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HomeMy WebLinkAbout2025-07-09 BOA Decision Doc ID: 032530490008 Type: GEN Kind: DECISION Recorded: 07/21/2025 at 11:03:06 AM Fee Amt: $42.00 Paqe 1 of 8 Johnson County Iowa Prepared by:Anne Russett,Senior Planner,410 E.Washington, Iowa City, IA 52240;319-356-5251 Kim Painter Counnt,+ Recorder BK6676 PG88-95 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 9, 2025 EMMA HARVAT HALL, CITY HALL — - MEMBERS PRESENT: Larry Baker, Nancy Carlson, Paula Swygard, Julie Tallr6an MEMBERS ABSENT: Mark Russo. STAFF PRESENT: Sue Dulek, Anne Russett OTHERS PRESENT: Jeff Clark, John Beasley, Mike Vandermeir, Mike Welch, Robert Downer, Jesse Singerman, Robin Christianson, Kim Miller SPECIAL EXCEPTION ITEMS: 1. EXC25-0003: A public hearing regarding a special exception application by Jeff Clark requesting two special exceptions to allow ground floor residential in a commercial zone and a parking reduction in a Central Business Zone (CB-10) for the property located at 17 and 23 S Gilbert Street. The Board concludes that the following specific approval criterion is met: Where the proposed dwelling will be located in an existing building in a Historic District Overlay (OHD) zone a rehabilitation plan for the property must be reviewed and approved by the Iowa City historic preservation commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. This is based on the following finding: • The property is not located within a Historic District Overlay (OHD), and therefore, this criterion is not applicable. The Board concludes that the following specific approval criterion is met: The proposed dwellings will not significantly alter the overall commercial character of the subject zone. This is based on the following findings: ■ The subject property is zoned Central Business Zone (CB-10), which is intended to be a high density, compact, pedestrian oriented shopping, office, service and entertainment area in Iowa City. This zone is intended to accommodate a wide range of retail, service, office and residential uses. Private, off street parking is strictly regulated in order to preserve valuable land for active building uses and to maintain a pedestrian oriented streetscape. • The ground floor residential units will fill the commercial spaces located on Gilbert Street. These existing commercial spaces have remained largely vacant over the last 10 years. The commercial use and store front at the corner of Washington and Gilbert Street will remain unaltered, maintaining the active commercial use and pedestrian oriented streetscape. The conversion to residential requires the addition of only two parking spaces. The Board concludes that the following specific approval criterion is met. If an existing building located in a Historic District Overlay (OHD) zone includes three (3) or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (A) The main entrance to the building is at or near grade; (B) The front facade of the building is located within ten feet (10') of the front property line; (C) The front facade of the building contains ground floor storefront or` display windows; and This is based on the following finding: ■ The property is not located within a Historic District Overlay (OHD) and-this-uiteripn is not applicable. - The Board concludes that the following specific approval criterion is met: Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). This is based on the following findings: The property is listed as a contributing structure in the Iowa City Downtown Historic District which is listed in the National Register of Historic Places. The property is also listed individually in the National Register of Historic Places. The building is eligible to be designated a local historic landmark. The building was constructed in 1899 to fit the lot in its entirety. No parking is provided on the property, and although the property currently has 12 bedrooms, which would require 1 parking space today, the parking is a legal non- conformity. Elements that do not meet current standards may continue as legal non- conformities because a change of use is allowed by 14-4E 'Nonconforming Situations' of the City Code where no structural alterations are being proposed, and no structural alterations are proposed. Four new bedrooms are proposed on the ground floor, which require two parking spaces. Surface parking is not permitted in the CB-10 zone and accommodating parking would require significant alterations to a historically significant structure, which would diminish or remove all historic integrity. • A 100% parking reduction will help preserve and protect the property's historic, aesthetic, and cultural attributes because providing parking will require significant alternations to the structure. • Additionally, the parking reduction will allow the current vacant space to be utilized. The commercial space has been vacant for around 10 years. 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 existing development will not be altered as all work will be interior renovations. • Without a parking reduction, redevelopment of the vacant commercial space to residential will require the property to accommodate parking, which would not be possible on site or along the street in this area. • The addition of residential units will further the intent of the CB-10 zone by converting currently unused commercial spaces into residential units, increasing density and encouraging pedestrian interaction with the vibrant commercial core. ■ Without a parking reduction, providing parking for the residential uses would require structural alterations, which may be detrimental to the historic integrity of the property. ■ Access to surrounding properties will not be affected. 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 proposed renovations and parking reduction will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. ■ Additional traffic is not likely to be generated by the proposed conversion to residential as they will utilize vacant commercial spaces, which do not require parking, and are proposing to reduce the parking requirement from 2 to 0, aligning with existing conditions. • The proposed renovations would reinvest in underutilized and vacant commercial spaces to provide housing and serve the community. 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 fully developed with a mix of commercial and residential uses. • The residential units will occupy an existing structure that has been in the neighborhood since 1899 and will provide beneficial services that will not substantially impact the development or improvement of surrounding property. • The site currently does not have parking so the existing conditions will not change. 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, drayage and necessary facilities are established for this neighborhood. ■ Pedestrian access is provided by sidewalk along E Washington Street a6d7S Gilbert Street. • The site is also within walking distance of Iowa City Transit stops. c, 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: The existing development has been in place since 1899 and takes up the entirety of the lot. The property does not have vehicular ingress or egress, nor is one being proposed. No impacts to vehicular traffic congestion are proposed as part of this exception. • No changes are being proposed to the existing sidewalk or street. • Additional parking would impact traffic flow for surrounding developments at a busy intersection. A parking reduction from two to zero would ensure existing conditions are met and limit potential traffic impacts. 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 subject property meets the requirements of the base zone with the exception of required open space for residential uses. • Elements that do not meet current standards may continue as legal non-conformities because a change of use is allowed by 144E `Nonconforming Situations' of the City Code where no structural alterations are being proposed. • The addition of residential units would not extend the existing nonconforming development as no open space has ever been provided, nor could it due to the building being constructed in 1899 to fill the entirety of the lot. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The subject property meets the requirements of the base zone with the exception of required open space for residential uses. • Elements that do not meet current standards may continue as legal non-conformities because a change of use is allowed by 144E 'Nonconforming Situations' of the City Code where no structural alterations are being proposed. • The addition of residential units would not extend the existing nonconforming development as no open space has ever been provided, nor could it due to the building being constructed in 1899 to fill the entirety of the lot. DISPOSITON: By a vote of 3-1 (Russo absent, Baker dissent) the Board approved the allowing ground floor residential along S. Gilbert Street in a commercial zone while maintaining the commercial space along E. Washington Street, and allowing a 100% parking reduction in a Central Business (CB-10) zone for the property located at 17 and 23 S. Gilbert Street in order to accommodate two additional residential units. 2. EXC25-0004: A public hearing regarding a special exception application submitted-by Mike Vandermeir of Evans Scholar Foundation requesting a parking reduction in a Higf�f.Density Multi-Family Residential (RM-44) zone for the property located at 729 N. Dubuqud Street. c The Board concludes that the following specific approval criterion is met: Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or sucking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). This is based on the following findings: The property is not currently listed in the National Register of Historic Places, or within an established Local Conservation or Historic District. However, according to the State Historical Society of Iowa, the property maintains architectural and historical significance and is eligible for National Register listing. • A 2012 Iowa City Gateway study done on behalf of the City noted the potential for the 9 remaining fraternity houses within the 700 and 800 N Dubuque Street block to be placed within a Local Conservation District in order to preserve the historic properties. No historic district has been established to protect the historically significant sites. • The property is currently vacant. Based on City rental inspection records the building has not been occupied since at least March 2022. It previously housed 19 roomers and provided 17 parking spaces. In order to accommodate 46 roomers, as proposed by the Evans Scholar Foundation, the property would require 34 parking spaces. The site is significantly sloped. The eastern portion of the site is at an elevation of 672' while the western portion along the Iowa River is at 644'. The change in grade makes adding parking a challenge. Additional parking would be required to be located behind the building, along the riverbank, which would not only diminish the historical riverfront character, but also impact the stream corridor and the protected sensitive feature. ■ Altering the structure to accommodate additional parking would diminish the historically significant architectural character, as well as the historic riverfront integrity that has remained largely unchanged since the fraternity was constructed in 1923. Over the years several of the existing fraternity and sorority houses in this area have been demolished or negatively impacted. A parking reduction would preserve the site for one of the few remaining historically significant fraternity houses in the City, provide the opportunity for more housing in the community, and allow a building that has been vacant for several years to be reused. The Board concludes that the specific proposed exception will not be detrimental foyor endanger the public health, safety, comfort or general welfare based on the following findings: • The existing development will not be altered if granted the special;p*ce�-fion as 6II work will be interior renovations and the existing parking area ;wuld bey used: to accommodate parking. Without a parking reduction the property would need to either enlarge the parking area to accommodate 34 spaces, which would alter the riverfront view and oper,pace that is important to the historic character of the site or remain capped at the existing 19 roomers. • Access to surrounding properties will not be affected. • A parking reduction would use and maintain the existing 17 spaces, which would generally maintain the existing conditions for ingress and egress. The additional 17 parking space requirement would increase the vehicles required to use the access along N Dubuque for ingress and egress, which is a major arterial street. • There is no on street parking along N Dubuque Street and the added roomers would not lead to further street congestion. 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 proposed renovations and parking reduction will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. • Additional traffic generated may be minor due to the proposed renovation from 19 roomers to 46. However, if a 50% parking reduction is approved, the existing parking lot and 17 parking spaces will remain in use, aligning with existing conditions. • There is no on street parking along N Dubuque Street. The additional roomers would not lead to further street congestion due to off street parking. • The renovations would provide additional student housing and provide the Evans Scholar Foundation with space to further serve the University. • The property does not have neighbors to the north and abuts the Iowa River to the west. Multifamily residential is located to the south and to the east. The uses in the immediate vicinity are similar in intensity. 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 fully developed with a mix of commercial and residential uses. • The residential units will occupy an existing structure that has been in the neighborhood since 1899 and will provide beneficial services that will not substantially impact the development or improvement of surrounding property. • The site currently does not have parking so the existing conditions will not change. 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 surrounding neighborhood is already fully developed with a mix of residential and institutional uses. • The additional roomers will occupy an existing structure that has been in the neighborhood since 1923 and been vacant for several years. The project will provide needed housing that will not substantially impact the development or improvement of surrounding property • If a parking reduction were granted, the existing parking area would remain in use and existing conditions would not change. 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 streeL c� Traffic is mostly limited to residents. A minor increase in traffic may be generated to accommodate 46 roomers. However, if a parking reduction is granted the existing parking area and 17 parking spaces would not be increased. The subject property is also accessible to Iowa City Transit and the City's bicycle infrastructure. Additional parking would impact traffic flow for surrounding development along a major arterial street. A parking reduction from 34 spaces to 17 spaces would ensure existing conditions are maintained and limit potential traffic impacts. 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 subject property meets the requirements of the base zone, with the exception of parking for multi-family being located between the street and the building. • Elements that do not meet current standards may continue as legal non-conformities because a change of use is allowed by Section14-4E 'Nonconforming Situations' of the City Code where no structural alterations are being proposed. If a parking reduction were not granted, future parking stalls would need to be located behind the building and along the Iowa River, which would diminish the historical significance of the property's placement along the riverbank. 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 shows this area as 25+ Dwelling units an acre. The property is also located in the Central District Plan, which designates the property as Fraternity/Sorority housing. The Comprehensive Plan supports investing in historic and established neighborhoods to help preserve the culture, history, and identity of Iowa City. The Plan further states "Investing in the neighborhoods that are closest to major employers in the city preserves opportunities for people to live close to work, school, shopping; promotes walking and bicycling; and reduces vehicle miles traveled" (pg. 21). The proposed exception would grant the ability to provide additional student housing and provide opportunities for people to live close to work, school, and shopping. • A parking reduction would align with the Plan's vision for maintaining historic resources and promote walking, biking, and the use of available transit services within the area. DISPOSITON: By a vote of 3-0-1 (Russo absent, Carlson abstain) the Board approved the special exception to reduce the onsite parking requirement by 50% (from 34 to 17 spaces) for a fraternal group living use at 729 N. Dubuque Street. 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. • �y Approved by: rry Baker, Ch son � - City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Grace, 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 meeting on the 9th day of July, 2025 as the same appears of record in my Office. Dated at Iowa City, this (P day of CAL-A 2025 J Kellie k. Grace, City Clerk C" ` M