HomeMy WebLinkAbout06-13-2018 Board of Adjustment-e�.
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
June 13, 2018
5: 15 P.M.
Emma Harvat Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, June 13, 2018 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the May 9, 2018 minutes
D. Special Exception Item
An application submitted by the Sudanese Community Center to locate a General Community
Service use in the Intensive Commercial (CI-1) zone at 536 Southgate Avenue. (EXC18-00006)
E. Board Information
Update on TSB Holdings, LLC, and 911 North Governor, LLC, vs. Board of Adjustment
City of Iowa City.
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, July 11, 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: EXC18-00006
536 Southgate Avenue
GENERAL INFORMATION:
Applicant:
Prepared by: Sarah Walz
Date: June 13, 2018
Sudanese Community Center
Contact: Elsadig Saleh
2422 Bartell Road
Apt. 4 C
Iowa City IA 52246
347-622-7220
Property Owner: Aterra 23
Thomas Bernell
1001 Grand Avenue
West Des Moines, IA 50265
Requested Action: Special exception to allow a General Community
Service Use in the Intensive Commercial (CI-1)
zone.
Location:
526 Southgate Avenue
Size:
Approximately 11,850 square feet (80 x 148)
Building = 2048 square feet.
Existing Land Use and Zoning:
Intensive Commercial (CI-1)
Surrounding Land Use and Zoning:
North: General Trade Use (contractor's shop); CI-1
South: General Trade Use (contractor's shop); CI-1
East: Media Com
West: Vehicle Repair; (CI-1)
Applicable code sections:
14-413 4D-4, Specific Criteria for General Community
Service Uses in the CIA zone; 144B-3A, General
Criteria for all special exceptions.
File Date:
May 15, 2018
BACKGROUND:
The Sudanese Community Center is seeking to locate in the Intensive Commercial (CI-1) zone at
536 Southgate Avenue. The existing building provides approximately 2,048 square feet of general
office type space. The front parking area includes 7 spaces. The applicant is leasing the property
and is currently occupying.the building with a temporary use permit.
Community Service uses are allowed in the CIA zone by special exception. The proposed
community center would fall under the General Community Service use classification, which includes
community centers; neighborhood centers; youth club facilities; some social service facilities;
vocational training facilities for the physically or mentally disabled; etc. The zoning code notes that
this use is distinct from religious institutions and private clubs and lodges, which are classified as
religioustprivate group assembly uses.
The applicant is proposing to use the space as the main center for their organization, which
provides language classes , citizenship, and cultural classes (such as music and stories), a library,
and general assistance and counseling for new immigrants and refugees settling in the Iowa City
area. Most activities for the organization take place in the evening or on weekends. The applicant
also indicates involvement with sports (soccer for kids and adults) as well as occasional
gatherings for food and celebration. A daycare use is not proposed as part of this application and
would require a separate special exception.
The purpose of the Intensive Commercial (CI-1) zone is to provide areas for those sales and
service functions and businesses whose operations are typically characterized by outdoor display
and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor
commercial amusement and recreational activities or by activities or operations conducted in
buildings or structures not completely enclosed. The types of retail trade in this zone are limited
in order to provide opportunities for more land intensive commercial operations and also to
prevent conflicts between retail and industrial truck traffic.
Properties that surround the proposed site include vehicle repair and contractor storage and back
office uses related to building trades. Although Southgate Avenue and Boyrum Street have
pavement widths of 36 feet, parking is prohibited on both streets.
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 14-413-04 pertaining to General Community
Service Uses in the Intensive Commercial (CI-1) zone 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 specific and general approval criteria are
set forth below.
Specific Standards (14.4B-4D-4)
The proposed use will not significantly alter the overall character of the zone and will not
Inhibit future development of uses for which the zone is primarily Intended. The Board will
consider such factors as size and scale of the development, projected traffic generation,
and whether adequate transportation, transit, and pedestrian facilities exist to support the
proposed use.
FINDINGS:
Based on the applicant's statement, the principal use of the property will be for classes
and community outreach to assist new immigrants and refugees with settlement in the
area.
Large events and general assembly are not a regular function of the proposed use.
The property meets the minimum parking requirement of 7 spaces for the community
service use based on the square footage of the building: 1 space per 300 square feet of
building area. Two additional spaces could be stacked along the drive east of the building.
This amount of parking should be sufficient for most small group uses —those requested
on the applicants statement.
The property does not have adequate off-street parking for large group events.
Parking is prohibited on Southgate Avenue and Boyrum Street and is not allowed on
adjacent private properties.
Given the limited amount of off-street parking on the site and the restrictions on on -street
parking on Southgate Avenue, Boyrum Street, and Olympic Court, staff recommends that the
applicant provide a plan for communicating to its members alternatives (e.g. bus or carpooling
to events) as well as where off -site parking may be found in the neighborhood.
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 use of the property will be largely indoors. Meetings and classes that take
place in the evenings or on weekends when adjacent commercial uses are not active.
The outdoor area to the rear of the building is fenced on two sides, providing separation
and security for outdoor storage areas on the adjacent sites. Fencing around the perimeter
of this area (north, east, and west sides) is needed to separate incompatible uses and to
discourage trespass on to adjacent CI-1 properties where outdoor storage of materials
and vehicles are a common use.
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:
The outdoor area, is surrounded by repair and contractor uses which may be incompatible
with outdoor activities in terms of safety, especially for activities that involve children and
sports.
o To ensure that activities associated with the community service use remain separate
from adjacent vehicle repair and other contractor type uses, staff recommends a 6-
foot high fence to enclose the back yard (east, west, and north sides). A fence is
already present on two sides of the property.
Given the minimal amount of parking on the lot and the prohibition of parking on Southgate
Avenue and Boyrum Street as well as Olympic Court, large gatherings are not easily
accommodated on the she. The Community Center should look to other venues such as
recreation centers or parks for large events and celebrations (as noted above, regular use
of the property for large events may result in a different classification of the use).
Occasional large events may be held if the applicant secures a temporary use permit.
Staff recommends the following conditions to address the occasional use of the
property for larger events or celebrations.
Any event that will be attended by more than 40 people requires a temporary use
permit. The permit application will include a management plan for how to address
parking, transportation, and, in the event of outdoor activities, litter/recycling
collection, which are issues commonly related to large events and that may
impact on adjacent properties.
An important goal of the special use permit and management plan are to have the
Community Center actively communicate with those attending events where to find
parking and to discourage parking or crossing onto adjacent CIA properties due to the
security concerns with outdoor storage on those sites.
The 40-person limit is recommended by staff based on the City's occupancy standards
of one person per 50 sq ft. The building includes 2,048 square feet of usable space.
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.
See findings under 1 and 2 above.
So long as the predominant use of the property remains as described in the applicant's
statement (classes and small group meetings and counseling), the site and parking
should be sufficient. As stated above, occasional large group should not be a regular
use of the property and should require a temporary use permit to ensure appropriate
planning for parking.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDING:
All necessary utilities and other facilities (streets, sidewalks, storm drainage) are
already in place for this property and the neighborhood.
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:
• Given the limited size of the parking area and use of the property, which is typically on
evenings and weekends, the amount of traffic to the site will not create congestion on
the public streets.
Southgate Avenue and Boyrum Street have pavement widths of 36 feet.
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:
• Bicycle parking is currently lacking on the property and must be provide. Based on the
parking requirements in 14-5A-2, four bicycle parking spaces are required.
The parking area is non -compliant with regard to setbacks and screening. However,
the parking area is too small to meet the standard and provide the minimum parking
requirement based on the square footage of the building. Any expansion of the use
would require another special exception and additional off-street parking. At such time,
the parking situation should come closer to complying with the code requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this based on the following finding.
The Comprehensive Plan supports the provision of community services in areas with
appropriate pedestrian and bus access. Bus service is provided along Southgate by
the Broadway, Lakeside, and Cross Park routes. The Broadway and Lakeside routes
both provide evening and weekend service. Sidewalks are in place throughout the
neighborhood, connecting the property to nearby residential neighborhoods and bus
stops.
STAFF RECOMMENDATION: Staff recommends approval of EXC18-00006, an application for a
General Community Service Use in the Intensive Commercial (CI-1) zone at 536 Southgate
Avenue, subject to the following conditions:
• Large gatherings may only be held on an occasional basis and require a temporary use
permit as follows:
o Any event that will be attended by more than 40 people requires a temporary
use permit.
o The permit application must include a plan for how to address parking,
transportation, and, in the event of outdoor activities, litter/recycling collection.
A 6-foot fence must be installed to enclose the open space to the rear of the building (east,
west, and north sides).
Installation of required bicycle parking (4 spaces).
ATTACHMENTS:
1. Location map
2. Site plan
3. Application materials
Approved by:7J�)' . , �� ~
Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
/ \ � � -���K� , �� - • � y � a�
for-
lat.
�
� � ■■# � �& �� �r
t� �E
& , •,
�.»
4-1 »� m
:[ \
[ � ■@� :,
�w
wnee k §
>� ƒ§k�
) �• •e= .
=§t%u
�ƒ§§/f �
m°I]f
' - ]k§m§
-. Lnw
=ee�2 �
k/\0CA
- +cn
� �bo (U\§ �
_ 2mam j
�-
�,
.
.�... ......,w.-
o
\
/
.>...
. »:« �:
r» y>»x
.
.
wn ,ko e
�
�
#@§kw
§22§;\
7§04j
w§\mEn
/
.�/]k%){
)�§/ate
\k4m§#
\�
`Sc+£
Cl��-�\
n �g -C)0006
APPLICATION TO THE
SOAR® OF ADJUST
SPECIAL EXCEPTION
T
CEPTION
PROPERTYAOORESS: pfig PROPERTY PARCEL NO.
�� al
PROPERTY ZONE:
-- P�PERTY LOT SqE:
APPLICANT: �""--
Name:
Address: 2tI7� n.n n-r3 ._ ..
Phone: �t---'fe-
(CO� PERS®N; Name. -
Address:
Phone: _
PROPERTY O Name:1� 2
in other than appWNE
A mamas
tvnn
Phone: 51 S . g.5 90 a 5
Specific
InB codegSPd Ex':epuon� Please list the cannot the s specialcr7PUon and aerr nu
ftIrW In
amtact Sarah Walzl� on or do not know which section °f YOU
two s�Qk9• �!�
6'S239 or e�+nail -•�rr..
/r �or+'a�ltyorgr Fuse
L /— 2special 7c�P�ton. d�ros`1` �c`Yl Cr
�} M
to of Previous application or SPPeal Sled, Nany: _ r
To whom it concern
i
We as Sudanese community who resides in Iowa City have the privilege to be a
part of this beautiful city. Iowa City has become our home and we are very proud
of it.
The following are the list of our activities now and here after -
Sport: Soccer for kids and adults
Education program: ESL for adults, Arabic class for kids, Citizenship classes for
immigrants and refugees about the USA history and reading short stories for the
kids (English Books).
Culture: Music and songs to the kids to learn and keep the parent culture and care
for kids.
Charity: help new comers for resettlement, community gatheringbscug our
max'
issues among different families,
-ter, u3
We use the center as library for student who go to Kirkwood an -cr,. v V
er�.sity cV
Iowa, also we do table discussion about what is happing in Iowa for purpose of
English improvement and encourage student to communication.
Note: Our activities are mainly involve in the evening times and weekends.
.6-
NOTE: PMWUM 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, fighting, operational controls,.
Improved traffic circulation requiremetnts, highway access restrictions, Increased minimum
Yard requirements, parking requirements, Nmltatons on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the ch mnstannes upon a finding that the conditions are necessary to fulfill the purpose and Intent of the
Zoning Chapter. (Section 14-SC-204, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the data the written decision is filed with the City Clerk,
unless the aPPlloard shag have taken action within the six (6) month period to
establish the use or conabW 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 permlL 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-ilF, City Code).
Petition for writ of 68rtlorsd Any 139mon or persons, Jointly or sevandly, 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 vaHfled,.cettng forth that such decision
Is illegal, in whole or in part, and sPeo W"ll the grounds of the Illegality. (Section
14-8C4 F, City Code). Such petition shall be Presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: a G3 — 20 t $ . 261Q
Signatures) of Applicant(s)
Date: /D 20 (6
25 ature( f ��7V
if Different than pro�cM( E!
Appitra s
� e✓
PPCWRbftw.cbcZ�n � T
�-< — nr'
h—
MINUTES
PRELIMINARY
BOARD OF ADJUSTMENT
May 9, 2018 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:
Gene Chrischilles, Ryan Hall, Bryce Parker, Tim Weitzel, Connie
Goeb
MEMBERS ABSENT:
Connie Goeb
STAFF PRESENT:
Susan Dulek, Sarah Walz
OTHERS PRESENT:
Brian Boelk, Matthieu Biger, Jacqueline Biger, Thomas Agran,
Ryan O'Leary, Mark Seabold.
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 FEBRUARY 14, 2018 MINUTES:
Goeb noted a correction to the attendance sheet —she had not been present at the February
meeting. Parker moved to approve the minutes of January 10, 2018, with edits. Hall seconded
the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC18-00003:
Discussion of an application submitted by Kum and Go LC application submitted by Kum & Go,
LC for a special exception to allow a gas station convenience store within the Towncrest
Redevelopment Area at 2303 Muscatine Avenue.
Walz began the staff report with an aerial view of the zoning of subject property, which had
recently been rezoned. A re -subdivision of a number of properties along First Avenue, Muscatine
Avenue, and Wade Street would create a new property that would combine two existing gas
stations along Muscatine. 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. Walz explained the goals of the Towncrest Plan,
which are to improve physical condition of the area, especially the streetscapes, sidewalks, and
Board of Adjustment
February 14, 2018
Page 2 of 8
planting areas; to create a cohesive architecture[ character that brings buildings closer to the street
and sidewalk, with parking areas located to the rear; an emphasis on sustainability in building
materials and site elements. Overall the plan focuses on making the area more pedestrian friendly.
Walz explained the challenges presented by the site, which fronts onto three streets, and how a
what is by nature an auto -oriented use, such as "Quick Vehicle Service Use", can be more
pedestrian friendly.
Walz summarized the staff report, noting various elements of the development that improve
traffic and pedestrian safety, especially the consolidation and relocation of curb cuts and the
various improvements to the public sidewalk and pedestrian areas, and the relocation of the
building to the comer of Muscatine and First Avenues.
Walz, noted that 3-4 parking spaces shown adjacent to the convenience store are located within
a required 30-foot setback from the front building line —a standard of the CB-5 zone. She
explained that staff recommended waiving this requirement based on the overall site design,
which greatly improved the pedestrian environment and the level of screening for the parking
area close to the convenience store building.
Walz noted that staff had recommended two changes to the site plan:
1. The location of three parking spaces to the east of the fueling stations be
eliminated;
2. The design of the 20-foot landscaped setback along the Wade street frontane to
serve some level of stormwater infiltration.
Chrischilles opened the public hearing and invited the applicant to come forward.
Brian Boelk (HBK Engineering) noted the considerable effort of the applicant to meet the
standards of the Towncrest Design Plan. He asked that the Board preserve the parking spaces
on the east side of the paved area. He noted that the applicant has found that 25 parking
spaces represents the minimum that Kum and Go usually has on a site. These spaces would
service as employee parking and could be marked as such. He also noted that the requirement
for an area for infiltration had not been considered by the applicant and that, as an engineer, he
believed there was not adequate space. He suggested that a mechanical filter might be more
appropriate and that a landscape system might not be maintained and therefore might not
function as staff intended.
Board members asked for clarification on staffs recommendation to remove parking. Walz
clarified that in staffs view the location of the parking to the far side of the site did not seem to
meet the intent of the screening requirement.
Board members asked for clarification on the Towncrest Design standards with regard to
stormwater. Walz stated that it was not a requirement, but a recommendation of the Towncrest
Plan that strongly encouraged developers consider the sustainability, of choices. Given the
amount of paving on the site and the 20-foot setback being proposed, staff believed there is an
opportunity in the landscaped area to create more opportunity for infiltration. The language of
the recommendation was intended to be flexible so that the applicant could design something
that would work.
Chrischilles closed the public hearing.
Parker moved approval of EXC18-00003, a special exception to allow a Quick Vehicle
Board of Adjustment
February 14, 2018
Page 3 of 8
Service Use in the Towncrest Design District, subject to the following conditions:
• Substantial compliance with the site plan submitted, with the removal of three
parking spaces along the wade street frontage.
• Design Review Approval of the convenience store building.
• Light plan must meet code standards.
• Final approval of all landscaping materials by the City Forester.
• In consultation with the City Engineer, the applicant shall use the landscaped area
along the Wade Street frontage to Improve stormwater quality.
Hall seconded the motion.
The Board discussed the staff recommendations and considered the wording of the
recommendation to require the landscaped area adjacent to the Wade Street right-of-way for
some sort of improvement related to stormwater. They were not opposed to mechanical filters
but concurred that more could be done with the green space.
The Board noted that they concurred with the findings set forth in the staff report of May 9,
2018, and concluded the general and specific criteria are satisfied and adopted the findings in
the staff report as findings of fact.
Board members noted that the proposed development would improve this area greatly and that
changes to curb cuts and streetscape would make the area much better, especially for
pedestrians. They noted that there is more and more pedestrian traffic in this area.
A vote was taken and the motion carried 5-0.
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.
SPECIAL EXCEPTION ITEM EXC18-00004:
Discussion of an application submitted by Matthieu Biger 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 located at 519 North Johnson.
Walz showed the location map, noting the relationship of 519 North Johnson to other adjacent
properties. She explained the purpose of the rear building setback standard. She noted that the
subject property has a smaller lot area than what is currently required by code and that this is
not unusual in this part of the community in historic neighborhoods. As a corner lot, the property
is required to provide two front setbacks, which pushes the limited developable area further to
the interior of the lot.
Walz showed where the proposed addition would be located on the lot and how this placement
related to the abutting properties. Welz also explained that the applicant was required to seek a
minor modification for a newly adopted rear open space requirement. She noted that the new
requirement allowed relief for properties such as this one —lots substandard in size, corner lots,
lots with opportunity for open space in other areas of the property.
Board members asked for clarification regarding the structures on adjacent properties. Walz
Board of Adjustment
February 14, 2018
Page 4 of 8
pointed out the garages located on properties to the north and west. These structures basically
line up with the location of the addition. A question was asked about the lack of a sidewalk along
the south property line. Walz indicated that staff did not believe that there was a rational nexus
with the addition to provide one and also noted the unusual alignment of driveways and alley
just to the west of the subject property. A more continuous sidewalk is provided on the North
Market Square Park.
Chrischilles invited the applicants to speak.
Mattieu and Jaccueline Bluer explained that they had purchased the house through the
UniverCity Neighborhood Partnership and had made many improvements to it in the seven
years since, including a new roof and work to the garage. They now had children and wished to
stay in the house for many years to come but needed more space and the modem convenience
of and additional bathroom. They hoped the board would grant their request.
Chrischilles opened the public meeting.
Thomas Aaran (512 North Van Buren) noted that he is a neighbor and also someone who
purchase a home through the UniverClty program. He is supporting the proposal and thinks that
it was the intent of the program that people would make this kind of investment in their property
and that the space in which the addition will be located will be attractive from the street and the
park.
Ryan O'Leary (address ?) said that he was attending for the final application but is also in
support of the current application. He is a realtor who has sold several homes in the immediate
neighborhood and thinks the proposal will enhance the livability of the property.
Chrischilles closed the public hearing.
Goeb moved to approve EXC1 t1-00004, an application for a reduction in the rear
principal building setbacks from 20 feet to 13 feet, subject to the following
conditions:
• The setback reduction applies to the proposed home addition only;
• Substantial compliance with the site plan submitted
• The applicant must secure a Certificate of Appropriateness for the addition from
the Historic Preservation Commission.
• The applicant must secure a minor modification for a reduction In the rear open
space requirement.
Parker seconded the motion.
The Board noted that they concurred with the findings set forth in the staff report of May 9,
2018, and concluded the general and specific criteria are satisfied and adopted the findings in
the staff report as findings of fact.
A vote was taken and the motion passed 5-0.
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.
SPECIAL EXCEPTION ITEM EXC18-00005:
Board of Adjustment
February 14, 2018
Page 5 of 8
Discussion of an application submitted by Renshaw 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 West.
Walz showed an aerial view of the property, noting the 15-foot rear setback where a 20-foot
setback is required. The commercial property abuts residential properties alona Doualass Court
and the building itself will not move any closer to the property line.
Walz explained the applicant wished to raise the ceiling height of the commercial building, which
is currently substandard. A higher ceiling height would allow the applicant to better market the
commercial space being vacated by Paul's Discount (a collective sigh from the board members
and other in attendance was audible).
Higher ceiling heights will allow for improved HVAC, lighting, signage, and other standard
requirements of commercial tenants. The additional building height space is not to allow a
second floor. Walz explained that the applicant could move forward with raising the roof height
on all of the roof except the rear 5 feet, which is within the setback. However, she noted, this
was not practical. The maximum building height limits in the commercial zone and the
residential zone are the same-35 feet. This will increase the height of the building to 24 feet.
In reviewing this staffs main concern was any potential changes to the rear of the property —the
area within the setback. Walz noted that any storage or active uses behind the building would
require the applicant to install screening. At a minimum staff felt that a fence and S3 landscape
screening would secure the site and minimize views of these activities, and had recommended
this as a condition of approval. The applicant has subsequently suggested a 6-foot solid fence
along the entire property line.
Hall asked about whether any residents along Douglass Court had solar panels on their roofs
and if the ceiling height would diminish their exposure.
Chrischilles invited the applicant to speak.
Mark Seabold (Shive Hattery) explained the need for the additional ceiling height. He noted how
currently the setback had functioned almost as additional yard space that with new commercial
tenants the applicant wanted to be sensitive about any changes to the rear of the property.
He noted that the change in ceiling height would not have an impact on any current or future
solar on homes.
Ryan O'Leary (Ranshaw) indicated that they had held a neighborhood meeting. Three
neighbors attended and they were generally supportive. O'Leary thought a rear fence would be
appropriate for security reasons.
Hall asked if solar had been considered on the rooftop. Seabold indicated no, but that they may
use the additional height to get more daylight into the buildings.
Parker asked about stormwater improvements. Walz suggested that since the building footprint
was not increasing, there may not be a rational nexus to require this. Seabold indicated there
would be a gutter system installed.
Board of Adjustment
February 14, 2018
Page 6 of 8
Chdschilles closed the public hearing.
Weitzel moved for approval of EXC18-00005, a special exception to allow a building
height increase to 24 feet for an existing building In the Community Commercial (CC-2)
zone at 424 Highway 1 West, subject to the following condition:
• If the applicant proposed any changes within the rear setback, such as
additional rear exit doors, paving, or storage of any kind, a 6-foot high solid
fence (S-5) must be installed along the entire length of the rear property
line.
Hall seconded the motion.
The Board noted that they concurred with the findings set forth in the staff report of May 9,
2018, and concluded the general and specific criteria are satisfied and adopted the findings in
the staff report as findings of fact.
A vote was taken and the motion carved 5-0.
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:
Dulek explained that the City Council had adopted an amendment to the City Code in response
to concerns from the Lusk Avenue neighbors. This change would allow the appointment of an
altemate board member in the event that a current board member had recused themselves due
to a conflict of interest. This would only apply in the case of an appeal and the alternate would
be a person who had served on the board during the previous 5 years —a refired board
member. Given the unique nature of the Board of Adjustment, staff had recommended having a
member who had previous experience and training with the board.
Parker noted he would be away for the August meeting. Weitzel noted he would miss the July
meeting.
ADJOURNMENT:
Hall moved to adjourn the meeting.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2017-2018
NAME
TERM EXP.
4112
5/10
6114
7/12
10/11
12111
2/14
5/09
CHRISCHILLES, T. GENE
1/1/2019
X
X
X
X
X
X
X
X
GOER, CONNIE
1/1/2020
X
X
X
O/E
X
X
O/E
X
HALL, RYAN
1/1/2023
—
—
—
—
—
—
X
X
PARKER, BRYCE
1/1/2022
O/E
X
X
O/E
X
X
X
X
SOGLIN, BECKY
1/1/2018
X
X
X
X
X
X
--
-
WEITZEL, TIM
1/1/2021
X
X
X
X
X
X
X
X
KEY: X=Present
O=Abserd
O/E =AbsenbEx d
— = Not a Member