HomeMy WebLinkAbout08-08-2018 Board of Adjustment1p�"W, _
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
August 8, 2018
5:15 P.M.
Emma Harvat Hall
�111 f_i-J. •
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, August 8, 2018 — 6:16 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
C. Consider the June 13, 2018 minutes
1. Discussion of 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)
2. Discussion of an application submitted by Public Space One for a special exception to
allow 2,900 sq. ft. of retail space and a reduction in the minimum off-street parking
requirement for property located in the Mixed Use (MU) at 117 N. Van Buren St.
(EXC18-00007)
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, September 12, 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
Applicant:
Prepared by: Sarah Walz
Date: June 13, 2018
Sudanese Community Center
Contact: Elsadig Saleh
2422 Bartelt Road
Apt. 4 C
Iowa City IA 52246
347-622-7220
Property Owner.
Requested Action:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable code sections:
File Date:
BACKGROUND:
Aterra 23
Thomas Bernell
1001 Grand Avenue
West Des Moines, IA 50265
Special exception to allow a General Community
Service Use in the Intensive Commercial (CI-1)
zone.
526 Southgate Avenue
Approximately 11,850 square feet (80 x 148)
Building = 2048 square feet.
Intensive Commercial (CI-1)
North: General Trade Use (contractor's shop); CIA
South: General Trade Use (contractor's shop); CIA
East: Media Com
West: Vehicle Repair, (CI-1)
14-4B-4D-4, Specific Criteria for General Community
Service Uses in the CIA zone; 14-4B-3A, General
Criteria for all special exceptions.
May 15, 2018
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 rotes that
this use Is distinct from religious institutions and private dubs 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 14-4B-4D-4 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 speck 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 applicant's 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 offsite 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 site. 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.
4
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 CI-1 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 EXC16-00006, 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:i.-1 ��.---
Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
y � Sx fi t 7i S
OPDIRS12
An application submitted by
Elsadig Saleh j Sudanese community
for a special exception for 0.272 acres s
of property located at 536 Southgate Avenue. - ..
for Community Service use in the CI -I zone.
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CITY OF IOWA CITY
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APPLICATION T
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BOARD OF ADJUSTMENT
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EXCEPTION
DATE: 9 Q.C.Q. � _2c3 �$
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Dab of pt ettious application or appeal flied, if any:
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1 To whom it concern
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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
i
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 gathering
sjiscung our
issues among different families. ar
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We use the center as library for student who go to Kirkwood anc rl =sity
60
Iowa, also we do table discussion about what is happing in Iowa for purppse of
English improvement and encourage student to communication.
Note: Our activities are mainly involve in the evening times and weekends.
.6.
NO : Q ccnsand WM In permitting a spacial exception, the Board may impose appropriate,
construction commencement and completion deaMnes, feguards, Including but not limited Fighting, planting Operational eonbols,.
improved traffic circulation requirements, highway access nrebkt0ns, increased minimum
Yard requirements, parking requirements, Imitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the drenrratsncea
upon s finding firet the conditions are necessary to fulfil the purpose and intent of the
Zoning Chapter. (Section 144C-2CA City Code),
OWNS,. Wass otherwise detenebred by the Board, all orders of the Board shall
expire six (0) months from the date the written decision is filed with the City Clerk,
unless the applicant steal have taken action within the abc (0) month PWW to
establish the use or construct the buildingg 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 no permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the Original appeal or application,
(Section 14-8C•1E, City Codej
patfflon far VA Of •.e.a"d, /yY person or persons, Jointly or sevendl
by aryr decision of the Board under the provisiona of the Zoning Chapter, aggrieved
or any
taxpayer or any Officer, department or board of the �6 or court of
record a petition for wdl of certiorari duly volfled,. ng forth that such decision
on
18 lnegaL In whole Or
, City Code), iSuch pecan shall be " Part, and specifying tpresented to the courhe
wiihth n(Section
days after the Ming of the decision in the offloe of the CHy Clsrkthirty (�)
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KENNEDY, CRU15E, FFREY & GELNER, L.L.P.
ATTORNEYS AT LAW
920 S. OUSUOUE STREET - P.O. BOX 2000
MICHAEL W. KENNEOY
IOWA CITY, IOWA 52244
KIF8TEN *I. FREY
TELEPHONE (310) 351.8181
KAMOIE K. GELNER
FAX (319) 351.0605
August 2, 2018
T. Gene Chrischilles Constance Goeb
Board of Adjustment Member
410 E. Washington St.
Iowa City, IA 52249
Ryan Hall
Board of Adjustment Member
410 E. Washington St.
Iowa City, IA 52249
Bryce B. Parker
Board of Adjustment Member
410 E. Washington St.
Iowa City, IA 52249
MARCUS M. MILLS
ZACHARY R. OAVELAAR
KATHERINE E. OTTO SIMMERING
Board of Adjustment Member
410 E. Washington St.
Iowa City, IA 52249
Tim Weitzel
Board of Adjustment Member
410 E. Washington St.
Iowa City, IA 52249
Re: Application for Special Exception for the Sudanese Community Center
Dear Board of Adjustment Members:
1 represent Shay Automotive Services, Inc., which is located on 1936 B yrurn Street,
adjacent to the proposed Sudanese Community Center on 526 Southgate Avenue. I write to urge
the Board to deny the Application for Special Exception for the Sudanese Community Center as
the surrounding characteristics of the area are not appropriate for the operations of the
Community Center.
Under Chapter 14-48-3 of the Iowa City Zoning Code, to grant a special exception, the
Board of Adjustment must find that the applicant meets the general approval criteria and the
specific approval criteria. Among the general approval criteria, the Board must find that the
specific exception will not be detrimental to or endanger the public health, safety, comfort or
general welfare. Iowa City Zoning Code 14-4B-3(A)(1). While some of the Sudanese
Community Center's activities take place indoors, the Center also frequently uses the outdoor
space for sports and large gatherings. The outdoor area is not well -lit. Many of the attendees,
including little children, have trespassed onto my client's property. My client operates a vehicle
repair business, and equipment and vehicles are often stored outside. My client's business
operations also involve flat-bed tow trucks, oil trucks and even semi -trucks coming onto their
property regularly. This is truly no area for children to play. As such, approving the Application
for Special Exception would be detrimental to the safety and general wellbeing of the public.
To grant the special exception, the Board also must find that 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. Iowa
City Zoning Code 14-413-3(A)(2). The Staff Report prepared by Sarah Walz and presented at the
June 13 Board meeting highlights the minimal amount of parking on the lot and surrounding
areas. The Community Center.has only seven :I parking spaces and on -street parking is prohibited
in the immediate vicinity. Thus, the Staff Report recommended requiring a temporary use permit
for any event that will be attended by more than 40 people and allowing only the occasional use
of the property for larger events. However, it is highly unlikely that seven spaces will be
adequate for gatherings of less than 40 people. In fact, that would require more than five people
to come in each car.
In addition, even if the Board were to require a temporary use permit requirement, such a
requirement would be effectively unenforceable. Who will enforce the 40-person limit for
gatherings? And what is occasional? How often? Once a month? Once a week? The
Community Center has stated it has approximately 75 active members, well over the proposed
40-person limit. While the Community Center has claimed large events and general assembly
are not a regular function of the proposed use, the reality is that several large gatherings have
already been held. In fact, the owners of Skay Automotive have seen a large tent for entertaining
erected in the outdoor area with upwards of 60 chairs set up. The limitations proposed by the
City Staff simply aren't workable or readily enforceable.
Additionally, my client has had significant issues with trespassing and littering since the
Sudanese Community Center began its operations. Only a small barrier separates the parking
areas of my client's lot from the Sudanese Community Center. Patrons of the Sudanese
Conintunity Center have repeatedly driven over the small curb barrier and trespassed onto my
client's lot. When my client brought this matter to the Community Center's attention, its
solution was to hang yellow "Caution" tape across the area and place a plastic chair in the center
of the area with a No -Trespassing sign. The Center's "solution" is both ineffective, as cars
continue to drive through the area, and an eyesore. My client has also noticed a substantial and
marked increase in litter and trash on its grounds since the opening of the Sudanese Community
Center. People have also been observed loitering in the surrounding areas, especially following
the large gatherings. My client operates a very clean, well-appointed, first-rate vehicle repair
business. The loitering, increase in litter and continual trespass damages my client's business
and reputation.
The Staff Report proposes conditioning approval of the Special Exception Request on
requiring a six-foot fence be erected around the perimeter to deter trespassing on to adjacent
properties. With all due respect, this is not a sufficient solution. For one, the Community Center
began erecting the fence seemingly without securing a permit. The Community Center used
spray -paint on my client's property to indicate where the fence posts will be placed. When my
clients expressed concern, work stopped for a period of time and when it began again,
individuals once again trespassed on my client's property to install the fence, despite being asked
expressly not to do so. Additionally, the installation of the fence is going to impair my client's
ability to navigate large or bulky equipment, such as a tow truck, flat-bed truck, or oil trucks
through the area. The fence will further intrude upon and interfere with my client's use of its
property.
4 7
y. client -recognizes the value and importance ofhtving a. Sudanese Community Center
but respectfully requests the Board deny the Application for Special Exception to allow the
Sudanese Community Center to operate at 526 Southgate Avenue. My client's business has
large tow trucks bringing in inoperable vehicles. That is not an area for children to be running
around. Vehicles that are damages or in need of repair are not play structures. The Sudanese
Community Center would be better suited in an area where children could play without risk of
serious injury and where large gathering and groups could more easily be accommodated. As it
stands, the Sudanese Community Center has already demonstrated it has not and does not follow
the rules or respect the limitations placed on its use. Allowing it to operate at 526 Southgate
Avenue will be detrimental to my client's business, endanger the public safety and general
welfare. Further, the Center's actions to date demonstrate that the proposed exception will be
injurious to the use of my client's property.
I will be appearing on my client's behalf at the next public meeting discussing the
proposed Special Exception for the Sudanese Community Center to voice their objections.
Please feel free to contact me if you have any questions in the meantime.
I look --
forward to receivin g
'"
KHFlrs
Enc.
14791.1t2018-07-23 Ur to Board of Adjustment
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3
i
To: Board of Adjustment
Item: EXC18-00007
117 North Van Buren Street
IT, U.•1.
Applicant:
Contact:
Property Owner:
Prepared by: Luke Foelsch, Planning Intern
Date: July 9, 2018
Public Space One
120 N Dubuque St
319-331-8893
John Engelbrecht
913 E Jefferson St
319-331-8893
Ralph & Larry Ramer
117 N Van Buren St
319-400-7335
Requested Action: Special Exception to allow a retail use that exceeds
the maximum allowable 2,400 square feet in the
MU zone and a reduction in required parking.
Purpose:
Location:
To allow a visual arts gallery and artist studios.
117 North Van Buren Street
Size: Lot size: approximately 3,600 square feet (90 x 45)
Building Gross Floor Area: approximately 2,900
square feet
Existing Land Use and Zoning: MU/ OHD; Mixed Use & Historic District Overlay
(residential)
Surrounding Land Use and Zoning: North: CO-1; Commercial Office (residential)
South: MU & OHD; Mixed Use & Historic District
Overlay (residential)
East: CO-1; Commercial Office (Mercy Hospital
parking ramp)
West: MU & OHD; Mixed Use & Historic District
Overlay (residential)
Applicable code sections: 14-4B-4B-16, Specific Standards for Sales
Oriented Uses in the MU zone; 14-5A-4F-6,
Specific Standards for Alternatives to Minimum
Parking Standards; 14-4B-3A, General Criteria for
all special exceptions.
File Date: July 6, 2018
BACKGROUND:
Public Space One (PSI) seeks to purchase 117 North Van Buren Street to extend their
programming opportunities and artist resources. PSI is an artist -run, nonprofit arts organization
whose mission includes providing an independent space for making and presenting art, producing
programs, providing artist resources and cultural education, and advocating for the importance of
art.
Under the current proposal, PS-1 would use the property as a venue complementary to their current
location at the Wesley Center at 120 N. Dubuque Street. The Wesley Center will remain the primary
exhibit and group gathering space for the organization with the property at 117 North Van Buren
being used principally for individual artist studio space with gatherings and exhibits being a
secondary use. The ground floor will be used as an art gallery and common space for meeting and
office use. Occasional (2-4 per month) special events will be held in the early evenings such as
fundraisers, readings, and artist presentations. Seven artist studios will located be on upper floors
and basement. Studios will be limited to low -impact media (i.e. no kilns, torches, etc.).The applicant
has also indicated that a program for individual art lessons may be developed in the future.
The proposed use is somewhat difficult to categorize, but most closely aligns with the definition for
Retail Use, which is a provisional use allowed in the MU zone. More specifically, it would fall under
the Sales Oriented Retail use classification, as artisttartisan studios are considered to be a "cottage
industry" component or retail. The MU zone limits the size of sales oriented retail to 2,400 square
feet. Additional square footage may be approved by special exception. The building includes 2,900
feet of gross floor area and thus an expansion is necessary to allow the additional 500 feet.
The purpose of the Mixed Use (MU) zone is to provide a transition from commercial and
employment centers to less intensive residential zones. The MU zone permits a mix of uses,
including lower scale retail and office uses, and a variety of residential uses.
The applicant is also seeking a reduction in the required parking for the use. The minimum parking
requirement for Sales Oriented Retail uses in the MU zone is 1 space per 300 square feet of gross
floor area. The property at 117 N. Van Buren has 2,900 square feet of floor area and therefore
would be required to provide 10 parking spaces (rounded up from 2,900 / 300 = 9%) in addition
to a minimum of 4 bicycle spaces.
Parking is accessed from the adjacent property to the west for which there is a cross access
easement from the alley. These are non -conforming spaces as the parking spaces are only 12' in
depth. The required parking space dimensions are 9'x18' for a standard parking space and 8'x15'
for a compact space.
The property is located within the Jefferson Street Historic District. As a key contributing structure
in a historic district, any modification to the exterior of the home, including construction of a ramp to
comply with ADA requirements for retail uses, must be reviewed by the Historic Preservation
Commission.
Properties that surround the site include a single-family residence and a multi -family residence.
Across the street is the Mercy Hospital parking ramp, which takes up the entire block on the east
side of Van Buren Street.
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
2lPage
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 14-4B-4B-16b, pertaining to sales oriented retail uses in the MU
zone, Section 14-5A-4F-6, pertaining to alternatives to minimum parking standards, 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 Standards: 14-413-413-16: Sales Oriented, Personal Service Oriented, And Alcohol
Sales Oriented Retail Uses In The MU Zone.-
b. The limit on floor area for any one use may be increased from two thousand four hundred
(2,400) square feet up to five thousand (5,000) square feet by special exception; provided,
that the following criteria are met:
1. The increased floor area will be supportable primarily by residents of the surrounding
area.
FINDINGS:
• The application is for an increase of 500 square feet over the maximum floor area
permitted. Staff does not anticipate the relatively small increase in floor area to generate
significant additional customer traffic.
• The location of the properly is close to campus and the Downtown, and within a fairly
dense residential area that with a large student population, suggests that the particular
use can be supported largely by the surrounding neighborhood.
2. The proposed exception will be consistent with the stated intent of the MU zone.
FINDINGS:
Section 14-213-1A of the Zoning Code states the purpose of the MU zone is 'to provide a
transition from commercial and employment centers to less intensive residential zones. The
MU zone permits a mix of uses, including lower scale retail and office uses, and a variety of
residential uses. This mix of uses requires special consideration of building and site design."
• The proposed use will be of a relatively low intensity in comparison to traditional retail
uses. The applicant states that the ground floor will be open only for about 12 hours
per week for meetings and access to the common areas and CAS. Although the
applicant intends to host occasional early evening events each month, this use is not
expected to generate a substantial amount of coming and going during traditional 9:00
-5:00 business hours.
• The area in which the use is to be located provides a transition between the commercial
and high -density residential character of the nearby Downtown and Northside
Marketplace and the lower scale residential neighborhoods to the east. Adjacent uses
include John's Grocery and Mercy Hospital to the north and east and small retail to the
east.
• The very limited nature of the particular use proposed in terms of "customer" traffic and
hours of operation help to ensure that the activities do not detract from nearby
residential uses or from the more traditional retail located on nearby properties (John's
Grocery and Home-Ec).
• By preserving the historic single-family house, the use maintains a residential character
and reflects the established transition between commercial development and
3 1 P a 9 e
residential areas. The only structure on the block that is commercial in design is the
John's grocery.
14-5A-4F4: Alternatives to Minimum Parking Requirements:
Where it can be demonstrated that a specific use has unique characteristics such that the
number of parking or stacking spaces required is excessive or will reduce the ability to use
or occupy a historic property in a manner that will preserve or protect its historic, aesthetic,
or cultural attributes, the board of adjustment may grant a special exception to reduce the
number of required parking or stacking spaces by up to fifty percent (50%) (up to 100
percent for properties designated as a local historic landmark, listed on the national
register of historic places, or listed as key or contributing structures in a historic district or
conservation district overlay zone).
FINDINGS:
• The proposed use is unique in that it will not operate like a traditional retail storefront
where customers are coming and going throughout the day. its regularly scheduled
hours of operation amount to roughly 12 per week according to the application. During
these hours the visitors are expected to be few in number as the nature of the proposed
use is not one that necessitates a large number of patrons to remain viable.
• The principal use of the property will be as studio space. Artist studios are likely to be
used on an irregular basis rather than on a traditional 9-5:00 business schedule and
are unlikely to be occupied during the same hours on routine basis.
• The property is in a particularly walkable area of the city: near Downtown, close to
campus, and within a high -density mixed -use neighborhood that is well served by bike
facilities and transit routes.
• The application indicates that the site will be used occasionally for special events
(gallery presentations, readings, fundraisers), anticipated to draw a few dozen guests
at a time. These infrequent events are expected to be the largest gatherings at the
space and the most likely to draw visitors from outside a walkable distance.
• On -street parking, including metered parking in available and the property is located 2
and a half blocks from a public parking garage.
General Standards: 144E-3: Special Exception Review Requirements:
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
191,4111110[c]
• The proposed use as studio space, art gallery, reading and archive room, and office
are not uses that carry with them a high potential for danger, health concerns, or public
nuisance. The proposed artist studios will involve low -impact media, meaning no kilns,
heavy presses, torches, or toxic processes that require special ventilation.
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.
FINDING:
• The proposed use wilt function on a somewhat irregular basis with artist studios being
the principal use. Group events and classes will be occasional uses and not of an
intensity or scale to generate significant traffic.
41Page
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.
FINDING:
As the proposed exception is a relatively small expansion of the allowed square
footage and will not change the existing single-family residential structure, it should
not impede the orderly development and improvement of the surrounding properties
for uses allowed in the MU zone.
Given the nature of the specific use as described above, and the limited traffic it is
anticipated to generate, the reduction in parking should not impact adjacent properties
or uses.
As noted above, the property is located in a fairly dense, pedestrian -oriented mixed -
use neighborhood with close proximity to the Downtown and university campus.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
111,4111111,410
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:
As noted above, the nature of the use is such that it is not anticipated to generate
significant customer traffic.
The occasional special events planned for the space are to be held on evenings and
weekends during non -peak traffic hours, further mitigating potential congestion
concerns.
6. Except for the specific regulations and standards applicable to the exception being
considered, the speck proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
A minimum of four bicycle spaces are required. There is currently no bicycle parking
on the property; the applicant will be required to install a bike rack on the property to
satisfy the bicycle parking.
Currently the 12' deep paved parking area in the rear of the lot does not meet the
minimum dimensional requirement for parking spaces. In order to establish the new
use, the applicant is required to provide parking space that meet the dimensional
requirements stipulated in Section 14-5A-5C of the zoning code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended
FINDINGS:
The Arts & Culture section of the Comprehensive Plan includes a strategy to "support
Arts and Culture programs that reflect and serve Iowa City's changing demographics,"
to "support non -profits involved in arts programming" and "to promote arts and cultural
programs and projects that educate, entertain, and inspire the public and that preserve
cultural heritage and enhance economic development." PS1 is a non-profit dedicated
to expanding arts programming and the programs and.
STAFF RECOMMENDATION: Staff recommends approval of EXC18-00007, a special
exception to allow 2,900 square feet of retail use in the MU zone at 117 N. Van Buren St and a
60% reduction in required vehicle parking, subject to the following conditions:
• Installation of no fewer than 4 bicycle parking spaces on the property.
• construction of 4 conforming vehicle parking spaces to the rear of the building —one
space being a handicapped space.
• Installation of ADA accessible entry from the rear of the site with approval from the
Historic Preservation Commission.
• The Use is limited to non-profit visual arts programming and artist studio space only.
• Common gathering space shall be limited to the ground floor of the building; all other
spaces are for individual studio space, office, and storage space.
• Use of kilns, torches, or other heat -generating tools is prohibited.
ATTACHMENTS:
1. Location map
2. Aerial views.
3. Application materials
Approved by:
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Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
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Aerial view of nearby properties.
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Aerial view of 117 N.
Van Buren. Existing
parking spaces,
located to the rear of
the building, do not
meet the minimum
standards in the code.
Parking is access via a
cross access
easement on the
adjacent property at
424 E. Jefferson St.
71Page
View of rear parking from public alley
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View from Van Buren SI.
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114
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EXC18-00007 (117 N. Van Buren St.)
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Historic District Overlay Zoning Boundary Subject property
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APP084PION TO THE
BOARDuO= ADJUSTMENT
SPE 5'Alty "'ACCEPTION
DATE: �r Wa f `� --`— PROPERTY
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Purpose for speoCai exception:
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OTE: t nnijLwgns. in permitting a special exception, the Board may impose app. pp sate
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conditions and safeguards, including but not limited to plantir:g screens, fencing,
construction coi-nmencement and completion deadlines, lighting, operational controls,
Improved traffic circulation requirements, highway access restrictions, increased minimum
yard requiromar:ts, panting requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstancas
upon a finding that 'the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 1r4-6C-2C-4, City Code).
adz 9P'� Unless otherwise determined by the 5oard, all orders of the Board shall
expire six (6) months from the date the written decision Is filed with the City Clark,
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 entend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-SC-1 E, City Code).
12 tition or 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 iliogal, In +whole or in part, and specifying the grounds of tho illegality. (Section
14-8C-1 tr, City Code). Such petition shall be present,64 to the court within thirty (30)
days after the filing of the decision in the office of the City Cleric.
Data: i s 20 _
Date: _ 20
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Public Space Ors @ 117 N. Van Buren
Special Exemption BOA application narrative
MISSION STATEMENT:
PUBLIC SPACE OtilE (PSt) is an artist -run, nonprofit (501(c)(3), arts organization currently
located in the Wesley Center building at 120 N. Dubuque St., Iowa City. Our mission is to:
provide an independent, innovative, diverse, and inclusive space for making and presenting art
• produce unique programs that stretch boundaries and present diverse perspectives
. provide resources for artists and cultural educational opportunities, and
• advocate for the importance of art in everyday life for any and everyone.
PS'I is h png to purchase tha house a1'17 N. Van Buren as additional space.
This project looks to build on and strengthen the cultural work done at 120 N. Dubuque St by
extending PSI programming opportunities and artist resources to a complementary venue,
adding 2900 sq. ft of space to the downtown Iowa City visual art scene. PSI @ 117 would offer
7 additional artist studios, a shared commons, a gallery and workshop space, and a reading
room/archive for the Center for Afrofuturist Studies (a physical CAS center), and a office for PSI
staff. The seven artist studios will be open for artists working in a variety of low -impact media
(no kilns, no heavy presses, no torches or ultra -toxic processes) from painting/drawing to
sculpture/print/photo/video and/or other arts and crafts.
117 N. Van Buren walk 1,,hrough narrative:
The ground floor of the house can be entered from front or back (the back being
amended with a switchback ramp or lift to be ADA compliant). This level of the house will
contain:
• A room serving as a reading room/archive for the CAS program (imagine a room
in a library or special collections with access to a monitor, publications, a table for
study, and a set of flat files to hold work). The CAS is a program that brings
internationally recognized artists of color to Iowa City to make work, host youth
workshops, and present public programs to the community.
• A gallery/commons room. Walls for gallery presentation and table for meetings
and work. There will be some components of PSI office supplies and equipment
shared between this room and the GAS room.
• A bathroom (ADA compliant) and kitchen
• A table nook for small to medium meetings and additional work space.
• Access to the front porch through the house or from Van Buren St.
Stairs lead down to the basement:
Which will contain 3 individual artist studios, each -200 sq. ft in size, end storage?
for the organization
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Which will also contain 3 individual artist studios, each-200-259_;rq. ft fr3 sizes
well as a bathroom wl washing machine/dryer r _4 - ---
® Access to the 3rd floor "master studio" Sh rn r
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Third floor:' y
• Houses the largest (aka "master") studio, -500 sq. It, which maybe shafed by
multiple individuals or a collaborative artist team
INTENSITY OF USE:
On a daily basis, we may have 0-10 individual artists visiting to work in their respective studios.
(Artists will be given 24/7 access; their specific hours will depend on work preference, etc.)
The ground or first floor, containing the CAS program and common space will have a short
range of hours it is open every week, something like Wed -Sat 1-4p (12 hours per week). These
are hours when people may visit the CAS, work in the common area, or be there to attend a
meeting. There will be 1-2 PSI staff on hand during these times. More than a handful visiting
each day is probably an overly optimistic estimate.
Special events will occur. We imagine the occasional (2-4 monthly) events, primarily in the early
evenings (very rarely if ever extending beyond 10p) such as intimate fundraisers (20-30 people),
critique groups, small readings (audience 20-25), and artist presentations are a possibility.
Workshops will also occur. We imagine 5-10 workshops per year in this space as our workshop
schedule will primarily continue at our other site (120 N. Dubuque). These workshops will be
limited to 10-12 people at a time and not require specialized equipment (as is the case at our
other space). We do not have plans for a schedule of individual art lessons out of the space,
though could imagine that developing, should a particular artist involved want to develop that in
the future.
PARKING IMPAC%
There is metered parking along the street in front of the house and the house faces the Mercy
parking ramp, in addition to our 4 or 5 spaces in the rear. Our use will not be high traffic
generating, as a busy "retail day" for us is a handful of people visiting (unlike a convenience or
grocery store). Majority of our small special events and workshops will occur during the evening
or weekend, with very few happening during normal business hours.
We will also be installing a bike rack as many of our audience members are people who value
and utilize pedestrian/bike transportation.
SAFETY CRITERIA:
Success for us does not revolve around getting as many people in the door as possible, so we
will be a relatively low traffic generator. Our artist studios will not be outfitted with specialized
equipment that would generate fire (no kilns, heavy presses, or other large machinery). As per
our print shop at the ICPC, we do not tolerate art media that tends to be more toxic (no aerosol
spraying in the building).
STRATEGIC & COMPREHENSIVE STATEMENT:
We believe our plan for PSI @ 117 N. Van Buren is in line with many of the objectives the City
is imagining in its strategic plan (from its focus on a vibrant walkable core to advancing social
justice and racial equality) and implementing in its comprehensive plan: this project would bring
a new visual arts gallery and 7 artists studios online near the downtown and northside
neighborhoods. It would give more visibility to a long-time (16 years) Iowa City arts organization
and offer the opportunity for that organization to gain equity and begin a new level of
sustainability, ensuring many more years of high quality and community -engaged programming
centered on the arts in the central core of our city.
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MINUTES
BOARD OF ADJUSTMENT
JUNE 13, 2018-5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:
MEMBERS ABSENT
STAFF PRESENT:
OTHERS PRESENT
CALL TO ORDER:
PRELIMINARY
Gene Chrischilles, Connie Goeb, Ryan Hall, Bryce Parker, Tim
Weitzel
NONE
Susan Dulek, Sarah Walz
Barik Kuku, Brian Skay
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 MAY 9, 2018 MINUTES:
Goeb moved to approve the minutes of May 9, 2018, with correction. Parker seconded the
motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC18-00006:
Discussion of an application submitted by Sudanese Community Center to locate a General
Community Service use in the Intensive Commercial (CI-1) zone at 536 Southgate Avenue.
Walz began the staff report showing an aerial view of the commercial neighborhood, noting the
major streets around the area are Keokuk and Boyrum Streets and Southgate Drive. Walz
noted there is no parking allowed on any of those streets. The area on Keokuk does transition to
more of a general commercial zone, the same is true along Highway 6, but the surrounding
properties of the subject property are CI-1 (Intensive Commercial) properties. The Sudanese
Community Center is seeking to locate in the Intensive Commercial (CI-1) zone and Community
Service uses are allowed in the CI-1 zone by special exception, this community center falls
under a classification of general community service use, there is also another community
service use of community service shelter (i.e. Shelter House). The general community service
use 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
(i.e. Elks, VFW), which are classified as religious/private group assembly uses. The building
Board of Adjustment
June 13, 2018
Page 2 of 7
was previously used as an office, 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 purpose of the Intensive Commercial (CI-1) zone is to provide areas for those sales and
service functions and businesses whose operations are typically not high traffic generating and
have a need for outdoor storage such as repair and sales of large equipment or motor vehicles.
Properties that surround the proposed site include vehicle repair and contractor storage and
back office uses related to building trades. To allow for the Community Service Use there is
only one specific standard which is: The proposed use will not significantly alter the overall
character of the zone and will not inhibitfuture development ofusesforwhich thezone is primarily
intended. The Board will consider such factors assize and scale of the development, projected
traffic generation, and whether adequate transportation,transit, and pedestrian facilities existto
supportthe proposed use.
Based on the applicant's statement Staff had recommended approval as 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 were not proposed as a regular
function of the use, although the applicant did note on occasion they may wish to hold some
gatherings at the site. 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 applicant's 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.
Walz stated the applicant is currently occupying the property with a temporary use permit. In
the few weeks they have been on site there have been a few large events that have caused
some concern for the neighbors in terms of the need for overflow parking, so for that reason
Staff is recommending deferral of this application for one month to explore parking options for
larger events and also get clarification from the applicant on their proposed use of the property.
While staff agrees the site is appropriate for the smaller events described in the application,
larger events at this site should be limited due to the size of the property and the real limitation
on parking in the area.
Walz added staff did feel since the surrounding businesses uses have a lot of outdoor storage
there were some security issues for this area. She noted 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. Staff also feels a
fence will ensure only the correct driveways are used for the Center and surrounding
businesses.
Staff recommends deferral of EXC18-00006, an application for a General Community Service
Board of Adjustment
June 13, 2018
Page 3 of 7
Use in the Intensive Commercial (CI-1) zone at 536 Southgate Avenue until the next meeting
Parker asked if the temporary permit will expire before the Board meets again. Walz assured
the Board that the permit would not expire.
Chrischilles asked what was happening at 1925 Boyrum Street, a building with a large parking
lot. Walz said it is owned by Plumb Supply and they have fenced in the area to store outdoor
supplies.
Parker asked what business was at 525 Olympic Court. Walz replied that one of those building
was the GymNest, an indoor recreational use classification.
Hall asked if the deferral was for staff to have more time to explore the parking issues. Walz
confirmed that was the case, and the overall application became a bit more complicated than
they originally thought. Staff felt additional time would allow the applicant and staff a better
understanding of how the property can be used to make sure they are making the right
recommendation.
Weitzel asked if there would be any residential aspect of this building and Walz stated there
would not be any residential component.
Chrischilles asked about the larger gatherings and what was the concern from those gatherings
Walz explained there was concern was the impact on neighbors regarding parking in their lots,
which needs to be discouraged, and that the principal use of the property as proposed in the
application was smaller uses such as classroom uses, etc. Larger assemblies should be
irregular occurrences.
Weitzel noted if there was to be occasional large group events, it is recommended the applicant
seek a temporary use permit. Walz stated with a temporary use permit it would allow staff to
work with the community center to create a plan for overflow parking and communication, as
well as dealing with litter and trash, especially if outdoor events. Walz noted it is not uncommon
to have other community service uses in CI-1 zones and using temporary use permits and
management plans to avoid conflicts. Weitzel asked about the temporary use permit process.
Walz said it only takes a few days, especially if a management plan is in place, but temporary
use permits should be occasional in nature —not frequent.
Hall is concerned about several of the neighbors' comments and noted he has been to a
number of Sudanese events and they are quite large so he is concerned about them finding
another location outside of the community center to hold the events. Walz said for regular large
events, this would not be an appropriate site, for occasional large events if may be okay. Staff
reviewed this application looking at the site for the small classroom use needs of the applicant,
not the large events, if they will have regular large events then staff doesn't feel the site is
appropriate. It is up to the Board to decide if the use fits into this zone, the responsibility is to
the zone and what the intended uses in the zone are.
Parker asked if there was a way to permit street parking. Walz stated that is something staff
can discuss over the next month and see if appropriate use of a temporary use permit. The City
has allowed temporary use permits for street parking (such as for churches and use during
funerals). She noted Southgate Drive is listed in the Bicycle Master Plan as a bicycle route so
staff would need to see if it would be appropriate to accommodate on street parking in that area.
Hall asked what the building capacity for this subject property is. Walz said the occupancy is 40
(1 person per 50 square foot).
Board of Adjustment
June 13, 2018
Page 4 of 7
Chrischilles asked if there has ever been a situation where the City has put a limitation on the
number of temporary use permits a business or organization can have. Dulek said staff can
research that and provide that information at the next meeting.
Chrischilles opened the public hearing and invited the applicant to come forward
Badrik Kuku came forward on behalf of the Sudanese Community Center. He stated they
have only been residents of Iowa City for six or seven years but want to integrate more into the
Iowa City Community. He understands parking is the issue, he noted some of the community
are not familiar with the area and can end up in areas where they are not supposed to go and
he said they are working with people to orient them to the area and the rules. In response to a
question from the Board, the applicant said the Sudanese community in Iowa City is around
5,000 to 6,000 but he understands their facility only has the occupancy of 40 to 50 and they are
working hard to address attendance at events.
Hall asked if there are other venues the Sudanese community could use for larger events. The
applicant stated they do use Kirkwood Community College spaces or the Rec Center and also
the public parks. He noted they do not have budgets to rent spaces like hotels or conference
centers.
Weitzel asked if the Sudanese Community Center requires a membership. The applicant said
when they moved from South Dubuque Street to Southgate Drive they had about 450 members
but not all are active, they have created a steering committee to organize better.
Chrischilles asked if they have religious services at their facilities. The applicant said they
normally do not practice religious services, as Muslim believers they practice the five times
prayers daily.
Chrischilles asked what they use the Center for, just language classes and citizenship classes.
The applicant added he is a certified coach and coaches the children in soccer as most cannot
afford other avenues to play and learn soccer.
Brian Skay (1936 Boyrum Street) is the owner of Skay Auto Services, he started his business
almost 20 years ago, and bought the property and then six years ago bought an adjoining
property and expanded his business services. When he was looking to expand his business six
years ago the City told him he would not have adequate parking to do so they had to remove
part of an existing building to increase the parking. Additionally, to meet the Code, they had to
do some buffer strips, add external lighting over the parking lot, add trees and shrubbery,
enclose the dumpsters, to which they complied. Currently it is a fully functioning auto repair
shop and for the past almost 20 years there has not had any problems with neighboring
activities. He has kept track for the past month or so of activities at the Sudanese Community
Center. On May 12 there was a large party in the backyard with a large white tent and lots
of chairs. The next day he had to come to work and clean up trash in his parking lot and
around his building. He has surveillance cameras around his property and witnessed many
trespassers walking across his lot and parking in his lot. Skay spoke to someone from the
Sudanese Community Center on May 17 and explained his issues with the trespassing,
parking and trash issues. On May 20, Skay came to work to see that the Sudanese
Community Center had mowed their back yard and blew the grass onto his driveway, which
can be a problem because they are pulling cars into their climate control shop to perform
computer diagnosis, and it also tracks into the customer cars. Again he spoke to someone
at the Center (different than the previous individual) and shared the concern about the
grass and shared a flyer from the City regarding grass clippings. On June 2 the
Board of Adjustment
June 13, 2018
Page 5 of 7
surveillance cameras showed someone looking into the windows of his shop, which was
actually the Center mowing the yard at 10:30pm and the lights from the mowers were
reflecting into his shop. There was also a party with more trespassing, including little kids
in his parking lot, and Skay is concerned about the customer cars. He stated cars can be
dropped off anytime day or night so therefore he cannot put up a fence around his property,
he also said while they are mainly open 8-5:00 there are technicians that work late or on
weekends to complete jobs. On June 3 he spoke again to a Center representative about
the grass clippings and on June 4 he emailed Walz about the issues. On June 9 there was
another party at the Center, cars were again parked in his lot and left litter. Skay wants to
be a nice neighbor and continues to talk with folks from the Center and have what he feels
are productive dialogues, but nothing changes. On June 10 the Center began to install a
fence, while doing so they trespassed on his property and spray painted his concrete to
mark poles and come to find out they did not get a permit for the fence. Skay agrees
putting up a fence would help with the pedestrian traffic, but currently there is a volleyball
net set up in the back yard and the fence will not keep the ball inside the yard, it could
bounce over. Skay is concerned about people climbing over the fences to retrieve the
balls, not only on his property but also the ImOn Communications property on the other
side of the Center. Skay has pictures of the area he can share with the Board, he
reiterated after talking with representatives from the Center and also Walz these are his
main concerns. He added he has spoken with three different people from the Center who
say they are "in charge" so he isn't sure who is the correct person to speak with there.
Skay said he has signs posted on his property that vehicles will be towed if trespassing on
the property and the police have been alerted. Skay wanted to communicate that he feels
the Sudanese Community Center has a great vision and needed in the community however
he doesn't feel the zoning is appropriate for that vision in this area. Allowing this
application to move forward will only add to problems to his business and the overall vision
of the zone.
Badrik Kuku stated he did have a good conversation with Skay and therefore feels it shows this
is a good neighborhood for the Center with good neighbors. He understands the concerns of
Skay but feels it is too early to judge the Sudanese Community Center for things that have
happened and would like an opportunity to work with the community to understand make all
folks of the Sudanese Community Center follow correct guidelines.
Chrischilles asked if there was more than one person in charge of the Center. The
applicant stated he is the one in charge, the other two gentlemen Skay talked to did bring
the issues to him and they sat as a committee and discussed it.
Goeb asked when the Sudanese Community Center moved to this location. The applicant
replied it was May 1, 2018.
Weitzel moved to defer EXC18-00006 until the next meeting. Goeb seconded the motion.
Weitzel stated deferral is the right thing to do as there are a number more issues staff needs to
follow up with and it is too soon to make a decision tonight. Chrischilles agreed, more
information is needed and look for other options for parking.
A vote was taken and the motion carried 5-0.
Chrischilles noted the public hearing for this item is still open for the next meeting.
Board of Adjustment
June 13, 2018
Page 6 of 7
BOARD DISCUSSION
Update on TSB Holdings, LLC, and 911 North Governor, LLC, vs. Board of Adjustment City of
Iowa City. Walz provided the decision form the Iowa Supreme Court, it is complex (as was the
case the Board considered), and is being provided to the Board as a point of information, it is
not a time for discussion. Dulek noted this case could come back before the Board in some
iteration or aspect and that is why no discussion of the case should happen. She said there
were actually two lawsuits, one challenging the City's rezoning which the Supreme Court proved
(stating it was legal) and the other was an appeal of the Board of Adjustment's denial of a site
plan which was remanded back to the District Court.
ADJOURNMENT:
Goeb moved to adjourn this meeting
Parker seconded.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2017-2018
NAME
TERM EXP.
4/12
5/10
6/14
7/12
10/11
12/11
2114
5/09
6/13
CHRISCHILLES, T. GENE
1/1/2019
X
X
X
X
X
X
X
X
X
GOEB, CONNIE
1/1/2020
X
X
X
O/E
X
X
O/E
X
X
HALL, RYAN
1/1/2023
X
X
X
PARKER, BRYCE
1/1/2022
O/E
X
X
O/E
X
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
X
KEY: X=Present
O = Absent
O/E = Absent/Excused
--- = Not a Member