HomeMy WebLinkAbout3/22/2002 928 Davenport StIOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 9, 2002
Page 3
2) entrances to the building are designed to maximize the usable storefront al_~t~owa-~
Avenue; .~.~. --- r-~-,
the entrance to the commercial space is designed to be the most visually p~b'r~irient--~_
3)
entrance along Iowa Avenue, substantially similar in design to the entranceS~'oWn'" - '-o~ the-.)--]
elevation submitted January 4, 2002; : ~'~ ~" '---:
4) storefront windows and doors provide views into entryways and ground floO.r_:>:C~mme.~ial '-
space and not into the underground parking area; 3:; r-.o
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
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 9, 2002
Page 4 ~.~,
the Code. The Board finds that compliance with this standard would result in a I~'s~esi~)le
situation, since it would actually result in a smaller usable rear yard. The Board f~cTs'that-
granting the yard reduction will allow the applicant to maximize the usable rear y'_a~..'rd~ace
between the dwelling unit and the proposed garage and also allow the applicant-to' bdildir~.the?~
garage in line with adjacent garages along the rear alley. The Board also finds t~ ~ Ci~;
made an error in not informing the applicant of the 30 percent rear yard coverag~mit wl~
the applicant applied for a building permit, so the situation was not of the applicant's own
making.
Conclusions of Law: The Board concludes that the situation is unique and there is practical
difficulty meeting the yard requirements in this case. The Board also concludes that the
proposed yard reduction meets the general special exception review standards (14-6W-2B) in
the Iowa City Zoning Ordinance.
Disposition: On a vote of 4-0, the Board approves EXC01-00029, a special exception to
reduce the required rear yard for property in the Medium Density Single Family (RS-8) Zone at
928 E. Davenport.
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 Applicant shall have taken
action within such time period to establish the use or construct the improvement authorized under the
terms of the Board's order of decision. City Code Section 14-4B-5E, City of Iowa City, Iowa.
T.J. Br,~l~'t, Chairperson
STATE OF IOWA )
)
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Bc~ard 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 9th day of January, 2002, as the same
appears of record in my Office.
Dated at Iowa City, this
l~lari~,4K. Kart, City Clerk
,2002.
000i04 :;
CORPORATE SEAL