HomeMy WebLinkAbout09-13-2006 Board of Adjustment
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CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
Wednesday, September 13,2006
5:00 P.M.
Emma J. Harvat Hall
5T AFF REPORT
CITY OF IOWA CITY
Department of Planning
& Community Development
AGENDA
(Revised)
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, September 13,2006 - 5:00 PM
EMMA J. HARV AT HALL
A. Call to Order
B. Roll Call
C. Consider the August 9, 2006 Minutes
D. Special Exceptions:
EXC06-00019 Discussion of an application submitted by Oaknoll Christian
Retirement Services for a special exception to allow off-site parking on a separate lot
for property located in the High Density Multifamily (RM-44) zone at 1116 Oakcrest
Street.
. E. Appeal:
APL06-00003: Discussion of an application from Jose Abreu, John and Trisha Koza
Erik and Marilyn Rosenquist, Joe and Lynn Cannon, Frieda Rummelhart, Joyce and
Dick Summerwill, John and Randee Fieselman, Linda Mordaunt, Aileen Leichty,
Marge Hoppin, George and Miriam Bedell, Anna and Lenny Kangas, Jose
Fernandez, Ann Clark, Wayne Balmer, Matt Spitzer, Sarah Hanley, Malcolm
Rohrbough, Eddie Rosenquist, Marlene Weaver, Bruce and Mary Gantz, Patricia
Meier, Benjamin Chaukley, Bernardine Knight, and Naftaly Stamer for an appeal of
the Building Official's decision pertaining to the regulation of accessory apartments.
F. Other
G. Board of Adjustment Information
H. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING -October 11, 2006
STAFF REPORT
To: 80ard of Adjustment
Item: EX C06-000 19 1116 Oakcrest Street Oaknoll
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
Prepared by: Sarah Walz
Date: September 13, 2006
Oaknoll Christian Retirement
Services
701 Oaknoll Drive
Iowa City
Patricia Heiden
319-351-1720
Approval of a special
exception to allow off-site
parking in a residential zone
To allow the establishment of
off-site parking in the RM-44
zone in order to provide
additional parking for Oaknoll
Retirement Residence.
1116 OakCrest Street
13,375 Square Feet
Residential (RM-44)
North: Residential (RS-5)
South: Residential (RM-44)
East: Residential (RM-44)
West: Residential (RM-44)
Alternatives to Minimum
Parking-Off-site parking,
14-5A-4F-1; Location and
Design Standards for
Surface Parking and
Detached Garages, 14-28-
6C; General Approval
Criteria for Special
Exceptions, 14-48-3
August 17, 2006
2
BACKGROUND INFORMATION:
Oaknoll is proposing to construct off-site surface parking directly across Oakcrest Street from the
Oaknoll facility. The lot where the parking lot is proposed currently contains an apartment
building and 19 parking spaces. When redeveloped, the lot will accommodate approximately 20 -
23 spaces and will serve as Oaknoll Staff Parking and tenant second-car parking.
In 1981, Oaknoll was granted a variance to reduce the number of required parking for its facility.
At the time, the demand for parking by tenants of the facility was limited. While latter additions to
the facility have met the minimum parking requirements in the Code, newer tenants are
demanding more parking. Oaknoll currently provides 188 parking spaces. Without the variance
granted in 1981, the applicant estimates the minimum required parking would be more than 230
spaces. Oaknoll estimates that there current demand for parking is approximately 221 spaces.
ANAL YSIS:
Specific Standards: Alternatives to Minimum Parking-Off-site parking, 14-5A-4F-1 (page
240-242)
a-c. Special Location Plan, Location of Off-site Parking, and Zoning
The code requires that off-site parking be within 300 feet of the use being served and that it
be located within the same zoning district. As shown in the location plan provided by the
applicant (attached), the proposed parking location is within 300 feet of the entrance to the
facility. The proposed off-site parking lot and the Oaknoll residential facility are located in the
same RM-44 zone.
f. Approval Criteria
The approval criteria described in 14-5A-4F-1f (page 242) are concerned with vehicular and
pedestrian safety and the impact of the proposed parking on neighboring properties and the
surrounding streetscape. The property currently accommodates 19 parking spaces. The
applicant's preliminary site plan shows 23 spaces, however, changes recommended by staff
in this report may limit the number of spaces that may fit on site to 20 spaces. Thus the
redeveloped property will provide only a few additional spaces, the impact on vehicle safety
entering and exiting the lot would be minimal. The entrance drive will remain in the same
location as it is now established and, because the parking lot must be set back 20 feet from
the public right-of-way, no detrimental affect is foreseen for vehicles or pedestrians.
The applicant has indicated that parking on the lot will be strictly on a permit basis for
employees and residents only, and the lot will be appropriately posted and enforced. The site
plan included with the application is a preliminary site plan, but appears to include all
required design and a layout features, including, striping, terminal islands at the ends of the
center parking aisles. Compliance with the construction and design standards for off-street
parking require (14-5A-5H-4) as well as all other Code requirements for the layout and
design of the parking lot will be thoroughly reviewed by the Housing and Inspection
Department when a final site plan is submitted for review and prior to the installation of the
paving.
In multi-family residential zones surface parking is required to be concealed behind the
principal structure. This request for off-site parking proposes parking as the only use on the
lot, something that is discouraged by the Code. While this sort of off-site parking
3
arrangement is uncommon, the City has some history of granting such parking on a limited
basis to accommodate facilities such as Mercy Hospital. It should be noted that the proposed
parking is accessory to the adjacent residential use (Oaknoll) and that, if granted through this
special exception, the right to park on the lot may not be transferred through sale of the
property. Nor may the lot be leased for commercial purposes.
Because parking lots can detract from the residential character of a neighborhood, the City
has required lots devoted exclusively to parking in residential neighborhoods to be designed
with considerable aesthetic sensitivity to the surrounding residential uses. The Multi-family
Site Development Standards stipulate that "A buffer area at least 10 feet in width and
landscaped to at least the S2 standard must be provided between any parking area and
adjacent properties and between any parking area and street rights-of-way" (14-2B-6C-3a,
page 38). Moreover, these standards require that "any portion of a parking lot that is not
completely concealed from view of a fronting street must be screened to the S2 standard"
(14-2B-6C-1, page 37).
The applicant has proposed 1 a-foot landscaped beds on the east, north (rear) and south
(front) of the property. The applicant has proposed landscaping to the S2 standard on the
front and east side and S3 landscaping to the rear of the lot. In this instance, because the
entire parking lot will front the street, rather than behind a building as normally required, Staff
recommends that the landscaping along the front of the parking area include a masonry wall
in combination with low shrubs. Staff recommends that the masonry wall be similar to the
wall surrounding the parking structure on the Oaknoll site across the street from the property
(see photo 1) in order to signal its relationship to the Oaknoll facility and to give a visual clue
that it is not public parking. A decorative masonry wall will also provide year round
screening.
Because the single family residences to the rear (north) of the proposed parking area are
above grade and will look down into the parking area, Staff initially suggested that the
applicant consider S3 screening. The purpose of S3 standard is to establish a dense
landscape screening to provide a visual and physical separation between uses and zones.
The S3 standard requires enough evergreens to form a continuous screen or hedge at least
5 to 6 feet in height and more than 50 percent solid year round. However, after visiting the
site, Staff noted a well-established oak tree (see photo 2) at the back of the lot. In
consultation with the City Forester it has been determined that the tree is healthy, and Staff
proposes that it be preserved. A retaining wall currently surrounds the oak and protects its
root system. In order maintain the wall and preserve the oak it appears that 3 parking
spaces will need to be eliminated from the applicant's plan. Because there is some question
as to whether S3 screening could be established under the oak due to shading, and because
the established retaining wall is of sufficient height to block most glare, Staff recommends
that the oak be preserved and that screening along the rear (north) of the lot be to the S2
standard-2-4 foot high vegetation or a 4-6 foot high fence.
As the applicant has indicated, lighting for the parking area will be downcast and in
compliance with the with the illumination standards in the code. All lighting will be evaluated
during site plan review to ensure compliance with the Code.
The limited increase in parking on the property and the enforced restrictions on parking on
the lot (by permit only) along with the screening recommended by staff should minimize any
negative aspects associated with the parking use-noise, glare, etc.
4
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.
Because under any scenario the redeveloped lot will provide only a limited increase in parking
spaces, the impact on vehicle safety entering and exiting the lot and for pedestrians traveling
across the lot is minimal. The applicant's indication that parking on the lot will be by permit only
and for Oaknoll staff and residents only, insures that the parking will not be misused. The
required setbacks and screening along with appropriate lighting will help mitigate negative
effects associated with parking uses for neighboring properties.
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. In addition to the reasons cited above, the required
setbacks and recommended screening-including the screening recommended by staff along
the front (south) of the property to include a masonry wall complementing the existing Oaknoll
structure across the street, and preservation of the large oak tree-will help minimize negative
affects on adjacent properties. Staff is concerned, however, that a larger parking lot in this area
would begin to erode the residential character of Oakcrest Street. For this reason staff
recommends that the applicant pursue methods, such as ride-sharing for its employees and
limitations on the number of cars that residents are allowed to store on the Oaknoll campus, to
address any additional parking needs.
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. All surrounding lots are fully developed. A special
exception to permit the off-site parking is tied to the adjacent residential use, Oaknoll, and the
sale of this property would not permit the transfer of the right to park on the lot, nor could the lot
be leased as commercial parking.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided. All necessary utilities are in place and any changes to the drainage must
comply with City Code through the site review process.
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 access drive on the west side of
the lot, which is shared with the abutting property to the west, will remain unchanged and is
considered to be a safe access. The required 20-foot setback at the front (south) of the lot
provides adequate visibility for vehicles and pedestrians.
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 parking
area as proposed in the preliminary site plan meets the basic requirements of the Multi-family
Site Development Standards and the standards for off-street parking. The Site Plan Review
process will ensure compliance with all elements of the Code and any additional requirements
imposed by the Board through this process.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Provided that the proposed parking lot is well landscaped and screened, it does not appear to
conflict with the Comprehensive Plan which encourages the preservation of existing
neighborhoods and the provision of group living options for seniors. The screening and tree
preservation are strongly recommended to help preserve the residential character of Oakcrest
5
Street and the single-family neighborhood to the north. The availability of additional parking will
support Oaknoll's mission of providing group housing options for seniors. However staff is
concerned that a larger parking lot in this area would erode the residential character of this
neighborhood.
STAFF RECOMMENDATION:
Staff recommends that EXC06-00019, an application for to establish off-site parking in the RM-
44 Zone in order to provide additional parking spaces for Oaknoll Retirement Residence be
approved subject to the following conditions:
1. The 10-foot landscaped buffer at the front of the lot should contain a combination of S2
landscaping and masonry wall that complements the design of the adjacent Oaknoll
structured parking facility on Oakcrest and George Streets.
2. Landscaping to the S2 standard on the east and north sides of the parking lot and
preserving the establilshed oak tree on the north side of the lot.
3. The parking area be by permit only, for Oaknoll staff and employees only and should be
appropriately posted and monitored by Oaknoll.
4. Submission of a final site plan showing the required screening (as specified above),
preservation of the oak tree, and design and layout of the parking area in compliance
with the design and construction standards for off-street parking as listed in the code.
ATTACHMENTS:
1. Photos
2. Location map
3. Proposed Site Plan
4. Application materials
Approved by: ~pt-,
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Photo 1. Masonry wall surrounding the structured parking on the adjacent Oaknoll site on
George Street.
Photo 2. Established oak tree in the rear (north) setback of the property.
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Photo 3. View of the streetscape, 1116 Oakcrest Street.
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PROPOSED EVERGREEN
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PARKING:
EXISTING PARKING STALLS: 19
PROPOSED PARKING STALLS: 23
NOTE: PARKING LOT LIGHTING SHALL MEET CITY OF IOWA CITY
REQUIRMENTS AND WILL BE DOWNCAST AND SHIELDED.
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SCALE IN FEET
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Cedar RapIds, IA , Iowa City, IA , Des MoIne8, IA
Moline, IL , Bloomington, IL , Chicago, IL
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DATE
DRAWN
APPROVED
SITE PLAN
1116 OAKCREST ST
IOWA CITY, IA
9-7-06 SCALE 1"=;30'
JDM FIELD BOOK
REVISION
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PROJECT NO.
100285-2
SHEET NO.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: August 17,2006
PROPERTY PARCEL NO. 1016258003
PROPERTY ADDRESS: 11160akcrest
PROPERTY ZONE:
RM44
PROPERTY LOT SIZE: 13375 S.F.
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APPf;tlCANT:
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Name:
Oaknoll Christian Retirement Services
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Address: 701 Oaknoll Drive, Iowa City, Iowa 52246
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~:::; CONTACT PERSON:
(if other than applicant)
Phone:
319-351-1720
Name:
Patricia Heiden
Address: 701 Oaknoll Drive, Iowa City, Iowa 52246
Phone:
319-351-1720
PROPERTY OWNER:
(if other than applicant)
Name:
Pro erty is in escrow being urchased by
Address: Oaknoll Christian Retirement Services
Phone:
Specific Request Special Exception; Applicable Section(s) of the Zoning Chapter:
4
14-j5A:F~1 off-site parking in a residential zone.
Purpose for special exceptions: Provide for additional parking for Oaknoll Retirement
Residence use.
Date of previous application or appeal filed, if any: None
100258-2
-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. Lel!al description of property (attach separate sheet if necessary):
1"....;1
Lots 9 and 10 in a Subdivision of Lots 5 and 6, Part Four, Terrace Hill AddIfion to.llilva
City, Johnson County, Iowa according to the recorded plat thereof. ~O ~:::
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1.
2.
3.
4.
5.
Lot with dimensions;
North point and scale;
Existing and proposed structures with distances from property lines;
Abutting streets and alleys;
Surrounding land uses, including the location and record owner of each
property opposite or abutting the property in question.
Parking spaces and trees - existing and proposed.
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*Plot plan drawn to scale showing:
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*Submission of an 81/2" 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.
Specific Approval Criteria: In order to grant a special exception, the Board must
find that the requested special exception meets the specific approval criteria set
fourth 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
14-4B-4 of the Zoning Code. For others 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.
100258-2
-3-
D. General Approval 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 specific
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.
There are currently 19 parking spaces on the lot, although most do not meet the
dimensional criteria of the current zoning ordinance. The proposed parking lot
will accommodate 26 spaces; a net gain of seven spaces. Oakcrest Street is not a
heavily traveled collector street.
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.
The properties to the north are zoned RS5. The properties to the east, west and
south are zoned RM44.
Screening along the north property line will use landscape screening per the City
oflowa City S-3 standard. Screening along the east and south will follow the
landscape S-1 standard. An existing shared drive agreement with the property to
the west precludes screening/setback changes on the west.
A 20 foot front yard will be maintained on the south side. A 10 foot setback will
be used along both the north and east property lines.
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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Development of the parking lot should not affect development of s~ltljdin~:
properties. The adjacent properties are developed at the present time':; ~ &~
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Adequate utilities, access roads, drainage and/or necessary faciliti~~hav~
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Water, sewer and electrical utility usage will be reduced due to chan~ in us~
from apartment to parking. The area of hard surfacing parking will less then 0
present area of parking and roof surfaces.
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100258-2
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Access location to proposed parking area remains unchanged from the existing.
Landscaping provided in the front yard will be placed to not impede sight lines
from vehicles.
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 14-4B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
All applicable standards will be met. Specifically, lighting will be down cast and
shielded from adjacent properties per Iowa City requirements.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
Use is consistent with the comprehensive plan
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100258-2
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E. List the names and mailing addresses of the recorJDJ~~WPs b7 alf~J~p2.Qy located
within 300 feet of the exterior limits of the property in,vq~!e~inf~m- appeal:
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Parcel Number Property Address Mailing Name / Mailing Address
Deed Holder (if different)
1016281001 1014 Oakcrest St Terence H & Glenys 1911 Brown Deer Rd
Williams Coralville, IA 52241
1016258001 1100 Oakcrest St Hilo Management 2181 Brown Deer Rd
LLC Coralville, IA 52241
1016258002 1108 Oakcrest St George Jr & Carol 1430 Glendale Rd
Kondora Iowa City, IA 52245
1016258003 1116 Oakcrest St Forest Park Partners PO Box 1147
LLC Iowa City, IA 52244
1016258004 1124 Oakcrest St James & Carolyn' 8189 138tn St
Kacena Burlington, IA 52601
1016257003 1130 Oakcrest St Dave L & Sandra K 910 Applewood Ct #1
Clark Coralville, IA 52241
1016256001 1202 Oakcrest St Christian Retirement 701 Oaknoll Dr
Services Inc Iowa City, IA 52246
1016280009 1017 Tower Ct Sean J VanDorn, (same)
Charlotte S Ohlendorf
1016280007 1020 Tower Ct Bradley P Gilchrist (same)
1016280008 1021 Tower Ct Scott A Gordon (same)
1016251001 1024 Tower Ct Sarah L Kalsem (same)
1016253001 1025 Tower Ct Carole L Stockton 1355 Shannon Dr
Apt 119
Iowa City, IA 52246
1016251002 1100 Tower Ct Kim Behrendtsen, Ole (same)
Behrendtsen
1016253002 1101 Tower Ct Keene & Joan D (same)
Swett
1016251003 1104 Tower Ct Dan E & Fredine M (same)
Branson
1016253003 1105 Tower Ct Brian & Nancy Holt (same)
1016251004 1108 Tower Ct Donald E & Janis A (same)
Boenker
1016253004 1109 Tower Ct Gloria A & James N (same)
Marchman
1016251005 1112 Tower Ct K2 Rentals LLC 220 George St
Iowa City, IA 52246
1016253005 1113 Tower Ct J erod T Lyons, (same)
Rebecca A Lyons
1016251006 1116 Tower Ct Jennifer R Hill (same)
100258-2
-6-
Parcel Number Property Address Mailing Name / Mailing Address
Deed Holder (if different)
1016253006 1117 Tower Ct Summer M Johnson, (same)
Jay R Krueger
1016253007 1121 Tower Ct Jerry B & Judith A 21 George St
Musser Iowa City, IA 52246
1016253008 1125 Tower Ct Jerry B & Judith A 21 George St
Musser Iowa City, IA 52246
1016257001 612 George St Wagner Family Ltd 1035 Woodlawn Ave
Partnership clo Frank Iowa City, IA 52245
Wagner
1016257002 616 George St Elizabeth A Nolan, M 1025 Woodlawn Ave
Barbara Wagner et al Iowa City, IA 52245
1016260001 701 George St Charlotte R GoettIe 8 Thomas Dr
Eureka Springs, AR
72632-9724
1016254002 100 Grandview Ct Grandview Ct 1100 Old Marion Rd NE
#101 Condominiums LC Cedar Rapids, IA 52402
1016252001 City of Iowa City 410 E Washington St
Iowa City, IA 52240
1016259001 701 Oaknoll Dr Christian Retirement (same)
Services Inc
1016267011 1128 W Benton St Christian Retirement 701 Oaknoll Dr
Services Inc Iowa City, IA 52240
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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 ay other requirements which the Board deems appropriate under the
circumstances upon a finding that the conditions are necessary to fulfill the purpose and
intent 0 the Zoning Chapter. (Section 14-8C-2C-4, 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-
IE, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to the court of
record a petition for writ of certiorari duly verified, setting fourth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8CIF, City Code). Such petition shall b presented to the court within thirty (30)
days after he filing of the decision in the office of the City Clerk.
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Attachment Addressing Item "C" of the
Application to the Board of Adjustment
Special Exception for Off-site Parking
1116 Oak crest Avenue
Iowa City, Iowa
Oaknoll Christian Retirement Services
701 Oaknoll Drive
Iowa City, Iowa
The following items address the specific criteria for Special Exception to the off-street parking
and loading requirements in the Iowa City Zoning Code, Title 14, Chapter 5, Article A - 4
Minimum Parking Requirements:
F.I.a:
Special Location Plan: Provided in Application for special Exception
F.1.b:
Location of Off-site Parking:
(1) Off-site parking is within 300' of the entrance of the use served.
(2) Not applicable
F.I.c: Zoning: Off-site parking is within same RM44 zoning as the Oaknoll Retirement
Residence.
(subparagraphs (1), (2), (3), and (4) are not applicable
F.1.d:
Shared Use of Off-Site Parking:
Not Applicable
F.1.e:
Off-Site Parking Located in a Municipally-Owned Parking Facility:
Not Applicable
F.1.f:
Approval Criteria:
Pedestrian and vehicular safety:
A net gain of seven spaces will be added to the existing parking on the site as
currently developed. The entrance drive will be in the same location. Low
screening landscaping along the sidewalk and parking lot that might interfere with
driver sight lines will be located next to the parking and not near the sidewalk and
street. Thus it will not impair the visibility of drivers exiting the parking lot or
pedestrians on the sidewalk. The addition of the parking lot will reduce the on-
street parking demands of the Oaknoll staff.
100258-2
4
Attachment Addressing Item "C"
August 28, 2006
Page 2
Detrimental affects on adiacent property:
There have been no detrimental affects to adjacent properties identified.
Appearance of the streetscape as a consequence of the off-street parking:
The change to the streetscape due to the off-site parking will be to remove and
existing 3-story apartment building that is 76 feet wide and 42 feet deep. This
will provide more open space between the two adjacent apartment buildings.
Location of the entrance drive does not change.
The parking area will be screened from the street per Iowa City S 1 standards. In
addition the parking will be screened from the adjacent apartment to the east per
S 1 standards and from the residential properties to the north per S3 standards.
This is shown on the submitted plan.
The need for additional off-street parking:
Technically the Oaknoll Retirement Residence does meet the on-site parking
required by Iowa City Code. In 1981, a variance was granted that reduced the on-
site parking requirements for Oaknoll. Subsequent additions and modifications to
the residence have met Zoning Code parking requirements. The Final OPDH and
Major Site Plan submitted in October 2004 for the Benton and George Street
Addition summarized the parking requirements as follows:
Required parking:
City required parking spaces:
Pre-1983 original required (by 1981 variance) = 102 spaces (138 Apartments,
4 Duplex Units, and 9630 SF Infirmary)
1990 Addition = 10 spaces (1 0 Apartments)
1997 Addition = 14 spaces (14 Apartments)
2002 Long term Care Addition = 8 spaces (8 Apartments)
2004 Benton and George Street Addition = 52 spaces (52 Apartments)
Total required parking 186 spaces (188 provided)
The parking demands for the newest residents of Oaknoll have been higher than
in the past. The proposed off-site parking will address that demand. The lot will
be used for staff parking and tenant second car parking. This will reduce
employee demand for both on-street parking and on-site parking and thus provide
additional on-site spaces for residents and visitors. The additional parking will
also bring the total number of parking spaces for the Oaknoll Retirement
Residence more in line with the number of spaces that would have been required
had the 1981 variance not been granted.
100258-2
#
4
Attachment Addressing Item "C"
August 28, 2006
Page 3
F.1.g:
Covenant for Off-Site Parking: The property for the off-site parking will be
owned by Daknoll Christian Retirement Services and because it will not be under
separate ownership no written agreement has been submitted.
Additional information regarding parking lot use and control: The lot will be used 24 hours per
day including weekends. Staff demands are less at night but night staff will still use the lot.
Signs will be posted in the lot stating that the lot is for Oaknoll use only and that violator's
vehicles will be towed. Staff and residents with second cars assigned to the lot will be given
stickers for their vehicles and the use of the lot will be monitored.
100258-2
Page 1 of2
Sarah Walz
From: Eric J. Hendrickson [ehendrickson@shive-hattery.com]
Sent: Friday, September 01, 20064:05 PM
To: Sarah Walz
Cc: Gary L. Whitehill
Subject: RE: Oaknoll special exception parking demands
Sarah,
Below are the parking summaries for your consideration.
1. By the 1981 variance:
Total required parking: 186 vs.. 188 provided.
2. By current IC counts.
Apartments require: 199 spaces
48 long term care beds with 1 space per 3 beds equals 16 spaces.
Daytime staff at Long Term Care equals 20 spaces.
Total required parking estimated: 235 spaces vs.. 188 provided at present.
3. By Oaknoll parking demand self estimates.
Apartment assigned parking equals: 146 spaces.
Staff parking: 50 spaces
Visitor parking: 25 spaces
Total required parking estimated: 221 vs.. 188 provided at present.
4. Proposed parking at 1116 Oakcrest adds 26 spaces for a total of 214 spaces.
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City of Iowa City
MEMORANDUM
Date: September 8,2006
To: Board of Adjustment
From: Sarah Walz, Associate Planner
RE: APL06-00003 an appeal of an administrative interpretation of the provisions
in the Zoning Code governing accessory apartments.
In reviewing the document submitted by the applicant, it appears that this appeal is, at
least in part, attempting to address a legislative issue as opposed to an appeal of a
decision made by a City official. As a remedy, the appellant has suggested as a number
of textual changes to the Zoning Code. The Board has no authority to change the Zoning
Code nor to decide that the regulations contained in the Code are themselves in error.
While the appellant and others may disagree with certain regulations in the Zoning Code
with regard to accessory apartments, the issue before the Board is the legislative intent of
the Code as it was adopted in December 2005. That is, has the City misinterpreted or
misapplied the Code as it is currently written.
This appeal focuses primarily on the City's occupancy standard for accessory
apartments, which reads: "On properties that contain an accessory dwelling unit, the total
number of individuals that reside on the property (including principal and accessory units)
may not exceed the number allowed for one 'household,' as this term is defined in the
zoning district in which the property is located." (14-4C-2A-2c, page 205) The appellant
argues that accessory apartments should only be rented or occupied by members of the
immediate household or people directly participating in the household functions of the
primary residence.
In addition, the appeal raises a number of other challenges to the Code provisions related
to accessory apartments, including:
. The use of the term "temporary" in the general definition of the accessory
apartment. (14-4A-9A-1, page).
. Whether rental of an accessory apartment "contributes to the comfort,
convenience, or necessity of the principal use." (14-4C-1, page 204 and 14-4A-2,
page 146).
. Whether accessory apartments, as provided for and allowed in the Zoning Code,
units are consistent with single-family uses. (14-4C-1, page 204).
Ownership and Occupancy of Accessory Apartments (14-4C-2A)
Accessory apartments have been permitted in the RS-5 zone as well as in other single
family zones for nearly 20 years. Accessory apartments located within the principal
structure were first permitted in the Code in 1987. In 1998 the Code expanded the
regulations so that an accessory apartment could be established in an accessory
building, such as a garage. Until the recent Code re-write (adopted in December 2005)
accessory apartments were restricted such that either the owner or the renter had to be
September 7,2006
Page 2
disabled or elderly. Under the new Code, an accessory apartment may be rented to
persons without regard to age or ability (14-4C-2A, page 204). The Code has never
required that tenants and owner occupants be part of the same family, household or
housekeeping unit.
As was true under the old Code, accessory apartments continue to be restricted based
on a number of factors including ownership and occupancy. The current Code clearly
states that (14-4C-2A-2):
"the owner of the property must be a permanent resident of one of the
dwelling units, and the total number of people residing on a property
containing an accessory dwelling unit may not exceed the total number
[emphasis mine] allowed for one "household," as the term is defined in the
zoning district in which the property is located."
The general definition of "household" in the RS (residential single-family) Zones reads as
follows:
. One person; or
. 2 or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 1 unrelated person, occupying a
dwelling unit as a single housekeeping organization; or
· A group of not more than 3 persons unrelated by blood marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as defined in
this Title. (see page 395 of the Code for the definition of Group Household)
The applicant has interpreted the above general definition to mean that a renter of an
accessory apartment must be a member of the "housekeeping unit." However, the
restrictions on ownership and occupancy for accessory apartments refer only to the
"number" in the household definition, but not to the definition itself. That is, the people
residing on the property are not required to be a "single housekeeping organization" but
rather the total number of people may not exceed the number allowed in the household
as defined above. The reason the language was written this way was to ensure that the
same number of unrelated people could reside on the property regardless of whether or
not there is an accessory apartment.
Definition of Accessory Apartments (14-9A)
An accessory apartment is defined in the Code as "A temporary accessory dwelling unit
located within an owner occupied, single-family home or in an accessory building and
meeting the requirements of this title." (14-9A, page 388) This definition is identical to the
definition in the previous Code, which was established in 1987 and modified in 1998.
The appellant has interpreted the word "temporary" according to the temporary use
provisions listed in Section 14-4D of the Code. However, an accessory apartment is not a
temporary use, but rather an accessory use, and thus this Article does not apply. The
term "temporary" in the definition refers to the fact that the right to rent an accessory
apartment is not a permanent right granted to the property, but rather is dependent upon
September 7,2006
Page 3
the conditions listed in the Code enforced through the rental permitting process. In the
case of accessory apartments, the permit must be renewed every 2 years. Changes to
the property or to the household situation itself may preclude a permit being issued or
renewed.
Use Regulations
Accessory Uses
Chapter 4 of the Code provides detailed descriptions of all the use categories in the
Code. Under each use category, the chapter provides examples of common uses
associated with that category. Under the Household Living Use Category, the examples
listed in 14-4A-3A-3 (page 149) for accessory uses reads:
"Private recreational uses; storage buildings; parking for residents' vehicles. Home
occupations, accessory dwelling units, childcare homes, and bed and breakfast
facilities are accessory uses that are subject to additional regulations outlined in
article 14-4C, Accessory Uses and Buildings."1
The general approval criteria for accessory uses and buildings (listed in 14-4C) include a
standard stipulating that an accessory use must be "subordinate to the principal use of
the property and contribute to the comfort, convenience or necessity of occupants,
customers, or employees of the principal use" (14-4C-1, page 204). The appeal argues
that "commercially" rented accessory apartments (the appellant's term for apartments
rented to non-household members) may not be classified as accessory uses because
they do not meet this standard. The appellant argues that there is no nexus between an
accessory apartment unit and the principal residential use-that both units are principal
uses. In addition, the appellant has interpreted the terms comfort, convenience, and
necessity to exclude financial benefit, asserting that the Code does not expressly allow
accessory uses for the purpose of financial gain or contributing to the household budget.
Regardless of the appellant's opinion about accessory apartments, there is no ambiguity
in the Code as accessory apartments are listed as an accessory use and are expressly
allowed, provided that all the conditions listed in 14-4C-2A are met. (this section of the
code is attached). There is no condition in the Zoning Code restricting who may rent an
accessory apartment, other than that the owner must occupy one of the dwelling units. In
addition, the Code expressly allows a number of accessory uses in single-family
residential zones for the financial benefit the owner or occupant. 2 These include bed and
breakfasts, childcare homes, and home occupations (specific approval criteria for these
uses are listed in 14-4C-2).
The general approval criteria for accessory uses and buildings includes another standard
(14-4C-1 C) stipulating that an accessory use, building or structure must not "include
structures, structural features, or activities inconsistent with the uses to which they are
accessory." The appellant argues that accessory apartments located in separate
structures are inconsistent with the single-family use to which they are attached.
1 In addition under the Exceptions listed for Household Living Uses (14-4A-3A-4c, page 149), the Code reads "Single
Family Uses that contain accessory apartments are not considered a Two Family Use".
2 Note daycare homes and bed and breakfast require the owner to reside on the property.
September 7, 2006
Page 4
The Code defines residential use categories in section 14-4A-3 of the Code (beginning of
page 148, and attached to this report). Within the household use category, single-family
use is defined as "a Household Living Use where there is no more than one principal
dwelling unit per lot." (14-4A-3A-2b, page 149).
The purpose of the approval criteria listed in 14-4C-2 regulating the ownership,
occupancy, size, design and site requirements ensure that accessory apartments remain
accessory dwellings and do not become a second principal dwelling unit. As explained
above, accessory dwelling units are specifically listed as an accessory use to Household
Living Uses in the Code-single family uses are Household Living Uses (14-4A-3A-3 ,
page 149)-and thus accessory apartments do not conflict with the single-family use. The
specific approval criteria section for accessory apartments expressly states:
"Accessory apartments are permitted in the RS-5, RS-8, RS-12, RM-12, RM-20, and
RNS-20 zones in owner occupied Detached Single Family Dwellings and Detached
Zero Lot Line Dwellings and in buildings accessory to these same dwelling types. . ."
(14-4C-2A, page 204).
Legislative history of accessory apartment regulations in Iowa City
The summary listed on page 2 of the appeal states that changes related to accessory
apartments in the Zoning Code re-write were made with "relatively little notice to members of
the single family districts" and that there was "very low visibility of the fact that the City would
interpret that new multi-family configurations would be encouraged by enhanced use of an
obscurely drafted terminology of accessory uses." While public awareness or notification of
zoning changes are not issues over which the Board has discretion, the record will show
that the changes made to the accessory apartment regulations were part of an lengthy and
open, public process, that these changes were singled out as important changes, and a
concerted effort was made to bring these changes to the attention of Iowa City's single
family neighborhoods.
As is the case in many cities, accessory apartments are not a new idea. They have been
allowed as accessory uses to single family dwellings in Iowa City for many years (since
1987). The initial ordinance required the apartment to be located within the principal
structure. The property had to be owner-occupied and at least one person living on the
property (either within the principal dwelling or within the apartment) had to be elderly or
disabled. In 1998, prompted by a request from a private citizen, the ordinance was changed
to allow accessory apartments within detached accessory buildings, such as a garage.
The most recent changes to the accessory apartment regulations occurred during the
zoning code rewrite project, a three-year, public process that was completed in December of
2005 when the City Council cast its final vote to adopt the Code. Based on input from a
consultant hired to analyze Iowa City's zoning code and make recommendations for
improvements, several changes were made to the regulations for accessory apartments.
These proposed changes included clarifications regarding the maximum occupancy of a
property with an accessory apartment, an increase in the rate of inspections, and deletion of
the requirement that at least one person on the property has to be elderly or disabled. 3
3 In addition the final changes restricted the number of bedrooms within accessory apartment to one, reduced the maximum
size of accessory apartments located within principal dwelling units (from 800 to 650 sq. feet or 30 % of the total floor area of
the principal dwelling, whichever is less), and an expansion in the maximum size limits for those in accessory buildings (from
September 7,2006
Page 5
The changes to the accessory apartment regulations were first proposed in a preliminary
draft to the Planning and Zoning Commission in 2003, and were made with considerable
deliberation by the Planning and Zoning Commission and the City Council. A public review
draft of the Zoning Code was presented to the public in early March 2005. To make it easier
for the public to understand the changes being proposed in this admittedly large document,
a reviewer's guide accompanied the draft. In this reviewer's guide, the changes to the
accessory apartment regulations were specifically called out and explained in detail.
The period of public review lasted nine months, from March until December of 2005. During
this time, planning staff met with the Neighborhood Council on several occasions and all
neighborhood representatives, including the representative for Manville Heights, were
notified of available avenues for public input. The changes were highlighted on cable
television programs, on the radio, and in the newspaper. The public was invited to attend
three, 4-hour open house sessions where citizens could make suggestions for changes and
discuss issues of concern on a one-on-one basis with planning staff and Commissioners.
In addition, there were three public hearings before the Planning and Zoning Commission,
where additional public input was gathered and proposed amendments to the draft were
debated, including a request by the Longfellow Neighborhood Association to change the
proposed accessory apartment regulations-:-the Longfellow amendment would have
disallowed accessory apartments in the RS-5 and RS-8 zones and required some additional
restrictions on site standards. The Planning and Zoning Commission considered the
Longfellow request and decided against it, stating that they would like to see how the new
changes and enforcement mechanisms work before making further revisions to the code.
While it is unfortunate that the appellants were surprised by these changes in the Code,
there clearly was no hidden agenda on the part of the City and no lack of publiC notice or
public discussion.
STAFF RECOMMENDATION:
Staff finds that the legislative intent regarding accessory apartments is clear and that there
has been no error in categorizing "accessory apartments" as accessory uses allowed in
Single Family Zones, nor did the City make an error in interpreting the regulations regarding
the allowed occupancy on a property that contains an accessory apartment for the following
reasons:
. Accessory apartments are specifically listed in the Zoning Code as an example of
accessory uses typically associated with Household Living Uses. Single family
dwellings are specifically listed as Household Living Uses. (See 14-4A-3A, page148 )
. Subsection 14-4C-2A states in relevant part, "Accessory Apartments are permitted in
the RS-5, RS-8, RS-12, RM-12, RM-20, and RNS-20 Zones in owner-occupied
Detached Single Family Dwellings and Detached Zero Lot Line Dwellings and,in
buildings accessory to these same dwelling types, provided the following conditions
are met."
500 to 650 sq. feet or 50 % of the total floor area of the accessory building, whichever is less), and shortened the term for
rental permits for accessory apartments from 3 years to 2.
September 7,2006
Page 6
· The occupancy standard for accessory apartments is specifically provided for in the
zoning code. (See paragraph 14-4C-2A-2, page 204). The limit on the number of
unrelated persons allowed on a property is the same regardless of whether or not the
property contains an accessory apartment.
. Accessory uses often contribute to the financial benefit of owner-occupants of the
property. There are many examples of accessory uses allowed in the Zoning Code
in single family homes that are more clearly related to financial gain than accessory
apartments, such as daycare uses, bed and breakfast inns, and home occupations.
Thus, the financial benefit provided by accessory uses are compatible with the
requirement that the accessory use contribute to the "comfort, convenience, or
necessity of the principal use."
Therefore, staff recommends that AP06-00003, an application submitted by Jose Abreu,
et ai, appealing this interpretation be denied.
ATTACHMENTS:
1. Applicable Code Excerpt
2. Appeal materials
Approved by: ~.
Robert Miklo, Senior Planner
Department of Planning and Community Development
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APPLICATION TO THE
BOARD OF ADJUSTMENT
APPEAL
DATE:
PROPERTY ADDRESS:
PROPERTY PARCEL NO.
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PROPERTY ZONE:
PROPERTY LOT SIZE:
APPLICANT:
Name: ~~ \i~ ae ~~ ~~
Address:
Phone:
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CONTACT PERSON:
(if other than applicant)
Name:
Jose. A\be.r-~ Abr~
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PROPERTY OWNER: Name:
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Address:
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The Board of Adjustment is empowered to hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination made by the. City Manager or
designee in the enforcement of the Zoning Code or of any ordinance adopted pursuant thereto.
Please see 14-8C-3 in the Zoning Code for detailed information on the appeal procedure.
Planning staff are available to assist applicants with questions about the appeal process or
regulations and standards in the code.
Decision being appealed: The applicant all~s tXt an error has been made by th.e fO\t. ~
administrative official (list title) ~ a\f&\ P_ on (date) ~..J a
in enforcing the Zoning Ordinance in relation to the property listed above . Please indicate the
section of the Zoning ordi:lcecited in the official's decision:
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Purpose of the Appeal: The applicant wishes to challenge the above decision based on the
interpretation of the following section(s) of the Iowa City Zoning Ordinance. (This section of the
code mayor may not be different from the section cited in the decision being challenged.)
&1"1 tidt~cl.,f'A
Summary: In the space provided below, or on a separate sheet, summarize the basis for your
appeal referring to the code sections listed above and providing sound reason(s) for overturning
the decision. (Provide evidence demonstrating that the decision was based on an improper or
erroneous interpretation of the oning Code).
Remedy desired:
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Manville Heights Neighbors supporting appeal...
John Koza
Trisha Koza
Erik Rosenquist
Marilyn Rosenquist
Joe Cannon
Lynn Cannon
Frieda Rwnmelbart
Joyce Summerwill
Dick Swnmerwill
John Fieselman
Randee Fieselman
Linda Mordaunt
Dick Mordaunt
Aileen Leichty
Marge Hoppin
Dick Hoppin
George Bedell
Miriam Bedell
Anna Kangas
Lenny Kangas
Jose Fernandez
Ann Clark
Wayne Balmer
Nora Lee Balmer
Matt Spitzer
Sarah Hanley
Macolm Rohrbough
Eddie Rosenquist
Jose Abreu
Allison Abreu
Marlene Weaver
Bruce Gantz
Mary Gantz
Patricia J. Meier
Benjamin G. Chaukley
Bernardine Knight
Naftaly Stamer
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Application to the Board of Adjustment Appeal
Decision Being Appealed
The persons listed here appeal the interpretation of the building inspector and the zoning director
to allow commercially rented apartments as "accessory apartments" in RS-5 and other single
family zones. In particular, this concerns the proposed "rental use" of the apartment being built
at the back of 322 Mullin.
We are filing this appeal pursuant to 14-8C-3.
The question raised to the building inspector, housing director, and planning director was:
whether commercial apartments can be built as carriage houses in this RS-5 neighborhood.
In particular, the people in the neighborhood are concerned about the proposed use of the back of
322 Mullin as a rental apartment in what the neighborhood has long relied upon as single family
zoning.
On 6-21-2006, Director Karin Franklin provided the following interpretation:
Upon a more careful reading of 14-4C-2A(2)c and with the concurrence of Housing &
Inspection Services and the City Attorney's office, it is clear that more than one dwelling
unit was contemplated [14-4C-2A(2)a] in circumstances in which accessory apartments
exist and that the reference to the definition of "household" in (2)c is for the purpose of
determining the total number of persons permitted to reside on a property. Therefore, in
an RS-5 zone one may have an accessory apartment so long as all the standards of 14-4C-
2A are met and there is no more than one unrelated person living on the property.
Since those of us on the Zoning Code Interpretation Panel agree that there is no question
here, we will not be formally meeting; above is our interpretation.
Karin Franklin, Director, Dept. of Planning & Community Development
We respectfully request that the hearing on this appeal be scheduled not sooner than September
13,2006 so that the many appellants can have a chance to be present at this meeting.
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Purpose of the Appeal
To assure that accessory apartments built in RS-5 zones and the accessory structure on 322
Mullin Avenue not be allowed to be rented on a commercial basis. as an apartment.
Summary:
The zoning code was changed in December of last year with relatively little notice to members of
single family districts that previously grand-fathered-in, non-conforming, multi-family buildings,
such as duplexes and apartments would become accepted uses as of right under the new code.
There was also very low visibility of the fact that the City would interpret that new multi-family
configurations would be encouraged by enhanced use of an obscurely drafted terminology of
"accessory uses." Evidence of this low visibility is the fact that the only overall notice of uses
available is a small font chart on p. 6 of the Zoning code, which lists zones vertically in columns
and uses the terminology "P" and "Pr" to indicate that uses are permitted or provisional. This
chart does not even mention "accessory apartments," nor is there a correlative chart that does.
Hence, it came as a shock when the first applicant attempting to push the new zoning code to its
most profitable limits, tore down half of a wooded hill in order to build an apartment over a
garage on the back half of 322 Mullin.
We are confronted with a jumble of new terminology here of "accessory uses," "accessory
structures," "accessory buildings," perhaps even "accessory families," but we urge that the
zoning provisions be interpreted so as to maintain the single family character of existing built-up
single family neighborhoods.
The City has interpreted section 14-4C-2A(2)c to suggest that a second dwelling unit can be built
on an owner~occupied parcel for the purpose of commercial rental.
We believe that several other sections of the code contradict the City's present interpretation and
require instead an interpretation consonant with the remedy requested.
In particular,
One of the primary purposes identified in the Iowa Zoning Statutes is to conserve ~ prote~the
value of buildings. Section 414.3 of the Iowa Code. The Iowa City Zoning Ordin~ch~s
this purpose. )>) i- 11
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14-1A-3 Purpose ~:<! f~2 -...I ! 11
A. Generally: the provisions of this Title are intended to implement the City o;f~@a c:$.r's (:J
Comprehensive Plan in a manner that promotes the health, safety, order, co~OOien~
prosperity, and general welfare of the citizens of Iowa City. j>.c:-
B. Specifically: the provisions of this Title are specifically intended to: 0
1. Conserve and protect the value of property throughout the City
By allowing the construction of accessory apartments in neighborhoods that have already been
built-up upon reliance of historically permitted uses, this change will undoubtedly violate the
2
zoning statute's stated purpose by diminishing rather than protecting property values within the
affected neighborhoods.
1. 14-9A-l Definitions
ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an
owner occupied, single-family home or in an accessory building and meeting the
requirements of this title.
The limitations on this definition of temporary usage contradict the notion that the owner
occupant can rent out the additional dwelling unit as a commercially leased property. According
to section 14-4D-l, a temporary use regulation allows for uses that are truly temporary in nature
and will not adversely impact the surrounding area and only allows for uses which can be
terminated and removed immediately. This definition of "temporary" seems contradictory to the
contemplated long-term duration use of a rental apartment. Commercially leased properties are
not temporary in nature, but intended by the parties to run the full length of time of the lease.
Moreover, leased apartments will adversely affect the surrounding area, whether or not they are
in an accessory building..
14-4A-2 Classifying Uses
C. Accessory Uses: The code states that a use accessory to a principal use may in other
circumstances be considered a principal use. For example, a large business may provide an in-
house daycare for their employees (this would be considered an accessory use). However, a
daycare center not affiliated with another business or use on the property would be considered a
principal use.
While this code example is a business use, the description illustrates the intention that accessory
uses in the code "be for the comfort, convenience or necessity of the principle use," not simply
an additional money-making activity. In this example, the daycare is only labeled an accessory
use because of its close nexus relation to the principal business use and without such a
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relationship, would be considered a principal use in itself. Similarly, in a residential ~text, g
commercial tenants of an accessory apartment with no other social relationship to the~ipaL
dwelling owner should likewise NOT be considered an accessory use.)-> --I :=
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2. 14-4C-l ACCESSORY BUILDINGIUSE/STRUCTURE: A building, struct'5~ usil:
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1. A. Is subordinate to the principal use of the property and contributes to the c~fort, ~
convenience or necessity of occupants, customers, or employees of the principal use;
and
B. Is under the same ownership as the principal use or uses on the property; and
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Since an accessory apartment must be built in an Accessory Building (as defined in 14-9A-l), it
cannot be occupied unless its use "contributes to the comfort, convenience or necessity of
occupants, customers, or employees of the principal use." A commercial lease does not meet
3
this limitation unless the specific occupants of the accessory apartment are related to the
occupants of the primary residence in such a way as to advance their comfort, convenience or
necessity. The code does not say that accessory uses, buildings, or structures, can be used to
enhance their "financial gain."
In addition, by requiring that an accessory use contribute to "the comfort, convenience or
necessity" of the occupants of the principal use, this section supports the City's long-standing
previous interpretation that an accessory apartment was linked to the proviso under the former
code that there be elderly persons or caretakers involved. By deleting this tight limitation in the
new code, it broadens the use of accessory apartments to accommodate other types of integrated
living arrangements, but only as long as the occupancy of the accessory apartment is related to
the "comfort, convenience, or necessity" of the occupants of primary unit. The deletion of the
restriction should be read to allow additional interpersonal connections above and beyond
"elderly or caretaker," though still requiring the link by the language "contributing to the
comfort, convenience or necessity of the occupants... of the principal use."
By allowing a person with no familial or other relationship to occupy the accessory apartment,
the new interpretation of "accessory apartment" will not only contradict the neighborhood's
long-standing expectations, but will increase the degree of transiency within affected
neighborhoods, thus affecting surrounding property values. Persons within commercially rented
apartments tend to changeover on a yearly basis in Iowa City, but persons who enjoy a
relationship to each other based on comfort, convenience, or necessity engage in much more
long-standing and permanent relationships. Also, both this section's emphasis on the accessory
unit's contributions to the principal unit and the codes ban on apartments in general in single-
family zones support a relationship requirement amongst principal and accessory occupants in
order to eliminate the anticipated transiency created by unrelated occupants.
14- 4C-l ACCESSORY BUILDINGIUSE/STRUCTURE: A building, structure, or use which:
C. Does not include structures, structural features, or activities inconsistent with the uses to
which they are accessory;
Commercial apartment units are inconsistent with the single family use to which they are
accessory. This has been true since the U.S. Supreme Court acknowledged the abilities of cities
to make this distinction in their zoning ordinance in Euclid v. Ambler, 272 U.S. 365 (1926).
Since commercial apartment uses are inconsistent with single family residential use, if they were
built as stand-alone structures in backyards in single family districts, it makes little sense to
suggest that they are consistent when built in an accessory building. Does placing a commercial
apartment over a garage make it any less a commercial apartment?
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The City's pro-developer interpretation of the code is unlikely to result in more affofitable ~~
housing, but it will have a significant effect on destabilizing presently stable, built-~ ~
neighborhoods. ~) :.
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We have also been told by the City staff that commercial interpretations of accessory housing is
being done in the interest of providing more affordable housing in Iowa City. We think that the
Staffs interpretation of accessory housing is unlikely to produce any more "affordable housing"
in Iowa City, and that compared to several other more direct, and more obvious measures that the
City has not even considered, such as rent control, this means is likely to have an insignificant
effect on affordable housing prices in Iowa City, while having a very negative effect in
undermining neighborhood stability and vitality.
There is nothing in the new zoning code that cannot be interpreted consistently with preserving
the single family occupancy of single family zones. Furthermore, since the city's current
interpretation is such a radical departure from the historic and traditional understanding of single
family use zones, and since a more traditional interpretation is possible, the code should be
interpreted consonant with the citizens' and residents' traditional and reasonable expectations.
Remedy Desired:
We request that the term, "single family" district be interpreted as commonly understood by
persons of this community as a district composed entirely of lots of dwelling units in which all
the persons occupying all of the dwelling units on a particular lot conform with the most
restrictive definition of family in the code, rather than the most radical interpretation of the
language, given that the interpretation of the Zoning director would cause.
We request that 14-8B-I: ACCESSORY APARTMENT RENTAL PERMIT be interpreted to
require that one of the conditions, that must be established before a rental permit can be issued, is
that the occupants of the accessory dwelling share something other than a commercial
relationship to the occupants of the primary dwelling. That means that they be related as a
family member, or that they are specifically residing there for "the convenience, comfort, or
necessity" of the occupants of the primary unit, such as sharing household or caretaking chores
or a common living unit.
14-8B-l: ACCESSORY APARTMENT RENTAL PERMIT
2. APermit Required:
I. Prior to the establishment of any accessory apartment, the owner of the principal dwelling unit
must obtain a rental permit from the department of housing and inspection services. The permit
will be effective for two (2) years. At the end of every two (2) years, renewal of the accessory
apartment rental permit will be granted after completion of a routine housing inspection
verifying that the property remains the principal residence of the owner and that all of the
conditions of this section and approval criteria for accessory apartments.
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ADDITIONAL PROVISIONS of the Iowa City Zoning Code
14-9A-l ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within
an owner occupied, single-family home or in an accessory building and meeting the requirements
of this title.
14-4C-l ACCESSORY BUILDINGIUSE/STRUCTURE: A building, structure, or use which:
3. A. Is subordinate to the principal use of the property and contributes to the comfort,
convenience or necessity of occupants, customers, or employees of the principal use; and
B. Is under the same ownership as the principal use or uses on the property; and
C. Does not include structures, structural features, or activities inconsistent with the uses to
which they are accessory; and
D. Except for off-street parking located on a separate lot as approved through a special
exception, is located on the same lot as the principal use or uses to which it is accessory.
14-9A-l FAMILY: One person or two (2) or more persons related by blood, marriage, adoption
or placement by a governmental or social service agency, occupying a dwelling unit as a single
housekeeping organization. A "family" may also include the following:
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1. A. Two (2), but not more than two (2), persons not related by blood, marria@ or ::
adoption; or ~ 0 <-
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housin{~nd~nts ~
act of 1988, who are occupying a dwelling unit as a single housekeeping organizati~.~~ -.l ITl
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14-4A-3 b. Single-Family Uses: A "single-family use" is a household living use w~re therf]s
no more than one principal dwelling unit per lot. Single-family uses include the following
dwelling types:
1. (1) Detached single-family dwellings. Farm dwellings; detached single-family houses;
manufactured homes; modular homes; and mobile homes, if converted to real property
and taxed as a site built dwelling, as provided in the code of Iowa, as amended. (See
subsection A4, "Exceptions", of this section.)
3. Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles.
Home occupations, accessory dwelling units, childcare homes, and bed and breakfast facilities
are accessory uses that are subject to additional regulations outlined in chapter 4. article C,
"Accessory Uses And Buildings", of this title.
6
c. Single-family uses that contain accessory apartments are not considered a two-family use.
14-4C-l A.The accessory use is subordinate to the principal use of the property and contributes
to the comfort, convenience or necessity of occupants, customers, or employees of the principal
use;
1. B. The accessory use, building or structure is under the same ownership as the principal
use or uses on the property;
C.The accessory use, building or structure does not include structures, structural features, or
activities inconsistent with the uses to which they are accessory;
14-4C-2 A.Accessory Apartments: Accessory apartments are permitted in the RS-5, RS-8, RS-
12, RM-12, RM-20, and RNS-20 zones in owner occupied detached single-family dwellings and
detached zero lot line dwellings and in buildings accessory to these same dwelling types,
provided the following conditions are met:
1. 1. Permit Required: Prior to the establishment of any accessory apartment, the owner of
the principal dwelling unit must obtain a rental permit from the department of housing
and inspection services according to the applicable procedures set forth in chapter 8,
"Review And Approval Procedures", of this title.
2. Ownership And Occupancy:
a. The owner of the property on which an accessory apartment is located must occupy at least
one of the dwelling units on the premises as the permanent legal resident.
b. The accessory apartm~nt and the principal dwelling must be under the same ownership.
c. On properties that contain an accessory dwelling unit, the total number of individuals that
reside on the property (including both principal and accessory units) may not exceed the number
allowed for one "household", as this term is defined in the zoning district in which the property is
located.
3. Site Requirements:
a. Only one accessory apartment may be established per single-family lot.
b. In addition to the parking required for the principal dwelling unit, one off street parking space
is required for the accessory apartment.
c. The minimum lot area per unit requirement of the underlying base zone does not apply to an
accessory apartment, i.e., no additional lot area is required beyond that which is required for the
principal dwelling unit.
b. For an accessory apartment located within an accessory building, the floor area of the
accessory apartment may not exceed fifty percent (50%) of the total floor area of the accessory
building or six hundred fifty (650) square feet, whichever is less.
14-8B-l: ACCESSORY APARTMENT RENTAL PERMIT:
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1. A.Permit Required:
1. Prior to the establishment of any accessory apartment, the owner of the principal dwelling unit
must obtain a rental permit from the department of housing and inspection services. The permit
will be effective for two (2) years. At the end of every two (2) years, renewal of the accessory
apartment rental permit will be granted after completion of a routine housing inspection
verifying that the property remains the principal residence of the owner and that all of the
conditions of this section and approval criteria for accessory apartments set forth in chapter 4,
article C, "Accessory Uses And Buildings", of this title have been met.
2. No rental permit for an accessory apartment will be issued unless all the requirements and
standards for accessory apartments set forth in chapter 4, article C of this title have been met.
B.Submittal Requirements:
1. The owner shall file an application for a rental permit with the department of housing and
inspection services on application forms provided by said department.
2. Prior to issuance or renewal of an accessory apartment rental permit, the owner must submit a
notarized affidavit to the city, verifying owner occupancy.
3. Prior to the issuance of an accessory apartment rental permit, the owner shall file, in the office
of the county recorder, a declaration of covenants stating that the right to maintain an accessory
apartment ceases upon transfer of title, and that the right to maintain an accessory apartment in
no way constitutes approval of the dwelling as a duplex. The owner shall provide a copy of the
declaration to the department of housing and inspection services, or its successor, prior to the
issuance of the accessory apartment permit.
C.Approval Procedure: When all provisions of this section and approval criteria applicable to
accessory apartments set forth in chapter 4, article C of this title, and all applicable provisions of
title 17, "Building And Housing", of this code, are met, the department of housing and inspection
services will issue an accessory apartment rental permit upon payment of all permit and
inspection fees. (Ord. 05-4186, 12-15-2005)
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Title 14: Iowa City Zoning Code
14-4C
Accessory Uses and Buildings
Article C. Accessory Uses and Buildings
14-4C-1 General Approval Criteria
Accessory uses, buildings or other structures customarily incidental to and commonly associated
with a permitted use, provisional use or special exception are permitted, provided they are
operated and maintained according to the following sta~dards:
A. The accessory use is subordinate to the principal use of the property and contributes to
the comfort, convenience or necessity of occupants, customers, or employees of the
principal use;
B. The accessory use, building or structure is under the same ownership as the principal use
or uses on the property;
C. The accessory use, building or structure does not include structures, structural features, or
activities inconsistent with the uses to which they are accessory;
D. Except for off-street parking located on a separate lot as approved through a special
exception, the accessory use, building, or structure is located on the same lot as the
principal use or uses to which it is accessory; and
E. The accessory use, building, or structure conforms to the applicable base zone regulations
and to the specific approval criteria and development standards contained in this Article.
14-4C-2 Specific Approval Criteria
Any accessory uses listed in the following subsections must comply with the conditions listed.
As noted, some require special exception approval from the Board of Adjustment. If a ' .
regulation In the Base Zone Chapter conflicts with a regulation contained in this Article, the
regulation that Is more specific to the situation applies. When regulations are equally specific or
when it is unclear which regulation to apply, the more restrictive regulation will govern.
A. Accessory Apartments
Accessory Apartments are permitted in the RS-5, RS-8, RS-12, RM-12, RM-20, and RNS-20
zones in owner-occupied Detached Single Family Dwellings and Detached Zero Lot Line
Dwellings and in buildings accessory to these same dwelling types, provided ~he following
conditions are met: '
1. Permit Required
Prior to the establishment of any accessory apartment, the owner of the principal
dwelling unit must obtain a rental permit from the Department of Housing and
Inspection Services according to the applicable procedures set forth in Chapter 8 of
this Title, Review and Approval Procedures.
2. Ownership and Occupancy
a. The owner of the property on which an accessory apartment is located must
occupy at least one of the dwelling units on the premises as the permanent
legal resident.
b. The accessory apartment and the principal dwelling must be under the same
ownership.
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12/28/05
Title 14: Iowa City Zoning Code
14-4C
Accessory Uses and Buildings
c. On properties that contain an accessory dwelling unit, the total number of
individuals that reside on the property (including both principal and accessory
units) may not exceed the number allowed for one "household," as this term is
defined in the zoning district in which the property is located:
3. Site Requirements
a. Only one accessory apartment may be established per single family lot.
b. In addition to the parking required for the principal dwelling unit, one off-street
parking space is required for the accessory apartment.
c. The minimum lot area per unit requirement of the underlying base zone does
not apply to an accessory apartment, i.e. no additional lot area is required
beyond that which is required for the principal dwelling unit.
4. Design Requirements
a. The accessory apartment may be located within the principal dwelling or within
an accessory building.
b. The accessory apartment must be- a complete, separate dwelling unit that
functions independently from the principal single-family dwelling unit. It must
contain its own kitchen and bathroom facilities.
c. When located within the principal dwelling, the accessory apartment must be
designed so that the appearance of the building remains that of a single-family
residence. Any new entrances should face the side or rear yard of the building,
and any addition for an accessory apartment may not increase the floor area of
the original dwelling by more than 10 percent. Exterior finish materials, trim,
windows, and eaves must visually match the principal dwelling unit.
5. Apartment Size '
The accessory apartment must be clearly subordinate in area to the principal dwelling
unit or to the accessory building in which It is located. Accordingly, it must comply
with the following standards:
a. For an accessory apartment located within a principal dwelling unit, the floor
area of the accessory unit may not exceed 30 percent of the total floor area of
the principal dwelling, excluding the area of an attached garage, or 650 square
feet, whichever is less.
b. For an accessory apartment located within an accessory building, the floor area
of the accessory apartment may not exceed 50 percent of the total floor area of
the accessory building or 650 square feet, whichever is less.
c. The accessory apartment may contain no more than one bedroom.
Title /4: Iowa City Zoning Code
14-4A
Use Categories
CHAPTER 4. USE REGULATIONS
Article A. Use Categories
14-4A-l Purpose
This Article classifies land uses and activities into use categories on the basis of common
functional, product, or physical characteristics. The use categories provide a systematic basis for
assignment of present and future uses to zones. Certain use categories are broken down into
subgroups If further distinction is needed. The decision to permit, permit with provisions, or
allow by special exception a particular use or use category in the various zones is based on the
goals and policies of the Comprehensive Plan and the stated purposes of the base zones.
14-4A-2 Classifyin Uses
A. Use Characteristics.
1. Land uses are assigned to the use category that most closely describes the nature of
the principal use. A number of the most common uses are listed under the
"Examples" subsection for each use category. In some zones developments may
have more than one principal use. Developments may also have one or more
accessory uses. For uses not listed as examples, the following is a list of factors to be
considered when classifying a use into a particular category, and is also used to
determine whether the activities constitute principal uses or accessory uses:
a. The description of the use or activities in comparison to the stated
characteristics of each use category;
b. The intensity of the activity or use in comparison to the stated characteristics of
each use category;
c. The amountof site or floor area and equipment devoted to the use or activity;
d. The presence of and amount of sales from each use or activity;
e. The customer type for each use or activity. For example, do individual
. customers come to the site or does the firm primarily sell goods or ,services to
other firms?
f. The number of employees involved in the use or activity;
g. The hours of operation;
h. The building and site arrangement;
i. The type of vehicles used for the activity;
j. The number of vehicle trips generated by the use or activity;
k. How the use advertises Itself;
I. Whether the use or activity would be likely to be found independent of the other
activities on the site;
146
12/28/05
Title 14: Iowa City Zoning Code
14-4A
Use Categories
m. Whether the use is subordinate to and serves another use in the development;
n. Whether a use is subordinate in area, extent or purpose to the principal building
or use served;
o. Whether the use contributes to the comfort, convenience or necessity of
occupants, customers, or employees of a principal use; and
p. Any other relevant evidence regarding use or activity that would help to classify
a particular land use.
2. In cases where a specific use Is not listed as an example, the Director of Housing and
Inspection Services shall determine the appropriate category for a use based on the
factors listed in paragraph A1., above.
3. In cases of dispute, the Zoning Code Interpretation Panel will issue a written use
determination. Such determination may be appealed to the Board of Adjustment
according to the procedures outlined in Article 14-8C, Board of Adjustment Approval
Procedures. If an appeal is made, the Board of Adjustment shall determine whether
the City has made an error in classifying the subject use based on the facts in
evidence and the factors listed in paragraph A1., above.
4. Any use that cannot be clearly classified within an existing use category by the
procedures noted above is prohibited, unless incorporated into this Title by a Zoning
Code Text Amendment, the procedures for which are outlined in Article 14-80,
Planning and Zoning Commission Approval Procedures. A specific use that cannot be
classified into an existing use category shall not be listed as permitted, provisional, or
a special exception in any zone without first establishing a new use category within
this Article by Zoning Code Text Amendment.
B. Use of Examples
1. The "Examples" paragraph under each use category provides a list of examples of
speCific uses that are included in the use category. These lists may not be exhaustive
of all the specific uses that might be included in a use category.
2. The names of uses on the lists are generic. They are based on the common meaning
of the terms and not on what a speCific use may be called. For example, a use with
the business name "Wholesale Liquidators" that sells mostly to individual consumers,
would be included in the Sales-Oriented Reta!l category rather than the Wholesale
Sales category, because the actual activity on the site matches the description of the
Sales-Oriented Retail category.
C. Accessory Uses.
1. For reference purposes, a list of accessory uses commonly associated with a
particular use category is included under a paragraph entitled, "Accessory Uses."
Accessory uses and their associated regulations and requirements are addressed in
detail in Article 14-4C, Accessory Uses and Buildings.
2. A use that is accessory to a principal use in one instance may in other circumstances
be considered a principal use. For example a large business may provide an in-house
daycare center for employees. This daycare center would be considered an
accessory use. However, a daycare center would be considered a separate principal
use if it were not affiliated with another business or use on the property.
147
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Title 14: Iowa City Zoning Code
14-4A
Use Categories
D. Exceptions
Some of the use categories may contain an "Exceptions" paragraph. These paragraphs
provide a cross-reference for uses that may seem to be part of a particular category, but
which are explicitly classified into a different use category.
E. Prohibited Uses
Certain uses are specifically prohibited in the City of Iowa City, even though they may be
construed to be part of a particular use category. These uses are listed in a paragraph
entitled, "Prohibited," under the relevant use category. As noted in paragraph 14-4A-
2A( 4), above, some uses may also be prohibited because they cannot be clearly classified
within an existing use category by the procedures set forth in subsection 14-4A-2A.
F. Developments with Multiple Principal Uses
Developments with multiple principal uses will be categorized using the following rules:
1. When all of the principal uses of a development fall within one use category, then the
entire development is assigned to that use category. For example, a development
that contains a hairsalon, a drycleaners, and a photographic studio, would be
classified as Personal Service-Oriented Retail.
2. When the principal uses of a development fall within different use categories, each
principal use is classified into the applicable use category and each use is subject to
all applicable regulations for the use category. For example, a development that
contains a store that sells musical instruments and an architectural office would fall
into two different use categories: Sales-Oriented Retail and General Office.
3. Developments with multiple principal uses, such as shopping centers, shall
incorporate only those uses permitted or allowed as provisional or by special
exception in the underlying zone.
14-4A-3 Residential Use Categories
A. Household Living Uses
1. Characteristics
The residential occupancy of a dwelling unit by a single household or group
household. Each dwelling unit contains its own facilities for living, sleeping, cooking
and eating meals. Tenancy is arranged on a month-to-month basis, or for a longer
period.
2. Examples
Examples include uses from the subgroups listed below. The Single Family Uses are
further divided Into various dwelling types, because these dwelling types have distinct
dimensional and development standards based on the zone in which they are located.
Group Households, given that they are a type of "household" rather than a type of
dwelling, are permitted in any type of dwelling listed in the three other subgroups.
a. Group Households
Group Households include only the following specific uses: elder family homes,
elder group homes, and family care homes, all as defined in Article 14-9A,
General Definitions.
(
148
12/28/05
.
3.
I.
Title J 4: Iowa City Zoning Code
14-4A
Use Categories
4.
b. Single Family Uses
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
types.
(l) Detached Single Family Dwellings: Farm dwellings; detached single family
houses; manufactured homes; modular homes; and mobile homes, if
converted to real property and taxed as a site built dwelling, as provided in
the Code of Iowa, as amended. (See Exceptions, below).
(2) Detached Zero Lot Line Dwellings.
(3) Attached Single Family Dwellings. Attached zero-lot-line dwellings;
townhouse dwellings.
c. Two Family Uses
Two Family Uses are Household Living Uses in which there are two principal
dwelling units within a single building and both dwelling units are located on the
same lot. These uses are often referred to as duplexes.
d. Multi-Family Uses
Multi-Family Uses are Household Living Uses where there are three or more
principal dwellings units within a single building and all dwelling units within the
building are located on the same lot. These uses include apartments,
condominium apartments, elder apartments, assisted living apartments,
townhouse-style apartments and condominiums, efficiency apartments, and
dwelling units located within mixed-use buildings.
Accessory Uses
Private recreational uses; storage buildings; parking for residents' vehicles. Home
occupations, accessory dwelling units, childcare homes, and bed and breakfast
facilities are accessory uses that are subject to additional regulations outlined in
Article 14-4C, Accessory Uses and Buildings. '
Exceptions
a. Mobile homes located within manufactured housing parks approved through a
Planned Development process are considered Detached Single Family Dwellings,
regardless of whether they are converted to real property and taxed as site built
dwellings.
b. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings
approved through a Planned Development process are considered Single Family
Uses for purposes of this Title, even if they are located on one common lot and
sold as condominiums.
c. Single Family Uses that contain accessory apartments are not considered a Two
Family Use.
d. Mixed-use buildings containing dwelling units are always considered Multi-Family
Uses, regardless of the number of dwelling units within the building.
e. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
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14-4A
Use Categories
They are considered a form of temporary lodging and are classified as
Hospitality-Oriented Retail.
f. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
g. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
B. Group Living Uses
1. Characteristics
Group Living uses are characterized by the residential occupancy of a dwelling by a
group of people that do not meet the definition of a household or group household.
The size of the group is typically larger in size than the average size of a family or
household. Tenancy is arranged on a month-to-month basis, or for a longer period.
Group Living structures contain individual rooming units with private or shared
bathroom facilities and may also contain shared kitchen facilities, and/or common
dining and meeting areas for residents. The residents mayor may not receive any
combination of care, training, or treatment, but those receiving such services must
reside at the site.
2. Examples
Examples include uses from the three subgroups listed below.
a. Assisted Group Living
Group care facilities, including nursing and convalescent homes; assisted living
facilities.
b. Independent Group Living
Rooming houses; rooming house cooperatives.
c. Fraternal Group Living
Fraternities; sororities; monasteries; convents.
3. Accessory Uses
Recreational facilities; meeting rooms; associated offices; food preparation and dining
facilities; off-street parking for vehicles of the occupants and staff; storage facilities;
off-street loading areas.
4. Exceptions
a. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospitality-Oriented Retail.
b. Family care homes, elder group homes, and elder family homes are considered
Group Households and are classified as Household Living Uses.
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Use Categories
c. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
d. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
14-4A-4 Commercial Use Cate ories
A. Adult Business Uses
1. Characteristics
Any amusement or entertainment establishment, bookstore, massage establishment,
motion picture theater, video rental or sales establishment, or other similar use, in
which 25% or more of its floor area is customarily not open to the public generally
but only to one or more classes of the public excluding any minor by reason of age
under Chapter 7~8, obscenity, Code of Iowa, as amended.
2. Examples
Adult book stores; adult video stores; nightclubs featuring nude dancing.
3. Accessory Uses
Off-street parking.
4. Exceptions
Therapeutic massage is considered Personal Service-Oriented Retail.
B. Animal-Related Commercial Uses
1. Characteristics
Commercial services related to the temporary care, medical treatment, or cremation
of domestic animals. Uses are divided into two subgroups based on the intensity of
the use, outdoor activity on the site, and the potential for noise and odor related
externalities.
2. Examples
This category includes uses from the two subgroups listed below
a. Genera!. Veterinary clinics; animal grooming establishments; pet crematoriums.
b. Intensive: Kennels; stables.
3. Accessory Uses
Boarding facilities and pet crematoriums within veterinary clinics; overnight sleeping
accommodations for staff; parking; outdoor animal exercise areas associated with
kennels and stables
4. Exceptions
a. Pet and pet supply stores are classified as Sales-Oriented Retail.
b. Pet crematoriums may also be considered an accessory use to a mortuary or
funeral home.
i
\
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Use Categories
C. Commercial Recreational Uses
1. Characteristics
Commercial facilities used primarily for physical exercise, recreation, or culture.
Outdoor uses in this category are typically land-intensive uses that provide
continuous recreation or entertainment-oriented activities. They may take place in a
number of structures that are arranged together in an outdoor setting. Indoor uses
in this category may require larger indoor areas to accommodate equipment or
facilities for the proposed activity.
2. Examples
Examples include uses from the two subgroups listed below:
a. Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in
theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf
facilities; commercial amphitheaters; amusement parks; privately-owned active
sports facilities such as ball fields.
b. Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor
skating rinks; billiard halls; amusement arcades; indoor theaters; indoor play
parks.
3. Accessory Uses
Concessions; off-street parking; maintenance facilities.
4. Exceptions
a. Golf courses are considered Parks and Open Space.
b. Commercial art galleries are classified as Sales-Oriented Retail.
c. Private lodges and clubs are classified as Religious/Private Group Assembly.
d. Uses of a public, nonprofit, or charitable nature, such as community centers,
libraries and museums are considered Community Service.
e. Establishments featuring nude dancing are considered an Adult Business Use.
D. Commercial Parking Uses
1. Characteristics
Commercial parking facilities provide parking that is not accessory to a specific use. A
fee mayor may not be charged. A facility that provides both accessory parking for a
specific use and regular fee parking for people not connected to the use is also
classified as Commercial Parking.
2. Examples
Municipal parking facilities; short term and long term fee parking facilities;
commercial shuttle parking facilities; mixed parking lots (partially for a specific use,
partly for rent to others).
E. Eating and Drinking Establishments
1. Characteristics
Establishments where the principal activity is the dispensing and consumption of
prepared food and/or beverages. Depending on the type of establishment, food
and/or beverages may be consumed on or off of the premises. These uses may vary
with regard to traffic generation, congestion, and the potential for off-site impacts.
Therefore, the size, location, and accessory uses permitted may be regulated
152
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
AUGUST 9, 2006
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood,
MEMBERS ABSENT: Michael Wright
STAFF PRESENT: Robert Miklo, Sarah Holecek, Drew Westberg (planning intern)
OTHERS PRESENT: Mark Danielson, Tracy McWane, Lorena Lovetinsky
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:02.
CONSIDERATION OF THE JULY 12. 2006 BOARD MINUTES
MOTION: Alexander moved to accept the July 12, 2006minutes as submitted. Wood seconded the
motion. Motion passed 4:0.
SPECIAL EXCEPTIONS:
EXC06-00018 Discussion of an application submitted by Tracy and Scott McWane for a special exception
to allow a non-conforming roof-top sign to be reinstalled on property located in the Community
Commercial (CC2) zone at 526 S. Riverside Drive.
Westberg said the non-conforming roof-top sign for the Dairy Queen store located at 526 South Riverside
Drive was destroyed by the April 13 tornado. The sign was non-conforming in that the Zoning Code does
not permit roof-top signs because they are considered to be less safe.
Westberg stated that the owners, Tracy and Scott McWane, have rebuilt the Dairy Queen store and wish
to re-install a replica of the original sign on the building. City staff worked with the McWanes to try to find
a way to allow a reproduction of the sign to be installed on the property in compliance with current sign
regulations. However, a solution could not be found that would allow the large Dairy Queen sign and its
two freestanding neon cone signs originally located on the property.
Westberg said the CC-2 zone freestanding signs on lots with 160-300 feet of frontage to 2 signs. The
Dairy Queen property is approximately 185 feet and therefore subject to the constraint. There are also
provisions in the Zoning Code that allow alterations to existing nonconforming signs if they are located on
properties designated as Historic Landmarks, properties registered on the National Register of Historic
Places, or on properties located in a Historic or Conservation District. In this case the Dairy Queen sign
was completely destroyed, and neither the building nor its location fall into any of the historic categories.
Westberg said City Staff has proposed an amendment to the Zoning Code to provide for a special
exception to permit the repair or reconstruction of non-conforming signs that have been damaged or
destroyed by fire, explosion, act of God or by a public enemy if those signs are determined to be of
significant artistic, cultural, or nostalgic value to the community. Because this amendment is still under
review by the City Council, the granting of a special exception would be subject to the amendment's
adoption by City Council.
Westberg said the original sign was created for McWane's Dairy Queen sometime in the1950s at a
different location. When the business relocated to its current site in 1961, the McWane's brought the sign
from the previous building with them. The sign was designed specifically for the McWane store, and no
other Dairy Queen has ever displayed one like it. Because the franchise store is locally owned, the Dairy
Queen Corporation has allowed the McWane's to continue to display their unique sign.
Iowa City Board of Adjustment
August 9, 2006
Page 2 of 7
Westberg noted that while the original sign was never recovered after the storm, the applicants are
working with a sign manufacturer in Waterloo to fabricate a replica of the original sign based on historic
photographs of the store. Though it will be built of contemporary materials, the reconstructed sign is
intended to be otherwise identical in appearance to the original sign. He said the sign will be
reconstructed in a manner that will not be hazardous. The applicant has proposed mounting the sign on
the roof and affixing it to reinforced beams. Staff recommends that the sign be displayed over the canopy
roof, as it was before the tornado, subject to the approval of the Building Official to assure that the sign is
not hazardous. If the roof mounting is determined to be insufficient, from a safety standard, the Building
Official may require that the sign be affixed to external poles.
Westberg noted that because the building is set back nearly 60 feet from Riverside Drive there are no
issues with the Intersection Visibility Standards.
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Westberg said that requiring the sign to be affixed in a manner approved by
the Building Official should make it safer. The sign will be on top of the store building, which is set back
approxirpately 60 feet from the street, so there will be no glare, and it will not violate the Intersection
Visibility Standards in the code.
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. Westberg said the previous sign was displayed atop the building for more than 45 years
without complaint from area businesses or residences.
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. Westberg said the adjacent properties are zoned CC-2, which allows
for similar commercial uses.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Westberg said the property is accessed directly from Riverside Drive. All the required utilities
and services are provided.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. Westberg said there are two existing curb cuts serving
the Dairy Queen property.
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. Westberg said the applicants were not required to
make any updates to their parking lot as part of the building permit process for restoring the store
structure because they were not expanding the use or structure. However, the applicants have recently
repaved the entire parking area, including the southern third of the lot, which was previously gravel. The
Code states that "any portion of a nonconforming parking area that is reconstructed or expanded, must be
brought into conformance with all applicable construction, design, location, and screening and
landscaping requirements." While the applicants will be required by the Building Official to bring their
parking area into compliance with the current standards in the code regardless of the approval of this
special exception, Staff recommends that this special exception be subject to the applicants providing the
Building Official with a site plan for the parking area demonstrating all required elements for parking and
screening in compliance with the Code.
The proposed use will be consistent with the Comprehensive Plan, as amended. The
Comprehensive Plan encourages the preservation of Iowa City's cultural heritage. Replacement of the
Dairy Queen sign will help to preserve a property that is seen by many in the community as an icon of
recent history.
Staff recommends that EXC06-00018, a special exception to permit the reconstruction of a non-
conforming sign, be approved subject to the Building Official's determination of a safe and secure
mounting and subject to the submission to the Building Official of a site plan showing all required
Iowa City Board of Adjustment
August 9, 2006
Page 3 of 7
elements for bringing the parking area into conformance with the design and landscape screening
requirements in the Code.
Public Hearina Opened
Mark Danielson, Leff Law Firm, Iowa City, said they are thankful for the staff's efforts in helping them find
a solution for the reconstruction of the sign. He added he would be available to answer any questions
from the Board. No questions were asked.
Tracv McWane, 60 Regal Lane, said their sign was unique in the world. She noted the sign was custom
made. She said they found out from the University of Iowa, library that the store with its sign was on the
front cover of American Photo magazine. She said the sign means a lot to her and everyone else. She
said she works at the store and sees many parents coming with their kids, now students at the same
university as their parents, sharing how they used to eat ice-cream under the neon sign. She said the sign
was very special and many people in the community feel the same way.
Public Hearina Closed
MOTION: Alexander moved that EXC06-00018, a special exception to permit the reconstruction of
a non- conforming sign, be approved subject to the Building Official's determination of a safe and
secure mounting and subject to the submission to the Building Official of a site plan showing all
required elements for bring the parking area into conformance with the design and landscape
screening requirements in the Code. Wood seconded the motion.
Alexander would vote in favor. She said she loves these types of signs which add interest to the city's
landscape. She said that it is perfectly clear that the sign is part of the property's historic identity; it is
unique, designed specifically for the store. She noted that the replacement would use only safe materials
and with the provision that the building official is going to insure the sign will be safely mounted it should
not be a hazardous structure. She said the sign should not be detrimental to or endanger the public
health, safety, comfort or general welfare. Alexander said the sign does not violate intersection visibility
standards. It should not be injurious to the use and enjoyment of other property in the immediate vicinity
and will not substantially diminish or impair property values in the neighborhood. The sign would not
impede the normal and orderly development in the area. She noted that utilities and services are already
in place, the ingress and egress have been addressed, and it will conform to all applicable standards and
regulations of the zone in which is located.
Wood would vote in favor for the reasons already stated. He added that he really appreciates the service
brought to the city by the Dairy Queen.
Shelangouski would vote in favor for the reasons already stated.
Leigh would vote in favor for the reasons already stated.
The motion passed 3:0-(Wright Absent)
EXC06-00016 Discussion of an application submitted by Lorena Lovetinsky for a special exception to
reduce the required front yard adjacent to Village Road to allow a six foot high fence for property located
in the Low Density Single-Family Residential (RS-5) zone at 1208 Tyler Court.
Shelangouski refused herself because she lives in the neighborhood of the property.
Westberg said the subject property is a double fronting lot with two street frontages, one on Tyler Court
and one on Village Road. The Village Road frontage contains a fence that exceeds the 4-foot height
limitation for fences located in the front setback area. The existence of this illegal fence came to the
attention of the building official in January 2006, when a nearby property, a triple fronting lot that also
fronts Village Road, was cited for establishing an illegal fence (a fence higher than 4 feet) in the front
setback. The owner of that fence, inquired as to why a similar fence was allowed on another lot along
Village Road. Upon further investigation, the building official discovered the illegal fence at 1208 Tyler
Court and a citation was issued.
Iowa City Board of Adjustment
August 9, 2006
Page 4 of 7
Westberg stated that the applicant's fence is located approximately 4-5 feet from the public right-of-way
and the applicant is requesting a reduction of the front setback area along Village Road from 15 feet to 4
feet to allow the established fence to remain.
Westberg said that a special exception may be granted to reduce the setback if the applicant
demonstrates that the general approval criteria and the following specific approval criteria have been
satisfied:
1. The situation is peculiar to the property in question;
2. There is practical difficulty in complying with the setback requirements;
3. Granting the special exception will not be contrary to the purpose of the setback regulations; and
4. Any potential negative effects resulting from the setback exception are mitigated to the extent
practical.
5. The subject building will be located no closer than 3 feet to a side or rear property line, unless the
side or rear property line abuts the public right of way or permanent open space.
However, Westberg noted the applicant has failed to demonstrate the above criteria.
He said the situation is not peculiar to the property. Double fronting lots, while somewhat unusual in much
of Iowa City, are common to the Village Green subdivision in which this property is located. Most of the
lots fronting onto Village Road are double-fronting or corner lots with the Village Road frontage being the
secondary frontage.
In staffs view, there is no practical difficulty complying with the setback requirement. All other fences
along Village Road are in compliance with these standards, including a fence on a triple fronting lot on the
opposite side of Village Road from the applicant's property.
In staffs view the location of the 6-foot fence within the front setback is contrary to at least one aspect of
the setback regulation. The location of the fence does not reflect the general building scale and
placement of structures in Iowa City's neighborhoods nor in its immediate neighborhood. As previously
stated, other fences along Village Road are in compliance with the height and location standards in the
Code. .
Westberg said the Code restricts the height of fences along street frontages for both aesthetic and safety
purposes. While the applicant's fence is attractive and partially screened from view by vegetation, this
addresses only the aesthetic aspects of the fence regulation. The second purpose, public safety, is
intended to preserve the safety of public streets by creating a relationship between residential properties
and the street to allow some degree of sight that is not possible when a street is walled off by privacy
fences. The permitted 4-foot fence allows a degree of privacy as well as safety for the private property
owner without compromising the safety for pedestrians and others who use the public right-of-way.
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. In Staffs view, the proposed exception is detrimental to the public safety
and comfort and general welfare. While a single fence may not undermine the public safety, permitting an
exception for a 6-foot fence within the front setback in a subdivision where double fronting lots, like the
applicant's, are the norm, establishes an example for other property owners to follow. As stated earlier, at
least one property owner has already followed that example and was later required to reduce the height
of their fence to 4 feet.
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. In staffs view, the proposed exception is primarily injurious to the public right-of-way.
While this may not be immediately injurious to private property value, it does diminish the appearance of
the larger neighborhood and the public value for a safe and aesthetically appealing streetscape for the
reasons stated above.
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. Establishment of the specific proposed exception will set an example
Iowa City Board of Adjustment
August 9, 2006
Page 5 of 7
for the surrounding double and triple fronting lots, which may lead other property owners to believe that
such a fence is legal.
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 subject property is in compliance with all other
setback regulations of the zone.
The proposed use will be consistent with the Comprehensive Plan, as amended. Double-fronting
lots are discouraged during the platting process for new subdivisions, and, when double-fronting lots are
the only option, they are required to have landscape screening in lieu of fences.
Staff recommends that EXC06-00016, an application to reduce the required front setback from 15 feet to
4 feet in order to maintain a 6-foot high fence be denied.
Public Hearina Opened
Lorena Lovetinskv, 1208 Tyler Court, said there has been a 6-foot fence on the property for 23 years. She
said she has just replaced the existing 6 foot fence, not built a new one. She added that there have been
no complains from the neighbors in regard to the fence.
Lovetinsky said the fence is not located in the front yard, but in her back yard. She added that her front
yard is wide open for anyone to look at it if wanted, but she wishes privacy in her backyard. She said that
she should be afforded the privacy of her backyard.
Liegh asked if the property owner could use landscaping in combination with a shorter fence to provide a
degree of privacy in the backyard.
She noted that she does not understand how the 6 foot fence represents a safety issue to pedestrians.
Miklo said the tall fence provides a hiding place for people who could possibly accost someone on the
street. In addition, he said that several police departments country wide recommend against privacy
fences because they block views into a property and make it easier for someone to break into a house.
He clarified that it is a visibility issue in terms of pedestrians' safety. Lovetinsky replied that if privacy
fences present visibility issues she should be required to take her lilac shrubs too. Miklo clarified that the
Code allows shrubs because they allow a degree of visibility that the fence does not allow.
Lovetinsky said she just wants privacy in her backyard. She noted the 6 foot fence was already installed
when they moved in.
Answering a question posted by Alexander,Holececk said that if the previous fence was legally non-
conforming it could be maintained, but not be replaced with a non-conforming fence. Lovetinsky said she
would not have replaced the fence if she knew that it would not be grandfathered in.
Public Hearina Closed
MOTION: Wood moved that EXC06-00016, an application to reduce the required front setback from
15 feet to 4 feet in order to maintain a 6-foot high fence be approved. Alexander seconded the
motion.
Wood said that he went through a similar situation with his property. He said, the regulations are in place
for a purpose even when they don't seem to apply directly and I don't see enough here to feel that they
can be ignored or overturned. He said the fence is immediately visible when turning onto Village Road
and that safety was a concern.
Alexander said, the situation is not peculiar and does not place a practical difficulty. There are other lots
like this that are complying with the Code and we run a real problem when exceptions are made on things
like this because then its very difficult to tell other people they can't do the same thing. She said doing
that would put the City in that difficult position. She said the specific standards are not met. The notion
behind this is that it can be injurious to the use and enjoyment of the property and it could impair property
values because of the difference in appearance as this particular property isn't going to be the same as
Iowa City Board of Adjustment
August 9, 2006
Page 6 of 7
the others around it. She said that it also does set an example for surrounding double and triple fronting
lots which could lead other owners to venture into the same problem and end up in the same situation.
She said, for those reasons she was going to have to vote against this.
Leigh said, this isn't peculiar only to the Village Green area. She said the area between Bloomington
Street and Rochester Street, between Davenport Street and Burlington Street have this same situation.
People in this area would love to be able to fence their backyards but they can't and to make this
exception for you is unfair in not making an exception for other people.
Motion denied 0:3.
OTHER
Alexander asked for an update in the case of the columbarium. Holececk said there was no appeal to the
Board's approval of the columbarium. Holececk stated that the prior case is pending but could be
considered mute since the Board had granted the special exception under the new zoning ordinance.
Holececk said that the Shelter House appeal was fully briefed and is pending before the Iowa Supreme
Court. She noted she believes the case was screened by the court but yet not assigned.
ADJOURNMENT
The meeting adjourned at 5:55 P.M.
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