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Home My WebLink About2013-07-03 Info Packet• CITY COUNCIL INFORMATION- PACKET CITY OF IOWA CITY www.icgov.org July 3, 2013 IP1 Council Tentative Meeting Schedule MISCELLANEOUS IP2 Notice of Public Forum from Asst. to the City Manager: Energy Efficiency in Iowa City's Rental Housing: Solutions to the Split Incentive IP3 Memo from City Clerk: Agenda Items for Joint Meeting July 29, 2013 IP4 Information from City Clerk: Certificate of Sufficiency - Ordinance repealing Ordinance 10 -4388 amending the bar entry age from nineteen (19) years of age to the "legal age" which is currently twenty -one (21) years of age IP5 Memo from Parks & Rec. Dir.: Terry Trueblood Grand Opening Event IP6 Civil Service Entrance Examination: Construction Inspector II IP7 Copy of letter from Board of Supervisors: Johnson County SEATS Paratransit Advisory Committee appointments DRAFT MINUTES IP8 Board of Adjustment: June 12 ui -us -1s IN *-� - City Council Tentative Meeting Schedule Subject to change July 3, 2013 CITY OF IOWA CITY Date Time Meeting Location k.: ', Tuesday, July16, 2013 4:00 PM Spec. Formal /Exec. Session /Evaluation Emma J. Harvat Hall IM Tuesday, July 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall 1 i 1: II t 0 II1 1 i��. � �, .. 1��9PMI �..:.�.�h� M Monday, July 29, 2013 4:30 PM Joint Meeting /Work Session North Liberty i'll "�IIIj C lii�'� 6Q is =.tali 11 iil 11'�'a;. ill "Ell i ihl I ", ii l i l 7i a _ m Tuesday, August 6, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall ihl '� +i� iI h .�iil(( _ "'If1I �hh� ipiill II�'iUP'..i Tuesday, August 20, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall I' dll hm i� IiI 1 r a,`a i; ii ji I� Ism d +) Tuesday, September 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall i ( Gi l Tuesday, September 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM UFormi- al Meeting P7 Emma J. . Harvat H� ' a�l' l ' O SW y ' I 7 . �= I Tuesday, October 1, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall iii0, Tuesday, October 15, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall 11 M�xt y M Ik4�l �FP4rr III , y Ia¢t rya '" I' ' AM, a �hn:`',i Tuesday, November 12, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall ii II f tq, � =o;P Ii I§ re �nGL,i I � ,iilllo 'i' iii,,, Tuesday, November 26, 2013 Noon -6PM Strategic Planning TBA "fvii r k�'�' IN > > !.x�,g,ikw�o-llill_J iiP Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall N I, i II i „r.. i iii ( I i i i c ' � Is i ar�hl ��'i u i �ryr'?5; ainsl Ii L,n+Pii IT li, Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall From the Asst. to the City Manager IP2 PUBLIC FORUM Energy Efficiency in Iowa City's Rental Housing, Solutions to the Split Incentive Join us for an interactive, solutions- focused event that will explore mutually beneficial solutions to improving energy efficiency in Iowa City's rental housing. At each forum listed below, speakers will outline the issue, challenges and resources, followed by interactive group discussion. We look forward to your participation and feedback in one of the two events listed below. Forum 1: Monday, July 8, 5 — 6 p.m. at the Iowa City Public Library 123 S Linn St, Iowa City, Meeting Room B RSVP requested: http: / /icourpower07O8.eventbrite.com Forum 2: Tuesday, July 16, 6 — 7 p.m. at Mercer Park /Scanlon Gymnasium 2701 Bradford Dr, Iowa City, Proctor & Gamble Room RSVP requested: http: / /icourpower07l6.eventbrite.com Open to the public. Light refreshments will be served. For more information about this event contact Sheila Samuelson at (319)- 400 -8285 and sheila (cDbrightgreenstrategV.com or Iowa City Summer of Solutions at iowacitysosCcDgmail.com. Hosted by SUMM S IOWA (ITY CITY OF IOWA CITY MEMORANDUM DATE: July 3, 2013 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Agenda Items for Joint meeting of July 29, 2013 North Liberty will host the next joint meeting on Monday, July 29th, at 4:30 PM in the Conference Room of the new library, 520 West Cherry Street. There will be light refreshments and an opportunity to mingle starting at 4:00 PM. Please provide me suggestions for agenda items by Wednesday, July 17. After review by the Mayor, I will notify North Liberty of agenda items. A complete agenda will be distributed in your information packet prior to the meeting. Thanks for your cooperation. S:joint request for council tems.doc IN owth city or %1% 1 C � CERTIFICATE OF SUFFICIENCY STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 1, Marian K. Kan', City Clerk, do hereby certify that I have examined the petition submitted by George Wittgraf III on June 10, 2013, which proposed to repeal Ordinance Mo. 10 -4388, which amended the bar entry age from nineteen (19) years of age to the "legal age ", which is currently twenty -one (2 1) years of age and I find that it is sufficient as defined by Article VII, Home Rule Charter of the City of Iowa City. A total of 2,500 valid signatures are required and upon review the petition contained 2,604. Witness my hand this 291hh day of June, 2013. 2U4�� ze Maria Karr, City Clerk Subscribed in my presence and sworn to before me by Marian K. Karr this 29th day of June, 2013. . Va Not*Aiy,btblic in and for Johnson County, Iowa '11311w CITY OF IOWA CITY MEMORANDUM Date: July 3, 2013 To: City Council From: Michael Moran, Parks & Recreation Director Re: Terry Trueblood Grand Opening Event On behalf of the Parks and Recreation Department and the Parks and Recreation Commission, I would like to announce that the Grand Opening of the Terry Trueblood Recreation Area will be on Saturday, August 24, 2013 from 10am -noon. Then on Sunday, August 25, we will be hosting a cancer walk in honor of Terry Trueblood beginning at 1 p.m. All activities will be held in the Park Lodge. You will receive a formal invitation as we approach the event but wanted you to have the chance to put these events on your calendars as soon as possible. More information about both events is forthcoming. 07-03-� IP5 07 -03 -13 IP6 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 -5000 (319) 356 -5009 FAX ovwwJcgov.org July 1, 2013 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Construction Inspector If Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Construction Inspector II, Eric Tjeimeland IOWA CITY CIVIL SERVICE COMMISSION Lyra . Dickerson, Chair Johnson ' � County BOARD OF SUPERVISORS Janelle Rettig, Chairperson Terrence Neuzil John Etheredge Rod Sullivan Pat Hamey N O V1 June 27, 2013 f7-G N < M a M Marian Karr � City Clerk 410 East Washington Street o Iowa City, Iowa 52240 Dear Marian: During the formal meeting of the Board of Supervisors on June 27, 2013, the Board appointed Terry Cunningham to serve on the Johnson County SEATS Paratransit Advisory Committee. Lynne Stamus served two consecutive terms, so Ms. Stamus was not reappointed. Harry Olmstead was reappointed and Scott Wieser resigned. I have enclosed for your reference an updated list of names and addresses. If you have any questions, please feel free to give me a call. Sincerely, Janel tig Chairperson JR/jh Enclosure 913 SOUTH DUBUQUE STREET, SUITE 201 ♦ IOWA CITY, IOWA 52240 -4207 ♦ PHONE: (319) 356 -6000 ♦ FAX: (319) 356 -6036 TERM TERM BEGINS EXPIRES Vicky Robrock - Appointed by the Coralville July 1 June 30 City of Coralville Representative City Council 2011 2013 P.O. BOX 5127 Coralville, Iowa 52241 Res: 248 -1790 Rick Dobyns - Appointed by the Iowa City City July 1 June 30 City of Iowa City Representative Council 2012 2014 City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Res: 356 -5000 Loren Schmitt June 14 June 30 1220 village Road, Apt. 14 2012 2014 Iowa City, Iowa 52240 Res: 331 -2986 Terry Cunningham July 1 June 30 554 West Side Drive 2013 2015 Iowa City, Iowa 52246 Res: 338 -7481 Terry Dickens - Appointed by the Iowa City July 1 June 30 City of Iowa City Representative City Council 2013 2015 City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Res: 356 -5000 Harry Olmstead July 1 June 30 1951 Hannahg Jo Court 2013 2015 Iowa City, Iowa 52240 Res: 338 - 2931 .-- _CIV C3 9.0 � A Qo EX- OFFICIO'S MEMBERS Roger Goedken Goodwill Industries of SE Iowa 1410 South First Avenue Iowa City, Iowa 52240 Bus: 337 -4158 Marc Rahe Goodwill Industries of SE Iowa 1410 South First Avenue Iowa City, Iowa 52240 Bus: 337 -4158 Ron Schieffer 1705 South I s' Avenue Iowa City, Iowa 52240 Ann Trotter 2875 Triple Crown Lane #10 Iowa City, Iowa 52240 Res: 621 -1758 Mary Wiemann Executive Director Elder Services, Inc. 1556 South First Avenue, Suite A Iowa City, Iowa 52240 Bus: 338 -0515 Dion Williams 2533 Scott Boulevard SE Iowa City, Iowa 52240 Res: 248 -1079 CD c� C-#-< �..- a 0 07-37-77� IP8 0�� MINUTES PRELIMINARY BOARD OF ADJUSTMENT JUNE 12, 2013 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Brock Grenis, Becky Soglin MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Andrew Bassman, Sarah Holecek OTHERS PRESENT: Mike Pugh, Dick Noble, Nate van der Weide RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Grenis outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF May 8. 2013 MEETING MINUTES Baker moved to approve the minutes. Soglin seconded the motion. A vote was taken and the motion carried 4 -0. SPECIAL EXCEPTION ITEMS EXC13- 00008: Discussion of an application submitted by Prime Ventures Construction, Inc., for a special exception to reduce the rear setback requirement for property located in the OPD -5 zone at 826 Sugar Loaf Circle. Bassman said the reduced rear setback would be from twenty feet to fourteen feet and would allow for construction of a twelve foot by twelve foot screened in porch extending from the rear of the second story of the house as well as a covered deck extending below the porch at the first floor level. He explained that a covered porch is not allowed by Code to extend into the rear setback. He said the applicant has already built the screened in porch and the covered deck Board of Adjustment June 12, 2013 Page 2 of 9 although he did not have a building permit to do so. He said the subject lot is relatively shallow and relatively small. He said there is a relatively steep slope at the back of the property, which limits private yard space. He said the main issue of the special exception is whether it conflicts with the purposes of the minimum setback requirements as listed in the staff report. He said staff has found that granting the exception will not be contrary to the purpose of the setback regulations because: • Allowing a modest setback reduction of six feet along the rear of the property, abutting permanent open space, would not alter the character of the street or neighborhood. • The porch must remain unenclosed as a condition of approval of this special exception, so it would not restrict access to light and air or separation for fire protection, encroach on the privacy between dwellings, or promote an unreasonable physical relationship between residences. • The houses to the east and southeast of the subject property also have rear porches. Thus, the proposed porch would not be out of scale or inconsistent with the rest of the structures in the neighborhood, as long as the porch remains unenclosed. Therefore, staff believes that the proposal does not conflict with the purpose of the setback requirements and recommends approval of the application with conditions stated in the staff report. Baker asked if the house is occupied now. Walz said she did not know. Baker asked how this came to happen. Walz said she thought it was an accident. Walz suggested that the Board review the application as if the porch were not already constructed. Baker said his concern is with people not understanding the rules and then coming to the Board to have the rules adjusted to allow something they've already done. Walz said the Board's job is to review it as if it doesn't exist. Soglin asked about the property zone listed on the applicant's form. Walz explained that SAOis an old zoning code designation pertaining to planned development for a sensitive area. In this case the developer set aside open space to preserve certain natural features and in exchange this allowed the developer to make some lots smaller than the minimum required in the RS -5 zone. Under the current code this would be labeled OPD for Planned Development Overlay Soglin asked if it would set precedent if the Board approved this application. Walz said that no special exception or variance is precedent setting for another. She said the Board must consider each individual application based on its own merits. Chrischilles said it forces the Board's hand in that it is already built. Walz said it does not. She said the Board needs to be concerned with the findings of fact. She said it's being already built does not make it meet the standards. Baker said he wants to know who's responsible, not just in this case, for knowing the Code before something gets built. Holecek said the builder submits plans, which are approved, and then the builder does the building according to those plans. Chrischilles said a formal precedent wouldn't be set, but an informal one would be set because it would let other people in the area know that something got built incorrectly so they can just ask for forgiveness later. Walz said that many of the factors in this case would not apply to other Board of Adjustment June 12, 2013 Page 3 of 9 properties in the vicinity. Walz said again that the Board needs to review the request based on the criteria for the special exception. Grenis asked if the applicant had any penalty charged to them by the Building Department. Walz said that's a question best put to the applicant. Baker asked if it was the Building Department in the permitting process that discovered the error. Holecek said she guessed that when they applied for an occupancy permit a final inspection was done, and it was determined that this was not built according to the plans, and that it encroached into the rear setback. She said this was also a question best answered by the applicant. Mike Pugh, the representative for Prime Ventures Construction, explained that when the building permit was applied for, the plan was for a patio on the first floor and an uncovered deck above. He said that during the course of construction, they discovered that the slope in the back of the house was not conducive to laying cement for a patio. He said there was a miscommunication between people in the builder's office where each thought the other was going to get an amendment to the building permit. He said he didn't believe that they ever thought they would need a special exception. He said during the final inspection it came up that they would need a special exception, which is not something they would need in North Liberty or Coralville. Pugh said the topography of the lot makes it difficult to use the backyard. He noted that beyond the woods at the back of the backyard is an outlot that is subject to a drainage easement and is reserved for open space so that will never get built on. He said the screened in porch is built on the westerly part of the lot, and there isn't a neighbor who is immediately to the west of or behind them. He said were this to happen on another lot, it would be determined on a case by case basis, and they feel that a special exception would be warranted in this case if you look at the special and general conditions. He said they do adopt the information and arguments that were presented by staff in their report, and the applicant is in agreement with the conditions recommended by staff. Baker asked if they approached this special exception based on these facts only, and the addition was not already built, the special exception would most probably be approved. He said what if a property owner did the same thing, but it's found when they come before the Board that they don't deserve a special exception, and it goes to court and the judge upholds the City's ruling. He then asked if the owner has any vested right to continue because the addition exists now. He said they have these applications come before the Board in which people said they just didn't know what the rules were. He said he anticipates where eventually they will have a case come before the Board where the Board will want what's been done to be undone. Walz said that has happened before. Holecek told Baker that vested rights really pertain to you having the ability to rely on a lawfully issued permit, and if the law changes during your reliance on that permit, your vested rights give you the right to continue construction under the permit that has been issued. She said vested rights do not pertain in this case. Walz said special exceptions are written into the Code because there are circumstances in which it is reasonable to be flexible, but not in every situation. The zoning code gives the Board a set of criteria specific to setback reductions and allows them to judge whether that flexibility is Board of Adjustment June 12, 2013 Page 4 of 9 warranted on a case -by -case basis. She said in this case staff looked at what the purpose of the setback regulations are and whether the building meets all the other standards. Given that this is a rear setback request and there is no private development on the other side of the property line and, given the other criteria, it seemed that this request was in keeping with the intent of the setback regulations. Soglin asked if this home is for sale. Pugh said it is. Soglin asked whether their sales document include information explaining the situation. Pugh said there will be an obligation on the part of the person listing the property to inform buyers of that issue. Grenis asked if they had an occupancy permit. Pugh said they did. Grenis opened public hearing. Grenis closed public hearing. Baker repeated that his concern is not so much with this particular application but with the process the Boards goes through in comparable cases coming in the future. Soglin said she thinks something should be stated in the sales documents for the purchaser of this home that it could never have walls built around it or windows installed. Holecek said the special exception will get recorded, which will attach to the abstract, which will then be noted by the attorney who does the title opinion at closing. Soglin said she would like it noted on the seller's disclosure. She said her concern is that someone could think they could make it a three season porch, and then it's even further away from what it originally was. Pugh said that would be recorded in the records of the Johnson County Recorder, and his expectation is that whoever is looking at the title for the buyer would report that in that opinion to the prospective buyer. Soglin clarified that she thinks it should be explicit on the seller's disclosure that first time that it's sold and thereafter. Walz said that it would be possible to ask the current seller to do that, but she's not sure there is any way to enforce putting in disclosures thereafter. Pugh agreed with Walz. Soglin asked if it could be clearly stated on the first disclosure statement and not just in the title opinion. Pugh said he's sure that will be done. Walz said that the Board could recommend that it be disclosed that it's a screened porch and deck that may not be enclosed. Baker moved to approve EXC13- 00008, a special exception to reduce the rear principal building setback from 20 feet to 14 feet in order to allow a 12 -foot by 12 -foot screened -in porch for property located at 826 Sugar Loaf Circle, subject to the following conditions: Board of Adjustment June 12, 2013 Page 5 of 9 1. The applicant must secure a building permit for the 12 x 12 -foot porch and covered deck. 2. Both the first floor deck and the second floor screened porch must be un- enclosed. The installation of windows or solid walls on either level would constitute an extension of the principal structure, which would not be permitted. This restriction should be included with the seller's disclosure for the first sale of the house. Chrischilles seconded the motion. Chrischilles said regarding EXC13 -00008 he concurs with the findings set forth in the staff report of June 12th and concludes that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommended that the Board adopt the findings in the staff report for the approval of this proposal. The other Board members concurred with those findings. A vote was taken and the motion carried 4 -0. Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. EXC13- 00009: Discussion of an application submitted by the University of Iowa Community Credit Union for a special exception to allow a drive - through use for property located in the CO -1 zone at the southwest corner of N. Dodge St. and Scott Blvd. Walz said the subject property was rezoned from Research Development Park (RDP) to Office Commercial (CO -1) in November, 2008. A special exception was approved for a similar three - lane drive through facility at that time, but because the banking facility was not constructed within the six -month term of the special exception, the exception is considered expired. The applicant is now going forward with plans to construct a much smaller facility at the site, a bank branch. (The proposed building and parking area are significantly smaller than the original proposal.) Walz said one of main issues with drive - throughs is ensuring that it's safe for pedestrians moving across the site. She explained how signage will be used on site to that end. She showed where staff is recommending that the applicant add landscaping. She said there is more than adequate stacking space on this site. She showed photos of the intersection and where the drives to the credit union will be located. She said the turning situation had been reviewed at the time of the special exception in 2008 by the Fire Department on the opposite corner, and was reviewed again for the current special exception, and they have no issues with it or trouble with turns onto their site. She said the Transportation Planners feel that it's a safe situation. She said staff is recommending approval of the application with conditions. She provided the board with a memo with additional information from the Transportation Planners regarding the design of the road and the anticipated impact of the drive - through. Soglin asked if a special exception would be needed if there were no drive - through attached. Walz said no exception would be required. She explained that for a long time this site has been zoned for office type uses. She said that only banking facilities are allowed to have drive - throughs in the CO -1 zone. Board of Adjustment June 12, 2013 Page 6 of 9 Grenis asked if the bank owned the whole lot so that further development would be theirs. Walz said if they were to develop it with a building at some point they would have to amend the original rezoning. Soglin asked about the lights. Walz explained where there was already well established vegetation to the west of the parking area, and the one area staff thought should have additional vegetation shown on the site plan was at the end of the north /south driveway for the bank parking area. Grenis invited the applicant to speak. Dick Noble of the University of Iowa Community Credit Union said he was present with their architects to answer any questions. Grenis said the application is now for a branch bank now and asked what the difference is between that and the 2008 application. Noble said they realized that with their growth, the administrative portion of the building was not going to be big enough. Soglin said the staff report indicates that the credit union expects one - thousand vehicles per day entering and exiting the proposed bank because the drive - throughs are over time being used less. She asked what would happen to the drive - through in ten or fifteen years. Noble said this drive - through will have two instead of the three lanes at all their other branches, and he expects less than one - thousand vehicles a day at this branch. Grenis opened public hearing. Nate van der Weide of 15 Hickory Heights Lane said he's concerned about the additional traffic and the turning lane off Dodge Street onto Scott Street that some drivers use as a passing lane. He said he was also concerned about the vegetation being put up along the sidewalk. Walz said there is nearly enough room for a car pull all the way across the sidewalk to wait for traffic. She said the vegetation the applicant is required to put in is on the credit union's property so it's in from the sidewalk. She said it is low vegetation and is intended to block headlights and shouldn't create a visibility issue for a vehicle exiting across the extra wide sidewalk. Van der Weide said he's concerned about how much backed -up traffic there will be once the renovation on Dubuque Street begins, because Scott and Dodge will be used for detours. Walz said that at particular times of day, the traffic does back up there, but the Transportation Planners do not feel that this drive - through will contribute significantly to congestion or that it's a safety concern. Van der Weide said there are lots of other sites along North Dodge that would be bigger, and he doesn't like seeing the proposed building stuck on this corner. He said if there turns out to be lots accidents, what is the recourse. Walz said they don't anticipate having a crash problem here, but if there was, the Transportation Planners would look at ways of to improve traffic safety whether at the Dodge /Scott intersection or elsewhere along the road. Grenis closed public hearing. Board of Adjustment June 12, 2013 Page 7 of 9 Soglin stated that she appreciates the neighbor's observation and concerns, and she has also seen drivers use the southbound left lane as a passing lane at high rates of speed. She said she'd like the Transportation Planners to be seriously aware of watching what happens. Baker asked about widening a lane or a street if there proves to eventually be a traffic problem here. Walz said she can't specifically say what they would do, but if over time there is more development in the area such that traffic potentially exceeds the capacity of the street, would trigger the City to widen the road or modify traffic controls. She pointed out Sycamore Mail area along Kirkwood as a place where the road is being modified in order to accommodate traffic concerns. Baker asked who would acquire the land to expand. Walz said this is a newer arterial road which is wider to accommodate additional growth. Soglin moved to approve EXC13- 00009, a special exception to allow a three -lane drive - through banking facility in the CO -1 zone, located south of Dodge Street and west of Scott Boulevard subject to the following condition: • Substantial compliance with the submitted site plan, with the addition of traffic signage and required pavement markings for the pedestrian crossings in the area of the drive - through and bank entrance and additional S2 landscape screening to be added to the south end of the north -south driveway. Baker seconded the motion. Baker said that regarding EXC13 -00009 a special exception to allow a three -lane drivethrough banking facility in the CO -1 zone he concurs with the findings set forth in the staff report of June 12th and concluded that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommended that the Board adopt the findings of the staff report as their findings for the approval of this proposal. He said he would to emphasize that this is an area where traffic patterns should be monitored regularly and at the first sign of a substantial increase in accidents or other safety issues the City seek some sort of mitigation for any problems that might be created in the long term. Grenis said he agreed with Larry and added that for Criteria B regarding that the transportation system be capable it's not perfect, but based on the information the Board has in the staff report, based on the Traffic Engineer recommendations that it's adequate. Soglin agreed that this is adequate but there needs to be monitoring once it's constructed. A vote was taken and the motion carried 4 -0. Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. OTHER: Board of Adjustment June 12, 2013 Page 8 of 9 BOARD OF ADJUSTMENT INFORMATION: ADJOURNMENT: Baker moved to adjourn. Soglin seconded. The meeting was adjourned on a 4 -0 vote. F- z W N 7 °a LL O OC Q m O OC V W Ix W z a z W 1- H a M r O N N T" O N N X X X X x x x x x X X X X X M LU X x X X M co X x o x X N r X x x X N x x X x X N T X x X X X T CD c X X 0 X o T LU x X X X j T LU X X X X Iz X X x o X f0 v LO 00 00 Wa C) 0 0 0 0 0 N N N N N N LU - H W z W LV z H J J V W J W W Y W J 3 V w a m = vs m J V z z N 0 a w x z x a N N z m C9 V � d y U X W N a << n u u XOO LLI w Y N E CD 0 z n