HomeMy WebLinkAbout3/22/02 boadecision417 FersonIOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 9, 2002
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2) entrances to the building are designed to maximize the usable storefront al~owa~
Avenue;
the entrance to the commercial space is designed to be the most visually
3)
entrance along Iowa Avenue, substantially similar in design to the entrance sh"oWn'"-- --o~ the~-T]
elevation submitted January 4, 2002;
4) storefront windows and doors provide views into entryways and ground floor_::Comme.~ial
space and not into the underground parking area;
5) a stop sign and ten-mile an hour speed limit sign is placed at the exit from the parking
garage; and
6) the use of the parking is reserved through both signage and building management
policy/practice for building residents and for employees of the commercial tenants of the
building and not for short-term parking.
3)
EXC01-00028 - Public hearing on an application submitted by Austin Chamberlain for a
special exception to reduce the required side yard for property in the Low Density Single
Family (RS-5) Zone at 417 Ferson Avenue.
Findinqs of Fact: The Board finds that the situation is unique in that a garage or carport
structure has existed in this location on the property line for over forty years and that moving
that structure would pose practical difficulty for the current owner of the property. The Board
finds that the applicant was not aware that the existing garage did not meet the City's Code
requirements at the time it was constructed in 1959. The Board finds that the applicant
recently remodeled the structure without changing the footprint of the existing structure. The
Board finds that the applicant completed the remodeling work without obtaining a building
permit and as a consequence the structure does not meet all of the requirements of the
Building Code. The Board finds that it is likely that the remodeling changed the drainage on the
applicant's property and the neighboring property. However, the Board finds that drainage is a
general problem of the topography and moving the garage will not necessarily solve the
problem. The Board finds that in order to maintain the south side of the garage, the applicant
or any subsequent owner of the property at 417 Ferson Avenue will have to have access to the
neighboring property at 402 McLean Street.
Conclusions of Law: The Board concludes that proposed exception meets the specific
requirements of uniqueness and practical difficulty stated in Section 14-6Q-4B of the Zoning
Ordinance. The Board also concludes that the proposed exception meets the general special
exception standards contained in Section 14-6W-2B, provided that certain conditions are met.
Disposition: On a vote of 4-0, the Board approves EXC01-00028, a special exception to reduce
the required side yard for property in the Low Density Single Family (RS-5) Zone at 417 Ferson
Avenue, provided that the applicant obtains an easement from the owner of 402 McLean Street
to access the south side of the garage for maintenance purposes and provided that the
applicant obtains a building permit for the garage and brings the existing garage structure into
compliance with the Building Code.
4)
EXC01-00029 - Public hearing on an application submitted by Chuck Polfliet for a special
exception to reduce the required rear yard for property in the Medium Density Single Family
(RS-8) Zone at 928 E. Davenport.
Findinqs of Fact: The Board finds that given that narrow lot and existing shared garage and
driveway that there is practical difficulty meeting the 30 percent rear yard coverage standard in
000 .03