation Plan includes the following goals: "Continue municipal policy of protection of historic resources and implement this policy through... regulatory measures' (p. 34) and "...integrate preservation objectives in related planning work undertaken by the City of Iowa City" (p. 61). • The primary building is a key contributing structure in the National Regimr of Historic Places -Listed Melrose Historic District, and the sunporch proposed for demolition is original. DISPOSITON: By a vote of 4-0-1 (Parker abstaining because he arrived during the middle of the of public hearing), the Board approved a reduction of the required front setback requirement along Melrose Circle from 15 feet to 12 feet for the property located at 6 Melrose Circle, 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: Amy etorius, 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 13`h day of May, 2020 as the same appears of record in my Office. Dated at Iowa City, this 1� day of � (.l_tte— , 20 —�-D N 0 N O �n N r m co 0 W