HomeMy WebLinkAbout05-09-2018 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, May 9, 2018 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
1-M:no IKen II
C. Consider the February 14, 2018 minutes
D. Special Exception Items
1. An application submitted by Kum & Go, LC for a special exception to allow a Quick
Vehicle Service Use within the Towncrest Redevelopment Area at 2303 Muscatine
Avenue. (EXC18-00003)
2. An application submitted by Matthieu and Jacqueline Biger for a special exception to
reduce the rear principal building setback for property located in the Neighborhood
Stabilization Residential (RNS-12) zone at 519 North Johnson Street. (EXC18-00004)
3. An application submitted by Ranshaw Limited Partnership for a special exception to
allow a vertical expansion of the existing building within the rear principal building
setback for property located in the Community Commercial (CC-2) zone at 424 Highway
1 W. (EXC18-00005)
E. Board Discussion
This is an opportunity for the Board to ask any general questions about its role or
issues related to review of applications.
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, June 13, 2018
If you will need disability -related accommodations in order to participate in this meeting, please contact
Sarah Walz, Urban Planning at 319-356-5239 or at sarah-walz@iowa-city.org. Early requests are strongly
encouraged to allow sufficient time to meet your access needs.
STAFF REPORT
To: Board of Adjustment
Item: EXC18-00003
Kum and Go Muscatine & First Aves.
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner:
Requested Action:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable code sections:
File Date:
Prepared by: Sarah Walz
Date: May 9, 2018
Kum and Go LC
6400 Westown Parkway
West Des Moines, IA 50266
Brian Boelk
HBK Engineering
509 S. Gilbert Street
Iowa City, IA 52240
Kum and Go LC
To allow for the consolidation of two gas stations into
one within the Towcrest Design Review District.
2303 Muscatine Avenue
0.95 acres
Commercial -Quick Vehicle Servicing and
Residential (CC-2-ODR)
North: Commercial Commercial (CC-2)
South: Office (CO-1/ODR)
East: Commercial (CC-2)
West: Vacant (CC-2)
Specific criteria for Quick Vehicle Service Uses,
1413-413-12; General special exception criteria,
14-4B-3A; Central Business site development
standards for parking, drives, and landscaping,
14-2C-8 G and H; Access Management standards,
14-5C-4.
March 22, 2018
BACKGROUND: The City Council recently approved the rezoning of properties at 2303 and 2315
Muscatine Avenue and 1010 and 1022 First Avenue and 1025 Wade Street to allow for the
proposed redevelopment or the gas station and a reconfiguration of parking for the adjacent Iowa
City Hospice. (A re -subdivision of the properties is pending.) The proposed redevelopment will
consolidate two existing gas stations. A portion of 1025 Wade Street, which provides parking for
Iowa City Hospice, will be added to the Kum & Go site along with a small portion of 1022 First
Avenue. In exchange, most of the property associated with 1010 and 1025 First Avenue will be
added to the Iowa City Hospice site. As a condition of the rezoning, the applicant made a 6.5-foot
wide right-of-way dedication to allow a setback between the street and sidewalk along First Avenue.
The new zoning designation is Community Commercial with an Design Review Overlay
(CC2/ODR). The CC-2 zone is intended to provide commercial centers for businesses that serve
large segments of the community population, including uses that generate significant traffic and
require access from arterial streets. The ODR refers to the design standards associated with the
Towncrest Commercial Area.
The Towncrest commercial area originated as a medical office park in the later 1950s and early
1960s. What was once a suburban model of auto -oriented development is now a more urban area
surrounded by a diverse walkable neighborhood, including local schools, parks, trails, a recreation
center and diverse housing. Over the years, a lack of re -investment led to a decline in conditions in
portions of the district. The Southeast District Plan identified this area for targeted reinvestment. As
a result the Towncrest Urban Renewal Area was created in order to re-stablish Towncrest as a vital
commercial center and a point of focus and renewed interest for business development in east Iowa
City. A Design Review District was adopted in 2010, which provides details on streetscape design,
architectural character, open space, and signage and wayfinding to provide guidance on
redevelopment in this area.
Currently, the two existing gas stations provide a total of 6 fuel pump islands (space for 12 cars to
access fuel). A total of 20 parking spaces are provided. The existing parking does not meet current
parking design standards. A total of 5 curb cuts are provided for the two stations. These curb cuts
do not meet spacing or size standards. Both properties are almost completely covered in pavement
or building, save for a small setback along the north edge of the BP property at 2315 Muscatine.
The proposed redevelopment will consolidate and relocate curb cuts. The new station shows the
same number of gas pumps. In all 23 parking spaces are proposed. A single convenience store
building will be located along First Avenue near the intersection with Muscatine Avenue.
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 may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included for Section 14B-4B-12 pertaining to Quick Vehicle Service Uses in addition to
the general approval criteria for special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on the
attached application form. Staff comments related to the speck and general approval criteria are
set forth below.
Specific Standards (14-4B-4B-12)
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes,
must be screened from the public right-of-way to the S2 standard and to the S3 standard along
any side or rear lot line that abuts a residential zone boundary.
FINDINGS:
• S2 (low shrub) screening is shown along the perimeter of the paved parking and fueling
area on Muscatine Avenue and Wade Street frontages.
• Along First Avenue, the parking and fueling areas are screened by the convenience store
building.
• The property does not abut the residential zone, however, S2 screening is provided along
the entire side (south) property line shared with Iowa City Hospice (1025 Wade Street).
2 1 P a 9 e
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts
along abutting streets.
FINDINGS:
There is approximately 100 feet of stacking space along each of the drives for vehicles to
stack.
c. Unenclosed canopies over gas pump isianas must beset bacK at least ten feet (10') from any
street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any
street right of way and at least one hundred feet (100') from any residential zone boundary.
FINDINGS:
The fuel canopy is set back 24.5 feet from the north property line, along Muscatine Avenue,
and 24.5 feet from the south property line shared with Iowa City Hospice, which is in the CO-
1 zone. The canopy is set back more than 50 feet from the east property line along Wade
Street. The canopy is located more than 100 feet from the nearest residential zone.
d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards",
of this title.
FINDING: A photometric plan is being reviewed by the building official. A permit may not be
issued unless the lighting standards are met.
e. The proposed use will be designed and developed with adequate separation and screening
between vehicular use areas and adjacent residential zones.
FINDINGS:
• The subject property is not directly adjacent to any residential zones.
f. Car washes may contain no more than one bay and are permitted only if built In conjunction with
another quick vehicle servicing use. The car wash must be located adjacent to and on the same
property as the other quick vehicle servicing use and must be set back an adequate distance and
screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary.
FINDINGS:
• No car wash is proposed as part of the development.
g. In the CN-1 zone, no light source on the property, except for internally lit signs, shall be higher
than fifteen feet (15') above finished grade.
This criterion is not applicable —property is not located in the CN-1 zone.
h. For properties located in the Towncrest Design Review District, quick vehicle servicing uses are
only allowed by special exception and must comply with the central business site development
standards, as they would be applied to a property in the CB-5 zone, except as otherwise allowed
according to "j" (see bottom of page 5, which describes modification to these standards).
14-2C-8G: Surface Parking Location Standards in the CB-5 Zones: If surface parking and
loading areas are provided on the street level, they must be subordinate to a principal use
allowed in the zone. Therefore, the following standards apply:
Location:
Parking and loading are not permitted for the first thirty feet (30') of lot depth as measured from
the front building line. Surface parking, parking within accessory structures, and all loading and
unloading facilities must be located behind principal building(s) and concealed from view of
31Page
fronting streets. Parking and loading areas may not be located between the building and the
street or within any side setback area.
FINDINGS:
• The subject development is somewhat unusual in that it fronts onto three streets, First
Avenue, Muscatine, Avenue, and Wade Street. Concealing all parking behind the building
is, therefore, impractical.
• In the CB-5 zone, buildings are typically constructed at the property line, with no setback
unless space is needed for building articulation, recessed entrances, or pedestrian areas
for outdoor seating. The proposed building is set back 10 feet from the property line on
Muscatine and First Avenues in order to provide space for landscaping along the public
sidewalk.
The minimum vehicle parking requirement for the use is 12 parking spaces; 22 spaces
are provided. The proposed plan clusters the majority of parking spaces (all of its required
spaces) close to the building and south retaining wall in order to minimize views from
adjacent streets.
The row of parking immediately to the south of the convenience is set back more than 30
feet from the property/ street right-of-way line along First Avenue; a portion of one parking
space is located within the first 30 feet of the front building line. This space is screened
from view of the right of way by a 15-foot (approx.) unpaved area with extensive
landscaping.
The row of parking immediately to the east of the convenience store includes parking
spaces that are located within the first 30 feet lot depth; 3 spaces are within the first 30
feet of building depth. This parking row is screened from view of the street by a 15-foot
deep landscaping bed. Approximately 18 feet of separation is provided between the
sidewalk and the parking row.
Three parking spaces are located along the east side of the lot. In staff's view, these
spaces do not meet the intent of the standard.
Parking and loading areas must be set back at least five feet (6) from any side or rear lot line
that abuts a nonresidential zone. Any specific locations along a side or rear lot line where a
parking area, aisle or drive is shared with an abutting lot may be exempted from this standard.
FINDING:
• A 5-foot setback is provided with S2 landscape screening atop a retaining wall is provided
along the south property line where the property abuts the CO-1 zone (Iowa City Hospice
property). The CO-1/hospice site is set at a taller elevation.
c. Parking and loading areas must be set back at least ten feet (10') from any rear or side lot
line that abuts a residential zone.
FINDING:
• Not applicable; this property does not abut a residential zone.
Drives:
Vehicular access to parking should be located and designed to minimize traffic congestion
and hazards to pedestrians and to preserve street frontages for active building uses. If
available, alley or rear lane access is preferred. If alley access is not feasible due to
topographical limitations or other unique circumstances, driveway access from a street may
be allowed, but must be designed in a manner that will best meet the objectives listed in this
subsection.
4 1 P a g e
FINDINGS: The redevelopment does a number of things to improve circulation from traffic
and pedestrian safety perspective:
Curb cuts are consolidated along all three streets.
Along Muscatine Avenue two large curb cuts are reduced to one.
o Existing curb cuts are set 33 feet from First Ave. and 77 feet from Wade St.
o Anew curb cut is located 96 feet from First Ave. and 107 feet from Wade St.
Along Wade Street, the new gas station curb cut will be set back more than 100 feet
from the intersection. An existing curb cut located within 50 feet of the intersection will
be closed. An existing curb cut located more than 100 feet from the intersection will
be widened from approx. 15.5 feet to 27.81 feet.
Along First Avenue, curb cuts to the other lots (now associated with Iowa City Hospice)
are eliminated and one curb cut to the gas station is located 126 feet from the
intersection. The existing curb cut is located 60 feet from the intersection.
14-2C-8H: Landscape Screening
Any portion of a parking area that is not completely concealed from view of a fronting street
must be screened to the S2 standard. Parking areas, loading areas, and drives must be
screened from view of abutting properties to at least the S2 standard. Additional screening is
required for properties that abut properties zoned residential. Parking areas, loading areas,
and drives must be screened from view of any abutting property zoned residential to at least
the S3 standard. The city may exempt from this landscaping requirement any specific
locations along a side or rear lot line where a parking area, aisle or drive is shared with an
abutting lot.
All areas of the site that are not used for buildings, parking, vehicular and pedestrian use
areas, sidewalk cafes, and plazas, must be landscaped with trees and/or plant materials.
FINDINGS: As noted above, perimeter screening is provided around all paved areas of the
site. The property does not abut a residential zone.
i. For properties located in the riverfront crossings district and eastside mixed use district, quick
vehicle servicing uses are only allowed by special exception in certain locations and must comply
with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use
Districts Form Based Development Standards", of this title.
Not applicable.
For properties located in the Towncrest Design Review District, where it can be demonstrated
that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated
in subsections above, the Board of Adjustment may grant a special exception to modify or waive
the provision, provided that the intent of the development standards is not unduly compromised.
The Board may impose any condition or conditions that are warranted to mitigate the effects of
any variation from these development standards.
Quick Vehicle Service uses (e.g. gas stations) are, by definition, auto -oriented. This creates some
distinct challenges when it comes to meeting these central business standards. It is important,
however, to note that they are allowed uses in the zone and that, the CC-2 zone is intended for
uses that draw customers from a wider area than the immediate neighborhood. In staffs view,
this requires a balance of the desire to create a pedestrian friendly streetscape, but minimizing
conflicts between cars and pedestrians and ensuring that parking and vehicle use areas are set
back and screened so as to reduce visual impact on the streetscape.
SIP;
As noted above, 3-4 parking spaces shown adjacent to the convenience store are located within
the 30-foot setback from the front building line —a standard of the CB-5 zone. With regard to the
location of these spaces, staff believes that the intent of the standard is met based on the
following:
• The proposed development clusters parking close to the building, which is safer and more
convenient for customer movement from car to storefront and in keeping with the goal of
making parking subordinate by emphasizing the convenience store as the principal use
on the site.
• The single row of parking on the south and east sides of the building are setback and
screened from view of the sidewalk and street.
o On the south side of the building, parking is setback 30 feet from the property line
and screened by a 15-foot deep landscaped area.
o On the east side of the building, parking is set back more than 10 feet from the
property line and screened with a similar landscaping area. While the amount of
parking provided is more than the minimum requirement, it is important to
remember that this is a minimum requirement.
• The amount of parking provided on the site is not, in staffs view excessive given this busy
corridor. On the east side of the property a 20-foot deep landscaping area softens views
of the site and enhances the pedestrian area along Wade Street.
• The overall site design provides pedestrian access directly from the sidewalk on both
Muscatine and First Avenues and enhances pedestrian areas along the street with
landscaping to meet the goals of the Towncrest Plan.
• Approximately 20 feet of landscaping, including S2 screening is provided along the Wade
Street frontage in order to act as a screen wall, softening views of the paved service area.
General Standards (14-4B-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort, or general welfare.
FINDINGS:
The proposed development reduces driveway curb cuts along all three streets and
places them further from the intersections.
• The proposed site plan shows safety improvements to pedestrian areas, including colors
pavers and corner intersections and for the Wade Street crosswalk, ADA compliant
ramps will be all intersections and driveways.
• Pedestrian access is provided directly from the public sidewalk to the building entrances
of the convenience store.
• Providing parking directly adjacent to the convenience store minimizes conflict between
customers walking through the fuel area.
All required setbacks and screening are provided to demarcate vehicle areas from
pedestrian areas.
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.
FINDINGS: In addition to the findings provided under general standard #1 the following findings
apply.
6 1 P a g e
The proposed site plan shows S2 landscaping along the perimeter of the parking and
gas fueling areas. Screening is placed atop a retaining wall that borders the adjacent
Commercial Office zone to the south.
The site plan also shows improvements to the streetscape that are intended to meet the
goals of the Towncrest Design Standards with regard to streets trees, distinctive
landscaping, setbacks for public sidewalks, intersection improvements, etc.
The convenience store building is subject to the Design Review and must meet all the
building standards for the Towncrest Design District. Signs are also reviewed for
compliance with the Towncrest standards.
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.
FINDINGS: In addition to the findings provided under genera/ standards #1 and #2 above
• The redevelopment of the site will bring the property into closer compliance with all
zoning standards as well as the design standards for the Towncrest Design District.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
The site is served by existing streets, which include stormwater drainage and all other
facilities needed for this infill development.
5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
FINDINGS:
As noted above, the number of curb cuts for vehicle access are being reduced and
relocated to provide greater separation from intersections. The City's driveway spacing
standards provide distance requirements from intersections, although flexibility is
considered with the redevelopment of infill sites, such as this.
o Along local streets, such as Wade Street, driveways should beset back 20 feet
from the intersection. The new driveway for the site is set back all the way to
the south end of the site, more than 100 feet from the intersection with
Muscatine Avenue.
Along arterial streets, such as Muscatine and First Avenue, driveways should
be set back 150 feet from street intersections. On this infill site, these distance
requirements cannot be met. Along First Avenue, the driveway curb cut is set
back all the way to the south edge of the site, 125 feet from the intersection
with Muscatine. The curb cut on Muscatine is set back approximately 96 feet
from the intersection with First Avenue and 107 feet from the Wade Street
intersection. The City Engineer has reviewed the curb cut locations and widths
and determined they are safe for ingress and egress and appropriate for
circulating large trucks through the site.
• Maintaining one curb cut per street frontage provides alternatives for accessing the
site and for traffic to disperse so as to minimize conflicts and congestion on the street.
7 1 P a 9 e
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.
FINDINGS:
• All other aspects of the zoning code not reviewed above are part of the site
plan review and building permit process.
The convenience store building subject to design review and must meet
requirements for materials and design as required by the Towncrest Design
standards.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDINGS: The Towncrest Design Plan Manual attempts to address several goals:
o Improving the physical condition of the area as it pertains to streetscapes and public
areas, including streetscapes, sidewalks, and planting areas.
o As demonstrated in the site plan, significant landscaping and streetscape
improvements are included as part of this plan, including landscaped buffers
between streets and sidewalks, installation street trees, enhanced paving
treatments within the public sidewalk and street intersections, and the
enhancement of the pedestrian crossing at Wade Street.
o Creating a cohesive architectural character that includes an emphasis on bringing
structures toward the street, the relocation of parking to the rear of buildings and easily
identified entries.
o The proposed site plan demonstrates conformance with this goal by placing
the building close to the sidewalk with direct access between sidewalks and
building entrances.
o The building design, materials, and all signage are subject to design review.
o Sustainable development, which includes the use of indigenous and low -maintenance
landscape materials, aesthetically pleasing green space and planting areas within the
public realm and private parking areas as elements of green infrastructure to improve
stormwater quality.
o As noted above, all areas of the site that are not used for buildings, parking, vehicular
and pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees
and/or plant materials. At the northeast corner of the paved area a storm drain is
located that may provide opportunity for the development to provide some type of
infiltration area. The landscaped setback along Wade Street is wide enough that this
area could provide some opportunity for improving stormwater quality "by cleansing
water of sediments and other contaminants commonly found in the first flush of urban
stormwater run-off." Given the amount of paving on the site, staff recommends the
applicant provide an infiltration are on this portion of the site.
STAFF RECOMMENDATION:
Staff recommends approval of EXC18-00003, a special exception to allow a Quick Vehicle
Service use in the Towncrest Design District, subject to the following conditions:
Substantial compliance with the site plan submitted, with the removal of 3 parking
spaces along the Wade Street frontage.
Design Review approval of the convenience store building.
Lighting plan must meet code standards.
Final approval of all landscaping materials by the City Forester.
slraot.
• The applicant shall provide a plan for using the landscaped area along the Wade Street
frontage for stormwater infiltration.
ATTACHMENTS:
1. Location map
2. Aerial view of the site and surrounding commercial area
3. Proposed site plan and related materials
4. Application materials
Approved by:�L-
Tracy, Hightshoe, Director
Department of Neighborhood and Development Services
91Page
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EXLI6 0h1703
APP'LiCATIO'A; TO THE ILFD
BOARD OF ADJUSM01T22 A1111:31
-SPECIAL
oATs: 3/22/2018 PROPS PAltcl:LNo 1013330003
PROPERTY ADDRESS: 2303 Muscatine Avenue
PROPERTYMNE CC2 PROPGRW LOTeIM' 0.95 acres
Kum and Go, LC
Nao xew.n nw,w. wse I w uaren u kltm
515-457-6392
WhITAOT PER 011: x.: Brian Book (HBK Engineering, LLC)
IRWhrttlunapplWnry Mosses:509 S Gllhert Strnal, 1. City, lA 522ee
Phone: 319-338-7557
PROPERTYOWNER: Name
(xotherflonappscant)
Phan.:
epecMc Reeuesbtl Special Enception; Plww I W the descrlpllon and section number In
tW ..In, codo that Md.. the spWft aWW ..ptbn you N hordes. a You
cannot Red this Inore sdon or do not know "" section of the, cods to look In, phoo s
contar4 earth Wak 93P 239 ore sll sartnwwlrQksMdryo,,.
Pulpossbr apoak0 aompuan: Code 14-4B-4, Item 12(h) - Quick vehicle servicing
use in the townoesl design review district.
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currently is along the back of curb to a proper and more typical setlack from the
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STAFF REPORT
To: Board of Adjustment
Item: EXC118-00004
519 North Johnson Street
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: May 9, 2018
Applicant: Matthieu and Jacqueline Biger
519 N. Johnson Street
Iowa City, IA
319-321-7852
Contact: Frank F. Wagner
519 S. First Avenue
Iowa City, IA 52245
Requested Action: Reduction of the rear principal building setback
from 20 feet to 13 feet.
Purpose: To allow a rear addition to an existing home.
Location: 519 North Johnson Street
Size: 4,000 square feet (50' x 80')
Existing Land Use and Zoning: Neighborhood Stabilization Residential with a
Historic Conservation District Overlay
(OHD/RNS-12)
Surrounding Land Use and Zoning: North: Residential (RNS-12)
South: Public Park (P1)
East: Institutional (RNS-12/P1)
West: Residential (RNS-12)
Applicable code sections: 14-2A-4B-5b, Specific Standards for a reduction in
the principal building setback;14-4E-3A, General
Criteria for all special exceptions.
File Date: March 30, 2018
BACKGROUND:
The owner/applicants propose to create a two story 16 x 16 foot rear addition to their home in order
to provide a master bedroom on the second floor and an additional bathroom and living room space
on the first floor.
The property is a corner lot adjacent to North Market Square Park. The subject property is non-
conforming with regard to lot area: in the RNS-12 zone is 5,000 square feet is the minimum
requirement; the property is 4,000 square feet is the minimum lot area. As a comer lot, the property
is required to provide two front setbacks of 15 feet. The required rear principal building setback is
20 feet; the house is set back 29 feet from the rear (west) property line. The proposed addition
would result in a rear principal building setback of 13 feet.
The property is located within a Historic Conservation District at 519 North Johnson Street. As a
contributing structure to the district, any modification to the exterior of the home must be reviewed
by the Historic Preservation Commission. If granted the special exception the applicants will move
forward with having plans drawn to submit to HPC in order to secure a Certificate of
Appropriateness.
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 may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included for Section 14-46-413-5b pertaining to principal building setbacks in addition to
the general approval criteria for special exceptions as set forth in Section 14-413-3A.
The applicant's comments regarding each of the specific and general standards are included on the
attached application form. Staff comments related to the specific and general approval criteria are
set forth below.
Specific approval criteria for adjustments to the principal building setback requirements
(14-2A413-5).
1. The situation is peculiar to the property.
FINDINGS:
The subject property does not meet the minimum lot area required by code. The lot is
4,000 square feet. The current zoning code requires a minimum lot size of 5,000 feet
for detached single-family housing in the RNS-12 zone.
The property has a shallow lot depth of just 80 feet. The abutting property to the west,
as well as other properties on the long side of the block, have lot depths of 150 feet.
2. There is practical difficulty complying with the setback requirements.
FINDING:
• As a corner lot, the property must provide two front setbacks —one along each street
frontage. This reduces the buildable portion of the lot, pushing the buildable area further
toward the interior of the 4,000 sq. ft. lot.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations, which are:
a. To maintain light, air, separation for fire protection, and access for firefighting.
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in Iowa City
neighborhoods;
d. To promote a reasonable physical relationship between buildings and
residences: and
e. Provide flexibility to site a building so it is compatible with buildings in the
vicinity.
2 1 P a g e
FINDINGS:
• The Northside Neighborhood was established long before current zoning standards
and is characterized by small lots with non-standard setbacks, especially on the short
side of the block. It is not unusual for homes in the immediate area, including
neighboring properties along the Johnson Street frontage, to have rear principal
building setbacks that do not conform with current minimum standards.
■ Because this is a corner lot, the rear setback functions similar to a side setback in
terms of its relationship to the adjacent property to the west (523 Church Street). The
minimum side setback in the RNS-12 zone is 5 feet.
• The property to the west has a detached garage in the area adjacent to where the
proposed addition would be constructed. The subject property as well as the property
to the north (525 Johnson) also have garages along the rear portion of the yard.
(Accessory structures, such as garages, are not subject to the rear principal building
setback requirements.)
• The rear addition would be set back 13 feet from the rear property line, which is more
than sufficient for fire -fighting and fire access.
4. Any potential negative effects resulting from the setback exception are mitigated to the
extent practical.
FINDINGS:
See findings provided under criterion 1 in addition to the following findings:
• The rear addition will be subject to historic preservation guidelines and will require
approval from the Historic Preservation Commission (HPC) before a building permit
may be issued for the addition.
• The addition meets the side setback standard from the north property line as well as
the 15-foot front setback from the south property line, which faces onto the street.
5. The subject building will be located no closer than 3 feet to a side or rear property line,
unless the side or rear property line abuts a public right-of-way or permanent open space.
FINDING:
• The proposed addition would be located 13 feet from the rear (west) property line and no
less than 15 feet from the side (south) property line.
General Standards: 14-4113-3, Special Exception Review Requirements
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
As noted above, the 13-foot rear setback provides adequate space for firefighting and
fire separation. The addition is set back more than 15 feet from the south property line
and more than 20 feet from the north property line.
3 1 P a g e
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.
FINDINGS:
See findings under specific criterion #3 above: the reduced setback will maintain adequate
separation for light, air, and fire protection, and access for firefighting as well as privacy
between dwellings. The reduced setback will not result in development that is out of character
with the surrounding 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 zone in which such property is located.
FINDINGS:
See findings under specific criterion #3 regarding the purpose of setbacks in addition to the
following findings:
• The property will retain a 13-foot rear setback from the west property line.
• The proposed addition meets the required front setback from the south property line.
• In this case, the rear setback functions practically as a side setback in terms of its
relationship to the abutting property to the west.
• The surrounding neighborhood is characterized by small lots with densely built housing,
particularly on corner lots —it is not unusual for homes in this neighborhood to have
front and rear setbacks that do not meet current standards.
G. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDINGS:
The subject property and neighborhood is fully developed with all necessary utilities,
access roads, drainage, and other facilities in place.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
FINDINGS:
• The proposed rear setback reduction will not bring the structure any closer to the street,
and will not contribute to traffic congestion along the public street. There is no change
proposed for vehicle access to the property.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
In order to build the addition being proposed, the applicant must secure a minor
modification to reduce the required rear open space requirement. The requirement for
open space at the rear of the lot was recently added to the zoning code to address
situations in which properties were adding large areas of pavement for parking or
additions to provide additional occupancy for single-family homes used as rental
properties. The zoning code makes this minor modification available to corner lots, lots
41Page
of substandard size, and those that provide access to open space on other portions of
the lot. In this case, the property has access to open space with the setback to the south
of the house and in the deep right of way, which is 26 feet deep from the curb line to the
south property line.
Because the property is with a historic conservation overlay district and contains a
contributing structure, the applicant must secure a Certificate of Appropriateness from
the Historic Preservation Commission before a building permit may be issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan does not address this situation directly but the Central District Plan
encourages re -investment in properties in Iowa City's established neighborhoods.
STAFF RECOMMENDATION: Staff recommends approval of EXC18-00004, a special
exception to reduce the rear setback requirement for the principal structure from 20 feet to 13
feet, subject to the following conditions:
1. The setback reduction applies to the proposed home addition only;
2. Substantial compliance with the submitted site plan;
3. The applicant must secure a Certificate of Appropriateness for the addition from the
Historic Preservation Commission.
4. The applicant must secure a minor modification for a reduction in the rear open space
requirement.
ATTACHMENTS:
1. Location map
2. Aerial views of the property.
3. Proposed site plan and elevations submitted by the contractor
4. Application materials
Approved by:
Tracy HightNoe, Director
Department of Neighborhood and Development Services
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EXC18-00004
519 N. Johnson Street
Prepared By: Sylvia Buchner
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: Z(� ' o PROPERTY PARCEL NO.
PROPERTY ADDRESS: _'r)o
PROPERTY ZONE: PROPERTY LOT SIZE: `K `� D
APPLICANT: Name: a h dh leu til' �J-(.(C(,�i�Cb m e
Address:sl51 / A J O 4.4 X 6.t (X
Phone: 5)-73Z1 7$5'2-
CONTACT PERSON: Name:FR%}NIk� F Irt%l�rt/L(Z
(if other than applicant) �^ / �f 77
Address: v2� I� 5, 15 'f /j-U L •-=- -�
Phone: ,30 32 ( %qCd
PROPERTY OWNER: Name:
(if other than applicant)
Address:
Phone:
3Se le-
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. if you
cannot find this hdonnation or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sash-*Wz&ovm-d y org.
Purpose for special exception: R� G r'ea P' Se r- Gwi c4,
Date of previous application or appeal filed, 9 any:
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Application to the Board of Adjustment — Special Exception
519 N. Johnson Street, Iowa City, Iowa
March 30, 2018
The Applicants, Matthieu and Jacqueline Biger, purchased the house at 519 N. Johnson St. in August of
2011 from the City of Iowa City as part of the UniverCity Neighborhood Partnership program.
During the course of the seven years that the Bigers have lived in the house, they have continued to
improve the house and property to increase its single family character. They have also welcomed two
young children into the household.
The Bigers are very fond of their home and neighborhood; the close proximity to schools, shops and, of
course, the beautiful North Market Square Park located across the street from their house. Yet while the
house has been excellently restored and maintained, the Biger's growing family is pressed for living
space and would like to have more than one bathroom. The proposed two story addition to the rear of
the house would enable them to add additional living space in the form of a family room with a half bath
on the first floor and an expanded master bedroom with a master bath. The design of the addition will
be in character with the style of the house and the surrounding neighborhood. Furthermore it will
enhance the single family character of the house and allow the Bigers to enjoy their home for years to
come.
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STAFF REPORT
To: Board of Adjustment Prepared by: Sylvia Bochner
Item: EXC18-00005 Date: May 9, 2018
424 Highway 1 West
Parcel number: 1016405001
GENERAL INFORMATION:
Applicant: Renshaw Limited Partnership
463 Highway 1 W
319-594-7926
319-331-2626
Contact Person: Mark Seabold, Shive-Hattery
2839 Northgate Drive
319-325-5350
319-354-3040
Property Owner: Ranshaw Limited Partnership
463 Highway 1 W
319-594-7926
319-331-2626
Requested Action: Special Exception to allow height increase on a non-
conforming building
Purpose: To provide higher ceilings for future commercial tenants
Location: 424 Highway 1 West
Size: 2.44 acres
Existing Land Use and Zoning: Commercial (CC-2)
Surrounding Land Use and Zoning: North: Residential, RS-8
South: Commercial, CC-2
East: Commercial, CC-2
West: Commercial, CC-2
Applicable code sections: 14-413-3A (General Criteria) and 14-2A-4B-5
(Specific Criteria for reductions to the principal building
setback)
File Date: April 6, 2018
BACKGROUND:
The applicant has requested a special exception in order to make a structural alteration to an existing non-
conforming commercial building. The use of the subject property, located at 424 Highway 1 West, is
currently retail commercial. The building is the location of Paul's Discount, which will be going out of
business in July 2018. In order to find new tenants for the building, the owner plans to raise the roof and
ceiling height approximately 10 feet to provide more interior clear space. This height increase is permitted
by the zoning code; the current height of the building is 14 feet, so with an addition of up to 10 feet, it would
still be well within the 35-foot height limit for the CC-2 zone. However, because the existing building is non-
conforming in terms of its rear setback, making structural alterations to the building requires a special
exception.
For properties in commercial zones where the rear setback abuts a residential zone, the setback must be
at least equal to the required setback in the abutting residential zone. In this case, the rear setback abuts
a residential zone with a rear setback of 20 feet; however, the subject property only has a 15-16-foot rear
setback because it was developed prior to this requirement.
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 may grant the requested special exception if the
requested action is found to be in accordance with the specific criteria included for Section 14-2C-4B-5
pertaining to principal building setbacks, in addition to the general approval criteria for special exceptions as
set forth in Section 14-4B-3A.
The applicant's comments regarding each of the speck and general standards are included on the attached
application form. Staff comments related to the specific and general approval criteria are set forth below.
Specific Standards (14-2C-4B-5)
1. The situation is peculiar to the property in question.
FINDINGS:
• The subject property includes an existing building with a non -conforming rear setback adjacent to a
residential zone.
The existing building has a low ceiling height, which makes it less attractive for future retail uses.
• The applicant would like to re -use the existing building for commercial purposes.
2. There is practical difficulty complying with the setback requirements.
FINDINGS:
• The existing building is non -conforming in terms of its rear setback.
• In order to increase the height of a non -conforming building, a special exception is required, although
the rear setback will not change.
3. Granting the special exception will not be contrary to the purpose of the setback regulations. The
purpose of the principal building setback regulations is to:
a. Maintain light, air, separation for fire protections and access for firefighting;
b. To provide opportunities for privacy between buildings;
c. To reflect the general building scale and placement of structures in Iowa City's neighborhoods;
d. To promote a reasonable physical relationship between buildings and residences.
e. Provide flexibility to site a building so it is compatible with buildings in the vicinity.
FINDINGS:
The existing 15-foot rear setback will not change. The existing setback provides for sufficient light,
air, fire access, and privacy between adjacent buildings.
Increasing the height will not be contrary to the purpose of the setback regulations.
2 1 P a g e
Because the increased height is not for second floor uses, the height change will not impact the
privacy of rear yards on the residential property.
4. Any potential negative effects resulting from the setback exception are mitigated to the extent
practical.
FINDINGS:
If the applicant proposes any changes within the rear building set back, such as additional rear
exit doors, paving, or storage, the applicant should provide S3 screening, as required in site
development standards for the CC-2 zone. In addition, to preserve the privacy and safety of the
rear yards of the adjacent residential properties, staff recommends that a condition be attached
stating that, if use of the rear setback (e.g. paving, exit doors, storage of materials) are
implemented, the property owner must provide a 6-foot high fence along the entire length of the
rear property (black chain link) in addition to the required landscaping.
5. The subject building will be located no closer than 3 feet to a side or rear property line, unless the
side or rear property line abuts a public right-of-way or permanent open space.
FINDINGS:
The existing building has a setback of 15-16 feet from the rear property line.
The building footprint will not change with this special exception, nor will the building setback be
reduced.
General Standards (14-46-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort, or general welfare.
FINDINGS:
• The proposed exception will not change the use or footprint of the existing building.
• The current setback provides adequate light, air, privacy, and fire access.
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.
FINDINGS:
If the applicant proposes any changes within the rear building set back, such as additional rear
exit doors, paving, or storage, the applicant should provide S3 screening, as required in site
development standards for the CC-2 zone. In addition, to preserve the privacy and safety of the
rear yards of the adjacent residential properties, staff recommends that a condition be attached
stating that, if use of the rear setback (e.g. paving, exit, storage of materials) are implemented,
the property owner must provide a 6-foot high fence along the entire length of the rear property
(black chain link) in addition to the required landscaping.
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.
FINDINGS:
The site is adjacent to residential uses to the north, along with commercial uses to the south,
east, and west. Because the building footprint will not change, staff believes that raising the
root height of the subject property will not impede orderly development or improvement of
surrounding properties.
3 1 P a g e
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
Staff believes the application satisfies this criterion based on the following findings:
All necessary utilities and drainage are already provided to the site.
5. Adequate measures have been or will betaken to provide ingress or egress designed so
as to minimize traffic congestion on public streets.
FINDINGS:
• Existing conditions for ingress and egress will remain, which will be adequate to serve
future commercial uses.
• The rear setback has no impact on ingress or egress.
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.
FINDINGS:
The maximum building height in the CC-2 zone is 35 feet. The existing building is 14 feet
tall. The proposed height increase of up to 10 feet will comply with the maximum height.
• No other structural changes will be made to the existing building.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDING:
• The South Central District Plan indicates that this area is appropriate for general
commercial uses. As the use of the property will remain retail commercial, it will continue
to be consistent with the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC18-00005, a special exception to allow for height increase of up to 24
feet for the existing building located at 424 Highway 1 W, subject to the following condition:
• If the applicant proposes any changes within the rear building set back, such as additional rear
exit doors, paving, or storage, the applicant must provide a 6-foot high fence along the entire
length of the rear property (black chain link) in addition to S3 landscape screening.
ATTACHMENTS:
1. Location map
2. Proposed site plan
Approved by:
�`.
Tracy Hightshoe, Director
Department of Neighborhood and Development Services
41Page
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SITE PLAN - APPLICATION TO THE BOARD OF ADJUSTMENTS - SPECIAL EXCEPTION 5;-iIV[- -.�o A -" IENY
424 HWY 1 W, Iowa City, IA AR C N:E': TUI t" NO N: E R I NO
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The rear principal building setback is the area between the rear building wall and the
property line. The existing building is set 15-16 feet from the property line. The
change in roof height will not change the setback, however a special exception is
required for any expansion within 20 feet or the rear property line. The applicant
wishes to raise the roof height in order to create standard commercial ceiling heights.
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APPLICATION TO TI-IkED
BOARD OF ADJUSTMOTPM 3:28
-SPECIAL EXCEPTION,
DATE: April 5, 2018
PROPERTY PARCEL NO. 1016405001
PROPERTY ADDRESS.424 Hwy 1 W
PROPERTY ZONE.-CC-2
PROPERTY LOT SIZE: 2.44 acres
APPLICANT:
Name: Ranshaw Limited Partnership
Address: 463 Highway 1 W
Phone: 319-594-7926/ 319-331-2626
CONTACT PERSON:
Name: Mark Seabold. Shlye-Hattery
(if other than applicant)
Address. 2839 Northgate ®rive
Phone: 319-325-5350/ 319-354-3040
PROPERTY OWNER:
Name: Ranshaw Limited Partnership
(if other than applicant)
Address. 463 Highway 1 W
Phone: 319-594-7926/ 319-331-2626
Specific Requested Special Exception; please list the description and section number in
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 366-6239 or e-mail sarah-watz@iowa-city.org.
Purpose for special exception: Raising the roof structure of the existing building located at 424 Hwy 1 W
10'-0" or less in order to re -tenant the building providing an appropriate interior clear space for current tenant requirements.
Date of previous application or appeal filed, if any: N/A
-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.
Raising the roof structure will not adversely affect or endanger the public health,
safety, comfort, or general welfare. The existing building location and use will
remain with the only change being a increase of the roof height from
approximately 14' to 24' depending on the existing grade elevation along the
north side. The south Hwy 1 facing facade will include new parapet walls for
increased signage that will be within the zoning code height limits of 35' for CC-2
Zoning.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The existing condition of the buildings location/ footprint will not change. The
building at 424 Hwy 1 W currently provides a buffer to Hwy 1 noise for properties
to the north and the increase of +/- 6' of the roof height will not adversely affect
these properties. Raising the roof and increasing parapet heights at the south,
Hwy 1 side will still meet current zoning code for height requirements.
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.
Raising the roof will not impede the normal and orderly development and
improvement of the surrounding property. Building location/ footprint does not
change.
4. Adequate utilities, access roads, drainage and/or necessar ilititlis ha;e
been or are being provided. -,< r,-,
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Existing conditions will remain and are adequate. 670
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Existing conditions for ingress and egress will remain.
6. Except for the speck regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-4B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-6A through K) j
The property remains zoned CC-2 and conforms to the applicable regulations
and standards of the zone in which it is located.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The proposed use is currently consistent with the Comprehensive Plan of the
City and will remain. Building use does not change from commercial/ retail.
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C•1, City Code).
Date:
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
14-8C4F, 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.
20
Date: �4/4 2018
ppdadmintepplication-boase.doc
Signature(A) ofApplicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
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MINUTES
BOARD OF ADJUSTMENT
FEBRUARY 14, 2018 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Gene Chrischilles, Ryan Hall, Bryce Parker, Tim Weitzel
MEMBERS ABSENT: Connie Goeb
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Thomas McInerney, Mike Oliveira, Bob Carlson, Dan Rohwer
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Chrischilles outlining the role and purpose of the Board
and the procedures that would be followed the meeting.
CONSIDER THE JANUARY 10, 2018 MINUTES:
Parker moved to approve the minutes of January 10, 2018, with edits. Hall seconded the
motion.
A vote was taken and the motion carried 4-0.
SPECIAL EXCEPTION ITEM EXC18-00001:
Discussion of an application submitted by Thomas McInerney for a special exception to allow a
drive- through restaurant in the Community Commercial (CC-2) zone located at 51 S. Riverside
Drive (Gateway Plaza).
Walz began the staff report with an aerial view of the zoning of surrounding properties, focusing
on the Gateway Plaza property at the intersection of Riverside Drive and Highway 1. The
subject site is surrounded by CC-2 zoning; across Riverside Drive there is a public zone where
the transit facility is located. Properties to the north will eventually be part of the Riverfront
Crossings Zone but that designation will not extend south of Highway 1 or west of Orchard
Street. Walz noted there are two access points and both set well back several hundred feet
from the major intersection of Riverside Drive and Highway 1. The shopping center is served by
a frontage road, and new curb cuts for the proposed us will be created from the frontage road.
Walz stated the applicant submitted a concept plan to show how they may install required
improvements for the parking area. She noted that while it was not a final plan, it showed
generally how the parking area for the larger shopping buildings, which is currently non-
conforming, define the parking aisles and to better direct vehicle traffic across the larger
shopping center parking lot with endcaps (end islands) and required shade trees, etc. The
Board of Adjustment
February 14, 2018
Page 2 of 10
expansion of the shopping center with additional space of the restaurant requires that the
parking area come closer to conformance with current code standards.
Walz next reviewed the specific criteria beginning with access and circulation. Wherever
possible or practical the code encourages drive -through lanes to be accessed from secondary
streets, alleys, or shared cross access drives. The property has access from Highway 1 West
and South Riverside Drive via a frontage road, which is part of the public Highway right-of-way
The frontage road provides circulation around the large shared parking area that serves the
Gateway Plaza shopping center as well as adjacent properties to the west and south.
The next standard is to provide for safe pedestrian movement, the number and width of curb
cuts serving the use may be limited. Walz said the two primary access points from the two
primary arterial streets would feed into the frontage road and the only new curb cuts would be
from the frontage road. She noted, this is an area of the community that is not pedestrian
friendly, however, over time the City is making improvements beginning with the Highway 1
multi -use trail that runs along the north side of Highway 1. There are plans to extend a similar
trail south along the east side of Riverside Drive, and over time as improvements are made
sidewalks will be added along other frontages. The curb cuts that are proposed with this
application do not preclude future sidewalks being installed along the highway or within the
frontage road setback. Walz stated that one of the improvements to the site is the narrowing of
the curb cut to the west of the drive -through. This will help to slow traffic as it enters the site.
With regard to the number of stacking spaces, right now there is adequate space for six cars to
stack between the service window (which faces out towards Highway 1) and the entry to the
drive -through. Additional cars could stack along the private parking aisles before reaching the
frontage road. Walz noted that coffee service drive-throughs generate the highest peak hour
demand in terms of queuing, so it is important to have adequate stacking space. However,
peak hours are generally limited to the early morning when most businesses in the shopping
center are not open to the public.
She reviewed the on -site signage and pavement markings shown in the site plan to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other
controls to ensure safe vehicular and pedestrian movement. Directional arrows and other
pavement markings are provided including a stop bar and "do not enter" marking at the exit of
the drive -through.
She reviewed a criterion for drive -through lanes and service windows to be located on a
nonstreet-facing fagade, unless the applicant can demonstrate that a street- facing location is
preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses, or
pedestrian access. Walz noted that within the context of the larger shopping center and its
parking area, the location of the drive allows it to be fully separated from parking aisles and
drives, thereby minimizing conflicts with other users of the site. Additionally the distance and
the screening provided along the right of way will not disrupt pedestrian areas or future
pedestrian areas, and staff feels this is a preferable location for the structure and the service
windows. Staff recommended that 50% of required landscape screening be evergreen to
provide a year round screen. She showed that reviewed the required setbacks and how those
were satisfied.
Walz noted that in this proposal there is only one drive -through lane. The streetscape is in a
major throughway in the City and doesn't have the sore pedestrian friendly streetscape that is in
other areas. Overall with the construction of the restaurant and drive -through there will actually
Board of Adjustment
February 14, 2018
Page 3 of 10
be less paved area in the shopping center than there is currently. The applicant has proposed a
single drive -through lane with one order board and service window, however if in the future they
propose to add additional order boards there is adequate space in the area.
She noted that all of the lightening will be reviewed as part of the permitting process and will
have to meet City standards for being downcast, etc. With regards to loudspeakers or
intercoms they must be located and directed to minimize disturbance to adjacent uses, since
this area is not adjacent to a residential zone and the location is already a busy intersection
noise shouldn't be an issue.
Walz did not review all the general standards, they are listed in the staff report, and stated that
they draw from the specific standards especially with regards to making the site safer (again
with narrowing the drive) and provided separation between the parking rows and between the
drive -through lane and other vehicular use areas.
Staff recommends approval of EXC18-00001, a special exception to allow a drive -through
facility for an eating establishment in the Community Commercial (CC-2) zone, at 51 South
Riverside Drive, subject to the following conditions:
• Substantial compliance with site plan submitted with the following additional changes:
o Along the north and east frontages, required S2 landscape screen must include
50% evergreen species.
Chrischilles asked about one of the curb cuts and if there would be any advantage to making
that curb cut an exit only. Walz said it appropriate for the curb cut to be two-way to allows
people who are coming to the restaurant to bypass the rest of the shopping center parking area
She noted there is ample room for cars to stack without blocking the public right-of-way or
frontage road.
Parker asked about the site plan and that it currently is not planned for pedestrian traffic. Walz
confirmed that there are currently no sidewalks along either right-of-way and that sidewalks are
constructed it will be the responsibility of the DOT and City (not the property owner). Sidewalk
construction is a future goal but would not happen until the intersection at Riverside and
Highway 1 is re -reconstructed. This will create curb ramps and pedestrian signals.
Chrischilles opened the public hearing and invited the applicant to come forward.
Thomas McInerney (1208 Marcy Street) noted that the shopping center and parking layout have
been the same since its construction in 1965 and one of the major issues with adding sidewalks
is that the Eagles Club building actually extends onto the State owned right-of-way. He added
that this proposal will reduce the amount of pavement and add additional green space to assist
with the stormwater runoff.
Parker asked if there was any stormwater detention or retention located on the property.
McInerney said since the construction of the buildings and parking lot 50 years ago it drains
directly into the river, and because they are building the new structure on an existing parking lot
they are not required to meet the current retention standards per Code. They feel however by
adding more green space they will be able to slow down the water runoff and offer more
opportunity for infiltration.
Chrischilles closed the public hearing.
Weitzel stated he is satisfied that the general and specific criteria are met.
Board of Adjustment
February 14, 2018
Page 4 of 10
Parker asked what the requirements for stormwater retention were. Walz stated that the
applicant is correct, being that they are not subdividing this lot or changing it in any way it is not
required to come into compliance with what is now the current standards. If the property were
subdivided that may trigger compliance. Walz noted that with the construction of the restaurant
site they are actually reducing the amount of pavement and bringing the larger parking area
closer to compliance with the parking design standards also reduces the amount of paving.
Adding more green space will also slow water runoff and provide some opportunity for filtration.
Parker asked if there could be any additions to this proposal that would include a pedestrian
walkway, knowing that some improvements are on the horizon. Walz said there is adequate
space for sidewalks to be built directly along the highway as well as along the frontage street.
Both those options are on DOT property and those improvements should be made when the
intersection is reconstructed to better ensure the safety of folks crossing the highway. However,
if the Board wanted to improve the pedestrian situation within the shopping center, a pedestrian
route from the shopping center to the restaurant may be appropriate.
Hall agreed that there will be pedestrian traffic from the shopping center to the coffee shop so
having a designated pedestrian route would be beneficial. Walz said the Board could add that
as a condition to the special exception.
Parker asked if the Board could add a condition regarding stormwater improvements in the
parking lot. Walz said there would need to be a rational nexus between the stormwater and
drive -through, which is the focus of this special exception. The site improvements are actually
reducing the amount of hardscape and so it would be difficult to argue that the restaurant was
having a negative impact on drainage.
Chrischilles noted he is of the opinion that everything looks fine.
Weitzel moved to approve EXC18-00001, a special exception to allow a drive -through
facility for an eating establishment in the Community Commercial (CC-2) zone, at 51
South Riverside Drive, subject to the following conditions:
• Substantial compliance with site plan submitted with the following additional
changes:
o Along the north and east frontages, required S2 landscape screen must
include 50% evergreen species.
o A dedicated pedestrian route should established between the restaurant
and the shopping center as part of the parking area improvements.
Parker seconded the motion.
Weitzel stated that regarding agenda item EXC18-00001 he concurs with the findings set forth
in the staff report of February 14, 2018, and conclude the general and specific criteria are
satisfied. With regards to specific standard 14-4C-2K point 2 in the staff report, to provide for
safe pedestrian movement, because this property will be a draw to pedestrians from the
shopping area we should require a safe pedestrian route. Unless amended or opposed by
another Board member, he recommends that the Board adopt the findings in the staff report as
our findings with acceptance of this proposal.
A vote was taken and the motion carried 4-0.
Board of Adjustment
February 14, 2018
Page 5 of 10
Chrischilles stated the motion declared approved, any person who wishes to appeal this
decision to a court of record may do so within 30 days after this decision is filed with the City
Clerk's Office.
SPECIAL EXCEPTION ITEM EXC18-00002:
Discussion of an application submitted by Prestige Properties LLC for a special exception for
reductions in the principal building setback requirements for property located in the Community
Commercial (CC-2) zone located at 408 S. Gilbert Street.
Walz showed the location map, explaining the surrounding zoning, which is RM-44 to the east,
south and north sides. On the west side of the street, the property was formerly part of the
Central Business Support Zone and now is part into the Riverfront Crossings -Gilbert Street
Subdistrict. Much of the area, although not all, is mixed -use so it allows for the commercial on
the ground floor and residential uses above. The CC-2 zone is intended for uses that draw from
across the community, located along major thoroughfares and typically requires and generates
lots of parking demand. Walz noted that the buildings to the west that are part of the Riverfront
Crossings Zone front directly onto the sidewalk, with no setback, creating an urban zone.
Eventually if the residential zones surrounding the area redevelop they too would be
redeveloped with more of an urban, pedestrian orientation. The building in this application has
a long history, and the building and property are is rather unusual shape and orientation to the
street.
Walz stated that with regards to setback standards the City needs to look at what the intents of
the setback standards are. They are to maintain light, air and separation for fire protection and
access for firefighting equipment. It is also to provide opportunities for privacy between
buildings, to reflect the general building scale and placement of structures in the neighborhood,
to promote a reasonable physical relationship between buildings and residences, and to provide
flexibility inside the building so it is compatible with other buildings in the vicinity. In this
situation one side of the building faces Ralston Creek so setbacks won't apply, on the north side
they are proposing to build to 3 feet from the adjacent property line. On the west side of the
property they are asking to reduce the setback from 10 feet to 1'10", which is similar to what is
in the Riverfront Crossings Zone across Gilbert Street. In staffs view the request is not out of
character for the area or out of intent for what the setback standards are intended to do.
The next standard talks about any potential negative effects resulting from the setback
exception are mitigated to the extent practical. Walz explained that it is an unusual use in this
building, and the site is in some ways actually unique for that use as it is a use that requires a
lot of square footage for maintaining all their paper records onsite at all times, they are also
acquiring new freezers for storage, what they are proposing is to expand the existing building by
building a steel support structure that is independent of what the building is now and that is why
they are seeking to encroach into the setback. Currently the entrance to the building is off the
parking area but they will reorient the building so the main entrance will be off the sidewalk
facing Gilbert Street, which is what the City requires in the Riverfront Crossings Zone and
Downtown Zones. Walz showed images of the proposed building changes.
Walz stated that a 10-foot setback is typically required between parking areas and the sidewalk,
with S2 (low) landscape screening to separate and screen vehicle areas from pedestrian areas.
Currently, portions of the parking area are separated from the public sidewalk with a metal fence
(non -solid). Staff recommends that where the minimum parking area set back cannot be met,
Board of Adjustment
February 14, 2018
Page 6 of 10
the applicant should provide a low masonry wall 2 1/2 -3 feet in height with addition to shrubs.
Staff recommends approval of EXC18-00002, an application for a reduction in the principal
building setbacks from 10 feet to 1'10" for the front (west), and from 5 feet to 3 feet for the
side (north) for property located in the Community Commercial (CC-2) zone at 408 Gilbert
Street subject to substantial compliance with the site plan submitted and the additional
condition:
Parking areas shall be screened from Gilbert Street to the required S2 standard, with
low 2 -3 foot masonry wall with additional landscaping. Final plan to be approved by
planning staff.
Parker asked about the addition of the low masonry wall and what it is to achieve. Walz
explained in the footnote on the bottom of page 5 of the staff report discusses what is required
for S2 screening and one option is a low wall. It will accomplish two things: in places where
there is an inadequate setback and screening a low wall will provide a screen from the view of
the cars and headlights, and provide a physical barrier between vehicles and pedestrians.
Chrischilles asked what kind of barrier would be on the north side. Walz said along the west
face of the parking area (north side of the parking area) there are currently wire fences where a
low wall would be placed, and then also another low wall along the other sides of the parking as
well. The zoning code (S2 standards) allow the low walls may be broken periodically to allow
for a tree or shrub to add greenery.
Parker asked about a wall as opposed to using trees and shrubbery as screening due to the
proximity to Ralston Creek and vegetation rather than masonry wall would help filter runoff
water that will be going into Ralston Creek. Walz said that the Board should review the
standards and can recommend whatever they deem appropriate to serve the purpose of the
setback.
Chrischilles asked about the parking requirements for this property. Walz said they meet the
parking requirements for the use.
Weitzel asked if the City had any responsibility to the Federal storage requirement for the record
keeping. Walz said it is not the City's responsibility, it is the occupants responsibility. The
applicant is adding flood -proofing to the building to better secure of the improvements.
Walz added that this is a difficult site, it is not the most attractive building right now so the
improvements to the building will make it more attractive. However the use does rely on foot
traffic and does rely on being in a location that is close to campus. The business's demand for
square footage may them from being closer to campus where square footage costs more. This
odd lot could be used for many other things, some of which the City and public may not want
(i.e. fast food). The investments to improve the building for the current occupant is providing a
long-term solution allowing the use to stay in the location. While it is a private use, it does
provide a sort of public good as it is used for donations for public health benefit.
Chrischilles opened the public hearing.
Mike Oliveira (General Manager, Prestige Prosperities) thanked Walz for her help with this
application and preparing materials for the Board. He said the manager from the local Bio-Test
Plasma Center is also here tonight and can answer questions as well. Bio-Test has been at this
location for eight years, Oliveira purchased the building about nine years ago, and then previous
Board of Adjustment
February 14, 2018
Page 7 of 10
tenant moved their operations to Coralville. When Bio-Test was brought on board Oliveira said
they did renovate the building to Bio-Test's specifications and the center today employs about
45 full-time people. There is high traffic at the center and a lot is pedestrian traffic. The Bio-
Test Corporation came to Oliveira to find a solution to an issue they were having with their
freezers, at one time when there was a government plasma shipping ban the freezer became
overloaded. In order to fix that freezer, they will need to add another freezer in the center that is
operated in parallel. The freezers costjust under $1 million apiece and there are currently two
in the facility. It is a big investment for Bio-Test to add another freezer in order to stay in this
location.
Bob Carlson (CDT Architects) explained as the building is set up now the lower level is where
the donation area is and also the processing area with the freezers. Since the government
requires them to keep all paper records onsite they will run out of current space. The lower
level of the building is also one inch below the City defined flood level, so there needs to
something done to protect from that. What they felt was best from an architectural standpoint
was to clear everything out of the lower level and move it all to a third floor that will be the same
footprint as the rest of the building. They would then pour a new basement floor to get it above
the flood level so it could be used as one large storage area for their record storage needs.
They will also add an elevator that would serve all three levels, and additional exit for fire safety
When constructing the third floor they can then keep all operations of the center up and running
during construction. The building was originally built when Iowa City had a cable car system in
the early 1900's and this building was where repair of cable cars was done, and that is why the
building is of such a unique shape. Carlson shared the construction materials they will use and
options for finishing.
Dan Rohwer (Bio-Test Plasma Center Manager) said they do approximately 46,000 procedures
per year at their center. Last year they paid over $3 million in wages and donor fees. With the
addition of the elevator it will help with donor health and safety. Also because of the strict
regulations they have on record storage (they need to keep records for 40 years, but after 2
years can be moved offsite) so they really do need more storage.
Oliveira reiterated the plans that Carlson shared with regards to flood prevention planning and
the uniqueness of the building. He reiterated that this use was a benefit to the neighborhood
and use had a high traffic count.
Carlson spoke regarding adding shrubbery, noting that years ago there was a line of shrubs
along the sidewalk there up to the creek and a series of sexual assaults had occurred in that
exact area by the bridge, so the shrubs were removed at the request of the police. He would
not want to see anything placed there that someone could hide behind and harm others.
Chrischilles closed the public hearing.
Weitzel doesn't see any problems with this application and feels it meets the criteria and doesn't
feel there are any other requirements to add.
Parker also doesn't have any further requirements to add. As a side note, he suggested
perhaps Oliveira could consider adding a plaque to the building to discuss the history of the
building.
Hall is fine with requiring the masonry wall and not having just plants.
Board of Adjustment
February 14, 2018
Page 8 of 10
Chrischilles feels everything is in order
Parker moved to approve EXC18-00002, an application for a reduction in the principal
building setbacks from 10 feet to 1' 10" for the front (west), and from 5 feet to 3 feet for the
side (north) for property located in the Community Commercial (CC-2) zone at 408 Gilbert
Street subject to substantial compliance with the site plan submitted and the additional
condition:
• Parking areas shall be screened from Gilbert Street to the required S2 standard, with a
low 2 -3 foot masonry wall with additional landscaping. Final plan to be approved by
planning staff.
Seconded by Hall.
Parker stated that regarding agenda item EXC18-00002 he concurs with the findings set forth in
the staff report of February 14, 2018, and conclude the general and specific criteria are
satisfied. Unless amended or opposed by another Board member, he recommends that the
Board adopt the findings in the staff report as our findings with acceptance of this proposal.
A vote was taken and the motion passed 4-0.
Chrischilles stated the motion declared approved, any person who wishes to appeal this
decision to a court of record may do so within 30 days after this decision is filed with the City
Clerk's Office.
BOARD DISCUSSION:
Walz handed out the annual City survey for current Commission and Board members to gather
information on representation.
Parker requested information on the City's Stormwater Management requriement and Walz said
she would provide that information from the code.
ADJOURNMENT:
Hall moved to adjourn the meeting.
Parker seconded.
A vote was taken and the motion passed 4-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2017-2018
JAME
TERM EXP.
1/11
4/12
5/10
6114
7/12
10/11
12/11
1/10
2/14
ES, T. GENE
1/1/2019
X
X
X
X
X
X
X
X
X
JIE
1/1/2020
X
X
X
X
O/E
X
X
X
X
1/1/2023
X
'.YCE
1/1/2022
X
O/E
X
X
O/E
X
X
X
X
:KY
1/1/2018
X
X
X
X
X
X
X
N
1/1/2021
X
X
X
X
X
X
X
X
X
= Present
= Absent
. = Absent/Excused
- = Not a Member