HomeMy WebLinkAbout05-10-2006 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, May 10, 2006 - 5:00 PM
EMMA J. HARV A THALL
A. Call to Order
B. Roll Call
C. Consider the April 13, 2006 Minutes
D. Special Exceptions:
1. EXC06-00008 Discussion of an application submitted by Ace Auto Recyclers for
a special exception to permit a salvage yard for property located in the proposed
Heavy Industrial (1-2) zone east of South Riverside Drive.
2. EXC06-00003 Reconsideration of an application submitted by First Presbyterian
Church for a special exception to permit installation of a columbarium, a structure
containing niches for storage of cremated remains, for use by the church
members for property located in the Low Density Single-Family Residential (RS-
5) zone at 2701 Rochester Avenue.
E. Other
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING -June 14, 2006
To: Board of Adjustment
Item: EXC06-00008
GENERAL INFORMATION:
Applicant:
Owner/Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
STAFF REPORT
Prepared by: Sarah Walz
Date: May 10, 2006
Ace Auto Recyclers
2752 S. Riverside Drive
Don Hilsman
319-338-7828
Approval of a Salvage Yard in the Heavy
Industrial (12) Zone
To allow expansion of a salvage yard in
the 12 zone and to bring an existing
salvage yard into compliance with the
Zoning Code and the requirements of
Conditional Zoning Agreement.
2752 S. Riverside Drive
11.36 Acres
General Industrial (11) pending rezoning to
12.
North: General Industrial (11) Salvage
Yard
South: General Industrial (11)
Undeveloped
East: Public (P-1) former landfill
/Mesquaki Park
West: General Industrial (11), County
Agricultural (C-H)
14-20-2, Principal land uses allowed in
the 12 zone; 14-4B-4C-5, Specific
approval criteria for salvage operations in
the 12 zone; 14-4B-3A, general approval
criteria for special exceptions
April 1 0, 2006
2
BACKGROUND INFORMATION:
In 1974, upon the request of the property owners at that time, the City annexed this property as
part of an approximately 45-acre annexation. The westerly 300 feet of the annexation area,
including a portion of the applicant's property was zoned light industrial (M-1) and the easterly
591 feet of the annexation area was zone Heavy Industrial (M-2) [The M-1 zoning classification,
which did not allow salvage yards was similar to our current General Industrial (11) zone.] This
and other adjacent properties were rezoned to 11 as part of a citywide rezoning in 1983.
At the time that this area was annexed, and before any salvage yard was established in this
area, the owners of what are now the Ace salvage yard and the adjacent salvage yard to the
north (Russell) entered into a Conditional Zoning Agreements (CZA) specifying conditions
pertaining to the operation of a salvage yard. The intent and the requirements of the CZA were to
ensure that:
1. the salvage yard would be located at least 300 feet east of old Highway 218 (Riverside
Drive);
2. there would be a berm and landscaping to screen views of tHe property from the highway
and the Iowa River;
3. the auto recycling operation would consist of only temporary storage of automobiles
awaiting crushing and crushed automobiles and equipment related to the crushing
operation; and
4. the area used for automobile salvage would not exceed 5 acres.
The CZA was recorded as a covenant running with the land so that it applied to the owners who
agreed to it as well as future owners. Neither the previous property owners nor the current
applicant has adhered to the conditions of the CZA. The salvage yards (Russell and Ace) were
expanded beyond the 5-acre areas agreed to by the City and the property owners, and the Ace
site now covers approximately 10 acres. The required berms and landscaping were not put in
place or have been removed. Russell Salvage Yard is not part of this application and remains in
violation of the zoning agreements.
In May 2005 the current operator, Ace Auto Recyclers, requested a rezoning of his property from
General Industrial (11) to Heavy Industrial (12) to allow expansion of the salvage yard. The
applicant wished to build new buildings for office and warehouse space. This request was
deferred indefinitely by the Planning and Zoning Commission in order to allow the applicant to
address the above zoning violations, including the location of the salvage operation within 300
feet of Old Highway 218, the absence of landscape screening and vegetation around the salvage
operation, and a limit on the size of the operation to 5 acres.
Since the 2005 rezoning request, the applicant has removed the salvage materials from property
located within 300 feet of the right-of-way of S. Riverside Drive to the area now proposed for the
salvage yard-an 11.36 acre area located more than 300 feet from S. Riverside Drive, with the
exception of a warehouse used for disassembling the cars, which is approximately 250 feet from
the property line. The 11.36-acres will encompass the existing salvage yard plus and additional
area immediately to the south. Property located next to Riverside Drive, which will remain 11, is
not part of this special exception but will be associated with the applicant's auto parts business.
As part of the rezoning request, the applicant has proposed a number of improvements to the
property including a plan for landscape screening and fencing that are intended to bring the
property into general compliance with the conditional zoning restrictions on the property as well
as requirements of the current Zoning Code. At its April 20 meeting the Planning and Zoning
3
Commission recommended a rezoning from 11 to 12 for the 11.36 acres now under consideration
for a special exception, subject to the installation of landscape and fence improvements as
specified in the site plan (attached). The City Council will consider the rezoning to 12 at its May
23 meeting. Any approval for this special exception is subject to Council's approval of the
rezoning the property to 12.
Approximately one half of the proposed salvage yard property falls within the 1 OO-year flood plain,
and the presence of a blue line on the USGS topographic map for this property indicates a stream
corridor/drainage way on a small portion the north eastern corner of the property. The drainage
way, which feeds into Willow Creek, is subject to the Sensitive Areas Ordinance and an access
easement.
The applicant is now requesting a special exception to legitimize the existing salvage yard and to
allow for expansion of the salvage yard for the 11.36 acres. The applicant is also proposing to
build an office and parts warehouse on the adjacent property within the existing 11 zone,
however, that portion of the property is not part of the special exception under consideration.
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 the requested special exception if the requested action is found to be in accordance with
the regulations found in Section 14-4B-4C-5 Special Exception Review Requirements for
Salvage Operations in the Heavy Industrial (12) zone (page 191) and the general standards for
special exceptions as set forth in Section14-4B-3.
Specific Standards: 14-4B-4C-5 Special Exception Review Requirements for Salvage
Operations (page 191)
The proposed use must be located at least 1,000 feet from any residentially zoned property.
The property zoned industrial on east side of Riverside Drive is at the edge of Iowa City
Corporate limits. The property located to the west of the road is zoned agricultural by the
County.
Salvage operations are required to completely enclose all storage and work areas with a fence
built to the S5 standard (see page 298), and salvage materials may not be piled against the
fence or piled higher than the fence. The applicant has provided a site plan showing that the
entire salvage yard surrounded by an 8-foot high, solid wood fence on all four sides. [The
property is also subject to the S3 screening standards (see page 297) as specified for Industrial
zones.] The presence of a blue line on the USGS topographic map for this property indicates a
stream corridor/drainage way on a small portion the north eastern corner of the property.
According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer. In
addition, the drainage way, which feeds into Willow Creek, is subject to an access easement
requiring that access to the drainage way be unobstructed. The site plan also shows the
required 15-foot firebreak on all sides of the property outside the fence. The applicant has not
addressed how the firebreak will be maintained.
4
The standards for salvage yards also require that all combustible waste be stored no closer than
100 feet from any property line unless enclosed in a masonry building of not less than 4-hour,
fire resistive construction. The applicant has indicated that no combustible material of this type
will be stored on the property.
General Standards: 14-48-3, Special Exception Review Requirements
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Salvage yards are permitted in the 12 zone by special exception. In addition to the 8-foot high
fence surrounding the salvage yard, the applicant's site plan proposes evergreen trees along
the west and southwest portions of the property, where the property is visible from South
Riverside Drive. The location of the salvage yard, set more than 300 feet east of S. Riverside
Drive, along with the 8-foot solid fence and landscape screening will conceal the salvage
operation and its outdoor storage from public view and buffer neighboring properties from the
noise and dust that are associated with this use. In addition the salvage yard will be surrounded
by a 15-foot fire break to minimize the threat of fire escaping the property.
Salvage yards do pose an environmental risk due to the chemicals that remain on the cars even
after they have been drained of fuel and fluids. For this reason salvage yards containing more
than 250 cars are required to obtain a stormwater permit from the Iowa Department of Natural
Resources (DNR). Because a portion of the salvage site falls within the 100-year floodway there
are potentially risks for water contamination. The presence of a blue line on the USGS
topographic map for this property indicates a stream corridor/drainage way on a small portion
the north eastern corner of the property. According to the Sensitive Areas Ordinance, stream
corridors require a 15-foot buffer from development. Given the location of the salvage site close
to the Iowa River and the presence of the drainage way on the site, in Staff's view it is
imperative that the applicant bring all DNR permits up to date to account for the location and
expansion of the salvage yard. In addition, the drainage way, which feeds into Willow Creek, is
subject to an access easement requiring that access to the drainage way be unobstructed. Staff
recommends that fence proposed by the applicant should be constructed so as not to enclose
the drainage way.
Because waste tires provide a significant breeding habitat for mosquitoes that carry West Nile
and other serious viruses, open air storage of tires can pose a public health concern. The Iowa
DNR recommends that tires stored outdoors be covered with a tarp and limits the number of
waste tires stored indoors or outdoors to 500 before a permit is required. The applicant has
indicated that on average he stores 250 re-saleable ties and an additional 200 waste tires on
the site and that waste tires are picked up for recycling on a bi-weekly basis. In addition, it is
illegal to bury or burn waste tires. Restricting the number of number of waste tires stored on the
site and manner in which tires are stored will minimize the potential health issues.
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 or impair
property values in the neighborhood.
The majority of the salvage yard will be set back more than the required 300 feet from
Riverside Drive. In addition, the proposed 8-foot high fencing surrounding the salvage yard and
evergreen tree screening along the west and southwest portions of the property, where the
property is visible from South Riverside Drive, will help to conceal the salvage operation and its
outdoor storage from public view and buffer neighboring properties from the noise and dust that
are associated with this use. Properties to the north and south are zoned General Industrial (11).
5
To the east property is public land (former landfill/Mesquaki Park), which is closed to the public
due to environmental concerns. Neighbors to the west include Bekins Moving and Warehouse
Company, the Johnson County Fair Grounds and agricultural land. In Staffs view the
improvements proposed by the applicant for landscape screening and fencing will mitigate the
negative effects associated with the salvage yard operation.
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.
The expansion of the salvage operation in keeping with the proposed site plan will bring the
property into compliance with conditional zoning restrictions specific to the property as well as
the requirements of the current Zoning Code. In Staff's view the applicant will create a more
attractive situation for future development on surrounding property by setting the salvage yard
back 300 feet from S. Riverside Drive and by providing the fence and screen improvements
proposed in the site plan.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
The applicant will pave the entryway from Riverside Drive up to the gravel access easement
that runs parallel to the railroad in front of the property. This area of the city is not served by
City sewer or water, however due the remote location of the site and the limited intensity of the
use, a private system is acceptable.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
The applicant will pave the entryway from Riverside Drive up to the gravel access easement
that runs parallel to the railroad in front of the property.
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.
The 12 zone requires that all outdoor storage (the definition of outdoor storage includes salvage
yards) areas located on a along a side or rear lot line that does not abut a public right-of-way
must be screened from view of the adjacent property to at least the S3 standard. The code
specifies that "if a fence is built around the storage area, the required screening must be located
between the fence and the adjacent property." (14-2D-5F-2, p. 95) This requires the applicant
to install additional landscape screening to the S3 standard along the south, east, and northern
boundaries of the property.
In addition, the 1974 Conditional Zoning Agreement for the original salvage yard required similar
screening on the east side of the salvage yard-screening which was never installed. The
properties abutting the site on the north (another salvage yard) and south (vacant land) are
zoned 11, to the east the property is former landfill (Mesquaki Park). The future land use
scenario in the South Central District Plan shows this as public/private open space, but at this
time the area is not open to the public due to environmental concerns associated with the
former landfill.
In Staff's view, the established vegetation and the general inaccessibility to the salvage yard on
its north and east boundary seem provide the same function as the required screening. I
However, neither Staff nor the Board of Adjustment has the authority to alter this requirement.
6
The applicant may apply for an amendment to the Zoning Code, to waive the requirement for
this additional the S3 screening along the south, east, and northern boundaries of the property.
The presence of a blue line on the USGS topographic map for this property indicates a stream
corridor/drainage way on a small portion the north eastern corner of the property. According to the
Sensitive Areas Ordinance, stream corridors require a 15-foot buffer from development.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The South Central District Plan acknowledges conflicts in this area between
industrial/commercial and residential uses-a, mobile home park is located approximately 1700
feet to the northeast of the site. The long-term land use scenario for the area is to phase out
these residential uses. The District Plan recommends that industrial and commercial business
be allowed to operate in a reasonable manner within areas zoned for those uses, and specifies
that "industrial zoning is most suitable for those properties with direct access to the railway and
Riverside Drive.
The District Plan also recognizes Riverside Drive as an entranceway to Iowa City. Because of
its high visibility, the Plan encourages aesthetic improvements along this corridor and calls for
"special efforts. . . to provide effective screening along Riverside Drive where salvage yards are
visible from the public right-of-way. Expansion of existing salvage operations. . . may be
considered if effective screening of the salvage yard is provided."
SUMMARY
In staff's view a salvage yard is a service that may be necessary to serve the community.
However because of the negative effects on adjacent properties and the general character of an
area, such operations need to be strictly controlled. The existing salvage yard in this location has
been operating for a number of years in non-compliance with zoning requirements. The applicant
wishes to receive a building permit to construct an office building/parts warehouse and a "tear
down" building where vehicles would be disassembled as part of the salvage operation. A
building permit will not be issued as long as the property is in non-compliance with the Zoning
Code. The applicant has agreed to a Conditional Zoning Agreement for the rezoning of 11.36
acres to 12 which allows establishment of salvage yards by special exception. The special
exception and CZA will allow the City and applicant to work together to bring this property into
compliance with the zoning code. If approved the existing salvage operation will be allowed to
expand form approximately 10 acres to 11.36 acres. But prior to this expansion a solid wall at
least 8 feet in height will be built around the entire salvage operation. The wall will be
supplemented with evergreens trees on the west and south side to provide better long-term
screening from S. Riverside Drive. The salvage yard will be moved at least 15 feet away from the
stream corridor and compliance with DNR requirements will be demonstrated.
STAFF RECOMMENDATION:
Staff recommends that EXC06-00008, an application for a special exception for property in the
proposed Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard, be
approved subject to the following conditions:
1. City Council approval of the 12 zoning;
2. The applicant must apply for a building permit in order to establish the salvage use.
Prior to issuance of the building permit, the applicant must:
7
3. Install all landscape and screening improvements as specified in the approved site
plan except for those adjacent to the proposed building in the 11 zone. The spruce
trees on the west and south side of the fence shall be planted in a staggered pattern
20 feet on center. They shall be a minimum of 2" in caliper at time of planting unless
an alternative is approved by the City Forester. The area designated by the blue line
stream must remain outside the fenced area of the site and a fifteen foot buffer must
be left between the fence and the blue line drainage way. Prior to issuance of an
occupancy permit for the new building, all other required landscaping, as indicated in
the site plan, must be installed;
4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees
and shrubs;
5. Bring all DNR permits related to the salvage and auto parts operation and
stormwater permits up-to-date and have such permits filed with the City.
After establishing the salvage use, the continuation of the use is subject to the following
conditions:
6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's
property outside of the fenced area;
7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all
tires must be covered by a tarp to prevent mosquito habitat. Tires may not be stored
within 100 feet of a property line;
8. Vehicles must be crushed and removed from the site on a regular basis.
ATTACHMENTS:
1. Location map
2. Aerial view of site
3. Original Conditional Zoning Agreement
4. Application materials
5. Proposed Site Plan
Approved by: /~.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Legal Description- Proposed 1-2 Zoning
Commencing a the Northeast comer of the Northeast Quarter of
Section 28. Township 79 North, Range 6 West of the 5th
Principal Meridian; Thence SOooOO'OO"W, a recorded bearing
along the East Line of said Northeast Quarter, 703.94 feet. to the
Point of Beginning; Thenee SOooOO'OO"W, along said East Line
of the Northeast Quarter, 903.88 feet; Thence S90000'00"W,
52530 feet; Thence NOlofO'OO"E, 541.87 teet; Thence
N88038'57"W, 54.53 feet; Thence NOlo24'33"E. 322.72 fcct;
Thence N88001'38"W, 60.00 teet; Thence NOlo58'22"E, 57.50
feet; Thence S8800 I '38"E, 619.19 teet, to the Point of
Beginning. Said parcel ofland contains 11.36 acres, more or
less and is subject to easements and restrictions of record.
NE COR, NE 1/4, SEe. 'f
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PROPOSED 1-2 ZONING
494755.0 sq. ft
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PROPOSED DRAINAGEWAY
AND FIRE FIGHTING ACCESS
PROPOSED 15' FIRE FIGHTING ACCESS
PROPOSED
SOLID
FENUNG
PLAT PREPARED BY:
HART-FREDERICK CONSULTANTS, P.C
510 E. STATE ST.
P.O. BOX 560
TIFFIN, IA 52304
545-7215
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GRAPIDC SCALE
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LEGEND
OWNER OF RECORD:
ACE AUTO RECYCLERS, INC
2752 S. RIVERSIDE DR.
IOWA em, IA.
6. GOVERNMENT CORNER
@) SET G/6" iRON ROD
. FOUND IRON ROD (AS NOTED)
X CUT 'X' IN CONCRETE
o SET PK NAIL
(R) RECORDED DIMENSIONS
(M) MEASURED DilCENSIONS
- PROPERTY/BOUNDARY LINES
---CENTER UNES
- - RIGHT-Of-WAY LINES
- - . - SECTION LINES
- ,- . - EASEllENT LINES
~ - - - LOT LINES PLA'I'I'ED OR EY DEED
PROPERTY ADDRESS=2752 SO. RIVERSIDE DRIVE
PARCEL CONTAINS 28.01 ACRES +j-
EXISTING ACCESS EASEMENT FOR 30' ROMJWAY
EsrABUSHED BY AGREEMENT DATED AUGUsr
31, 1974 AND RECORDED IN BOOK 43S AT PAGE
155, RECORDS OF THE JOHNSON COUNTY
RECORDER
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AGREEMENT
THIS AGREEMENT entered into this H1i1 day of llovember, A. D., 1974,
by and between the City of Iowa City, Iowa, a municipal corporation, herei~-
after referred to as the City, and Gordon and Angeline Russell, individuals
o~~ing certaL. real estate described in this petition, hereinafter called
Rassell.
~~~~S, Russell is the owner of the following described real estate:
Commencing at toe southeast corner of t~
northeast quarter of Section 28, Tovnship
79 North. Range 6 Hest of the 5th P.M.,
thence nortb 33.30 chains, thence west
13.50 cbains, thence south 33.30 chains,
thence east 13.50 chains to the place of
beginning,
and said real estate abuts and adjoins the municipal corporate limits of the
City of Iowa City, ~,d
i~dE~;S, RuSsell has made application to the City Council of the Ci~y of
Iowa City, Iowa, for ap~exation of said real estate ana for the zoninS of
said real estate as M-2 zoning, and
~~~~S, pursua3t to the Ordinances of the City of Iowa City, Iowa,
and the statutes of the State of Iowa, the proposed annexation and zoning
has been referred to the Planning and Zoning Commission of the City of
Io~a City, Iowa, and the Riverfront Commission of the City of Iowa City.
Iowa, and the'Parks and Recreations Commission of the City of Iowa City,
Iowa; and said Commissions have all recommended approval of the annexation
of s~id real estate and the zoning of said real estate in part M-l and in
part M-2, but that all of said Commissions have expressed reservations
about the screening and the establishing of a greenbelt relative to any
uses on said real estate,and
lrdEr~.s, Russell wishes to develop said real estate in a manner that
t.nll be a credit .to the r~al estate and the developm~nt of said real estate
and to th<:! Cit)" of Io..-s City, Io~~a, and is ,dlliog to provide an adequate
g~eenbelt fOT said rea~ estate, and is willing to agree that all Ordin~~~e5
c." the Ci~'" 0: 10',,';: Ci~j' &h:111 be ap?l:led retroactively to said rCi11 e";..1te.
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NOW, ~FORE, IT IS HEREBY AGREED by andbehleec the parties as
follows:
1. That the City of Iowa City, Iowa, agrees to annex the real estat~
described herein to the City of Iowa City, Iowa, in consideration for the
agreeQents hereinafter set forth.
2. ,!,h~t Russel~~~_r~~~. ~o somp+-y ",it:hlilJ ~~iS.qllg Ordinances.. of the
City of Io~a City relating to scree~ing of industrial or co~ercial uses a~d
to cumply with all future Ordina~ces of the City relating to screening of
5~dustriul or co~ercial uses, toe establishment of gre~nbelts ior all
l-l-l aad l-i-2 zones.
-
3. That Russ~ll agrees to plant suitable plantings and construct other
~easonable s~.!:~:?~~g ~~llUff~ring devices~ncludillg PlJt notl.i::!it:ed~o shrubs,
~.~~~L.~U!'1h~,s...~iln:h beTtllS and other suitable screening and buffering device~
to screen and buffer the areas to the west and east of the real estate
described herei~ and to screen and buffer any uses proposed to be placed o~
the real estate described herein. That the parties hereto agree that the
selection of the location of the screening, buffering, the typ~ of plantings,
trees, shrubs, the construction of berms and other screeni~g and bufferi~b
"
devices shall be dete~ined by the mutual agreement of th~ parties; and that
the parties shall consider i~ such determination, costs, aesthetics, the
scre~ning and buffering 0: no~se and screening and buffering as to sig~t,
the entrance tc the City and the enhance~ent of the Iowa River and 37.Y tutu,;
recreation projects in the vicinity of the real estate described herein 2n~
any future master plan or co~prehen5ive plan for scre~ning and buffering of
entrances to the City of Iowa City, Iowa. Russell agrees to bear the cost
of plantings, construction of berms and other screening and buffering devices
that may be mutually agreed upon by the parties.
In the event that there is any dispute or controversy or difference
~et\<een the par~~.:_~_..a.s.._t:o the location, t)'P= of screening or buffering,
the construction of berms or other screening or buffering devices referred
to__~~!'e~n...._t.h~n_.~!l..t~a':. .event the parties hereby agree to arbitrate 2!:l;
~!.2P'u~2r~tro~~_~~', 0:;: difference pursuant to the te::-;asof this
_2-<l..~~~E=P=:._~::.J.~~l.o.'.~/;. :
C!:: Eit~a:- p,;::...ty. ,,'he:-, a disput<:, cO:1tro~'ers:: 0:- differ;:;:-:-:~
ar~.!';cs, Ilin)' hy l.rritte:1 nc:ice to the (l~:li!r request arbit!'lition and irl t>~
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notice of said request for such arbitration, shall appoint one arbitrator
as such party may select. The other party, u?on receipt of the written
n~tic~, s~all by ~Litten notice within l~ days after receipt of such Dotice
ep?oL,t c second arbitrator as such party may select.
b) If.,en two arbitrators have been appointed as h~reinabove
pr~videc, ~hey shall agree on a third arbitrator and shall appoint said
arbitrat~r by ~7itten notice signed by both of them with a copy mailed to
each par:? hereto. In the event that the two arbitrators selected by the
parties ~~"not agree on a third arbitrator, parties.agree to request t~at
tile Stat,;: of Iowa Arbitration Board appoint a third arbitrator and sue:, thire
arbitrato~ appointed by the St~te Board shall be qualified and is accepted by
both or t~e parties.
c) On appointment of three arbitrators as hereinabove providad,
such ar~itrators shall hold an informal hearing and prescribe the rules of
said hea~~g, and the three arbitrators shall allow each party to present
his posi~i~n and any inforcation and witnesses that such party may have on
the ques~ion before the Arbitration Board and upon the close ,of the he3ring
" and after a reasonable time, the arbitration Board shall render their aWdrd
inclucin~ a provision for pa}~ent of costs and expe~ses of arbitration to
b~ p~id ~7 o~e or both of th~ partiea hereto as the arbitrators deeo just.
d) The a~ard of the majority of the ar~itrators shall be bind-
L.g or. t~; parties hereto and judgment ~ay be entered thereon in any Court
h~ving j~~isdiction thereof and the parties hereto agree t~ ~aive notice of
said entry of' judgment.
4. It is understood and agreed by and between the parties that the
screeniJ::.!; and buffering and plantings and establishment of a greenbelt as con-
templatec in this Agreement will Dot commence in 1974, but will be the su~ject
of negotiz~ions between the parties and will also be contingent upon adequate
filling ~~ of the area of the real estate being annexed as a part or
this Agre~ent. I~ is understood by the parties that this filling of land
\J~ll be D~er a ~ide area of the real estate under consideration vith emph2sis
i~ th= i__,ediate future in the area of the s~all ponds a3c ditches colorec
~,lUf: ir: !.::hibit "An attached to this A[:reement and by this refere:Jc? ,".~i", a
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pan here(\~. It is agreed by Russell that the filling done on this property
will be a quality fill Daterial approved by the City or Iowa City, Iowa. It
is unde~stood and agreed by and between Russell and the City that this area
shall not be a sanitary land fill or e garbage dump and will not become a
nuisance to the neighborhood or the citizens of Io~a City, Iowa.
5. It is understood and 3greed by and between th: ?arties tha: pending
the plaTIt~6 of the greenbelt, screening and bufferin& devices, an:! the c():;-
structi~~ ~f the berms referred to in this Agreecent, tnat t~e~e will be
placed O~ the real estate being annexed an auto rec~ling operation o~ed by
Pa~l Pou:sen, and that said auto recycling operation ~ill consist of generally,
the placa=ent of automobile crushing equipment and th2 storag~ of crushed
automobilas and automobiles waiting to be crushed on a temporaL)' basis and
the truc~ and vehicles required for said operation will also be stored in
s~id area. It is hereby agreed that this area shall not exceed five acres
i!1 size =::1 that this auto recycling operation will be located initially
in the area ~enerally outlined in red on Exhibit "An attached :to this Agree-
Eent and by this reference made a part hereof. Russell agrees that this
area ~~ll,be screened on a temporary basis pending the develop~ent q: the
pl~ns heretoforz referred to ror comprehensive screening and that said
sc~eeninb on a te~porary basis shall be that as approved by the Building
D=part~e~t of the City of Io~a City.
i:~zt by virtue of a placenent of the auto recycling operation oltned oy
Pa~l Poulsen on the real estate being aUl"lexed, it is deemed by the parties to
be ~ecessar)' and in the interest of the parties and of the said Paul Poulse~
that he be made a party to this Agreement, and that his signature appears in
this Agree::Jent acknoYledging that he accepts the terms and conditions of
this Agre~nt and agrees to abide thereby.
6. P~sse~l further agrees that no additional i~dustrial use or other
uses allo.co in an M-2 area will be placed up or. the real estate hereip.
describe': unle:;s screened in co::!pliance with existing Ordina;:;ccs of the
City of 10'...a City, 10..;", or future Ordinances of th~ City of IOl,'a C:~ ty, 10";3.
:t is tU~=~2r ~3reprl that if any future O~dinance of th~ City of Io~~ Cit~
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requires any screening ir. adcitioD to that already referred t~ in this
Agreeoer.t that Russell yill provide said additional screening.
7. It 1s understood and agreed that t~c entering 1nto of this Agreement
b~' the City does not in ar.}' "'ay indicate approval of any construction on t11e
re~l estat~ ~hich is a part of this Agreeme~t, does n~t approve a~y platting
oz the real estate uhich is a part of this Agree~ent. or does not approve any
zoni..g 0: the real estJ.te ,~hici~ is a part o~ this ft.,?rce::!ent, a~d does not
approve a=y proposed or cODte~plated future zoning. By tte enterin? into of
tbis Agreeoent, the City of Io~a City does not ~laive any of the resuire~ents
-
of any Orcli~ances of the City of Iowa City in any respect; and Russell agrees
to co~ply _~th all Ordinances' of the City of lOVS City in the devel~p~ent
of the real estate which is a part of this Agreement.
8. It is further agreed by Russell that this Agreement shall be a
covenant ru~ning with the land, and that this Agreement shall be filed of
record in the, Courthouse in the Office or t~e Recorder of Johnson Cou~ty.
Io;.;-a. and that in the event any of the. real estate described herein is
conveyed, sold or transferred in ar.y wey, that the Deed of conveyance will
~ contain e clause indicating that the real estate tra~sferred to conveyed
is subject to the provisions of this Agreenent.
crTl OF lOt;";' CITY
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By: f8f; A. . -( ~ /'/ .A"" <_.{----Itf
Hayor/ - ~, y-
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Attest: ';'" .-:' ..' t
C{~y Clerk I
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Gordon Russell
l" Paul Poulsen, do hereby agree to comply vith all of the terms and
conditi04s of the Agreemer.t specified harein.
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Exc.~ -~B
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE:/l~~ 0' ~tt?LJb PROPERTY PARCEL NO. /COl?/76t:?tP/
PROPERTY ADDRESS: ~7$;l $, ;(7/t/c/f'S/"oE //~I
PROPERTY ZONE: r / PROPERTY LOT SIZE: 96 7~ $tp.
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APPLICANT: Name: ,.LIce /ltr7Z? /(,E~f~L~;e~
Address:tJ7S-J- SI ,fl(/r~...f///E #~
Phone: J/f" 3~39 7d';J ~
CONTACT PERSON: Name: //c!J/V /7'/LS~~A/
(if other than applicant) S/lNE
Address:
Phone:
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PROPERTY OWNER: Name: ,.-
(if other than applicant) '.
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Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter:
Purpose for special exception: ,5EE ~ ~/9C HELl S# FEr
Date of previous application or appeal filed, if any:
-2-
Please see 14-8C-2 In the Code for more detailed Information on special exception
application and approval procedures. Planning staff are available to assist applicants with
questions about the application process or regulations and standards In the Zoning Code.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. LeQal descrlDtlon of property (attach separate sheet if necessary):
B. *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 abutting the property in question;
6. Parking spaces and trees - existing and proposed.
*Submission of an 8 W' x 11" plot plan is preferred.
C. Review: The Board of Adjustment Is empowered to grant special exceptions to the
provisions of the Iowa City Zoning Code only in circumstances specifically
enumerated within the Code. To ensure that the spirit of the ordinance is observed
and substantial justice done, no special exception shall be granted by the Board
unless the applicant demonstrates that all of the specific and general approval
criteria are met, as described below.
SDecific ADDroval Criteria: In order to grant a special exception, the Board must find
that the requested special exception meets the specific approval criteria set forth
within the zoning code with respect to the proposed exception. In the space
provided below or on an attached sheet, address the areas of Board review that
apply to the specific requested special exception. The applicant is required to
present specific Information, not just opinions, that demonstrate that the requested
special exception meets each of the specific approval criteria listed in the Zoning
Code. (Specific approval criteria for uses listed as special exceptions in the base zone are
set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications
to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the
Code. Planning staff is available to assist you in finding the relevant approval criteria for
your requested exception.) Attach additional sheet if necessary.
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D. General ADDroval Criteria: The Board must also find that the requested special
exception meets the following general approval criteria or that the following
criteria do not apply. In the space provided below, or on an attached sheet,
provide sDeclfic information. not just opinions, that demonstrate that the specific
requested special exception meets the general approval criteria listed below or
that the approval criteria are not relevant in your particular case.
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 district 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 egress
designed to minimize traffic congestion on public streets.
6. Except for the specific regulations and standards applicable to the special
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 special 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 the City Code section 1448 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
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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 14-8C-2C4, 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 14-8C-1E, City Code).
Date:
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1F, 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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nature(s) of Applicant(s)
Date:
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Signature(s) of Property Owner(s)
if Different than Applicant(s)
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ACE
AUTO RECYCLERS, INC.
2752 S. Riverside Dr. . Iowa City, IA 52246 . (319) 338-7828
1. This would not be detrimental or endanger any property adjacent to ours. We
have had no problems in the past and do not foresee any in the future. By granting this
exception it will allow us the opportunity to better serve the needs of Iowa City. With the
city's increase in population - we need to expand. As the city grows so does the need for
the all inclusive auto recycler. We have few neighbors and those we have are industrial.
Our fencing will provide an adequate separation and screening for us.
2. I personally contacted our immediate neighbors who are industrial and everyone
has been in favor of our project. They feel it will greatly enhance our area.
3. The exception will only invite new business to the area. With the screening and
landscaping it will provide an attractive southerly entrance to the city.
4. Existing utilities are adequate. Our paving project and drainage have been
finalized in our site plan.
5. There will be minimal traffic congestion on public streets with this development.
It would not create any more traffic than what is now in existence.
6. We have and will continue to comply with the regulations and standards of the
zone. We will meet the conditions of the agreement.
7. The proposed project will be a good fit for the comprehensive plan of the city;
which proposes this area for industrial use.
ACE
AUTO RECYCLERS, INC.
2752 S. Riverside Dr. . Iowa City, IA 52246 . (319) 338-7828
14-4B
5. We are located at least 1,000 ft. from any residentially zoned property.
The proposed 1-2 zoning will be enclosed by an 8 ft. fence with landscaping to
provide an attractive area in the buffer zone.
There will be a 15 ft. wide ftrebreak around the perimeter.
Salvage materials will not be piled against or higher than the height of the fence.
There will be no storage of rags, paper, or similar combustible waste stored within
100 ft. of the property line.
ACE
AUTO RECYCLERS, INC.
2752 S. Hiverside Dr. . Iowa City, IA 52246 . (319) 338-7828
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We need to upgrade our facilities. Our otlicc is too small and we do not have
adequate storage to recycle automobiles. With the increase in population in the Iowa
City area the numbers of junk autos have also increased. In 2003 we processed J.H04.920
Ibs of scrap which amounted to 1268 cars. In 2004 -- 5,511.11W Ibs-I778 cars.
By rezoning this parcel we would accomplish two things. We would have a
building positioned in such a way that it would provide a natural scret:n. With the
landscaping in front and around the building, it would be very appealing to the traffi<.:
passing by. It would also give us the upgrades we need to better serve the community
Ace Auto Recyclers, Inc.
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AQUA-HlO 'ItJRP lBBIGADON smENS
04/06/06
Ace Auto Recyclers
2952 S. Riverside Dr.
Iowa City, Ia 52240
LANDSCAPING PROJECT
Worksite: West lot line south end (north/south line)
Norway spruce trees (Picea abies) will be used for the screening on the west
side of the 8' solid fence. This species is often used in windbreak situations.
Norway spruce is adaptable to various soil conditions and has a very rapid
growth rate (up to 3' per season). They are relatively pest free. Norway
spruce will be tree very suitable for this project. They will be planted 18'-
20' apart.
Worksite: West lot line by old office
Techny arborvitae (Thuja occidentalis techny) will be planted to screen the
existing chain link fence bordering the old office. This plant was developed
for its resistance to winter bum and drought damage. It is a great choice for
tough sites.
RlNDY INC.
P.O. BOX 465, Iowa City, IA 52244 . 319/351-5356
e-mail: rindy@myexcel.com. FAX 319/341-6278
City of Iowa City
MEMORANDUM
Date:
To: Board of Adjustment
From: Sarah Walz, Associate Planner
RE: EXC06-00003 First Presbyterian Church
At our April meeting, the board voted to reconsider an application by the First
Presbyterian Church for a special exception (EXC03-00006) to permit installation of a
columbarium, a structure containing niches for storage of cremated remains, for use by
the church members for property located in the Low Density Single-Family Residential
(RS-5) zone at 2701 Rochester Avenue.
Copies of the previous staff report and additional information provided by the applicant
are attached.
FROM : REM~X RE~L EST~TE CENTRE
PHONE NO. : 319 337 4431
Ma~. 04 2006 01:26PM P2
Iowa City Board of Adjustment
The sales and asset values I gave you are intended to show similar
size and design homes that have sold in the past year. They are in the east
and north sides of Iowa City not affected by University of Iowa students and
staff: Homes in west Iowa City, much closer to the university will show
higher value.
We do not have any comparable sales next to a columbarium in Iowa
City because there are not any. You do have a letter from Thomas Carpenter
, ' of Des Moines on sales next to their church.
The garden around our columbarium is designed by Mary Lou Gay;
, 'she is a master gardener and a church member. Rick Gay's ashes will be
" ,inter.red here.
, . . .
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, Thank you for consideration,
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home I Pl:lJ"g!l$_~C!rQh I advanced Darcel search I residential sale search I
commercial sale search
Pin 1024112007
Deed SHIELDS, MARK & JUDY
Contract
Add 2059 HANNAH JO CT
ress IOWA CITY
Class
Map
Area
RESIDENTIAL
21000-Res
Plat Map 10-24-1N
legal 2945--37 VILLAGE GREEN SOUTH - PART 4A LOT 37
Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008
Land Value Dwelling Value Improvement Value Total Value
23,580 140,090 0 163,670
Year
2005
2004
2003
2002
2001
2000
Land Value
23,580
23,580
23,580
23,580
23,580
21,040
Occupancy
Z~IQJ.-ot Line
Main Lot
Sub lot 2
Sale Date
Lot
Amount
Prior Year Value Information
Dwelling Value Improvement Value
140,090
126,800
126,800
116,190
106,970
99,610
Residential Building Information
Style Year Built
1 Story Frame 1996
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Total Value
163,670
150,380
150,380
139,770
130,550
120,650
Total Living Area
1,433
land Front Foot Information
Front Rear
33.00 85.00
0.00 47.00
Side 1
155.00
140.00
Sale Information
NUTC
Side 2
155.00
140.00
Recording
o
SINGLE FAMILY I ACREAGE AGENT REPORT
MLS #: ~OQS37:24
Ownership Type: Zero Lot
Address: 2059 HANNAH 30 COURT
City,State,Zlp: Iowa City 52240
Area: Iowa City DOM:
Ust Price: $169,000 Original Price: $184,500
Owner Name (L,F,MI): TJARKS, ALICIA
ust Agent!: KAROL MILLER
Ust Broker1: LEPIC-KROEGER, REALTORS
Ust Agent2:
Ust Broker2:
Ustlng Date: 7/1/2005
County: Johnson
SUbdivision:
Builder:
Zoning:
Lot Dim:
Acreage:
SqFt Above:
Fin SqFt Lower:
Tax 10:
Grss Tx (Cnty/City):
Tax Year Report:
Annual Assoc Fee:
Year Built:
New Construction:
RES
Irregular
0.00
1433
650
1024112007
2697.00
2004
0.00
1996
No
Size: X
Size: X
Size: X
Size: X
Size: X
X Virtual Tour:
FBath 3/4Bath HBaths
o 0 0 Elementary School: Lucas
2 0 0 Jr./Mlddle School: Southeast
o 1 0 High School: City
2 1 0 Internet: Yes
Buyers Name: SHIELDS
Selling Agent 1: CLAY CLAUSSEN (319) 331-9911
Selling Office 1: RE/MAX REAL ESTATE CENTRE Oft (319) 338-9888
# Fireplaces:
Mstr BR Level:
Uving Rm Level:
Dining Rm Level:
KItchen Level: Main
Family Rm Level:
Garage SiZe:
# BR
pper 0
2
2
4
1
Main
Main
status: Sold
200
(319) 530-6814
Oft (319) 351-8811
expiration Date: 2/1/2006
Assoc Doc 2
Variable Rate: No
Comm. to SB ($/%): 3%
T-Val: 0.00
Lease Value: 0
Pending Date: 1/17/2006
Qosing Date: 1/24/2006
AMENmES: Sidewalks, Street Li9hts
INTERIOR: Bookcases, Carpet, Tile, Other
ROOMS: Family Room, LR Separate, Master On Main Level, Master Bath
KITCHEN BREAKFAST:
EQUIPMENT: Dishwasher, Disposal, Icemaker Line, Microwave Built In, Range/Oven, Refrigerator
FEE INCLUDES:
BASEMENT: Finished Rooms, Full
LAUNDRY TYPE: Laundry Room
FIREPLACE TYPE: Gas
HEATING: Gas, Forced Air
ENERGY RELATE:
CONSTRUCTION: Brick Partial, Vinyl
STORIES/STYLE: Ranch
LOT DESCRIPTION: Less than .5 Acre
POSSIBLE FINANCE: Cash, Conventional
lOX: No
SHOWING INSTRUCTIONS: Appt Office, Lockbox
Directions: SOUTH ON SCOTT BLVD.RIGHT ON WINTERGREEN,LEFT ON S.JAMIE LANE, LEFT ONTO HANNAH JO COURT.
PARKING: 2 Cars
LAUNDRY LOCATION: Basement
FIREPLACE LOCATION: Other
CooUNG: Ceiling Fan, Central
WATESER/WER: aty Sewer, City Water
EXTERIOR: Deck, Fenced Yard
ROOF YPTE: Composition
PHOTO CODE: Broker Loaded
OWNERSHIP:
POSESSSION: Immediate
us ea e zero- newer w am na an ca n u . ew wa r ea . u n
bookcases in the beautiful 4 season room. Family room in lower level. Large, nicely landscaped fenced yard with HUGE deck
wired for sound and-perfect for entertaining. Swingset is reserved. Immediate possession.
Addendum: Seller Disclosure Attached
this information is deemed reliable, but not guaranteed.
Iowa City Assessor
Pin 1004177009
Deed VOGEL, TIMOTHY W
Contract
31 COLWYN CT
Address IOWA CITY
Class
Map
Area
RESIDENTIAL
20100-Res
Plat Map 10-Q4-1S
ttQm~ I palCElI s~a~Qh I advanced parcel search I residential sale search I
commercial sale search
Legal
1312--31IDYLLWILD CONDOMINIUM S 31 COLWYN
COURT
Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008
Land Value Dwelling Value Improvement Value Total Value
43,940 150,330 0 194,270
Year
2005
2004
2003
2002
2001
2000
Land Value
43,940
43,940
43,940
43,940
43,940
8,820
Occupancy
CPIlJ:fQrniniulll
Sq. Ft. x Rate
Lot Basis
Prior Year Value Information
Dwelling Value Improvement Value
150,330
145,180
145,180
134,120
134,120
o
o
o
o
o
o
o
Total Value
194,270
189,120
189,120
178,060
178,060
8,820
Residential Building Information
Style Year Built
1 Story Frame 2000
Total Living Area
1,643
Land Information
Square Feet
Acres
8,787
0.20
Sale Date
~L212QQ~
Sale Information
Amount NUTC
175,000 018 Court Ordered Sale
Recording
3884-585
Iowa City Assessor
hQrn~ I Q,m::~I~eaJc:b I advanced parcel search I residential sale search I
~mmercial sale search
Pin 1024112004
Deed RUNGE, JILLlAN A & MATTHES, REGGIE L
Contract
Address 2035 HANNAH JO CT
IOWA CITY
Class
Map
Area
RESIDENTIAL
21000-Res
Plat Map 10-24-1 N
Legal 2945--34 VILLAGE GREEN SOUTH - PART 4A LOT 34
Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008
Land Value Dwelling Value Improvement Value Total Value
15,860 106,470 0 122,330
Year
2005
2004
2003
2002
2001
2000
Land Value
15,860
15,860
15,860
15,860
15,860
15,860
Occupancy
Z_eroLQtLine
Main Lot
Lot
Prior Year Value Information
Dwelling Value Improvement Value
106,470
96,580
96,580
93,160
93,160
98,260
Residential Building Information
Style Year Built
2 Story Frame 1995
o
o
o
o
o
o
Total Value
122,330
112.440
112,440
109,020
109,020
114,120
Total Living Area
1,249
Land Front Foot Information
Front Rear
Side 1
125.00
45.00
45.00
Sale Date
2.L?.]j20Q6
Sale Information
Amount NUTC
141,000 000 Normal Arms-Length Transaction
Side 2
125.00
Recording
3996-189
Iowa City Assessor
home I PClr~1 l>E!Clrc:h I advanced parcel search I residential sale search I
commercial sale search
Pin 1003254014
Deed HARTMAN, JEANNE E
Contract
Address 13 CAMBORNE CIR
IOWA CITY
Class RESIDENTIAL
Map 20100-Res
Area
.kr~-
:~.~~0~
'~'Ii:~~~:;;~.:.~.~
Plat Map 10-03-2S
Legal
1312--13IDYLLWILD CONDOMINIUM S 13
CAMBORNE CIRCLE
Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008
Land Value Dwelling Value Improvement Value Total Value
43,940 125,100 0 169,040
Prior Year Value Information
Year Land Value Dwelling Value Improvement Value Total Value
2005 43,940 125,100 0 169,040
2004 43,940 115,270 0 159,210
2003 43,940 115,270 0 159,210
2002 43,940 104,680 0 148,620
2001 43,940 104,680 0 148,620
2000 35,280 107,510 0 142,790
Occupancy
Cpm:lominillm
Residential Building Information
Style Year Built
1 Story Frame 1993
Total Living Area
1,971
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
8,787
0.20
Sale Information
Sale Date
a/1 ()120Q5
Amount
171,000 008 Condominium Sale
NUTC
Recording
3929-560
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STAFF REPORT
To: Board of Adjustment
Prepared by: Sarah Walz
Date: March 8, 2006
Item: EX06-00003 2701 Rochester Ave.
GENERAL INFORMATION:
Applicant:
First Presbyterian Church
2701 Rochester Avenue
Iowa City, IA 52245
Contact Person:
Dick Brown
2905 Saddle Club Rd. NE
Phone: 351-5408
Requested Action:
Approval of a special exception to
permit the expansion of a religious
institution in an RS-5 zone
Purpose:
To allow the installation of a
columbarium on church property.
Location:
2701 Rochester Avenue
Size:
1.96 acres
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
First Presbyterian Church; RS-5
North:
Residential; RS-5 and
OPD-5
Residential; RS-5
Residential; OPD-5
Residential; RS-5
South:
East:
West:
Comprehensive Plan:
Institutional
Applicable Code requirements:
14-2A-2, religious institutions
permitted by special.exception in
the RS-5 zone; 14-4A-61-3,
Columbarium as an accessory use;
14-4B-4D-14, approval criteria for
religious institutions located in RS-5
zones; 14-4B-3, general standards
for special exceptions.
File Date:
January 27, 2006
BACKGROUND:
The First Presbyterian Church was built in 1974 when this property was zoned R1A,
Single-Family Residence Zone. Churches were a permitted use in the R1A zone. In
1983 as part of a citywide rezoning, the City rezoned this property to RS-5, Low Density
Single-Family. Religious institutions require a special exception in the RS-5 zone. Any
expansion of the existing church on this property also requires approval of a special
exception.
In 2004, the First Presbyterian Church applied for and was granted a special exception
to allow the construction of a columbarium on church property. The special exception
was opposed by owners of three neighboring residential properties. The neighbors
challenged Staff's interpretation that columbaria were an acceptable accessory use for
religious facilities in the RS-5 zone. The neighbors contended that because the Zoning
Ordinance specifically required RM-12 zoning for cemeteries and mausoleums, and
because the Zoning Code did not address columbaria specifically, it was therefore
beyond the jurisdiction of the Board of Adjustment to grant the special exception. A law
suit challenging the special exception is pending.
The Iowa City Zoning Ordinance was updated in 2005. The new code includes a new
chapter that describes all land use categories (14-4A). The chapter provides descriptions
of various principal uses associated with each land use category as well as the
accessory uses associated with each principal use. (Religious Institutions are described
on page 165 of the Zoning Ordinance.) Columba ria are listed as an accessory use (by
special exception) for religious facilities. While the prior special exception is due to be
challenged in district court, the church has chosen to avoid the delay of a trial and has
reapplied for a special exception under the provisions of the new Zoning Ordinance.
The applicant is now requesting a special exception to allow the construction of a 96
niche columbarium, which will allow storage for 192 urns. A columbarium is "a structure
of vaults lined with recesses for cinerary urns" (Webster's Dictionary). The zoning code
defines a religious institution as an organization having a religious purpose, which has
been granted a Federal tax exemption as a section 501 (c)(3) organization under the
Internal Revenue Code, as amended, including churches, rectories, meeting halls,
schools and the facilities related to their use. The columbarium is intended for use by
members of the First Presbyterian Church and, as such, is a facility related to the use of
the church.
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 the requested special exception if the requested action is
found to be in accordance with the regulations found in Section 14-4B-4D-14, pertaining
to religious institutions in the RS-5 zone, and the general standards for special
exceptions as set forth in Section14-4B-3.
Specific Standards: 14-48-40-14 (page 199), Special Exceptions: Religious
Institutions. This section requires that religious institutions have access to a collector or
an arterial street and specifies minimum front and side setbacks of 20 feet and a minimum
rear setback of 50 feet. The existing church with the proposed columbarium will meet or
exceed all of these requirements.
The standards also indicate that proposed religious use should be designed to compatible
to adjacent uses. The proposed columbarium is located away from direct view from
residential properties and is small in comparison to the church building; it measures 5 feet
high and has a diameter of 7-10 feet. In addition to the wide setback, existing trees and
shrubs provide screening along Rochester Avenue. The church anticipates no significant
increase in traffic and therefore proposes no additional parking to accommodate the
columbarium. Because of its proposed location, size, and anticipated use, in Staff's view,
the columbarium will have no significant adverse affects of the livability of nearby
residential uses due to noise, glare from lights, late-night operations, odors, or litter.
General Standards: 14-48-3, Special Exception Review Requirements. The
applicant's statements regarding each of the general standards are attached. Staff
comments are offered as needed and correspond to the standards as enumerated in the
Zoning Ordinance.
a. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare. There is an existing church on
this property. In Staff's view the expansion of this religious institution to include a
columbarium will have no foreseeable effect on public health, safety, comfort or
welfare. The proposed columbarium is relatively small in scale (5 feet high and a
radius of 7-10 feet) when compared to the existing church building. The
columbarium will be located at least 50 feet away from Rochester Avenue and will
not be highly visible from adjacent residential properties. Although the columbarium
may generate occasional visitors, traffic associated with its presence is not expected
to increase significantly from traffic already generated by the existing church
services. The church has indicated that the proposed columbarium will not change
the intensity of use of the property by its members and does not anticipate any need
for additional parking.
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 noted above, the
columbarium will not be highly visible from the street or neighboring properties. The
church property and the proposed location for the columbarium are screened by
established trees and bushes along Rochester Avenue, and the front setback is
more than the required 20-foot minimum setback. Traffic generated by the
columbarium should not exceed the type of traffic that is generated for memorial or
funeral services, which are already a part of church's function. The applicant has
provided information on property values of homes located next to cemeteries and
supporting statements from other churches that have established columbaria. Even
though cemeteries are more intense uses than columbarium, the information
submitted by the applicant indicates that the presence of a cemetery in a residential
neighborhood in the Iowa City area has not had a diminishing affect on property
values.
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 surrounding
residential properties are already fully developed. .
d. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. Adequate utilities, access and drainage are in place to
serve the existing church on this property. The columbarium will not increase
demand on 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. The Church
has two driveways onto Mt. Vernon Drive and one onto Rochester Avenue. The
proposed columbarium would be located to the west of the driveway onto Rochester
Avenue. As noted traffic associated with the columbarium should be negligible.
f. 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. The proposed addition complies with the dimensional requirements
for religious institutions in the RS-5 zone. Minimum 20-foot front and side setbacks
and the 50-foot rear setback are met or exceeded by both the church building and
the proposed columbarium.
g. The proposed use will be consistent with the short-range Comprehensive Plan
of the City. The Northeast District Plan, a component of the Comprehensive Plan,
identifies this area as appropriate for institutional uses, which would include religious
institutions.
STAFF RECOMMENDATION:
Staff recommends that EXC06-00003, an application for a special exception to allow a
columbarium addition to a religious institution in the Low-Density Single- Family zone at
2701 Rochester Avenue be approved, subject to general compliance with the plans
submitted with the application.
ATTACHMENTS:
1. Location maps
2. Photos of site
3. Application
4. Correspondence
Approved by: ~ '
Robert Miklo, Senior Planner
Department of Planning and Community
Development
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APrt I CA TI ON TO · rHE EACJD(q-{jff)(fJ[)3
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION ' HHrrlUl r v
DATE: L!3A/ZQQ6
.d. lo...,.~",.
PROPERlY PARCEL NO.
1 01 ?')7Q(\f\l
PAOpe"TY ADDJlt.1!88: 2701 P{)~hRRtl'!r Avp.nllp.
PROPERTY ZONE: _ R ~ ';;
PROPERlY LOT SIZE: 1.. ~b a~n r
APPLICANT: Nm.: First Pre~bytBrian Cb~r~q
Addrua: ~7Q' ~Q~hest~x-Avenue. I()~11 ~
Phone: 319-351-2660 . ~ . ~~... .
CONTACT paRSON: "'me: D1~k I$;rO'<<tl
(If ether than applicant)
Addrul. ,2Q~ Saddlp. Club Rd. NE
Phontt: J.12-351-~4Q8
. PROPERTY OWNER: Name: Iwt -er~"'~~t-t.,.,..i r:aon r.hl1r~h ~ --
(If other than app.ac.nt) Add....:
Phone: . &...~ -
Specific Req~ted SpeclallxceptJom ApplIelbM Sgetkln{,) of the Zoning Chapter.
PurposefofSptlIC'ialsxCbptlbn:.1'D-.inlOlTA1J a. (',O)lIwbpr11111) frW ""'''' "r l'hnrroh "''''mh....,..'''
...:-'"':"""- ........
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If (fJ ~?Jl{:
0.- of prlvlous application or app... nled, If any: --:If- . .-.::...<
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Pleas. .~ 14-$C.2 In the Code for more detailed Imonnatlon on special exception
.ppncation and approval p,"Ocedures. Planning staff are available to assist appU~ots with
questions .bout the .pplkiaUon ProceM M regullUonl Ind ltandat'd$ In u.. %()nlng Codo.
INFORMATION TO BE PROVlbED BV APPUCAN1':
A. ...... dasot1ption of property (att.ch sepanIlte sheet It neceH8ry):
w 195 AC of E B.48 AC SE
NW 1/4 12-79-6 Lots 150-} A washington Park add. part]
8. .Plot man drawn to aelle !jhowing:
C. .
1. Lot with dlm.Mlone;
2. North point and ecale;
3. EJdstln{J and propOHd IVUctu.. with dlstanCfi from property lines;
4. AbuUing streets and alleya;
5. SurroundIng land uses. fnc;ludlng the location and .-.cord owner of each
property oppoette or abutting the property In question;
6. Parking ~pacoo and tNu . exlatlng and proposed.
.Submluton of an 8 %" It 11" pfot pi.. Ie pref.,.red.
Revlew~ The Board of Adjustment Ie empowered. to grant &pedaI exceptions to the
provisions of the low. CIty Zoning Code only in cJrcumatanc.es flpeelflcally
enumerated within tha Code. To eMU,. that the aplrlt of the ordinance i8 obeeNod
and sub8tanttal justice done. no spec'" ~ ahall bG grllnted by the Soard
un'" the applicant demonatretee tIMd aU of thtt apwslftc and ~ .pprova'
ertterIa ... met. as described beloW.
SD8dfk AODlO\'~ j(darlo: In order to grant 8 epeel.' e.ceptlOft, the Board must flnd
that the requeMed .peelal ~xcepUon meets the spedflc approval crII:erta set forth
wtthln the zoning cod. With respect to the propoNd vxcapUon. in In. apace
provided H~ or on an attoGhed sheet. add,.. thllt areat of Board nwl.w that
apply to the .peclftc raquwted .p$CIaI axcaption. The applicant It required to
praMnt apeclflc Information, not lust oplntone_ that domonstr.te that the r~"..ted
'PK\el1 .xaptk)n mHta NCh of tM .~ taPfV'CWat CI1t8ria tIsflId In the Zoning
CodtJ. (lpKlfIc .ppro....r crtt.M for UNS listed 8$ sped;d e~ In tile base :2Ofta are
.., lurth In 1Uf1.4 of the Zonll1tl Cod.. For qthft ty~ of Ilp~ ez;eptions ~ modification.
to 1ftb1lCkl, parking NQulNmtnti, etc. .. refer 10 th, """_ ~.t criteria Ii1Ited tn the
Gade. ....nnlng -" .. tval..ble to ...... you In fln6mg t.ht .-Mwent lppI"OVaI crtt.rIa tor
tOUl' rfCIUMted ex.oeplion.) AttaI;h addl&l\&I fh.-t If ~1lt'Y.
Located on Rochester Avenue with a 28 ft. street set back will be
at least 50 feet from Rochester Avenue. Front and side set back at
least 20 feet.
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D. Gonot'$1 "'~SW'I C~a: The Board mUlt alto find th.t the requested spoola'
exceptlDn mQ(fta the follOWIl\g genera. approval Orittrll or thet the foJlowfng
cr....... do pot apply. In tM .~ pt(Nlded below, or on an IttIched ahHtl
provide 8oeclflc: l'lfatm.lJRo. not Just opinions. that dtNnonatnlte that the 'plelfle
,.qu..ted special exception rn.... the gener.' .pproval crlterl. listed b.low or
t:turt the approval Griteria .... not rekwant In youP' particular ca...
1. The apQClflc proposed exClptlon will not H detrimental to or endanger the
public ....Ith, safely, &:omfort. or genlftf w.war..
Parking lot or p.gres6 will not b~ changed.
This will not increase traffic or change the use of property by
church members.
a.
The $peGlflo proposed .xceptton Will not be l"lurtoU& to the UN and
enjoyment of other property In the Immedlato ~Jcll'lity Ind wNI not
.ubstantially dJmlntah aM Impair propllty v8lues in the neighborhood.
Property value-s next to R cemotaTY or ~olurnbarlum will 7lot be
~rfect~d. See property values on homes next to St. Joseph, Oakland
and Memory Gardena CE!81p.tari.ea. See evidence of home sales.
I have researched real estate sales near cemeteries in Iowa City
and North Liberty. Sale prices have continued to go up in these
areas. I am a real estate professional with 25 years of experience.
3_ EatabU.hment of the spKlflc proposed QXC&pUon WiU not Impede the normal
and orderly development IIIld ImplWlfftent 01 tOO $urroundlr.g property for
UhS pmnltbJd In the dJ5trtet In which auch property Is IotatM.
All lots in this area have been built on or sold.
4. Adequat9 utllltllll, aecess road., draifHlge andfor MCe8Ury facUlt'es havo
been or.,. being pnwid<<l.
This will not effect traffic and will not require any utilities.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
No change.
All have already been established and constructed.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-48 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
Will meet set back with no additional parking required.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
Yes. Code will allow for religious uses and this allows the
expansion of the church. This will be used only by church members.
-5-
E. LI.t the namea and mamng addreun of the record owners of aU property lacatod
within 300 feet of the exterior IImlta of th6 I)rOptrty Involved In thla app.al:
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ImprtNed traffk clreuWlon l'Gqukement.l, highway access retitrlctions, Incre8$ed minimum
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OtdatL UnIeN otherwta. "'nnlMd by the Board, .U ordeN of th. BoBrd shall
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un'" the appticant ahall t..v. takWl Ktion WIthIn tbe six (8) month period to
~ the use or construct the buUdfng permitted undttr the Wrms of tile
Board's decision, such as by bbtaIntng 8 building permit end proceeding to
oompletJon In accordance wICh the tlInna of the permit. Upon wrttI:8n NJCIU88t. and
for gocxt. <*u.. fttownt U. .8oMt may ....d the expfratlon cs. of MJ ~...
without further public _ring on the merb of tire original apput or appIIcIItion.
(8ectJon 1UW-lE, City Code). .
PtWon for writ of cartJotwI. Arty per$Oft or ~ Jointly or aewrally, 8ft"ev..
by any ded$Jon of UM to.rd u.... .... ~ of the Zonlng Chapter, or any
taxpayer Of' any officer, deparbn8llt or bowd 01 the City may present to a court of
record a petition for writ of certiorali due, wdfIed, SlIttIng forth that auch "Ion
"Illegal, In whole or in part. aM 61*llfy1ftO'" grounde of tM nlegallty. (hcUon
14-eW-T, city Code). Such pttuuon..... bit pt'GI.nted to the court within thirty (30)
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Listing Custom Detail
Page 1 of2
1;\
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SINGLE FAMILY I ACREAGE AGENT REPORT
.. MLS #: J910~7~ Status: Sold
Ownership Type: Single Family
Address: 704 RENO ST
City,State,Zip: Iowa City , IA 52245 8
Area: Iowa CIty M: 12
Ust Price: $220,000 Original Price: $220, 0
Owner Name (L,F,MI): GAINES GARY
Ust Agent1: INACTIVE AGENT
Ust Broker1: Blank. McCune, The Real Estate Cm Off(319) 3
Ust Agent2:
Ust Broker2:
UstIng Date: 6/26/1997 Expiration Date: 11/17/1997
County: Johnson
Subdivision:
Builder: # Fireplaces: 0 Variable Rate: No
Zoning: Mstr BR Level: Lower Size: 14X11 Comm. to SB ($/%): 3.00
Lot Dim: 297X155 UvIng Rm Level: Lower Size: 14 X15 T-Val:
Acreage: 1.10 Dining Rm Level: Lower Size: 14 X 12 Lease Value:
SqFt Above: 1675 Kitchen Level: Lower Size: 18 X11
Fin SqFt Lower: 0 Family Rm Level: Size: 0 XO
Tax ID: 63676004 Garage Size: 0 XO
Grss Tx (Cnty/City): 2420.00 # BR FBath 3/4Bath HBaths
Tax Year Report: 0 Jpper 2 1 0 Elementary School: Mann
Annual Assoc Fee: 0.00 Main 1 0 0 Jr./Mlddle School: Southeast
Year Built: 1868 .ower 0 1 0 High School: City
New Construction: No <>tal 3 2 0 Internet: Yes
Pending Date:
Qoslng Date:
AMENmES:
INTERIOR: Cable TV Connections
ROOMS: DR Separate
KITCHEN BREAKFAST:
EQUIPMENT: Dishwasher, Disposal, Range/Oven
FEE INCLUDES:
BASEMENT: Partial
LAUNDRY TYPE:
FIREPLACE TYPE: Wood Burning
HEATING: Gas, Forced Air
ENERGY RELATE: Water Heater-Gas
CONSTRUCTION: Aluminum, Brick, Brick Frame
STORIES/STYLE: 1.75 Stories
LOT DESCRIPTION: Wooded
POSSIBLE FINANCE: Cash, Conventional
IDX:
SHOWING INSTRUcnONS:
10/31/1997
11/28/1997
Sold Price: $214,000
Sales Term: Conventional
Selling Agent 1: JEFF EDBERG (319) 331-618
Selling Office 1: COLDWELL BANKER REAL ESTATE0ff(319) 351-:
Remarks:
c;d
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UNIQUE PROPERTY-WONDERFULLY RESTORED.THOROUGHLY MODERN mCHEN + WOODBU~::C) J: \_ ..J
RANGE.5KYUGHTS,SOLARIUM,HOT TUB-UNPIN 30X30 STUDIO ADDN.2 CITY LOTS. MAPLE FL "INI. RM,ARt:1
WINDOWS, BRICK WALL CONSTRUCTION. PRIVATE I )> ;,;,
0'\
PARKING: Carport, Detached
LAUNDRY LOCATION:
FIREPLACE LOCATION: In Living Room
COOUNG:
WATER/SEWER: City Sewer, City Water
EXTERIOR: Hot Tub, Patio
ROOF TYPE:
PHOTO CODE:
OWNERSHIP:
POSSESSION:
l':)
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(:~'::,,)I
C"'\.
Directions:
Addendum:
This Infonnatlon Is deemed reliable, but not guaranteed.
http://icaarmls.fnismls.comIParagon/search/CustomLayout.asp?view=29&layout_id= 1 03&... 10/1/2004
Iowa City Assessor
h_Qme I pcm~E11~eCiJch I residential sale search I commercial sale search
Pin 1002301014
Deed MACVEY, ALAN
Contract
Address 1124 CONKLIN LN
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map 20100-Res
Area
Plat Map 10-02-3N
Legal
Land Value
85,560
Current Value Information
Dwelling Value Improvement Value
227,530
o
Total Value
313,090
Occupancy
Sing le..E~mily I Ql.^lnerQQl::lJQi~g
Residential Building Information
Style Year Built
2 Story Frame 1910
Total Living Area
2,958
Description
SMALLI3ARt'L~O_X 32
Yard Extra Information
Item Count
1
O Year~i1t
=,
:.:E 0 1920
)> -) 11
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O"l 0.20
5.03
Lot Basis
Land Information
Square Feet
Acres x Rate
Acres x Rate
Acres x Rate
43,560
8,712
219.107
Sale Information
Sale Date
lJDl011999
QL131197Z
Amount NUTC
405,000 021 Lot Assessed as Unplatted Land
74,500 000 Normal Arms-Length Transaction
l, s-f~ ~ ~3 9t; ~
Recording
2873-63
487-91
Sketch
D
SINGLE FAMILY I ACREAGE AGENT REpOR't-"
MLS #: 19907_Z90
Ownership Type: Single Family
Address: 1124 CONKLIN LN
CIty,State,Z1p: Iowa CIty
Area: Iowa City
List Price: $398,000
Owner Name (L,F,MI): MACINDOE
List Agent1: LYNN WEINSTEIN
List Brokerl: Blank a. McCune, The Real Estate C...
List Agent2:
List Broker2:
Listing Date: 9/8/1999
County: Johnson
Subdivision:
# Fireplaces: 0
Mstr BR Level: Lower Size: 16 X 17
Living Rm Level: Lower Size: 18 X 15
Dining Rm Level: Lower Size: 16 X 11
Kltchen Level: Lower Size: 25 X 12
Family Rm Level: Lower Size: 21 X 17
Garage Size: 0 X 0 Virtual Tour:
# BR FBath 3/4Bath HBaths
~pper 3 2 0
Main 1 1 0
~w~ 0 0 0
mal 4 3 0
Buyers Name: MAEVEY
Selling Agent 1: KAY BRAVERMAN
Selling OffIce 1: LEPlC-KROEGER, REALTORS
~
~
1 of 5
Builder:
Zoning:
Lot Dim:
Acreage:
SqFt Above:
Fin SqFt ~wer:
Tax 10:
Grss Tx (Cntv/City):
Tax Year Report:
Annual Assoc Fee:
Year Built:
New Construction:
6.23
2978
o
1002301014
3202.00
o
0.00
1910
No
11/30/1999
Sold Price: $405,000
Sales Term: Conventional
Status: Sold
, IA 52245
DOM:
Original Price: $398,000
153
(319) 400-0355
~(319)354-9440
Expiration Date: 2/8/2000
Assoc; Doc 0
Variable Rate: No
Camm. to SB ($/%): 2.50
T-Val:
Lease Value:
Elementary School: Mann
Jr./Middle School: Southeast
High School: City
Internet: Yes
Pending Date:
Oosing Date:
AMENmES:
INTERIOR: Cable TV Connections, Whlrfpool
ROOMS: 1st Floor Family, DR Separate, Other
KITCHEN BREAKFAST:
EQUIPMENT: Dishwasher, Disposal, Range/Oven, Refrigerator, Dryer, Washer
FEE INCLUDES:
BASEMENT: Block, Crawl, Full
LAUNDRY TYPE:
FIREPLACE TYPE:
HEATING: Gas, Forced Air
ENERGY RELATE: Water Heater-Gas
CONSTRUCTION: Frame, Vinyl
STORIES/STYLE: 2 Stories
LOT DESCRIPTION: Wooded
POSSIBLE FINANCE: Cash, Conventional
lOX:
SHOWING INSTRUCTIONS:
Directions: NORTH ON DODGE/SOUTH ON CONKLIN
PARKING: Detached, 2 Cars
LAUNDRY LOCATION:
FIREPLACE LOCATION: In Great/Family RCfQ!I
CooUNG: Central 0 2:~
WATER/SEWER: City Sewer,~ater~
EXTERIOR: Deck, Patio, Po.:tfi' -J S~
ROOF TYPE: () -<, N
PHOTO CODE: -j (j -.J
~.......r..-
OWNERSHIP: fT) ::3?
POSSESSION: 9 ~ ........
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(319) 331-1642
~ (319) 351-8811
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Remarks: BREATHTAKING PROPERTYl COMPLETELY UPDATED W /SPECTACULAR ARCHITECTURALLY DESIGNED ADDmONS:
16X29 SCREENED PORCH, MULn-LEVEL DECKING, EAT-IN KITC HEN, MSBDRM SUITE. PROFESSIONAL
LANDSCAPING..BEYOND BELIEF. MUST VlEWl ORlG INAL CARRIAGE HOUSE (AS IS). POSSIBLE LAND DIVISION (CALL
LO.) 5 ACRES FOREST RESERVE.
Addendum:
This information Is deemed reliable, but not guaranteed.
Iowa City Assessor
~ome I PClr<::el~ecHGb I residential sale search I commercial sale search
Pin 1002351013
Deed MOWERY, GLEN R
Map
Area
20100-Res
Contract
Address 1026 SAINT CLEMENTS AL Y
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Plat Map 10-02-3S
Legal
2591-- ST. MATTHIAS 2ND ADDI TION COM SE COR
INTER ST CLEMENTS ALLEY WITH ST PETERS
ALLEY; N 65 DEG E 143'; S 35 DEG E 387'; S 6 DEG
E 513'; S 85 DEG W24'; N 59 DEG W294'; S 72 DEG
W 145' TO Ell OF ALLEY; N 295'; N 65 DEG E 154'; N
90';
Land Value
69,400
Current Value Information
Dwelling Value Improvement Value
82,770
o
Total Value
152,170
Occupancy
Sil19le:E~milyLQwner _QcC:l.J-pi~c:l
Residential Building Information
Style Year Built
1 Story Brick 1900
Total Living Area
955
Sheds
1
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Q ~~
fi~Bu6!;
./ ...4l-
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5 :0 ::x
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43,560
163,786
11
;:::t960
lTl
1-1
.....J
Description
Yard Extra Information
Item Count
Lot Basis
Land Information
Square Feet
Jcores
0"'
Acres x Rate
Acres x Rate
1.00
3.76
Sale Date
t2L15L~J1Q3
Sale Information
Amount NUTC
205,000 000 Normal Arms-Length Transaction
Recording
3679-587
Johnson Coun
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SINGLE FAMILY I ACREAGE AGENT REPORr
iT MLS #:~!}!:t~3601
OWnership Type: Single Family
Address: 1026 ST CLEMENTS
Oty,State,Zlp: Iowa City , IA 52240
Area: Iowa City DOM:
Ust Price: $250,000 Original Price: $250,000
OWner Name (L,F,MI): VRCHOTICKY, DONALD a....
Ust Agent!: BARB ROBERTS
Ust Broker1: GATEWAY ACCESS REALTY
Ust Agent2: POLLY RIGGAN
Ust Broker2: IOWA REALTY
Usting Date: 9/12/2003
County: Johnson
Subdivision:
Status: Sold
o
"~~
82
(319) 887-6385 ext...
Off (319) 665-4300
(319) 631-1432
Off (319) 354-0581
Expiration Date: 12/28/2003
Assoc Doc 0
Pending Date:
Closing Date:
AMENmES: None
INTERIOR:
ROOMS: DR Separate
KITCHEN BREAKFAST:
EQUIPMENT:
FEE INCLUDES: None
BASEMENT: Block, Entrance-Inside
LAUNDRY TYPE:
FIREPLACE TYPE:
HEATING: Forced Air
ENERGY RELATE: Water Heater-Gas
CONSTRUcnON: Brick, Frame
STORIES/STYLE: 2 Stories
LOT DESCRIPTION: 2-5 Acre
POSSIBLE FINANCE:
lOX: No
SHOWING INSTRUCTIONS: Lockbox
Directions: NORTH DODGE TO ST CLEMENTS
Sold Price: $205,000
Sales Term: Conventional
# Fireplaces:
Mstr BR Level: Upper Size: 13 X 12
Uving Rm Level: Main Size: 13 X 13
Dining Rm Level: Main Size: 11 X 12
Kitchen Level: Main Size: 12 X 9
Family Rm Level: None Size: X
Garage Size: 24 X 30 Virtual Tour:
# BR FBath 3/4Bath HBaths
lJpper 2 1 0 0 Elementary School: Mann
Main 0 0 0 1 Jr./Middle School: Southeast
Lower 0 0 0 0 High School: City
otal 2 1 0 1 Internet: Yes
Buyers Name: MOWERY
Selling Agent 1: MARY DAVIN
Selling Office 1: DICK DAVIN REAL ESTATE
Variable Rate: No
Comm. to SB ($/%): 3.0
T-Val: 0.00
Lease Value: 0
Builder:
Zoning:
Lot Dim:
Acreage:
SqFt Above:
Fin SqFt Lower:
Tax 10:
Grss Tx (Cnty/City):
Tax Year Report:
Annual Assoc Fee:
Year Built:
New Construction:
RM-12
4.76 ACRES M/L
4.76
955
o
1002351013
1881.00
2002
0.00
o
No
12/3/2003
12/15/2003
(319) 338-7549
Off (319) 338-7549
PARKING: Detached, Garage
LAUNDRY LOCATION: Basement
FIREPLACE LOCATION: None
COOUNG: Central
WATER/SEWER: City Sewer, City Water
EXTERIOR: Outbuildings
ROOF TYPE: Metal/Steel
PHOTO CODE:
OWNERSHIP:
POSSESSION: Negotiable
Remarks: 4.76 ACRES ZONED RM-12, 11/2 STORY TURN OF THE CENTURY HOME WITH 2 LARGE OUTBUILDINGS SURROUNDED BY
WOODED RAVINES. HOUSE "AS IS". COMMERCIAL POTENTIAL. Co-USTED WITH POLLY RIGGAN.
This Information Is deemed reliable, but not guaranteed.
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Pin 1013254021
Deed ILGENGRITZ, RYAN M & LAUREN E
Class
RESIDENTIAL
Contract
2502 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Plat Map 10-13-2S
Legal 0821--13A EAST HILL CONDOMINIUM S UNIT 13A
Land Value
23,260
Current Value Information
Dwelling Value Improvement Value
108,340
o
Total Value
131,600
Occupancy
ConctQmil1ilJJTl
Residential Building Information
Style Year Built
Split Foyer Frame 1998
Total Living Area
956
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
7,383
0.17
Sale Date
6/11Z_00!j
8/7/2Q02
a/611999
Sale Information
Amount NUTC
142,000 008 Condominium Sale
135,000 008 Condominium Sale
118,500 008 Condominium Sale
Sketch
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3886-441
3354-698
I"--:J 2804-227
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11/4/1998
Building Permit Information
Number Amount
98-0724
11
Date
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Class
RESIDENTIAL
Pin 1013254019
Deed CHRISTENSON, SHAUN, CHRISTENSON, DANA
Contract
2512 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Photo: 1 2
Plat Map 10-13-2S
Photo Comments
1 OF 2
Legal
0055--12A 12A-12B EAST HILL CON DOMINIUMS
12A-128 EAST HILL CONDOMINIUMS UNIT 12A
Land Value
20,930
Current Value Information
Dwelling Value Improvement Value
111,150
o
Total Value
132,080
Occupancy
Condgminium
Residential Building Information
Style Year Built
Split Foyer Frame 1999
Total Living Area
956
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
4,650
0.11
Sale Date
~l25/2QQA
91~j)L1999
7/1/1999
Sale Information
Amount NUTC
134,000 008 Condominium Sale
107,900 008 Condominium Sale
40,500 034 Vacant Lots
Building Permit Information
o R~rding
$0 ~ 3742-224
::i> ___..I ~ 28l1-192
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Class
RESIDENTIAL
Pin 1013254018
Deed GEHRIS, CATHERINE E REDDING
Contract
2514 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Photo: 1 2
Plat Map 10-13-2S
Photo Comments
1 OF 2
Legal
0055-128 12A-128 EAST HILL CON DOMINIUMS
UNIT 12B
Current Value Information
o
Total Value
130,580
Land Value
20,930
Dwelling Value
109,650
Improvement Value
Occupancy
Con<:fQ_miniYm
Residential Building Information
Style Year Built
Split Foyer Frame 1999
Total Living Area
928
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
4,650
0.11
Sale Date
~l31l20Q4
Hll1J 11!t99
Zl1/1999
Sale Information
Amount NUTC
135,000 008 Condominium Sale
109,854 008 Condominium Sale
40,500 034 Vacant Lots
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Pin 1013254015
Deed OBRIEN, MICHAEL J
Contract
Address 2532 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map 20900-Res
Area
Plat Map 10-13-2S
Legal
0043-10-A 10A-10B EAST HILL CON DOMINIUMS
UNIT 10A
Land Value
20,670
Current Value Information
Dwelling Value Improvement Value
107,470
o
Total Value
128,140
Occupancy
C_ondQminiJ.lrn
Residential Building Information
Style Year Built
Split Foyer Frame 1999
Total Living Area
956
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
4,594
0.11
Sale Date
8/712. 003
4!!514QQQ
9/3/1999
Sale Information
Amount NUTC
134.000 008 Condominium Sale
111,400 008 Condominium Sale
40,500 034 Vacant Lots
Recording
3669-883
2931-14
2823-327
911/1999
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Building Permit Information ~(') ~
Number Amount ~soJ';
99-0629 147,659 New Dw~() ~
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Pin 1013254012
Deed FRANTZ, AMY R,TSHILUMBA, JEAN-CLAUDE
Contract
2542 CATSKILL CT
Address IOWA CITY IA 52240-0000
Class
RESIDENTIAL
Map
Area
20900-Res
Plat Map 10-13-2S
Legal
0147-9A 9A-9B EAST HILL CONDO MINIUMS UNIT
9A
Land Value
20,930
Occupancy
CondQminilm1
lot
Main Lot
Sale Date
712Jl2QQ2
ZLt2L2.002
91261200J
711212Q01
Date
Current Value Information
Dwelling Value Improvement Value
120,840
Residential Building Information
Style Year Built
2S~~Frnme 2001
o
Total Value
141,770
Total Living Area
1 ,432
land Front Foot Information
Front Rear
75.00 75.00
Side 1
122.00
Sale Information
Amount NUTC
129,500 008 Condominium Sale ~ ucf/ )1t:;?-I-
152,900 008 Condominium Sale 4~-J
143,325 008 Condominium Sale
40,000 034 Vacant Lots
Side 2
122.00
Recording
3341-248
3340-79
3152-434
3093-170
1'0.:1
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Number Amount r'"\ -R:eastm
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01-00403 155,656 New ~ -oJ
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Pin 1013255001
Deed BOUDREAU, RYAN L,KATTRE, ROBIN C
Class
RESIDENTIAL
Contract
2552 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Plat Map 10-13-25
Legal
0130-8A 8A-8B EAST HILL CONDO MINIUMS UNIT
8A
Land Value
21.670
Current Value Information
Dwelling Value Improvement Value
118,390
o
Total Value
140,060
Occupancy
Conggminiul11
Residential Building Information
Style Year Built
Split Foyer Frame 2000
Total Living Area
1,040
Lot
Land Front Foot Information
Front Rear
73.00 87.00
Side 1
121.00
Side 2
121.00
Main Lot
Sale Date
7'[2_5121>93
3L1912,90 1
1/2,5/2000
Sale Information
Amount NUTC
137,000 008 Condominium Sale
130,000 008 Condominium Sale
40,000 034 Vacant Lots
Recording
3608-133
3045-744
2899-268
217/2000
Building Permit Information
Number Amount ~son fg
00-00083 160,026 New Dwlgfa ;:
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Pin 1013255002
Deed MAPLE GROVE FARM OF WELLMAN INC
Class
RESIDENTIAL
Contract
2554 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Plat Map 10-13-2S
Legal
0130-88 8A-88 EAST HILL CONDO MINIUMS UNIT
88
Land Value
21,670
Current Value Information
Dwelling Value Improvement Value
118,390
o
Total Value
140,060
Occupancy
Condominium
Residential Building Information
Style Year Built
Split Foyer Frame 2000
Total Living Area
1,040
Lot
Land Front Foot Information
Front Rear
73.00 87.00
Side 1
121.00
Side 2
121.00
Main Lot
Sale Information
Building Permit Information
Number Amount
00-00592
00-00083
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160,026 New Dwlg ~ ;:~ -=
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Recording
3839-20
3832-842
3066-136
2899-268
Sale Date Amount
1/5/2005 149,365 008 Condominium Sale
12/29/2004 0 006 Sheriff or Tax Sale
5/21/2001 132,600 016 Improvements After Jan. 1 of Sale Year, but Prior to Actual Sale Date
1/25/2000 40,000 034 Vacant Lots
NUTC
Date
8/112000
2f1/2000
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Pin 1013254008
Deed CLARK, ELIZABETH C,CLARK, JONATHAN K
Class
RESIDENTIAL
Contract
2562 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Plat Map 10-13-2S
1 OF 2
Legal
0121--7A 7A-78 EAST HILL CONDO MINIUMS UNIT
7A
Land Value
23,250
Current Value Information
Dwelling Value Improvement Value
150,780
o
Total Value
174,030
Occupancy
Conc:lQrniniYJD
Residential Building Information
Style Year Built
Split Level Frame 2000
Total Living Area
1 ,428
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
6,888
0.16
Sale Information
Sale Date
8Ll?/20Q3
6l?3/200Q
Amount NUTC
174,500 000 Normal Arms-Length Transaction
171,727 008 Condominium Sale
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Number Amount _.:; clj.ea~
99-00874 295,304 New ~tt; ."
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Recording
3622-335
2979-120
Ii
Date
r--
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11/16/1999
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Pin 1013281017
Deed FISHER, ERIC K & KRAMARENKO, GAUNA G
Class
RESIDENTIAL
Contract
2616 CATSKILL CT
Address IOWA CITY IA 52240-0000
Map
Area
20900-Res
Plat Map 10-13-2S
10F2
Legal
0114-5A 5A-58 EAST HILL CONDO NMINIUMS 5A-
58 EAST HILL CONDOMINIUMS UNIT 5A
Land Value
20,580
Current Value Information
Dwelling Value Improvement Value
139,430
o
Total Value
160,010
Occupancy
Qond9mioiurn
Residential 8uilding Information
Style Year Built
Split Level Frame 1999
Total Living Area
1,720
Lot Basis
Land Information
Square Feet
Acres
Sq. Ft. x Rate
4,573
0.11
Sale Date
IL14L4.Q.Q4
7/15/1999
11112/1998
Sale Information
Amount NUTe
167,000 008 Condominium Sale
137,500 008 Condominium Sale
42,500 034 Vacant Lots
1/14/1999
Building Permit Information
Number Amount
98-0825
Recording
3768-597
2785-125
,...., 2620-298
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Pin 1013281016
Deed KUENNEN, GREGORY S
Contract
2618 CATSKILL CT
Address IOWA CITY IA 52240-0000
Class
RESIDENTIAL
Map
Area
20900-Res
Plat Map 10-13-2S
20F2
L I 0114-58 5A-5B EAST HILL CONDO NMINIUMS UNIT
ega 58
Land Value
20,580
Occupancy
CQDdominium
Lot Basis
Sq. Ft. x Rate
Sale Date
:3IlQJ20j)~
1/1812<1<12
8/J OL1 ~~J}
1J112/1 ~9-8
Date
1/14/1999
Current Value Information
Dwelling Value Improvement Value
138,850
o
Total Value
159,430
Residential Building Information
Style Year Built
Split Level Frame 1999
Total Living Area
1,720
Land Information
Square Feet
Acres
4,573
0.11
Sale Information
Amount NUTC
157,950 008 Condominium Sale
150,000 008 Condominium Sale
119,380 008 Condominium Sale
42,500 034 Vacant Lots
Recording
3705-799
~ 3215-34
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Building Permit Information
Number
98-0825
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
APRIL 13, 2006
EMMA J. HARVAT HALL -IOWA CITY, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Dick Brown, Mary Lee Dixon, Nestor Lobodiak
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:00 PM.
CONSIDERATION OF THE MARCH 8.2006 MINUTES
MOTION: Alexander moved to approve the March 8, 2006 minutes as submitted. Wright seconded the
motion.
Motion passed 5:0.
SPECIAL EXCEPTIONS:
EXC06-00005: Discussion of an application submitted by Viktor Tichy for a special exception to the
establishment of a daycare center serving up to 30 children and to reduce the minimum 5-foot setback
requirement for parking in the side yard along the alley for property located in the Low Density Single-Family
Residential (RS-5) zone at 1020 Kirkwood Avenue.
Leigh noted that the application was withdrawn by the applicant.
APL06-00002: Discussion of an application submitted by S&J Development for an appeal of the City's
determination of a stream corridor on property located in the Rural Residential (RR1) zone and Interim
Development Single Family Residential (IDRS) zone west of Rohret Road and north of Slothower Avenue.
Leigh said the application was deferred by the applicant.
EXC06-00003: Discussion of a request to reconsider an application submitted by First Presbyterian Church for a
special exception to permit installation of a columbarium, a structure containing niches for storage of cremated
remains, for use by the church members for property located in the Low Density Single-Family Residential (RS-
5) zone at 2701 Rochester Avenue.
Brown, 2905 Saddle Club Road, NE, said that he has additional information to present to the Board incl uding
information on landscaping planned for the site and real estate information. He asked for reconsideration of the
special exception in front of the entire Board.
Lobodiak, 229 Green Mountain Drive, said that the burden of proof and persuasion by the applicant to show that
there will not be substantial diminution of property values was addressed by the four board members, and there
is no necessary ground for reconsideration.
Holecek instructed the Board that because the application failed with a 2:2 vote someone from the prevailing
opposed side would need to make the motion to reconsider.
MOTION: Wood moved to reconsider the Special Exception EXC06-00003. Shelangouski seconded the
motion.
Motion passed 5:0.
OTHER:
Alexander asked if there was any news regarding the Shelter House case. Holecek said that the appeal is still
pending in the docket before the Supreme Court.
Walz provided board members with corrected pages to the Zoning Ordinance.
ADJOURNMENT:
The meeting adjourned at 5: 1 0 PM.
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