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HomeMy WebLinkAbout07-11-2007 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, July 11, 2007 - 5:00 PM Emma J. Harvat Hall A. Call to Order B. Roll Call C. Consider the May 9, 2007 Minutes D. Special Exception: EXC07 -00005: Discussion of an application submitted by the Korean United Methodist Church, Inc. for a special exception to allow construction of a new sanctuary and parking lot for property in the Low Density Single Family Residential (RS-5) zone at 4032 Rohret Road. E. Variance: VAR07-00001: Discussion of an application submitted by Jeff Clark for property at 24 North Governor Street requesting a variance from the zoning requirement that duplexes on lots less than 80 feet in width in the Neighborhood Stabilization Residential (RNS-12) zone have private or rear alley access. F. Other G. Board of Adjustment Information H. Adjournment NEXT BOARD OF ADJUSTMENT MEETING - August 8, 2007 To: Board of Adjustment Item: EXC07-00005 4032 Rohret Road GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: STAFF REPORT Prepared by: Sarah Walz Date: July 11, 2007 Korean United Methodist Church 4032 Rohret Road Iowa City Greg Shaeffer 418 Kimball Road 319-321-5045 Expansion of a facility for religious/private group assembly in the RS-5 Zone. To construct a new sanctuary addition for the church building and expansion of the parking area. 4032 Rohret Road 1. 96 acres Religious/Private Group Assembly Low Density Single Family Residential (RS-5) Zone North: Undeveloped (RS-5) South: Residential (OPD-5) East: Residential (RS-5) West: Residential (RS-5 and RR-1) Specific criteria for religious/private group assembly in the RS-5zone (14-4B-4D-14); Multi-family site development standards (14-2B-6); Off-Street Parking and Loading Standards (14-5A); Screening and Buffering Standards (14-5F). June 8, 2007 2 BACKGROUND INFORMATION: The applicant, the Korean United Methodist Church, is seeking to expand their facility in order to build a new, larger sanctuary-the current sanctuary to be converted into a reception hall and gathering space-and to expand their parking area. The church is located in the RS-5 zone at the corner of Rohret Road and Phoenix Drive. The church property extends north to Tucson Place, however the church is in the process of selling off the northern one third (approx.) of the property . The proposed new sanctuary will be connected to the old via an enclosed breezeway/corridor. The church proposes to enlarge and reconfigure its parking area to accommodate 55 spaces; the existing parking has space for approximately 40-45 cars. The church will close off the existing entrance from Phoenix Drive and create a new entrance from Rohret Road. In addition, the applicant would like to create a small unloading area behind (north) of the existing church buildings. This area would be separate from the parking area and would serve strictly as a loading space for food deliveries and garbage collection. Access to the loading area would be established through a new entrance point from Phoenix Drive. Special exceptions are valid for a period of six months. The applicant is requesting an extension of 18 months to allow time for the church to raise funds for the expansion. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board of Adjustment may grant the requested special exception to allow a expansion of a church in the RNS-12 zone if the requested action is found to be in accordance with the regulations of the Sections 14-4B-4D-14 as well as and the general standards for special exceptions as set forth in Section 14-4B-3A. The Iowa City Comprehensive Plan encourages neighborhoods with a mix of housing and supportive land uses as well as open space and recreational facilities. The Comprehensive Plan encourages the location of religious facilities and other institutional uses within neighborhoods provided that traffic circulation and pedestrian safety are ensured and adequate measures are taken to buffer neighboring property owners from any negative effects of parking and increased traffic. Specific Standards Regarding Educational Uses in the RS-S zone-14-4B-4D-14 The proposed special exception to allow expansion of a religious institution in a residential zone must meet certain specific regulations spelled out in Section 14-4B- 4D-14 of the Zoning Chapter (see attached). 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. a. Vehicular Access: The church site meets the requirement for street access with its primary entrance off Rohret Road, an arterial street. This new access drive will prevent traffic waiting to enter Rohret Road from backing up along Phoenix Drive, which is a collector street. 3 b. Setbacks. The established church buildings and the proposed addition meet or exceed the required setbacks for religious/private group assembly uses located in the RS-5 zone: Minimum setback Actual Setback Front (east 20' 25' Side (north 20' 42' Side (south 20' 67' Rear (west) 50' 100'+ c,d and g. Compatibility, parking, and the multi-family design standards: The existing church facility was constructed in 1987 and is considered nonconforming by current code standards regarding the location, design, and screening of parking areas. The current zoning code, which was adopted in December 2005, requires religious/private group assembly uses in residential zones to comply with the Multi-family Site Development Standards (14-2B-6). The multi-family design standards require all surface parking to be located behind the principal building and that those parking areas that are not completely concealed from view of fronting streets must be screened to the S2 standard. In addition, a landscaped buffer of a least 10 feet in width is required between parking areas and any adjacent properties (14-2B-3). These standards are intended to ensure compatibility by promoting safe, attractive, pedestrian-friendly neighborhoods and by preventing large expanses of concrete, blank walls, and parking lots along street frontages. The existing sanctuary is approximately 36' x 72' with a height of 22'. The existing church also includes a 48' x 58' wing with a kitchen, office, and meeting space. The proposed new sanctuary building measures approximately 85' x 55' and 27 feet in height; building heights are limited to 35 feet in the RS-5 zone. The current sanctuary will be converted to provide space for a reception hall for the congregation, which gathers for a meal following regular Sunday service. The existing parking lot for the church is located in front of the church building along Rohret Road and provides none of the required design features (terminal islands, marked spaces, shade trees, etc.) or landscape screening. The zoning code requires that when a use located on a property that is non-conforming with regard to off-street parking standards is enlarged by 50 percent or more the property must be brought into full compliance with the all the zoning requirements for parking location, design, and landscape screening (14-4E-8B-5). The proposed addition to the church represents an increase of more than 50%, thus the church property must come into conformance with the zoning requirements for parking. Because the church is located on a corner lot it is not possible to screen the parking area completely behind church buildings, however the proposed addition to the church will conceal the parking area from Phoenix Drive. Along Rohret Road, the parking area is set back even with the new building as required by code, and the site plan shows all sides of the parking lot with the required S2 screening of low shrubs. Some additional trees will be required to bring the parking area into compliance with the landscaping standards in the zoning code.1 The specific criteria for the special exception calls for careful consideration of large parking areas. The church is proposing a lot with 55 spaces. While the church has not set plans for the fixed seating in the sanctuary, based on the size of the proposed sanctuary staff estimates a 1 14-SA-SI-2 Landscaping and Tree Requirements within Parking Areas a. Trees must be planted or preserved on the site so that every parking space or portion thereof is within fort feet (40') of a small tree or within sixty feet (60') of a large tree. Also, e. Coniferous trees may not be used to satisfy parking lot coverage requirements. 4 maximum occupant load or 2502. Thus the estimated minimum parking requirement would be 40 spaces. Staff believes the expansion of the parking lot is appropriate for the size of the expanded facility. As part of the proposed redesign, the drive entrance to the parking area will be relocated to the southwest corner of the lot to provide direct access to and from Rohret Road (an arterial street). This will prevent church traffic from backing up on Phoenix Drive. The applicant is proposing a small, rear loading area, located on the north side of the existing building, which would have direct access from Phoenix Drive. This loading area is intended for delivery of food to the kitchen and reception areas of the church facility. This will also be the location of the dumpster, which must be screened according to the S3 standard. Staff recommends that the dumpster be set back a minimum of 10 feet from the property line and be surrounded by a privacy fence and in addition be screened with additional S3 landscaping to conceal the view of the dumpster area from the adjacent property. Because the loading area is small and is not connected to the main parking area, it will not generate the kind of traffic that would be incompatible with the any residential uses that may develop on the property to the north. e. Potential adverse effects: The church holds regular services at 11 a.m. on Sundays and at 7:30 p.m. on Wednesdays. Prayer meetings are held daily at 6 a.m. and at 9 p.m. Friday. Youth Bible study is held at 6 p.m. Friday. The church does not currently plan to expand its uses of the property beyond these customary functions, thus noise, late-night operations, odor and litter should not be an issue. In addition, the redesign of the parking area with the required landscape screening will minimize the impact of car lights and soften the general noise associated with parking areas for surrounding residential uses. Because the new parking area and access drive are oriented in closer proximity to the residential use to the west (see photos), additional screening an along the backyard of the adjacent property will help to screen the property from the increased traffic generated along the drive. Staff recommends planting 5-6 evergreen trees similar to those already established along the property line near Rohret Road along the 120-foot (approx.) strip where the drive comes to within 25 feet of the adjacent property line to screen the backyard of the residential property. General Standards: 14-4B-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. Staff finds that the proposed expansion of the church, including the expansion and redesign of the parking area will not be detrimental or endanger the public health, safety, comfort, or general welfare. As explained above, the proposed addition to the church exceeds all of the setback requirements in the code. With the new addition, the applicant is required to bring the parking area into conformity with current zoning regulations including the location, design and required landscape screening and lighting. The setbacks and the required landscape screening will provide a buffer, to soften the view of the parking area and helping to mitigate any noise, light glare, or other disturbance associated with activity on the site. 2 The sanctuary actually measures approximately 42 x 72, excluding the entranceway and other bays surrounding the altar. The parking estimate was calculated by estimating the size of the seating area (nave) minus aisles at 1800 sq. feet. 5 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. For the reasons listed above, Staff finds that the expansion of the church facility will not be injurious to the other property in the vicinity, nor will it substantially diminish or impair property values. In order to expand the church, the property must be brought into compliance with the current zoning regulations, most significantly the requirements with regard to parking area location, design, and screening. The proposed site plan shows compliance with these requirements. Moreover, by relocating the driveway entrance, any traffic waiting to enter onto Rohret Road will back up on church property rather than on the public street. Because the new parking area and access drive are located closer to the residential property to the west, Staff recommends additional screening an along the backyard of the adjacent property as described above. By creating the small loading area to the back of the church property, the applicant will relocate the dumpster to a more discrete and appropriate location on the site. The applicant is required to provide S3 or S4 screening of the dumpster so that the dumpster is entirely screened from view of the adjacent properties. The applicant has proposed to enclose the dumpster in a privacy fence. Staff recommends that the fence be a minimum of 5 feet in height and that the proposed landscaping shown on the site plan be grouped around the fence. 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 developed with the exception of the vacant lot to the north, which is currently owned by the church. New residential development is anticipated along Rohret Road west of the existing neighborhood, bringing more traffic to the area. By coming into compliance with the code requirements for parking and screening, and by creating a new access for the parking area from Rohret Roard, the special exception will contribute to the orderly development and improvement of surrounding property. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All necessary utilities and access roads are in place. All changes to the area, including the establishment of the new parking area, will be reviewed by the building official as part of the site review process to insure adequate drainage. S. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As explained above, Staff finds that the relocation of the access drive to Rohret Road will improve ingress and egress from the site, as traffic waiting to enter onto Rohret Road will line up on private church property rather than the on the public street (Phoenix Drive). The proposed loading area to the north of the church building is limited in size so that it will not attract significant traffic other than deliveries and garbage pick-up. 6. Except for the specific regulations and standards applicable to the exception being conSidered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The proposed church addition meets the requirements for the use in the RS-5 zone. The applicant is required to submit a final site plan for review by the building official and will be subject to all other requirements of the Zoning Code, including regulations related to stormwater management. The entrances to the drives shown on the proposed site plan do not meet code standards-they exceed the maximum width (maximum is 34 feet at the sidewalk and 42 feet 6 at the curb). The applicant's final site plan will need to demonstrate compliance with the standard in order for a building permit to be issued. The applicant must apply for a curb cut permit from the Public Works Department in order to establish this second access point to the property . 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan encourages the location of churches within residential neighborhoods so long as they meet the requirements of the Zoning Code as described above. SUMMARY The proposed expansion to the church at 4032 Rohret Road meets all of the setback requirements for the expansion of religious/private group assembly uses in the RS-5 zone. In order to expand the church must also bring the parking area into conformance with the zoning code requirements for the location, design, and screening of the parking area. The proposed site plan shows substantial compliance with these requirements-the only exception being the required number of shade trees for the lot. With the changes to parking lot, including the direct access to Rohret Road, the parking area will be designed to minimize any negative effects to the neighborhood. Additionally, the dumpster will be moved to a more discrete loading area behind the church building with access for deliveries and garbage pick-up from Phoenix Drive. STAFF RECOMMENDATION: Staff recommends that EXC07-00005, an application for the expansion of a facility for religious/group assembly in the RS-5 zone located at 4032 Rohret Road, be approved subject to substantial compliance with the site plan submitted and the following conditions: 1. The privacy fence around the dumpster be a minimum of 5 feet in height and be surrounded by S3 landscaping (this may be achieved by grouping the landscaping shown on the site plan around the dumpster area). 2. A final site plan demonstrating the appropriate (non-coniferous) shade trees for the parking lot as required by code and additional evergreen screening (6 evergreen trees minimum) along a 120-foot section of the drive abutting the residential use to the west. Staff recommends the special exception be granted an extension of up to 18 months. Attachments: 1. Location map 2. Aerial view of the property 3. Proposed site plan 4. Application materials Approved by: M~ ~ Robert Miklo, Senior Planner, Department of Planning and Community Development It') o o...~ "' o -. j-D-- j~ .0 IU >- I- U <( :s: o La o o o o I f'-.. o <-) >< W ~. -- ~ '0 ~ \ 0 \ a: +-' 0 Q) '" '" l0- w ..c -' (f) 0 (f) w '" a: C\J C') 0 -.:::t . . Z 0 J-004 ~ U 0 ~ ,... ~ a: f-l a: J-004 - en 8 Aerial view of the site. The northern portion of the property is for sale and is not included in the proposed site plan for the church expansion. 9 Southwest view of the Church from Rorhet Road. View of adjacent residential property from proposed entry drive location. 10 View of back yard of adjacent residential property. Looking out from church property toward Rohret Road. Note dumpster location at the front of parking area. 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I-< 0 ~ ClooCl <~XLCD7 -~S APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 0/1/07 PROPERTY ADDRESS: PROPERTY ZONE: (( S -5 4032 PROPERTY PARCEL NO. I RDt:r/{(~'- f?C>tfD PROPERTY LOT SIZE: ) I \/ <I/ 7 c, .' I I i APPLICANT: Name: l(o~fA-)J (j AJ (T(J) 1L1t'TlloDIS I c::....HVRC.I-I Address: 'ft> 5 2. If ~/.fIfElF RDII-D Phone: CONTACT PERSON: (if other than applicant) Name: C-RrLG Stl/l-EFP~R Address: if I r lc '1/lA-1 B 1+ Lc Rb, Phone: 311- 32( -,5() LtC;;- Phone: I co PROPERTY OWNER: Name: (if other than applicant) Address: - .. U1 Specific Requested Special Exception; please list the description and section numbefin the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowa-city.org. Purpose for special exception: tv i lit I~ .1l~ a C (, f571A.() kef f e (_(1urct. r q rtrv 0-5 11 f:cJ; s ,{ I S --! IV fE (vlfM0<{U;tJ-l2 V Date of previous application or appeal filed, if any: GENERAL EXPLANATION: This application for permission to build a new sanctuary is the logical extension of our attempts to meet the existing needs of our church. These needs mostly concern: A. Mother's with infants B. Growing need for educational space (Sunday School) C. Communal meal D. Kitchen access E. Growing membership A. Many of our members are students: Many single individuals but also young families with infant children. Presently we have a room on the side of our sanctuary with a window. It gives young mothers a place to be with their infants and their emerging needs but it affords only a partial view of the services. Also it is somewhat lacking in soundproofing. In our new sanctuary, the infant room would be located opposite the altar and somewhat elevated. This gives a full view of the services. Sound would be piped in and baby sound contained with better soundproofing. Most important it will help the mothers feel included. B. We have a lot of young children and have simply outgrown our existing Sunday School space. The new sanctuary allows this function to expand into the old one. C. It is our custom to share a meal after every Sunday Church service. It is a fine thing for people who worship together to share a meal together. For us, however, this practice has additional significance. It is the one time in a week when we can relax into our Korean roots: eat Korean comfort food, speak Korean, catch up with Korean friends, hear news of the homeland and of course gossip. Many of us spend most of our week in English only environments. We function somehow or we wouldn't be here, but some of us are still struggling with just the basics of the language. The small talk and the humor goes right by. If anyone reading this has lived abroad for any length of time they will have no difficulty understanding how this meal functions and how important this meal is to us. At the present time, we are very crowded in our eating space. We hope to expand our eating space into part of the old sanctuary. D. Because of the weekly use we give to our kitchen, many foodstuffs must be hand carried from the existing parking lot: more than 50 yards. Because meal preparation begins well before services begin, this task usually falls to the cooks themselves. (Usually women who are grandmothers.) Our new plan provides delivery access to the kitchen and allows us to put the dumpster in a much more convenient location. E. We do not expect a sudden surge in our membership but we do expect our membership to continue to grow over time. Since we have concluded that we can address some of our needs by building a new sanctuary, of course we want to allq\y for future growth as well. . -- Cf~J """"'r''t en N Section C: a. Vehicular access to the parking lot would be reoriented to the arterial street Rohret Road, Kitchen deliveries and trash removal would be the only traffic that would enter by Phoenix Drive. At the present time all traffic enters the premises from Phoenix Drive. Both streets meet the minimum requirement width of28'. b. As indicated on the plot plan submitted with this application all required setbacks are observed. c. Our proposed improvement has already been relocated and redesigned to be in accordance with the latest zoning requirements. The function and activities of the church will continue to operate as it has for the last twenty years. By relocating our vehicle access to Rohret Road traffic flow which has never been much of an issue should have an even lesser impact on the neighborhood. d. It is our desire to create a facility that is self contained. We request additional parking to achieve that goal. Our primary use will be on Sunday mornings. During the week there is choir practice in the evenings. Occasionally there are various committee meetings also in the evening. e. As mentioned above, use of our facility will continue as before. With the exception of small meetings most of our traffic will be in daylight hours. C) ;2: c) J:> :=:; I ()") - ., j; en N Section D: 1. By this expansion and improvement we will definitely be improving the neighborhood. We will be upgrading our existing twenty year-old facility and by building our new sanctuary, reconfiguring our footprint so that our appearance and traffic flow align with the most recent zoning requirements. We will take care to plant the shrubbery indicated by the plan for the purpose of screening the parking lot from the view of our neighbors. It is our intention to make the impact of our additional new parking as minimal as possible. The recent tornado damage in Iowa City as well as that in Greensburg, Kansas has made us aware of the vulnerability of our woodframe, slab-on-grade buildings. We also hope that by building a substantial new sanctuary with concrete walls, we will be providing a safer shelter for our members in the event of severe weather. 2. When our church was built, the land around us was in agricultural production (cornfields). Since that time residences have sprung up all around us. Our church and our new neighbors have co-existed harmoniously through the last two decades. We believe this will continue as before. At 27' our new sanctuary will be only slightly higher (5') than our existing building and the only view that it would obstruct would be that of our parking lot from our neighbors on Phoenix Drive. 3. With the exception of the lot to our north which is owned by (and for sale by) us. All property around us has been developed. Presently auto traffic enters our premises from Phoenix Drive, a residential street. Our new plan would remove that traffic to Rohret Road, an arterial street. In the case of a traffic surge any back up that would occur would be in our parking lot -not on Phoenix Drive! 4. Access from Rohret Road would be established early in the building project. We believe all other utilities are in place. 5. By establishing the new access from Rohret Road and the new delivery access from Phoenix Drive we believe we are improving the flow of traffic and minimizing its effect on the neighborhood. 6. We have tried to comply with the Zoning regulations to the best of our ability. 7. It is our understanding that the "Comprehensive Plan" encourages churches to be located in residential neighborhoods provided they take appropriate measures to minimize impact on the surrounding residences. We intend to do this by the restructuring of our traffic flow and performing the landscaping as indicated in our plan. o ;f() .:t> -.,;-; .........J ..~........ f 0:) ~ ()'1 rv -2- In order for your application to be considered complete, you must provide responses to all of the information requested below. Failure to provide this information may delay the hearing date for your application. A pre-application consultation with Planning staff is strongly recommended to ensure that your appllication addresses all of the required criteria. Please contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowa-city,org. As the applicant, you bear the burden of proof for showing that the requested exception should be granted. Because this application will be presented to the Board of Adjustment as your official statement, you should address all the applicable criteria in a clear and concise manner. INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal description of property (attach a separate sheet if necessary): You can find the legal description and parcel number for your property by doing a parcel search for your address on the Assessor's website at www.iowacity.iowaassessors.com/ or by calling 319-356-6066. B. Plot Plan/Site.Plan drawn to scale showing all of the following information: 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 location and record owner of each property opposite or abutting the property in question; 6, Parking spaces and trees - existing and proposed. 7, Any other site elements that are to be addressed in the specific criteria for your special exception (Le" some uses require landscape screening, buffers, stacking spaces, etc,) C. Soecific Aooroval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets certain specific approval criteria,* On a separate sheet, address each of the criteria specific to the special exception being sought. Your responses should not be opinions, but should provide specific information demonstrating that the criteria are being met. *These criteria are not listed on this form but are provided within the Zoning Code, If you are not familiar with the Zoning Code or if you do not know where to find the criteria specific to your request, please contact Sarah Walz at 356.0239 or e-mail sarah- walz@iowa-city.org, Failure to provide this information will constitute an incomplete application and may lead to a delay in its consideration before the Board of Adjustment. f',-.J ::.=:::1 (-~,:;.;) --..l o -So ~.... 1">-, / -.........1 --(", -...or, I G) <'J1 -3- D. General Approval Criteria: In addition to the specific approval criteria addressed in "C", 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. 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. 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. 9 --:::- ~-... }i.> c_ I 0:;" ....., (.J1 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] 7. The proposed use will be consistent with the Comprehensive Plan of the City. o 5~ L C-) I t'""." -'-' (J1 N -5- E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal*: NAME ADDRESS o ...-- < ~'r:.::.... I r,- "~"',) 01 N *This information is available from the Johnson County Assessor's Office, -6- 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). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: / b--)-- 07 20 WON tN, 2~f M- 1,' . /'1.. vJt ~ Signature(s) of Applicant(s) f'-"_,) Date: ,20_ S~J ._._. l~~;' ""-.,.".,.1 ~:: ~~ ) c~__ ..x:> =_~~) ; Jr-'., '""< "'..-! I Signature(s) of Proper:~pwn6(-s) if Different than Appli~~~(s) ~~ ~::~; - )> (~l N ppdadminlapplication- boase .doc ,() I 'H W<e [;J ouiD "J 5 D [I~ wJR ~~s ,:~rb~CaC{tl6:ei {if M0b1ft{5rb~rC" to \E' CJ lJ '€ '3 \ Lr L . f fJ t6 (' u). J( trttA 5 1 ~ U I ( r? e/v L1/l I -r, tY- u { . (; vbvilY1) V ~.~f. .1 ctr'()kS, -n;Cf-/~1~YD0 ~/.' 1"{Ct ~f~ ( crM5,Jl.-e/v ({ Or I -6- 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-2C-4, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: , 20 Dale: ro; I ~ ,200; ppdadminlapplication-boase,doc STAFF REPORT To: The Board of Adjustment Prepared by Sarah Walz Item: VAR07-00001 24 N. Governor Street Date: July 11, 2007 GENERAL INFORMATION: Applicant: Jeff Clark 414 E. Market Street Iowa City, IA Tel. (319) 631-1867 Requested Action: Variance from the access provisions for Two-Family Uses in the Residential Neighborhood Stabilization (RNS-12) zone. Purpose: To allow a front access drive from a public street. Location: 24 North Governor Street. Size: 9,500 sq. feet (approx.) Existing Land Use and Zoning: Residential, RNS-12 Surrounding Land Use and Zoning: North: residential, RNS-12 South: residential, RNS-20 East: residential, RNS-12 West: residential, RM-44 Applicable code sections: Section 14-4B-4A-5f-2 Access management standards for two family uses in the RNS-12 zone, review standards for the granting of variances (14-4B-2) File Date: June 4, 2007 BACKGROUND INFORMATION: The applicant requests a variance to allow driveway access directly from North Governor Street for a duplex located at 24 North Governor. The original single-family house at this address was destroyed in the tornado of April 2006. The applicant purchased the property (a 55-65 x 158- foot lot) in order to build a duplex. The City issued a building permit for construction of a duplex based on the rear alley access. Subsequent to building the duplex, the applicant was preparing 2 to pave a portion of the alley behind his property-City code requires all private drives to be hard surfaced-when the neighbors informed the City and the applicant that the rear access was not a public (City-owned) right-of-way and of their belief that the applicant's rights to the alley access were in question. The applicant is requesting relief from the rear access requirement for duplexes on lots less than 80 feet in width in the RNS-12. In lieu of rear alley access, the applicant proposes to use the existing single-family drive from North Governor Street. All parking would remain behind the building as required by the zoning code. ANALYSIS: Duplexes are permitted as a provisional use in the Neighborhood Stabilization Residential (RNS- 12) zone, however the access standards for duplexes in the zone require that lots less than 80 feet in width must provide vehicular access via an alley or private rear lane. Only corner lots and double frontage lots are exempt from this standard. An unimproved (gravel) alley runs north-south from Jefferson Street to the property at 24 S. Governor Street. At the time the applicant applied for his building permit, all reasonably available County and City records indicated this alley as a public right-of-way. Because the proposed duplex met all other requirements of the zoning code, the Building Official issued a permit on February 5, 2007, for construction of a duplex. Neighbors whose properties abut the alley became aware of the applicant's intent to use and pave the alley only after the duplex was already constructed, when the applicant was preparing to pave the alley. It was at this point that the adjacent property owners provided the County Auditor's office with a court decision and decree from 1996 that divided ownership of the alley between all the abutting property owners, including the previous owner at 24 North Governor. Though the 1996 decision had never been filed with the County, the Auditor notified the Building Official that the alley was not public right-of-way, and, in tracing the plat back to 1912, could find no evidence to clearly indicate that the alley ever had been City property. After receiving a copy of the court decision, the City Attorney's office researched the area and found that it was originally an outlot of Original Town that was subdivided into lots sometime in the early 1900's. That is when the alley first started showing up on plats-probably as a way to provide rear access to those new lots. While the alley is now private property-a private rear lane-the City Attorney also noted that the court decision ordered that "all of the plaintiffs, their respective heirs, successors in interest, assigns and grantees shall continue to have a right of ingress and egress over the entire tract." In light of the court order, the applicant met with the neighbors to negotiate a method of improving and maintaining his portion of the private alley/drive that would be agreeable to everyone. The neighbors indicated that they are prepared to go to court to prevent the applicant from using or paving the alley access for the duplex. The neighbors contend that the intensity of the use has changed from a single-family use to a two-family use subsequent to the court decree; and also that, even though the court order allows for ingress and egress, it does not in their opinion allow changes to their property such as gravel or asphalt. The applicant and his attorney believe firmly that the property at 24 N. Governor Street has the right to use the rear access drive. However, at this point that right is in dispute and may need to be decided by the court. Because these sorts of cases are given low priority it may take more 3 than two years for the case to be heard before a judge, and the outcome is uncertain. Therefore, the applicant is seeking relief from the zoning regulation pertaining to rear access. The applicant currently has access to his property from N. Governor Street via the existing single-family access drive. Rights to this access point would ordinarily go away with the change to a two family use. The applicant proposes to maintain his parking at the rear of the property as required by code, so the only change would be to how that parking is accessed. While there are some f100dway issues with the driveway, which is located on the south side of the house, the Building Official has indicated that it is possible to build the driveway to the required engineered elevations so that the f100dway is not affected. The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested variance to allow access to Governor Street only if the requested relief is found to meet all of the tests for variances as set forth in Section 14-4B-2A. The burden of proof for each of these tests rests with the applicant. No variance to the strict application of any provision of the Zoning Chapter may be legally granted by the Board unless the applicant demonstrates that all of the following elements are present: 1. Not contrary to the Public Interest: a. The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. Staff finds that the application meets this test. Duplexes are permitted in the RNS-12 zone and in all the zones surrounding the subject property so long as they meet the standards in the code, which regulate architectural design and style; building scale and materials; drive access, parking, and garage location. As stated above, the applicant's property meets all of the zoning requirements with the possible exception of the rear access requirement. The building official issued the building permit based on the available public information, showing that rear alley could be provided along a public right-of-way to the rear of the property. The applicant subsequently planned and built a duplex based on the expectation that he would have the opportunity to improve the rear alley. However, because the neighbors object to paving the alley-as well as the increased traffic generated by the two-family use-the applicant proposes to maintain the existing single family access on the south side of the property, which will direct all traffic for the property away from the neighboring single-family uses. Staff believes that this is a safe and appropriate access point for the use. b. The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. Staff finds that the application meets the test provided that some landscaping is provided to minimize the impacts of the paving on the south side of the building. The rear access requirement for two-family uses on narrow lots has three main purposes: 1. to avoid the excessive paving in the front yard that is often associated with duplexes; 2. to minimize the opportunity for cars to be parked in the front yards; and 3. to avoid the predominance of garage doors on narrow lots. The 4 applicant's proposed site plan shows all parking (4 spaces) to be maintained at the rear of the property, behind the building. The proposed access drive will be 10 feet wide and is located on the south side of the building, away from the adjacent single family property. Ideally, the narrow width of the drive should make it inconvenient for residents to park in the front yard since that would completely block access to the rear parking area and the ingress and egress of other vehicles. However, constructing the drive on the south side of the house calls for far more paving on the lot than would otherwise be necessary and on a side of the building that is highly visible from Governor Street. Moreover the topography of the side yard with its steeply sloped stream bank, make the area potentially susceptible to erosion and more difficult to maintain. The paved drive itself will take up a large portion of the side yard above the streambank, leaving only a small area for landscaping on either side-between the drive and the building and between the drive and the slope. Therefore, staff recommends that the applicant provide a landscaping plan designed to prevent parking along the drive and to insure the maintenance of the small area of permeable level surface along the drive on this highly visible side of the house. This could be accomplished through the use of low shrubs between the drive and the building and a tree in the front and rear yards. Such landscaping would discourage parking, require minimal maintenance (esp. mowing), and soften the appearance of the long drive. Staff recommends that areas graded or disturbed by construction of the drive, between the 658 and 662 foot elevation line, be replanted with native grasses rather than lawn grass, in order to reduce the potential for erosion of the streambank due to water running off the drive. It appears that the use of the front drive would satisfy the neighbors concerns about the use and paving in the rear alley. Because the parking area will remain at the rear of the property, the emphasis of garage doors are not at issue. While the Comprehensive Plan encourages the use of rear alleys for the development of narrow lots, it also indicates that where alleys are not possible, having narrow driveways along the side and rear of houses will reduce the amount of paving in the front yard and the emphasis of garage doors along the street. 2. Unnecessary Hardship: The test for unnecessary hardship consists of three prongs, each of which must be proven by the applicant for the Board to legally grant a variance: a. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. Staff finds that the application meets this test. The applicant indicates an investment price of $247,500 to purchase the property and construct the building. Because the building was designed and built as a duplex the floor plans are not conducive for a single family use and the cost of converting the building to a single family use would be prohibitive, The applicant has provided financial data to support a claim that strict application of the requirement for rear access would severely diminish the rate of return for the property as a rental. Information provided by the applicant shows that if the property is restricted to a single family rental use, even with a monthly rent of $1500 there would be a negative return on investment of $512.00. The rents provided by the applicant appear to be in line with other information available on rental costs in Iowa City. The Press Citizen provides a cost of living index for Iowa City showing the average rent for three bedroom apartment in Iowa City of $795 /month. Housing information provided by the University of Iowa estimates rent for a 5 three bedroom unit (unspecified) at $1024/month. An informal search of recent listings for 3-bedroom duplexes in Iowa City indicated monthly rents ranging form $900 to $1300. The same web site showed rents for 3-bedroom houses range from $900-$1400, with most houses renting at rates between $1100 and $1200. b. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. Staff finds that the application meets this test. Had the applicant or the City known of the unrecorded agreement regarding ownership and use of the alley, the question of whether the subject property has the right to improve the alley, and thus the opportunity to build a duplex on the lot, would have been settled prior to construction. However, all reasonable due diligence on the part of the applicant and the City indicated that the property did have rear access via a public alley. While it has yet to be determined that the property does not have the right to pave the alley, the applicant would have to go forward with paving his portion of the alley and force the neighbors to apply for an injunction. Again, the case would likely wait two years or more to be heard by a judge. Therefore, in the interest of neighborhood relations and to protect his investment in the duplex, the applicant has applied for a variance to allow the access directly from North Governor Street. c. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title. Staff finds that the application meets the test. At the time the applicant applied for a building permit for the duplex, all information available to the City and the applicant indicated that the property had rear alley access. Had the applicant or the City known of the unrecorded agreement regarding ownership of the alley, the question of whether the subject property has access rights -and thus the opportunity to build a duplex on the lot-would have been settled prior to construction. It was only after the construction of the duplex, when the applicant was preparing to pave the alley, that the neighbors became aware of the situation and informed the City and the applicant of the private ownership agreement affecting the rear alley/drive, STAFF RECOMMENDATION: Staff recommends that VAR07-00001, an application submitted by Jeff Clark for a variance from the zoning ordinance to allow access to North Governor Street for a two-family use in the RNS- 12 zone be granted subject to a landscaping plan to prevent parking in the front yard, to help stabilize the streambank and to buffer the appearance of the additional paving. ATTACHMENTS: 1. Location map 2. Photos 3. Site plan 4. Application Approved by: /~ .. Robert Miklo, Senior Planner, //i/(~t I ~..~O' EO 7~~ ~ I J I 1 / , 11- ~ -0 /[ ; ;/7,1= ~ =lJ1i 1 U\SN\I^7"'----, 7iv /'[ ;~7':. 1~.4~ - u-: r----v A" /i -:....y ~ '...~ \ ~~?} L /f/~;C/ y~'/~:~V: ~ ~ ,~' ~ / / /~ : I.l / v / :::; l:::=-'.' 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OOQC) \ -\}-- \'" "",,<,U APPLICATION TO THE BOARD OF ADJUSTMENT VARIANCE DATE: {IJ - L\ - 0 '1- PROPERTY PARCEL NO. t n I 0 L( 0 ~ 019 APPEAL PROPERTY ADDRESS: ~LI N. (J()"t\{"'NJ'i' <;t . APPEAL PROPERTY ZONE: .......'2 APPEAL PROPERTY LOT SIZE: 55-(,15 X ISg ~ APPLICANT: Name:~fr (___I b.. v It. Address: ..J:J.1g 1::. M(1d<e.t St- Phone: 3 \'(- cP3 i-\~ (o~ C CONTACT PERSON: Name: : ' . -' Address: (-, "'-i - , Phone: , - / .-L-'. PROPERTY OWNER: Name: That.- bo.y'S \J~\J.I ~j.s Address: 414 ~ MfiV.kt t <.;.t Phone: ?> \q - (P3 i -I ~ '~;1" Specific requested variance; applicable section(s) of the Zoning Chapter: / '-I ,- L/ i3 - t..jA. S. +-. (2) 'r--.......) -., , :r-- - --" I I '- '- :~ -:--J ,----r , -..,~' ...L.'7"" w Reason for variance request: --r2J uP1ply Iw,Jrfl1 '{f; d ~ViSI"h r cJf: Z.. hu-t,{'( dAJdtL/..)J' " CUIle! -m 0.((.111/ ~ f1~wJtr [~",Slvvci>tJ rJ...~df/~ {-b {,~ {xZy>>-'rtf Date of previous application or appeal filed, if any: WOlVe INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal descriotion of property: B, *Plot plan drawn to scale showing: 1. Lot with dimensions; 2, . North point and scale; 3, Existing and proposed structures with distances from property lines; 4, Abutting streets and alleys; 5. Land uses on and property owners of abutting lots; and 6, Parking spaces and trees - existing and proposed. [*Submission of an 8" x 11" bold print plot plan is preferred,] C, List of property owners within 300 feet of the exterior limits of the property involved in this appeal: NAME SC!~ ('.&-tt6'-~.tJ .s\.,-t'~.t ADDRESS (.0:) ~.~ ~....; -.... r c.::= , ' I .r.- -n I... ~ . ' . ""-..., "-:-., r J ~'-""'1 "..... ; .,..-:--.- /' '.~ ).::: ..c- ",-_/ w APPLICANT'S JUSTIFICATION: Section 14-7A-2 of the Iowa City Zoning Chapter gives the Board of Adjustment power to authorize upon appeal in specific cases such variances from the terms of the Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Chapter will result in unnecessary hardship and so the spirit of the ordinance shall be observed and substantial justice done, No variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: (emphasis added) 2 (Please respond specifically to each of the following, explaining your answers.) Not contrary to the DubUc interest. a, Explain why the proposed variance will not threaten neighborhood integrity, or have a substantially adverse effect on the use or value of other properties in the area adjacent to the property included in the variance. The.. nlw dnve.wlJ.'f wO\,l\d b~ US.I'f\~ 0. porh~n Qnd f\.u upp("vadr) of ~. lL~V\j dy\"~, wt- vJCl~l\d ",ot h~ dlS~UV~V"lJ ~v- pvtl~{'t--\1..(. ') 1V'\ {~ a. ~ i c.. . .~. _'-'. , f \ 1 I ....... --~~) ...~-1 O. b, Explain why the proposed variance will be in harmony with the gene~F purpose- and intent of the Zoning Chapter, and not contravene the objecti~~ of t~ Comprehensive Plan, ~ c..,) A Dupu-,;. wc'-',,~ b-y\j .\~ (,,\\ovJdlt'\ 1"\'\\\ z.on,~. (Av\c;\ 01/\ .-th~~ 1'vt(>lV"""1 .D\).-t. -\t> -t\ol.(. u.",\LII\OWY' <;\\u.~-hOll\ ~~ '"\Vu ~\k., b(.\~ "p't'\.\fl.<\< aV"\JC, -\\i\~ fV\6.'i ~tA"'c. c ,^",V\~(.J i~ c."'f\tt~'vCiJ-\\o~, o~ -t\tu f>V?'~-tv'+<-t I 1o\A+- (.\ d'1'u'i wou\A S\\\\ V\c.\lc. ~V'\ o.l\o-..0!t\. 2, Unnecessary hardshiD. a, Explain why the property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located, Th-t.. pwr<"~ ~I\\ L ,,j\l..s+ 'o~<GtIc. ~...J~V\ If l+- 0, S V'U\Hc;\ (). S a. C.L....pl.JK. 1:.( i} WCA-> 'f"t'(Jv..r<.J +0 b.t. L\. SFDj +h.L. C<.'s+-> WOlA\J \o~ --tWo -hvnd ~ n",t" tlil~s prop<vJ w{,lvdJ bY/VI, iVl. La.,,~ -\-o.'MS WCu\~ b!.. \/e.v'1 "'\j~ dw -\0 ~ ill<.'~t'\' ~~V"Y'(. ~'(e.+, b, Explain how the owner's situation is unique or peculiar to the property in question, and the situation not shared with other landowners in the area or due to general conditions in the neighborhood. Dv.c..+O -t'hL 4-13 'oCo -rev l""J.c, -th'~s pvDf>iv, w..~ dl~hV'1~' 1"""'- n"(,~~L\ofW1Mt v.Jcd.. 1o~~tJ Oh (:t)..tn\1t (knd c..~ ftlovrh i tht.St bt.\~3 'lV'L.d..-,ut. O\he.'t'" .. ~L~~'oO..-s o.'Ct.. ~ \-t'&~(.,\q>\\f\<<j ~;I( ~~V'~-<S GlV\A ''e-N...J-f~t iw...((. IS {\ot lb') ClH.tt ~t.~(V\d ~iV' "~,,u-ht.. c, Explain how the hardship is not of the landowner's or applicant's own making or that of a predecessor in title, ThL (o<..tttht (It.;-d.,t(" S howtd ~ C\+rt c.dt-ly \tH~,,,,Jt1niS p~<v+tj .TMUvcU ~ lLlf\A o~ ~ lO\'lshu<..-tlOI1, 1+ wG-t$ +c~\o\cl ~ '0.(. (.tV\ UIIW"((,,,-,(.(<I rr\~,~ O'rl\J'{ \ot.~1 VIA -{""IS 'P'<f.(rly . 3 NOTE: Conditions, In permitting a variance, 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-1 E, City Code) Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code.) Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk, Date .I\.\M lj ,20.rr 9'i1 (L..f-.- Signature(s) of Applicant(s) Date: ,20_ Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadminlapplicatiorrboavar.doc ?=7 '--) ...;:::-- .J.-"'" -_ c.) 4 2/9/06 "-.J , .r-- --i~1 , : -1"'1 HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820 Phone: (319) 354-0331 Fax: (319) 354-0559 C. Joseph Holland jholland@icialaw,com Lars G. Anderson landerson@icialaw,com Tarek A. Khowassah tkhowassah@icialaw,com June 21, 2007 JUN 2 8 2007 Sarah Walz Associate Planner Department of Planning & Community Development Civic Center 410 E. Washington St. Iowa City, IA 52240 RE: 24 N. Governor Dear Ms. Walz: I am writing to you at the request of Jeff Clark regarding the variance requested by Three Guys Holdings to allow a driveway access off Governor Street for a duplex at 24 N. Governor Street. That structure is nearing completion for occupancy as soon as access issues can be resolved. This property was the site of a structure, originally constructed as a single family residence, which was damaged beyond repair in the tornado of April, 2006. Three Guys Holdings purchased this property in October of 2006. There is a physical access to this property from Jefferson Street. That consists of a tract 17' in width in an east-west dimension and 170' long (more or less) in a north-south dimension. My client designed and has constructed the structure based upon use of that access to the property. Other property owners and users of that tract have objected to my client's attempts to make use of and to surface that access. One went so far as to block the access with a vehicle. The change in use of my clients property from a single family structure to a duplex appears to be an issue for the other property owners along the tract. Page 2 of 3 The Ordinances of the City of Iowa City require that all private drives be hard surfaced. There are many drives in Iowa City which are not hard surfaced and enforcement typically comes up as part of the building permit process, as it did in this instance. My client has a right of access over that tract. That arises out of a lawsuit, a Quiet Title Action, and the Decree in that case on December la, 1996. I have enclosed a copy of the court's Judgment and Decree in that action, and a copy of the Petition to help understand the Decree. In the first full paragraph on Page 6 of the Judgment and Decree the court ordered: Further, by virtue of agreement of the Plaintiffs, it is further ordered, adjudged and decreed that all of the Plaintiffs, their respective heirs, successors in interest, assigns and grantees shall continue to have a right of ingress and egress over the entire tract which is the subject of this action. (Jerry Wear was one of the Plaintiffs in that case and the person who sold the property to Three Guys Holdings. Thus, Three Guys Holdings succeeded to all of his rights of access over that tract.) What the court's Decree does not state is who maintains that access and how it is surfaced, and if and how a change in use of any of the properties affects the rights of access As I said, my client tried to pave the alley, but one of the abutting owners objected and my client could not complete the paving. Because the 1996 court's Judgment and Decree is vague, it appears we may have to take all of the current property owners to court to address the surfacing and maintenance issue. I expect that the other owners will claim that the rights granted in favor of my client's property were for a single family structure only. We will have to ask the Court to resolve that issue Civil litigation of this nature receives the lowest priority from the court, below criminal cases and domestic relation cases, which make up something like 85% of the court's docket. That means that it could be two years before we have this resolved through the court system. We hope to prevail, but the outcome of any case this is always uncertain. It would work a great hardship upon my client if they were not able to use Page 3 of 3 this property because of lack of sufficient access. We have prepared a projected monthly income statement for the property which shows that it makes little money when used as a duplex, and shows a net loss every month when operated as a single family residence. The grant of a variance to allow the duplex to access off Governor Street is a far better solution than operating this property as a single family residence, where an access off Governor Street is permitted without a variance. I would be happy to provide further information if I can be of assistance. Very truly yours, CJH:ses Enc. cc: Jeff Clark Equity No. COUNTY () ~ ~0 // . <-&, <', ^ '(i~'!'t>' /04y(:;'() .~ /.'." "1-, ~/..t '''-,f. /' ~_ I:-~, . (}, ..,<~;~ .:~,... '../ ,-/.'1 /,-,/,i ~<.~ ..0 "//"",/-.,;,- r..r /,J.. /J,-,{t,} , /' -.~//o ,y .. /.......' --7',),. '/?'~ .,- a;tJ()5f~O IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON ) ) ) ) ) ) ) ) ) JESSIE BOWEN: WILLIAM JESSIE BLAIR', ) LEONARD BLAIR ~ MARY ANN HOWELL ,v' ) ELIZA BOWEN CADWALLADER~ GEORGE ) CADWALLADER f ELLEN ZERILDA BEACH. ) a/k/a ELLEN ZERILDA WOODSTOCK( ) ABEL BEACH ,./ S. E. WOODSTOCK ,f ) JESSIE M. STERLING / JAMES W. STERLING, .. ) EMMA HORTENSE TILL PENDLETON,/ ) BRADFORD H. PENDLETON( HORTENSE E. ) PENDLETON~ EMERY WESCOTT/AND ) E. HORTENSE T. PENDLETON, and Their ) Unknown Heirs, Devisees, Grantees, ) Assignees, Successors in Interest ) and Their Unknown Spouses, and the ) Unknown Claimants of the following ) described real estate situated in ) Johnson County, Iowa, to wit: ) commencing at the northwest corner ) of Outlot 4 in Iowa City, Iowa, ) according to the recorded plat thereof, ) thence east 150 feet along the north ) line of said Outlot to the point of ) beginning, thence east 17 feet along ) the north line of said Outlot, thence ) south to the center of Ralston Creek, ) thence southwesterly along the center ) of said Ralston Creek to a point due ) south of the point of beginning, ) thence north to the point of ) beginning, ) ) ) STEPHEN R. CAMPION, KRISTINE L. CAMPION, WILLIAM JOHN O'HARRA, SOFIE o 'HARRA , WILLIAM C. HOPP, KAREN MAE HOPP and JERRY WEAR, Plaintiffs, vs. Defendants. PETITION IN EQUITY TO QUIET TITLE Plaintiffs, for cause of action against the Defendants, state: 1. Plaintiffs are the absolute owners in fee of the ,following described real estate situated in Johnson County, Iowa, to wit: Commencing at the northwest corner of Outlot 4 in Iowa city, Iowa, according to the recorded plat thereof, thence east 150 feet along the north line of said Outlot to the point of beginning, thence east 17 feet along the north line of said Outlot, thence south to the center of Ralston Creek, thence southwesterly along the center of said Ralston Creek to a point due south of the point of beginning, thence north to the point of beginning, and that the Plaintiffs and their Grantors, have had the actual, open, notorious, continual, exclusive, hostile and adverse possession of said real estate under claim of right and color of title for more than ten (10) years past. 2. That the Defendants, or some of them, as Plaintiffs are creditably informed and believe, make some claim to the said property, or some interest therein, adverse to the title of these Plaintiffs, but Plaintiffs allege that any right, title or interest that the said Defendants, or any of them, may ever have had in and to said real estate is junior and inferior to the title of these Plaintiffs. 3. Plaintiffs allege that any right, title or interest that the said Defendants, or any of them, may ever have had in or to said real estate, or any part thereof, is now barred by statute of limitations. 4. Plaintiffs are creditably informed and believe that various and numerous unknown persons claim to have some interest in said real estate or parts thereof, adverse to these Plaintiffs, and that said unknown persons are made party defendant h~reto under the designation of Unknown Claimants. That Plaintiffs have used all 2 available means to ascertain what claims are made and by whom, but that these Plaintiffs are unable to more definitively state the interests or interest of the said Unknown Claimants claim to have otherwise than as set forth in this Petition, and Plaintiffs allege that any right, title or interest that they or any of them may ever have had or may claim to have in said real estate would be as the surviving spouse, heirs, devisees, legatees, mortgagees, grantees, assignees or representatives of the remote grantors of these Plaintiffs, or any of the Defendants named in the caption of this Petition, or as the successors in interest to some of the classes or persons herein mentioned. 4. Plaintiffs allege that the names and residences of the Unknown Claimants, and each and all of them, are unknown to these Plaintiffs, and Plaintiffs have sought diligently to learn the names of same and have been unable to do so. 5. Plaintiffs allege that none of said Defendants, nor any of them, and none of said Unknown Claimants have, in fact, any right, title or interest in and to said real estate or any part thereof. WHEREFORE, Plaintiffs pray that title to the real estate described in the caption and in paragraph 1 hereof be established in Plaintiffs against the adverse claims of the Defendants, and that each and all of them, and all persons claiming by, through or under them, or any of them, be forever barred and estopped from having or claiming to have any right, title or interest in and to said real estate adverse to these Plaintiffs, and that these 3 Plaintiffs be decreed to be the absolute owners in fee simple of the above-described real estate and be entitled to the quiet and peaceful possession thereof, and that said title be forever quieted in said Plaintiffs as against all claims of the Defendants, and each and all of them, and for such other and further relief as the Court may deem equitable in the premises. ATTORNEYS FOR PLAINTIFFS STATE OF IOWA ss: JOHNSON COUNTY 9_0J1,~2 7 ~3 ~~~ 2: T} ;~ ~ ~::~ I -:; =; ~"' 0 I ~ ~~ ~; 2:: - --<~ t-{._ ~~.:: :3 ~~ ~~~ ~~ -:.;... :;=; :::.: !n .-. ~. i .-.... C:) I, Kristine L. campion, being duly sworn, do state that I am one of the Plaintiffs in the above-entitled cause; that I have read the foregoing Petition and have knowledge of the facts contained therein; and that the allegations therein set forth are true as I verily believe. . ~JLWU_w i L~OJYLfil(mJ Kristine L. Cam ion STATE OF IOWA ss: JOHNSON COUNTY On this J~~ day of June, 1996, before me, a Notary PUblic, personally a~peared Stephen R. Campion, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. 4 State 05/1712007 11:05.FAX 3193566086 JOHNSON COl~ AUDITOR 141 001 " " ' .'\ .... ,/a, I ,',..") IN THE: DISTRICT COURT OF IOWA. IN AND FOR JpHNSOl!,.P~;t.J~!Y ".-.. ., STEPHEN R. CAMPION, KRISTINE L. CAMPION, WILLIAM JOHN O'HARRA, SOFIE O'HARRA, WILLIAM C. HOPP, KAREN MAE HOPP and JERRY WEAR, Plaintiffs, Fax II vs. ) ~ESSIE BOWEN, WILLIAM JESSIE BLAIR, ) LEONARD BLAIR, MARY ANN HOWELL, ) ELIZA BOWEN CADWALLADER, GEORGE ) CADWALLADER, ELLEN ZERILDA BEACH ) a/k/a ELLEN ZERILDA WOODSTOCK, ) ABEL BEACH, S. E. WOODSTOCK, ) JESSIE M. STERLING, JAMES W. STERLING, ) EMMA HORTENSE TILL PENDLETON, ) BRADFORD H. PENDLETON, HORTENSE E. ) PENDLETON, EMERY WESCOTT AND ) E. HORTENSE T. PENDLETON, and Their ) Unknown Heirs, Devisees, Grantees, ) Assignees, 'Successors in Interest ) and Their Unkno~n Spouses, and the ) Unknown Claimants of the following ) described real estate situated in ) Johnson County, Iowa, to wit: ) Commencing at the northwest corner ) of outlot 4 in Iowa city, Iowa, ) according to the recorded plat thereof, ) thence east 150. feet along the north ) line of said Outlot to the point of ) beginning, thence east 17 feet along ) the north line of said Outlot, thence ) south to the center of Ralston Creek, ) thence southwesterly along the cent~r ) of said Ralston Creek to a point due ) south of the point of beginning, ) thence north to the point of ) beginning, ) ) Defendants. ) STATE OF IOWA S5: Fax II Equity No. 057360 JUOGMENT AND DECREE ~ I" If Co ~ \ .r'~, "\ eJV '6 ~I,)' ~ ~ \() ,0 JOHNSON COUNTY' And now on this /t? day of December, 1996, it being later than the date fixed in the Original Notices for the appearance of the defendants herein, this matter comes on for hearing before the ~5/17'/2007 11: 05 ,FAX 3193566086 JOHNSON COl~ AUDITOR 141 002 court I the plaintiffs appean.ng by their Attorney, Douglas D. Ruppert, and no appearance having been made for the defendants or any of them, the Court no~ examines the original Notices in said actions and the returns of service thereon, and finds that due, legal and timely service of notice of the pendency of this action has peen given to each and all of the defendants herein, both kno~n and unknown, at least twenty (20) days prior to the date fixed ln the original Notices for the appearances of the defendants. An original Notice was filed with the petition in said cause, with the endorse:ment of the plaintiff's attorney thereon, selecting the Iowa City press cith;en of Iow-a city, Iowa as the newspaper in which said notice should be published as required by law, once each ~eek for three consecutive weeks, the last of which pUblications was made on the 2nd day of August,' 1996 and that due and legal service or original Notices on all said defendants, known or unknown, was completed more than 20 days prior to the date of this decree. The Court further finds that a legal and sufficient affidavit was filed in this action as required by law,' that all of the defendants are non-residents of the state of Iowa or that their residence. is unknown and that personal service of the original Notice in said action cannot and could not be made upon them within the State of Iowa. The Court further finds that it has jurisdiction of all of the parties to this action and of the subject matter thereof. The Court further finds that by an Order of this Court herein before entered, c. Peter Hayek, a regular practicing Attorney 2 05/17/2007 11:05.FAX 3193566086 JOHNSON COlmTY AlIDITOR ~003 practicing in Iowa city, Iowa, was appointed Guardian ad Litem for any and all of the defendants in this action, known or. unknown, who may be minors, or may be confined in a penitentiary, reformatory, state mental hospital or other institution, or who may have been judicially adjudged incompetentt or who may be other legal disability, and that said Guardian ad Litem has appeared and filed answer to petition on behalf of his wards. The Court further finds that by an Order of this Court, herein before made, said c. Peter Hayek has also been appointed as attorney for any defendants in said action, who may be in the military or naval services of the United States, including any and all other persons in any branch of the armed services of the United States as defined by the Federal statutes of the United states, or who may have been in such service and discharged within six ~onths before the commencement of this action and that said attorney has appeared and filed Answer on behalf of said defendants. The Court further finds that no appearances have been made for any of the defendants in this action except-for those whom Answers have been filed as herein before set out and that the default of all such defendants should be entered of record. It is therefore now ordered, adjudged and decreed by the Court that the said defendants, known and unknown, excepting those for whom Answers have been filed, and each and all of them, are hereby adjUdged to be in default for want of appearance, and the default of each and all of the defendants, excepting only those for whom Answers have been filed, is accordingly entered. 3 05/17/2007 11:05.FAX 3193566086 JOHNSON COlThITY AlIDITOR ~004 ; And said cause now coming on for hearing upon the default as herein entered, and the Answers filed as above, and the Court having read the pleadings he4ein, and having heard the evidence and the arguments of counsel, and being fully advised in the premises, finds that the allegations of plaintiff's Petition are true, and that the equities of said cause are with the plaintiffs and that plaintiffs are entitled to the relief de~anded. The cour.t speci fically find that the plaintiffs are the absolute owners in fee of all of the real estate referred to in plaintiff's Petition and hereinafter specifically described, and that said defendants, in each and all of them, have no right, title or interest in or lien upon said real estate, or any part thereof; that any right, title or interes~ that any of said defendants may ever have had in and to said premises, or. any part thereof, is junior and inferior to the title of these plaintiffs; that the pla.intiffs and their grantors have had open, notorious, continuous, exclusive, hostile and adverse possession of said real estate and every part thereof, under claim of right and color of title, for more than 10 year last past. The Court further finds and it is ordered, adjudged and decreed that any lien, claims or interest that said defendants or any of them, may ever have had in and to said real estate, or any part thereor, are now.barred by the statute of Limitations. The Court further finds that the names and residences of each and all of the unknown defendants are unknown to plaintiffS and 4 ?,5/17/2007 11:06.FAX 3193566086 JOHNSON C01~ A1IDITOR 141 005 that plaintiffs have made diligent search and inquiry to learn the same, but have been unable to do so- It is th.refor~ ordered, adjudged and decreed by the Court that the plaintiffs are the absolute and unqualified owners in fee simple, free and clear of all liens, and claims of the defendants situated in Iowa City, Johnson County, Iowa, to wit: and each and all of them, of the following described real estate, To Stephen R. campion and Kristine L. Campion: Commencing at the northwest corner of Outlot 4 in Iowa city, Iowa, according to the recorded plat thereof, thence east 150 feet along the IV north line of said outlot to the point of beginning, thence east 8 1/2 feet along the north line of said Outlot, thence south 70 feet, thence west 8 1/2 feet, thence north to the point of beginning. To William John O'Harra and Sofie Q'Harra: commencing at the northwest corner of Outlot 4 in Iowa citYf Iowa, according to the recorded plat thereof, thence east 150 feet along the north line of said Outlot, thence east 8 1/2 feet along the north line of said Outlot to the point of beginning, thence east 8 1/2 feet along the north lin~ of said Outlot, thence south to the center of Ralston Creek, thence southwesterly along the center of said Ralston Creek to a point due south of the point of beginning, thence north to the point of beginning. To William C. Hopp and Karen Mae Hopp: Commencing at the northwest corner of outlot 4 in Iowa city, Iowa, according to the recorded plat thereof, thence east 150 feet along the north line. of said outlot, thence south 70 teet to the point of beginning, thence east 8 1/2 feet, thence south 70 feet, thence west 8 1/2 feet, . thence north to the point of beginning. 5 L~ . i V- II t r ! '~. ~ >:... : ~~ . ':< ,. .. \.1 l- e ~.) ~ .- .J 05/17/2007 11:06 FAX 3193566086 . JOHNSON COUNTY AlIDITOR ~006 To Jerry Wear: Commencing at the northwest corner of Outlot 4 in Iowa city, Iowa, according to the recorded plat thereof, thence east 150 feet along the north line of said outlot, thence south 140 feet to the point of beginning, thence east 8 1/2 feet, thence south to the center of Ralston Creek, thence southwesterly along the center of said Ralston Creek to a point due south of the point of beginning, thence north to the point of beginning. Further, by virtue of agreement of the plaintiffs, it 1.5 further o~dered, adjudged and decreed that all of the plaintiffs, their respective heirs, successors in interest, assigns and grantees shall continue to have a right of ingress and egress over the entire tract which is the subject of this action. It is further ordered, adjUQged and decreed that said defendants, known and unknown, and each and all of them, are forever barred and estopped from having or claiming any right, title or interest in and to said real estate, or any part thereof, or any lien thereon, adverse to the title of plaintiffs he~ein and that the title of the plaintiffs are hereby foreve};" quieted as against all adverse claims of said defendants, or any of them, and ,. I'~~ ':..., ;.....:. , , , "" the said defendants are forever enjoined and re5traine~frpm ~ a~ , , ,". :. . " . I ',,::'1.. ':' ~:-) manner from interfering with plaintiff in their quiet an9:,~p.e.aeeabIe ~:.' .... :::) , possession thereof; and that the costs of this actm~.be..tax~d .__: ~~ :.'. ",':: . I : against the plaintiffs. ~~ :;~~ ~ ;:.~ .-- ..... So ordered at Iowa City, Iowa. the Sixth JUdicial Oistrict 6 ,";' ~.~.'. ::..; :-~~ ,..;:!.ll".ll':;';'" !~"'. ....- .. " . ,,",..... ,., ~.. 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I I 6~f1.QnIIJ.\fW-\l":l~).I"Nn'<;:''d).l-711':l)l1C::\ t)Mn\n-tn7QOI\<;:I~1f"f"\).I"'\ :... < Qnl11 'dW-\l':l':l~"Nf"\IC::1'd).l-711':1).lIC:: :S;II~ il:>U;J;li>~'t ('I: ;1:0 l: eJ5'E!dl Three Guys Holdings 24 N, Governor Estimated Income Statement Cost of Structure $195,000.00 Cost of Land $52,500,00 TOTAL $247,500.00 Monthly Income Statement Duplex Single Family Dwelling Estimated Land Taxes $383.33 $266.67 Maintenance $83.33 83.33 Management Fee $150.00 $75,00 Rental Permit $8,33 $4,16 Rent 2,700.00 1,500.00 Principal & Interest* $1,500.00 1,500,00 Income $575.00 ($512.50) *based on 7.25% loan, 75% Loan to Value Ratio amortized over 20 years MINUTES IOWA CITY BOARD OF ADJUSTMENT MAY 9,2007 - 5:00 PM EMMA J HARVAT HALL - IOWA CITY/CITY HALL CALL TO ORDER: Carol Alexander called the meeting to order at 5:00 pm. MEMBERS PRESENT: Carol Alexander, Michael Wright, Ned Wood, Michelle Payne, Edgar Thornton MEMBERS ABSENT: None STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Steven Ramirez, Tim Lynch, Randy Stevens RECOMMENDATION TO COUNCIL (become effective onlv after separate Council action): None CONSIDERATION OF THE MARCH 28TH, 2007 AND APRIL 11TH, 2007 MINUTES Wright noted that the Board is called the Iowa City Board of Adjustment, not "Adjustments". Wright noted that the word "Hutchison" should be spelled Hutchinson. Wright said that on page four, second paragraph, the measurement "1700 fi" should read 1700 sq. feet. Wright said on page 8 and 9, the name "Bus" should be spelled "Buss." Payne said on page 1, second to last paragraph, the phrase "an addition" should read "an additional property." She said on page 1 0, fourth paragraph, there is a run-on sentence that can be corrected with the phrase "the issue of." Wood said that on first page, last paragraph, the phrase "every want" should read "ever want." Wood said that in the same paragraph, the word "at" is missing from the fragment "there is a garage and carport the rear." MOTION: Payne moved to approve the March 28th, 2007 minutes as amended. Thornton seconded the motion. The motion was approved 5:0 Wood said that his name is spelled incorrectly as "Woods" in the April 11th, 2007 minutes. Wright noted that the Board is called the Board of Adjustment and not "Adjustments." Wright said that "Izaak Walton Road" is incorrectly referred to as "Izaak Walton League" on page 2 of the minutes. MOTION: Wright moved to approve the April 11th, 2007 minutes as amended. Wood seconded the motion. The motion was approved 5:0 EXC07 -00004 Discussion of an application submitted by USCOC of Greater Iowa, Inc. for a special exception to allow location of a cell phone tower for property located in the Intensive Commercial (C1-1) zone at 612 Olympic Court. Walz said that the property is in CI-1 zone as shown on the map. Walz showed that while the property is a bit "set off' from general public view, it is visible from Keokuk Street. Walz said that the nearest residential zones are more than 400 feet away. Walz showed an aerial view of the property and the amount of open space between Keokuk Street and the property. Walz said that one of the specific criteria is that the proposed tower cannot be served by an existing tower or industrial property or by locating antennae on existing structures in the area. Walz said there are no appropriate structures in the area for Board of Adjustment May 9, 2007 Page 2 the applicant to "co-locate" on. Walz said the proposed tower would be camouflaged in order to reduce visual impact. Walz said that a few months ago the board had considered another application in a CC-2 zone. That tower was to be disguised as a clock tower. Staff felt that in this location, the tower should be discrete but not necessarily disguised as something other than what it is. Staff felt that this current design does not call attention to itself-no strobe lighting, guy wires or trusses. Walz said that the overall structure wouldn't stand out or detract from the zone. Walz said that when the applicant first came in, they proposed a shorter tower, at a fifty-foot height. This height, Walz noted, would not accommodate co-location, which is something that is encouraged in the code. Staff felt that an increase to 60 feet would be appropriate to allow for future co-location. That way more antennae could be served by fewer towers. Walz said the proposed tower would be set back at least a distance equal to the height of the tower. Walz said that equipment would be stored away in a shed with a PVC fence around it, which will adequately screen the shed from public view. Walz said the tower would not utilize a back-up generator. Walz said that with the increased height, the tower could accommodate up to 2 additional users. Walz said that the applicant has agreed to remove the tower or any associated equipment should the tower be discontinued. Walz summarized the general standards and codes. She said that Staff's biggest concern with the proposed tower was the detraction it would have from neighboring uses but being that it is in the CI-1 zone, Staff did not feel that this design was inappropriate. Staff did not feel that this tower would generate additional traffic in the area, save for maintenance of the tower. Walz said that Staff believed this design met the general criteria. Payne asked about the sketch of the design as provided by applicant and whether it showed the fence screening. Walz pointed out the sketch, which was included in the packet. Public Hearina Open Tim Lynch, U.S. Cellular of Greater Iowa, Inc., said that he would answer the questions of the Board and highlight a couple of things. Lynch said the fence would be bone colored. He said that they used PVC because it requires less maintenance and lasts longer. Lynch said that the area has some cell phone coverage already. However, he said that there is a depression in the geography of the area and the problem is a matter of reliability. Lynch said that while there is some signal strength, his company is trying to provide more reliable service. Lynch said that there is not a strong signal currently. Lynch asked for questions. Payne asked about the light fixture. Lynch said that his company is amenable to any light fixture the Board prefers. Lynch said he could go with the "shoe box" type, although they had proposed the other type, as illustrated in one of the sketches. Wright asked if the box style light would cause less light pollution. Lynch said he didn't know if it would have any bearing. Walz said that in either case, the lights have to meet the standards in the code, which deal with brightness and light trespass. Lynch said that the tower would look like what was being shown in the photo simulation. Lynch said that the "shroud" that covers the actual antennae would extend further down then as illustrated on the photo simulation. Thornton asked whether the "shroud" would have to be removed if other companies choose to use the tower. Lynch said no, not permanently. The shroud would be lifted of during installation and then replaced. Payne asked if the tower shed was large enough for other users. Lynch said probably, but that there would most likely be other sheds built for storage, depending on the company. Lynch said the size of the fenced enclosure is 30 x 30 feet. Randy Stevens, 1929 Keokuk, noted his property on the overhead projection. He asked why this tower needed to go in that particular location. He said when he bought the property in 1983, the area was land locked and the view with a fifty-foot tower is not very pleasing. Stevens asked why the tower has to be in an area that is already developed. Stevens said that there is undeveloped land along Southgate and why can't the tower go there? Stevens said that the tenants and customers of his building would be affected by such a tower. Board of Adjustment May 9, 2007 Page 3 Lynch said that the tower needs to be constructed in the proposed area. Lynch said that if the tower were moved towards Southgate, the tower would be closer to residential areas. Lynch said that because of the airport runways, they were limited as to where they could build the tower. They are also limited by the location of the ridgeline in the area. Lynch said that of the locations they looked at it, they felt this was one of the best locations. Lynch said that they have tried to design it with careful regard to the surrounding properties. He said he understood Mr. Stevens concerns about having to look at a tower, but that he felt the company had come up with the most appropriate design for this location. Lynch said that all of these factors went into the decision of choosing the current proposed location. Lynch said that he feels like U.S. Cellular has struck a good compromise in terms of location and design. Stevens said that the tower looks like it's being hidden, however, as an owner, he doesn't want to walk out of his office and see a sixty-foot tower. Stevens said that he's thinking there are other areas in that immediate area where there is no construction yet and why can't the tower go there? Stevens said that if there had been a tower back 1983, he'd have reconsidered his purchase. Stevens said there are 3 businesses that would be affected. Thornton asked Stevens to expand upon why he feels this tower would have an impact on his business. Stevens said that this tower will not affect State Farm Insurance, which is his business, but it is an aesthetic issue. Public Hearinq Closed MOTION: Payne moved that EXC07-00004, an application submitted by USCOC of Greater Iowa, Inc. for a special exception to allow location of a cell phone tower for property located in the Intensive Commercial (C1-1) zone at 612 Olympic Court, be approved. Wood seconded the motion. Wright said that the proposed tower would be erected in an area with limited signal reliability. Wright said that the tower would be filling a gap in that particular coverage area. Wright said that the tower would be constructed to be as inconspicuous as a cell phone tower can be. Wright said the proposed height of 60 feet does at least mitigate the effect of a bunch of different antennae sticking out all over the place. Wright said that if the tower were in an undeveloped area, it would stick out like a sore thumb. Wright said that the design is as unobtrusive as you're going to get. Wright said that it won't' be taller than necessary. Wright said the tower is set back well within the confines of the required height of such towers. Wright said that the fence around the property is adequate and the tower will not use a back-up generator. Wright said that the tower is being designed to accommodate additional users as well as it is camouflaged from public view. Wright noted that if the use of the tower were discontinued, it would be removed. Wright said that this exception would not be a danger to public welfare. It meets federal standards. Wright said that the tower could withstand 75-mile an hour winds as well as the presence of ice. Wright said that should the tower collapse, it would not cause damage to close-by structures. Wright said that it will not be injurious to existing surrounding property and will not diminish property values in the neighborhood. Wright reiterated that this design is as inconspicuous as it's going to get. Wright said the design and height are appropriate for where it sits. Wright said that establishment of this tower will not impede normal development in the zone nor will it impede future projects. Wright said the road is adequate for the traffic traveling to maintain the tower. Wright said that adequate measure for ingress and egress has been taken with regards to the construction of this tower. Wright said the lighting would meet all applicable standards of lighting codes. Wright said that the proposed structure would not detract from commercial uses of this location. Wright said that for all these reasons, he would be voting in favor. Wood said that he has no concerns except for those brought up by Randy Stevens. Wood said that it will not be injurious to use and enjoyment of surrounding property. He will be voting in favor. Thornton said that he understands the tower is not the greatest looking thing in the world, but the set back fits within the existing buildings. Thornton said it blends in and it meets the future communication needs of that particular part of the city. Thornton said that he would be voting in favor. Payne said that she'd like to clarify that part of the antennae, the lightning rod, will stick out of the shroud. Other than that, Payne said, she agrees with her colleagues. She will vote in favor. Board of Adjustment May 9, 2007 Page 4 Alexander said she too would vote in favor. 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