HomeMy WebLinkAbout04-08-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, April, 8, 2020
Electronic Meeting — 5:15 PM
Zoom Meeting Platform
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
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AGENDA
A. Call to Order
B. Roll Call
C. Consider the February 12, 2020 meeting minutes
D. Special Exception Item
1. EXC20-03: An application submitted by Kum & Go LLC requesting a waiver from
the minimum 2-story building requirement in the Riverfront Crossings -South
District (RFC -SG) zone for a quick vehicle servicing use near the intersection of
S. Gilbert Street and Highland Avenue.
2. A request submitted by Kum & Go LLC to extend the expiration date from six
months to 12 months for EXC19-12, a special exception approved to allow a
quick vehicle servicing use in the Riverfront Crossings -South Gilbert (RFC -SG)
zone and EXC20-03, a special exception (approval pending) to waive the
minimum 2-story building requirement.
F. Adjourn
April 8, 2020
Board of Adjustment Meeting
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, May 13, 2020
If you will need disability -related accommodations in order to participate in this meeting,
please contact Anne Russett, Urban Planning at 319-356-5251 or at anne-
russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to
meet your access needs.
MINUTES
BOARD OF ADJUSTMENT
FEBRUARY 12, 2020 — 5:15 PM
EMMA J. HARVAT HAZELL, CITY HALL
MEMBERS PRESENT: Gene Chrischilles, Bryce Parker, Amy Pretorius
MEMBERS ABSENT: Ernie Cox, Zephan Hazell
STAFF PRESENT: Susan Dulek, Anne Russett
OTHERS PRESENT: Alan Berger, Kim Gaskill, Thomas McInerney
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
PRELIMINARY
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDER THE JANUARY 8, 2020 MINUTES:
Chrischilles moved to approve the minutes of January 8, 2020. Parker seconded the motion.
A vote was taken and the motion carried 3-0.
SPECIAL EXCEPTION ITEM EXC20-01:
An application submitted by Allan Berger of NREP, L.L.C. for a special exception to allow
expansion of an animal related commercial facility in the CO-1 zone located at 3030 Northgate
Drive.
Pretorius opened the public hearing.
Russett began the staff report with an aerial of the project site. It is located north of 1-80 at the
end of Northgate Drive near the edge of the City's corporate limits. The zoning map shows the
property is zoned to CO-1 which is Commercial Office. In terms of background this property
contains several different uses, both animal related commercial uses as well as general and
medical office uses. A special exception was granted back in 2005 for a small animal vet clinic
to locate at this property and the applicant is now requesting to expand the general animal
related use through for construction of four detached accessory structures. The applicant has
stated that these structures will not be used to house animals, they're intended for storage for
the occupants of the primary building. The plan is also to have solar panels that would be
installed on the roofs of the proposed accessory structures to increase the capacity of solar
power generation on the property.
Board of Adjustment
February 12, 2020
Page 2 of 5
Russett showed the site plan that was included in the application packet. The property is
located on Northgate Drive and there are two access points to the site. There's an access to the
north off of Northgate Drive and then to the south into two different parking areas. The proposed
accessory structures are located at the northeast corner of the site, the existing primary building
on the property is the vet clinic and office uses.
The Board of Adjustment is charged with approving, approving with conditions or denying the
application based on the facts presented. In order to approve the special exception, the Board
must find that it meets all applicable approval criteria, which include for this case specific
standards for general animal related commercial in the CO-1 zone, and then the general
standards for all special exceptions.
Russett noted there's one specific standard for this proposed project. It states all aspects of the
operation of the facility including any accessory uses, must be conducted completely indoors
within a soundproof building. The operation of the animal related commercial use will remain in
the portion of the primary building it's not proposed to be located in the accessory structures.
Staff does recommend one condition that the accessory structures will not contain any animal
related commercial uses, and therefore, the accessory structures do not need to meet the
soundproofing requirement.
In terms of the general standards, the first is that the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare. The existing
onsite commercial uses will remain the same and not be expanded as part of the accessory
structures and the expansion will not increase traffic to the site. Additionally, the new structures
will be more secure than existing structures which had been broken into in the recent past.
The second criteria is 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. The properties to the north, east and west are currently undeveloped, the
animal related uses will remain in the existing building and not be expanded into the accessory
structures. As shown on the site plan the proposed accessory structures are located set back
from the property lines.
The third criteria is the establishment of the specific proposed exception will not impede the
normal and orderly development and improvement of the surrounding property for use permitted
in the district in which such property is located. The development or improvement of surrounding
properties will not be impacted by the proposed project and the proposed structures will also be
located behind the existing building and away from the street.
Fourth criteria is that adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. The subject property has access to all the necessary utilities and
facilities. Additional electrical service will connect to the primary building to utilize the power
generated by the solar panels and the stormwater plans will be reviewed as part of the site plan
review process to ensure compliance with City regulations.
The fifth criteria is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion. As shown earlier, the site has two separate
parking areas each from Northgate Drive. The area proposed for the accessory structures
Board of Adjustment
February 12, 2020
Page 3 of 5
connect only to the upper east parking lot, which is behind the building and no changes are
being proposed for parking or access for the site.
The sixth criteria is that except for the specific regulations and standards applicable to the
exception, the proposed exception conforms with all other zoning regulations and staffs review
of the project will ensure it complies with all zoning regulations.
Lastly, the proposed exception will be consistent with the Comprehensive Plan. Russett stated
the Future Land Use Map of the Comprehensive Plan has designated this area for office
commercial, and additionally the plan does encourage responsible use of energy resource
sources.
Staff recommends approval of EXC20-01, a proposal submitted by Allan Berger, NREP, L.LC.
to expand an animal related commercial use in the Commercial Office (CO-1) zone at the
property located at 3030 Northgate Drive subject to the following condition:
1. The accessory structures shall not contain animal related commercial uses; and therefore,
the accessory structures do not need to meet the soundproofing requirement.
As there were not questions for staff Pretorius asked the applicant to come forward.
Alan Berger (3030 Northgate Drive) stated it's probably not a meaningful difference but he
actually thinks of this project as being a little bit different from an expansion of an animal use.
This started as a solar project as he has a passion for alternative energy. They've already
developed the roof for rooftop solar and they've got a little bit of solar art on the property, the
problem that he has is with the ground mount solar units, as he just doesn't like the way they
look. So this project from the standpoint of just a solar project is massively overbuilt. What he
wanted to do was to provide some additional functionality instead of just a metal rack that holds
relatively ugly glass panels on it. The power is going to be used by the Counseling Center of
Iowa City mostly, not by the animal use. They have some of their meetings with clients in a
gazebo out front and this will allow them to be able to sit underneath the solar panels and make
it a more functional space. Then since they were putting up walls to sort of baffle it from sound,
to put in the storage just seemed to enhance the use a little bit. Berger absolutely agrees there
should be no animals in there under any circumstances, he views it as more for a building for
the facility than as an animal use.
Kim Gaskill (Gaskill Signs) is the owner of Gaskill Signs and noted they received a letter about
this application. Gaskill Signs has been in Iowa City since 1958 doing outdoor signage. Gaskill
wanted to discuss the solar panel installation as they have a billboard right next to the property.
They want to make sure this project will not affect the illumination on the billboard because that
would impact the revenue to their businesses and affect the ability to retain their clients.
Pretorius stated the Board has an opportunity to ask the applicant questions and will get an
answer regarding the effect to the billboard.
Russett noted she received an email late this afternoon from the applicant's neighbor at 3010
Northgate Drive and printed it out for the Board.
Chrischilles stated he is assuming the City does have code in place regulating building of where
Board of Adjustment
February 12, 2020
Page 4 of 5
solar panels should go and such. Russett stated in a case like this they would consider the
proposed solar an accessory use and as long as it met the requirements of the ordinance in
terms of accessory uses it would be an allowed use. Chrischilles noted the person who wrote
the email seems to be more concerned about the overall City policy, which isn't really up to this
Board. Dulek added it is regulated by building code requirements.
Pretorius asked if the applicant could address the question of illumination in terms of the
billboard.
Thomas McInerney (1208 Marcy Street) it the architect on this project and stated the location of
the solar panels are actually about 200 feet to the north of the sign, the billboard. He noted it's
a very large billboard and it's located southeast of the property, whereas this location for the
solar panels are in the northwest corner far away from the shadow of it as they are more
concerned about the shadow from the sign. They don't want any shadow to interfere with the
solar.
Pretorius asked how much light they will actually have on proposed structures. McInerney
stated there's security lighting in between the two but it's just for lighting that path in between,
there's nothing on the outside. The primary purpose of the building is to generate energy and
then utilize some space for storage below and that was really the main intent. It's just really a
solar panel project with some storage.
Chrischilles thinks what Gaskill might have been referring to is if the panels emit any illumination
themselves, which would compete with the illumination on her sign. McInerney confirmed the
solar panels do not emit any light, they're just receivers, it's just a form of getting energy from
the sun. This was all for the purpose of providing energy to the main building.
Pretorius acknowledged that answered the concern raised from public comment.
Pretorius closed the public hearing.
Chrischilles just wanted to say he thinks the project seems reasonable and a good use of the
space by using solar to save money. It's a good idea and not infringing on anyone.
Pretorius thinks any concerns about it being on anybody else's property have been eliminated,
it's on the property currently owned by the applicant and shouldn't be competing for any type of
light issues with the billboards nearby. It's a great use for obtaining more solar energy.
Parker moved to approve EXC20-01, an application submitted by Allan Berger, NREP,
L.LC. to expand an animal related commercial use in the Commercial Office (CO-1) zone
at the property located at 3030 Northgate Drive subject to the following condition:
1. The accessory structures shall not contain animal related commercial uses; and
therefore, the accessory structures do not need to meet the soundproofing requirement.
Chrischilles seconded the motion.
Chrischilles stated regarding agenda item EXC20-01 he concurs with the findings set forth in the
staff report of this meeting date, February 12, 2020, and concludes that the general and specific
Board of Adjustment
February 12, 2020
Page 5 of 5
criteria are satisfied unless amended or opposed by another board member. He recommends
that the Board adopt the findings in the staff report for the approval of this proposal.
A vote was taken and the motion carried 3-0.
Pretorius 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.
ADJOURNMENT:
Chrischilles moved to adjourn this meeting, Parker seconded, a vote was taken and all
approved.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2020
NAME
TERM
EXP.
118
2/12
CHRISCHILLES, GENE
12/31/2022
X
X
COX, ERNIE
12/31/2020
X
O/E
HAZELL, ZEPHAN
12/31/2021
X
O/E
PARKER, BRYCE
12/31/20214
0/E
X
PRETORIUS, AMY
12/31/2023
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
To: Board of Adjustment
Item: EXC20-03
Parcel Number: 1015308001
& 1015307007
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Anne Russett, Senior Planner
Date: April 8, 2020
Applicant: Britni Andreassen
Kum & Go LLC
1459 Grand Avenue
Des Moines, IA 50309
(515) 547-6083
Britni.andreassen@kumandgo.com
Contact Person: Keith Weggen
Civil Design Advantage
3405 SE Crossroads Drive, Suite G
Grimes, IA 50111
(515) 369-4400
keithw@cda-eng.com
Property Owners: Kum & Go LLC
1459 Grand Avenue
Des Moines, IA 50309
(515) 547-6083
McDonough Structures
340 Highland Avenue
Iowa City, IA 52240
(515)512-6491
Kam Properties, LLC
3309 Highway 1 SW
Iowa City, IA 50240
GKLZ, LLC
325 E. 3rd St.
Iowa City, IA 50240
Requested Action: Special exception requesting a waiver from the
minimum 2-story building requirement
Purpose: To allow for a convenience store with fuel sales
Location: Northeast corner of S. Gilbert St. and Highland
Ave.
1
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable Code Sections:
File Date:
BACKGROUND:
1.15 acres
Commercial, Riverfront Crossings South Gilbert
(RFC -SG)
North: CI-1 — Intensive Commercial
(Commercial)
South: CC-2 — Community Commercial
(Commercial)
East: CI-1 — Intensive Commercial
(Commercial)
West: RFC -SG — Riverfront Crossings — South
Gilbert (Commercial & Residential)
14-413-3: General Approval Criteria
14-4B-4B-12: Quick Vehicle Servicing
March 4, 2020
The applicant, Kum & Go, LLC, requested a rezoning of two properties located at the northeast
corner of S. Gilbert Street and Highland Avenue in October, 2019. Both were zoned Intensive
Commercial (CI-1) and the applicant requested a rezoning to Riverfront Crossings -South Gilbert.
On November 7, 2019 the Planning & Zoning Commission recommended approval with a 7-0
vote to rezone these properties with the following conditions:
1. The applicant must close all access points along S. Gilbert St. and will reduce the
number of access points along Highland Ave. to one.
2. The applicant must dedicate additional right-of-way to the City along Gilbert St. based on
the dimensions shown in Attachment 3.
City Council held a public hearing on this rezoning on December 3, 2019, and passed the
rezoning ordinance and conditional zoning agreement on December 17, 2019 (Ordinance No
19-4814) with the conditions recommended by the Planning & Zoning Commission.
Following the rezoning, Kum & Go, LLC requested a special exception (EXC19-12) to allow a quick
vehicle servicing use in the RFC -SG zoning district, which the Board of Adjustment granted at its
January 8, 2020 meeting (recorded January 31, 2020 in Book 6004,Page 400-403 in the Johnson
County Recorder's Office).
After approval of the special exception, Kum & Go, LLC submitted a design review application to
the City. The proposal included a building that did not meet the minimum 2-story requirement. Staff
rejected the application and requested that the applicant revise the plans to show a 2-story building.
Kum & Go expressed concerns with a 2-story building. Instead of revising the building design, Kum
& Go has applied for another special exception to waive the 2-story minimum building requirement.
Kum & Go currently owns the property at 1310 S. Gilbert St. and has a purchase agreement in
place with the property owners of the neighboring parcel.
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-4B-12j, pertaining to waivers from development standards for
Quick Vehicle Servicing in Riverfront Crossings zoning district as well as the General Standards
laid out in Section 14-4B-3.
In order for the Board of Adjustment to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
Specific Standards: 14-413-4113-12j: Waivers from Development Standards for Quick Vehicle
Servicing in RFC Zoning Districts
j. For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside
mixed use district, or towncrest design review district, where it can be demonstrated that
the proposed quick vehicle servicing use cannot comply with a specific standard as
indicated in subsections 1312h and 1312i of this section, the board of adjustment may
grant a special exception to modify or waive the provision, provided that the intent of the
development standards is not unduly compromised. The board of adjustment may impose
any condition or conditions that are warranted to mitigate the effects of any variation from
these development standards.
FINDINGS:
• The property is located in the Riverfront Crossings District and zoned RFC -SG;
and therefore, eligible to request a waiver from standards outlined in 14-413-12h
and 14-413-12i of the zoning code.
3
• The applicant has requested a waiver from 14-413-12i, which requires that
properties located in the Riverfront Crossings District must comply with the
standards outlined in the Riverfront Crossings Form -Based Code. Specifically,
the Riverfront Crossings Form -Based Code requires that buildings in the RFC -
SG zoning district are a minimum of 2-stories. The applicant is requesting that
the Board of Adjustment waive the minimum 2-story building requirement.
• The proposed use is a convenience store, which is typically a 1-story building.
• The site is approximately 1.15 acres in size. Currently, the plans show 21 parking
spaces with no additional space for more parking. An additional story would
require more parking. Without changes to the number of gas pumps or a
reduction in the size of the building, the site would not be able to accommodate
the additional parking required by a second story.
• The applicant has proposed higher external building walls, which range from 22'
to 24'8", which give the appearance of a 2-story building.
o Staff recommends that the proposed higher external building walls be a
condition of this special exception. For the proposed gas station use, a
higher external wall will give the appearance of a 2-story building and
meet the intent of the code requirement.
• The intent of the 2-story minimum requirement is to promote the creation of
economically vital, mixed use, and pedestrian friendly districts. The standards of
the code ensure that projects are consistent with the goals, objectives, and
guidelines of the Downtown and Riverfront Crossings Master Plan.
General Standards: 14-413-3: Special Exception Review Requirements:
In order for the Board of Adjustment to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• There is an existing convenience store with fuel sales located on this site.
• The Board of Adjustment recently approved allowing a new convenience store
with fuel sales at this site.
• The proposed request will not change the use or access to site.
• The proposed request will result in a 1-story building instead of a 2-story building.
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 proposed request will not change the use or access to the site.
• A reduction in the height of the building will not be injurious to the use and
enjoyment of other property in the immediate vicinity.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
The surrounding properties are developed, but eligible for redevelopment under
the Rivertront Crossings Form Based Code.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property has access to all necessary utilities and facilities, and the
redevelopment would not require off -site improvements.
S. Adequate measures have been or will betaken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The current site has access points off of S. Gilbert St, Highland Ave., and 311 St.
A condition was attached to the rezoning that the applicant must close all access
points from S. Gilbert St. and have only one access point from Highland Ave. in
order to minimize traffic congestion on surrounding streets and at the intersection
of S. Gilbert St. and Highland Ave.
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:
Through the design review process, staff will ensure compliance with the
Rivertront Crossings Form -Based Code.
Approval of the requested special exception will waive the requirement that the
convenience store in this location in the RFC -SG zoning district be a minimum of
2-stories.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
The Future Land Use Map of the Comprehensive Plan has designated this area
for Mixed Use Development.
o The Mixed Use land use designation includes a variety of retail, office,
and residential uses.
The Comprehensive plan also supports urban infill and redevelopment in certain
areas of the City, including in the Riverfront Crossings District.
The Riverfront Crossings Master Plan calls for a pedestrian scale development in
this area along S. Gilbert St., with buildings to the front of the street and parking
to the rear. It also calls for a retail/convenience store in this area to serve local
residential and commercial uses.
The Master Plan envisions this area to be redeveloped and shows a building
placed in the front corner of the lot with parking in the rear.
STAFF RECOMMENDATION:
Staff Recommends approval of EXC20-03, a request by Kum & Go, LLC to waive the 2-story
minimum building requirement in the RFC -SG zoning district for the proposed quick vehicle
servicing station on approximately 1.15 acres of property located at the northeast corner of S.
Gilbert St. and Highland Ave. subject to the following condition:
1. That the proposed convenience store be built with higher external building walls a
minimum of 22' in height, to give the appearance of a 2-story building.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
4. Concept Plan
Approved by:
tzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
EXGao-r-3
APPLICATION TO THE. -
BOARD OF ADJUSTMENTii:22¢
SPECIAL EXCEPTIONI`l 17�
DATE: February 26, 2020
PROPERTY PARCEL NO. See Attached List of owners
PROPERTY ADDRESS: 1310 South Gilbert & 348 Highland Ave
PROPERTYZONE: RFC -SG
PROPERTY LOT SIZE: 1.15 AC
Name:
Kum & Go LLC. (Britni Andreassen)
APPLICANT:
1459 Grand Ave. Des Moines IA, 50309
Address:
(515) 457-6083
Phone:
Britni.andreassen@kumandgo.com
Email:
Name:
Civil Design Advantage (Keith Weggen)
CONTACT PERSON:
3405 Se Crossroads Dr. Suite G Grimes IA, 50111
(if other than applicant)
Address:
(515) 369-4400
Phone:
Keithw@cda-eng.com
Email:
(See attached)
Name:
PROPERTY OWNER:
(if other than applicant)
Address:
Phone:
Email:
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in,
please contact Anne Russett at 356-5251 or e-mail anne-russett0iowa-citv.orct.
Purpose for special exception: Approval of "Quick Vehicle Servicing" to allow the use of a
I
(story) within the building, but with a 2-story exterior wall height.
Date of previous application or a 10/11/19
p pp appeal filed, if any:
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
There is an existing convenience store with fuel sales already at the site.
This request will allow the reconstruction of the existing building and
canopy to improve access from public streets to the site, improve
circulation within the site, and to significantly improved the building both
physically and aesthetically. This approval will not be detrimental to or
endanger the public health, safety, comfort, or general welfare, as the use
of is compatible with those often related to similar districts.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
A convenience store with fuel sales currently exists (proposed use will not
change). Approval would allow complete reconstruction of the existing
building/fuel canopy - the site will be significantly improved physically and
aesthetically, thus improving the use/enjoyment of other property in the
immediate vicinity and will not diminish/impair neighborhood property
values. While only having one usable floor within, proposed building
would be constructed with a 2-story facade, giving the appearance of a
2-story building, consistent with the intent of the subdistrict.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The establishment of the specific proposed exception will improve the
normal and orderly development and improvement of the surrounding
property for uses permitted in the Riverfront Crossing district as
circulation through S Gilbert st will be improved by removing accesses to
store on S Gilbert St. While only having one usable floor within, proposed
building would be constructed with a 2-story facade, giving the
appearance of a 2-story building, consistent with building and frontage
types identified for the subdistrict.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
All are utilities, access roads, drainage, and/or necessaryfaciliti6s are in
place today. This project would not require extensions or-offsite'
improvements. Vehicular access from S. Gilbert would go`away,Tioviding
some relief at the adjacent intersection.
0
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Proposed with this project, the Applicant intends to remove existing
access points along S Gilbert St. This will improve circulations and
provide some congestion relief at the nearest intersection to the south.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone
in which it is to be located. For example, the building will be located within
the appropriate setbacks, the building will conform to code requirements,
and pedestrian access will be provided. While only having one usable
floor within, proposed building would be constructed with a 2-story facade,
giving the appearance of a 2-story building, consistent with building and
frontage types identified for the subdistrict, meeting the intent for building
height identified within the RFC -SG subdistrict.
The proposed use will be consistent with the Comprehensive Plan of the
City.
The City's Comprehensive Plan identifies this site as Mixed -use which
includes a variety of retail use. The proposed use of the site will be
consistent with City's future Comprehensive Plan.
:a
3
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME ADDRESS
(See attached) (See attached)
r.,
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1\ CIVIL DESIGN ADVANTAGE L.L.C. ENB"�'ER 1,A` DSCIIE naC.I,rEr_IS.
P`41N11CRS S S4RVEYORS
Legal Description:
The west 115 feet of out lot 1 in cook, Sargent and Downey's addition to Iowa city, Iowa, according to the plat
thereof recorded in book 16, page 84, deed records of Johnson county, Iowa, excepting therefrom the south 30
feet thereof and further excepting the following tract: beginning at the northwest corner of said out lot 1, thence
east 5 feet along the south line of third street; thence south parallel to the west line of said out lot 1, 115.38 feet;
thence southerly in a straight line to a point 13 feet east of the west line of said out lot 1 and 16 feet north of the
north line of Highland avenue; thence southeasterly on a straight line between said point and a point on the north
line of highland drive 25 feet east of the west line of out lot 1 to a point 6.59 feet northwesterly along said line from
the point on the north line of highland avenue 25 feet easterly from the west line of out lot 1; thence southeasterly
28.96 feet in a straight line to a point on the north line of highland avenue 49.29 feet east of the west line of out lot
1; thence west 49.29 feet along the north line of Highland avenue; thence north 182 feet along the west line of out
lot 1 to the point of beginning.
And
Outlot 1 in Cook, Sargent and Downey's addition to Iowa City, Johnson County, Iowa. According to the Plat
thereof recorded in Deed Book 16, Page 84, Except the following:
1). — The south 30 feet of said Outlot 1,
2). — The west 115 feet of said Outlot 1,
3). — The east 20 feet of the south half of said Outlot 1.
3405 SE CRO SSROAD9 DRIVE, SURE G, GRIMES, IOWA 501 11 • P 515+369+4400 • F 51 5+369+441 O • WW .CDA-EN G.COM
n
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: DI/ 63 /LO
Britni Andreassen, Kum & Go
20 _
Signature(s) of Applicant(s)
Date:
, 20
Scott McDonough, McDonough Structures
Signature(s) of Property Owner(s)
if Different than Applicant(s)
Date:
20
Kam Properties, LLC
Signature(s) of Property Owner(s)
if Different than Applicant(s)
Date:
, Y0
GKLZ LLC
Signature(s) of Property Owners)
if Different than Applicant(s)
ppdadmi nlap p I ication-boase.doc
Q:2
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Date:
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
20
Date: 20 -�LL'
Date: 20
Date: 1 / w __ 20
742-lb1 fio2'v
Britni Andreassen, Kum & Go
Signature(s) of Applicant(s)
Scott McDonou h, McDonoughS
G tructures
' %" f
Signature(s) of Property Owner(s)
if Different than Applicant(s)
Kam Properties, LLC
Signature(s) of Property Owner(s)
if Different thaft\Applicant(s)
GKLZ LLC—
Signatur (s) o roperty`6wl
if Differe t-t an Applicant(s)
ppdadm iMapplication-boase.doc
CIVIL DESIGN ADVANTAGE L.L.0I"TUSIZA"E PRO"1TEOT5
F�.R.""E 45 6 , U ,
VEYORS
List of Owners:
Parcel #:
1015308001
Owner:
Kum & Go LC
Address:
1459 Grand Avenue
Des Moines, Iowa 50309
Phone:
(515) 457-6083 (Britni Andreassen)
Email:
Britni.Andreassen@kumandgo.com
Parcel #:
1015307006
Owner:
Mcdonough Structures Inc. (Unit A)
Address:
Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel #:
1015307007
Owner:
Mcdonough Structures Inc. (Unit B)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Soott@mcdonoughstructutes.com
Parcel #:
1015307008
Owner:
Mcdonough Structures Inc. (Unit C)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel #:
1015307009
Owner:
Mcdonough Structures Inc. (Unit D)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel #:
101530710
Owner:
Kam Properties LLC (Unit E)
Address:
3309 Hwy 1 SW.
Iowa City, Iowa 50240
Parcel #:
1015307011
na
Owner:
Mcdonough Structures Inc. (Unit F)
-
Address:
340 Highland Avenue
Iowa City, Iowa 50240
t1 ,
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
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3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 • P 51 5+369+4400 • F 51 5+369+4410 • WWW.CDA-ENG.COM
CIVIL DESIGN ADVANTAGE L.L.C,
Parcel #:
1015307012
Owner:
GKLZ LLC (Units G)
Address:
325 E. 3rd St. Unit 1
Iowa City, Iowa 50240
Parcel #:
1015307013
Owner:
GKLZ LLC (Unit G1)
Address:
325 E. 3rd St. Unit 2
Iowa City, Iowa 50240
ENG�.Ct.s L. nN p S CA'E F4 C- ,Cf I'_,
f LAN NERS G SIIR VE�OFS
3405 SE CROSSROADS DRIVE, SIJr-E G, GRIMES, IOWA 501 1 1 • R 51 5+369+4400 • F 51 5+369+441 0 • WWW.CDA-ENG.COM
Transmittal
To:
Kellie Fmehling or Anne Russett
From:
Keith Weggen
Company.
City of Iowa City
Date:
March 3, 2020
Address:
City Clerk's Office
Subject:
Kum & Go 3504 - Special Exception Application
410 East Washington Street
Iowa City, Iowa 52240
Project Number.
1902.078
Via:
Mail
CC: File
❑ URGENT 0 For Your Use ❑ Please Comment ❑ For Your Approval ❑ Sign & Return
Transmitted Material:
1. Completed Special Exception Application (1 copy)
2. Special Exception Application Fee (1 check for $460)
3. Site Plan Concept (1 copy)
4. Colored Building Elevations (1 copy)
5. Building Floor Plan (1 copy)
Comments:
Please let me know if you have any questions or need anything else.
Keith
3504 - Transmittal - City of Iowa City- 03-03-2020.doc
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CIVIL DESIGN ADVANTAGE L.L.C. ENGINEERS, LANDSCAPE ASRUCH17EC7S,
March 5, 2020
City of Iowa City
ATTN: Anne Russett & Iowa City Board of Adjustment
410 East Washington
Iowa City, Iowa52240
RE: Kum & Go Special Exception Application Supplemental Information
Dear Ms. Russett:
In response to your request for responses to the Specific Approval Criteria related to the recently applied for Special
Exception Application filed by Kum & Go, in regard to building height, we offer the following:
Iowa City's City Code, Title 14— Zoning Code, Chapter 2, Article G, Section 14-2G-3: Subdistrict Standards states the
following, as it relates to "Building Height and Fagade Step Backs."
"In the Park, South Gilbert, and University Subdistricts, buildings shall be two (2) stories minimum and six (6) stories
maximum in height above grade."
City Staff have interpreted this to mean that, because this site lies within the South Gilbert subdistrict, the building needs to
have a minimum of two (2) usable floors inside the building. For redevelopment of the existing convenience store, this
cannot be achieved for the following reasons:
1. Limited Site Area
After dedicating Right of Way (ROW) to the City of Iowa City for future street and ROW improvements, the site is
approximately 1.15 acres in size. Iowa City's Code requires 13 parking spaces for the proposed 6,262 SF
convenience store, which is significantly less than the number of spaces typically needed to efficiently operate a
store (which is typically around 25 spaces). The current Site Plan for the site proposes 21 parking spaces within the
site and there is no remaining area to provide any additional parking spaces.
If the building were to have a second floor of 6,262 SF one could anticipate having approximately 6 living units
within a second floor. If it were assumed that these living units were 2-bedroom units, the residential use would
require an additional 9 parking spaces, which the site does not have adequate room for.
If the building were to have a second floor of 6,262 SF of non-residential use, the site would be required to have an
additional 13 parking spaces, which the site does not have adequate space for.
2. Lack of Economic Feasibility
If a second usable floor within the building were to be required, the construction costs would undoubtedly
intensify significantly to a point where it is not economically feasible to pursue the project and redevelop the site.
3. Incompatible Uses and Impracticality of Tenants
In a multi -use building situation, there is an operational need for the convenience store to remain on the ground
level while a non -convenience store use would be above on the second level. Traditionally, finding a non -
convenience store tenant or use to be located above a convenience store is very difficult to achieve and a mixed
use of convenience store with other uses is impractical and at times considered incompatible.
4. Interpretation of Code
While City Staff has interpreted the code to require 2 usable floors within the building, we and the Applicant
interpret the code to be written regarding building "height above grade," as it states, and that it implies to actual
building wall height above grade and not "usable floors within the building."
2405 BE CROSSROADS DRIVE, SUITED, GRIMES, IOWA 501 11 • PSI 5+369+4400 • FBI 5+369+4410 • WWW.CDA-ENG.COM
CIVIL DESIGN ADVANTAGE L.L.C. ENGINEERS, LANDSCAPE ASRUCH17EC7S,
Intent of the Development Standards
As indicated with the recent submittal(s), Kum & Go is proposing a new convenience store for the site, which would be
limited to a single usable floor within the building. Recognizing that Iowa City s code requires a two-story building wall
height, as indicated above, Kum & Go has proposed higher external building walls (ranging from 22' to 2,V8"), which would
give the appearance and massing of a two-story wall fagade. The proposed wall heights are consistent with the Code's
intent for building and frontage types, creating the fagade appearance and massing that the intent of the code desires.
Please include this supplemental information with the Application to the Board of Adjustment. Please let us know if you
have any questions or need anything else.
Sincerely,
CIVIL DESIGN ADVANTAGE
Keit eggen, AS LA
Copy: Siobhan Harman, Kum & Go
Britni Andreassen, Kum & Go
File
2405 BE CROSSROADS DRIVE, SUITED, GRIMES, IOWA 501 11 • PSI 5+369+4400 • FBI 5+369+4410 • WWW.CDA-ENG.COM
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From: Keith Weaaen
To: Anne Russett
Cc: Siobhan Harman - Kum & Go (Siobhan.Harmanakumandao.com); Britni Andreassen; Nicole Neal
Subject: Kum & Go 3504 - Board Of Adjustment Special Exception Extension Request
Date: Wednesday, March 4, 2020 5:01:34 PM
A
Iowa City Board of Adjustment:
On January 8, 2020, the Iowa City Board of Adjustment approved a Special Exception request by Kum
& Go, LC to allow a quick vehicle servicing use (convenience store) for property located at 1310
South Gilbert and 348 Highland. This Special Exception included a time limitation, stating the Special
Exception would expire six months from the date which it was field with the City Clerk, unless the
Applicant shall have taken action within such time period to establish the use or construct the
improvement.
Portions of the site are currently occupied by tenants other than Kum & Go. Kum & Go is required
to provide those tenants with a certain amount of notice to vacate the existing eastern building(s).
The notice period extends beyond the six month expiration period noted above, which results in
Kum & Go not being able to start construction prior to the Special Exception expiring. It is
anticipated that construction of the project therefore could not likely start until August of 2020, at
the soonest, which is beyond the expiration of the approved Special Exception.
As such, we respectfully request a six month extension of the previously approved Special
Exception.
In addition to the previously approved Special Exception noted above, Kum & Go, LC has recently
applied for a Special Exception in regards to building height requirements. Should the newly applied
for Special Exception related to building height also be approved, we request that its expiration be
extended to match that of the previous Special Exception.
Please let me know if you have any questions or need anything else.
Keith Weggen, ASLA I project manager
CIVIL DESIGN ADVANTAGE LLC
3405 SE Crossroads Drive, Suite G Grimes, IA 50111
o 515.369.4400 f 515.369.4410 c 515.313.5445
KeithWaCDA-eng.com www.CDA-eng.com
cA Please consider the environment before printing this email.
This message is intended exclusively for the individual or entity to which it is addressed.
This communication may contain information which is proprietary, privileged or confidential.
If you have received this message in error, please notify the sender immediately by e-mail and
delete all copies of the message.
Fey
. IIII�IIIINIIIIVIIIIIIIIIIIIINIIIIIINNINII�IIIIINNIIIIIIIIIIIIIIIIII
:.Doc ID: 027605230004 Type: GEN
Kind: DECISION
Recorded: O7/31/2020 at 10: 10:40 AM
Fee Amt: $22.00 Pape 1 of 4
Johnson County Iowa
Prepared by Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5251 Kim Painter County Recorder
DECISION
BK6004 PG400-403
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 8, 2020
EMMA J. HARVAT HALL
MEMBERS PRESENT: Zephan Hazell, Ernie Cox, Amy Pretorius, Gene Chrischilles
MEMBERS ABSENT: Bryce Parker
STAFF PRESENT: Sue Dulek, Anne Russett
OTHERS PRESENT: Siobhan Harman, Scott McDonough "'' co
c-7 c3
SPECIAL EXCEPTION ITEMS:
Co
1. EXC19-12: A public hearing regarding a special exception application submitted b to' Cum &
Go LLC to allow a quick vehicle servicing use in the Riverfront Crossings District inthe
Riverfront Crossings — South Gilbert (RFC -SG) zone located at the northeast comer of S.
Gilbert Street and Highland Avenue.
The Board concludes that all vehicular areas, including parking and stacking spaces, drives,
aisles, and service lanes, will be screened from the public right of way to the S2 standard
and to the S3 standard along any side or rear lot line that abuts a residential zone boundary
based on the following findings:
The subject site is not abutting any residentially zoned properties, so the S2
screening standards apply.
o The S2 standard requires enough shrubs to form a landscape screen
ranging between two and four feet in height
The concept plan submitted by the applicant shows trees and shrubs screening
the parking area along both Highland Ave. and 3rd St. and a wall screening the
parking area along S. Gilbert St- Staff will ensure compliance with screening
standards during design review and site plan review.
The Board concludes that the proposed quick vehicle servicing use will have sufficient
vehicle stacking spaces to prevent congestion and vehicle conflicts along abutting streets
based on the following findings:
• The concept plan shows sufficient vehicle stacking and parking spaces to
accommodate anticipated traffic volumes.
The current access points off S. Gilbert St. create congestion and safety issues due
to their proximity to nearby intersections and the amount of traffic this street
experiences daily. Additionally, Highland Ave. experiences a significant amount of
traffic as it is one of the few through east/west streets that cross the CRANDIC
railroad. To help mitigate these issues, the condition that both Gilbert St. access
points and one Highland Ave. access point must be closed was attached to the
rezoning of this property on December 17, 2019.
The Board concludes that the unenclosed canopies over gas pump islands will be setback
at least 10' from any street right of way and that fuel dispensing equipment will be setback at
least 10' from any street right of way and at least 50' from any residential zone boundary
based on the following findings:
• The concept plan submitted by the applicant shows the canopy over the gas
pump island at least 30 feet away from the right-of-way.
• The site is not within 50' from any residential zone boundary.
The Board concludes that the lighting will comply with the provisions of title 14, chapter 5,
article G, "Outdoor Lighting Standards," based on the following finding:
• All lighting will be reviewed during the design review stage by the Form Based
Code Design Review Committee, as well as during the site plan review stage.
The Board concludes that the quick vehicle servicing use will comply with the standards set
forth in title 14, chapter 2, article G, "Riverfront Crossings and Eastside Mixed Use Districts
Form Based Development Standards," based on the following finding:
• During the design review stage, the Form -Based Code Design Review Committee
will review the plans to ensure compliance with Chapter 2, Article G.
The Board concludes that the quick vehicle servicing use will not have any detrimental or
endangering effects on the surrounding public realm based on the following findings:
There is an existing convenience store with fuel sales located on this site.
This special exception will allow the reconstruction of the existing building and
site to improve access from public streets, circulation within the site, and provide
physical and aesthetic site improvements.
The recent rezoning included a condition that the applicant dedicate additional
right-of-way along S. Gilbert St. in order to provide a more pedestrian friendly
environment and create a wider landscaped buffer between traffic on S. Gilbert
St. and the public sidewalk.
The Board concludes that the quick vehicle servicing use will not be injurious to the use of
other property in the immediate vicinity based on the following findings:
s
• As there is an existing convenience store with fuel sales on site, the; proposed--;
use would not change.
• Approval of this special exception would allow for a reconstruction of t"N site with
an updated building and landscaping, improving the building both aesthetically
and physically.
• Any additional lighting and noise created by this redevelopment will not be
injurious because of its location near Highway 6, its location on an arterial street
(S. Gilbert St.), and all the development across S. Gilbert St. to the west.
The Board concludes that the quick vehicle servicing use will not impede normal and orderly
development and improvement of surrounding properties based on the following findings:
• The surrounding properties are developed, but eligible for redevelopment under
the Riverfront Crossings Form Based Code.
• The redevelopment of the subject property will improve circulation on S. Gilbert
Street as the two current access points to the site will be closed.
The Board concludes that all necessary utilities and other facilities (access roads, streets,
sidewalks, storm water management etc.) are already in place for this property and the
surrounding neighborhood.
The Board concludes that adequate measures have been taken to provide ingress and
egress designed to minimize traffic congestion based on the following findings:
• The current site has access points off of S. Gilbert St., Highland Ave., and 3rd St.
A condition was attached to the recent rezoning that the applicant must close all
access points from S. Gilbert St. and have only one access point from Highland
Ave. in order to minimize traffic congestion on surrounding streets and at the
intersection of S. Gilbert St. and Highland Ave.
The Board concludes that the property complies with all other regulations and standards of
the zone in which it is located.
The Board concludes that the exception is consistent with the Comprehensive Plan of the
City based on the following findings:
• The Future Land Use Map of the Comprehensive Plan has designated this area
for Mixed Use Development.
o The Mixed Use land use designation includes a variety of retail, office,
and residential uses.
• The Comprehensive plan also supports urban infill and redevelopment in certain
areas of the City, including in the Riverfront Crossings District.
• The Riverfront Crossings Master Plan calls for a pedestrian scale development in
this area along S. Gilbert St., with buildings to the front of the street and parking
to the rear. It also calls for a retail/convenience store in this area to serve local
residential and commercial uses.
• The Master Plan envisions this area to be redeveloped and shows a building
placed in the front corner of the lot with parking in the rear.
DISPOSITON: by a vote of 4-0, the Board approved a special exception allowing a quick vehicle
servicing use in the RFC -SG zone at the northeast corner of S. Gilbert St. and Highland -Ave.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applican�'00tidh- shall , }
expire six (6) months from the date they were filed with the City Clerk, unless the application
shall have taken action within such time period to establish the use or construct the
improvement authorized under the terms of the Board's decision. City Code Section14-8C-
1 E, City of Iowa City, Iowa.
Approved by:
1i' t ` d S-e!o
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8`h day of January, 2020 as
the same appears of record in my Office.
Dated at Iowa City, this t?i �L day of 0- , 20 --LO
Kelli K. Fruehling, V
ty Clerk
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