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HomeMy WebLinkAbout12-10-2003 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, DECEMBER 10, 2003- 5:00 PM EMMA J. HARVAT HALL, CIVIC CENTER A. Call to Order B. Roll Call C. Consider the November 12, Board Minutes D. Special Exceptions: EXC03-00018 Discussion of an application submitted by U.S. Cellular for a special exception to allow a utility substation facility, specifically telecommunications equipment shed, on the rooftop of the hospital in the Commercial Office (CO-1) zone at 500 Market Street. 2. EXC03-00019: Discussion of an application submitted by the School for the Performing Arts for a special exception to allow a school of specialized instruction, specifically a music and acting school, for property in the Central Business Service, CB-2 Zone, at 209 North Linn Street. 3. EXC03-00020: Discussion of an application submitted by Jason Tjarks for a special exception to allow expansion of a commercial recreational use, specifically to allow a laser tag arena, for property in the Community Commercial, CC-2, Zone, at 1605 Sycamore Street (Sycamore Mall). E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING JANUARY 14 MINUTES iOWA CITY BOARD OF ADJUSTMENT NOVEMBER 12, 2003 - 5:00 PM EMMA J. HARVAT HALL - IOWA CITY CITY HALL MEMBERS PRESENT: Mike Paul, Vince Maurer, Eric Gidal, Dennis Keitel MEMBERS ABSENT: Carol Alexander STAFF PRESENT: Robed Miklo, Sarah Holecek OTHERS PRESENT: Dave Brost, Lynn Bailey, Andrew Hall CALL TO ORDER Chairperson Mike Paul called the meeting to order at 5:03 PM. ROLL CALL Paul, Gidal, Maurer and Keitel present. CONSIDERATION OF THE OCTOBER 8, 2003 BOARD MINUTES MOTION: Maurer moved to approve the October 8, 2003 minutes as submitted. Gidal seconded the motion. Motion carried 4-0. Chairperson Paul read the Opening Statement of the Board of Adjustment. SPECIAL EXCEPTIONS EXC03 - 00014 Public Hearing regarding 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. Miklo reported the applicant wishes to build an addition to a single-family residence. The addition would square off the rear of the house. A portion of the existing house already extends into the south side yard, reducing it from five feet to two feet as a legal nonconformity. The reduced side yard abuts an alley. Miklo stated that staff believes that the specific standards for a yard modification have been met. He said this exception qualifies as a unique situation as the lot size is extremely small, 2,800 square feet, and is located in a zone where the minimum lot size is 5,000 square feet. A lot of this size does not leave the applicant with many options for additions to the house. Miklo said if the applicant were to set the proposed addition back another 3 feet from the south (rear) property line, it would require a break in the roofline and would be out of character with the original design of the house. Because this home is located within an area being studied by the Historic Preservation Commission for designation as a National Historic District, it is important for any addition be compatible with the original design of the house. Therefore, in order to maintain the roofline and keep the character of the historic architecture of the house, the exception would be preferable to strict compliance with the code. Miklo stated that staff feels the interest of justice would be served by granting the side yard reduction. The reduction is minor. Because the side yard in question abuts an alley, there will no negative effect on the adjacent building. Additionally, the proposed addition requiring the side yard reduction is the best alternative in maintaining the historical characteristics of the existing house. Miklo reported that in staff's opinion the general standards, which should be considered by the Board, have been met. He said the proposed special exception would not be detrimental to or endanger public health, safety, comfort or welfare. In addition, he said it would not be injurious to the use and enjoyment of other property in the immediate vicinity and would not substantially diminish or impair property values Iowa City Board of Adjustment Minutes November 12, 2003 Page 2 in the neighborhood. Miklo also said the proposed exception would be consistent with the Comprehensive Plan. Miklo stated that staff recommends EXC03-00014, an application for a special exception to reduce the required side yard setback from 5 feet to 2 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. In response to a question from Gidal, Miklo said the historical preservation staff approval is due to the fact that one of the justifications for the reduction is to allow the house to be added onto in a manner consistent with its current architecture. The applicant has submitted a plan showing this is his intent. However, the property could be sold in the future and the new owner could use the special exception and not be sympathetic to the character of the house. This condition would prevent this from happening. In response to a clarification from Holecek, Miklo confirmed that the house is not currently in a zone that requires review from the Historical Preservation Commission. Public Hearing Opened There was none. Public Hearing Closed MOTION: Keitel moved to approve 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, approved subject to historical preservation staff approval of any addition to the home. Gidal seconded the motion. Keitel said he was voting in favor of the application because all requirements have been met; it would not impede access to the alley because the addition will not extend beyond the existing house which is already 2 feet from the property line, and it is a unique situation given the narrow width of the lot. Gidal said he was in favor because of the unique situation, the proximity to the alley, and the interest of historical preservation all seem to warrant granting this exception. Maurer stated he would also vote to approve. Paul said he would vote to approve for the reasons previously stated. The home abuts an alley and it would not be detrimental to any neighbors. Also, because of the district in which the home is located and the owner is trying to comply with potential future historical preservation, and it is consistent with the City Comprehensive plan. The motion was approved on a vote of 4-0. Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's office. EXC03-00015 Public Hearing regarding 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 in the Central Business District (CB-2) Zone at 512 S. Dubuque Street. Miklo reported the applicant wishes to construct a 12-unit apartment building on this property. They wish to construct the building within 5 feet of the Dubuque Street property line, allowing the building to cover more of the lot and 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. Iowa City Board of Adjustment Minutes November 12, 2003 Page 3 Miklo stated that staff believes that the specific standards for a yard reduction have been met because it is a unique situation in that it is the only building on this block face which will be required to have a setback greater than 5 feet. Miklo stated the applicant could build a smaller building and have a 15-foot setback from the property line but this would result in a building placement inconsistent with the other properties on the block. Also, a smaller building would result in fewer units being built in an area close to downtown and the University Campus where the Comprehensive Plan encourages high-density development. Miklo reported that in Staff's opinion the general standards, which should be considered by the Board, have been met. He said the proposed special exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and would not substantially diminish or impair property values in the neighborhood. Also, the proposed use will be consistent with the Comprehensive Plan. Mikio said one intention of the front yard requirements is to create a consistent building pattern along a street. Although the reduction is substantial, it would allow the construction of a building consistent with the character of the neighborhood and street. Also, the building would be consistent with the goals of the Comprehensive Plan of encouraging high-density residential development in this zone. Miklo stated that staff recommends 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. In response to a question from Keitel, Miklo said the 15-foot setback requirement is based on a PRM Zone. The CB-2 Zone setback is zero. The applicant is seeking to build under the PRM Zone requirements. The current status of the rezoning is pending but all indications are that it will be approved. Public Hearinq Opened There was none. Public Hearinq Closed MOTION: Maurer moved that EXC03-00015, an application for a special exception to reduce the required setback from 15 feet to 5 feet for an apartment at 512 S. Dubuque Street, be approved. Keitel seconded the motion. Maurer said he was in favor because it would not be injurious to the use and enjoyment of other property as it would fit in with the pattern on the street. The exception would not diminish property values in the neighborhood, and might even enhance the values. The proposed use would also be consistent with the Comprehensive Plan. Gidal stated he would vote in favor because of the consistency with the Comprehensive Plan. He also said that if we are encouraging high-density residential developing in the neighborhood, this goes along with that goal. Paul said was in favor due to fact of the change in zoning and the consistency with the Comprehensive Plan. Also, the appearance of conformity that we try to maintain along a streetscape applies to the unique situation, practical difficulty and set back review standards. It is a substantial setback reduction but the consistency factor will help the neighborhood, and it will not cause a great increase in population or use of municipal utilities. Keitel said he would also vote in favor. The motion was approved on a vote of 4-0. Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's office. Iowa City Board of Adjustment Minutes November 12, 2003 Page 4 EXC03-00016 Public Hearing regarding an application submitted by Davis 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. Miklo reported the applicant is requesting a special exception to allow the construction of a religious institution, associated parking lots, and a reduction of the required front yard from 64 feet to 50 feet to allow the church 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 than six months. Miklo stated the property is zoned Low Density Single-Family (RS-5) and the zoning ordinance does contain a provision allowing religious institutions in this area to be approved by special exception if certain conditions are met as well the general special exception conditions. Miklo said that the staff's believes that the specific standards have been met as the property is located on Dublin Drive, which is a collector street. Melrose Avenue, which is an arterial street, is located about 1000 feet to the north. In addition, religious institutions in the RS-5 Zone are required to have a minimum lot acre of 40,000 square feet, or just under one acre. This property is 4.47 acres. Miklo also said the applicant, on staffs advice, is requesting that the front yard set back be reduced from 64 feet required for a 32-foot high building to 50 feet. This proposed reduction in the front yard set back would bring the church building to the front of the beginning of the parking areas and help conceal them from the street and future homes in the area. If 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. Miklo reported that in staff's opinion the general standards, which should be considered by the Board, have been met. The specific proposed exception would 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. The 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 measures have been or will be taken to provide egress or ingress designed so as to minimize traffic congestion on public streets. Except for the specific regulations and standards applicable to the exception being considered, the proposed exception, in all other aspects, conforms to the applicable regulations or standards of the zone in which it is to be located. The proposed use will be consistent with the short-range Comprehensive Plan. Miklo stated there are currently not any homes on the west side of Dublin Drive but there will eventually be up to nine single-family homes between where the traffic will enter and exit the church and Melrose Avenue. Miklo said the proposed church would be adjacent to West High School and Melrose Meadows, an elderly housing development. Miklo said that in staff's opinion, a church in this location would not alter the character of the neighborhood provided that the effects of the large parking lots are minimized. The zoning ordinance requires 128 parking spaces for a religious institution of this size. The applicant is proposing 244 spaces. The applicant has indicated that many of the proposed parking spaces will only be needed a few times per year when large meetings will be held at the church. The applicant has proposed to use "Geolink" turf stone for the additional 71 parking spaces. This would allow the extra parking area to have the appearance of a lawn rather than a paved area. The staff has recommended that the 71 spaces be landbanked and only installed if the church is able to demonstrate that they are needed on a regular basis. Miklo stated the Zoning ordinance requires additional landscape screening, such as a hedge 3 to 4 feet in height, along the west parking spaces to screen them from residential lots west of Dublin Drive. The plan shows landscaping along the north and south sides of the parking areas. Staff also recommends the landscape peninsulas located in the parking areas contain more ornamental tees to further enhance the parking areas and make them more compatible with a residential neighborhood. Iowa City Board of Adjustment Minutes November 12, 2003 Page 5 Miklo also noted 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. Miklo stated that the 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. In response to a question from Gidal, Miklo stated the church property would abut the West High School property. There will be a sidewalk on the northern part of the church property that would provide direct pedestrian access to West High School. In response to a question from Keitel, Miklo said the 1.03-acre parcel where the sidewalk will be constructed is currently in sales discussion with Melrose Meadows Retirement Community and they may be purchasing this property. This parcel is a part of the storm water detention area and the City Engineers have reviewed and determined the existing storm water facilities are adequate to serve the proposed church building and parking lot. Miklo said in response to a question from Paul that the areas around the landbanked area could be maintained as a grassy lawn. The evidence required for the Director of Planning to approve additional parking would come from the church in that they could prove the current parking is full during Sunday services and they could be determined through photos and site visits. Gidal questioned if the Church anticipates any problems with West High students parking in the church lot. Miklo said he was unsure, but Paul said West High has recently added more parking, and parking does not seem to be an issue right now. Public Hearinq Open Dave Brost from Brost Architects was present to address the Board. Keitel asked Brost if the 159.8 feet area behind the rear of the building is being reserved for future expansion. Brost said that it is his understanding that this is a full building and would not be expanded. Brost explained the site plan as presented to the Board. He said the plan shows 244 parking spaces, with 71 of the spaces being on the Geolink block. The use of the Geolink block was suggested to the applicant and is viewed as somewhat of a compromise for the Church. The Church would prefer this area be paved, as they believe the parking spaces will be needed. Brost also said they are in agreement with all of the City's recommendations except for the issue of additional parking. Brost noted the occupancy and exiting plan for the church. The proposed church would be approximately 25,000 square feet and would become a "Stake Center" for the Eastern Iowa area. Brost explained that a "Stake Center" encompasses several churches throughout Eastern Iowa and it was originally stated that there would be meetings held there twice a year. He said this use was understated. The parking as figured was based on the occupancy load for the largest room in the building, which is like a gym, but would actually be used for additional seating as it adjoins the chapel area. Because all of these areas could be used simultaneously, there could be over 1200 people occupying this space at one time and more than twice a year. This would require that at least 203 parking spaces based on the city requirement of one space per 6 occupants. Lynn Bailey, the Area Real Estate Manager for the Church of Jesus Christ of Latter Day Saints was present to address the Board. Mr. Bailey is from Salt Lake City, Utah. Iowa City Board of Adjustment Minutes November 12, 2003 Page 6 Bailey stated his intent in being present at the meeting was to convey to the Board the purpose, of the proposed building. He said the church would have two Stake Conferences per year, two General Conferences per year, education week programs, and special training programs several times per year. They also have Fireside Meetings at the church as well as sports and drama events, and an agreement with the Red Cross for the church to be used as an emergency disaster shelter. Any of these uses would require the need for the proposed additional parking. In addition, Bailey said in order to get full use of the building, they structure their Sunday services for three separate congregations. The services for the congregation's overlap a bit and each congregation can have as many as 600 people attending, which would also trigger the need for the additional parking. Bailey addressed the idea of using on street parking as a possible solution for the parking issue. He said this idea greatly concerns him as safety is an issue and it is a concern for the neighborhood, as they want to be good neighbors and not congest the area. Also, in the winter it could be illegal to park on street due to snow removal needs. Bailey said the use of the Geolink in the additional church parking area could pose a safety issue as the grass that grow between the blocks can be wet and slippery. Also, snow removal in the Geolink area would be difficult. He said the proposed compromise of using the Geolink was not their suggestion and would prefer not to use it, they would like to pave the parking area. In addition, Bailey said they probably would not use all of the parking initially but in a few years they can see where they would need the additional parking on a regular basis. From an economics standpoint, it would be more advantageous to put in the parking now rather than wait and have to redesign the area. Bailey stated the idea of sharing parking with a High School, a reciprocal easement agreement, has proven to be problematic for the church in the past. They are difficult to manage, difficult to maintain, and it is difficult to determine who will carry the liability. Bailey referred to a handout, North American Meeting House Core Feature Requirements, which is a template used by the Church for information in constructing their churches. Bailey said they construct these buildings in a cookie cutter fashion, and they have learned how to build them in the most efficient way. This building can house approximately 1480 people at one time if all areas are utilized, and they have determined that the parking required for a building such as this is 230 spaces minimum and 280 maximum. Bailey concluded by saying they are concerned about safety and liability issues. They want to be good neighbors, making sure they don't create problems for the neighborhood. They are willing to do landscaping, fencing and what ever is needed to maintain the integrity of the property. Also, the rendering of the building shows that it is attractive and fits well into the neighborhood. Bailey thanked the Board for their time and asked if they had any questions. Keitel asked Bailey to confirm that what he wants is to have the entire parking area paved and to not use the proposed Geolink product. Bailey said he would like to have the 244 spaces paved as indicated on the site plan. Andrew Hall introduced himself to the Board. He is an Iowa City resident and the local Stake President. He said all clergy for the Church of Jesus Christ of Latter Day Saints are volunteers. In the five years that Hall has lived in Iowa City, he said they have added 2 congregations and they anticipate a fifth congregation being added within the next two years. Their current building on Bradford Drive will not accommodate this many congregations and they will need the new building. The parking at the Bradford location is currently a problem with overflow parking on the street. Given this growth, Hall said they anticipate having 3 large congregations in the proposed new building. This equates to approximately 150 cars parking at the building on any given Sunday. Also, the new building will be very convenient for the church youth population that go to West High School, as they attend an early morning religious education program at the church. Hall concluded by saying he believes the Church will continue to have growth and the paving of all the parking spots would serve the best interest of the Church members. He also said that he appreciated the opportunity to address the Board on this issue. Paul asked if anyone had information about the Geolink product. Brost explained that the system is similar to a block retaining wall in that the blocks are locked together on the ground, the voids are filled with dirt and grass seed is then planted. Iowa City Board of Adjustment Minutes November 12, 2003 Page 7 Chris Steffen from MMS Consultants addressed the Board. He said that they proposed the Geolink in the parking spaces and not the drives because of the steeper grades of the driveways. He said they were afraid that the wet or frozen grass would not be conducive for driving and were afraid it would create problems if the Geolink were used in the aisles or drives. Maurer questioned the set back issue. He said there seems to be plenty of space to have the whole site plan and keep the required 65-foot set back. Miklo responded that this was a staff recommendation. He said they reasoned that if the building was closer to the street, the parking lot would seem less obtrusive and the intent was to tone down the whole parking area. Brost agreed with the Miklo and said the 50-foot set back would be adequate. Paul questioned the parking and landbanking issue. He said the representatives from the church seem confident that they will need all 244 parking spaces but asked if the area were to be landbanked, would this deter them from going forward with the project. Bailey responded that it would not totally deter them but would but a crimp in their plan because they are concerned with not having to go back and redesign the area. Miklo added that they had asked the church to consider installing landscaping peninsulas to help soften the appearance a large parking lot in a residential area. If the Board were inclined to approve the area as paved parking, they would recommend at least two additional peninsulas for trees in this area. Public Hearinq Closed MOTION: Keitel moved to approve EC03-00016 an application for a special exception to allow construction of a religious institution, a Church of Jesus 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 including the proposed 244 paved parking spaces; general compliance of the site plan; a provision of a landscape hedge to screen the parking areas from adjacent residential uses; subject to staff approval of the placement of 2 or more additional landscape peninsulas within the parking areas with trees being added to the landscape peninsulas; subject to the installation of a sidewalk between Dublin Drive and West High School; and the term of the special exception be for a period of 2 years. Gidal seconded the motion. Keitel said he would vote in favor of the motion. He said the representatives from the church have adequately demonstrated that they will need the additional parking and the site supports the additional parking. Paul said he would vote in favor. He said they met the specific standards regarding special exceptions for religious institutions in that it is located on a collector street with access to an arterial street, and minimum lot requirements are met. General Standards for this item are met in that it will not be detrimental or endanger the public health, safety and comfort as stated in the staff report. It 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. It will also not impede the normal and orderly development and improvement of the surrounding property. It will not significantly alter the character of the neighborhood provided that the effects as laid out will minimize the parking. The ingress or egress issues are addressed with the two driveways on Dublin Drive. It conforms to the applicable standards or regulations of the zone and additional landscaping is being provided to screen the parking areas. It complies with the dimensional and parking requirements for religious institutions in the RS-5 Zone, and is consistent with the short-range Comprehensive Plan. Gidal said he would vote in favor for all the previous mentioned reasons and given the nature of the surrounding properties and their use. In addition, there has not been any opposition from anyone who lives near the area and this additional parking does not seem to be a problem. They have met the General and Specific requirements and also the ambitions of the Comprehensive Plan. Maurer said he would vote in favor for the previously mentioned reasons. The motion was approved on a vote of 4-0. Iowa City Board of Adjustment Minutes November 12, 2003 Page 8 Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is flied with the City Clerk's office. OTHER Miklo said they need to schedule a farewell luncheon for departing Board members and a luncheon to welcome new Board members. The Board agreed to wait until December to schedule a date. ADJOURNMENT MOTION: Maurer moved to adjourn the meeting. Keitel seconded the motion. All in favor, the motion was approved 4-0. The meeting was adjourned at 7:12 PM. Board Chairperson Board Secretary Minutes respectfully submitted by Jennifer Sherlock data on cityntJpcd/minutes/boa/boal 1-12-03.doc STAFF REPORT To: Board of Adjustment Item: EXC03-00018 500 Market Street Mercy Hospital/US Cellular GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Equipment shed size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code Requirements: Prepared by: John Yapp Date: December 10, 2003 US Cellular c/o Kevin Haines 4201 River Center Court NE Cedar Rapids, IA 52402 Phone: 319-560-5030 Approval of a special exception to allow a utility substation, specifically a wireless telecommunications equipment shed, in the Office Commercial, CO-1 zone. To allow for a telecommunications equipment shed on the roof of Mercy Hospital, to facilitate the placement of US Cellular Antennae on Mercy Hospital 500 Market Street 12' x 20' Office Commercial, CO-1 North: Office & Residential, CO-1 South: Office & Residential, CO-1 East: Office & Residential, CO-1 West: Office & Residential, CO-1 Office Commercial 14-6L-IX, Utility Substation Facilities special exception standards; 14-6W-2B, special exception review standards File date: November 12, 2003 2 BACKGROUND INFORMATION: US Cellular has applied for a special exception for a 'Utility Substation Facility,' specifically a telecommunications equipment shed, to be located in the Office Commercial, CO-1, zone at 500 Market Street. US Cellular is proposing to locate the facility on the rooftop of the hospital, to allow for the placement of US Cellular antennae on the hospital to facilitate wireless communication service in the area. ANALYSIS: The purpose of the Zoning Chapter is to promote the public health, safety and general welfare to conserve and protect the value of the property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Chapter to permit the full enjoyment of property in a manner that does not intrude upon adjacent properties. The Board of Adjustment may grant relief from the requirements of the Zoning Chapter through special exceptions if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standards: 14-6L-IX, Utility Substation Facilities special exception standards In 1999, due to the trend of utility companies utilizing smaller, more frequent substation facilities, the City adopted zoning code amendments that allow substation facilities in more zones, but with greater scrutiny of their location and appearance then previously required. Utility substation facilities include, but are not limited to, electric substations, gas regulator stations, telecommunications switching and relay facilities, and water and sewer pumps or lift stations. According to City Code section 14-6L-IX, 1. The utility substation facility shall be screened from the public right-of-way and from residential zones according to the screening requirements in Section 14-6S-11 (vegetative screening requirements), or by a decorative fence or wall approved by the Board of Adjustment. 2. When considering the utility substation request, the Board of Adjustment shall consider the compatibility of the facility in terms of size, scale, location, and design in relation to surrounding structures and uses. For utility structures located in highly visible locations, the Board may consider requiring a brick fa(;ade. In terms of location, the equipment shed on top of the roof of the hospital is optimal as opposed to being located at ground level. The rooftop location (on top of the sixth story and set back approximately 22 feet from the edge of the roof) and the relatively small size of the shed (12' x 20', 12-feet in height) compared to the size of the hospital should make this structure fairly unnoticeable. Given that the equipment shed is located on top of the roof of Mercy Hospital, it is not practical to require vegetative screening. To address the compatibility concern, the applicant is proposing a faux-brick resin siding on the shed that mimics the color and texture of the Mercy Hospital brick (see attached product sheet). \\citynt\jyapp$\special exceptions\exc03-00018 us cellular, doc 3 The applicant has also provided computer-generated images of how the equipment shed will appear from the north and south of the Mercy Hospital building (the facility will not be visible from the east and west views). From these images, it appears the equipment shed will be similar in color and appearance to the rest of the structure, and should be generally compatible. The applicant also notes that the proposed antennae will be painted a similar color to the hospital building in order to blend in. The Board's action on this item, however, should be specifically related to the equipment shed, for which a special exception is required. The antennae are allowed as accessory to the building and do not require Board approval. General Standards: 14-4B-4B, Special Exception Review Requirements The applicant's statements regarding each of the seven general standards are included within the attached application. Regarding these general standards, the proposed equipment shed on the rooftop of the hospital building will not interfere with ingress / egress, alter the land use of the property, or prevent the orderly development of adjacent properties. The applicant states the facility has been designed by a licensed professional engineer to take into account all health and safety codes related to telecommunications infrastructure. The main concern with such facilities is related to whether the proposed facility is in an appropriate location and ensuring it will not detract from the property and the neighborhood due to it's appearance. In staff's view, due to it's location and screening, this facility meets the general and specific standards necessary for a special exception. STAFF RECOMMENDATION: Staff recommends that EXC00-00018, a special exception to allow a utility substation facility, specifically a telecommunications equipment shed, on the rooftop of the hospital structure at 500 Market Street, be approved. Attachments: 1. Location map 2. Special Exception application 3. Computer-generated illustrations provided by the applicant. Approved by: I~o~ert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\jyapp$\special exceptions\exc03-O0018 us cellular, doc II 11/11/03 16:35 FAX 847 298 11~5 SHIVE-HATTERY ~ [~002/016 ~1/0~/2003 13' 27 3195~ ~ ~UL~ ' ~ P~E ~1/87' 't", ~" APPEAL TO THE ~'~,~ ~''BOARD OF ADJUSTMENT _ SPECIAL EXCEPTION APPEAL PROPERTY ADDRESS: ~00 ~ ek.~' ~ ~ C,'~ [.~ .AP~L ~OPER~ ZONE: ~'~&~,'~ ] APPEAL ~OPERTY LOT SIZE: A~ICANT: Name: ~ea,'. ~,~.= .~,~, Address: ~0t ~,v,r (.~*~;j ~r Phone: C$1~t)~'~O' 3'030 CONTACT PERSON: PROPERTY OWNER: Name: Phone: Specific Reque/'ccd Special Exception; Applicable Sec~ionls! of the Zoning Chapt.er: Purpose for special exception: Date of previous application or appeal filed, if any: · 11/11/03 16:36 FAX 847 298 1195 11/06/2003 13:27 319568~851~ SHIVE-HATTERY US (3ELLUL~R -2- ~005/016 PAGE '02?07 iNFORMATION TO BE PROVIDED BY APPUCANT: Ac t. eg,,I description of property: *Pict plan drawn to scale showing: 1. 2. 3. 4. 5. [*Submission of an 82" x 11' bold pr'mt plot plan is preferred.] Lot with dimensions; North point and scale; Existing and proposed structures with distances from property lines; Abutting streets and alleys; Surrounding land uses, including the location and record owner of each property opposite or abutting the property In question; parking spaces and trees - existing and Proposed. Review. The Board shell review ell applicable eVidence regarding the site, existing proposed stru~ures, neighboring uses, parking areas, driveway locatiOns, highway and street access, traffic generation and ci'rculatlon, drainage, sanitary sewer and water systems, the operation of the specific proposed exception end such other evldence es deemed appropriate. (Section 14-6W-2B1, City Code}. in the space provided bMow or. on an =ttaohed sheet, address the areas of Board review wh;ch apply to the requested specie! ezoeption. In this narretiv~'~etement, set forth the grOUnds offered as support for the special exception. The applicant is required ta'present'speeJfic inform~tlon, not just oplrdons, that the general standards for the ~lrarrting of ~ special exception (Section 14-6W-2B2. City ~ode): 'enumerated below, w~l be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general warfare. .11/11/03 16:36 FAX 847 298 1195 SHIVE HATTERY ~003/016 Answer to section C The installation of the proposed equipment will not physically intrude on any of the adjacent property as the proposed equipment shelter and antennae will be located on the existing building roof. The proposed equipment shelter finish will match that of the existing building in color and texture. The proposed antennae and hardware will be painted with a color to match the existing building to minimize visual impact from surrounding property. Answer to Section D-1 The installation of the proposed equipment shelter and antennae has been designed by a Licensed Professional Engineer whom followed all applicable building and health and safety codes, to insure the safety of all persons working on or around the proposed equipment area. Answer to Section D-2 The installation of the proposed equipment has been designed by a Licensed Professional Engineer following all applicable building codes to insure the proposed installation will be safe and not physically intrude on any of the adjacent property. The proposed equipment shelter and antennae will be located on the existing building rooftop with the shelter finish one that matches of the existing building in color and texture and the antennae and all associated hardware to be painted with a color to match the existing building to minimize visual impact from surrounding property, thus minimizing or eliminating the effects on property value and enjoyment of other property in the area. Answer to Section D-3 The installation of the proposed equipment will not effect any normal or orderly development of the surrounding property within the immediate vicinity as the all proposed equipment and antennae will be located at the said property on the existing building rooftop. Answer to Section D-4 This section is not applicable as the all proposed equipment and antennae will be located at the said property on the existing building rooftop. Answer to Section D-5 This section is not applicable as the all proposed equipment and antennae will be located at the said property on the existing building rooftop. (2)~ ',::,-~:~ .11/11/03 16:36 FAX 847 298 1195 SHIVE-HATFERY ~004/016 Answer to Section D-6 The installation of the proposed equipment has been designed by a Licensed Professional Engineer following all applicable city codes to insure the proposed installation will conform to standards. Answer to Section D-7 Information Technologies supports the use of wireless communications at this property without changing the existing land use. s~lnlIOD 'S'fl Page 1 of 1 Colonial White Buff Blend Used Buff Colors may appear differently depending on your browser settings. Please order samples to ensure accuracy. Red Blend Used Red Char Brown Acces~ Hand-Laid Brick, U', Home Priyaqy.$:~t~er~t Contact Us Locate Distributo(!.Contractor 44-1/4" W or¢~( Samples & Literatu[e http://www.nailiteintemational.com/hlbrick_acc.html 9/26/2003 FIE. ED 2~0~ NO¥ 12 PH 3:20 CITY iOWA Ct, Y,, IOWA FILED 2003 NOV 12 ?H 3:30 CITY L, LEn~ iOWA Cl'i"'¢ IOWA II FILED CITY OLERK IOW/~, CITY, IOWA FILED CITY CLERK iOWA OtT~ IOWA Mercy Hospital 500 East Market Street MERCY Iowa City, Iowa 52245 Exceptional Medicine. Extraordinary Care. December 1, 2003 319-339-0300 phone www mercylowaclty org John Yapp City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Dear Mr. Yapp Mercy Hospital has signed an agreement with US Cellular giving them permission to install a telecommunications equipment room on Mercy's roof following City of Iowa City approval. The building will house their equipment and an antenna system with the outside of the building having a simulated brick face appearance that will be painted to match the existing equipment rooms. Sincerely, Director of Engineering Cc: Kevin Haines USCellular STAFF REPORT To: Board of Adjustment Item: EXC03-00019 209 North Linn Street GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Property Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code Requirements: Prepared by: John Yapp Date: December 10, 2003 School for the Performing Arts C/o Mary Ward or Tara Dutcher 1650 North Dubuque Road Iowa City, IA 52245 Phone: 354-4993 or 354-1863 Approval of a special exception to permit a school of specialized private instruction in the Central Business Service, CB-2 Zone. To establish a music and acting private school. 209 North Linn Street 2,100 Square Feet Commercial, CB-2 North: Residential; RNC-12 South: Commercial; CB-2 East: Commercial; CB-2 West: Commercial; CB-2 Central Business District 14-6E-6D(4), schools of specialized private instruction in the CB-2 zone; 14-6W-2B, Special exception review standards File date: November 13, 2003 BACKGROUND INFORMATION: The 'School for the Performing Arts,' a private school teaching music and acting lessons, has applied for a special exception to allow it to locate in the Central Business District, CB-2, Zone at 209 North Linn Street. They are proposing to locate the school on the approximate 1,000 square foot second floor of the existing building at 209 North Linn Street (the first floor contains the Guitar Foundation business). Because this use is classified as a school of specialized private instruction, a special exception is required to locate in the CB-2 zone. ANALYSIS: The purpose of the Zoning Chapter is to promote the public health, safety and general welfare to conserve and protect the value of the property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Chapter to permit the full enjoyment of property in a manner that does not intrude upon adjacent properties. The Board of Adjustment may grant relief from the requirements of the Zoning Chapter through special exceptions if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. Specific Standards: 14-6E-6D(4), schools of specialized private instruction in the CB- 2 zone According to the City Code, the intent of the CB-2 zone is to allow for the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas and to enhance the pedestrian orientation of the Central Business District by providing suitable, peripheral locations for auto-oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires less intensity of use than the CB-10 zone. The CB-2 zone allows 'schools of specialized private instruction' only by special exception; no specific criteria are given. In general, the Board should consider the appropriateness of the proposed use given the potential impact on surrounding land uses, traffic circulation, externalities such as light and noise, and other impacts the proposed use may have. In this case, the use is proposed on the second floor of an existing building in the Near Northside commercial district at 209 North Linn Street. The layout of the second floor appears to be conducive to such a use - the approximate 1,000 square foot second floor has a larger open area surrounded by five small classrooms, closets and a bathroom. According to the applicant, it was originally designed as a space to teach music lessons associated with the Guitar Foundation. According to the applicant, no more than ten students would be on-site at any one time - this is within occupancy load standards for this space. The surrounding land uses are a good example of a mixed-use commercial district, in that it contains restaurants, small retail stores, bars, professional offices, a hair-cutting school, and residential apartments. Like the rest of downtown, the Near Northside is very pedestrian- oriented in that buildings are set close to the street and close together. The recent public improvements in the neighborhood resulted in wider sidewalks, improved lighting, more bike \\citynt\jyapp$\special exceptions\EXC03-O0019 209 Linn.doc 3 racks and benches, and shortened crosswalks at some intersections. The type of use proposed by the applicant should fit in well with and add to the existing mix of businesses. Parking and Access In 1993, this property and building received a variance from parking requirements (VAR93- 00003), so that no parking is required for any uses in the building. This variance was granted on the basis that there is not room on this 2,100 square foot property to provide off- street parking, the immediate area is historically pedestrian-oriented, and there is public on- street metered parking available. Therefore, this proposed use does not have to provide parking. Due to the nature of this use, children will be dropped off and picked-up on a regular basis to attend the school. The applicant intends for this activity to occur on the alley % block to the north of the 209 Linn Street property. Given the pedestrian-oriented design of this and surrounding blocks, the slower moving speed of traffic on Linn Street, and that Linn Street is not an arterial street with higher percentages of truck traffic, staff is comfortable with this type of pick-up and drop-off activity occurring on this block. There is also on-street metered parking and a public metered parking lot % block away (the lot between the Hamburg Inn and Gilpin's Paint). General Standards: 14-4B-4B, Special Exception Review Requirements The applicant's statements regarding each of the seven general standards are included within the attached application. Staff has no further comments or response to the applicants statements in the application. In staff's view, this proposal for a school of specialized private instruction in the CB-2 zone at 209 North Linn Street meets the general standards for a special exception, and should add to the mix of businesses in the Near Northside commercial district. STAFF RECOMMENDATION: Staff recommends that EXC03-00019, a special exception for a school of specialized private instruction, specifically a music and acting school of performing arts, for the property at 209 North Linn Street, be approved. Attachments: 1. Location map 2. Special Exception application Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\jyapp$\special exceptions\EXC03-00019 209 Linn.doc VMOt MiO Vk\OI ,4H:-70 EX, C. aS .- oo~ lC~ APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: 2-100 5¢~. ~'~. APPLICANT: Name: ,~cJ~o o Address: Phone: CONTACT PERSON: Name: 'Taro- 354 - I~ 3 PROPERTY OWNER: Name: Address: Phone: ~lq) Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: ' ,li~ +ke C~-Z zone Purpose for special exception: Date of previous application or appeal filed, if any: -2- INFORMATION TO BE PROVIDED BY APPLICANT: Legal description of property: k] -75'c :tO' Lo' B. *Plot plan drawn to scale showing: 2. 3. 4. 5. S 3o'o£ Lot with dimensions; ~-~'-" North point and scale; --~ ~ Existing and proposed structures with distances from property lines~-~.~ Abutting streets and alleys; ~- Surrounding land uses, including the location and record owne~ of property opposite or abutting the property in question; Parking spaces and trees - existing and proposed. [*Submission of an (~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 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. ac-h' /esso, s ,' l d The specific proposed exception will not be injurious to the use a~..~oy~iii t of other property in the immediate vicinity end will not substant(.~y-dimi~Lsh and Impair property values in the neighborhood. ~ C) co Establishment of the specific prop"o'sed exception will not impeue tne normm 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. -4- 6. 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;en 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate. I 7. The proposed use will be consistent with the sho~-range Comprehensive Plan of the City. roooseJ will I List the names and mailin~ addresses of the record o~ners of all p~ope~y located within 300 feet of the exte~or l~mits of the prope~y involved in this appeal: NAME AYT~ C ~ ~ b ADDRESS -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). 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: ~X/o~e~4~cv- 13 ~'- , ~1~°°'~ 'gnature(s~rof Applicant(s) Date: /~ V~- ~4/3~''~ 13 , ~C)0 3 ppdadmin\appboase.doc Signature{s) of Property Owr~J~ if Different than Applicant(s~ STAFF REPORT To: Board of Adjustment Item: EXC03-00020. 1660 Sycamore Street Prepared by: Robert Miklo Date: December 10, 2003 GENERAL INFORMATION: Applicant: Jason Tjarks 1605 Sycamore Street Iowa City, IA 52240 354-5004 Requested Action: Approval of a special exception to permit expansion of a commercial recreational use in a Community Commercial Zone. Purpose: Approval of a 6,000 square foot addition to a mixed-use restaurant and amusement arcade and play area located inside the existing Sycamore Mall. Location: 1660 Sycamore Street Size: Existing use - 14,900 square feet and proposed addition 6,000 square feet = 20,900 square foot total. Existing Land Use and Zoning: Retail Mall; Community Commercial (CC-2) Surrounding Land Use and Zoning: North: South: East: West: Commercial/Industrial; CC-2/I1 Hwy 6 Commercial; CC-2 Residential; RS-5 Comprehensive Plan: General commercial development Applicable Code Requirements: 14-6E-5D, special exceptions; commercial recreational use 14-6W-2B, special exception review standards File Date: November 17, 2003 BACKGROUND INFORMATION: Commercial recreational uses are defined as "facilities used primarily for physical exercise or culture, including, but not limited to, campgrounds, courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades and billiard halls." Commercial recreational uses are permitted in the Community Commercial (CC-2) Zone only by special exception. In October 2001 the Board approved a special exception to allow "Monkey House" a commercial recreational use/restaurant to be located in the Sycamore Mall. The original special 2 exception was for a 14,900 square foot space on the first floor of the Mall. In August 2003 Jason Tjarks become the new proprietor of the business and has renamed it "Tjarks Jungle." He has now applied to expand the business to the upper level of the former Sears automotive department. The expansion area would be used for a laser tag arena. The first level of the business will continue as a restaurant with areas devoted to a video arcade, play equipment and a stage. 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. General Standards: 14-6W-2B, Special Exception Review Requirements The Zoning Code does not provide any specific standards of review for commercial recreational uses. Therefore, the Board must review the proposal based on the general standards stated in subsection 146W-2B of the Zoning Code. The applicants' statements regarding each of the seven general standards are included within the attached application. Staff comments on these standards are set forth below. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed additional recreational area will fill vacant commercial space in the Sycamore Mall. The use is typical of the type of use that is suitable and desirable as a tenant in the mall and is not likely to have any negative or detrimental impacts on public health, safety, or the 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. The proposed use will be totally enclosed within the Sycamore Mall. Nuisance factors, such as noise, dust, and odors that may be present in outdoor commercial recreational uses will not be a factor with this type of use. The Housing and Inspection Services Department will need to verify that the mall has sufficient excess parking to meet code requirements for this use. Co 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. As stated previously, the proposed use is typical of the type of uses that might be expected to locate in a retail mall. As such, it is a part of the normal and orderly development and improvement of the surrounding Community Commercial Zone. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided - All necessary facilities and access roads are being provided by Sycamore Mall. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets - Patrons of the proposed use will use the existing access driveways to the Sycamore Mall. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the 3 applicable regulations or standards of the zone in which it is to be located - The application states that the proposed development will meet all requirements. It should be noted that the proposed special exception is for the use of the site only. The applicant will still be required to meet all other building and zoning requirements. The Housing and Inspection Services Department is currently reviewing plans for the mall to verify that adequate parking is available to meet the requirements for the proposed expansion of this commercial recreational use. go The proposed use will be consistent with the Comprehensive Plan of the City, as amended - The Community Commercial zone is intended to provide opportunities for businesses that will serve a significant segment of the total community population. Staff feels that the proposed use, particularly as it contributes to the redevelopment and improvement of the Sycamore Mall and the surrounding commercial area is consistent with the policies and objectives of the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that EXC03-00020, a special exception to permit expansion of a commercial recreational use in the Community Commercial (CC-2) Zone at 1605 Sycamore Street, be approved. ATTACHMENTS: Location Map Application with attachments Approved by: ?' Jeff Davidson, Assistant Director Department of Planning and Community Development ppdadmin~stfrep~exc03-00020.doc 0 C~ 0 0 0 I 0 X APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: PROPERTY PARCEL NO. APPEAL PROPERTY LOT SIZE: APPLICANT: CONTACT PERSON: Name: PROPERTY OWNER: Name: Name: Address: Phone: Address: Phone: i~q G-D ~ k , C Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose for special exception: Date of previous application or appeal filed, if any: ~/~0 v~--~- -2- INFORMATION TO BE PROVIDED BY APPLICANT: Legal description of property: B. *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 and scale; Existing and proposed structures with distances from property lines; Abutting streets and alleys; Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 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 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. 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: endanger the The specific proposed exception will not be detrimental to or 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 end 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. e -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;en 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] The proposed use will be consistent with the short-range Comprehensive Plan of the City. 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 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). 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: Date: ,19 ppdadmin\appboase.doc Signature(s) of Property Owner(s) if Different than Applicant(s)