HomeMy WebLinkAbout09-14-2005 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, September 14, 2005 - 5:00 PM
EMMA J. HARV A THALL
A. Call to Order
B. Roll Call
C. Consider the August 10, 2005 Minutes
D. Variance:
VAR05-00001 Discussion of an application submitted by Keming Zeng and
Jie Zhou for a variance to permit up to 30 roomers for property located in the
Neighborhood Conservation Residential (RNC-12) zone at 932 E. College
Street.
E. Special Exception:
EXC05-00015 Discussion of an application submitted by Iowa City Ready Mix
for a special exception to allow additions to a cement plant located in the
General Industrial (1-1) zone at 1854 South Riverside Drive.
F. Other:
G. Board of Adjustment Information
H. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING -October 12, 2005
STAFF REPORT
To: Board of Adjustment
Prepared by: Robert Miklo
Item: VAR05-00001, 932 E. College
GENERAL INFORMATION:
Date: September 14, 2005
Applicant:
Kerning Zeng and Jie Zhou
932 E. College Street
Iowa City, IA 52240-5558
319-337-2020
Requested Action:
Variance from the permitted number of roomers to
allow 30 roomers
Location:
932 E. College Street
Size:
0.17 acres
Existing Land Use and Zoning:
Residential, RNC-12
Conservation overlay zoning
The building is a contributing historic structure to the
College Hill Conservation District.
Surrounding Land Use and Zoning:
North:
East:
South:
West:
Residential, RNC-12
Residential, RNC-12
Residential, RNC-12
Residential, RNC-12
Comprehensive Plan:
The site is located within a conservation overlay
zone (OCD).
Applicable Code Requirements:
Section 14-6D-9C7, Special Provisions; 14-6W-2C,
review standards for the granting of variances
File Date:
August 11, 2005
BACKGROUND INFORMATION:
The applicants, Keming Zeng and Jie Zhuo, are requesting a variance to allow up to 30
roomers to occupy the building at 932 E. College Street in the Neighborhood Conservation
(RNC-12) zone.
In 1997 a variance was granted to allow a rooming house for 30 residents subject to: 1) the
variance being conferred specifically to Leighton House, L.C., which will provide resident
management of the rooming house consistent with the principles outlined in the business plan
for Leighton House, L.C. dated July 1997; the density variance is not applicable to any
successors in title to the property, 2) any exterior change to the structure requiring a building
permit requiring approval by the Historic Preservation Commission, and 3) the removal of the
concrete basketball court located in front of the residence, and the installation of landscaping in
its stead.
2
Because of condition number 1) the rights of the variance do not transfer with the sale of the
property and therefore the current applicant is seeking a new variance. In absence of a
variance the property is permitted to be used for a non-conforming rooming house with a
maximum occupancy of 13 roomers. The property could also be used for a permitted use in the
RNC-12 zone, including a single-family home, a duplex or family care facility if 4 parking
spaces could be provided. Potential special exceptions would include an Elder Family Home or
an Elder Group Home.
In 2000, the property was rezoned from Neighborhood Conservation Residential Zone RNC-20
to RNC-12, which is intended to "stabilize existing residential neighborhoods by preserving the
predominantly single-family residential character of these neighborhoods and preventing
existing multi-family uses in these neighborhoods from becoming nonconforming (Ord. 94-
3608,2-1-1994)." Specifically, the previous RNC-20 zoning permitted rooming houses and
fraternity/sorority houses as provisional uses while the current RNC-12 does not.
The property was nonconforming before 1997 and continues to be non-conforming today for two
reasons: (1) the occupant density is higher than allowed in the zoning designation; and (2) the
property does not provide adequate parking. The Zoning Chapter sets the maximum density for
rooming house in the prior RNC-20 zone through the requirement that "the total floor area shall
not exceed three hundred thirty (330) square feet for each one thousand eight hundred (1,800)
square feet of lot area, and there shall be at least one hundred (100) square feet of floor area
for each roomer (Subsection 14-6D-9C7)." The request property has an existing building with
8,752 square feet of floor area; this exceeds the rooming house size permitted on the 7,440
square foot lot by 7,388 square feet [8,752 square feet (actual size) - 1 ,364 square feet
(permitted size) = 7,388 square feet (excess size)]. The nonconforming building size is allowed
to continue in place, but the density is limited to the number of roomers permitted given the lot
size of 7,440 square feet. In this instance, 13 residents are permitted [7,440 square foot lot
divided by 1,800 square feet = 4.133 x 330 square feet = 13.63 or 13]. The applicants are
requesting that 30 residents be permitted in the rooming house - 17 residents in excess of the
maximum permitted.
The applicants are requesting a variance from the density requirements prescribed in
Subsection 14-6D-9C7. The application relies on a business plan created for the Leighton
House L.C. in July 1997 as a description of their proposed business (copy attached). Several
key components of the business plan are out-of-date and do not appear to be applicable for
this variance application. Specifically, the business description including staff biographies and
financial data have not been updated to accurately reflect the applicants' professional
experience or expected expenses/income. Staff has requested an updated business plan which
has not been provided to date.
ANAL YSIS:
GENERAL STANDARDS: 14-6W-2C, POWERS OF THE OF THE BOARD OF
ADJUSTMENT IN VARIANCE APPLICATIONS
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 variance to allow 30 roomers only if the requested relief is found to meet all
of the tests for variances as set forth in Section 14-6W-2C. The burden of proof in these tests
rests with the applicant.
3
No variance to the strict application of any provision of the Zoning Chapter may be legally
granted by the Board unless the applicant demonstrates that all of the following elements
are present:
1. Not contrary to the Public Interest:
a. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse affect on the use or value of other properties in the area
adjacent to the property included in the variance. Staff finds that the application does
not meet this test. The maximum occupancy is in place to guard against overcrowding,
and strain on public and private utilities and facilities necessary to serve a residential
neighborhood. The applicant's property is located in a part of the city where there is an
evident shortage of both on- and off-street parking. Unless operated under the existing
variance, the property may be used to house up to 13 roomers yet provides only 2 off-
street parking spaces. In staff's opinion, allowing a total of 30 roomers, will likely result
in additional traffic and demand for on-street parking. Granting the applicant special
privileges not enjoyed by neighbors, will add to the parking congestion in this
neighborhood. In 1997 Staff had recommended that the variance not be granted due to
similar concerns and our opinion that the application did not meet the legal test for a
variance. In Staff's view the current application is even more tenuous due to the lack of a
specific business plan.
The business plan on which the Board of Adjustment based its 1997 decision relied on
the then applicants' educational background and expertise, plans to provide twenty-four
hour on-site resident management by an experienced educator, academic support,
professionally prepared meals, housekeeping, transportation, offsite parking, security
and plans to renovate the building. The current applicant has provided no information
regarding their educational credentials or management skills or specifics on how they
would implement the business plan.
In 1997 the then applicant had indicated the parking would be addressed through leased
spaces in the Chauncey Swan public parking ramp and that transportation would be
provided between the ramp and 932 College Street. The City's Parking Division
indicates that in 1997 two spaces were leased for a period of three months. After the
initial three month lease expired, it was not renewed. The current applicant has not
addressed how they would provide parking.
b. The proposed variance will be in harmony with the general purpose and intent of
the Zoning Chapter and will not contravene the objectives of the Comprehensive
Plan, as amended. Staff finds that the application does not meet this test. For a number
of years the Comprehensive Plan and zoning map have reflected the City's intention to
"stabilize" this and surrounding neighborhoods. The rationale provided during the
neighborhood's recent down-zoning (2000) was to prevent demolition of single family
homes, and the primary justification for this decision was the preservation of the historic
character of the neighborhood.
Although it would be appropriate to allow the 932 E. College property to continue
housing students - consistent with its historic use - it would be inappropriate to
increase occupancy from 13 to 30. More than doubling occupancy will increase
congestion, noise, and neighborhood-wide parking problems. The consequences of
increased occupancy are contrary to efforts to stabilize and preserve the character of
the neighborhood.
4
2. Unnecessary Hardship: The test for unnecessary hardship consists of three prongs,
each of which must be proven by the applicant for the Board to legally grant a variance:
a. The property in question cannot yield a reasonable return if used only for a
purpose allowed in the zone where the property is located. Staff finds that the
application does not meet this test. The applicants have not submitted any financial
information that would allow the Board to come to the conclusion that this property can
not yield a reasonable return if used for a rooming house for 13 occupants. The
application refers to the 1997 business plan as evidence that the property can not yield
a reasonable return. The business plan is out-of-date and does not reflect the current
circumstances of the applicants, nor does it adequatly justify the need for more
roomers.
Even if the applicant was able to show that the application of the zoning law to his
property resulted in a diminishment of value, Iowa courts have found that in order to
justify a variance, it must be proven that the strict application of the zoning law practically
destroys the value of the property. The ordinance must operate so as to be in effect
confiscatory. Mere diminishment of profit is not sufficient to satisfy the test of inability to
yield a reasonable return necessary to legally allow the Board to grant a variance
(Deardorf v. Board of Adjustment of the Planninq and Zoninq Commission. 118 N.W. 2"tl
78 (Iowa 1962).
b. The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood. Staff finds that the application does not meet this
test. Granting a variance to allow 17 additional occupants for this property would convey
a special privilege to the applicant that would not be afforded other property owners
who are in similar situations. There is nothing special about the physical characteristics
of the property that warrants special privileges to this property that other rental
properties in this neighborhood do not enjoy.
For comparison purposes, staff identified four similar rooming house properties (3
historic buildings and 1 non-historic building) in the neighborhood. With 13 occupants
the property at 932 E. College currently is allowed the highest density of all of these
properties (1.8 persons per 1000 square feet). If the variance is granted the property
would have 4.1 persons per 1000 square feet - more than double similar properties in
the neighborhood.
Table 1. Comparison of occupancy and parking
Parking
Lot Area Occupants! Spaces!
Location Occupants (sq. ft.) 1000 sq. ft. Parking sp. Occupant
200 S. Summit 16 17,433 .9 13 0.81
831 E. College 13 12,880 1.0 4 0.31
802 E. Washington 10 8,888 1.1 3 0.30
935 E. College 12 7,590 1.6 2 0.17
932 E. College 13 7,320 1.8 2 0.15
932 E. College w/variance 30 7,320 4.1 2 0.06
5
c. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title. Staff finds that the application does not meet this test. Although it
is true that changes in dimensional, density, and parking requirements were not caused
by the property owner or a predecessor in title, the applicant has not submitted any
information to show that the application of these standards to this property has resulted
in an unnecessary hardship.
The current owner's decision to invest in the property based on the 1997 business plan
was of their own making. In absence of the variance the then applicant (Phipps) was
aware that the property was limited to 13 roomers. They were aware that the Board
placed specific conditions on the variance in an attempt to address concerns raised by
staff and neighborhood property owners. They chose to invest in the property with these
conditions.
Because the application does not met any of the tests necessary for the granting of a variance,
the Board cannot legally approve this application for a variance.
STAFF RECOMMENDATION:
Staff recommends that VAR05-00001, an application submitted by Keming Zeng and Jie Zhou
for a variance from the zoning ordinance to allow 30 roomers in a Neighborhood Conservation
Residential (RNC-12) zone at 932 E. College Street be denied.
ATTACHMENTS:
1. Application
2. Leighton House, L.C. Business Plan July 1997
Approved by: 1.--£ If-
Kar.· Franklin, Director,
Department of Planning and Community Development
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P0D
APPEAL TO THE
BOARD OF ADJUSTME-f\JT
VARIANCE
Title 14, Chapter 6, Article W
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DATE: A.ugust 11, 2005
PROPERTY PARCEL NO. 1010480014
APPEAL PROPERTY ADDRESS: 932 E. College Street
APPEAL PROPERTY ZONE: RNC-20
APPEAL PROPERTY LOT SIZE: 7, 320 sq. ft.
APPLICANT: Name: Kerning Zeng and Jie Zhou
Address: 9 3 2 E. College Street
Phone: 33l - 20'2-0
CONTACT PERSON: Name: Robert R.· Phipps
Address: 321 Kirkwood Avenue
Phone: (319) 351-6832
PROPERTY OWNER: Name: Leiqhton House, L.C.
Address: 321 Kirkwood Avenue
Phone: (319) 351-68322
Specific requested variance; applicable section(s) of the Zoning Chapter:
The applicants request a variance p~rmitting up to 30 roomers, varying
from the provisions oftowa Cit¥Ci~y C~ge Section 14-6D-0(C)(7)
The applicants desire to purchase the real estate.
Reason for variance request: The terms of the current variance limit its applicatic
to Leighton House, L.C., therefore a new variance is being requested.
Date of previous application or appeal filed, if any: The property is currently subj ect
to VAR97-0004.
INFORMATION TO BE PROVIDED BY APPLICANT:
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A.
Leqal description of property:
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See Exhibit "A" attached hereto.
B. *Plot plan drawn to scale showing: See Exhibit "B" attached hereto
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. Land uses on and property owners of abutting lots; and
6. Parking spaces and trees - existing and proposed.
[*Submission of an 8" x 11" bold print plot plan is preferred.]
C. List of property owners within 300 feet of the exterior limits of the property involved in this
appeal:
NAME
ADDRESS
See Exhibit "e" attached hereto.
APPLICANT'S JUSTIFICATION:
Section 14-6W-2C of the Iowa City Zoning Chapter gives the Board of Adjustment power to
authorize upon appeal in specific cases such variances from the terms of the Zoning Chapter as
will not be contrary to the public interest, where owing to special conditions a literal enforcement of
the provisions of the Zoning Chapter will result in unnecessary hardship and so the spirit of the
ordinance shall be observed and substantial justice done. No variance to the strict application
of any provision of the Zoning Chapter shall be granted by the Board unless the applicant
demonstrates that all of the following elements are present: (emphasis added)
(Please respond specifically to each of the following, explaining your answers.)
<;"........, ,
Not contrary to the public interest.
, .
a.
Explain why the proposed variance will not threaten neighborhood integrity', 'or
have a substantially adverse effect on the use or value of other propert1esin the
area adjacent to the property included in the variance. , ' i
The property is currently subject to a variance of similar terms granted to
Leighton House, L.C., which by its terms does not transfer to a new owner.
The applicant requests: (1) that the variance be granted to the applicant; (2)
permit both male and female tenants in the rooming house; and (3) permit
the variance to run with the land, provided the real estate is operated under
Leighton House, L.C.'s 1997 business plan, with the exception of not being
limited to female roomers only.
Explain why the proposed variance will be in harmony with the general purpose
and intent of the Zoning Chapter, and not contravene the objectives of the
Comprehensive Plan.
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b.
The current use of the property is less disruptive and more compatible with
the surrounding neighborhood than the alternative options of a new
structure, having the building continue to be used as a fraternity or used as
an unsupervised rental property for a permitted use.
2. Unnecessary hardship.
a. Explain why the property in question cannot yield a reasonable return if used only
for a purpose allowed in the zone where the property is located.
A lower level of density will not yield a reasonable rate of return.
Applicants submitted, and were granted, V AR97-0004 based on a
demonstration that the business plan for the property requires a higher rate
of return for successful implementation. Additionally, prior to V AR97-
0004, the property was vacant for over a year, demonstrating that a
reasonable return could not be obtained.
b. Explain how the owner's situation is unique or peculiar to the property in question,
and the situation not shared with other landowners in the area or due to general
conditions in the neighborhood.
The property is unique by having a large building on a relatively small lot,
and also because the 1924 brick building is a contributing structure within
an older neighborhood; it is a historic structure that should be maintained,
not destroyed through disuse or razing.
c. Explain how the hardship is not of the landowner's or applicant's own making or
that of a predecessor in title.
The changes in dimensional, density and parking requirements over the
years as the zoning ordinance has been amended were not caused by the
property owner or by a predecessor in title. The density level of 30
residents will be less than the prevailing number of residents who lived in
the structure over_the past seven decades as part of a sorority or a fraternity.
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NOTE: Conditions. In permitting a variance, the Board may impose apprÇ5þriate. conditi.ons and
safeguards, including but not limited to planting screens;déncing,.constfuction
commencement and completion deadlines, lighting, operational cO'ritròls, improved,'tmffic
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-2C3, 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.
2005
'-
Date: August 11
2005
'-
s¡gn~nt(s)
LEIGHTON HOUSE, L.C.
Ev: ~_~~S;- £... ~
Signature{s) of Property Owner(s)
if Different than Applicant(s)
Robert R. Phipps, Ma~~ger
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Date: August 11
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J..tígbton J)OU5t, J...C.
1ßu5ínt55 ~ Ian
31uIp 1997
932 E. College Street
Iowa City, Iowa 52245
1.tíJlJton J)OU~t .u~ín~~ JIan
~ablt of ((onttnt~
I. General Business Description
II. The Company
III. The Market
IV. Market Research! Analysis
V. The Facilities and Services
VI. Financial Data
VII. Appendix
1.tígbton J)OU't. 1..((.
~ummar" JJUjín~' t.!ID!
GENERAL BUSINESS DESCRIPTION:
This proposed business will provide a distinctive, safe and supportive residential option
for female students attending the University ofIowa in Iowa City, Iowa. The
business/facility will be named "Leighton House" and will be structured as a limited
corporation under the statutes of the State of Iowa.
Leighton House will be located in an existing facility at 932 E. College Street (currently a
vacant building that was most recently occupied by Sigma Alpha Mu Fraternity.
The idea for this project grew out of the fact that the University ofIowa currently
provides no dormitory facilities exclusively for women. Additionally, the individuals
proposing this business have personal knowledge and experience of unacceptable housing
conditions and situations in Iowa City for the targeted female student population. There
is clearly a demonstrated need for this type of facility in the community.
The specific concept and operational plans for Leighton House are patterned after Hardin
House, a very successful, half a century old, business in Austin, Texas.
The managing partner and Director of Leighton House will be Diana Kay Leighton
Phipps. Mrs. Phipps will be assisted by her husband, John W. Phipps and will have
additional support and assistance from professional advisors and other private investors
in the project.
I.tígbton J OU~t .u~ín~~ tUan (contínutb...)
THE COMPANY:
Strategy: Leighton House will, primarily, meet the needs of first and second year female
students at the University oflowa. These students would typically be of somewhat
affiuent families and would, possibly, pledge a sorority during their first year of college.
It is expected that these individuals would desire to move into their respective sorority
houses beginning with their second year at U of I, if space allows. For those not
interested in joining a sorority, Leighton House will provide a similar environment with
the same, or greater, comfort, privacy, security, academic support and dining facilities
normally offered only by nationally affiliated sororities.
In so doing, Leighton House will fill an evident void in the housing options available to
female students attending the University oflowa and will be a most attractive option to
many parents, as well as students.
Mission: Leighton House will provide, for students and families who are willing and
able to pay for premium housing: privacy, security, safety and quality dining services in
tastefully elegant surroundings and a supportive environment.
Management: Leighton House will provide on-site resident managers with 24 hour/day
staffing. The managing partners, Mr. and Mrs. Phipps, will reside in living quarters on
the first floor of the building.
Diana Kay Leighton Phipps has a Bachelors Degree and significant graduate credits in
Education. Diana has been a classroom teacher for twenty-five years. She has served on,
and taken leadership roles on, numerous committees and projects during her teaching
career. Most significantly, for this project, Diana has served as cooperating teacher or
mentor for, at least, thirty education students and student teachers. Many of these
individuals have gone on to successful teaching careers and still maintain contact with
Diana, and continue to express their appreciation for her early support and "coaching".
Diana is experienced and talented in communicating with, and positively affecting
college aged students.
John W. Phipps has a Bachelors Degree and significant graduate credits in Business
Administration. John has nearly twenty-nine years of professional experience, beginning
with over seven years in law enforcement. The balance of his experience has been in
various aspects of business with the past nineteen years focused on Human Resource
Management. John is professionally certified as a Senior Professional in Human
Resources (SPHR) and is past president of the Eastern Iowa Human Resource
Association. John has also served as Chairman of the Iowa City Area Chamber of
l.tígbton J)OU~t .u~ínt~~ ¡}Ian (contínutb...)
Commerce Human Resources Committee and was instrumental in establishing a
Supported Employment Sub-Committee in the Chamber. John is also an eighteen year
veteran leader in the Boy Scouts of America and, in that role has successfully coached
and counseled numerous teenagers into their college years and beyond.
John and Diana have reared two children, both of whom attended the University ofIowa
and personally experienced the various trials and tribulations of student housing.
Additional management support will be sought rrom successful entrepreneurs and
professionals in various fields, some of who may be investors and silent partners in this
business.
l.tígbton JÞOU~t .u~ínt~~ 'Ian (contínutb...)
THE MARKET:
The Primary Market: Residency at Leighton House will be most attractive to first year
female students attending the University ofIowa who expect to participate in sorority
rush and to pledge a sorority. These same students will probably wish to move to their
sorority house, if space is available, after their first year of college. According the
Admissions office at the University approximately 1,947 females will enroll in the fall of
1997 as rreshmen. This number will increase to 2001 in 1998,2,060 in 1999, and 2,082
in 2000. Typically 28-30% participate in the sorority rush with 20% actually pledging.
These numbers indicate those primary prospective residents for Leighton House will
number 565 in 1997, 580 in 1998, 597 in 1999, and 604 in 2000.
Because of the close proximity of the proposed Leighton House property to nine of the
largest sororities on campus, and the similarity of the residential environment, Leighton
House will present a very attractive housing option to these first year students.
The Extended Market: There is also a large extended market for the services and
facilities that will be offered by Leighton House. These include:
· Those students who did not pledge a sorority as planned.
· Those who chose not to go through rush but desire the sorority house atmosphere
without the sorority affiliation.
· Those who did pledge a sorority but were unable to move into the sorority house
because of space limitations.
· Those who pledged a sorority but who choose to live at Leighton House rather than
their sorority house.
· Other students who choose Leighton House over other housing options because of the
quality and environment.
· Summer session students will provide another source of revenue.
· Housing for special sessions and events such as Writers' Workshop, Artists in
Residence, visiting lecturers, etc. may provide yet another source of revenue during
summer months, or in the event that vacancies occur during the school year.
I.tígIJton J OU~t .u~ínt~~ ~lan (tontínutb...)
MARKET RESEARCH/ANALYSIS:
Research for this project/business has consisted of interviews with a former, and a
current, resident of Hardin House in Austin, Texas, as well as interviews with their
parents. The Hardin House property was toured and visited several times. In addition,
officials at the University of Iowa were interviewed and relevant demographic data was
obtained about the student population. Other individuals having knowledge of and/or
experience with university housing and sorority/ffaternity houses were also contacted for
input and information.
Appropriate City offices were contacted for relevant information and the properties were
inspected by a reputable general contractor and an architect for structural integrity,
historical significance and estimates for rehabilitating the properties for this use.
Naturally, the cost of residing at Leighton House will exceed the cost of University
Housing, as well as the cost of most sorority houses. This is not a concern, however, as
research has indicated a strong desire and need for this kind of facility near the University
of Iowa campus. The sixty years of experience of Hardin House demonstrates that many
parents are willing and able to pay for the peace of mind a facility like this provides them
as their daughters leave home for college. One Hardin House parent said that money is
not a concern when it comes to their daughters' comfort and security.
I.tí¡bton J OUjt .ujíntjj ~Uan (tontínutb...)
THE FACILITIES AND SERVICES:
Facilities: The floor plan of Leighton House will be professionally designed and the
construction will be completed by a skilled and reputable Iowa City construction
company. The interior design, decoration, and furnishings will be assigned to a
professional and reputable Iowa City interior designer. Emphasis will consistently be on
quality, durability, flexibility, and aesthetics. Particular attention will also be paid to
preserving the historical integrity of the buildings and restoring them to their original
appearances.
Living spaces will consist, primarily, of suites, which will include two rooms, each
housing two students with a bathroom between the rooms.
Meals will be professionally prepared and served on-site in the kitchen and dining room
located on the lower level of the residence hall. Facilities will also be provided for
students to store and prepare their own meals and snacks whenever they so desire.
Common areas will be provided for socializing, studying and welcoming guests.
The on-site managing partners/Director of Leighton House will reside in an apartment on
the first floor of the building.
A formal office will be located on the first floor of the residence hall for conducting
business, greeting visitors and for meetings. An administrative office will be located on
the lower level of the facility for the purposes of supplies storage, record files, office
machines and equipment, and work space.
The residence hall will be alarmed for smoke, fire, and unauthorized access.
Services: The service to be provided by Leighton House, as detailed in previous sections
of this business plan, is to fill a void in the student housing options in Iowa City by
providing an "upscale" residence hall for female students at the University of Iowa. The
specific benefits that will be realized by Leighton House residents include:
· Privacy - rules will be strictly enforced restricting visitors and activities in the
residence hall, and particularly in the living areas of the building.
i.tígIJton J OUjt .ujíntjj Jtan (contínutb...)
· Security - The residence hall will be alarmed as described previously and the facility
will be staffed on a 24 hour/day basis for purposes of monitoring security and safety.
To further enhance the safety of the residents, transportation will be available on an
"as needed" basis for such things as attending night classes or for residents who may
find themselves at a party or downtown at night without safe transportation home.
· Academic Support - The Director will provide coaching and counseling for residents
needing assistance with academic planning and tutoring will be arranged at an
additional cost for residents needing help with individual classes. In addition,
evening discussions and lectures will be arranged periodically on topics of interest to
the residents. A Leadership Development course will be offered to residents in
cooperation with the University.
· Dining Services - A full-service, professional kitchen will be installed in the lower
level of the residence hall and meals will be prepared and served daily in the dining
room. The dining room will also be located on the lower level of the residence hall
and will be equipped and furnished to allow for buffet service, table service and self-
service. The room will be nicely decorated and furnished to provide comfortable and
enjoyable dining.
· Housekeeping Services - Common areas of the building will be cleaned daily. The
residents' bathrooms will be thoroughly cleaned weekly and the bedrooms also will
be vacuumed, dusted, etc. weekly. More frequent or thorough cleaning of the rooms
and/or laundry services can be arranged at additional costs.
· Parking - Limited street parking is available for residents who bring a car to college.
Every effort will be made to find more secure off-site parking when desirable and of
course transportation will be provided to take residents to and from their vehicles.
Because of the proximity to campus and downtown, the lack of available parking on
and around campus, and the fact that the facility is located on the City bus route,
residents will not, generally, find it necessary or desirable to have a car.
· Health and Fitness - An area will be provided in the lower level of the residence hall
for exercise. Some equipment will be provided and residents will be able to provide
their own equipment, aerobic workouts, etc.. A sauna will also be available in this
area of the building.
· Quiet Environment - The environment at Leighton House will be conducive to
studying, relaxing and staying rested, all of which are necessary for good academic
performance and health. Rules will be strictly enforced restricting loud music, noisy
activities, and visitors.
l.tígIJton J(JOUjt JlUjÍßtjj t)tan (tontínutb...)
· Fun, etc. - Although there will be rules to allow Leighton House to deliver on the
promise of safety, security, privacy, etc., undoubtedly the social and fun aspects of
college life are of significant importance. Residents will be allowed to host social
activities with agreement rrom the other residents and the approval of the Director.
Occasional activities such as cookouts, holiday parties, sorority officer receptions,
etc. will be planned by the staff
While all, or some, of these features may be offered by the University, other private
facilities, and certainly to a greater extent by sororities, Leighton House will maintain
higher standards and offer more comprehensive services to it's residents.
Itígbton i$OU~t .u~ínt~~ tIan (tontínutb...)
FINANCIAL DATA:
This project, as currently planned, will require $670,000.00 of capital investment before
the facility can be occupied and any revenues generated.
The capital will be raised trom a combination of private investors and bank loans and will
be used to purchase the property, rehabilitate and remodel the building for the intended
use, purchase furnishings, and to landscape the property.
Annual receipts trom operations are projected to be $294,000.00 with annual operating
costs of $238,300.00.
Net Profits (before taxes) are projected to be approximately $55,700.00.
See Appendix for details.
John '32 Diana Phipps
157 Glenn Drive
Iowa City, Iowa 52245
(319) 351-6641
July 30, 1997
TO: Melody Rockwell
FROM: Diana Phipps
SUBJECT: Leighton House project proposed for 932 E. College Street
Proi ect Concept:
If we are successful in developing the Leighton House residential facility as planned, the
business will occupy the former sorority/ftaternity house located at 932 E. College Street.
The building and grounds, now in a terrible state of deterioration, will be completely
rehabilitated, remodeled, landscaped, and decorated to provide "upscale" housing for 28
University women. The building will also include a Director's residence for two additional
occupants.
The planned facility will provide a safe, secure, and private residence and will feature a number
of unique policies and programs including: no smoking, no alcohol or drugs, no male visitors
above the first floor at any time, and a number of educational opportunities. The educational
opportunities will include leadership development and career planning/preparation, some of
which may qualify for university credits.
A major component of the Leighton House concept is the living arrangement. It is important to
maintain a "dormitory style" residence to facilitate interaction among the residents and staff
This means that the sharing of common areas for studying, meetings, learning, and dining are
seen as essential to the success of the Leighton House residential concept. Converting the
building to a four-plex/apartment configuration is not consistent with the Leighton House
concept.
Leighton House is patterned after a similar business at the University of Texas at Austin that is
over sixty years old and has proven to be very desirable, primarily, for first year female students.
This type of living/learning residence will be unique to the Iowa CitylUniversity of Iowa
community.
The primary owners and managers of Leighton House will be John and Diana Phipps. Diana has
over twenty-five years of teaching experience and will be the House Director. John will assist in
the management of Leighton House and brings experience in law enforcement, security and
eighteen years of human resource management to the business. The Phipps' have two grown
children, both of whom attended the University of Iowa.
The Building:
The building at 932 E. College Street lends itself well to the Leighton House concept. The
structure was built, at least, 72 years ago to house the Delta Gamma Sorority. The building is
already configured with two floors of "dormitory style" rooms and a common bath on each floor.
There are eight rooms on each of the top two floors. Current plans call for remodeling these
floors to have seven rooms with a larger, and more modem, shower and restroom facility on each
floor.
The first floor will include an entry/reception area, a large living room for use by all residents, a
business office, and the Director' apartment.
The lower floor of the building will include a commercial kitchen, large dining/multi-purpose
room, laundry facilities, vending area, storage room, computer lab, exercise equipment and
restrooms. The multi-purpose room will be used for meetings and training in addition to dining.
The exterior of the building will be repaired and maintained consistent with the original design.
The grounds will be professionally landscaped with trees, flowers and other plantings to create a
garden appearance.
It is understood and anticipated that the property will be in compliance with Iowa City parking
regulations for such facilities. Leighton House management will, however, make available
leased, off-site parking for residents and will provide transportation to and ITom off-site parking
locations.
In addition to building a successful business, the owners of Leighton House are committed to
enhancing the neighborhood by rehabilitating this once elegant house, and maintaining the
building and grounds for the enjoyment and beautification of the community. Our business
image and reputation will be at stake.
Financial Considerations:
We hope to be able to purchase the property for $250,000. To rehabilitate and remodel the
building for this usage will cost $300,000. In addition, the furnishings for the building will cost
$100,000 bringing the total cost of the project to $650,000.00.
Attached are cash flow projections based on three scenarios: our request for 30 occupants, the
current allowable rooming house occupancy of 13, and the allowable 4-plex occupancy of20.
The data shows that even with the expenses pro-rated accordingly the business cannot operate at
an acceptable margin with less than 28 paying residents. The numbers for a 4-plex facility do
not include the additional cost of actually re-configuring the building to a 4-plex structure.
These costs could run as high as another $100,000.00.
It is important to note that Leighton House is not being proposed as a "rental property". The
Leighton House concept is a professional business providing a unique residential and learning
environment for university women with on-site owner/managers. The return-on-investment for
the owners of Leighton House will come in the long-term development of a successful business,
not on maximum annual rental income with minimum expenses. To make the business
financially feasible, room and board will nearly double that of the University and most sororities.
Increasing rates is not an option. The business requires a minimum of 30 residents.
Resources:
The information in this document has been reviewed by a reputable general contractor, architect,
and CPA for accuracy. The numbers, by necessity, are estimates because it is not yet known
how much will ultimately be paid for the property nor how long it will take to get necessary
approvals to proceed with renovations.
Leighton House, L.C.
Statement of Projected Cash Flow
Year Ending December 31,1998
Cash Receiots from Ooeratina Activities
Cash Receipts from Room & Board Fees
$ 115,500.00
Total Receipts
$ 115,500.00
Ooeratina Exoenses
Food SeNice Supplies
Interest Expense
Marketing Expense
Professional/Legal Fees
Office Supplies/Equipment
Insurance Expense
Utilities Expense
Property Taxes
Maintenance Expense
Academic Support Expense
Vehicle Lease/Expenses
Miscellanious Expense
Payroll Expense
$ 12,000.00
$ 40,000.00
$ 1,000.00
$ 6,000.00
$ 2,400.00
$ 7,000.00
$ 7,700.00
$ 5,000.00
$ 6,000.00
$ 1,061.00
$ 7,200.00
$ 6,000.00
$ 100,000.00
Total Operating Expense
$ 201,361.00
Net Income Before Taxes
$ (85,861.00)
% Net Income Before Taxes
-74.30%
NOTE: Based on 13 residents with 11 paying
$4,500/semester and 11summer
residents paying $1,500 each.
Expenses appropriately pro-rated.
Leighton House, L.C.
Statement of Projected Cash Flow
Year Ending December 31, 1998
Cash Receipts from Operatino Activities
Cash Receipts from Room & Board Fees
$ 162,000.00
Total Receipts
$ 162,000.00
Operatino Expenses
Food Service Supplies
Interest Expense
Marketing Expense
Professional/Legal Fees
Office SupplieslEquipment
Insurance Expense
Utilities Expense
Property Taxes
Maintenance Expense
Academic Support Expense
Vehicle Lease/Expenses
Miscellanious Expense
Payroll Expense
Total Operating Expense
$ 19,300.00
$ 40,000.00
$ 1,000.00
$ 6,000.00
$ 2,400.00
$ 7,000.00
$ 10,700.00
$ 5,000.00
$ 6,000.00
$ 1,736.00
$ 7,200.00
$ 6,000.00
$ 105,000.00
$ 217,336.00
$ (55,336.00)
-34.20%
Net Income Before Taxes
% Net Income Before Taxes
NOTE: Based on 20 occupants allowed as a
4-plex. This would accommodate 18
residents paying $4,500/semester and
18 summer residents paying $1,500
each. Expenses pro-rated accordingly.
Leighton House, L.C.
Statement of Projected Cash Flow
Year Ending December 31, 1998
Cash Receipts from OperatinQ Activities
Cash Receipts from Room & Board Fees
$ 294,000.00
Total Receipts
$ 294,000.00
OperatinQ Expenses
Food Service Supplies
Interest Expense
Marketing Expense
Professional/Legal Fees
Office Supplies/Equipment
Insurance Expense
Utilities Expense
Property Taxes
Maintenance Expense
Academic Support Expense
Vehicle Lease/Expenses
Miscellanious Expense
Payroll Expense
$ 30,000.00
$ 40,000.00
$ 1,000.00
$ 6,000.00
$ 2,400.00
$ 7,000.00
$ 15,000.00
$ 5,000.00
$ 6,000.00
$ 2,700.00
$ 7,200.00
$ 6,000.00
$ 110,000.00
Total Operating Expense
$ 238,300.00
Net Income Before Taxes
$ 55,700.00
% Net Income Before Taxes
18.90%
NOTE: Based on 30 occupants with 28 paying
$4,500/semester and 28 summer
residents paying $1,500 each.
STAFF REPORT
To: Board of Adjustment
Prepared by: Jeffrey Banks, Planning Intern
Item: EX05-00015. 1854 S. Riverside
Date: Sept. 14, 2005
GENERAL INFORMATION:
Applicant:
Iowa City Ready Mix
1854 S. Riverside Dr, Box 629
Iowa City, IA 52246
Contact Person:
Jim Miller
Phone:
(319) 338-9764 or (319) 631-1608
Requested Action:
Approval of a special exception to allow additions to
a cement plant in a 1-1 zone.
Purpose:
To build a roof covering material hoppers and
providing inside storage of 4 dump trucks.
Location:
1854 S. Riverside Drive
Size:
93,654 square feet
Existing Land Use and Zoning:
Cement plant (1-1)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Commercial,l-1
Commercial; 1-1
Commercial; CI-1
Airport; P
Comprehensive Plan:
Industrial
Applicable Code requirements:
14-6H-1 D-1, special exceptions within the General
Industrial (1-1) zone; 14-6K-1 H-4, Sensitive Areas
Ordinance regulations; 14-6W-2B, general
standards for special exceptions.
File Date:
August 9,2005
BACKGROUND:
Cement plants are allowed by special exception within the General Industrial (1-1) zone. The
current use, Iowa City Ready Mix, was established prior to this requirement in the zoning
ordinance and consequently was never required to go through a special exception process.
The owners of the property wish to build a covered structure which will roof the 5 material
hoppers and 4 dump trucks to be parked in this location. In this case, the addition to a
nonconforming property triggers the requirement of a special exception. Approval of a special
exception for the proposed structure and the existing use of the property will in effect legitimize
the entire cement plant.
ANAL ysls:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the City, and to encourage the
most appropriate use of land. It is the intent of the Ordinance to permit the full use and
enjoyment of property in a manner that does not intrude upon adjacent property. The Board may
grant the requested special exception if the requested action is found to be in accordance with
the regulations found in Section 14-6L-10, pertaining to religious institutions in the RS-5 zone
and the general standards for special exceptions as set forth in Section 14-6W-2B.
General Standards: 14-6W-2B, Special Exception Review Requirements. The applicant has
supplied statements regarding some of the general standards which are attached. Staff
comments are offered as needed and correspond to the standards as enumerated in the Zoning
Ordinance.
a. The specific proposed special exception will not be detrimental to or endanger the
public health, safety, comfort or welfare. The proposed special exception, which will
allow Applicant to build a covered structure for a portion of his property, will not in staff's
view substantially alter the existing property nor will it change the use of the property. The
proposed property is outside the boundaries of the 1 OO-year flood plain, so staff does not
expect problems related to flooding for this property. In staffs' view, the construction of a
covered structure over the area of the material hoppers will not create detrimental effects nor
endanger the public 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. The proposed changes to the property at 1854 S.
Riverside are relatively small and are not expected, in staff's view, to affect enjoyment of
surrounding properties nor to diminish property values. The land uses on surrounding
properties are commercial and industrial, with automobile and construction-related
businesses to the south and east, and City property including the airport to the north and
west. Therefore the proposed addition and the entire plant are compatible with land uses
surrounding the cement plant.
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 proposed addition will not
change the current use of the property and consequently is not expected to have a
significant effect on the development of the surrounding properties. As noted above, the
surrounding land uses are industrial in character and so the granting of a special exception
which will effectively remove the nonconformity of the entire cement plant is, in staff's view,
an appropriate action.
d. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. The proposed covered structure
is located away from entry and exit points on the property and will not affect conditions of
ingress or egress. Current conditions for ingress and egress at the cement plant are
adequate.
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. According
to the Sensitive Areas Ordinance, a natural buffer of 50 feet is required between the Iowa
River and any development activity. It appears that the proposed sheltered structure lies
partially within 50 feet of the river. However, there is a provision within the Zoning Ordinance
for a reduction in the buffer based on the following criteria:
14-6K-1H-4b The required natural buffer may be reduced by up to fifty percent (50%)
if the applicant demonstrates that the portion of the buffer being reduced:
1) Does not contain significant existing vegetative cover, such as native trees or
prairie remnants. The location of the proposed construction will not affect the existing
buffer between the cement plant and the Iowa River.
2) Does not contain other sensitive areas subject to the requirements of the
sensitive areas ordinance. The proposed area of this special exception is will not
expand the existing use into the buffer area.
3) Enhanced vegetative cover will be provided in the remaining buffer area. The river
bank contains extensive vegetation and it is steep. It does not appear that it would be
possible to plant additional trees on this part of the river bank.
f. The proposed use will be consistent with the Comprehensive Plan of the City. The
South Central District portion of the Comprehensive Plan acknowledges the commercial and
industrial character of the area. The proposed structural changes on this property, and
continued use of the property for a cement plant, appears to conform with the
Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends that EXC05-00015, an application for a Special Exception to allow the
structural additions to an existing cement plant, be approved.
ATTACHMENTS:
1. Location map
2. Proposed Site Plan
Approved by:
~/k~
'Robert Miklo, Senior Planner,
Department of Planning and Community
Development
S:IPCDIStaff Reports
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Exc- 05- oODJ5
APPEAL TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
DATE: PROPERTY PARCEL NO.
APPEAL PROPERTY ADDRESS: j~'~y S. «I t/£IlS I/I¿ Ï)¡¿
APPEAL PROPERTY ZONE:
APPEAL PROPERTY LOT SIZE:
Name::J.;/A/lf Ú?J" J?Jl/ÍD!/ .
APPLICANT: M/)(
Address: Jß-' S. )71t111't oS I /)(L b,( :&>c~
Phone: 3 Q· 339.. Y')1¿ t/
CONTACT PERSON: Name: J7Af ~" / LI 1I'/Z
Address: 63" g.#LJ~"]:;x . ::
:u SZ2Ý¿
Phone: ~£iJ. . ¿ 3/- /~t9¥' >.
Name::t~.Cry /?Æ'#¡)Y M/)l. . -
PROPERTY OWNER: ->
Address: ¡¡Soy'.5 ì?/¿J¿r/lSí~'~K. 2ór¿29
Phone: 3"3J1-~7¿ 1/
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Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter:
Purpose for special exception: e.Ol/lr~ MATlZ'J>IHL HpP~ L2J I'/Hf)
:x;,¡S/.þ/? S1tDJ2J9U" Fðß '9 7)OM j> ,/?tiC If~
Date of previous application or appeal filed, if any:
-2-
INFORMATION TO BE PROVIDED BY APPLICANT:
A.
LeQal description of property:
1854 S RIVERSIDE DR, IOWA CITY
COM IN CENTER OF RD
7.22 CII E OF NW COR SW NW; S 2 1/2 CII; E TO W
BANK OF RIVER; NWLY ALONG RIVER TO PT 2.71
CII E OF BEG; W TO BEG. EXCEPT HWY; & INCL.
LOTS 9 & 10 IMPERIAL COURT INDUSTRIAL PARK
B. *Plot plan drawn to scale showing:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including the location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
[*Submission of an 8 %" 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.
D. The applicant is required to present specific information, not just opinions, that the
aeneral standards for the arantina 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.
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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.
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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.
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
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5. Adequate measures have been or will be taken to provide ingress or egfÖ~s
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
aspects 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.]
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 proper1:Y~
located within 300 feet of the exterior limits of the property involved in thiS-;>
appeal:
- ,
,
C.:J
NAME ADDRESS
Hollywood Graphics 23 Imperial Ct.
Lammers Construction SVC 35 Imperial Ct.
George Kondora Plumbing & Htg. 57 Imperial Ct.
Eastern Iowa Pilots Association 1701 S. Riverside Drive
Municipal Airport Manager - city government 1801 S. Riverside Drive
KD3 Environmental LLC 1910 S. Riverside Drive
U.S. Army Reserve - federal government 1913 S. Riverside Drive
Kelly Heating & Air Conditioning, Inc. 1938 S. Riverside Drive
Moore North America 1960 S. Riverside Drive
-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.
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
AUGUST 10, 2005
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Michael Wright
MEMBERS ABSENT: Ned Wood
STAFF PRESENT: Robert Miklo, Sarah Holecek
OTHERS PRESENT: Jeff Clark, Jim Clark
CALL TO ORDER:
Chairperson Maurer called the meeting to order at 5:02 pm.
CONSIDERATION OF THE JULY 13,2005 BOARD MINUTES
MOTION: Wright moved to approve the minutes as submitted. Alexander seconded the motion.
Motion passed 4:0.
SPECIAL EXCEPTIONS:
EXC05-00014 Discussion of an application submitted by Uptown Properties for a special exception to
allow off-street parking for property located at 320-322 S. Johnson Street on a separate lot at 317 South
Dodge Street in order to allow additional roomers in the Neighborhood Conservation Residential (RNC-
20) zone at 320-322 South Johnson Street.
Before presenting the staff report Miklo showed the site location of the two properties, pictures with the
location of the properties and the existing parking spaces. Miklo said that there are seven specific
standards that apply to this type of special exception.
First, he said that a special location plan shall be filed with the Board by the owners of the entire land
area to be included within the special location plan. The plan shall contain such information deemed
necessary to comply with the requirements and evidence of ownership shall be provided. Miklo said that a
location map of Johnson Street was submitted and shows that there is little space to provide parking. He
added that a site plan for Dodge Street was submitted and presents how the proposed parking spaces
would be arranged. However, he said, the required legal agreement that would specify that in the long
term the proposed parking spaces would always be available for the tenants at 320-322 S. Johnson
Street was not received.
Second, the parking spaces have to be within three hundred feet of the use being served. He mentioned
that although 317 South Dodge Street is 110 feet east of 320-322 S. Johnson Street, there is an
intervening property. He noted that because there is no easement over the intervening property
connecting the two properties in this application, residents of the duplex would have to follow the public
sidewalk south to Court Street and around to the other side of the block, a distance of approximately 650
feet. He said that in staff's opinion the proposed parking would invite trespassing across the backyards of
neighboring properties. He added that a retaining wall located along the east side will also hinder the
tenants' direct access to parking. Miklo said that another likely result will be that the additional tenants will
still park on the streets.
Miklo said that where two or more uses jointly use off-street parking, the number of parking spaces shall
equal the sum of total of off-street parking required for each use. He mentioned that in this case the
single-family residence at 317 South Dodge Street is required to have 3 spaces. If the duplex is to have a
total of ten occupants, 6 spaces are required. Currently, there are 3 off-street parking spaces of 317
South Dodge Street. Miklo said that the applicant had submitted a plan showing the 9 parking spaces, but
they do not comply with the dimensional requirements of the zoning code.
Miklo mentioned that a written agreement, properly executed by the owners within the area of the special
location plan, assuring their successors and assigns, shall be submitted with the special location plan as
a covenant running with the land. He said that the applicant had not submitted the written agreement. He
noted that this document is required to assure that if the properties come under separate ownership, the
occupants of 320-322 South Johnson Street will have access to the parking area at 317 South Dodge
Street.
Iowa City Board Of Adjustment Minutes
August 10, 2005
Page 2
Miklo stated that in assessing an application for a special exception, the Board shall consider the
desirability of the location of off-street parking and stacking spaces, aisles and drives on a lot separate
from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent
property; the appearance of the streetscape as a consequence of the off-street parking; and in the case
of non-required parking, the need for additional off-street parking. He said that locating the parking lot at
317 South Dodge Street might result in some adverse effects on adjacent properties, or on the general
public.
Miklo continued the staff report saying that the special exception must be in accordance to the general
standards. Miklo said that the specific proposed exception should not be detrimental to or endanger the
public health, safety, comfort or general welfare. He mentioned that as noted, the location of the parking
may result in trespassing on a neighbors' property or greater demand for on-street parking in this already
congested area.
Miklo stated that the proposed exception should 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. He said that the issue of trespassing would apply in this particular case.
Miklo continued by saying that the establishment of the specific proposed exception should 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. He added that it would not affect the redevelopment of other
properties in the area.
Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize
traffic congestion on public streets. He added that the addition of 2 additional tenants might slightly
increase the congestion in this already congested area. Staff has inventoried on-street parking in this
general area and found that very little is available. Parking is likely to be even in shorter supply when the
University of Iowa is in session.
Miklo said that except for the specific regulations and standards applicable to the exception being
considered, the specific exception, must conform to the applicable regulations or standards of the zone in
which it is located. He mentioned that the site plan submitted shows 9 parking spaces, but they do not
comply with the dimensional requirements.
Next, Miklo said that the proposed use should be consistent with the Comprehensive Plan of the City. He
said that the Comprehensive Plan designates the area as being appropriate for relatively dense
residential development, so this particular test would not be an issue.
Staff recommends that EXC05-00014 an application submitted by Uptown Properties for a special
exception to allow off-street parking for property located at 320-322 S. Johnson Street on a separate lot at
317 South Dodge Street in order to allow additional roomers in the Neighborhood Conservation
Residential (RNC-20) zone at 320-322 South Johnson Street be denied.
PUBLIC HEARING OPENED
Jeff Clark. 414 East Market Street, presented a new site plan. He said that in the new site plan there is a
change in the arrangement of parking spaces. He said he believed that the new plan complies with the
dimensional standards of the code.
Miklo said that he would like to have the new site plan reviewed by the Housing Department prior to
making any opinion regarding the compliance with the code.
Alexander asked if by using the new site plan, the person parking in the proposed space 4 would block
the person parked in space 3. Clark said that usually the people live in the same unit.
He said that the 320-322 South Johnson Street does not have any parking. He said that the lot goes back
approximately 100 feet from the 317 South Dodge property. He added that the duplex exists, and there
are 5 rooms in each unit already in place. He said that he would not add any rooms to the building, but he
is trying to take care of the parking issue.
Iowa City Board Of Adjustment Minutes
August 10, 2005
Page 3
Going through the staff report, and referring to the first specific standard, Clark said that the new
proposed site plan should comply with the requirements. For number two, Clark said that the proposed
parking is only 100 feet away. He said that the ordinance does not describe which way should the
distance from units be measured. He added that when applying for the Special Exception they are
required to get addresses of people living 300 feet ordering the property. He said that he followed what
the Zoning Ordinance asked for the application.
He mentioned that he discussed with City Staff and determined that legal document could be submitted
later. Regarding the issue of trespassing, Clark said that students will take the safest path. He added that
they would pick their own path, and that is not an issue that could be controlled.
Maurer asked if in the Johnson Street property there are currently 4 tenants, and where do they currently
park. Clark said that they park on the street. Maurer asked if they are cutting through and parking on the
Dodge Street property. Clark said that the tenants do not park there. Maurer asked how would they get to
the Dodge Street parking spaces if the application would be approved. Clark said that they would have to
go down the Dodge Street. Maurer asked who owns the property that would be used as a path to get to
the parking lot, and if that would be an issue for the owners. Clark said that he does not know the owner
personally. He added that he considers that there would be little or no concern about students passing by,
however, he said that he did not feel proper for him to ask for an easement because it could restrict them
in the future.
Clark said that each side of the duplex has 5 existing habitual bedrooms. He said that 4 people can still
live in that place, but there is no parking. He said that false occupancy is an issue. He said that students
would say that the fifth room is for guests, and guests have the right to stay for 30 days. He said that he
would like to clean up the situation and make it ok for 5 people to live in legally. He said he would only
add 2 roomers, but would add 6 parking spaces. He noted that in this way he is taking 6 spaces off the
street. He said that the parking in the area is more and more congested. Clark said that student would
use off street parking 2 or 3 blocks away, because there is not enough parking in the area. He added that
student store their cars. Clark said that they would park the cars and not use them for weeks; however,
they need a place to store them.
Clark said that he owns another property across the street from 320-322 South Johnson Street that has
space for additional parking, but the two properties are zoned differently, and it would be against the
requirements of the Zoning Ordinance to plat the parking for Johnson Street there.
Clark said that approving of the application would be an improvement for the area.
Jim Clark. 414 East Market Street, said that the building is existing, and they do not require any additions
to the property. He said that they would get rid of the gravel drive on Dodge Street property which will turn
into a paved driveway, and concrete in the back. He said that in Iowa City everybody walks wherever they
want without having a permanent easing. He said that it would open up South Johnson Street with 6
parking spaces.
PUBLIC HEARING CLOSED
Holecek said that however the motion would be formulated she would ask to include two contingences,
the legal document that needs to be supplied, and the construction of the parking lot in accordance with
an approved site plan.
Alexander said that they might consider deferring the application until the site plan was reviewed.
Holecek added that another issue that needed to resolved was whether the parking for the duplex could
be stacked.
Miklo said that the intent of allowing stacking for single family and duplexes is that the residents live
together, and can move the cars easily; however, when there is a distance as in this case it would not be
easy to have the cars moved around.
MOTION: Leigh moved that EXC05-00014 Discussion of an application submitted by Uptown
Properties for a special exception to allow off-street parking for property located at 320-322 South
Johnson Street on a separate lot at 317 South Dodge Street in order to allow additional roomers in
the Neighborhood Conservation Residential (RNC-20) zone at 320-322 South Johnson Street be
Iowa City Board Of Adjustment Minutes
August 10, 2005
Page 4
approved subject to submission of an approved site plan and submission of a legal document
specifying that the proposed off-street parking spaces at 317 South Dodge shall be reserved for
the occupants of 320-322 South Johnson Street in perpetuity.
Wright would vote against the application. He said that if the properties would be contiguous it would not
be an issue. He said that the application meets some of the specific standards. He added that although
the Zoning Ordinance specifies the required distance between properties as being 300 feet, he does not
believe that it means within 300 feet crossing someone else's property. Wright said that he has question
for both site plans that were submitted. He said that the proposed application would make the property
located on Dodge Street less desirable because the tenants will live in top of the parking lot. He said that
it would not make substantial difference in the amount of traffic in the neighborhood. Talking about the
general standards Wright said that the application should not be detrimental to or endanger the public
health, safety, comfort or general welfare. He said that he believes that it would endanger the public
welfare due to the lack of a clear path between the parking area and the duplex. In terms of being
injurious to the use and enjoyment of other property in the immediate vicinity and substantially diminish or
impair property values in the neighborhood, Wright said that trespassing would still be an issue. He said
the specific proposed exception would not impede the normal and orderly development and improvement
of the surrounding properties. He added that it would not have a major impact on public streets.
Alexander said that it is a creative plan, and the goals are laudable. She said that for the reasons already
stated she will vote against the application. She said that the distance is too great, and it is the intent of
the ordinance that should be considered and it would be hard to consider that the intent was to encourage
trespassing. She mentioned that her bigger concern is about the actual parking lot. She said that it is
impossible to imagine how the stacking will work with properties that are distant from each other.
Maurer would vote in favor of the motion. Maurer said that looking from a practical stand point there are 4
occupants on the Johnson property who are currently parking on the over parked street. He said that if
some off street parking could be legally created, even if there is no easement, he prefers to have more
off-street parking assured. He said that the City and community would benefit from this due to the fact
that there are only two additional tenants, and 6 off-street parking spaces provided.
Leigh said that she would vote against the motion for the reasons already stated. She said that the most
important reason is the issue of trespassing. She said that people do care if students are trespassing on
their properties. She added that if people put up barriers to keep students going across the parking lot
that does not release them from the liability issues involved if people or properties are injured when
people are trespassing.
Motion failed with a vote of 1 :3, with Leigh, Alexander, and Wright against the application.
OTHER
Holecek said that she would send a memo on the recent litigations regarding the Board of Adjustment
decision to allow the auto and truck oriented uses at Wal Mart's proposed site.
Alexander asked if there is any update on he Shelter House case. Holecek said that they are proceeding
to brief to the Supreme Court.
BOARD OF ADJUSTMENT INFORMATION
NONE
ADJOURNMENT
MOTION: Alexander moved to adjourn. Leigh seconded the motion. The meeting adjourned at
6:02.
s:/pcd/minutes/BON2005 ./08-05-05. doc
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