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HomeMy WebLinkAbout11-12-2003 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, NOVEMBER '12, 2003 - 5:00 PM EMMA J. HARVAT HALL, CIVIC CENTER A. Call to Order B. Roll Call C. Consider the October 8, 2003 Board Minutes D. Special Exceptions: 1. EXC03-00014 Discussion of an application submitted by Dwight Dobberstein for a special exception to reduce the side yard from 5 feet to 2 feet for property located in the Neighborhood Conservation (RNC-12) zone located at 318 N. Linn. 2. EXC03-00015 Discussion of an application submitted by University View Partners for a special exception to reduce the required front setback from 15 feet to 5 feet for an apartment building at in the Central Business Service (CB-2) Zone at 512 S. Dubuque Street. 3. EXC03-00016 Discussion of an application submitted by David Brost for a special exception to allow construction of a religious institution, a Church of Christ of Latter Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Low Density Single-Family (RS-5) zone at 570 Dublin Drive. E. Other F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING -- DECEMBER '10, 2003 Shared/pcd/boafiles/agenda STAFF REPORT To: Board of Adjustment Item: EXC03-00014, 318 North Linn Street. Prepared by: Jessica Hlubek Date: November 12, 2003 GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: Dwight Dobberstein 326 North Linn St. Iowa City, IA 52240 (319) 338-7878 Reduction of required side yard setback from five feet to two feet for a house located at 318 North Linn Street. To allow for an addition to the existing house. 318 North Linn Street 36' x 80' (2,880 square feet) Neighborhood Conservation Residential, RNC-12 North: South: East: West: Neighborhood Conservation Residential, RNC-12 Central Business Service, CB-2 Neighborhood Conservation Residential, RNC-12 Neighborhood Conservation Residential, RNC-12 14-6Q-4B, Exceptions to Established Setbacks; 14-6W-2B, Special Exception Review Requirements 29 September 2003 BACKGROUND INFORMATION: The applicant, Dwight Dobberstein, wishes to build an addition to the single-family residence at 318 North Linn Street. The proposed addition will square off the rear of the house and include a kitchen and bathroom expansion. Additionally, a rear porch will be located at the southeast corner of the house. The existing house already extends into the south side yard, reducing it from five feet to two feet as a legal nonconformity. This reduced side yard abuts an alley. In order to square off the rear of 2 the existing house, a reduction of side yard setback from five feet to two feet will be required for the new addition. ANALYSIS: The purpose of the Zoning Chapter is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Zoning Chapter to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board of Adjustment may grant relief from the requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standard: 14-6Q-4B, Exceptions to Established Setbacks Subsection 6Q-4B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of this Chapter and that conditions of Article W of the Zoning Chapter can be met. Unique Situation. The minimum lot size in the RNC-12 zone is 5,000 square feet and the minimum lot width is 45 feet. The lot under question measures 36 feet by 80 feet, or 2,800 total square feet. Although Iowa City has many nonconforming lots that are smaller than required by the current zoning code, this lot is rather unique in its degree of nonconformity. There are very few single-family lots in Iowa City that are this small. Practical Difficulty. The small, nonconforming lot size does not leave the applicant with many options for additions to the house. The size of the existing house on this property is relatiVely small with 1,102 square feet of living space. According to the applicant the current kitchen and bathroom are not very functional by today's standards. If the house is to be updated it would be difficult to do so and still observe the required side yard setback. The applicant could add an additional story to the house to create more floor area, but such an addition would be out of character with the original design of the house and the floor plan would not be conducive to such an upward addition. The applicant could set the proposed addition back another 3 feet from the south property line and extend further into the back yard to create the same amount of floor space that he proposes. However, setting the addition back would require a break in the roofline, which would be out of character with the original design of the house. This property is within an area being studied by the Historic Preservation Commission for designation as a National Register Historic District as well as a local historic district. Therefore it is important for any addition to be compatible with the original design of the house. Allowing a reduction of the side yard will make it easier to achieve this goal. Staff for the Historic Preservation Commission has reviewed the proposed addition and has determined that it generally complies with Historic Preservation regulations. Setback Review Standards. In addition to determining whether the situation is unique and if there is a practical difficulty, the Board has typically used the following standards to judge the merits of requests for yard reductions. 1. How substantial is the exception in relation to the requirement? The side yard requirement will be reduced from five feet to two feet for the proposed addition, and will 3 result in an 8.25% reduction in the total side yard. In Staff's view, this is not a substantial reduction. Will the specific proposed exception, if granted, increase the population density or affect the use of municipal facilities? No. Will a substantial change or detriment to the neighborhood be produced by the exception? No, the proposed addition is at the rear of the property. The side yard in question abuts an alley and will not have an effect on the air or light circulation that side yards are intended to assure. Is there some feasible alternative for the applicant in lieu of the exception? As stated in the discussion of practical difficulty, the applicant could alternatively build upward and add an additional story to the home, or reduce the proposed addition by three feet on the south while extending it further into the backyard. However, both of these alternatives would be out of character with the original design of the house. Squaring off the rear of the existing house by reducing the side yard is the best alternative in preserving the structure's historical form. In view of the manner in which it arose and in consideration of the above criteria, would the interests of justice be served by granting the yard modification request? Staff feels that the interests of justice would be served by granting the side yard reduction. The reduction is minor considering that the existing house already extends into the side yard. Because the side yard in question abuts an alley, there will be no negative effect on the surrounding neighborhood. Additionally, the proposed addition requiring the side yard reduction is the best alternative in maintaining the historical characteristics of the existing house. General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the general standards are included within the attached application. Staff comments regarding the special exception application were covered above. Appropriate specific comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. An intention of side yard requirements is to provide separation between buildings to prevent the spread of fire from one building to another and to provide adequate space between buildings for firefighters to access a fire. Because of the open space of the alley, even if the side yard is reduced there will be an adequate separation between this building and the building to the south of the alley. 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. The side yard under question abuts an alley at the south end of the property. Because of the adequate separation provided by the alley, the side yard reduction will not affect neighboring properties. The side yard reduction will allow the applicant to invest in his property through a rear addition that conforms to the historical character of the house. An investment in an older house such as this could result in increased neighborhood integrity. g. The proposed use will be consistent with the Comprehensive Plan of the City, as 4 amended. The Comprehensive Plan sets of a goal of historic preservation in this neighborhood. Although the side yard reduction is not the only available option to the applicant, it is the best option for retaining the existing structure's historic characteristics. STAFF RECOMMENDATION: Staff recommends that EXC03-00014, an application for a special exception to reduce the required side setback from five feet to two feet for an addition to a single-family home located at 318 North Linn Street, be approved subject to historical preservation staff approval of any addition to the home. ATTACHMENTS: 1. Location map 2. Applicant letter Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development CDZ 0 <CZ 0 n--' <{ ZiZ ±S 1El liE) NNI3 0 0 0 ! 0 0 X APPEAL TO THE BOARD OF ADJUSTMENT , SPECIAL EXCEPTION , , TITLE 14, CHAPTER 6, ARTICLE W DATE: APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: PROPERTY PARCEL NO. .,~. Z//v/v ~"r: APPEAL PROPERTY LOT SIZE: APPLICANT: CONTACT PERSON: Name: Name: Address: Phone: ,,,.~,4'~ ¢ O Address: ~.C~'~ Phone: ~ -< PROPERTY OWNER: Name: Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: /~/- ~-5-~- Purpose for special exception: S/,~)~- Date of previous application or appeal filed, if any: -2- INFORMATION TO BE PROVIDED BY APPLICANT: Legal description of property: r *Plot plan drawn to scale showing: 2. 3. 4. 5. [*Submission of an 82" x 11" bold print plot plan is preferred.] Lot with dimensions; -- ~=~ North point end scale; ~ -T~ Existing and proposed structures with distances from property line r~ Abutting streets and alleys; C')" r~ ---. Surrounding land uses, including the location and record owr~rcef ~i~hl property opposite or abutting the property in question; --~ ~-i'-~ ~ ,~ Parking spaces and trees - existing and proposed. ;~. _~_ Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific p[oposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. The applicant is required' to present specific Information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2B2, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. e -3- 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 and impair property values in the neighborhood. 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 zone in which such property is located. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate *measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Eo 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use. as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Sect;nn 14-6Q. Dimensional Requirements, or Section 14-6R, Trei~' R'egulations, as appropriate.] consistent with the sho~-ra~ge Comprehensive Pla~ The propose~ ~se of the C~ty. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ~1~ ~ ~ 'z,?-. ~~ 17)~ ADDRESS -§- NOTE: Conditions. In permitting a special exception, the Board may Impose appropriate conditions and eafeguarda, Including but not limited to planting screens, fencing, construction commencement and completion deadlines, Iighting~ operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other. requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). .. Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless ~the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: Si~lnature(s) of Applicant(s) Date: ,19 ppdadmin\appboase.doc Signature(s) of Property Owner(si if Different than Applicant(s) 322 N. UNN ST. ;SINGLE FA[~ILY !RESIDENCE OWNED BY ~ PALI~aa~G, ~K PAI..JdBERG, AND SCOTt PAI..IdBERG _1 PROPOSED -~ ADDmoN X,, __ __] -~EX~S~N¢ BUILDING 318 No UNN ST !1 . {'TI 312 N. UNN ST. HOLUB OWN~ BY vAL AND ~N~ILYN SKN~BA SITE' PLAN LINN STREET 1/16" = 1'-0' EAST STAFF REPORT To: Board of Adjustment Item: EXC03-00015, 512 S. Dubuque Street. Prepared by: Robert Miklo Date: November 12, 2003 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable code sections: University View Apartments 414 E. Market Street Iowa City, IA 52245 631-1869 MMS Consultants, Inc. 1917 S. Gilbert Street Iowa City, IA 52240 351-8282 Reduction of required front yard setback from 15 feet to 5 feet. To allow for an apartment building to be built closer to the street consistent with adjacent buildings. 512 S. Dubuque Street approximately .33 of an acre Vacant building formerly veterinary clinic, CB-2 (rezoning from CB-2 to PRM currently pending before City Council) North: South: East: West: Office, CB-2 Residential, PRM Residential, PRM School administration building, P The general land use plan contained in the Comprehensive Plan indicates that this area is appropriate for mixed-use development. The Near South Side Redevelopment Plan identifies this area for high-density residential development. 14-6Q-4B, Exceptions to Established Setbacks; 14-6W-2B, Special Exception Review Requirements File Date: October 15, 2003 BACKGROUND INFORMATION: The applicant, University View Partners, wishes to build a 12-unit apartment building on this property. They wish to construct the building within 5 feet of the Dubuque Street property line. This will allow the building to cover more of the lot and will leave more space for a parking area at the back of the lot. It will also make the building placement consistent with the three existing buildings on this block. The property is currently zoned Central Business Service (CB-2). A rezoning to Planned High Density Residential Multi-Family (PRM) and a Sensitive Areas Overlay rezoning are currently pending before the City Council. ANALYSIS: The purpose of the Zoning Chapter is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Zoning Chapter to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board of Adjustment may grant relief from the requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standard: 14-6Q-4B, Exceptions to Established Setbacks Subsection 6Q-4B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of this Chapter and that conditions of Article W of the Zoning Chapter can be met. Unique Situation. The other three properties on this block contain buildings with setbacks of 0 to 5 feet. The required setback in the PRM zone is 20 feet but based on the set back averaging requirements it is reduced to 15 feet for this lot due to the building placement of the adjacent lots (see section 14-6Q-4). The property to the south was granted a yard reduction to 5 feet as part of a Sensitive Areas Development Plan in order to minimize construction activity on a regulated slope at the back of the property. The other residential building on this block has a legally grandfathered set back of 0 given that there were no setback requirements at the time the building was constructed. The office building to the north has a set back of 0, which conforms to the CB-2 zoning for that property. Given these circumstances this property is unique in that it is the only one on this block face which will be required to observe a setback greater than 5 feet. Practical Difficulty. The applicant could build a smaller building and set it back 15 feet from the property line. This would however result in a building placement that is inconsistent with the other properties on this block. This might also result in a fewer number of units being built in an area close to downtown and the University campus where the Comprehensive Plan encourages high-density development. Setback Review Standards. In addition to determining whether the situation is unique and if there is a practical difficulty, the Board has typically used the following standards to judge the merits of 3 requests for yard reductions. How substantial is the exception in relation to the requirement? A front yard reduction from 15 feet to 5 feet for the 75-foot width of the proposed building will result in a 55% reduction in the total front yard. Although this is a substantial reduction of the front yard in Staff's view, it may be warranted to allow the building to be consistent with the rest of the block. Will the specific proposed exception, if granted, increase the population density or affect the use of municipal facilities? Possibly. If the building is required to be set back 15 feet it will need to be smaller and therefore might contain fewer units or bedrooms. However it is a goal of the Comprehensive Plan to encourage high-density residential development in this neighborhood close to downtown and the University campus. Will a substantial change or detriment to the neighborhood be produced by the exception? No, the reduced front yard will allow construction of a building that will be more consistent with the neighborhood than if it was set back 15 feet. Is there some feasible alternative for the applicant in lieu of the exception? As stated in the discussion of practical difficulty, the applicant could build a smaller building set back further from the street. However, this alternative would be out of character with the neighborhood. In view of the manner in which it arose and in consideration of the above criteria, would the interests of justice be served by granting the yard modification request? Staff feels that the interests of justice would be served by granting the front yard reduction. Although the reduction is substantial it will allow construction of a building consistent with the character of the neighborhood and the goals of the Comprehensive Plan. General Standards: 14-6W-2B, Special Exception Review Requirements The applicant's statements regarding each of the general standards are included within the attached application. Staff comments regarding the special exception application were covered above. Appropriate specific comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. 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. One intention of front yard requirements is to create a consistent building pattern along a street. Approval of the requested yard reduction will result in the proposed building being placed consistent with the other buildings on this block face. The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The Comprehensive Plan encourages high-density residential development in an urban pattern in this neighborhood. Approval of this yard reduction will help further this goal. STAFF RECOMMENDATION: Staff recommends that EXC03-00015, an application for a special exception to reduce the required front setback from 15 feet to 5 feet for an apartment building at 512 S. Dubuque Street be approved. ATTACHMENTS: 1. Location map 2. Site Plan Approved b 'Ka/in Franklin, Director D6partment of Planning and Community Development APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14., CHAPTER 6, ARTICLE W DATE: October 15: ?.(313q PROPERTY PARCEL NO. 1015297912 APPEAL PROPERTY ADDRESS: 512 S. Dubuque Street. Tnw~ APPEAL PROPERTY ZONE: CB-2* APPEAL PROPERTY LOT SIZE: 80'x150' APPLICANT: CONTACT PERSON: Name: PROPERTY OWNER: Name: Name: University View Partners Address: 414 E. Market Street, Phone: 631-1869 Jim Clark Address: 414 E. Market Street, Iowa Cit~ Iowa Cit~ Phone: 631-1869 Greqory .V.H mm~m~n Address: 512 S. Dubuque St., Iowa City. Phone: 319-338-6921 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Reduction of front yard to 5 feet; 14-6Q-4B Purpose for special exception: To reduce front yard for new building to be constructed Date of previous application or appealfiled, if any: None * property is currently zoned CB-2, but an Application for Rezoning is pending before the City Council. The Planning and Zoning Commission recommended 70 rezoning to PRM. -2- INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property: Lot 7 and the South 10 feet of Lot 8, in Block 9, in that part of Iowa City, Iowa, laid off as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of jOhnson County, Iowa. B. *Plot plan drawn to scale showing: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. [*Submission of an 82" x 11" bold print plot plan is preferred.] Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrativ__e state~m~nt, set forth the grounds offered as support for the special exception. ~ © See attached sheet .... The applicant is required to present specific information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2B2, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. Reducinq the front yard requirement will allow for development of the property consistent with others in the area and will not affect neighboring properties or public health, safety, comfort, or general welfare. -3- 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 and impair property values in the neighborhood. Redevelopment of the property will neighborhood. The building has been designed to minimize impace on adjoining properties a~d will not be injurious to the use or enjoyment of those properties. 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 zone in which such property is located. The surrounding properties are recently developed or remodeled' and the proposed change to the affected property will have no effect on the - development and improvement of the surrounding properties. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All necessary facilties exist or will be provided as part of t~ o redevelopment of the property. ~-~ _~ c3 Adequate .measures have been or will be taken to provide' ingr~s or designed so as to minimize traffic congestion on public streets. c:~ess Redevelopment will close off an existinq entry onto Dubuque Street and traffic will ingress and egress off the public alley to the rear of the property. This is the preferred method of access. -4- 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Sect;~,n 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] The proposed redevelopment will conform to all applicable regulations, with the possible exception of minor modifications which can be granted administratively· The proposed use will be consistent with the short-range Comprehensive Plan ofthe City. The proposed use of the property, multi-family housing, is consistent with the comprehensive plan for this area. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS Attached. -5- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless .the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Date: Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. · ~~TY VIEW P/~TNER_S _ // r / im'' Clark Si[~nature(s) of Applicant(s) Date: ,19 ppdadmin\appboase.doc Signature(s) of Property Owner(s) if Different than Applicant(s) University View Partners Special Exception 512 S. Dubuque Street Item C. The Applicant proposes to redevelop the property for multi- family residential housing. The property is currently vacant and was formerly occupied by a veterinary clinic. The Applicant has a signed contract to purchase the property, subject to certain contingencies. The property is currently zoned CB-2, Central Business. The Applicant has previously filed an Application to have the property re-zoned. The Planning and Zoning Commission unanimously recommended re-zoning the property to PRM, Planned High Density Multi-Family Residential. The application for re-zoning is currently pending before the City Council. The property currently has vehicular accesses both off of Dubuque Street and the public alley abutting the property to the east. As part of redevelopment the access off Dubuque Street will be closed and all vehicular access will be from the rear of the property. Access from public alleys to multi-family housing is preferred. Additionally, the Applicant is seeking vacation of a portion of the alley behind the main tract to allow for required buffer for parking on-site. The Planning and Zoning Commission unanimously recommended vacation of a portion of the alley and the vacation is now pending before the City Council. The proposed redevelopment of the property is consistent with the provisions of the comprehensive plan relating to the area. Y:\WPDOCS\Pship\CL~_RK ~ARTNERSHIPSkUniversity View Partners\512SDubuque\Special Exception - Item C.wpd STAFF REPORT To: Board of Adjustment Item: EX03-00016 570 Dublin Drive GENERAL INFORMATION: Applicant: Contact Person: Prepared by: Robert Miklo Date: November 12, 2003 Church of Jesus Christ of Latter- Day Saints David Brost Brost Architects and Planners 4209 Twin Ridge Ct. S.E. Cedar Rapids, IA 52406 Phone: 319 366 8531 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code requirements: Approval of a special exception to permit the establishment of a religious institution in the RS-5 zone and reduction of the front yard from 65 feet to 50 feet. Construction of a Chruch of Christ of Latter-Day Saints 570 Dublin Drive 4.47 acres Vacant North: South: East: West: Residential; OPDH-8 Vacant; RS-5 West High School; P Residential; RS-5 Residential 14-6D-2D, religious institutions permitted by special exception in the RS-5 zone; 14-6L-10, additional regulations for religious institutions; 14-6Q-4B, Exceptions to Established Setbacks; 14-6W-2B, Special Exception Review Requirements File Date: October 16, 2003 BACKGROUND: The applicant is requesting a special exception to allow the construction of a religious institution - a Church of Christ of Latter-Day Saints and associated parking lots. In addition the applicant has requested a reduction of the required front yard from 64 feet to 50 feet to allow the church building to be built closer to the street. The request for the yard reduction was suggested by staff as a means of making the proposed church building more prominent on the site and thereby toning down the appearance of the parking areas. The applicant has also requested that the special exception be granted for a period of two years rather the standard six months. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-6L-10, pertaining to religious institutions in the RS-5 zone; 14-6Q-4B, pertaining to exceptions to Established Setbacks; and the general standards for special exceptions as set forth in Section 14- 6W-2B. Specific Standards: 14-6L-10, Special Exceptions: Religious Institutions. This section requires that religious institutions have access to a collector or an arterial street. This property is located on Dublin Drive a collector street. Melrose Avenue, an arterial street is located approximately 1000 feet to the north. Section 14-6-L'10 specifies that religious institutions in the RS-5 zone are required to have a minimum lot area of 40,000 square feet or just under one acre. This property is 4.47 acres. Section 14-6-L-10 also specifies religious institutions must be setback 2 feet for every one-foot of building height. The applicant is requesting that the front yard set back be reduced from 64 feet required for a 32-foot high building to 50 feet. Provided a special exception is granted for the front yard reduction, the specific requirements for a religious institution in the RS-5 zone will be met. If the special exception for the yard reduction is not granted the special exception for the church may be granted provided that the building is set back 64 feet from the Dublin Drive property line. General Standards: 14-6W-2B, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; 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, and 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 zone in which such property is located. The proposed church will be located adjacent to West High School, a large institutional type use, and Melrose Meadows, an elderly housing development. The properties to the west and south are vacant but zoned for single-family housing. In staff's opinion a church in this location will not significantly alter the character of the neighborhood provided that the effects of the large parking lots are minimized. The applicant has indicated that many of the proposed parking spaces will be needed only two times per year when large meetings will be held at the church. The zoning ordinance requires 128 parking spaces for a religious institution of this size. The applicant is proposing 244 spaces - 90% more than required by the zoning code. The applicant has proposed to use "Geolink" turf stone for 71 parking spaces. This will allow for parking areas that have the appearance of a lawn rather than a paved area. Staff is concerned that even with 71 spaces being non conventional spaces, the church may be providing an excessive number of parking spaces - especially since many of the spaces will be used only a few times a year. Staff recommends that the 71 spaces be "landbanked" and installed only if the church is able to demonstrate that they are needed on a regular basis. If the spaces are only needed a couple of times a year, on-street parking will be available on nearby streets. Although it is not desirable to have parking from large institutional uses on residential streets on a regular basis, staff believes that it is better to use the public streets for overflow parking when it occurs on rare occasions, rather than introducing large parking lots into a residential neighborhood. In addition to on-street parking it may be possible for the church to make arrangements to use spaces located at West High on the rare occasions when overflow parking is needed. The plan shows landscaping along the north and south sides of the parking areas. The zoning code requires additional screening, such as a hedge 3 to 4 feet in height, along the most western parking spaces to screen them from residential lots located west of Dublin Drive. The plan should specify the size and type of shrubs or bushes to be used. Staff also recommends that the landscape peninsulas located within the parking areas contain ornamental trees to further enhance the parking areas and make them more compatible with a residential neighborhood. The proposed reduction in front yard set back will bring the church building in front of the beginning of the parking areas and should help partially conceal them from the street and future homes in the area. In staff's view this will help make this project more compatible with the future residential neighborhood planned for this area. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Two driveways from Dublin Drive are proposed to the parking areas. The internal drives provide for a clear circulation route through the property. Dublin Drive is a collector street with good access to Melrose Avenue, an arterial street. Traffic generated by the church will pass by only 9 single-family lots before reaching Melrose Avenue. 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. Provided that a special exception is granted to allow a front yard reduction and additional landscaping is provided to screen the parking areas from adjacent single family lots, the proposed church complies with the dimensional and parking requirements for religious institutions in the RS-5 zone. The subdivision legal papers for Galway Hills require that the developer install a sidewalk between Dublin Drive and West High School. This walkway will need to be built before a building permit is issued for the church. The proposed use will be consistent with the short-range Comprehensive Plan of the City. The Southwest District Plan, a component of the Comprehensive Plan, identifies this area as appropriate for residential uses. Institutional uses which are well designed and located such that they do not generate excessive amounts of traffic on residential streets can be compatible with residential uses. Staff beliefs if concerns about the excessive size of the parking areas are addressed, and with additional screening and landscaping of the parking areas, this church will be compatible with the surrounding neighborhood. STAFF RECOMMENDATION: Staff recommends that EXC03-00016, an application for a special exception to allow construction of a religious institution, a Church of Christ of Latter-Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Low-Density Single- Family zone at 570 Dublin Drive be approved subject to the 71 spaces in the northern parking area being "landbanked" and installed only upon evidence to the satisfaction of the Director of Planning that the spaces are necessary to provide for the needs of the church, general compliance with the site plan, provision of a landscape hedge to screen the parking areas from adjacent residential uses and trees being added to the landscape peninsulas within the parking areas. Staff also recommends that the term of the special exception be for a period of 2 years. ATTACHMENTS: 1. Location map 2. Proposed Site Plan 3. Elevation Drawing Approved by:'~~~.,'~, K~ri/' Franklin, Director, Department of Planning and Community Development T/pcd/boa/casefiles APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: !0/!6/03 PROPERTY PARCEL NO. APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: RS-5 DUBLIN DRIVE' (SEE LEGAL DESCRIPTION) APPEAL PROPERTY LOT SIZE: 4.47 ACRES APPLICANT: DAVID L. BROST, BROST ARCHITECTS Name: PLANNERS, LTD., REPRESENTING THE CHURCH OF JESUS CHRIST OF LATTER-DAY Address: 4209 TWIN RIDGE CT. SE SAINTS P.O. BOX 1109 Phone: CEDAR RAPIDS, IOWA 52406 319-366-8531 '~CONTACT PERSON: Name: DAVID L. BROST BROST ARCHITECTS & PLANNERS,LTD 4209 TWIN RIDGE CT. SE Address: P.O. BOX 1109 ' CEDAR RAPIDS, IOWA 52403 Phone: 31~-g66-8531 PROPERTY OWNER: Name: DAV-ED LIMITED !8 DONEGAL PL. Address: IOWA CITY, IOWA 52246 Phone: 319-337-4818 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: 14-6D-2, PARA.D.~.2. & 14-6L-1, PARA. (t-, Purpose for special exception: TO ALLOW CONSTRUCTION OF A NEW LATTER-DAY SAINTS CHURCH Date of previous application or appeal filed, if any: N/A -2- INFORMATION TO BE PROVIDED BY APPLICANT: Legal description of property: SEE ATTACHMENT A. *Plot plan drawn to scale showing: SEE ATTACHED. 2. 3. 4. 5. Lot with dimensions; North point and scale; Existing and proposed structures with distances from property lines; Ab,J~ing streets and alleys; Surrounding land uses, including the location and record owner of property opposite or abutting the property in question; Parking spaces and trees - existing and proposed. each [*Submission of an 822' x 1 1" bold print plot plan is preferred.] Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review Which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. -t~DEAL LOCATION FOR A NEW IOWA CITY STAKE CENTER FOR THE LATTE~P~DAY S~LNTS. SITE IS NEAR A MAIN STREET ARTERY (MELROSE) AND LOCAL HIGH S 11'~ FUTURE RESIDENTIAL AREA. :'(SEE ATTACHMENT B). The applicant is required to present specific information, not just o~ions, ~at the general standards for the granting of a special exception (Section 14-6W-~, City Code), enumerated below, will be met: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. NEW CHURCH WILL BE FIRST CLASS CONSTRUCTION WITH BRICK VENEER. SITE WILL BE'LANDSCAPED IN ACCORDANCE WITH LANDSCAPE ORDINANCE. ALL FEATURES WILL BE MAINTAINED. -3- 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 and impair property values tn the neighborhood. THE NEW CHURCH WILL ADD TO THE.PROPERTY VALUES. ALL DESIGN IS IN ACCORDANCE WITH THE LATTER-DAY.~.SAINTS STANDARDS. (SEE ATTACHMENT B). Establishment of the specific proposed exception will not impede the normal and orderly development and :,mp,~ve,,,~,,,+ of ~h~.. ~ surrounding property for uses permitted in the zone in which such property is located. BEEN -, DEVELOPMENTur ...... ~n~S SUD~,VIS' ~"",v,~ HAS~DESI~'~'~ SP~'1~l¢'^'' v FO~ RESIDENTIAL LOTS AND THE NEW CHURCH SITE. (SEE. ATTACHMENT B). Adequate utilities, access roads, drainage and/or necessary faciiiti~have i~en or are being provided. ALL UTILITIES WILL BE EXTENDED TiO;.: THIS AREA Adequate-measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on Public streets. ALL STREETS HAVE BEEN DESIGNED FOR PROPER INGRESS & EGRESS IN ACCORDANCE WITH CITY STANDARDS. o -4- 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Sect;eh 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] t4-6L-1, PARA. O. RELIGIOUS INSTITUTIONS.- SEE SITE PLAN FOR OFF-STREET PARKING REQUIREMENTS AND TREE REGULATIONS.. (SEE ATTACHMENT 'D'') The proposed use will be consistent with the short-~ange Comprehensive Plan of the City. RELIGIOUS INSTITUTIONS ARE A SPECIAL EXCEPTION TO RS-5. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this app~eal: ~.~ NAME (SEE ATTACHED'~ - ATTACHMENT C) ADDRESS Oct, 15 03 04:21p Be,:st Rrchitects 3193668532 -5- NOTE: Cond'd~ons. In perrrfrtting a special exception, the Board may impose appropriate condJ'dohs and safeguards, including but not limited to planting soree~s, fencing, construction oomrnencement and oompletion deadlines, lighting, operational controls, improved traffic =irculatJon requirements, highway access restrictions, increased minimum yard requirernents, parking requirements, limltatlons on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions' are necessary to fulfilt the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3. City Code). Orders. 'Unless otherwise determined by the Board. all orders of the Board shall ~six (6) months from the date the written decision is tiled with the City Clerk, unless, the applicant ;hall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Boa~'s decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board ,,-nay extend the expiration date of a~y order wlthout further public headng on the merits of the original appeal or application. (Section 14-6W-3E. City Code). Date: Petition tot writ of certiorari. Any person or persons, jointly or severally, aggrieved by any de~ision of-the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, depa,[,.ent or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in · vhole or in part, and specifying the grounds of the illegality. {Section 14-6W-7. City Code). Such petition shall be presented to the court within thirty (301 days after the filing of the decision in the office of the City Clerk. , / ppdadmtmappboase.doc Signature(s) of Applicant(si Sk~n~'tureisi of Propert~ Ow~ie'rls) if Different than Applicant{s) Sent by: MMS CONSULTANTS~ TNC. 3193518476; 10/01/ 0:47AM;d~ #523;Page 1/I A5 :HHENT A LEGAL DESCRIPTION I,ot 152 of Galway Hills Subdivision- Pm Seven, Iowa City, Johnson County, Iowa; except there from, Auditor's Parcel 2003126, in accordance with the recorded plats thereof. Said Parcel contains 4:48 a=res more or less, and is subject to e~ements and restrictions of record. 2g0~.Zg65.2965013,B.m I 1#¢ I. W~3tq _ ~ ~ _ ~.~ Fax~ ~q_~-~ . ~4~ ~ Attachment B C. Rationale and Grounds in Support of the Requested Special Exception: The Church of Jesus Christ of Latter Day Saints (Church) is applying for a Special Exception to build a building and parking facilities on Dublin Drive (the Building) to accommodate current and anticipated increases in Church membership. The Church plans to use the Building as a place Of worship, a locale for social and educational . Religious services are currently held in a building at 2730 Bradford Drive which is located on the east side of Iowa City and at 503 Melrose Ave, just across from the .......... .~ ...... ,~ campus, where a Branch of unmarried students meet. This request ~Br a special exception to build ~other church building will allow the c~ent ch~ch membership to split so that a potion will continue to a~end the buildings at 273 0 Bradford Drive ~d 503 Melrose Ave, ~d the remai~ng potion will a~end the new L, ttt!ctl!!g r,l~ ~ubhn Drive. ~ellglo,~ ~ ~;~ will held ~e Ch~ch members in the Iowa City-Cor~ville ~ea ~d a l~ge, s~o~ding region extending roughly ~om Tipton to Washington to No~ English. The nmber of members using ~e Bradford Building h~ risen steadily for m~y ye~s. Total membership for the ~ee w~ds of the Iowa City First, Second ~d Fo~h w~ds reached ~900 members at the end of 2002. In addition, ~e Iowa Ci~ Third Brach, composed of ~ed students ~at meet at 503 Melrose Avenue, has 65 people aAending each week Mth a total membership of about 100 people. Demographic trends indicate that ~other W~d will be required in the relatively ne~ furze. Membership grow~ ~d ~e admi~s~ative requkements of ~o~er w~d necessitate ~e bulling of ~e new building ~d the p~hng spaces that will be required to se~ice those a~ending the building. The heaviest use of the proposed Building will occur on Sundays, the Church's day o£worship. In the current Building at 2730 Bradford Drive, the Iowa City First Ward meets for a three~hour block of meetings from 9:00 a.m. to noon, when approximately 220 members attend services. The total membership of the Iowa City First Ward is approximately 450 people. The Second Ward meets from 11 a.m. to 2 p.m. with~ average a~endance of 320 members. The total membership of the Iowa City Sect~ra~) Ward is approximately 480 people. The Fourth Ward meets from 1 p.m. to 4 p.n~.~ an attendance that is usually about t 70 members. The total membershir) of the Ifi~'~it~.- Fourth Ward is about 185 eo le The ro ose * ' ' ' m' p p · p p d Bml&ng wall be located well v~.-'n(the current Second Ward's boundaries. A few members of that ward will be able to~ to the Building. Most of them, however, and ail members of other wards that will ~t~ church at the building, will depend upon their automobiles to attend church. P~i-~ mansportation is not available, of course, because the Iowa City bus system does not operate on Sundays. In addition, to the Iowa City membership that will use the Building on a regular basis, the proposed Iowa City building will serve as a Stake Center (a stake is a region encompassing ~10 LDS Wards or Branches). The current Iowa City Stake encompasses an area from Tipton to Muscatine to Fairfield to Ottumwa to Belle Plaine to Iowa City. There are currently approximately 2,400 members of the LDS church residing within these boundaries. Twice a year, conferences will be held at the proposed building with an expectation that 1,000-1,200 people would attend, with parking for approximately 250 to 260 vehicles required. At various other times during the year, smaller groups will also used the proposed Building for meetings or activities. The parking for the proposed Building is likely to be near capacity each Sunday to accommodate the vehicles that will attend church services at the Building each week. The parking demands are expected to remain high as membership growth occurs in the near future, in areas requiring transpmtation to the Building by automobile. ..x3/2hen another ......*;^~ FiPuh '' T^ ~, .... .,o.,.~,.sa~,u~, (Iowa , ~,~ ~ ~uj is created in the ~owa c~ty ~ea, two of the five congegations Mll meet in the new Building. ~e t~ee-ho~ m~e,,~,~ blocks, for the ~,~eg~,~n~ ~':- m,,m~g inthe ~undmg, would probably be as follows: Iowa City Second Ward Iowa City Fifth Ward 9:00-12:00 1:00-4:00 This schedule would minimize parking congestion, although there will still be various members (up to 30) that would arrive at the church early on given Sundays for various meetings that would require the availability of the necessary parking. The schedule described above is standard practice when two congregations share the same building. The Building will also be used on days other than Sunday, particularly Wednesday and Thursday evenings when the two wards would hold their youth activity nights. Many programs take place in the Building on weekday evenings, includ_~ meetings of the adult women's organization, cub scouts, boy scouts, prozrams f~O teenage and pre-teenaged girls, the operation of a genealogical/family his~torv c~ut~. adult religious eduCational classes, sporting activities (ie basketball °ames ~i~e~.~tcS-" and.ecclesiast!cal counseling. Although the total number of persons using the'B:m,'!F:!ing~ on those evemngs does not usually reach the levels experienced on Sundays, people at a time ma), be using the Building on Some weeknights. 2:~ ~' In sum, a new building with adequate parking are needed as local church membership grows and a new ward is organized to accommodate the needs of the church membership. The special exception sought will make those changes possible. The General Standards for Granting A Special Exception Will Be Met The Proposed Exception for Construction of a Place of Worsh/p Will Be, an Asset to the Community and Will Preserve The Public Health, Safety, Comfort. and General Welfare of the Surroundina Neighborhood The proposed Building construction and its parking facilities will be an asset to the community. It will be planned and constructed so as not to detrimentally affect the surrounding neighborhood. Although the Building will be used primarily for the benefit of Church members, it will provide a number of benefits to the com_muniW at large. _in pa~icu!~_~: Nomnembers are always welcome to participate in Church services and activities. b. Nonmembers participate in the Church's scouting and other youth programs. Co Periodically, the Church will sponsor open houses in the Building to which · ~,.le~,ed members of the com_t'T,~.Lnj~7 are invited. The Building will house a Family History Center that is likely to be heavily used by nonmembers. The Family History Center currently housed at 2730- Bradford Drive is used heavily by nonmembers. The center will contain a core collection of genealogical research material and indices to the extensive microfilm holdings housed in the large Family History Center Library in Salt Lake City, Utah. Patrons of the local Family History Center order films from Salt Lake City, which they then use for their personal family research on the equipment located in the Building. The Church has entered an agreement with the national Red Cross organization under which the Building can be used, under Red Cross supervision, as an emergency shelter in the event ora local disaster. For these reasons, the construction oft. he Building, necessary for the continued vitality of the local Church organization, will benefit the community at large as well. © 2. .The Proposed Exception Will Protect The Use And Enjoyment Of The ..Property Owners In The Immediate Vicinity And Will Preserve Or Enh Properl-y Values In The Neighborhood ~ ~- --. __ _ . · ?he ,.,Church.h. asa firm pohcy and excellent track record for maintain/n~'" propemes, lne parking area will be professionally landscar)ed and maintaine~'~th,~ --- protecting the quality of the neighborhood. A budget will b'e allocated for desi-~rfi~n~ an~t:~ ~nstalling the landscaping. Thereafter, landscaping at the Building will be professionally maintained by a local lawn and yard care company. The standards of the Church prohibit the use of alcoholic beverages, tobacco products, and illegal drugs and generally emphasize respect for others and compliance with the law. All uses of the Building are subject to these standards, which are particularly important in a neighborhood adjacent to a large high school. Granting a Special Exception Is in Harmony with the Current Uses of thc Surrounding Properties and Will Not Impede the Normal _~_n_d Orderly Develor~ment Of Allowed Uses in the Area Granting the special exception will permit the Church to continue its existing activities. Church memh~sh;p ~,,,; ..... to ~ow, and the expansion of facilities contemplated by this application will enable that gc~wth to occur with a minim-mm of impact on the ...... :- ~,u, ~ ound,,g area. ..Request That the Board's Order Not Expire for Two Years Under Iowa City Code section 14-4B-5.E, Board of Adjustment orders expire after six months unless the approved use or construction has commenced. That section also authorizes the Board to extend the expiration date of its orders upon written request and for good cause shown. A substantial an~otmt of planning and preparation will be required before the work covered by the special exception can commence. The administrative process required for the creation of a fifth ward is extensive and includes an application to and approval from Church Headquarters in Salt Lake City, Utah. Until that step is taken, final contractual commitments for the construction of the Building and its parking lot can not be made. The Church plans to move expeditiously in carrying out the expansion, but there is a possibility that the work will not be substantially completed within six months of the Board's approval., We therefore ask that the Board's order not expire for a period of two years to make that possible without seeking further approvals. ATTACHMENT C Galway Hills Part 7 Adjacent Property Owners 300' JvlMs Project # 2865~013E Melrose Retirmetaet Comm. LLC 100 Cou.,-t Ave Suite 212 Des Moines, IA 50606 Day-Ed Limited 18 Donegal PL Iowa City, IA 52246 Iowa City Comm. School District ~,uouque Street Iowa City, IA 52240 J'ohnson County Auditor's Office 'DNT ATTACHMENT D: REQUESTS FOR VARIANCES: 1. 14-6L-1, Para. O., 2b. Minimum Yards: Ridge Ht. - 32' x 2 = 64' Front Yard Req. Request approval of 50' as suggested by City Staff. 2. Extend Expiration Date of Board of Approval to (2) Years.