HomeMy WebLinkAbout03-09-2005 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, March 9, 2005 - 5:00 PM
EMMAJ. HARVAT HALL
A. Call to Order
B. Roll Call
c. Consider the February 9, 2005 Minutes
D. Special Exceptions:
1. EXC05-00003 Discussion of an application submitted by Southgate
Development for a special exception for a drive-through restaurant on
property located in the Community Commercial (CC-2) zone at 901
Hollywood Boulevard.
2. EXC05-00004 Discussion of an application submitted by Iowa City Tire &
Service, Inc. for a special exception to reduce the front yard from 20 feet to
5.5 feet for property located in the Intensive Commercial (CI-1) zone north of
404 Kirkwood Avenue.
3. EXC05-00005 Discussion of an application submitted by Sycamore Mall for a
special exception to allow the reduction of the parking requirements for
property located in the Community Commercial (CC-2) zone at 1600
Sycamore Street.
E. Other:
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING - April 13, 2005
STAFF REPORT
To: Board of Adjustment
Item: EXC05-00003901 Hollywood Blvd.
Taco Bell Drive-Through
GENERAL INFORMATION:
Applicant:
Contact person:
Property owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND INFORMATION:
Prepared by: Robert Miklo
Date: March 9, 2005
Southgate Development Company
755 Mormon Trek Blvd.
Iowa City, Iowa 52246
Steven Rohrbach
338-9311
Southgate Development Company
Approval of a special exception per
Section 14-6E-5D-1, auto- and truck-
oriented uses.
To permit a drive-through restaurant in a
CC-2 zone.
901 Hollywood Blvd.
Pepperwood Shopping Center
Approximately .5 of an acre
Parking lot, CC-2
North:
South:
East:
West:
Residential, RS-5
Commercial, CC-2
Commercial, CC-2
Commercial, CC-2
14-6E-5D, auto- and truck-oriented uses in
the CC-2 zone; 14-6W-2B, special
exception review standards
February 9,2005
A new driveway entrance to Highway 6 for the Pepperwood Shopping Center was
recently constructed and the parking lot was reconfigured. The applicant is proposing to
2
construct a Taco Bell restaurant to the east of the new driveway. A drive-through window
is proposed for the new restaurant. Drive-through restaurants are consider to be auto
and truck-oriented uses, which are permitted only by special exception in the Community.
Commercial zone. In October the Board approved a similar special exception for a Pizza
Hut with a drive-through on the western side of this shopping center.
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 for the establishment of
an auto- and truck-oriented use if the requested action is found to be in accordance with
the regulations of the CC-2 zone and the general standards for special exceptions as set
forth in Section 14-6W-2B.
Specific Standards: 14-6E-5D, Special Exceptions: Auto- and Truck Oriented Uses.
The CC-2 zone permits auto and truck oriented uses by special exception, but provides
no additional criteria or standards by which to review the location of such facilities. The
requirement for a special exception was likely incorporated into the CC-2 regulations due
to concerns about compatibility of the uses with adjacent properties, potential traffic
circulation problems, and aesthetic concerns about auto and truck oriented uses. There
are no specific standards for review of applications for this type of use.
Two concerns raised by the proposed use of a drive-through window in this location are:
1) how well the drive-through lane is separated from surrounding pedestrian and vehicular
use areas, 2) whether there are sufficient stacking spaces for motorists waiting to pick-up
orders from the drive-through window.
The plan shows sidewalks on the north, east and south sides of the building. A
connection to the shopping centers main sidewalk crosses the drive-through lane in a
location south of the pick-up window. Although it is not ideal to direct pedestrians across
a driveway, in this case there does not appear to be a good alternative to connect this
building to the sidewalk network. As in previous similar applications, the Board may wish
to require a pedestrian crossing sign to mark the crosswalk.
The site plan shows sufficient area within the drive-through lane to accommodate
approximately 10 vehicles. In the event that additional stacking spaces are needed there
is a driveway to the east of the drive-through entrance where vehicles could wait. In the
event that this occurs it would result in only temporary delays for motorists wishing to
access the parking areas. In staff's view the proposed stacking spaces should be
sufficient for the proposed type of restaurant.
3
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 welfare. The Pepperwood Shopping Center has
been the subject of improvement efforts including the reconfiguration of driveways and
parking areas as the property owner attempts to attract new businesses to the
development. The entrance and exit from the proposed drive-through restaurant will
be from driveways within the shopping center and should have little if any effect on the
use of public streets in the area. Staff believes that sufficient stacking spaces will be
provided so that internal vehicular circulation is adequate. Although the sidewalk
connection to the shopping centers sidewalk network is not ideal, there does not
appear to be a better alternative. Staff believes that the proposed special exception
will not be detrimental to or endanger pubic health, safety, comfort or welfare.
b. 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. Pepperwood Plaza is easily
accessible by car; traffic generated by the proposed use would be a minor fraction of
the total. This proposed drive-through should not have a negative effect on other
properties in the area.
c. 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. Restaurants are
permitted uses in the CC-2 zone, as are retail and office uses. The addition of a drive-
through restaurant in this location should not impede the development of other
properties in the area.
d. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets. As noted above
access to this site will be from internal driveways within the Pepperwood Shopping
Center. The proposed drive-through is likely to have no effect on public streets.
e. 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. At the time of building permit and site plan approval, the applicant will
need to demonstrate compliance with other City codes.
f. The proposed use will be consistent with the short-range Comprehensive Plan
of the City. The Comprehensive Plan identifies this area as appropriate for
commercial uses. A drive-through restaurant in this location would be consistent with
this designation.
4
STAFF RECOMMENDATION:
Staff recommends that EXC05-00003, an application for a special exception to establish
an auto- and truck-oriented use, specifically a drive-through restaurant, in the Community
Commercial zone at 901 Hollywood Boulevard, be approved subject to general
conformance with the submitted site plan.
ATTACHMENTS:
1 . Location map
2. Proposed Site Plan ~
Approved by: (:._- 'M~
Karin Franklin, Direc r,
Department of Planning and Community Development
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APPEAL TO THË'
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
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DATE: ð~ /tlø/ t)J5 PROPERTY PARCEL NO. ItJ'Z-z 10/ æ:» 3
APPEAL PROPERTY ADDRESS: 1ð / Jlð¿¿rtl.J¿JCJI? f6¿,t/o.¡ þftll/1¿IQ;ut,
APPEAL PROPERTY ZONE: ¿-;¿; , z.. APPEAL PROPERTY LOT SIZE: :!: I? AaZ.€?
Name:~~~~~
Address: ¡¿)¡¿Iff ðlT.' /t¥tJ¡!(
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APPLICANT:
CONTACT PERSON: Name:
Phone:
PROPERTY OWNER: Name:
Phone:
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Specific Requested Special Exception; Applicable Sectlon(s) of the Zoning Chapter:
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Purpose for special exception: . t;ìØ/¿f!:11I1t14# l2~r~.(þ'/~
Date of previous application or appeal flied, If any: W.4--
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INFORMATION TO BE PROVIDED BY APPLICANT:
A. LeQal description of property: ßt2Jgþ';1}Z' u.Æh/ a¡/1R:J.e
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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.
rSubmlsslon of an 82" x 11" bold print plot plan Is preferred.]
C.
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 .P:qard
review which apply to the requested special exception. In this narrative ~::~
statement set forth the grounds offered as support for the special exceptioni;~:
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The drive-through restaurant proposed is being built on an existing parking lot jijst·
east of the new access road into Pepperwood Plaza off Highway 6, This lot is se,ldèffi -
used to support parking for the plaza, The restaurant and consequent drive-thro*.~:is
an excellent use of this piece of property and is similar to other commercial/retàJ.F ~;
activities in the shopping center. Traffic and public safety is not impeded, parking for
the new restaurant and shopping center is more than adequate and the site design is
safe and attractive. Just to the south of this proposed site, a similar request for a
drive-through for the new Pizza Hut restaurant was recently approved.
The applicant Is required to present specific Information, not Just opinions, that the
Qeneral standards for the Qrantlna of a special exception (Section 14-6W-2B2, City
Code), enumerated below, will be met:
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1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The Pepperwood Shopping Center has been the subject of continued
improvement efforts including the reconfiguration of the driveways and parking
areas as the property owner is attracting new businesses to the development
everyday. The recenfreconfiguration of the main entrance drive onto Highway 6
will improved traffic circulation in and out of the plaza shopping area. The
entrance and exit from the proposed drive-through restaurant will be from
driveways within the shopping center and should have little, if any, effect on the
use of public streets in the area. Adequate internal site stacking space has been
provided from each of the drive through lanes.
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2. 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.
Pepperwood Plaza is easily accessible by car; traffic generated by the proposed
use will be a minor fraction of the total accommodated by the center. Sufficient
drive-though stacking spaces are provided and the pick-up window exit is
configured to assure good internal traffic circulation. The addition of a drive-
through restaurant in this location should not impede other propeliies in the area
and actually will enhance the value ofthe shopping center and other commercial
shops and stores in the area.
3. 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.
Restaurants are permitted in the CC-2 zone, as are retail and office uses,
Aesthetics and growth established by the overall development plan for
Pepperwood Plaza are being maintained and enhanced by this project. The
proposed restaurant should have a positive affect on the other properties and
commercial endeavors in the area.
4. Adequate utilities, access roads; drainage, and/or necessary facilities have
been or are being provided.
Adequate utilities are available at this site for this development, access roads in
the shopping center were designed to accommodate this type of development and
all drainage and accommodations are being provided,
5. Adequate measures have been or will be taken to provide Ingress or egress
designed so as to minimize traffic congestion on public streets.
As noted above access to the restaurant site will be from internal driveways with
the Pepperwood Shopping Center. The proposed drive-through will have no
direct effect on public streets,
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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; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
This project conforms with all specific regulations and standards applicable to
this zone
7. The proposed use will be consistent with the short-range Comprehen-~}ye
Plan of the City. i-ì _, '
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The Comprehensive Plan identifies this area as appropriate for commetciáFµseš;;)
A drive-through restaurant in this location would be consistent with the:='.:-, ~:)
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E. 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
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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 flied 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:
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If Different than Applicant(s)
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PROPOSED SITE PLAN
TACO BELL RESTAURANT
PEPPERWOOD PLAZA
SOUTHGATE DEVELOPMENT
ROHRBACH CARLSON PC
PROJECT #0451
FEBRUARY 8, 2005
REVISED 03/02/05
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STAFF REPORT
To: Board of Adjustment
Prepared by: Robert Miklo
Item: EXC05-00004 404 Kirkwood
Date: March 9, 2005
GENERAL INFORMATION:
Applicant:
Iowa City Tire & Service, Inc,
410 Kirkwood Avenue
Iowa City, IA 5224
Phone:
338 5401
Requested Action:
Reduction of required front yard setback from 20
feet to 5,5 feet.
Purpose:
To allow construction of a pole building
Location:
404 Kirkwood Avenue
Size:
43,470 square feet
Existing Land Use and Zoning:
Auto repair, retail and residential- CI-1
Surrounding Land Use and Zoning:
North: Commercial, CI-1
South: Commercial, CC-2
East: Residential, RS-8
West: Commercial, CI-1
Applicable Zoning Code sections:
14-60-4B (spec. exception for yard requirements)
14-6W-2B (spec. exception review standards)
File Date:
February 9,2005
BACKGROUND INFORMATION:
This property is located at the corner of Maiden Lane and Kirkwood Avenue. In addition to the
street pavement the Maiden Lane right-of-way contains tracks for the CRANDIC Rail Road,
The property contains three buildings - two of which are used by Iowa City Tire Service, The
other contains a retail pet supply store on the first floor with residential apartments on the upper
floor,
The applicant wishes to add a 50 by 60-foot building to this property to be used for auto repair
and warehouse space, The applicant seeks a special exception to the front yard setback
requirement to allow the addition to encroach approximately 14.5 feet into the required front
yard adjacent to Maiden Lane, This would leave only approximately a 5.5-foot yard between
the property line and the new building.
ANAL YSIS:
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
2
property in a manner that does not intrude upon adjacent property, The Board 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 Standards: 14-6Q-4-B, Exceptions to Established Setbacks
Subsection 60-4-B 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 the
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 the Chapter, and
that the conditions of Article W of the Zoning Chapter (Board of Adjustment Powers and
Procedures) can be met.
Peculiar Situation: In other cases where the Board has granted special exceptions to reduce
required yards that Board has found that the property in question had some peculiar situation
which prevented it from developing in a manner similar to other properties in the zone. In staff's
view there is not a peculiar situation that warrants special treatment for this property. Granting the
special exception may have negative consequences for adjacent properties and the general
public,
The application indicates that the requirement for two front yards for this tract is a peculiar
situation, which warrants the special exception, All corner lots are required to have two front
yards so this property is not peculiar in that regard.
The requirement for a minimum front yard is intended to provide open space, visibility and a
degree of consistency within a neighborhood or commercial district. Visibility is important for
motorist and pedestrians. In this case reducing the set back to 5,5 feet as requested by the
applicant will reduce visibility of motorist who need to cross the railroad tracks to enter and exit
this property, the alley to the north and the adjacent business to the north, This could be a
dangerous situation at these driveways as motorist would need to drive forward of the building
before seeing an on coming train,
In addition to assuring visibility for traffic in commercial zones a minimum set back helps assure
that visibility of a business is not reduced by an adjacent building being built far forward of it and
thus blocking views of it from the street. The other commercial properties along Maiden Lane
currently observe at least a 25-foot setback from Maiden Lane. Granting of the requested special
exception in this case would grant a special privilege to this property that would reduce the
visibility of its neighbor,
Open space is important for the general aesthetic character of the neighborhood and provides an
area for landscaping. The 5,5 foot setback that would result if this application is granted would
provide little room for open space or landscaping. This particular area of the city currently has a
mixture of uses, including residential apartments, yet has very little landscaping. In fact there are
four apartments located above a retail shop on this tract. A further reduction of open space and
opportunities for landscaping would not appear to be appropriate.
Practical Difficulty: The application indicates that given the existing configuration of the buildings
and parking lots on this tract, it would be difficult to locate the addition on this property. Although it
may not be possible to build a structure the size that the applicant wishes without reconfiguring
the existing buildings and parking lots on this tract, it would be possible to adhere to the 20-foot
minimum set back on Maiden Lane and add a building with a 45-foot east to west dimension (the
applicant is proposing a 60-foot dimension). This would allow the construction of considerable
additional square footage on this property.
General Standards for the Granting of a Special Exception: In addition to determining whether
3
the situation is unique and if there is a practical difficulty in complying with the Zoning Ordinance,
the Board must find that the applicant meets several standards spelled out in chapter 14-6W-2B,
The applicant's statements regarding each of the seven general standards are included within the
attached application, and Staff's findings are below,
A. The specific exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Staff finds that the proposed exception will limit the visibility of
the railroad for a motorist exiting the driveway of this and the adjacent property. It will also
diminish open space and the opportunities for landscaping in this commercial/residential
mixed use area of the city.
B. 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. As note above the construction of a building in the otherwise
required front yard will diminish visibility for motorists. It will also reduce the commercial
visibility of the adjacent property and eliminate otherwise required open space,
C. 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. See A and B above. Approval of the special
exception would result in the this property having a setback of approximately only 5.5 feet
while the other buildings on this side of the street have a minimum setback of 25 feet. This
would conflict with the generally uniform setback appropriate in on a commercial street such
as this,
D. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. As noted, granting of the special exception will reduce visibility for existing
access roads and may result in unsafe situations for motorists exiting the driveways to the
north and south of the proposed structure.
E. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. See item D above.
F. Except for the specific regulation 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. If this
special exception is granted the site plan and building permit will need to demonstrate
conformance with all other applicable City Codes,
G. The proposed use will be consistent with the Comprehensive Plan of the City, as
amended. The Comprehensive Plan indicates that this area of the city is appropriate for
intensive commercial uses. Staff believes that it is possible to further develop this property for
the intended uses yet still adhere to the minimum standards applied all of the other
commercial properties in this zone, whereas granting the special exception may have negative
consequences for other properties on this street.
STAFF RECOMMENDATION:
Staff recommends that EXC05-00004, an application for a special exception to reduce the
required front yard from 20 feet to 5,5 feet in the Intensive Commercial (CI-1) zone located at 404
Kirkwood Avenue be denied.
Approved by:
ATTACHMENTS:
1 . Location Map
2. Application Documents
Kari Franklin, Director,
Department of Planning and Community
Development
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APPEAL TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
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DATE: ?-/ 105 PROPERTY PARCEL NO. \Q\5\SbO\~
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APPEAL PROPERTY ADDRESS: 4o,", / ~ \0 \1.:. (~..",ooA t\~.) -~-....)"'- C:~~ \ ~ 51.2.'{O
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APPEAL PROPERTY ZONE: c:.. T - 1.. APPEAL PROPERTY LOT SIZE: ?- \0 xJ.Oì
APPLICANT: Name: ~u.la. C~ ~ ~"f.. ~. Se.;fV ~~ ~"'L.
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Address: .~ v.)t\. c.:;~ . ~ 5'2-2.'-\ 0
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CONTACT PERSON: Name: .:..
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Address: ~uJ'" c.... ,"'"' , '-.-.' :::>
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Phone: ~\~- L\~o - 'L\<:\tö
PROPERTY OWNER:Name: l'Ju..\ {7o.,o..ð\ s -e. ú:>r ~()('~ c:N"'-o
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Address: \,50.0 ~oc:\:, 0.",,\0 1>r. I ~-\ ~~"USI ~L
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Specific Requested Special Exception; Applicable Sectlon(s) of the Zoning Chapter:
""oð.~~~ ~ ""{."'O-l'\ ~o..,,",ó~" '\-e'Lv..~rl~~:S. Q,.\~~ ~7- \>.Je~'\- \o"'\- \\('\e.. \û Q.\lov..J 0....
vo\~ ~,",-;\ò~'t>.~ -\ö \o.L \oc.À"\~ð ~\)'fÙ'lo.'~~\.~ 5.5 -Ç("ow-, ~ \0'\ \, t'e.,.
\'-\- <Ot-'-\(~)Ü..\) lQ) ; \\.\.. Cø Q - '-\ l~}) \'-\-tD~-).
Purpose for special exception:
\0 \o-..llì.\ð. 0.. 501.x c.,oJ ~o\-e.. \o",,-,\d\.~\ \r-..~ . 'f",)C~W-eJí,t c.OP('~f o-t)~ \c+
~~. nA&:,,,,()~~ ~~ ~Q.'\{ 'tUJ( 9\)~-e.~ ~~ ~~e..."'\)\.l.~ c.s.~ ClUL.
Date of previous application or appeal flied, if any: \.....) J f\
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INFORMATION TO BE PROVIDED BY APPLICANT:
A.
\ \ II ß.. \.\
LeQal description of property: S~e ~)(-'4\,Vj'\~ J" o...\-\c..c-~~d.' ~'e....\.0.
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.
rSubmlsslon of an 82" x 111. bold print plot plan Is preferred.]
C. 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.
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The applicant is required to present specific Information, not just opinions, tiiãt the
aeneral standards for the Qrantlna of a special exception (Section 14-6W-2B2, City
Code), enumerated below, will be met:
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1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare. 'c
"''t- ~f.:çOS~ \o\A\\A~~ \$ \"c:o..~á ~ \50 .ç~:e,:\ \)o.t.\c. ""<NY-. ~
""",~s."'C'-\...:..~,,", crf \C,~~oA ~. o..~ f\I\o..\c\~ lA,^~ o..~ UJ<Ju.\A ¥\\)-+
\~~~,,~ ~:..~ S\~,,'"'t \\,,-ec.:. 0..-\ ~ \^\cu-<;'-ec\~OI'\. \~ 'c-..J~"~C"~ \ov..~\ci\...,
\1.,)',\.\ ~ \\:>c.ò1.Q.ð o~ \~ ~~ \oa:c.¥. ~~ ~ o..c...~ s~-'< (~\~ ~w-c.)
~\dr-.'<;;. ..~"\- 0.. ~v'1 ~('(.\\I~\v:\ ~O~d' ~\\ c..",-'C.~-\ ~c:.(...~$S C\'(':\~\ .X\."\~
~"..\\ ~ ~r-e.~I(~d "'-- ~""Q\A... ~M\~ ~ o..~c\ \..9..~\~ ~ \oc...,...:h",^
~ ~r ~~t"'(''j \JÔùc-\e.So. ~. ~N~~s..ø& \o....:\\&\'~ ~',\l ~ ~+
5 ~ \co-eX. ~o.ÞA'~ ("~~ L~) \o"\- \ \ '(\e... , \N ~f\:)~o~J¡
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2. 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.
',\...- 5~'o1ì -e)(~\\~ \..Uu....),j ~"'"' ~ ~~v.á\~ o{j 0.....
'av..,\A\",~ ~ ~',\\ ~ ~~:\.s.\e.Y\\ \.ù~~'~ (.()."'C\~c.:,J ;r.c.o.-\'.H"C. ot> ~ '
~o("'e..~. ~ o.Â&\\-\;~.JL \D,,^~\~~Io..~ s'-'\)v..\ð ~\~ ~~ ~"'~~ v~\wu.,
',...... ~ ~ ~~~J:~ \J\ c-~,,~ ~.
3. 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.
\N. \~W'Q.J.:,~ S\J..'\CÚ~~""'~ «We.. '\s ..2..c..-.o....à '~\t."'s.\~ (tbM.·f\I'f:(C.~cJl..
~~ ~m'('l'\.\J..~"'~ CQ)(V'\~c.:\~. (\t\o.."c\.~ ~~~ "$ "'-\)~ 0... """o..~ or
~çu~ {Q.('e.. Q.v-.c\'~ ~{o..,^-~""'~ ~ ~,'S. s~,,~ e).~o('\ c:dc~
~\ð.~ \..o..",~ \.).:).\\ ~\ ~c--.~E.. d-e.~Q~"""-e.Y'\\ .,,.... ~~ ""'Ç~Q.,.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
"\.Q ~~~~ \O~,\&~ ~',\.\ ~ \\:)Ca.~A ~ ~~ e \.\.s.-\-ì.~ o..cc:eSS
ð.'t',,~v.)(J.; ~~ \.,..,~~ç~á ~\~. \. ~\..\:,\:..-es. Q.~c:\ o~
~)..ðwr-~ -\0.<':..\, V\'E' ~ ~..\\ ~ ~\o\.hd..o.Å ~ -t'ec'-.-u,,;'i'e.tJ. ~ c..~~
(o~-e..
5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
C:""'H-e~ a.c.c..e $$ ð..'(",v.t.\oIo.Jo,.~<; a.'(~ ~~\ ~"'~ \V'\\.e."~'-eá ~~~\ \k
y(»~o~& \cv..',\A~~ v;:>'...\\ ~ ~\ ~ \cdJc:. ~'<Mr. \/.-, rt-u.>ùod
~~. ~,d--.. ',50 0.. ~~~Of ~"ou.C\¡\..~'€......
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6. Except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception, In aU 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; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
~. s~"cJì -e~~w,- \.).;>.\\ o-.U.OuT' ~~ s~C't~ ~.,~ ~Jr~'c
of ~~r ~..~, ~~. ~ ,~~~,Ç.~~ ~:t ""-"O~w.4cJ. v"...~
-:t:.y-o..~\- s.ee... ~CV\ of-~ -:t:'~~$\ \lot. Gc.",,~c..:\ ~ ~ ~ ~.. ~
(' '..~.. coÅE.... \...:)0 ~ø.,,~¥"~ ~Cl.(OA.... o..~ \a.Q..:~ e.1.~~~d) ~ ~
VÑ~o~& 'o-..(..\d.~. k ~~'Q\C\.~cf). ~ ~,b\," '/~'''' ~. M ~
n..»s.\.~"'~ Cl\QO~. ~ D~ ~\>\,c~ . C'o~\'\;.~ U.h\'\ ~ 'Me..-\-.
7. The proposed use will be consistent with the short-range Comprehensive
Plan of the City.
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~. (~Go.! \I"c..~\-e. <t ~ (lç Q 0... .
E. 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
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01/27/05 02:13 319-337-3198 ~ 239 2394745
NO. 371 P001/001
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NOTE: CondltloJls. In permitting a special exception. 1M Board may Impose appropriate
conditions and safeguard&, Including but not IImlt8d to planting screens, fencing,
construction commencemlnt and completion deadlines, lighting. operational controls,
Improved traft1c circulation requirements. highway ace... restrictions, Increa....
minimum yard requl......nts, parking requirements. limitations on the duration of a use or
ownership or any other requirement which the Board deems appropriate under the
ctrcumstancft upon a finding that the conditions are MC8SSafY to fulfill the purpose and
Intent of the Zoning Chapter. (Section 14-1W-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 Clerkl
unless the applicant shall have taken action within the six (6) month period to
estabUsh 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 tile penDlt. 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 orIginat appeal or application.
(Section 1UW..3E. City Code). .
PetItion for writ of œrtior-arl. Any person or persons. jointly or ..v......,. aggrieved
by MtV decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or bollrd of the CKy may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is Inegal, In whole or In part. and &peCifylng 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 flllng of the decision In the office of the City Clerk.
Date:
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EXHIBIT "B"
Iowa City Tire & Service, Inc. has been in the automobile tire and repair business in Iowa City,
Iowa for over 20 years. It has been located at its present location, 404/410 Kirkwood Avenue, at the
comer of Maiden Lane and Kirkwood Avenue, since 1994. It is located in an Intensive Commercial
zone.
Iowa City Tire & Service, Inc. would like to build a 50'x 60' pole building (wood frame and steel
siding) in the northwest comer of its lot. The purpose of the proposed building would be to add two
additional mechanic bays as well as to provide additional warehouse space for inventory and
supplies so that those items could be kept in an enclosed structure and kept out of sight.
Pursuant to the Iowa City zoning regulations, it is our understanding that this particular lot has two
20-foot "front yard" requirements, one along Kirkwood Avenue and one along Maiden Lane. To
facilitate the size of the building needed (50'x 60') in a location (far northwest comer of the lot) that
will not be disruptive to public safety and which will enhance both the surrounding area and the
applicant's business, Iowa City Tire & Service, Inc. is asking for a special exception granting a
modification from the front yard requirements along Maiden Lane so that the proposed building can
be built approximately 5.5 feet from the lot line.
It would be practically difficult to have the building located anywhere else on the lot. The proposed
building cannot be located on the east side of the lot because it would interfere with the primary
parking area and would block access to the existing mechanic bays located in the northeast comer
of the east building. If the proposed building was elongated on the west side to comply with the
front yard requirements, it would interfere with its purpose and would impact the traffic flow from
the western access off Maiden Lane as well as with access to the commercial spots in the west
building and the apartments above.
If the special exception is granted, the proposed building would still be located more than 18 feet
from the actual street (Maiden Lane) because of the railroad tracks that run through the eastern side
of the Maiden Lane right of way. Furthermore, the proposed building would be located more than
150 feet back from the intersection of Kirkwood Avenue (a major thoroughfare) and Maiden Lane
and would not interfere with visibility at that intersection. With front yard requirements along both
Kirkwood Avenue and Maiden Lane, even if the special exception was granted for this proposed
building over 88% of the lot's two frontages would still comply with the 20-foot front yard
requirement. In addition, the proposed building would not be eliminating any parking spaces.
Maiden Lane is not heavily traveled and is used primarily to access the local businessð alongîtJiat
street. The immediate surrounding area is zoned Intensive Commercial and nearby p~etIT i~:~
zoned Community Commercial. The construction of the proposed building will be añl:fìW~StrI¥1*t in,
the area and would be an asset to other businesses in the immediate vicinity. .......",.,;:
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Mid American Energy Company has relocated a gas main to accommodate the propo~dpUiI,ª,g.
Furthermore, the company using the railroad tracks has been contacted and the pro~6uil4@g
meets all of its regulations. )'C~ ..
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LEGAL DESCRIPTION:
SEE PAGE 2 FOR PROPERTY DESCRIPTIONS.
PAGE 1 OF 2
GARY J HARDING PRO£RTI£S LLC
928 MAID£N LN.
CLASS: COMM£RCIAL
ALLEY
60.56'
PROPERTY
LINE
J' PROPOS£D £XISTING
TlR£
- STORAc:E: - - - i=~
AND (2) BAY
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£XISTlNG
GOODY£AR
BUILDING
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OUTDOOR
COV£R£D
STORAG£
EXISTING
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APTS.
EXISTING
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STALLS
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KIICWOŒ) AŒ
H£ARTLAND FINANCIAL GROUP INC.
401 KIRKWOOD AV£.
CLASS: COMM£RCIAL
NOTE:
ALL TREES SHOWN ARE EXISTING.
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20
van winkle-jacob engineering, inc.
2570 holiday road
coralville, iowa - 319-338-4939
GOOD YEAR TIRE STORE
PLOT PLAN
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STAFF REPORT
To: Board of Adjustment
Prepared by: Robert Miklo
Item: EXC05-00005 Sycamore Mall
Date: March 9, 2005
GENERAL INFORMATION:
Applicant:
Sycamore Mall
1600 Sycamore Street
Iowa City, IA 5220
Phone:
338 6111
Requested Action:
Reduction of required off-street parking.
Purpose:
To allow additional commercial space and movie
theaters,
Location:
1600 Sycamore street
Size:
21.7 acres
Existing Land Use and Zoning:
Commercial Shopping Center
Surrounding Land Use and Zoning:
North: Commercial Office, Residential, Industrial -
CO-1, RS-5 and 1-1
South: Residential, Highway 6 - RS-12
East: Commercial and Industrial- CC-2 and 1-1
West: Residential - RS-5
Applicable Zoning Code sections:
14-6N-1 H Modification of Parking Requirements
14-6W-2B Special Exception Review Standards
File Date:
February 9, 2005
BACKGROUND INFORMATION:
The Sycamore Mall property currently contains a variety of retail uses, restaurants and movie
theaters. Based on current parking requirements the existing development is required to have
1,369 parking spaces. There are currently 1,411 spaces on the property, The applicant would
like to construct additional commercial space in the northwest corner of the property and
additional theaters near the southwest corner of the property, The current theaters contain a
total of 1,200 seats, The applicant is proposing to add 800 seats. Based on the parking
requirements the proposed development would require 248 space (206 more space than
currently exist on the property), The proposed additions would also displace 51 existing parking
space, As a result the property would not have sufficient spaces to satisfy the requirements of
the zoning code,
Section 14-6N-1 H of the zoning code allows the Board to consider special exceptions to reduce
2
the required number of parking space by up to 50% where it can be demonstrated that the
specific use has characteristics such that the number of parking spaces required is too great.
The applicant is requesting such an exception to reduce the required number of spaces to one
space per 200 square feet, rather than having the parking requirements for restaurants and
theaters calculated on occupancy load of the seating area. If approved the special exception
would reduce the required number of parking spaces for the existing mall and the proposed
additions from 1,617 spaces to 1,327 spaces (a reduction of 18%).
ANAL YSIS:
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 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 Standards: 14-6N-1 H Modification of Parking Requirements
Subsection 14-6N-1 H of the Zoning Chapter states that where it can be demonstrated that a
specific use has characteristics such that the number of parking spaces required is too restrictive
the Board may grant a special exception to allow not more than a fifty percent reduction. The
applicant contends that the manner in which the zoning code calculates the required number of
parking spaces for a shopping center results in a requirement that is too high,
To demonstrate this contention the applicant has conducted a count of the parking spaces being
used (see attached Sycamore Parking Count). The counts where conducted Saturday February
19, Wednesday, February 23 and Friday, February 25. The counts were taken at three times per
day - Noon, 3 PM and 7 PM. To facilitate counting, the mall parking lot was divided into 12
subsections (see attached map), The second column of the table indicates the number of parking
spaces for each subsection and the total number of spaces for the entire mall. The subsequent
columns report the number of parking spaces that were being used at three points in time on the
three days that the counts were taken.
The peak period of parking usage based on these counts was Saturday afternoon when 644 of
the 1,384 of the parking spaces were being used, This is a usage rate of 46%. The actual peak
parking demand at the mall likely occurs in late November or in December. The applicant does
not have counts for that time of year. Even though parking counts are not available for the busiest
time of the year, in staff's view, the counts provided by the applicant demonstrate that the number
of parking spaces required by the zoning code and the number of spaces provided by the mall, far
exceed the actual demand for parking spaces.
The applicant has also submitted information from the existing movie theaters indicating that peak
attendance occurs at approximately 9:00 PM when most of the other businesses in the mall are
closed and not generating a demand for p~rking spaces (see attached Sycamore Theater
attendance detail). The earlier movie showings generally had attendance well under 25% of the
theaters 1200 seat capacity. In staff's view this information demonstrates that additional theater
seats could be added without resulting in a shortage of parking spaces.
General Standards for the Granting of a Special Exception: In addition to determining that the
number of parking spaces required by the zoning code is to great, the Board must find that the
applicant meets several standards spelled out in chapter 14-6W-2B, The applicant's statements
regarding each of the seven general standards are included within the attached application, and
Staff's findings are below.
A. The specific exception will not be detrimental to or endanger the public health, safety,
3
comfort or general welfare. Based on the data provided by the applicant, Sycamore Mall
provides parking spaces well in excess of actual demand, Addition theater seats and
commercial space should be able to be added to Sycamore Mall without causing spill over
parking onto adjacent public streets or private properties.
B. 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. See A above.
C. 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 adjacent properties are currently
developed with residential, commercial and industrial uses. The mall is surrounded by arterial
streets on all but one side. This contains it in such a way that spill over parking into the
adjacent areas is unlikely if demand for parking at the mall were to exceed supply.
D. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. The mall currently is served by adequate facilities, The additions are not
expected to over burden these facilities,
E. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. See item D above.
F. Except for the specific regulation 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. If this
special exception is granted the site plan and building permit will need to demonstrate
conformance with all other applicable City Codes.
G. The proposed use will be consistent with the Comprehensive Plan of the City, as
amended. The Comprehensive Plan indicates that this area of the city is appropriate for
general commercial development. The Plan also supports focussing commercial development
in defined commercial centers such as Sycamore Mall, rather than developing strip
commercial development that encourages sprawl. A special exception which allows better use
of existing parking areas conforms with this policy of the Comprehensive Plan,
STAFF RECOMMENDATION:
Staff recommends that EXC05-00005, an application for a special exception to reduce the
required parking space for Sycamore Mall by calculating required spaces at a ratio of 1 space per
200 square feet of building area be approved.
ATTACHMENTS:
1 . Location Map
2, Application Documents
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Approved by: -.- ~
Karin rankhn, Director,
Department of Planning and
Development
Community
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APPEAL TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
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PROPERTY PARCEL NO.
APPEAL PROPERTY ADDRESS: I~a:; 'Z;t'aøtYæ ßT
APPEAL PROPERTY ZONE: C!.c.. z.. APPEAL PROPERTY LOT SIZE: ~. 1 A~s
APPUCANT: Name: Sý~(¿ M,4.¿l,
Address: / (po() ~(!A/I1oee 0/
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Phone: 3Ig. a~/~~~
CONTACT PERSON: Name:, OW/f¡"H7 t?óßß~~(N
Address: 1// ~ ~(JUf~ ~.
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Phone: -¡}I ~ ~5.~.(er7~
PROPERTY OWNER:Name: Mlf-O LG.
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Address: /I?ø SY'(!..4;HrJ~ Sf:
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Phone: " B/fl). 3~ . hilt
Specific Requested Special exception; Applicable Sectlon(s) of the Zoning Chapter:
O~F f5TRffÆT P.4RJt~ RÞqu'2eMEiVr~ ~ 1~1~-t~
Purpose for special exception: To 1<.6fXJCG '1l-Ie f?ARK/IC/~ :,.; ::: '-3
R€(!}(jIRG"feNl5 /hÙ;WtA/6:- At)IJlnONAl- Ofil/G~~' ~~
Date of previous application or appeal filed, if any:
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INFORMATION TO BE PROVIDe)) BY APPUCANT:
A. Leaal descrlDtlon of property: sæ AJTAcAMEAlT
8. *Plot Dlan 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 abuUlng the property In question;
6. Parking spaces and trees - existing and proposed.
rSubmlssion of an 82" x 11" bold print plot plan Is preferred.]
C. 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.
$~ ÂfTAt!mHeJr
D. The applicant Is required to present sDeclflc Infonnatlon, not Just opinions, that the
aeneral standards for the granting of a soeclal exceotlon (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.
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2. The ,specific proposed exception will not be Injurious to the use and
enjoyment 0( other property In the Immediate vicinity and will not
substantially diminish and Impair property values In the nelghbc)rhood.
3. 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.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
5~ Adequate measures have been or will be taken to provide Ingress or egress
designed so as to minimize traffic congestion on public streets.
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6. Except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception, In all other respects,
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conforms to the applicable regulations or standards of the zone In,whlch 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 14-8N-1, Off-street Parking Requirements; Section
14-8Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
7. The proposed use will be consistent with the short-range Comprehensive
Plan of the City.
E. 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
5eê MTA CfJt11 &Jr
ADDRESS
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NOTE: Conditions. In permitting a special exception, the Board may Impose appropriate
conditions and safegu~, Including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
Improved trafftc 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 wlth'n 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, Jointiy 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 ~1erI<. ~
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Date:
Slgnature(s) of Appllcant(s)
Date:
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Slgnature(s) of Property Owner(s)
if Different than Appllcant(s)
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SPECIAL EXCEPTION FOR:
REDUCTION IN PARKING REQUIREMENTS AT THE SYCAMORE MALL
A. LEGAL DESCRIPTION: All oflots 1,2,3,4, 7 and part oflots 5 and 6 of Mall
First Addition, Iowa City, Iowa as per plat thereof recorded in plat book 9, page
41, records of Johnson County, Iowa.
B. PLOT PLAN: See Attachment
C. REVIEW: This special exception is to change the parking requirement for the
entire Sycamore Mall property to I space1200 sf. gross area; including Sycamore
Mall (plus 800 seat theater addition), Sycamore North (the strip development to
the north), McDonald's, and the future development of Outlot #1. The total gross
building area is approximately 265,574 sf. This would change the number of
required parking spaces to 1,327. Refer to the attached parking tabulation sheet.
Currently there are 1,411 parking spaces. The requixed number of parking spaces
based on the various occupancies at this time isi:369 including 306 spaces for the
existing six movie theaters. Under the present zoning code, the total number of
spaces required with the proposed development of Outlot #1 and the addition to
the movie theaters is 1,617 spaces.
The parking lot at the Sycamore Mall is not used to its full capacity. Peak parking
times vary from tenant to tenant reducing the need for the number of parking
spaces required by the present zoning code. For example, the peak parking time
for the Cinema Six Theaters is much later in the day than for Panera's or
Laundramania.
D. SPECIFIC INFORMATION:
1. Sycamore Mall owners feel that there is currently excess parking at the
Sycamore Mall. This has been indicated by our parking counts at various
times of the week. In lowering the parking requirement for expansion, this
will not cause any parking to overflow off Sycamore Mall property.
2. The Sycamore Mall already has excess parking and the additional
investment to the mall property would more than likely enhance the
property values of the local neighborhood.
3. The parking counts indicate that we have excess parking and the
additional development to the mall would benefit other local businesses in
the area.
4. The mall property is surrounded by arterial streets that easily handle the
traffic flow within the area.
5. The entire parking lot at Sycamore Mall was redesigned in 2001 to
provide for better traffic flow.
6. The current site plan was approved when improvements were made in
2001.
7. By changing the parking requirements at the Sycamore Mall property, this
will allow for the developer to add additional space to the mall which is
consistent with the City's short range comprehensive plan to encourage
commercial development within existing commercial areas.
E. PROPERTY OWNERS:
Name Address Property
Gene and Phyllis 1429 Sycamore St. Same
Vineyard
Kari Clark and Olive 1430 Sycamore St. Same
Clark
Richard and Mary 1433 Sycamore St. Same
Lahr
Keith and Rosemary 1434 Deforest Ave.
Stanley
Janet Fuller 1714 Deforest Ave. Same
Milo and Beverly Palmer 1715 Deforest Ave. Same
Community Coordinated 1500 Sycamore St. Same
Child Care
Faith United Church of 1609 Deforest Ave. 1625 Deforest Ave.
Christ
Paul and Jill 1819 High St. 1802 Deforest Ave.
Van Dorpe
Donald and Bernadine 1804 Deforest Ave. Same
McChristv
Mary Hagen 1808 Deforest Ave. Smae
James Fortner
Eric and Mary 1809 Deforest Ave. Same
Hesse
James and Anya 1811 Deforest Ave. Same
Walker
Raymond Van Dougherty 1813 Deforest Ave. Same
Rose Lagrange
Richard E Robbins 2262 Holiday Rd #105 1815 Deforest Ave
Coralville, Iowa 52242
Joshua Wainwright 1819 Deforest Ave. Same
Andrea Thomas
Norma Rarick 1825 Deforest Ave. Same
Timothy Hartung 1506 Spruce St.
Elvert and Mildred 1507 Spruce St. Same
Lombard
Kevin and Melissa 1510 Spruce St. Same
Bugge
Joseph and Sharon 1511 Spruce St. Same
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
FEBRUARY 9, 2005
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
DRAFT
MEMBERS PRESENT:
Carol Alexander, Michael Wright, Ned Wood
MEMBERS ABSENT:
Karen Leigh, Vincent Maurer,
STAFF PRESENT:
Robert Miklo, Sarah Holecek
OTHERS PRESENT:
Allan Berger, Tim Krumm
CALL TO ORDER:
Vice chairperson Alexander called the meeting to order at 5:10pm.
CONSIDERATION OF THE JANUARY 12. 2005 BOARD MINUTES
MOTION: Wright moved to approve the minutes from January 12, 2005. Wood seconded the
motion. Motion passed 3:0.
SPECIAL EXCEPTIONS:
EXC05-00002 Discussion of an application submitted by Alan Berger for a special exception to allow the
operation of a small animal veterinary clinic on property located in the Commercial Office (CO-1) zone at
3030 Northgate Drive,
Before beginning the staff report Miklo showed a map with the location of the property. He said that the
property is zoned Commercial Office (CO-1) which allows a variety of Commercial Office uses, and
contemplates possibility of small animal or veterinary clinic by special exception,
Miklo said that there are three specific requirements: 1) all aspects of the operation of the clinic, including
any accessory use, must be conducted completely indoors within a single, soundproofed building, 2) the
structure housing the clinic cannot be located within 200 feet of a residential zone, and 3) no odors or
noise from the clinic shall be discernible from any lot line, Miklo mentioned that the applicant is aware that
no aspects of the clinic are allowed outdoors, He said that the clinic is proposed near the center of the
property which should provide sufficient buffer space between the clinic and future office uses in vicinity,
He said this property is well over 200 feet from any residential property,
Miklo said that the seven general standards are met.
Staff recommends that EXC05-00002 an application submitted by Alan Berger for a ,special exception to
allow the operation of a small animal veterinary clinic on property located in the Commercial Office (CO-1)
zone at 3030 Northgate Drive be approved, provided that the applicant demonstrates to the building
official that the portion of the building containing the clinic will be soundproofed,
Public HearinQ Opened
Alan BerQer. 3005 Highway 1 NW, said that he would be happy to answer any questions that the board
would have,
Public HearinQ Closed
MOTION: Wright moved that EXC05-00002 an application submitted by Alan Berger for a special
exception to allow the operation of a small animal veterinary clinic on property located in the
Commercial Office (CO-1) zone at 3030 Northgate Drive be approved, provided that the applicant
demonstrates to the building official that the portion of the building containing the clinic will be
soundproofed. Wood seconded the motion.
Wright said that he would vote in favor of the application, He said that the specific provision required for
animal clinic are met, and that the proposed exception would 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
Iowa City Board Of Adjustment Minutes
February 9, 2005
Page 2
neighborhood, The establishment of the specific proposed exception would 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 would be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. He mentioned that adequate utilities, drainage and access
are in place, and it is consistent with the Comprehensive Plan of the City.
Alexander would also vote in favor. She said that in addition tQ general standards, the specific standards
all seem to be met. The clinic would be conducted completely indoors, the clinic would not be located
within 200 feet of a residential zone, and no odors or noise from the clinic should be discernible from any
lot line,
Wood would also vote in favor. He said that the biggest concern is that it would not be injurious to the
property in the immediate vicinity, and the soundproofing, and odor control. He said that these aspects
are taken care off.
Motion passed 3:0.
EXC05-00001 Discussion of an application submitted by Craig Fairlinger for a special exception to allow
for the separation of two non conforming parcels into two residential lots for property located in the Low
Density Single-Family Residential(RS-5) zone at 1518 Crescent Street.
Miklo said that there is a provision in the City Code that says that if a nonconforming lot of record
becomes in a single ownership with an adjacent parcel, both parcels are considered to be a single parcel.
He said that the zoning ordinance recognize that there are certain situations when these small non
conforming lots could be developed in ways that are conforming to the surrounding neighborhood, and
therefore provide a special exception that the Board can review.
He said that the Board is asked to determine that it is an appropriate single-family development,
compatible with the neighborhood. Miklo presented illustrations with the proposed plan, and pictures of
other houses in the neighborhood.
Staff recommends that EXC05-00001 an application submitted by Craig Fairlinger for a special exception
to allow for the separation of two non conforming parcels into two residential lots for property located in
the Low Density Single-Family Residential(RS-5) zone at 1518 Crescent Street be approved, subject to
the following conditions: 1) the single-family dwelling constructed on the lot substantially conforming with
the attached plans provided by the applicant, and 2) the vehicular access to the two lots be restricted to
the alley and no driveways be permitted to Crescent Street.
Alexander asked if most of the lots of similar size in the neighborhood have single-family houses, Miklo
answered that it is true,
Wood asked if the height of the new building would have a similar height as other existing buildings, Miklo
answered that it would be similar to other houses from the vicinity.
Public HearinQ Opened
NONE
Public HearinQ Closed
MOTION: Wood moved that EXC05-00001 an application submitted by Craig Fairlingerfor a
special exception to allow for the separation of two non conforming parcels into two residential
lots for property located in the Low Density Single-Family Residential(RS-5) zone at 1518 Crescent
Street be approved, subject to the following conditions: 1) the single-family dwelling constructed
on the lot substantially conforming with the attached plans provided by the applicant, and 2) the
vehicular access to the two lots be restricted to the alley and no driveways be permitted to
Crescent Street. Wright seconded the motion.
Iowa City Board Of Adjustment Minutes
February 9, 2005
Page 3
Alexander would vote in favor of the application, She said that the requirement of being a single-family
house it s met, the design would fit well within the neighborhood, She added that it should have little or no
impact on the near-by properties, so it would 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 specific proposed exception would not impede the normal and orderly development and improvement
of the surrounding property. Adequate measures would be taken to provide ingress or egress designed to
minimize traffic congestion on public streets,
Wright would also vote in favor. He said that it meets the requirements for the specific standards by being
a single-family unit, and in concordance with the general aspect of the neighborhood. It meets all general
and specific standards required,
Wood would vote in favor of the application. He mentioned that the standards would be met. It would not
be injurious to the use and enjoyment of other property in the immediate vicinity. It would fit nicely with the
neighborhood.
Motion passed 3:0.
OTHER:
EXC04:00016 consideration of an extension for the expiration date of EXC04:00016 to permit Transient
housing in the Intensive Commercial (CI-1) zone located at the southeast corner of the intersection of
Southgate Avenue and Waterfront Drive,
Miklo said that the decisions of the Board are good for six months, and within this time the applicant
should start the activity approved, He added that the Zone Ordinance does provide that there can be an
extension of the period for good cause, without any public notice, or hearings. He said that the applicant
has submitted a letter asking for an extension, and presenting the reasons, He added that the applicant
has asked for a 6 months extension starting after the litigation regarding this property ends, '
Public HearinQ Opened
Krumm said that he is a lawyer that represents the Shelter House, He said that the decision of the Board
was filed on August 3. 2004, and they could not pursue the construction of the facility because of litigation
that is pending. He said that the trial is set for April 19 and would be hopefully followed by a supportive
decision. Krumm said that the Shelter could not construct the building while being in litigation and that
would be the reason for requiring an extension, He said that they are asking, if possible, for a 6 months
extension starting after the litigation's end,
Public HearinQ Closed
MOTION: Wright moved that Board of Adjustment extends the special exception EXC04:00016 to
permit Transient housing in the Intensive Commercial (CI-1) zone located at the southeast corner·
of the intersection of Southgate Avenue and Wateñront Drive for 6 months starting after the
litigations and any appeals end. Wood seconded the motion.
Alexander would vote in favor. She said that the standard for extenuating circumstances is easily met.
Wright would vote in favor. He said that the circumstances are beyond the control of the applicant.
Wood would also vote in favor. He said that it is beyond the control of the applicant.
Motion passed 3:0.
ADJOURNMENT
The. meeting adjourned at 5:42pm
s:/pcd/minutes/BOA/2005/02-09-05,doc
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