HomeMy WebLinkAbout3/22/2002 729 Capitol St... (2) - o.o 23105
Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/35fi-5;~0~ ,-,~-, ~,'r-,D& C," : ~'. ~
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 9, 2002 - 5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: Mike Paul, Dennis Keitel, T.J. Brandt, Vincent Maurer
MEMBERS ABSENT: None
STAFF PRESENT: Karen Howard, Shelley McCafferty, Sarah Holecek
OTHERS PRESENT: Duane Musser, Kevin Kidwell, Tom Gelman, Tom Lepic, Tim Krumm, John
Ockenfels, Tom Rowald, Tim Zimmerman (CRANDIC), Jim Clark, Cindy Parsons, Scott Kaeding,
Ann Connors, David Chamberlain, Jim D .... -
, uL,,~In, Richard Haendei, Austin Chamberlain, Chuck Polfliet,
Carol Peters, Eric Gidal
SPECIAL EXCEPTION ITEMS:
1)
EXC01-00026 - Public hearing on an application submitted by Kevin Kidwell for a special
exception to permit dwellings units above a ground floor warehouse use in the Intensive
Commercial (C1-1) Zone at 729 S. Capitol Street.
Findings of Fact: The Board finds that the proposal for ten apartments on the subject lot, which
contain .42 acres, does not exceed one dwelling unit per 1,800 square feet of lot area. The
Board finds that the proposal for 10 apartments containing a total of 34 bedrooms above 2,437
square feet of undefined warehouse space is more intensively residential than commercial in
nature and may supplant or discourage the use of property in the C1-1 zone for the intensive
commercial uses that are intended for this zone. In addition, the Board finds that due to the
industrial and intensive commercial character of this location, in particular its location directly
adjacent to an active industrial zone, existing industrial uses, and the railroad tracks, makes
this a potentially unsafe and unhealthy location for residential uses. The Board finds that the
industrial activity, noise and considerable truck traffic from the existing industrial uses
permitted on the adjacent properties create a situation that is incompatible with residential
living. The subject property is too small to provide any meaningful buffer from the industrial
uses that currently exist in. the area as we!! as any that may locate there in the future.
Conclusions of Law: The Board concludes that the proposed building meets the density
requirement for residential uses above a permitted use in the Community Commercial (Cl-1)
Zone. However, the Board concludes that the general special exception review standards (14-
6W-2B) have not been met. Specifically, the Board concludes that the specific proposed
exception is likely to be detrimental to or endanger the public health, safety, comfort or general
welfare and will likely be injurious to the use and enjoyment of other property in the immediate
vicinity. The Board also concludes that the specific proposed exception may impede the
normal and orderly development and improvement of the surrounding property for uses
permitted in the zone in which such property is located.
Disposition: On a vote of 1-3 (Maurer), the Board denies EXC01-00026, a special exception to
permit dwellings units above a ground floor warehouse use in the Intensive Commercial (C1-1)
Zone at 729 S. Capitol Street.
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