HomeMy WebLinkAbout12-12-2018 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
December 12, 2018
5: 15 P.M.
Emma Harvat Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, December 12, 2018 — 5:15 PM
EMMA J. HARVAT HALL
A. Call to Order
B. Roll Call
C. Consider the August 8, 2018 Board Minutes
D. Review Board Procedures
E. Staff Announcements
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING — January 9, 2019
EMMA J. HARVAT HALL
If you will need disability -related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early requests
are strongly encouraged to allow sufficient time to meet your access needs.
I _ i
CITY OF I O WA CITY
r MEMORANDUM
Date: December 10, 2018
To: Board of Adjustment
From: Jesi Lile, Associate Planner
Re: Board of Adjustment Procedures
The Board of Adjustment reviews its procedures on an annual basis. This year there was a
change that addressed provisions for an alternate member when a board member recuses
him/herself for a conflict of interest in an appeal from an administrative decision.
Please review the current procedures. The Board will discuss suggested changes or
improvements, if any, as well as any questions or concerns at the meeting on December 12.
MINUTES
BOARD OF ADJUSTMENT
AUGUST 8, 2018 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Ryan Hall, Tim Weitzel
MEMBERS ABSENT: Bryce Parker
STAFF PRESENT: Susan Dulek, Luke Foelsch, Sarah Walz
OTHERS PRESENT: Barik Kuku, Kirsten Frey, Brian Skay, Dawn Skay, Tim Lehman
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 JUNE 13, 2018 MINUTES:
Goeb moved to approve the minutes of June 13, 2018. Hall seconded the motion.
A vote was taken and the motion carried 4-0.
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 noted this item is a continuation of the public hearing from the June 13, 2018, meeting.
She wanted to make a few points to refresh the Board on the key items of this application. The
purpose of the Intensive Commercial (CI-1) zone is to provide areas for the sales and service
functions for businesses whose operations are typically characterized by outdoor display and
storage of merchandise, by repair and sales of large motor vehicles, by outdoor commercial and
amusement recreation activities, or by activities or operations conducted in buildings or
structures not completely enclosed. Uses allowed in the Intensive Commercial (CI-1) zone
include building trade uses (an example would be a plumbing supply company), wholesale
operations, warehouse storage and vehicle and equipment repair. CI-1 zones tend to be
dominated by these uses because they are not typically located in highly visible areas or on
main commercial corridors. Walz noted that the CI-1 zone does allow other uses, retail sales,
personal services uses (ex. spas or salons), office uses, and restaurant uses. The community
service use is allowed in the CI-1 zone only by special exception.
The application submitted by the Sudanese Community Center focuses on teaching classes and
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August 8, 2018
Page 2 of 12
providing a level of counseling or other forms of assistance to recent immigrants and refugees
such as group discussions and a library. The application does not mention large gatherings or
other large group events. That was an issue that was much discussed at the June meeting. If a
regular, or principal use, of the building was to be events or gatherings or celebrations this
application would not fall under the community service classification. For example, if they were
to use the building to rent out for ceremonies or regularly have large parties that strays into
another use category, which is religious or private group assembly and that is a use that is
allowed in this zone, but requires quite a bit more parking. Walz noted one member of the
Board observed at the June meeting the Sudanese Community does occasionally hold large
events from time to time and those events have been held at public facilities like the rec center.
That is appropriate because those centers provide a great deal of parking and have all the other
facilities that are meant to handle such events. Walz reiterated that these sorts of large events
were not listed in the Sudanese Community Center's request.
Walz stated that after the June meeting Staff met with the applicant to ensure that community
service was the use they meant to apply for. They had long discussions regarding parking and
the needs for parking, and how the building would be used. With those discussions it was clear
the representative made clear that they intend to use the building for classes and those types of
services, not large group events. Walz noted one of the issues that was raised at the June
meeting was parking, the subject property is able to meet its required parking of seven spaces,
however when there is overflow it is somewhat of a challenge as parking is prohibited on
Boyrum and Southgate Streets. The applicant could request the City lift the prohibition of
parking on either street since they are 36-foot wide streets. However, on Southgate the Bicycle
Master Plan calls for bicycle lanes, so parking would not be lifted there. If parking were to be
lifted on part of Boyrum Street that would have to be approved by City Council.
Walz noted the occupancy load for the Sudanese Community Center is 40 people and that is
based on the square footage of the building. That square footage and occupancy load is also
the number used for the rationale for the parking requirements. Neighboring property owners
did question how such an occupancy limit would be enforced and most likely the City would
become aware of overuse of the building by complaints from the public and enforcement would
be handled through a municipal infraction process. The City does handle these types of
complaints in housing and with bars and restaurants on a regular basis. Such infractions can
result in fines and court costs not only for the applicant but also the property owner.
Staff believes it is reasonable to allow for occasional events that would draw more than 40
people, but that would only be allowed through the temporary use permit process to give the
City better opportunity for enforcement. Staff did discuss the temporary use permit process with
the applicant and that it would require the applicant to come up with a plan to deal with parking
and to control litter. A temporary use permit can impose a limit on the size of the event and if
events are not managed in accord with the temporary use permit, new permit requests can be
denied at the discretion of Staff. Walz noted the Board asked how many events could be held
with a temporary use permit and there is no rule, however Staff believes that more than four
events begins to stray into an area of being a different use. The principal use of the property is
meant to be smaller, less intense uses (teaching of classes, counseling, occasional group
discussions) but not for larger gatherings.
At the June meeting it was discussed that the use of the backyard of the property, especially if
the use involves children or young people, may be of a concern. This is due to the use and
materials of the neighboring property as well as due to folks who might stray across the property
line and that is why Staff suggest the condition of enclosing the property with a fence limiting
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August 8, 2018
Page 3 of 12
access to the backyard from the street frontage.
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 (more than 40 persons) may only be held on an occasional basis
(less than four times per year) 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).
• Restriping of the parking area to provide 7 parking spaces.
Goeb asked if there was any discussion regarding the maximum number of persons allowed at
the temporary use permit events (up to four times per year). Walz said not at this time, when
the applicant applies for the temporary use permit they will have to indicate size of event and
staff can discuss at that time and approve if staff feels there is a plan to accommodate the
number of people requested. Walz noted that typically the number for occupancy for gatherings
is one per seven square feet, but will depend on plan for parking.
Dulek stated that for each event there would need to be a separate temporary use permit
application.
Weitzel asked for this use if there were any requirements for lighting. Additionally, how the
control for littering and trespassing would be handled. Walz said staff addressed the concern
regarding trespassing with the requirement for the fence so people would have to enter the
property from the front. Dulek said if someone thinks people are trespassing illegally on their
property a notice would be given to make them aware of the trespassing and then after that if
the trespassing continues they could prosecute.
Goeb asked if six feet is the maximum height for a fence. Walz said six feet is not the
maximum, but to go higher than six feet would require a building permit. Walz noted the fence
height was discussed with the applicant.
Hall noted that with activities such as soccer, a six-foot fence may not be all -containing and
perhaps there needs to be some good -will between the neighbors regarding items that may
enter into neighboring yards.
Goeb asked for clarification on the process if there were complaints. Dulek explained there are
different processes depending on the complaint. Littering is dealt with on an individual basis but
if there is an issue, then the next time the applicant applies for a temporary use permit Staff can
decide to deny it based on past issues.
Chrischilles noted that parking seems to be an issue in this application, and asked if Staff has
come up with any concrete solutions or provisions for the large gatherings. Walz reiterated that
parking right now is prohibited on both Southgate Drive and Boyrum Street, City Staff would
evaluate any request to lift the prohibition on parking. On Southgate it is unlikely to be lifted due
to the Bicycle Master Plan. However, Boyrum Street might be an option, but that is something
Board of Adjustment
August 8, 2018
Page 4 of 12
the applicant would have to request. That request doesn't change Staff's recommendation with
regards to large events, if they would like to make it easier for overflow on regular events they
could request parking on Boyrum Street. Chrischilles feels the parking issue would be good to
resolve before the Board votes on this application because, if a temporary use permit is
requested, how parking would be evaluated. Walz replied that in the case of special events that
require a temporary use permit the applicant could, for example, ask neighbors for use of their
parking lots during off hours, and that could meet the City's requirements.
Walz reiterated the Board should focus on the Community Service Use of the property. If the
Board is uncomfortable with the options for large gatherings they can make a condition that no
large gatherings will be allowed.
Chrischilles asked if the Board stated no large gatherings and one was held would the applicant
lose their special exception. Dulek explained they would not, what would happen is the City
would file a municipal infraction, a civil citation, which could ask for a civil penalty, the landlord
could be held responsible, or go so far as to get a court order. It is dealt with like any other
zoning code violation.
Barik Kuku (Sudanese Community Center) noted that at the last meeting he asked for more
time in the location before being judged for the activities of the Center. Since the June meeting
he has been communicating with his community and they all have been grateful to learn from
the City Staff about the community and the people of Iowa City. He stated they have handled
the large capacity of people and parking issue and assure the Board they will not have any large
gatherings and will not disturb the neighbors. If they do have any large events they will rent
another facility for that event such as the Rec Center. With regards to the trespassing and
littering his people have been made aware of the concern and paying close attention to not go
near the neighboring buildings. Kuku also noted that the yard space is very small and they will
not play soccer or any sport back there, they have also removed the volleyball net. Kuku stated
they are focusing on the building which will hold teaching classes for language and other
cultural needs. He noted they have also talked with the neighbor with regards to installing a
fence and added that there are a lot of pedestrians in that area and the trespassing may not be
his folks, but others.
Goeb asked if there have been any incidents between the June meeting and today with conflicts
or trespassing or litter, etc. Kuku is not aware of any. He had spoken with the neighbor and
had promised him they would be good neighbors and have good relations. When they had one
event, a barbeque, he noted the neighbors waved friendly to them.
Chrischilles asked about activities at the Center and if Kuku would be okay with the Board
granting the exception with the condition of no large gatherings. Kuku said large gatherings
would be an issue not only for the neighbors but for the police driving by and for the Center for
having to go through the application process. Therefore, they realize if they want to have a
large gathering they will think of other options for locations.
Kirsten Frey (920 South Dubuque Street) is an attorney in Iowa City and represents Dawn and
Brian Skay, owners of Skay Automotive Services, Inc., located at 1936 Boyrum Street. Frey
submitted a letter to the Board (included in the agenda packet) regarding this application and
wanted to respond to comments raised this evening. With regards to trespassing or parking on
her client's property or a violation of the zoning ordinance it has been stated that the clients
could just complain and it be handled through a municipal infraction process. That line of
thinking concerns Frey for two reasons. First, the purpose of today's decision before the Board
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August 8, 2018
Page 5 of 12
is if this use is acceptable or not because it is not an appropriate use under the current zoning.
And to permit this use the Board must make a determination that the use does not adversely
impact the surrounding property owners. How this use affects her client's property is directly
before the Board and Frey states the Board has to make a determination that this exception will
not adversely impact her client's property. Frey states that by saying if an infraction happens
there is a mechanism in place to deal with that shows why the use is not currently allowed in the
zone without a special exception. Second, in this case there is not currently a special exception
in place and while the applicant is going through the process of the request, knowing the
questions and issues, there are still concerns with problems of trespassing, large gatherings
with tents set up and clearly more than 60 chairs set up, and if ever one was to be on their best
behavior to follow all the conditions of the special exception the time to do so would be while the
application is pending and that has not been the case.
Hall stated that the photos that were taken were not of the Sudanese Community and wanted
the speaker to assure all in the room that none of the assumptions being made are racially
motivated.
Frey acknowledged that none of the claims are racially motivated, however there is no way of
knowing those causing the infractions are not of the Sudanese Community. The pictures of the
installation of the fence on her client's property are of members of the Sudanese Community.
She noted her clients have stated, as did the applicant, the conversations between her clients
and the applicant have been pleasant and not incredibly hostile and it is absolutely not racially
motivated. The concern is that her client runs an automobile repair shop, consistent with the
rights and obligations of the zoning, which means sometimes there are vehicles in his parking
lot that are either damaged or in disrepair (they may be leaking fluids, broken glass, etc.) and
that is a huge liability concern for her client. Frey noted her client does not want people walking
around in an area that may not be safe for people to be in, the area in not intended for people to
be walking around in.
Hall interrupted that the intent of the Sudanese Community Center is not to have folks
trespassing on other's property. Walz spoke, noting that the time was now to allow those with
concerns about the application to share their concerns and that the board should then discuss
or ask questions about which, if any of the concerns shared, were valid in terms of the special
exception.
Dulek offered a reminder to the board and the public that zoning is about what, not about who.
The focus on the use of the property, not specifically who is using the property.
Frey agreed this is absolutely about the what and not the who, this is an area where large
flatbed trucks come in, there are inoperable vehicles and she does feel that is a good area for
children to be playing and it is not an area to be having picnics and large gatherings. Frey
would also raise the issue that the applicant has indicated that many of the activities at the
Center take place at nights and weekends and even the City (Walz) is suggesting the Center
use the neighbor's parking lots for their overflow. Frey feels if businesses are not open, people
will park in the lots, including her clients, after hours for weekend or night activities. Frey noted
that is concerning to her client.
Goeb asked for specific incidents Frey's clients have encountered while this application has
been pending. Frey noted her client would have to answer that as they are there and she is not,
however she does know when the Sudanese Community Center came and told her client's they
were going to put up the fence her client's indicated that was fine but asked they not trespass
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August 8, 2018
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onto her client's property and they did. The large tent gathering was before the June meeting.
Hall asked if the Board was to remove the condition around allowing large events to ever take
place there would her client be amenable to the special exception. Frey said there would still be
concerns because the Sudanese Community application states they have 75 current active
members.
Chrischilles questioned how the Sudanese Community members being in the area were any
different than residents of the Shelter House who also walk around in the area. Frey said the
difference is at the Shelter House the people are using the services and they are out, whereas
at the Center there are congregations of people, hanging out in the area, whether that be
barbeques, classes, or community events. The other significant issue is her clients are not at
their business on nights and weekends to ensure the property is safe and the vehicles are not
being tampered with.
Weitzel asked if Frey would have the same issues if the use was a spa or a bank. Frey said
with a spa or a bank, one goes into the business, conducts the business, and leaves. There are
not picnics in the backyard.
Chrischilles said the focus is on the primary use of the property, the concerns are with
secondary possible uses of the property. Frey said the secondary use is the large gatherings in
excess of 40 people, so a barbeque with 30 people or a class with 35 people it is under the
primary use. She reiterated that is different than the use of a bank where people go in, do their
business, and leave. This is a community gathering space and that is not an appropriate use in
a commercial intensive zone.
Brian Skay (1936 Boyrum Street) owns the business next door to the Sudanese Community
Center and added since the June meeting it has been relatively calm next door to his business,
they have removed the volleyball court, and he feels that is all for the reason so they can get
this application to pass. Skay reiterated that when Mr. Kuku told him they would be working on
the fence Skay reminded him to not trespass on his property and they disrespected that and
trespassed they very next day. The fence that was constructed, the fence posts are over 7' tall
and the fence itself is 6', Skay called the City and was told according to Code that is not legal,
the fence posts cannot be any taller than the fence without a permit. The back fence is only 4'
tall and should be 6'.
Goeb asked if other than the fence incident has there been any other incidents of concern.
Skay confirmed that was correct.
Chrischilles asked if the trespassing occurred when they were installing the fence. Skay replied
that yes, they went onto his property to roll out the fence, establish the fence polls, there were
ladders on his side after he reminded them not to be on his property. Chrischilles asked if Skay
is in favor of a fence being there and Skay agreed he was, however he is in favor of a fence that
is correctly built.
Dawn Skay (1936 Boyrum Street) also owns the business next door to the Sudanese
Community Center wanted to add that her business serves many different people in the
community, all different races, they communicate with everyone, they are not biased. Theyjust
take a lot of pride in their business and have spent a lot of money on creating and maintaining
their business and communication is very important. They continue to try to communicate and
work with the Sudanese Community Center but want to make sure the integrity of the area is
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August 8, 2018
Page 7 of 12
kept, there is currently a chair with caution tape just sitting outside to mark the parking lot. Skay
noted they do not have Shelter House residents walking through their property. She reiterated
that communication is very important and she feels it is failing currently.
Hall noted his comment about race was only to ensure this conversation would be the same
regardless of what community the center was representing.
Chrischilles closed the public hearing.
Hall stated he wants to make sure the conditions placed upon this application are favorable to
both the Sudanese Community Center and to the neighbors (Skay Auto). He noted that Kuku
stated there is no intent for the Center to have large gatherings at the location so questions
whether the condition to allow large gatherings with the permit process should remain or be
removed.
Goeb feels overall this is not an appropriate use for this property at all in this location
Weitzel stated they are looking a zoning code and looking at a use that is allowed by special
exception and need to determine whether that exception is allowable in this case given the
particular facts of the matter. He feels in general, other than the incident with the fence, there
would not be any questions. He also noted that whether the use is appropriate is not based on
the tenant using it. Does this building hold the number of people allowed, yes, are there the
right number of parking spaces for the use, yes, and so forth.
Chrischilles agrees with Weitzel and feels the general use of the property is appropriate and as
such there is no reason why the building cannot be used as a community center. He does feel
the problems and oppositions to this center are regarding large gatherings and feels perhaps a
compromise of allowing the community general service use but not allowing any large
gatherings at all.
Hall noted in the Comprehensive Plan it speaks to encouraging more locally owned businesses
and mixed uses, and although there is an argument this center does not fit the current
landscape of the zone it will most definitely serve as a resource for the community and fall in
line with the Comprehensive Plan.
The Board reviewed the standards for this exception. First, the specific standard of 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.
Weitzel is prepared to adopt the findings of the fact in the Staff report for this standard. Hall,
Chrischilles and Goeb agreed.
Next general standards. 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. Hall is prepared to adopt the findings of fact in the Staff
report for this standard. Weitzel agreed and added the use on one property does not determine
the safety on another property. If it is unsafe to walk across the neighbor's property, it is not
the fault of this property. Chrischilles said that only applies to the large gatherings. Weitzel
disagreed and said large gatherings do not create the dangerous situation.
Goeb noted her primary concern on this whole application is she does not feel this zone is
appropriate for a community gathering spot and suited for this use. That could fall under the
Board of Adjustment
August 8, 2018
Page 8 of 12
standard of endangering the public health if the community, including young children, will be
gathering in an intensive commercial zone. Goeb said she is not just concerned about large
gatherings, it is the everyday use and the space will be used for small gatherings and that is not
appropriate.
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. Goeb noted her concern can also be placed under this standard. Chrischilles
noted the Staff report states the space may be incompatible with outdoor activities in terms of
safety, especially for activities that involve children and sports and that is why the
recommendation of installing a 6' fence was added as a condition. The second aspect of the
finding is with regards to large gatherings with the stipulations of a temporary use permit
process. Weitzel, Hall and Chrischilles have no oppositions to this finding.
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. Chrischilles noted if the predominate use of the property
remains as stated in the application's proposal it should not cause problems.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Yes, all necessary utilities and other facilities are already in place for this property
and the neighborhood.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. Chrischilles noted they have an adequate parking
lot for the intended usage. Weitzel agreed.
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. The Staff report notes bicycle parking is
lacking and that adding bicycle parking will be a condition of approval. The parking is non-
compliant as it is now, however that cannot be changed to meet the standard due to size and
layout, however there will be a condition of the parking lot being restriped to distinguish the
seven parking spots.
The proposed use will be consistent with the Comprehensive Plan, as amended. Hall agrees
the proposed falls in line with the Comprehensive Plan. Weitzel and Chrischilles agree.
Chrischilles stated he feels it is a good compromise to allow the general community service
function at this building but thinks it is best for all parties involved that no large gatherings are
allowed, period.
Weitzel moved to approve 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:
• No large gatherings of more than 40 people allowed.
• 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).
• Restriping of the parking area to provide 7 parking spaces.
Hall seconded the motion.
Board of Adjustment
August 8, 2018
Page 9 of 12
A vote was taken and the motion carried 3-1 (Goeb dissenting).
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.
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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.
Foelsch showed a map of the area and pictures of the area. The zoning map of the area noted
it is in an historic district, the Jefferson Street Historic District, and in the MU (Mixed Use) zone.
Directly to the east is a CO-1 zone (Commercial Office), and CB-2 (Central Business) to the
northwest and ARM-44 (Multifamily Residential) to the southeast. The purpose of the Mixed
Use Zone is to provide a transition from commercial and employment centers to less intensive
residential zones. 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 exception is necessary to allow the additional 500 feet. The
Zoning Code does allow up to 5,000 square feet in this Zone by special exception. 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 in addition to a minimum of 4 bicycle
spaces. Because they are in the Jefferson Street Historic District, and considered a key
contributing property, it is eligible for up to a 100% reduction in parking however they are only
asking for a reduction, not a 100% reduction.
The applicant is Public Space One, it is an artist run community driving nonprofit organization.
The proposal is to use the space at 117 N. Van Buren as a complimentary venue, their main
event space is three blocks to the west on N. Dubuque Street (The Wesley Center). 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.
Foelsch noted 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 artist/artisan
studios are considered to be a "cottage industry" component or retail. However this property will
be at a lower intensity then a traditional Sales Oriented Retail. The applicant foresees the space
being open about 12 hours total per week and while all studio spaces will be able to be used 24
hours each will be assigned to an artist and not general public.
With regards to the increase square footage request, the standard states the increase increased
floor area will be supportable primarily by residents of the surrounding area. Foelsch noted the
increase requested is relatively small and the surrounding area is pretty dense, it is primarily
residential and a student population.
Board of Adjustment
August 8, 2018
Page 10 of 12
With regards to the parking requirements Foelsch noted the property is in a particularly walkable
area of the city: near Downtown, close to campus, and is well served by bike facilities and
transit routes. This use in this neighborhood won't necessitate a large supply of parking. Hours
of operation will not be traditional 9 to 5. They will be hosting infrequent large events
(fundraisers, artist showcases) a couple times per month and that will generate the largest
amount of traffic but will be during evenings and weekends when street parking isn't as
congested and metered parking available.
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.
Hall asked about the residential units in the building, currently there are 5 to 7 residents living in
the space. Foelsch said the property is for sale and there will be no residential in the future,
rooms are being converted to studio spaces.
Chrischilles noted that area also has on -street parking.
Hall asked about constructing the parking spaces in the rear and Foelsch stated there is enough
room back there to fit the proposed spaces.
Chrischilles opened the public hearing.
Tim Lehman (70 Sturgis Corner) is representing the applicant and noted the applicant does plan
to charge artists to use the rooms so is questioning the condition of the use is limited to non-
profit visual arts programming. Walz stated that is fine, the condition is for the waiver of parking.
Lehman also noted that most of the artists will bicycle or walk to the space, very little vehicle
traffic. The owners of the property, Ralph and Larry Ramer, have used the house as an owner -
occupied rooming house. The property cannot be sold as a rental space as no new rental
permits are allowed for the area. Lehman also noted this is not a done deal, Public Space One
has to raise the money for the down payment for the purchase of this property.
Chrischilles closed the public hearing.
Goeb stated this seems a reasonable use for the property. Weitzel agreed, other houses in the
area are used for other uses rather than residential. Hall said it does fit the landscape.
Hall moved to approve 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,
Board of Adjustment
August 8, 2018
Page 11 of 12
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.
Weitzel seconded the motion.
Weitzel stated that regarding agenda item EXC18-00007 he concurs with the findings set forth
in the staff report of August 8, 2018, and conclude the general and specific criteria are satisfied.
So unless amended or opposed by another Board member he recommends that the Board
adopt the findings in the staff report as our findings with acceptance of this proposal.
A vote was taken and the motion carried 4-0.
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 INFORMATION:
Walz anticipates a September board meeting.
ADJOURNMENT:
Goeb moved to adjourn this meeting.
Weitzel seconded.
A vote was taken and the motion passed 4-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2017-2018
NAME
TERM EXP.
7/12
10/11
12111
2/14
5/09
6/13
8/18
CHRISCHILLES, T. GENE
1/1/2019
X
X
X
X
X
X
X
GOEB, CONNIE
1/1/2020
O/E
X
X
O/E
X
X
X
HALL, RYAN
1/1/2023
X
X
X
X
PARKER, BRYCE
1/1/2022
O/E
X
X
X
X
X
O/E
SOGLIN, BECKY
1/1/2018
X
X
X
WEITZEL, TIM
1/1/2021
X
X
X
X
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member