HomeMy WebLinkAbout10-04-2006 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, October 4, 2006 - 5:00 PM
(NOTE CHANGE OF LOCATION)
Iowa City/Johnson Senior Center
Room G1, Mezzanine 2
28 S. Linn Street
Iowa City, Iowa
A. Call to Order
B. Roll Call
C. Consider the September 13, 2006 Minutes
D. Appeal:
APL06-00003: Discussion of an application from J. Alberto 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, Lance Lichtor, Sarah Hanley, Malcolm
Rohrbough, Eddie Rosenquist, Marlene Weaver, Bruce and Mary Gantz, Patricia
Meier, Benjamin Chaukley, Bernardine Knight, and Naftaly Stramer for an appeal of
the Building Official's decision pertaining to the regulation of accessory apartments.
E. Special Exceptions:
1. EXC06-00021 Discussion of an application submitted by Romy Bolton and Julia
Moffitt for a special exception to allow a reduction of the required front yard
setback for property located in the Low Density Single-family (RS-5) zone at 302
W. Park Rd.
2. EXC06-00022 Discussion of an application submitted by First American Bank for
a special exception to allow a bank drive-through for property located in the
Community Commercial (CC2) zone at Hawk Ridge Drive and Highway 1.
F. Other
G. Board of Adjustment Information
H. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING -November 8, 2006
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City of Iowa City
MEMORANDUM
Date: September 29, 2006
To: Board of Adjustment
From: Sarah Walz, Associate Planner
RE: October 4 Board of Adjustment
This memo is to remind you that the meeting location for our RESCHEDULED Board of
Adjustment has changed. The meeting will be held in Room G1, Mezzanine 2 of the
Senior Center, 28 S. Linn Street (see map). There will be signs posted to direct you to the
room. The meeting will start at 5 p.m. as usual.
Also, the first item on our agenda this month is an appeal that was deferred from last
month. I have provided a duplicate copy of the memo and appeal information from last
month in the event that any of you recycled the September packet. All of the information
on the appeal is identical to what you received last month.
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 14-40 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 PARCEL NO.
PROPERTY ADDRESS: ~2.2.. Mu \\\h Ave.-- .
PROPERTY ZONE: PROPERTY LOT SIZE:
APPLICANT:
Name: C})ep./ ti~ ae ~S ~~
Address:
Phone:
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CONTACT PERSON:
(if other than applicant)
Jose.- AI bex-+-o Abr~
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339-4552.
Name:
Addres~
Phone:
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PROPERTY OWNER: Name:
(if other than applicant)
Address:
Phone:
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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 the fO~Wi~
administrative official (list title) 6ee"tt\t~ ~_ on (date) ~ ~ t?lc
in enforcing the Zoning Ordinance in relation to the property listed above . Please indicate the
section of the Zoning ordi:Ace cited 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.)
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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 Rummelhart
Joyce Summerwill
Dick Summerwill
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 ofthe primary purposes identified in the Iowa Zoning Statutes is to conserve 'E9 proteghhe
value of buildings. Section 414.3 of the Iowa Code. The Iowa City Zoning Ordin~ch9'~s
this purpose. > _ _; ~ -1l
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14-1A-3 Purpose ~<i ;~-_: --' III
A. Generally: the provisions of this Title are intended to implement the City ot~<ffia cIiSr's i,: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 1"','
relationship, would be considered a principal use in itself. Similarly, in a residential ~text, ~
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 F=
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2. 14-4C-l ACCESSORY BUILDINGIUSE/STRUCTURE: A building, struct~a;!r u~
which: 5 >" ..
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-1), 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-1 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 affo!f!able ~~
housing, but it will have a significant effect on destabilizing presently stable, built-~ C?
neighborhoods. ~~ _H
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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
Staff s 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-l : ACCESSORY AP AR TMENT 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. 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.
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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 ;2: 0 <-
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housin{~~ndr&nts 11
act of 1988, who are occupying a dwelling unit as a single housekeeping organizati~.~) -.J iT1
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14-4A-3 b. Single-Family Uses: A "single-family use" is a household living use wfffire therfis
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 AThe 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 AAccessory 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 ofthe
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 I4: Iowa City Zoning Code
14-4C
Accessory Uses and Buildings
Article C. Accessory Uses and Buildings
14-4C-1 General Ap roval 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 standards:
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-S, 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. 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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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 14: 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 ofthe 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 amount of 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;
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Title 14: Iowa City Zoning Code
14-4A
Use Categories
m. Whether the use is subordinate to and serves another use in the development;
R. 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 Retail 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.
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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 hair salon, 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.
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3.
Title 14: 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.
(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 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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14-4A
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. General: 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.
151
12/28/05
Title J 4: Iowa City Zoning Code
14-4A
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
12/28/05
STAFF REPORT
To: Board of Adjustment
Item: EXC06-00021 Park Road & Beldon Avenue
Prepared by: Sarah Walz
Date: October 4, 2006
GENERAL INFORMATION:
Applicant:
Romy Bolton and Julia Moffit
302 W. Park Road
319-351-2266
Requested Action:
Approval of a special exception to
reduce the required front yard
setback along Beldon Avenue from
15 feet to 6 feet.
Purpose:
To remove an existing carport and
addition set 2 feet from the property
line and to construct a new addition
set 6 feet from the property line.
Location:
302 W. Park Road
Size:
96 x 160
Existing Land Use and Zoning:
Residential (RS-5)
North: Residential (RS-5)
South: Public (P2)
East: Residential (RS-5)
West: Residential (RS-5)
Surrounding Land Use and Zoning:
Applicable code sections:
Specific criteria for adjustments to
the principal building setback
requirements, 14-2A-4B-5; purpose
of the minimum setback requirement
14-2A-4B-1; general criteria for
special exceptions, 14-4B-3
File Date:
September 12, 2006
BACKGROUND INFORMATION:
The property at issue is located in the RS-5 zone at the corner of W. Park Road and Beldon
Avenue. As a corner lot, the property is required to provide a minimum 15-foot front setback
along both the Beldon Avenue and Park Road frontages. The existing house is located just 2 feet
from the property line along the Beldon Avenue right-of-way, making it a nonconforming structure.
2
According to the Iowa City Zoning Code, a nonconforming structure may be enlarged, provided
the enlargement does not increase the nonconformity. The applicants are proposing to tear
down the portion of the house that sits within the setback along the Beldon frontage--east of
the original Cape Cod roof line. This includes a carport (at the front) and garage that was
converted into part of the house. The applicants would then replace this non-conforming
portion of the house with a new one-story addition. The proposed new addition would be set
back 6 feet from the Beldon right-of-way line-4 feet further than the current non-conforming
structure, but still within the required 15 foot minimum setback.
Because the applicants have proposed tearing down the current non-conforming structure
and replacing it with another non-conforming structure, and because the new addition will
require new footings, the Building Official has determined that the proposed new addition
requires a special exception. While the new addition would be set back 4 feet further from the
property line than the current structure, the proposed site plan shows that the addition will
also extend 2 feet further north from the current footprint of the house.
The applicants have proposed to remove the driveway access at the front of the property
(entering just 10 feet off the intersection of Park Road and Beldon Avenue), and a garage will
be built at the back of the lot with a driveway off Beldon Avenue. As indicated in their
application, the applicants originally sought to locate the new garage closer than the 25-foot
minimum required by the code for garages that face onto a street. However, while the code
allows a special exception to reduce the garage setback, there is no provision to reduce the
25-foot driveway requirement in the code. The applicants are now considering turning the
garage to face the rear of the property, which would require only a 15-foot setback, and
having a curved driveway off Beldon.
ANAL YSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the City, and to encourage the
most appropriate use of land. It is the intent of the Ordinance to permit the full use and
enjoyment of property in a manner that does not intrude upon adjacent property. The Board may
grant the requested special exception if the requested action is found to be in accordance with
the regulations found in Section 14-2A-4B-5 (page 11-12), pertaining to setback adjustments
and the general standards for special exceptions as set forth in Section 14-4B-3.
Specific Standards: Section 14-2A-4B-5 Adjustments to the Principal Building Setback
Requirements
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
The Zoning Code strictly regulates the enlargement of non-conforming structures
(14-4E-6A-1, page 228): II a non-conforming structure may be structurally altered or enlarged,
provided it is structurally altered or enlarged in a way that will not increase or extend its
nonconformity."
The applicant could add on to another part of the house or could simply make improvements
within the current non-conforming portion of the house, however neither of these options would
require them to remove the old non-conforming portion of the house. Instead, the applicant has
proposed to create a new structural addition within the basic footprint of the existing structure
and enlarge the established setback from 2 to 6 feet. While the present site plan shows the
3
house extending two feet further to the north, within the setback, Staff believes that the net
effect reduces the overall non-conformance of the property.
This situation is somewhat unusual because the request to reduce the required setback from 15
feet to 6 feet will have the actual effect of increasing the established setback from 2 feet to 6
feet.
A special exception may be granted to reduce the principal building setback if the applicant of a
property demonstrates that the general special exception approval criteria and the following
specific approval criteria have been satisfied:
1. The situation is peculiar to the property. Staff finds that the situation is peculiar to the
property in question. While other properties along the Beldon Avenue frontage comply
with the current 15-foot setback standard, the applicant's property is set just 2 feet from
the street right-of-way line. While the original portion of the house is not within the
setback, a considerable portion of an established addition and carport are within the
setback. Moreover, the driveway access, which is located just 10 feet from the Park
Road intersection, does not meet current access management standards in the code,
which require the access point to be set back 20 feet from the intersection.
2. There is practical difficulty in complying with the setback standards. Given that the
current structure is established well within the required setback, it would be practically
difficult bring it into compliance with the code. The applicant could make improvements
within the current structure or create an addition to another portion of the house, but
neither option would require that they remove the old non-conforming portion of the
house.
Instead, the applicant has proposed an improved structure within the basic footprint of
the existing structure. The new structure would in effect reduce the overall non-
conformity by setting the house 4 feet further back from the street right-of-way line.
While the present site plan shows the house extending two feet further to the north,
within the setback, Staff believes that the net effect reduces the overall non-
conformance of the property.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations.
The purpose of the setback requirement is to:
. Maintain light, air, separation for fire protection, and access for firefighting;
. Provide opportunities for privacy between dwellings;
. Reflect the general building scale and placement of structures in the City's
neighborhoods and commercial areas;
. Promote a reasonable physical relationship between buildings and between
residences; and
. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
Because the setback at issue is along a street right-of-way rather than a side property
line, there is no reduction in the separation required to maintain light, air, and access
for fire protection and firefighting, nor does the reduced setback diminish privacy for
the subject property or adjacent properties. The applicants' proposed changes to the
property will bring the house into better conformity with the setback requirements in the
4
code and more closely reflect the setbacks already established along the Beldon
Avenue frontage.
4. The negative impacts of the special exception are mitigated by the fact that the
addition will actually be in closer compliance with the setback requirement by increasing
the setback from its present 2 feet to 6 feet. In other words, the special exception to
reduce the required setback from 15 feet to six will have the actual effect of increasing the
established setback from 2 to 6 feet. Moreover, the applicant has proposed removing the
non-conforming front driveway and the new addition to the house will be in compliance
with all other building code requirements and will complement the architecture of the
original Cape Cod portion of the house.
General Standards: 14-48-3, Special Exception Review Requirements
The applicant's comments regarding each of the general standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or welfare for the reasons cited in response to the specific criteria above:
. The proposed addition will be setback 4 feet further than the current structure-the
setback would increase from 2 feet to 6 feet.
. The applicant will remove the non-conforming driveway location, improving safe vehicle
access to and from the property.
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.
Because the proposed addition will reduce the overall non-conformity of the structure and
increase the setback from 2 feet to 6 feet, the proposed special exception will not be injurious to
the use and enjoyment of other property in the immediate vicinity. Staff believes the proposed
addition will improve the overall aesthetic character of the house by creating an addition that is
in keeping with the Cape Cod design of the original structure.
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 properties are currently developed. The increased setback created by the new
addition will provide the necessary space for sidewalks along Beldon Avenue, if the City or the
neighborhood should desire to construct them in the future.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All necessary utilities, access roads, drainage and/or necessary facilities are in place.
5
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 proposed site plan for the property includes removal of a non-conforming and potentially
unsafe driveway access point, which will create safer ingress and egress for the property.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
All other aspects of this special exception conform to the regulations in the code. At the time
that a building permit is issued, the applicant will need to demonstrate compliance with all other
code requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan encourages maintaining and improving the safety and conformity of
all housing and promotes the preservation and integrity of existing single-family neighborhoods.
STAFF RECOMMENDATION:
Staff recommends that EXC06-00021, an application to allow a reduction of the required
principal building setback for property located in the Low Density Single-family (RS-5) zone at
302 W. Park Road from 15 feet to 6 feet be approved subject to general conformity with the
submitted site plan and removal of the driveway access at the front of the property.
ATTACHMENTS:
1. Location map
2. Proposed Site Plan
3. Application materials
Approved by: ..r" /~ ~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE:
91t2- / IUJ(){, PROPERTY PARCEL NO.
PROPERTY ADDRESS: 302. \N ;:>,41." 2~
PROPERTY ZONE:
PROPERTY LOT SIZE:
APPLICANT: Name: ~t)....'f g.l~ i- j ""L... Mo~hTt
Address: 30"2- W fOot' k... U
Phone: "3 Ie:; - ~S-I- 2 z(,. I-
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CONTACT PERSON: Name: ~:": ~.-'
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PROPERTY OWNER: Name: Kol't1\ y 'B, I h~ \0- j", \( "' M",.p'1- t
(if other than applicant) ~o2 W p~ I"k.. R.,{
Address:
Phone: , I~- 55"1 - 1- 2..G, (.
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Specific Requested Special Exception; Applicable Section{s) of the Zoning Chapter:
Purpose for special exception:
Date of previous application or appeal filed, if any:
-2-
Please see 14-8C-2 in the Code for more detailed information on special exception
application and approval procedures. Planning staff are available to assist applicants with
questions about the application process or regulations and standards in the Zoning Code.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal descriotion of property (attach separate sheet if necessary):
B. "'Plot olan drawn to scale showing:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including the location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
"'Submission of an 8 Yz" x 11 II 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.
Soecific Aooroval Criteria: In order to grant a special exception, the Board must find
that the requested special exception meets the specific approval criteria set forth
within the zoning code with respect to the proposed exception. In the space
provided below or on an attached sheet, address the areas of Board review that
apply to the specific requested special exception. The applicant is required to
present specific information, not just opinions, that demonstrate that the requested
special exception meets each of the specific approval criteria listed in the Zoning
Code. (Specific approval criteria for uses listed as special exceptions in the base zone are
set forth in 1448-4 of the Zoning Code. For other types of special exceptions - modifications
to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the
Code. Planning staff is available to assist you in finding the relevant approval criteria for
your requested exception.) Attach additional sheet if necessary.
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WSTEVEN C. ANDERSON
ATTORNEY AT LAw, P.L.C.
568 Highway 1 West
Iowa City/ Iowa 52246
www.scalaw.net
Phone 319-351-8600
Fax 319-351-8605
Steve@scalaw.net
January 30, 2006
FINAL TITLE OPINION
BY FAX TRANSMISSION
319/341-2123
University of Iowa
Community Credit Union
Attn: Nancy Jones
825 Mormon Trek Blvd.
Iowa City, IA 52246
RE: Bolton / Moffit Purchase of 302 W. Park Road, Iowa City, IA
Dear Nancy:
At your request I have examined Security Abstract Company abstract oftitle
number 89395, consisting of27 entries and showing the title from the Root of Title to
January 19, 2006 at 5:30 P.M., Security Abstract Company certificate number 89773, to
the following-described real estate located in Johnson County, Iowa:
Lot One (1) and the East Half of Lot Two (2) in Block G, Black's Park
Addition to Iowa City, Iowa, according to the recorded plat thereof
appearing in Plat Book 2, Page 38 in the Recorder's Office of Johnson
County, Iowa.
Also commencing at the Northeast corner of Lot One (1) in Block G,
Black's Park Addition to Iowa City, Iowa, thence North 10 feet,
thence West to a point 10 feet North of the West line of the East one-
half of Lot Two (2), thence East to the point of beginning.
and I give you this final title opinion thereon.
I find said abstract oftitle shows good and merchantable title to said premises in
Romy S. Bolton and Julia A. Moffitt, single persons, as joint tenants with full rights of
survivorship, and not as tenants in common, pursuant to a Trustee Warranty Deed
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Introductory Statement
We purchased this home in December, 2005. The property had been a rental for a significant
period of time and as such had only the most basic maintenance necessities addressed. It is a very
nice "story and a half" Cape Cod style structure built in 1945 with the core section of the house
completely in keeping with the themes of our Manville Heights neighborhood. However, currently
there is a carport in the front of the house that is very unsightly and an attached family room that
used to be and still looks like a single car garage. Everyone knows the "house with the carport" on
Park Rd. The family room/garage is attached to the core portion of the house with a flat roof that
provides exceptionally low ceiling inside the house and is just generally unattractive and not in
keeping with the neighborhood.
Our goals from the time we purchased the house in December were to first, improve the look
and function of our house and second, add a garage that would still allow us to use Beldon St for
entry and exit.
As we explored the improvements we wanted to make to our home, we learned that there was
an issue with the required setback. Although our house was in keeping with the existing setbacks in
the neighborhood, a sizeable portion was already outside the setback. In fact, the current required
setback would run right through the middle of our kitchen, which is in the core part of the structure.
With regard to the garage, currently our driveway is only about 10 ft from Park Rd. Turning into
our driveway is impossible if there is another car waiting to turn onto Park Rd. We wait for the
turning car while everyone else on Park waits for us - it is just an inherently unsafe situation. We
considered an attached garage which would certainly have been more convenient than the
detached structure we are requesting, however there is a beautiful Autumn Glory Maple tree we are
trying save directly behind the area we are improving preventing us from building back into the
yard.
At its most basic, our intention is to improve the look of our home and increase both our safety
and the safety others as we back out of our driveway onto Beldon. Our proposal is to "give back" 4
ft of the setback. If approved it would allow us to accomplish all of our objectives:
1. Improve the look of our house and function by removing the carport and the flat
rooflines while maintaining our living space.
2. Improve safety as we back out of our driveway
3. Increase our off street parking in a 2 hr restricted area
4. Save the maple tree --TI
We appreciate your time and consideration of our request.
Sincerely
.J:""'
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302 W Park Rd
Bolton/Moffitt
Special exception specific approval criteria:
1) The situation is peculiar to the property in question
a. The situation we face is unique due to the current location of the house
within the required setback. Based on the current setback requirement of
55 feet from the center of the street (25 ft from property line) in the code,
not only is our carport and existing garage-turned-family room within the
55' but a significant part of the original structure is also within that
setback. The property line is currently located 30 feet from the center of
Beldon, this has been verified by finding the property pins. The current
carport and structure is 32 feet from the center of Beldon, thus within the
property line by 2 feet.
We would like to improve our house by removing the unsightly carport,
bring the current family room in line with new construction codes, and
remove a potentially unsafe driveway. However, due to the fact that we
can't comply with the current setback requirements today without
demolishing a sizeable portion of the original house and basement we
have no choice but to approach the Board for a special exception.
In a nutshell, the historical intersection of our existing 1945 structure and
the current 2006 setback leave us very limited options with regard to
improving our home.
2) There is practical difficulty in complying with the setback requirement.
a. Our request is to expand the kitchen and improve the existing family room
so that it has sufficient footings and electricity within code supplied to the
family room.
As you can see from the attached floor plan, the kitchen is located in the
southeast corner of the house adjacent to the new kitchen that we are
planning. Additionally, there is a very large autumn blaze maple tree
directly behind the existing family room which we are trying to preserve
throughout the remodeling process.
b. As also stated above, we cannot comply with the current setback
requirement without demolishing part of the original structure of the
house; therefore we are trying to improve the look and safety of the house
by moving it more in line (increasing the setback) with the required
setback that the current structure is presently located. The plans submitted
are in line with the look and scale of the surrounding Manville Heights
area.
3) Granting the exception will not be contrary to the purpose of the setback
regulations
a. The purpose of the setback regulations are centered around the free flow
of public safety vehicles, light and space maintenance, and the wellbeing
Special exception specific approval criteria cont.
of the public at large. None of these requirements will be infringed upon
by our requested exception. There is an easement of 18 ft and then Beldon
Street so there will be no impairment of light space or fire access. Weare
proposing to increase the existing setback of 2 feet from the property line
to proposed setback of 6 ft from the property line - an increase of 4 ft over
the current situation. The requested special exception setback will still
allow for 28 feet of green space between the street curb and the structure
an increase of ft as compared to what currently exists.
b. Although the requested 6 foot setback does not completely comply with
the required setback, it does increase the setback from the current
structure. In addition we are removing the current carport and driveway,
which is currently located very near (18 foot from the curb of West Park
Rd) the intersection of Beldon and West Park Road. Since several of the
stated purpose~ of the setback regulations are related to safety and
visibility, by removing the carport and driveway and increasing the current
setback of 2 fee~ to 6 feet, we are not requesting an exception that will be
contrary to the purpose, but are in fact enhancing the safety and visibility,
as compared to the current structure. The new driveway and detached
garage will be located behind the current structure at the furthermost
northeast corner of the property.
4) The subject building will be located no closer than 3 feet to a side or rear property
line unless the side or rear property abuts a public right of way or permanent open
space.
a. The property abuts a public easement and Beldon Street which allows for
public right of way and open space.
Attachment for Application to the Board of Adjustment Special Exception
302 W Park Rd
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort, or general welfare.
No, the proposed exception will not be detrimental. In fact, the opposite Is true. The
planned enhancements to the home will improve public health, safety, and general
welfare in the following ways:
1. Additional off street parking will be provided
2. Line of site to both street and sidewalk traffic on Park Road will be increased.
3. The current driveway of the home creates a safety hazard to cars turning onto
Beldon from Park Dr.
4. The carport is unsightly and not in keeping with the atmosphere of the
neighborhood.
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.
Property values will be positively impacted as the curb appeal of the property will be
increased through the removal of the carport and the blending of the addition into the
Cape Cod style look of the property.
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.
This request in no way will hinder or impair permitted uses. The proposed exception is on
the side of the property facing Beldon street so there are no properties located there.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
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Utilities are already provided to the house and will be to the new garage. ~ other~I:~
facilities are already in place. 3;
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5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
1. Additional off street parking will be provided
2. Line of site to both street and sidewalk traffic on Park Road will be increased.
3. The current driveway of the home creates a safety hazard to cars turning onto Beldon
from Park Rd.
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 locate. [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 Kl).]
Yes, it does conform to all other code specifications
7. The proposed use will be consistent with the Comprehensive Plan of the City.
Yes it is consistent
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Date:
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30)
daY~t: i 811ng of ~e decision, In2:h: ~ce of z:: c;oc &t
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Signature(s) of Property Owner(s)
if Different than Applicant(s)
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STAFF REPORT
To: Board of Adjustment
Prepared by: Drew E. Westberg, Planning Intern
Item: EXC06-00022
Date: October 4, 2006
GENERAL INFORMATION:
Applicant:
First American Bank
12333 University Ave.
Des Moines, IA 50325
Phone:
(515)226-9998
Contact Person:
Angie Solberg, Simonson & Associates
2420 128th Street
Urbandale, IA 50323
Phone:
(515)440-5626
Requested Action:
Special Exception for a proposed drive-through bank
facility
location:
Hawk Ridge Drive and Highway 1
Size:
3.38 acres
Existing land Use and Zoning:
Community Commercial (CC-2)
Surrounding land Use and Zoning:
North:
South:
East:
West:
Medium Density Single-Family (RS-8)
Intensive Commercial (CI-1)
Intensive Commercial (CI-1)
Sensitive Area Low Density Multi-Family
(OSAlRM20)
Applicable Zoning Code Sections:
14-48-4, (Accessory Uses, Drive-Through Facilities)
Comprehensive Plan:
General Commercial
File Date:
September 14, 2006
45 Day Limitation Period:
October 29,2006
BACKGROUND INFORMATION:
The applicant, First American Bank, is requesting a special exception for a proposed drive-up
facility. The property is located in the Community Commercial (CC-2) zone which allows drive-up
facilities only by way of special exception. The subject property was platted in 2003 as part of the
development of the Lodge and is subject to a Conditional Zoning Agreement (CZA).
The CZA identifies several restrictions agreed upon by the City, Subdivider, and Owner of the
property in 2002 and is attached to the property and consequently must be adhered to by the
2
applicant. Most of the requirements of the CZA apply to the residential portion of the Lodge
development. However, the CZA does include a 15 foot wide pedestrian walkway easement from
the property's northwestern boundary generally southward to connect with the street to provide
public access to Highway 1. The intent is to allow for future pedestrian access from the Highway
1/Lodge area to Benton Hill Park.
ANAL YSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the City, and to encourage
the most appropriate use of land. It is the intent of the Ordinance to permit the full use and
enjoyment of property in a manner that does not intrude upon adjacent property. The Board
may grant the requested special exception if the requested action is found to be in accordance
with the specific criteria included for Section 14-4C-2K (p. 210, attached) pertaining to drive-
through facilities and the general approval criteria for special exceptions as set forth in Section
14-4B-3A (page 171).
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific approval criteria for drive-through facilities in the CC-2 zone, 14-4C-2K-2 (page 210)
A. The number of drive-through lanes, stacking spaces, and paved area necessary for
the drive-through facility will not be detrimental to adjacent residential properties
or detract from the pedestrian or commercial character of the area.
Staff finds that the drive-through facility will not be detrimental to the adjacent residential
properties for the following reasons: The applicant proposes two customer service drive-
through lanes, one A TM service lane, and one bypass lane. The proposed drive-through lanes
allow up to four stacking spaces each before congestion would become an issue. The adjacent
property to the east contains CC-2 uses that will not be adversely affected by additional traffic
generated by the proposed development. Development of the property to the north,
undeveloped RS-8 property which is significantly higher than the subject property, would not be
hindered by this special exception from lighting, noise, or other possible negative consequences
due to the topography and site location of the drive-through facilities. A landscaped buffer
required by the code between commercial and residential uses is illustrated on the applicant's site
plan.
B. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area.
The transportation system illustrated in the site plan is designed to support the level of traffic
generated by the banking facility and other commercial uses. Traffic entering and exiting the
commercial development is limited to one access point from Hawk Ridge Drive, a private street
with a signalize intersection with Highway 1. Staff finds that this will provide safe and efficient
access to this property.
C. The drive-through lanes must be set back at least 10 feet from adjacent lot lines
and public rights-of-way and screened from view of all non-residential property to
the S2 standard. The property must screen to the S3 standard from residential
property.
3
The drive-through lanes are set back from the adjacent lot lines and public rights-of-way more
than the required 10-feet. Drive-through facilities within commercial zones require S2
screening, which is defined as a landscaped screen ranging between 2 and 4 feet in height,
with a third of the shrubs growing to no less than 4 feet (see page 297) from public rights-of-
way and abutting properties. S3 screening will be employed between the subject property and
residential property to the north. S3 is a dense landscape screening which provides a visual
and physical separation between uses and zones. It is defined as enough shrubs and small
evergreens to form a continuous screen or hedge at least 5 feet to 6 feet in height and more
than 50 percent solid year round. Other materials that may be used include a berm and hedge
at least 6 feet in height or a masonry wall of 5 to 6 feet in height.
D. Lighting for the drive-through facility must comply with the outdoor lighting
standards and must prevent light trespass and glare onto neighboring residential
properties.
The applicant has indicated that lighting for the facility will comply with the outdoor lighting
standard in the code and will be designed to minimize glare onto neighboring residential
properties. All outdoor lighting for the commercial development will be reviewed by the Building
Official for compliance with the Code.
General Criteria for Grantina Special Exceptions:
14-4B-3 (page 171) provides the general criteria which must be met before the Board may grant
any special exception. The applicant bears the burden of proof. The general criteria are:
.The proposed addition will not be detrimental to the public health, safety, comfort, or
general welfare. Staff finds that it will not be detrimental to or endanger the public health,
safety, comfort, or general welfare. The site plan illustrates proper screening from adjacent
properties, adequate traffic design to minimize congestion, and safe pedestrian walkways to
and from the proposed bank.
The proposed addition 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. Staff finds that it will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property values.
The applicant has indicated plans to use an underground stormwater detention system. This
detention system will protect adjacent property to the east from increased runoff resulting from
increased impervious surfaces. In Staff's opinion, this system will provide adequate protection
for surrounding properties.
Surrounding uses are compatible with the proposed development and will not be affected by the
drive-through service. The commercial nature of the proposed use also enhances the
commercial character of the area and would provide useful services to businesses and
residents in the area.
Establishment of the specific proposed exception will not impeded the normal and orderly
development and improvement for the surrounding property for uses permitted in the
district in which such property is located. Adjacent property to the east and west are
developed and will not be adversely affected by the proposed special exception. Undeveloped
residential property to the north will be sheltered from the negative consequences of the drive-
through facility by the significant grade change and the landscaped buffer (S3 standard) required
by the code.
4
Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. Adequate utilities, access roads, drainage and other necessary facilities are
designed or are being designed to meet City standards. As previously stated, the applicant
intends to use an underground stormwater detention facility to address drainage issues.
Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion. There is one access point from the intersection of Hawk Ridge
Drive and Highway 1. This is-a signalized intersection with adequate turn lanes capable of
supporting increased traffic to the site. An internal drive then provides access through the site to
the drive-through. Staff feels this is satisfactory.
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 applicant will need to demonstrate compliance with all other City codes at the time of site
plan and building permit approval.
The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
The Southwest District Plan identifies this area as a commercial zone.
In Staff's opinion, this development and subsequently this special exception, is consistent with the
Southwest District Plan and offers the Miller-Orchard area important neighborhood services.
STAFF RECOMMENDATION:
Staff recommends approval of EXC06-00022, a special exception to allow a drive-through facility
in a CC-2 zone, located at Hawk Ridge Drive and Highway 1 subject to substantial compliance
with the submitted site plan.
ATTACHMENTS:
1. Location Map
2. Application Materials
Approved by: /~-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadminlBoard of Adjustmentlcase filesIEXC06-00022
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 9/14/06 PROPERTY PARCEL NO.
PROPERTY ADDRESS: Hawk Ridge Drive and Highway 1
PROPERTY ZONE: cc-2
PROPERTY LOT SIZE: 3.38 AC
APPLICANT: Name: First American Bank 9
Address: 12333 University Ave. Des Moines, IA 50325 9
Phone: 515-226-9998 9
CONTACT PERSON: Name: Simonson & Associates (Angie Solberg) 9
(if other than applicant)
Address: 2420 128th Street Urbandale, IA 50323 9
Phone: 515-440-5626 !!
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Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter:
Drive-up use in CC2 zone (14-48-4)
Purpose for special exception: Proposed drive-up use in the cc2 zone requires special exception
Date of previous application or appeal filed, if any: none
-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.
First American Bank proposes to construct a new branch facility at the subject location. Inclusion
of a bank drive-up use at this proposed bank will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
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 proposed drive-up use 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. Development of the subject site is expected to enhance the enjoyment and
property values in the neighborhood.
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.
The proposed drive-up facility will be wholey within the confines of the subject lot and will
therefore not impede the normal and orderly development and improvement of surrounding
properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
The attached site plan shows adequate access, ingress, and egress for bank and drive-up facility
users. Adequate storm sewer, sanitary sewer, natural gas, electricity, telephone, and CATV are
available to the site to serve the bank and the proposed drive-up facility.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The attached site plan shows the proposed ingress and egress to the site. The access to the
subject site is as far as possible from Highway 1 West to minimize traffic congestion. A traffic
signal also exists at this intersection, which will further minimize traffic congestion.
6.
Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-48 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
The proposed bank facility will be subjected to rigorous and comprehensive review by city staff
to ensure that all applicable city code requirements are met.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The proposed bank facility use is consistent with the City comprehensive plan.
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MMS CON UL TANTS" INC.
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IOWA CITY IOWA
OFFICE: 319-351-8282
CEDAR RAPIDS IOWA
OFFICE: 319-841-5188
Specific Approval Criteria
Application for a Special Exception to Allow a "Drive-through" Facility
First American Bank
Lot 2, Ruppert Hills
The Iowa City Zoning Code specifies four approval criteria for "drive-through" facilities. The
criteria are outlined in Section 14-4C.2K and are lettered a through d. The following will address
these specific criteria and how they will be addressed with the proposed plan.
a. There will be two drive through lanes with one lane for a drive up ATM. There is enough
stacking space for four cars in each of the drive through lanes without blocking the through
traffic around the building. The drive thru lanes will be on the side of the building that is
adjacent to adjoining commercial uses. The parking lot is laid out such that there can be two way
traffic in the parking areas so that vehicles do not need to use the drive thru area to exit the
parking lot. Arrows have been shown on the site plan to show the intended traffic circulation.
b. The property is accessed by existing Hawk Ridge Drive, which then accesses Highway 1,
which the lot has frontage on to. The drive through lanes will not at any point be in danger of
backing up on to Hawk Ridge Drive or Highway 1. There would need to be more than five
vehicles at each drive through lane in order for on site traffic circulation to be affected. It is not
anticipated that there will be this level of demand for drive through lanes at this location.
c. The drive through lanes are set back more than 10 feet from all lot lines and the public right of
way. The south and east sides ofthe drive through lanes will be screened to the S2 standard and
the north side will be screened to the S3 standard.
d. The lighting for the site will be designed in accordance with Iowa City regulations and will
prevent light trespass and glare on to adjacent residential properties. All fixtures will be fully
shielded and comply with all Iowa City regulations with regard to height, light output and light
trespass.
Please review the above responses and we trust this along with the material attached hereon and
previously submitted will be sufficient for forwarding to the Board of Adjustment. Please
contact us with any questions.
Scott B. Pottorff
MMS Consultants, Inc.
1917 SOUTH GILBERT STREET' IOWA CITY . IOWA 52240
WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMS@MMSCONSULTANTS.NET
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
SEPTEMBER 13, 2006
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael
Wright
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Bob Downer, Gloria Marchman, Mary McGeorge
CALL TO ORDER
Chairperson Leigh called the meeting to order at 5:00 p.m.
CONSIDERATION OF THE AUGUST 9.2006 MEETING MINUTES
Leigh noted that on the last page, Burlington Street should be changed to Bloomington Street.
MOTION: Alexander moved to accept the minutes as amended. Shelangouski seconded, and the
motion carried on a vote of 5-0.
MOTION: Wright moved to consider the items out of order from the stated agenda, to consider
first the memorandum from Manville Heights residents to defer their appeal. Wood seconded, and
the motion carried on a vote of 5-0.
APPEAL
APL06-00003 Discussion of an application from J. Alberto Abreu for an appeal of the Building Official's
decision pertaining to the regulation of accessory apartments.
Walz reported the applicant has requested a deferment of the appeal until the next meeting, due to a
miscommunication that prevented adequate notice of the September hearing date to be sent to the co-
applicants. She will be getting those addresses from Mr. Abreu and will send out notice of the October
meeting as soon as possible.
MOTION: Wright moved to defer APL06-00003 to the October meeting. Alexander seconded, and
the motion carried on a vote of 5-0.
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.
Walz reported the application is a request to allow offsite parking in an RM-44 zone. Oaknoll is proposing
to remove the existing apartment building and construct a parking lot to accommodate 20-23 additional
spaces intended for staff and resident secondary parking. Currently there are 19 spaces on the lot, but
they are not to code.
Walz noted in the staff report that Oaknoll was granted a variance in the early 1980's to reduce the
amount of parking required for their facility. The additional parking is needed now because of a changing
resident base at the facility and an increased demand for parking from residents. Though Oaknoll
currently provides 188 spaces on-site, they estimate the actual need is for 221 spaces.
Walz continued by saying that the Oaknoll facility and the proposed parking lot are on the edge of the
same RM-44 zone. Zoning requirements for this area say that the lot must be within 300 feet of the
entrance and in the same zone. This parking lot does comply with these requirements. The approval
Board of Adjustment
September 13, 2006
Page 2
requirements deal mostly with fitting the offsite parking into the surrounding context, in this case a
residential neighborhood.
Walz said staff has recommended changes to the original site plan that would reduce the projected
number of spaces to 20 instead of the 23 proposed. The entrance will be in the same place and the 20-
foot setback is required. Staff does not anticipate any pedestrian or vehicular safety issues. The applicant
has indicated that the lot will be used strictly on a permit basis. They will post the lot and enforce this.
Walz said the site plan appears to meet the basic standards in the code, but it will have to be checked by
site plan review to ensure compliance. In this case there is no principle building structure to hide parking
behind. This is unusual, but the City does have a history of granting these exceptions, for example in the
case of Mercy Hospital's accessory parking. The new code has given more enforceable ways to ensure
that parking areas like this are done in an aesthetically pleasing manner that fits into the neighborhood.
Walz noted that if the special exception is granted, this lot is solely intended as accessory parking to the
Oaknolll facility only. It therefore could not be sold to another party to be used as a parking lot. To prevent
parking lots from detracting from the residential neighborhood character, the City requires a 10-foot buffer
between the side lots and a screen to the S-2 standard in the front. Staff has recommended an S-2 option
such as a masonry wall complementing the adjacent Oaknoll structured parking in addition to the
vegetation, since there will not be a building to screen the street front. This would make a more visually
pleasing street front and also provide a visual cue to tie the lot to Oaknoll. Walz said in general S-2
standards use distance and low-level screening to separate uses, which can be done with vegetation
alone. However, something that ties the lot to the facility would be preferable.
There is an established oak tree at the rear of the lot that staff would recommend to be saved. The
applicant has indicated willingness to save the oak tree, and staff will have some recommendations on
measures to take. The applicant has proposed that if the tree is saved, any vegetative screening should
be placed outside of the drip line of the tree, and staff believes that is appropriate. Also, all lighting on the
lot will need to be downcast, to shield neighbors from glare.
Walz said this specific exception will not be a detriment to or endanger the public's health, safety,
comfort, or general welfare because the lot will only increase the parking capacity by a small number of
spaces. This will also not be injurious to the use and enjoyment of other properties in the immediate area,
and will not substantially diminish or impair property values. The required setbacks and screening
address these issues. However, a larger parking lot would likely begin to erode the residential
neighborhood, and would be discouraged by staff. Establishment of this specific special exception will not
impede the normal and orderly development and improvement of the surrounding properties for uses
permitted in the zone. All of the surrounding lots are fully developed, and since this lot is accessory,
another business or other party could not purchase the lot for use as a parking facility.
Walz said all necessary access roads and utilities are already in place to serve the facility. Adequate
measures have been or will be taken to minimize traffic congestion on access streets. This special
exception conforms to the applicable regulations and standards of the zone in which it will be located,
except in respect to the regulations and standards applicable to the exception. The preliminary site plan
meets all these needs, and the site plan review will confirm that everything meets code requirements. As
long as the 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.
Walz said the screening and tree preservation are strongly recommended to help preserve the residential
character of Oakcrest Street and the single-family neighborhood to the north. Staff added the note that a
larger lot would be discouraged. She added that the applicant has received the staff recommendation and
made some suggestions.
Walz distributed and read the revised recommendations to the Board, which included slight modifications.
Board of Adjustment
September 13, 2006
Page 3
Alexander asked for confirmation of the current number of parking spaces. Walz said the lot currently has
19 parking spaces, but they are not to code. The site plan submitted by the applicant, which did not
include preservation of the oak tree, indicated 23 spaces. Staff estimates that if the oak tree is preserved,
the number would be reduced to 20. Oaknoll would be increasing the number of parking spaces by one in
the lot, but would increase their overall total by 20.
Public Hearinq Opened
Robert Downer introduced himself as both the attorney for Oaknoll and the advisory director of the non-
profit corporation that operates the facility. He said the circumstance that led to the need for increased
parking arose because of the construction of the addition that will be completed in October. That addition
and associated construction has met required parking needs for those areas, however a changing level of
activity of the residents who reside there has led to an increase in the number of cars as the facility has
expanded.
Downer said the problem was identified approximately a year ago, and several solutions were proposed.
Oaknoll representatives have met with City staff to discuss alternatives such as street widening and other
options in the area. Then they learned that the owners of the apartment building were willing to sell, so
the best option appeared to be to purchase it, demolish it, and create an additional lot. He suggested that
a parking lot would be an improvement in the view for the neighbors, since the building is in a dilapidated
condition. The parking lot will look out on the north lawn of Oaknoll, which is a rolling site with mature
trees.
Downer said the additional conditions are perfectly acceptable to Oaknoll. They cannot guarantee the
continued life of the oak tree but will make every reasonable effort to preserve it. They also wanted to
make sure the lot is available to residents and visitors to Oaknoll as well as staff. It is not possible to put
up parking gates or controlled access because of the shared access on the west side, but it will be posted
as restricted parking and attempts will be made to enforce that. He noted that there are other
representatives from Oaknoll and Shive-Hattery present as well, who are available for questions, if
needed.
Wright asked for confirmation of what need this parking will fulfill, whether for the new addition or other.
Downer said it is to provide overflow parking for the entire complex. This was not required for the addition
or to fulfill any other parking requirements for the facilities. If this lot was not acquired, the required
parking for the complex would still be met. However, more parking is needed because of the projected
number of cars that will be brought in by new residents. They are taking steps to limit the number of cars
that new residents will be bringing to the facility in the future. This had not been done before because the
problem was not foreseen until contracts had already been signed.
Alexander asked if there is anyon-street parking available. Downer said yes on George Street, though
that has come up in several neighborhood meetings that he has attended. He said that many of the
neighborhood residents perceive the amount of street parking to be inadequate. Alexander noted that if
additional parking is not provided, more strain would be put on the on-street parking. Downer said yes.
Shelangouski asked how Oaknoll proposes to enforce permit parking for their visitors. Downer said in
most cases, it will not be practical to enforce the permit parking. However, they do not want the lot to be
off limits during events at Oaknoll, such as during evening board meetings.
Marv McGeoroe introduced herself as a friend of a tenant currently living in the apartment building that
Oaknoll is proposing to demolish. She said her concern is how Oaknoll will insure that only permitted
people will park in the lot, since there is another building next door with its own parking needs. Also, she
questioned the intention to demolish the apartment building when the additional parking will not
completely fulfill the facility's needs. She said that though Oaknoll has offered to buy the current tenants
out of their leases, the situation is causing stress to the tenants who have to make a decision about
moving by September 30. She noted that new living arrangements are not easy to make after August
leases have already begun.
Board of Adjustment
September 13, 2006
Page 4
Downer replied to McGeorge's question regarding the current tenants' status by saying there are currently
two tenants living in the building, according to his most recent information. He stated that if other living
arrangements are not made, the current leases of all the tenants would be honored. The tenants will not
be ejected from the building, though they do have the option to terminate their leases early. However, the
tenants do not have any way to extend their leases indefinitely. Shelangouski noted that the lot could still
be used for parking even if the building is not demolished.
Gloria Marchman introduced herself as a resident living behind the building that Oaknoll is proposing to
demolish, speaking on behalf of two or three other neighbors. She said they have no issue with Oaknoll.
Their primary concern in this matter was saving the historic oak tree during the construction. She noted
that the tree had been protected until 1996, but the protection was not renewed. She also said she
wanted to know whether at a later date a change could be made to the lot or a parking ramp be put in.
Walz said no, if the tree dies the space could be used for additional parking. However, any other change
or expansion to the site would require a special exception. Since they would need a building permit to
build a ramp, for example, the need for a special exception would be noted at that time.
Leigh closed public comments.
Wright asked for clarification on the language included regarding the tree preservation. Holecek said
since it is impossible to guarantee the continued life of a living thing, the changes clarify what efforts
Oaknoll needs to do to preserve the tree. However, as it is now stated, they can absorb the additional
space without need for another special exception if the tree dies.
Shelangouski asked how much of the lot is currently paved. Walz displayed the site plan, indicating that
there will not be much of a change in the total impermeable surface of the property, though the buffer will
be new. Additionally, green space will be gained in the end caps. Shelangouski asked for confirmation
that part of the permit requirements is prevention of runoff onto neighboring properties. Walz said yes.
MOTION: Alexander moved to approve special exception EXC06-00019, subject to the revised
conditions as outlined and distributed by Walz. Wright seconded.
Wright said that the specific standards for off-street parking and zoning for this special exception seem to
be met. It is within 300 feet of the entrance. Section F approval criteria seems also to be met in general,
though he is a little concerned about off-site parking with no other use. He said he does not like setting
that sort of precedent within a residential neighborhood. In the future Oaknoll needs to pay more attention
to planning needs for parking. At the same time the general intent of the standard is being met, and the
lot is currently not attractive. Between the landscaping and preservation of the tree, the parking lot will
likely be an improvement.
Wright said in terms of the general standards, this exception should not be a detriment or endanger the
public's safety, health, or general welfare, and should in fact have little impact on those at all. It should not
be injurious to enjoyment of other properties in the immediate vicinity. This should not impede the orderly
development of the surrounding properties for uses permitted within the zone. Oaknoll cannot sell. this
property for use as a parking lot, nor lease it for commercial parking purposes. All utilities are in place.
Adequate measures will be taken for ingress and egress according to the site plan. He said he believes it
conforms to the applicable regulations of the zone in which it is located. The preliminary site plan appears
to meet the basic requirements of the multi-family residential zone. He believes this is also largely
consistent with the comprehensive plan, and that he would vote in favor of the exception.
Alexander said this exception has is either no change or improvement. It will not affect traffic, and will be
an aesthetic improvement to the neighborhood. Though this will not be seen as an improvement to the
current tenants, she noted that the Board cannot force the current owner to continue the use of the
building as an apartment. She said she would also vote in favor.
Wood said he has no reservations about this exception in terms of the specific or general standards, and
would vote in favor.
Board of Adjustment
September 13, 2006
Page 5
Shelangouski said she would vote in favor of the exception for the reasons already outlined.
Leigh said she has been reassured that the lease terms for the current tenants will be honored if that is
their choice. She will vote in favor.
VOTE: The motion carried on a vote of 5-0.
Leigh said that the decision may be appealed within 30 days after it is filed with the City Clerk's office.
OTHER
Walz asked for confirmation of Board members' availability for the October 11 meeting. Wood will not be
able to attend, and Alexander is uncertain. Holecek said three is still a quorum, so a meeting could be
held. Wright said he would not be able to attend that day, either.
After discussing availability on various days, the Board members opted to decide on a new date via email.
Walz said she would email the group.
Holecek noted that once a special meeting is called, the Chair has the authority to set the schedule. Walz
said if the meeting is held a week earlier than planned, she would try to reschedule anything that is not
urgent to the November meeting. She asked whether the appeal would be considered first. Holecek said
it would be set in whatever order the Chair wishes. More lengthy discussions are typically put at the back
of the agenda, so other people do not have to wait through that for their part of the meeting. Alexander
said she would like to consider the weightier and lengthier items earlier in the meeting.
Wright said he has heard some complaints about the meetings starting at 5:00, with people not being able
to get to the meeting on time for example. Holecek said this has been discussed with a previous Board,
but no changes were made. She noted that the meeting start time can be changed if the current Board
wishes. Alexander said since some meetings can be long, having an earlier start time is better. Holecek
added that those who cannot make the 5:00 meeting time can also submit written statements, which go
into the evidentiary record and are considered as part of the discussion.
ADJOURNMENT
MOTION: There being no further business, Wright moved to adjourn. Alexander seconded. Motion
carried on a vote of 5-0.
The meeting adjourned at 6:00 p.m.
s/pcd/mins/boa/boa9-13-06.doc
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