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Home My WebLink About2018 Board of Adjustment DecisionsPrepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240: 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 13, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Parker MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz, Sylvia Bochner (Planning OTHERS PRESENT: Donovan Trana, Becci Reedus SPECIAL EXCEPTION ITEMS: I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 026938710004 Type: GEN intern)Kind: DECISION Recorded: 01/10/2018 at 02:16:40 PI Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder SK5746 PG962-965 1. EXC17-00009 —public hearing regarding a special exception to reduce the principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street. The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements based on the following findings: • The subject property is on a corner lot and is required to provide front principal building setbacks along both D Street and 2ntl Avenue. • The subject property is a relatively small lot, approximately 6,000 square feet. The minimum lot size for a single-family lot in the RS -5 zone is 8,000 square feet unless a rear alley is provided. • Compliance with the setback requirements would reduce the amount of usable open space on the property, which is a small lot. Because the setback reduction is for paving and not a structure, the Board concludes that granting the special exception will not be contrary to the purpose of the building setback regulations. The Board concludes that the request is not contrary to the intent of the standard restricting the non -required parking in the front yard and any negative effects resulting from the setback exception are mitigated to the extent possible, based on the following findings: • The applicant is proposing a 12 -foot wide driveway with a parking space 20'8" in length. The space provided is enough to park a single car. • Allowing a setback reduction for a single parking space would not significantly alter the character of the street or neighborhood or the streetscape as many properties provide vehicle access from the street rather than a rear alley. • The zoning code prohibits the storage of special vehicles (any vehicle longer than 20') within the front setback in Single -Family zones. This includes RVs, boats, trailers, commercial vehicles, etc. A condition should be that the setback reduction applies only to the storage of personal motor vehicles and that the parking of special vehicles or any vehicle longer than 20 feet is considered a violation of the special exception. Including this condition will assist with enforcement if there is ever an issue with parking or storing items other than cars on the parking pad. • The driveway is proposed to flare to 18 feet at the curb line. M-0 M tJ 7J CoriN:6 Goibi, r.1 Bryc§ I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 026938710004 Type: GEN intern)Kind: DECISION Recorded: 01/10/2018 at 02:16:40 PI Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder SK5746 PG962-965 1. EXC17-00009 —public hearing regarding a special exception to reduce the principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street. The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements based on the following findings: • The subject property is on a corner lot and is required to provide front principal building setbacks along both D Street and 2ntl Avenue. • The subject property is a relatively small lot, approximately 6,000 square feet. The minimum lot size for a single-family lot in the RS -5 zone is 8,000 square feet unless a rear alley is provided. • Compliance with the setback requirements would reduce the amount of usable open space on the property, which is a small lot. Because the setback reduction is for paving and not a structure, the Board concludes that granting the special exception will not be contrary to the purpose of the building setback regulations. The Board concludes that the request is not contrary to the intent of the standard restricting the non -required parking in the front yard and any negative effects resulting from the setback exception are mitigated to the extent possible, based on the following findings: • The applicant is proposing a 12 -foot wide driveway with a parking space 20'8" in length. The space provided is enough to park a single car. • Allowing a setback reduction for a single parking space would not significantly alter the character of the street or neighborhood or the streetscape as many properties provide vehicle access from the street rather than a rear alley. • The zoning code prohibits the storage of special vehicles (any vehicle longer than 20') within the front setback in Single -Family zones. This includes RVs, boats, trailers, commercial vehicles, etc. A condition should be that the setback reduction applies only to the storage of personal motor vehicles and that the parking of special vehicles or any vehicle longer than 20 feet is considered a violation of the special exception. Including this condition will assist with enforcement if there is ever an issue with parking or storing items other than cars on the parking pad. • The driveway is proposed to flare to 18 feet at the curb line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and 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 based on the following findings: • A reduction of front setback to allow for additional parking would not interfere with visibility along 2nd Avenue. • The driveway location is set back more than the required 50 feet from the intersection and more than 90 feet from the nearest driveway to the south. The driveway location will be verified by the City Engineer when the applicant applies for a cut permit. • The surrounding neighborhood is already fully developed, so this special exception would not impede future development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • All necessary utilities and facilities are already provided for this property and the surrounding neighborhood. • Adequate space is provided within the right of way to allow future establishment of a public sidewalk. • The east side of 2nd Avenue currently does not have sidewalks. However, the construction of additional parking does not reduce the opportunity to construct a sidewalk here in the future. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following finding: • No new structure is proposed, so visibility will not be impacted. The proposed change to the property will not generate additional traffic along the street. The Board concludes that the Comprehensive Plan emphasizes pedestrian friendly streets and due to the narrowness (12' in width) of the driveway, parking more than one vehicle should be discouraged. Disposition: By a vote of 5-0 the Board approves an application for a reduction in the front principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street subject to the flowing conditions: • The reduction in the setback is for the purpose of installing a driveway and parking pad only. • Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2nd Avenue. • This parking area shall be limited to the storage of personal vehicles only—no storage of recreational vehicles or other items within this area is allowed. na o _ m 2 � el �"� 2. EXC17-00010 — Public hearing regarding an application submitted by the Crisis Center of Johnson County for a special exception to allow expansion of a Community Service use in the Intensive Commercial (CI -1) zone at 1121 Gilbert Court. The Board concludes that 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 based on the following findings: • The surrounding CI -1 zone is home to a mix of consignment stores, vehicle and other repair uses, offices, and general community service uses. • The Crisis Center and the adjacent 1105 Project properties operate together and accommodate 79 parking spaces. The minimum off-street parking requirement for the two buildings, based on square footage and use, is 49 spaces. • The neighborhood is served by three transit lines: Lakeside and Broadway stops are located approximately one to two blocks away at South Gilbert Street and Kirkwood Avenue intersection; the Mall route has a stop two blocks to the east, near Kirkwood Avenue and Diana Street intersection.. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and 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 based on the findings above and the following additional findings: • Sidewalks are in place along Gilbert Court and Kirkwood Avenue . • The addition of the vestibule allows for the more efficient use of the property and will not alter use or access to the site. • With the previous special exception for the 1105 Project (dated May 13, 2013 and recorded May 15, 2013 in Book 5092, Page 353 in the office of the Johnson County Recorder), the applicant was required to bring the property into compliance with parking area standards to improve pedestrian access, layout of parking stalls and vehicle circulation, including the consolidation curb cuts along Gilbert Court. The Board concludes that all necessary utilities and facilities are already in place for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following finding: • At the time that the 1105 Project was constructed the applicant consolidated curb cuts and improved circulation and parking for the two properties. Circulation drives located behind 1121 and 1105 Gilbert Court connect the various parking areas associated with the two properties. Based on the findings above, the Board concludes that, 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. _ ti 0 ca rn ='° r w The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended: the Comprehensive Plan supports the provision of such services in areas with pedestrian and bus access. Disposition: By a vote of 5-0 the Board approves EXC17-00010 an application for the expansion of a General Community Service Use in the Intensive Commercial (CI -1) zone at 1121 Gilbert Court, subject to the following conditions: • Substantial compliance with the submitted site plan. • Dumpster should be screened from view of the street by solid or semi-solid fence enclosure. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improverWt authorized under the terms of the Board's decision. City Code Section 14-8C-1 EyCity of$wa City, Iowa. =,c? - C') �({ Approved by: :<<n g (� Becky 9glin, Chairperson �.p r 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 13th day of December, 2017, as the same appears of record in my Office. Dated at Iowa City, this ST11- day of Janes 20 IF) S' • ,'r✓ �j Kellie K. Fruehling, C Clerk (ORPOPATESfA� MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Larry Lounsbery SPECIAL EXCEPTION ITEMS: 0 �� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 026957560005 Type. GEN Kind: DECISION Recorded - $27/ 0/2018 at 36:44 AM Page I of 5 Johnson County Iowa Kim Painter County Recorder eK5754 PG703-707 EXC17-00008: A public hearing regarding an application submitted by McDonalds USA LLC for a special exception to allow expansion of a drive-through in the Community Commercial (CC -2) zone located at 804 S. Riverside Drive. The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area, and adequate measure have been taken to address ingress and egress to minimize congestion on public streets based on the following findings: • The property is accessed from curb cuts on two arterial streets: Riverside Drive and Benton Street. • While the curb cut on Riverside Drive does not meet the City's access standards, it functions satisfactorily for right turning (northbound) vehicles; during peak hours, southbound vehicles experience difficulty turning left into the Riverside Drive entrance and may rely on the Benton Street entrance. • No cross -access drives to other properties exist at this time and no additional access or changes in access are proposed as part of this application. There is no practical alternative at this time for alternate access points. o A potential consolidated curb cut along Benton Street, which was part of a previous approved but expired special exception, is infeasible. A re-evaluation of sight line issues associated with an adjacent driveway (on the Mumm's property at 21 W. Benton Street) determined that visibility issues can be addressed by other means when the property is redeveloped. • A second order lane and menu board are intended to improve the efficiency of the drive- through use. The Board concludes that an adequate number of stacking spaces are provided to ensure traffic safety is not compromised based on the following finding: • The submitted site plan shows adequate space for 7 vehicles to stack between the pick- up window and the order boards with additional stacking at the order boards. N O Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 O m Y i DECISION Om�0 IOWA CITY BOARD OF ADJUSTMENT 1 N i" WEDNESDAY, JANUARY 10, 2018 �� m EMMA J. HARVAT HALL s � N MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Bryce Parker " MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Larry Lounsbery SPECIAL EXCEPTION ITEMS: 0 �� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 026957560005 Type. GEN Kind: DECISION Recorded - $27/ 0/2018 at 36:44 AM Page I of 5 Johnson County Iowa Kim Painter County Recorder eK5754 PG703-707 EXC17-00008: A public hearing regarding an application submitted by McDonalds USA LLC for a special exception to allow expansion of a drive-through in the Community Commercial (CC -2) zone located at 804 S. Riverside Drive. The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area, and adequate measure have been taken to address ingress and egress to minimize congestion on public streets based on the following findings: • The property is accessed from curb cuts on two arterial streets: Riverside Drive and Benton Street. • While the curb cut on Riverside Drive does not meet the City's access standards, it functions satisfactorily for right turning (northbound) vehicles; during peak hours, southbound vehicles experience difficulty turning left into the Riverside Drive entrance and may rely on the Benton Street entrance. • No cross -access drives to other properties exist at this time and no additional access or changes in access are proposed as part of this application. There is no practical alternative at this time for alternate access points. o A potential consolidated curb cut along Benton Street, which was part of a previous approved but expired special exception, is infeasible. A re-evaluation of sight line issues associated with an adjacent driveway (on the Mumm's property at 21 W. Benton Street) determined that visibility issues can be addressed by other means when the property is redeveloped. • A second order lane and menu board are intended to improve the efficiency of the drive- through use. The Board concludes that an adequate number of stacking spaces are provided to ensure traffic safety is not compromised based on the following finding: • The submitted site plan shows adequate space for 7 vehicles to stack between the pick- up window and the order boards with additional stacking at the order boards. The Board concludes that sufficient on-site signage and pavement markings will be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement based on the following findings: • The submitted site plan shows pavement markings, including lane striping and directional arrows, along with signage at the entrances and proposed signage over the order board area to direct vehicles through the site. • Landscaped islands between the order boards and in the area adjacent to the pick-up lane help to direct traffic and separate vehicle lanes as drivers navigate the site. • The Board concludes that the existing street -facing location does not reduce the overall safety and efficiency of the site; will not conflict with adjacent uses or pedestrian access or safety; and will not compromise the character of the streetscape or neighborhood in which it is located; based on the following findings: The shape of the lot and the location of existing curb cuts, along with the existing building footprint, limit the opportunity to reconfigure the drive-through lane or service window location. Moving the pick-up window to the east or south side of the building would result in cars stacking in areas along the front (west) side of the building or into the drive entrance from Riverside Drive. This would likely create conflicts with pedestrians and vehicles accessing the site. • A condition requiring that 50% of shrubs in the S2 screening be evergreen species and additional street trees (1 large tree for every 30 feet of frontage) be installed within parking area setback along Benton Street will reduce views of the drive-through service windows. Existing trees count toward satisfying the street tree requirement. • The existing arrangement of parking and vehicle circulation for the drive-through has the potential to compromise the character of the streetscape by delaying improvements to the streetscape as envisioned in the Riverfront Crossings Plan. A right-of-way dedication or public access and utility easement to allow for improvements to pedestrian circulation across the site and through the Riverside Drive corridor as called for in the Riverfront Crossings Plan and the South Riverside Drive Streetscape Plan will address this issue by allowing for a 6 -foot wide sidewalk set back approximately 14 -feet from the street, installation of ADA curb ramps at the intersection, and the establishment of street trees in the parkway. • Installation of a screen wall along the edge of the parking area on the Riverside Drive frontage, as illustrated in the South Riverside Drive Streetscape Plan, to be substituted for an additional setback for the parking area. The Board concludes that all drive-through lanes will be set back more than the required 10 feet from adjacent lot lines based on the finding that the drive-through lanes are set back no less than 20 feet from adjacent lot lines. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the areathe use is located; will be screened to the S2 standard; multiple windows are considered; located such that vehic r and pedestrian conflicts are integrated into the surrounding landscape and streetscape design - of th rteighborhood in which it is located; lighting complies with the outdoor lighting C. s i&-*1*'epter 5, article G; and intercom systems are located and directed to minimize turtWnceNoiacent uses based on the following findings: • cfhe nald's site is surrounded by commercial zoning on all sides. LL� c co N An additional order board is part of the proposal and is designed to improve the efficiency of the drive-through service and reduce idling on the site. Any new lighting for the site must meet current code standards and will be reviewed as part of the building permit process. Intercom systems and order boards will be directed toward the east southeast. Adjacent properties are vacant at this time. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare based on findings provided above with regard to vehicle access, drive-through location, and directional signage and markings, in addition to the following findings: • Riverside Drive and Benton Street are designed to accommodate the levels of traffic generated by commercial uses such as drive-throughs. • The drive-through lanes are located more than 100 feet from the entrance on Riverside Drive. • Access to Benton Street provides an alternative entry and exit point during peak traffic times when congestion makes left turns difficult. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed drive-through lane and order board will be located toward the rear of the building and the subject property is surrounded by vacant commercial (CC -2) property. • Views of the drive-through service windows will be reduced by installation of enhanced S2 screening along the Benton Street frontage. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • All necessary utilities and drainage are available at this site. Any changes affecting storm water drainage must be approved by the City Engineer. • Benton Street and Riverside Drive are designed to support large commercial uses. • A right-of-way dedication or public access and utility easement will allow for the improved pedestrian facilities called for in the Riverfront Crossings Master Plan and South Riverside Drive Streetscape Plan. The Board concludes that, 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, based on the following finding: The criteria for the special exception discourage the location of the service windows facing the street. While the submitted site plan indicates the required S2 screening within the setback along Benton Street, a condition imposed is enhanced screening to include no less than 50% evergreen varieties and installation of street trees—one tree foP�,Pvery 30 feet of street frontage (no fewer than 8 trees). Tree species to be approved bg4he Cith Forester. = `� r*n t n -G N 1 0 rQ The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Southwest District Plan calls for aesthetic improvements for property along the Riverside Drive Commercial Corridor, especially landscaping. The proposed site plan improves the attractive landscape features already present on the site. Installing additional perimeter screening and recommended trees will soften views of the parking area and drive-through, provide appropriate separation between vehicle and pedestrian areas, and enhance this highly traveled arterial street. • The Riverfront Crossings Plan calls for improvements along Riverside Drive to improve pedestrian safety throughout the neighborhood. These goals are described in detail in South Riverside Drive Streetscape Plan. Additional right-of-way along Riverside Drive and a small portion along Benton Street are necessary to make these pedestrian improvements: 6 -foot wide sidewalks set back 14 -feet from the street and ADA curb ramps at the intersection, opportunity to bury utilities and the location of street trees and other improvements (e.g. street lighting). Through dedication of land or a public access and utility easement, the existing setback along the front (west side) of the parking area provides sufficient space to allow these planned improvements to the streetscape. DISPOSITION: By a vote of 4-0 the Board approved EXC17-00008, a special exception to allow an expansion of the existing drive-through facility in the Community Commercial (CC -2) zone, at 804 South Riverside Drive, subject to the following conditions: • Substantial compliance with site plan submitted with the following additional changes: o Along the Benton Street frontage, installation of required S2 landscape screen to include 50% evergreen species; installation of street trees, 1 per 30 feet of street frontage. City Forester must approve tree species. o Right-of-way dedication or a public access and utility easement along the Riverside Drive frontage and Benton Street intersection to allow relocation of a 6 - foot sidewalk to be set back approximately 14 feet from the curb in accord with the South Riverside Drive Streetscape Plan. o Prior to the final inspection for the building permit, the applicant will contribute funds to pay the full cost of installation of a 6 -foot wide sidewalk within the easement area as part the City's planned overlay project for the Riverside Drive - Benton Street intersection. The applicant will plant required street trees within in the parkway in accord with the South Riverside Drive Streetscape Plan. Applicant will construct a 34 foot screen wall or planter as described in the streetscape plan to be substituted for the required parking area setback and screening along Riverside. Design to be approved by planning staff. J Q- iJ LIME LIMITAJtN S: i rL LL }' C-) 0 N All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant 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 Section 14-8C-1 E, City of Iowa City, Iowa. T. Gene Chrischilles, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office 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 10'" day of January, 2018, as the same appears of record in my Office. Dated at Iowa City, this c2 �day of YZ i 20 Kellie K. Fruehlin , City Clerk CORPORiA1ESEAl _ N " O � m mac? r+i ca nn N 1 m OX N i` O N Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 Un E D DECISION 2016 MAR 15 AM 8:52 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, 14 FEBRUARY 2018 CITY CLERK EMMA J. HARVAT HALL IOWA CITY, IOWA MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Bryce Parker, Ryan Hall MEMBERS ABSENT: Connie Goeb STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Thomas McInerney, Mike Olivera, Robert Carlson, Dan Rowher SPECIAL EXCEPTION ITEMS: EXC18-00001: A public hearing regarding an application submitted by Thomas McInerney for a special exception to allow a drive-through restaurant in the Community Commercial (CC -2) zone located at 51 S. Riverside Drive (Gateway Plaza). The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area; an adequate number of stacking spaces will be provided to ensure traffic safety is not compromised; and adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The property has access from arterial roadways, Highway 1 West and South Riverside Drive, via a frontage road. • A frontage road provides circulation around the large shared parking area that serves the Gateway Plaza shopping center as well as adjacent commercial properties to the west and south. • There are two primary access points to the proposed drive-through: an existing curb cut from the north frontage road, which will be reduced in width to better control access, and a new curb cut from the east frontage road. • During peak morning hours, most vehicles will enter the site via access points from the frontage road. • The site plan indicates a median island that runs between the parking rows to the west of the restaurant control vehicle access to the drive-through lane. • The proposed use is a coffee service, a use that has a high queueing demand. • The site plan submitted for the proposed drive-through shows adequate space for 6 vehicles to stack between the pick-up window and the order board with additional stacking available within the private parking area. • Peak hours for coffee service are generally limited to the early morning when most businesses in the shopping center are not open to the public. However, the Board finds that the roadway surrounding the shopping center lacks pedestrian facilities and that there are presently few, if any, accommodations for pedestrians within the shopping center parking area and the existing parking area is non- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIII I Doc ID: 026985350007 Type: GEN Kind: DECISION RecFeeoAmt: $37.00/Page Ito 2732:34 Pn Johnson county Iowa Kim Painter county Recorder SK5766 PG242-248 conforming with regard to parking area elements. The Board finds that the addition of P new restaurant building is considered an expansion of the shopping center and thus requires improvements to the parking area (e.g. landscaped areas at AAM& k5rkiAd 8: 52 aisles, parking area trees, etc.). The Board concludes that with required improvements to the non -conforming parking area (similar to the applicant's submitted "cont t XaGURK the shopping center parking) the overall safety of the parking area will rQd-d(bWWA providing clearer demarcation of aisles and drives and that providing a pedestrian route between the shopping center and the coffee shop as part of the required improvements will help to ensure the safety of pedestrians moving across the shopping center site. The Board concludes that there will be sufficient on-site signage and pavement markings to indicate the direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement based on the following findings: • The site plan indicates directional arrows and other pavement markings are provided, including a stop bar and DO NOT ENTER marking at the exit of the drive-through. • The site plan shows directional signs for the two curb cuts from the frontage road (one to the east and one to the north) should be installed to direct cars into the site. Additional signage marks the entry to the drive-through lane. The Board concludes that the proposed street -facing location of the drive-through lane and service windows is preferable for the overall safety and efficiency of the site; does not conflict with adjacent uses or pedestrian access; and will not compromise the character of the streetscape or neighborhood in which it is located based on the following findings: • The layout of the larger shopping center, which relies on access from the frontage road rather than directly from the adjacent arterial streets, makes the location of the drive- through less of a concern in terms of its impact on the Highway 1 and Riverside Drive. • Within the context of the larger shopping center and its parking area, the location of the drive allows it to be fully separated from parking aisles and drives, thereby minimizing conflicts with other users of the site. • A single, 12 -foot wide drive-through lane is proposed with one order board and service window. • The location of the drive-through lane does not interfere with the potential for the installation of pedestrian facilities in the future. • Existing trees located within the Highway 1 right-of-way provide some screening of the site. • The drive-through lane is set back well over 10 feet from the east property line and meets the 10 -foot setback along the north property line. • By requiring as a condition that 50% of the S2 shrubs be of an evergreen variety, adequate screening is provided from the right-of-way. The Board concludes the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to the adjacent residential properties or detract from or unduly interrupt pedestrian circulation or commercial character of the area: • The site is surrounded by commercial zoning to the north, west, and south; property to the east of Riverside Drive is zoned public. If the public zone should ever be rezoned, it likely would be zoned commercial due to its location at the major intersection of two arterial streets. • A single, 12 -foot wide drive-through lane is shown. N t!7 p Go (lf c R;-(�y requiring as a condition that 50% of the S2 shrubs be of an evergreen variety, J J� dequate screening is provided from the right-of-way. my new lighting must meet current code standards and will be reviewed as part (L = j Qof the building permit process. 3 CM 17ge Boal concludes that loudspeakers or intercom systems, if allowed, should be located a?fd directed to minimize disturbance to adjacent uses based on the following findings: • The site plan shows intercom systems and order boards directed toward the east southeast.' • There are no residential properties in the vicinity of the site. Based on the findings above and the following additional findings, including the Board's condition requiring the establishment of a pedestrian route as part of the required parking area improvements for the shopping center, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and 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: • Riverside Drive and Highway 1 are designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lanes are located more than 100 feet from the shopping area entrance drives to Highway 1 and Riverside Drive. • While there are currently no sidewalks to serve this shopping center, the location of the drive-through does not interfere with opportunities to establish pedestrian access to the site in the future. • The proposed drive-through lane and order board will be located away from other uses in the shopping center. • Improvements to the parking area to better define parking rows and aisles will help to control and direct vehicles as they travel across the site. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The proposed use relies primarily on access from the frontage road with additional access from within the parking area. • There is adequate space for 6 cars to stack in the drive-through lane with additional stacking space within the private parking area to provide stacking for several more vehicles along the parking aisle. • While coffee service is known to require additional queuing, peak hours of demand are in the early morning when most other businesses are not open to the public. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Drainage on the site will be improved as some areas of the shopping center that are currently paved will be converted to green space, including an area to the east of the drive-through land and within the parking lot where medians islands/end caps along the parking rows are required in order to bring the non -conforming parking area into closer conformance with zoning code standards. The Board concludes that, 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 based on the findings above in addition to the following findings: • All other aspects of the site not specifically addressed here (e.g. lighting, signage) must be reviewed as part of building permit and site plan process and must meet current code standard. • The larger parking area, which serves the shopping center is non -conforming with regard to design elements (i.e. median/ terminal islands, landscaping, etc.). Because the establishment of the restaurant is an expansion of the commercial use, the applicant is required to bring the parking area into conformance with parking standards according to the standards for non -conforming development in the code. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended, based on the following findings: • The South Central District Plan indicates this area as appropriate for general commercial uses. • The South Central District Plan calls for improved landscaping along Highway 1 as a main entryway to the city. The proposed landscaping for the use should contribute to the overall aesthetic of the highway entrance as well as its proximity to the Riverfront Crossings District to the north of the highway. By a vote of 4-0 (Goeb absent) the Board approves EXC18-00001, a special exception to allow a drive-through facility for an eating establishment in the Community Commercial (CC -2) zone, at 51 South Riverside Drive, subject to the following conditions: N T Substantial compliance with site plan submitted with the following additional [] co es: W =ong the north and east frontages, required S2 landscape screen must include -3>50% evergreen species. -J c-)+-- gt.3stablishment of a pedestrian route between the main shopping center building LL Q t—�nd the restaurant shall be part of the of the parking area improvements required Z 3*or overall site. m O o _ N 2. EXC18-00002 — Public hearing regarding an application submitted by Prestige Properties LLC for a special exception for reductions in the principal building setback requirements for property located in the Community Commercial (CC -2) zone located at 408 S. Gilbert Street. 4 The Board concludes that the situation is peculiar to the property based on the following findings: • The subject property is an oddly shaped (nearly triangular) remnant parcel with Community Commercial (CC -2) zoning, which abuts residential zones to the north and south. • The existing building is placed at an angle to the street. The Board concludes there is practical difficulty complying with the setback requirements based on the following findings: • The applicant seeks to expand the building to meet the unique needs of the existing use. Those needs include a large amount of file storage on site as well as specialized refrigeration. • There is limited opportunity to provide the minimum parking on the property. The Board concludes that granting the special exception will not be contrary to the purpose of the setback requirements based on the following findings: • The applicant has a perpetual access easement along the north property line for the driveway that serves the adjacent RM -44 property at 406 Gilbert Street. This provides approximately 20 feet of separation between structures, which is more space for light, air, fire protection, firefighting, and privacy than is otherwise required by the setback standards. • The property is located within an area of the Gilbert Street Subdistrict (Riverfront Crossings Plan), which calls for buildings along the east side of Gilbert Street to come into a more urban form as they redevelop, "with buildings fronting the street and parking located to the side or rear of the building". By relocating the entrance and providing a connection with the public sidewalk, the property more closely aligns with the long-term vision for the district. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • The relocation of the entrance to provide direct access from the sidewalk brings the property closer to what is envisioned for this area in the Gilbert Street Subdistrict. cv • The proposed design introduces a glass entryway. U') Q ao T t�&ard finds that the subject building will be located no closer than 3 feet to a side or W a raQJ perty line. e. J �TWMDard concludes that the specific proposed exception will not be detrimental to or _ —end er the public health, safety, comfort or general welfare; will not be injurious to the cuspd enjoyment of other property in the immediate vicinity; will not substantially 7 -diminish or impair property values in the neighborhood; and will not impede the normal nand orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The reduction in the front principal building setback along Gilbert Street is to create a new entrance that is more accessible to pedestrian traffic and will not interfere with or impede visibility along Gilbert Street. • As noted above, a perpetual easement along the driveway on the adjacent property preserves 20 feet of separation between existing or future buildings. • Over time, as properties on the east side of Gilbert Street redevelop, they will be required to come into the Riverfront Crossings zone, providing setbacks similar to what exists on the west side of the street. The Board finds that adequate utilities, access roads, drainage and/or necessary facilities are already provided to the property. The Board concludes that adequate measures have been taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • No changes are proposed to the parking arrangement and none are required. The property meets the minimum parking requirement. • The property is located with access from Gilbert Street, which is a 4 -lane arterial street designed to serve high traffic uses. • The use of the site is not one that generates significant traffic; issues with ingress or egress from Gilbert Street are not anticipated. The Board concludes that, 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 based on the following findings: LO The parking area for the use is considered non -conforming with regard to required settljr+cks and screening. A 10 -foot setback is typically required with S2 (low) landscape Q 00lgning to separate and screen vehicle areas from pedestrian areas. A condition W c`Iii d be imposed that, where the minimum parking area set back cannot be met, the cant must provide a 2Yr to 3- foot masonry wall in addition to S2 screening shrubs .J i Ldder to meet the intent of the setback standard, which is to provide separation bEtKeen vehicle and pedestrian areas. = U3t CD `the Beard concludes that the proposed use will be consistent with the Comprehensive Flan, as amended, based on the following findings: • The Riverfront Crossings Master Plan notes that this area of Gilbert Street consists of a number of mixed-use and high-density apartments that are not likely to experience significant redevelopment in the near future. With this in mind, the plan includes goals to retrofit suburban development form and creative and adaptive reuse of existing structures. Relocating the main entrance of the building to face toward the public sidewalk, brings the building closer to the sort of pedestrian -oriented development that exists along the west side of Gilbert Street and on other properties in and around the Downtown. DISPOSITION: By a vote of 4-0 (Goeb absent) the Board approves EXC18-00002, an application for a reduction in the principal building setbacks from 10 feet to 1'10" for the front (west), and from 5 feet to 3 feet for the side (north) for property located in the Community Commercial (CC -2) zone at 408 Gilbert Street subject to substantial compliance with the site plan submitted and the additional condition: • Parking areas shall be screened from Gilbert Street to the required S2 standard, with a low 2'/r to 3- foot masonry wall with additional landscaping. Final plan to be approved by planning staff. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant 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 Section 14-8C-1 E, City of Iowa City, Iowa. r T. tene Chrischilles, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: 3 City Attorney's Office 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 141" day of February, 2018, as the same appears of record in my Office. Dated at Iowa City, this /5*�' day of 0 W J N LJ') Q T, Cc s m N 20� 64- KeIIi6 K. Fruehling, Cdy:Clerk C RP KAIESR§ 7 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240: 319/356-5230 rV E2 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 9, 2018 EMMA J. HARVAT HALL MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek. Sarah Walz O ra n �- - r �C W �r a M m Connie Goeb, Bryce Ir, an H® 0 OTHERS PRESENT: Brian Boelk, Mattieu Biger, Jacqueline Biger, Thomas Agran, Ryan O'Leary, Mark Seabold SPECIAL EXCEPTION ITEMS: 1. EXC18-00003: A public hearing regarding a special exception application submitted by Kum & Go, LC to allow a Quick Vehicle Service use within the Towncrest Redevelopment Area at 2303 Muscatine Avenue. The Board concludes that all vehicular use 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 finding: The submitted site plan shcvs S2 (low shrub) screening along the perimeter of the paved parking and fueling area on Muscatine Avenue and Wade Street frontages. Along First Avenue, the parking and fueling areas are screened by the convenience store building. S2 screening is provided along the entire side (south) property line shared with Iowa City Hospice (1025 Wade Street). The Board concludes that sufficient vehicle stacking spaces will be provided to prevent congestion and vehicle conflicts along abutting streets based on the submitted site plan showing approximately 100 feet of stacking space along each of the drives. The Board finds that the fuel canopy is set back 24.5 feet from the north property line, along Muscatine Avenue; 24.5 feet from the south property line shared with Iowa City Hospice, which is in the CO -1 zone; more than 50 feet from the east property line along Wade Street; and more than 100 feet from the nearest residential zone. The Board concludes that all lighting will comply with the City's "Outdoor Lighting Standards"— a permit may not be issued unless the lighting standards are met. The Board finds that the subject property is not directly adjacent to any residential zones and that no Garwash is proposed as part of the development. The Board concludes that the proposed development complies with the central business site development standards with regard to landscape screening, building placement, and vehicular access based on the following findings: • A 5 -foot setback is provided with S2 landscape screening atop a retaining wall is provided along the south property line where the property abuts the CO -1 zone (Iowa City Hospice property). The CO-1/hospice site is set at a taller elevation. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027058510008 Type: GEN Kind: DECISION Recorded: 06/14/2018 at 11:33:02 AM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter county Recorder SK5797 PG377-384 P c .:gn Z • Curb cuts are consolidated along all three streets: wm Along Muscatine Avenue two large curb cuts are reduced to one. Z Q o Existing curb cuts are set 33 feet from First Ave. and 77 feet from'W 3(4 o Anew curb cut is located 96 feet from First Ave. and 107 feet frornmade �y • Along Wade Street, the new gas station curb cut will be set back more than 100 feet from the intersection. An existing curb cut located within 50 feet of the intersection will be closed. An existing curb cut located more than 100 feet from the intersection will be widened from approximately 15.5 feet to 27.81 feet. • Along First Avenue, curb cuts to the other lots (now associated with Iowa City Hospice) are eliminated and one curb cut to the gas station is located 126 feet from the intersection. The existing curb cut is located 60 feet from the intersection. • As noted above, the submitted site plan shows perimeter screening is provided around all paved areas of the site and a 20 -foot landscaped setback along the Wade Street frontage. The Board concludes that some parking spaces do not meet the CB -5 restriction on parking within the first thirty feet (30') of lot depth as measured from the front building line: 3 spaces located along the Wade Street frontage, the 2 spaces on the east side of the convenience store building and at least one space on the south side of the convenience store building. However, the Board concludes that given the nature of the property, which fronts onto three streets, the proposed quick vehicle servicing use cannot reasonably comply with this standard in all areas of the site. The Board concludes that, except for the three parking spaces along the Wade Street frontage, the proposed spaces do not unduly compromise the intent of the standard and are clearly subordinate to the principal use of the property based on the following findings: • In the CB -5 zone, buildings are typically constructed at the property line, with no setback unless space is needed for building articulation, recessed entrances, or pedestrian areas for outdoor seating. The proposed building is set back 10 feet from the property line on Muscatine and First Avenues in order to provide space for landscaping along the public sidewalk. • As a condition of the recent rezoning instituted by the applicant, the applicant dedicated additional right-of-way to expand the pedestrian area and buffer it from vehicular traffic along First Avenue. • The redevelopment of the site, with its consolidated curb cuts and perimeter screening creates a more pedestrian -oriented streetscape within the CC -2 zone by minimizing conflicts between cars and pedestrians and ensuring that parking and vehicle use areas are set back and screened so as to reduce visual impact on the streetscape. • The minimum vehicle parking requirement for the use is 12 parking spaces; 22 spaces are provided. The majority of parking spaces (all of its required spaces) are close to the building and the south retaining wall in order to minimize views from adjacent streets. • The proposed development clusters parking close to the building, which is safer and more convenient for customer movement from car to storefront and in keeping with the goal of making parking subordinate by emphasizing the convenience store as the principal use on the site. • The single row of parking on the south and east sides of the building are set back and screened from view of the sidewalk and street. o On the south side of the building, parking is set back 30 feet from the property line and screened by a 15 -foot deep landscaped area. o On the east side of the building, parking is set back more than 10 feet from the property line and screened with a similar landscaping area. • The amount of parking provided on the site is not excessive given the busy commercial corridor. • Approximately 20 feet of landscaping, including S2 screening is provided along the Wade Street frontage in order to act as a screen wall, reducing views of the large area of pavement. The overall site design provides pedestrian access directly from the sidewalk on both Muscatine and First Avenues and enhances pedestrian areas along the street with landscaping to meet the goals of the Towncrest Plan. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare based on the following findings: • The proposed development reduces driveway curb cuts along all three streets and places them further from the intersections. • The proposed site plan shows safety improvements to pedestrian areas, including colored pavers at corner intersections and for the Wade Street crosswalk as well as ADA compliant ramps at all intersections. • Pedestrian access is provided directly from the public sidewalk to the building entrances of the convenience store. • Providing parking directly adjacent to the convenience store minimizes conflict between customers walking through the fuel area. • Landscaped areas and setbacks demarcate vehicle areas from pedestrian areas. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and 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 based on the findings provided above with regard to setbacks, screening, improvements to pedestrian facilities, and consolidation and location of curb cuts and the following findings: • Redevelopment of the site will bring the property into closer compliance with all zoning standards as well as the design standards for the Towncrest Design District and the convenience store building is subject to Design Review for the Towncrest building standards. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The site is served by existing streets, which include stormwater drainage and all other facilities needed for this infill redevelopment. N The Board concludes that adequate measures will be taken to provide ingress regress designed so as to minimize traffic congestion on public streets based on thevadu on ad placement of curb cuts and the following findings: z _ r— 'gym n• rn ox= S> CO Q 0 The City Engineer has reviewed the curb cut locations and widths and determined they are safe for ingress and egress and appropriate for circulating large trucks through the site. • Maintaining one curb cut per street frontage provides alternatives for accessing the site and for traffic to disperse so as to minimize conflicts and congestion on the street. The Board concludes that 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 based on the following findings: • All other aspects of the zoning code not reviewed above are part of the site plan review and building permit process. • The convenience store building is subject to Design Review and must meet the Towncrest Design standards. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, including the Towncrest Redevelopment Plan, based on the following findings: • Significant landscaping and streetscape improvements as noted above. • Placement of the convenience store building close to the sidewalk with direct access between sidewalks and building entrances. • The building design, materials, and all signage are subject to design review. However, the Board concludes that, given the large area of paving on the site, the proposal does not sufficiently address the sustainability goals of the Towncrest Plan, which calls for the use of indigenous and low -maintenance landscape materials as elements of green infrastructure to improve stormwater quality. The Board concludes that opportunities to address this goal include: • At the northeast corner of the paved area a storm drain is located that may provide opportunity for the development to provide some type of infiltration area. The landscaped setback along Wade Street is wide enough that this area could provide some opportunity for improving stormwater quality by cleansing water of sediments and other contaminants commonly found in the first flush of urban stormwater run-off. DISPOSITION: By a vote of 5-0 the Board approved a special exception allowing a Quick Vehicle Service Use in the Towncrest Design District, subject to the following conditions: • Substantial compliance with the site plan submitted, with the removal of three parking spaces along the Wade Street frontage. • Final approval of landscaping by the City Forester. • In consultation with the City Engineer, the applicant shall landscape the setback area along the Wade Street frontage to improve stormwater quality—mechanical filtration may be utilized as part of the plan. o • Design Review approval of the convenience store building. m • Lighting plan must meet code standards. D� z 2. EXC18-00004: A public hearing regarding an application submitted by Ma�L Biger artdn Jacqueline Biger for a special exception to reduce the rear principal buil _i wlseVck c� ;X Co y o property located in the Neighborhood Stabilization Residential (RNS-12) zone at 519 North Johnson Street. The Board concludes that the situation is peculiar to the property based on the following findings: • The lot is 4,000 square feet; the minimum lot area for detached single-family homes in the RNS-12 zone is 5,000 feet. • The property has a shallow lot depth of just 80 feet. The Board concludes there is practical difficulty complying with the setback requirements based on the following finding: • As a corner lot, the property must provide two front setbacks—one along each street frontage. This reduces the buildable portion of the lot, pushing the buildable area further toward the interior of the substandard lot. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the following findings: • The Northside Neighborhood was established long before current zoning standards and is characterized by small lots with non-standard setbacks, especially on the short side of the block. • Because this is a corner lot, the rear setback functions similar to a side setback in terms of its relationship to the adjacent property to the west (523 Church Street). The minimum side setback in the RNS-12 zone is 5 feet. • The property to the west has a detached garage in the area adjacent to where the proposed addition would be constructed. The subject property as well as the property to the north (525 Johnson) also have garages along the rear portion of the yard. • The rear addition would be set back 13 feet from the rear property line, which is more than sufficient for fire -fighting and fire access. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • The rear addition will be subject to historic preservation guidelines and will require approval from the Historic Preservation Commission (HPC) before a building permit may be issued for the addition. • The addition meets the side setback standard from the north property line as well as the 15 -foot front setback from the south property line, which faces onto the street. The Board finds that the proposed addition would be located 13 feet from the rear (west) property line and no less than 15 feet from the side south property line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and 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 based on the findings above with regard to the property's relationship to adjacent properties and the following finding: • The surrounding neighborhood is characterized by small lots with densely built housing, particularly on comer lots—it is not unusual for homes in this neighborhood to have front and rear setbacks that do not meet current standards. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following finding: • The subject property and neighborhood is fully developed with all necessary utilities, access roads, drainage, and other facilities in place. The Board concludes that setback reduction has no impact on ingress and egress from the property. The Board concludes that, 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 based on the following findings: • In order to build the proposed addition, the applicant must secure a minor modification to reduce the required rear open space requirement. The zoning code makes a minor modification available to corner lots, lots that are substandard in size, and lots that have usable open space available in other portions of the property. The property meets all three criteria. • Because the property is with a historic conservation overlay district and contains a contributing structure, the applicant must secure a Certificate of Appropriateness from the Historic Preservation Commission before a building permit may be issued. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended as the plan encourages re -investment in properties in Iowa City's established neighborhoods. DISPOSITION: By a vote of 5-0, the Board approves EXC18-00004, a special exception to reduce the rear setback requirement for the principal structure from 20 feet to 13 feet, subject to the following conditions: • The setback reduction applies to the proposed home addition only; • Substantial compliance with the submitted site plan; • The applicant must secure a Certificate of Appropriateness for the addition from the Historic Preservation Commission. • The applicant must secure a minor modification for a reduction in the rear open space requirement. 3. EXC18-00005: A public hearing regarding an application submitted by Ranshaw Limited Partnership for a special exception to allow a vertical expansion of the existing building within the rear principal building setback for property located in the Community Commercial (CC -2) zone at 424 Highway 1 W. The Board concludes that the situation is peculiar to the property based on the following findings: • The subject property includes an existing building with a non -conforming rear setback adjacent to a residential zone. N • The existing building has a low ceiling height, which makes it less agractive!Mr future retail uses. h C_ _T1 • The applicant would like to re -use the existing building for a commerc�ause. z The Board concludes that there is practical difficulty complying with the setbeelrregWeme is based on the following findings: <rri a M o-0 z Q o • The existing building is non -conforming in terms of its rear setback. • Due to the structural configuration of the building, it is not practically feasible to raise the ceiling height on only that portion of the building that is outside the required setback. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the following findings: • The existing 15 -foot rear setback will not change. The existing setback provides for sufficient light, air, fire access, and privacy between adjacent buildings. • Increasing the height will not be contrary to the purpose of the setback regulations. • Because the increased height is not for second floor uses, the height change will not impact the privacy of rear yards on the residential property. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following finding: • In order to preserve the privacy and safety of the rear yards of the adjacent residential properties from potential changes within the rear building setback (e.g., additional rear exit doors, paving, or storage) the applicant shall provide a 6 -foot high solid fence (S5 screen) along the entire length of the rear line. The Board finds that the subject building has a setback of 15-16 feet from the rear property line; the building footprint will not change with this special exception, nor will the building setback be further reduced. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; 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; and 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 based on the following findings: • The proposed exception will not change the use or footprint of the existing building. • The current 15 -foot setback provides adequate light, air, privacy, and fire access. • To address any changes within the rear building set back, such as additional rear exit doors, paving, or storage, the applicant shall provide a 6 -foot high solid fence S5 screen along the entire length of the rear property. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities are already being provided to the site. The Board concludes that the rear setback has no impact on ingress or egress from public streets. The Board concludes that, 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 based on the following finding: • The maximum building height in the CC -2 zone is 35 feet. The existing building is,14 feet tall. The proposed height increase of up to 24 feet will comply with the maxiRum height in both the residential and commercial zone. _ CZ The Board concludes that the proposed use will be consistent with the Com fthens a Plap�/ as amended, based on the following finding: �� w �`► o rn 0 o The South Central District Plan indicates that this area is appropriate for general commercial uses. DISPOSITION: By a vote of 5-0, the Board approves EXC18-00005, a special exception to allow for height increase of up to 24 feet for the existing building located at 424 Highway 1 W, subject to the following condition: • To address any changes within the rear building set back, such as additional rear exit doors, paving, or storage, the applicant shall install a 6 -foot high solid fence (S5 screen) along the entire length of the rear property line. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant 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 Section 14-8C-1 E, City of Iowa City, Iowa. s Approved by: T. Gene Chrischilles, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie 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 9th day of May, 2018, as the same appears of record in my Office. Dated at Iowa City, this 3 day of J Lc r1 L 20 Kellie Fruehling, City rk J C%) 0 rep- DOCID: 027140900006 Type: GEN Kind: DECISION Recorded: 08/27/2018 at 01:03:27 PM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Fee Amt: $32.00 Pape 1 of 6 Johnson Countv Iowa Kim Painter County Recorder DECISIOOWACITTNBOARD OFADJUSTMENT 13K 5831 PG140-145 WEDNESDAY, AUGUST 8, 2018 EMMA J. HARVAT HALL MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Ryan Hall MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Badrik Kuku, Kirsten Frey, Brian Skay, Dawn Skay SPECIAL EXCEPTION ITEMS: 1. EXC18-00006: A public hearing regarding an application submitted by the Sudanese Community Center to locate a General Community Service use in the Intensive Commercial (CI -1) zone at 536 Southgate Avenue. The Board concludes that the proposed use, as described in the application, 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 based on the following findings: • The applicant's statement indicates that the principal use of the property will be for classes and community outreach to assist new immigrants and refugees with settlement in the area. • Large events and general assembly are not proposed as part of the use. • The property meets the minimum parking requirement of 7 spaces for the community service use based on the square footage of the building: 1 space per 300 square feet of building area. Two additional spaces could be stacked along the drive east of the building. Parking is sufficient for proposed small group uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed use of the property will be largely indoors. Meetings and classes that generally take place in the evenings or on weekends when adjacent commercial uses are not active. • The outdoor area to the rear of the building is fenced on two sides, providing separation and security from outdoor storage areas on the adjacent sites. • With fencing around the perimeter of this area (north, east, and west sides), otherwise incompatible uses will be separated. The fence will discourage trespass on to adjacent CI -1 properties where outdoor storage of materials and vehicles are a common se. • Large group events will not take place on the property. -- m 0 C ,1 m a M c .. iP 0 The Board concludes that the proposed use 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 based on the following findings: • Because the outdoor area is surrounded by repair and contractor uses which may be incompatible with outdoor activities in terms of safety, especially activities that involve children, a 6400t high fence to enclose the back yard (east, west, and north sides) must be installed. The Board concludes that the proposed use 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 based on the following findings: • The proposed use of the property will be largely indoors. Meetings and classes that generally take place in the evenings or on weekends when adjacent commercial uses are not active. • The outdoor area to the rear of the building is fenced on two sides, providing separation and security from outdoor storage areas on the adjacent sites. • With 6 -foot high fencing around the perimeter of this area (north, east, and west sides), otherwise incompatible uses will be separated. The fence will discourage trespass on to adjacent CI -1 properties where outdoor storage of materials and vehicles are a common use. • Large group events will not take place on the property. The Board concludes that all necessary utilities and other facilities (streets, sidewalks, storm drainage) are already in place for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • Southgate Avenue and Boyrum Street have pavement widths of 36 feet. • Given the limited size of the parking area and use of the property, which is typically on evenings and weekends, the amount of traffic to the site will not create congestion on the public streets. The Board concludes that, 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, based on the following findings: • Bicycle parking is currently lacking on the property and must be provided. Based on the parking requirements in Section 14-5A-2 of the zoning code, four bicycle parking spaces must be provided. o • The parking area is non-compliant with regard to setbacks and scre$ning.d4owever, the parking area is too small to meet the standard and provide the rrri@MuR parklFU requirement based on the square footage of the building. ;I 17) = The Board concludes that the proposed use will be consistent with the Comprsivg,Planl-" amended based on the following findings: • The Comprehensive Plan supports the provision of community servides inra eas with appropriate pedestrian and bus access. Bus service is provided along Souttqate Ave. by the Broadway, Lakeside, and Cross Park routes. The Broadway and Lakeside routes both provide evening and weekend service. Sidewalks are in place throughout the neighborhood, connecting the property to nearby residential neighborhoods and bus stops. DISPOSITION: By a vote of 3-1 the Board approves 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 (defined as more than 40 persons) may be held on the property. • 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. 2. EXC00-00007: A public hearing regarding an application submitted by Public Space 1 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. The Board concludes that the increased floor area will be supportable primarily by residents of the surrounding area based on the following findings: • The application is for an increase of 500 square feet over the maximum floor area permitted. The relatively small increase of floor area is not anticipated to generate significant additional traffic. • The location of the property is close to campus and the Downtown, and within a dense residential area with a large student population. The Board concludes that the proposed exception will be consistent with the stated intent of the MU zone based on the following findings: • The proposed use will be of a relatively low intensity compared to traditional retail uses. The applicant states that the ground floor will be open only for about 12 hours per week for meetings and access to the common areas and CAS. • Although the applicant intends to host occasional early evening events each month, this use is not expected to generate a substantial amount of coming and going during traditional 9:00 -5:00 business hours. • The area in which the use is to be located provides a transition between the commercial and high-density residential character of the nearby Downtown and Northside Marketplace and the lower scale residential neighborhoods to the east. • The very limited nature of the particular use proposed in terms of "customer' traffic and hours of operation help to ensure that the activities do not detract from nearby residential uses or from the more traditional retail located on nearby properties. • By preserving the historic single-family house, the use maintains a residential character and reflects the established transition between commercial development and residential areas. The Board concludes that the specific use has unique characteristics such that the number of parking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or culturaWOributes based on the following findings: ,> M n N LJ M GM a M _ b� 3 lD � O • The proposed use is unique in that it will not operate like a traditional retail storefront where customers are coming and going throughout the day. Its regularly scheduled hours of operation amount to roughly 12 per week according to the application. • The principal use of the property will be as studio space. Artist studios are likely to be used on an irregular basis rather than on a traditional 9:00-5:00 business schedule and are unlikely to be occupied during the same hours on routine basis. • A statement from the representative for the applicant and property owner indicated that the house is not eligible for a rental permit and that factors such as its location along a busy alley and limited yard space substantially reduce the market as an owner - occupied property. Therefore the use proposed use is a viable alternative for preserving the historic structure. • The application indicates that the site will be used occasionally for special events (gallery presentations, readings, fundraisers), anticipated to draw a few dozen guests at a time. These infrequent events are expected to be the largest gatherings at the space and the most likely to draw visitors from outside a walkable distance. • On -street parking, including metered parking is available, and the property is located 2 and one-half blocks from a public parking garage. • The property is in a particularly walkable area of the city: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed use as studio space, art gallery, reading and archive room, and office are not uses that carry with them a high potential for danger, health concerns, or public nuisance. The proposed artist studios will involve low -impact media, meaning no kilns, heavy presses, torches, or toxic processes that require special ventilation. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of the property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; 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 based on the following findings: • The proposed use will function on a somewhat irregular basis with artist studios being the principal use. Group events and classes will be occasional uses and not of an intensity or scale to generate significant traffic. • The property is in a particularly walkable area of the ciiy: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. • As the proposed exception is a relatively small expansion of the allowed square footage and will not change the existing single-family residential structure, it should not impeded the orderly development and improvement of the surrounding properties for uses allowed in the MU zone. • Given the nature of the specific use as described above, and the limited traffic it is anticipated to generate, the reduction in parking should not impact adjacent Mperties or uses. • The property is located in a fairly dense, pedestrian -oriented mixed-usjei91S_orhooidJ with close proximity to the Downtown and university campus. =i n Co �r rn M _ a D: Q.a The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The occasional special events planned for the space are to be held on evenings and weekends during non -peak traffic hours, further mitigating potential congestion concerns. The Board concludes that, 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 based on the following findings: • The applicant will be required to install a bike rack on the property to satisfy the bicycle parking. • The applicant is required to provide parking space that meet the dimensional requirements stipulated in Section 14 -5A -5C of the zoning code. The Board concludes that the proposed use will be consistent with the Comprehensive Plan based on the following finding: • The Arts & Culture section of the Comprehensive Plan includes a strategy to "support Arts and Culture programs that reflect and serve Iowa City's changing demographics," to "support non -profits involved in arts programming" and "to promote arts and cultural programs and projects that educate, entertain, and inspire the public and that preserve cultural heritage and enhance economic development." DISPOSITION: By a vote of 4-0 the Board approves 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. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shAY expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shalC$ave taken action within such time period to establish the use or construct the improvevi"t autaorize" under the terms of the Board's decision. City Code Section 14 -8C -1E, City of Iowa.COE4 loS. 1 (( �r rn M a 5;;o 3 } O � r- 1, Approved b T. Gene Chrischilles, Chairperson City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie 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'^ day of August, 2018, as the same appears of record in my Office. Dated at Iowa City, this 2 day of JL 20 / J Kel a FruahIing, C Clerk U" CO 0 1[ [A N O � GO �7) �' M fTl 0