HomeMy WebLinkAbout2017 Board of Adjustment DecisionsPrepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Doc ID: 026615790006 Type: GEN
Kind: DECISION
Recorded: 01/12/2017 at 09:58:50 AM
DECISION Fee Amt: $32.00 Pape 1 of 6
IOWA CITY BOARD OF ADJUSTMENT Johnson county Iona
Kim Painter County Recorder
WEDNESDAY, November 9, 2016 BK5609 PG431-436
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Larry Baker, Tim
Weitzel
MEMBERS ABSENT: None.
STAFF PRESENT: Sue Dulek, Sarah Walz, Chris O'Brien
OTHERS PRESENT: Kevin Monson, Alicia Trimble, Nancy Bird
SPECIAL EXCEPTION ITEMS:
1. EXC16-00008: Discussion of an application submitted on behalf of Monark LLC, for a
special exception to allow a 100% reduction in the off-street parking requirement for a
proposed mixed use building to be constructed in the Central Business District (CB -10) zone
at 7 South Linn Street.
The Board finds that the subject property at 7 South Linn Street falls within the Downtown
Parking District and that the property has been vacant since 2011.
The Board concludes that uses, elements, or features of the proposal will further housing,
economic development, or other goals of the Comprehensive Plan, including the Downtown
and Riverfront Crossings Master Plan, based on the following findings:
• The proposed building provides commercial space on the first floor.
• The applicant's intent is that the housing units will meet the guidelines for the State of
Iowa Workforce Housing Tax Credit program and that the building will be designed to
LEED standards.
• The building will provide a unique type of housing (efficiency and one -bedroom
apartments) that may appeal to the non -student rental market.
The Board concludes that it Is not feasible to provide at least 50% of the required parking on
site due to specific qualifying site constraints based on the following findings:
• The subject lot width is only 41 feet wide.
• The subject lot is located midblock and does not have sufficient alley1ccess to
accommodate vehicles.
The Board concludes that the proposed project will be designed in a manrier#Fiat is=sensitivO
and complementary to the adjacent property designated as an Iowa City landmark.based on
the following findings: -?
• The proposed new structure is set back from the south (side) property line ( ,provide
separation from the historic structure. ,1
• The contemporary design of the new building serves to differentiate the new
development from the historic property.
• A lower scale building and Design Review Committee approval will ensure that the
proposed building creates a harmonious transition between the modern building
proposed and the abutting historic structure and will reflect the horizontal alignment in
the comer building, horizontal architectural elements—similar to those used on the Vogel
House Building.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort, or general welfare; and ingress or egress from
the site will not create congestion in the public right -of way based on the following findings:
• There is no vehicular access to the property
The Director of Transportation and Resource Management has indicated that loading
zones may be provided on a temporary basis during peak moving times by covering
parking meters adjacent to the property.
• The applicant's intent to provide secure access to the rear of the building by installing a
gate or other appropriate means may be ensured through the Design Review process.
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 following findings:
• The proposed reduction in parking will not impact property
in the immediate vicinity and because the building is in general conformance with the
requirements of the CB -10 zone and Payment of fees in lieu of will contribute to the
construction of future Parking facilities.
• Granting the exception will allow a property that is currently vacant to redevelop, which
will be beneficial to the downtown area.
• The proposed development does not preclude abutting properties from being
redeveloped at a similar scale to the subject property.
• The Director of Transportation and Resource Management has indicated that there will
be adequate space in the Downtown parking facilities to absorb the demand.
The Board concludes that adequate utilities, access roads, drainage and necessary facilities
have been or are being provided, based on the following finding:
• The Director of Parking and Resource Management has indicated that, while demand for
permits is high and the adjacent Tower Place facility is near capacity, parking is
available and additional capacity will open up with a new parking facility currently under
construction on Harrison Street. This will allow for shifting parking demand and permits
to other parking structures.
The Board concludes that, except for the specific regulations and standards applicable to
the exception being considered, the specific proposed exception, in all otherrespecfs,
conforms to the applicable regulations or standards of the zone in which it is to 4e located
based on the following findings:
41
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• The submitted elevations and site plan show general conformance with the basic
required first -floor elements—front setback, storefront windows, entry at grade, etc.
• Balconies that extend from the east face of the building over the City right-of-way will
require the purchase of air rights from the City.
• A more detailed plan submitted as part of the building permit process and Design
Review will ensure compliance with other aspects not reviewed as part of the special
exception.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan,
as amended based on the following findings:
The Downtown and Riverfront Crossings Master Plan contains goals and objectives for
preservation and redevelopment in the Downtown. Two of the Master Plan objectives most
relevant to this case include protecting the character of downtown, key historic buildings,
and promoting quality infill and redevelopment. To this end, the Strategic Infill Section of the
Master Plan provides the following guidelines:
• New development should be located on sites that do not contain historic buildings.
• Active uses, such as ground floor retail (and not blank walls), should front on to the street frontages
and the City Plaza [Ped Mall].
• Upper floors should contain office, commercial, and residential uses.
• Buildings should be built to the property line.
• Comer locations should be reserved for taller buildings, creating a block structure with taller buildings
on the comers and lower scale historic buildings between them.
• The taller buildings on the comer should have a lower base consistent with adjacent historic buildings
to make them 'feel' contextual' with the rest of the Downtown, while also limiting the perceived height
of the towers.
Parking should be located both on -street and behind storefronts in parking structures.
While the proposed 14 -story building in this application meets many of the goals and
objectives, the Board concludes that a lower scale building (the second option proposed by
the applicant) seems more compatible and harmonious with the location, in the heart of the
Downtown, and with the historic property on the abutting property to the south.
DISPOSITION: By a vote of 5-0 the Board approved a parking waiver for up to 18 spaces to
allow a lower scale building with up to 36 dwelling units, one bedroom or efficiency units,
subject to Design Review Committee approval to ensure that the new building is designed in
a manner that is complementary and harmonious with the abutting historic landmark building
including horizontal architectural elements, that align with elements on the adjacent historic
building. o
2. EXC16-00010 – Public hearing regarding an application submitted on.beh`sif of M&W
Properties, for a special exception to allow conversion of a non -conforming use"[Pcated iri a
structure designed for a use that is prohibited in the zone to another non-conformtng use for
property located in the High Density Multi -Family (RM -44) zone at 518 Bowery Street.
The Board concludes that the proposed use will be located in a structure that was.designed
for a use that is currently not allowed in the zone; the proposed use is of the same --or lesser
intensity and impact than the existing use; and the proposed use is suitable for the subject
structure and site based on the following findings:
• The subject building was originally constructed as a grocery store and continued to serve
commercial uses until the early 1980s and was recently granted a special exception
(2011) (special exception number EXC12-00010, recorded October 24, 2012 in Book
4997, Pages 304-309) to operate as retail sales use.
• The property is not designed for a use that is currently allowed in the RM -44 zone.
• The first floor interior of the building is still arranged with the open floor plan—it is one
large room with a half bathroom at the back. The large, front windows are the only
windows on the first floor other than a small window on the west side of the building. The
building is set at the front property line, as is typical of older commercial buildings, and
just inches off the east property line (public alley).
• Due to the extremely limited size of the property and structure, the property is not
adaptable as a multi -family residential use.
• Re -use of the property is severely limited by the size of the lot. The lot provides minimal
opportunity for parking—only two parking spaces. On -street parking along this portion of
Bowery Street is prohibited during daytime business hours. Moreover the high demand
for on–street parking in the surrounding neighborhood makes on -street parking practically
unavailable. Given the very significant constraints on the property, any difference in
intensity among the proposed list of uses will be very limited.
• The surrounding High Density Multi -Family Residential (RM -44) zone represents the
highest intensity residential use allowed outside the Downtown and PRM zone.
• Due to the constraints of the site, the commercial uses proposed by the applicant must
rely on pedestrian traffic from the surrounding neighborhood or that require minimal
customer/client visits.
• Conditions adopted with the special exception are intended to effectively control the
intensity of the use and limit externalities that might negatively affect the surrounding
residential uses. The conditions tied to approval apply to all future owners/users of the
property and may not be altered or removed without another special exception.
• The site can provide 2 off-street parking spaces, which satisfies the minimum
requirement for the proposed uses.
The Board concludes that the structure will not be structurally enlarged in such a way as to
enlarge the non -conforming use based on the following finding:
• The building may not be enlarged without approval of the Historic Preservation
Commission.
• The size of the building and its non -conforming setbacks and limited space for parking
practically eliminate any enlargement of the structure and impose considerable;
constraints upon its use.
Based on the following findings 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 vicipity; will.
not substantially diminish or impair property values in the neighborhood; establishment of
the specific proposed exception will not impede the normal and orderly development'and
improvement of the surrounding property for uses permitted in the zone in which such
property is located: 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 conditions tied to approval apply to all future owners/users of the property and may
not be altered or removed without another special exception.
• The limited size of the lot and structure along with the restrictions placed on it due to its
Landmark status, effectively limit the intensity of any use on the property.
• The two off-street parking spaces can be provided with access from the public alley.
• On -street parking is prohibited along Bowery Street until after 5:00 PM.
• Given the constraints on the property, a business would likely rely on customers coming
on foot or bike from within the surrounding neighborhood or will generate very limited
customer visits.
• The conditions for approval restrict use of the public alley for drive -up service.
The Board concludes that 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
finding provided above and the following finding:
• Due to the non -conforming status of the lot and building, which do not meet minimum
size and setback requirements, the building cannot be further expanded.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following finding:
This neighborhood is fully developed with all roads and drainage—Bowery Street is
adequate to serve a small-scale retail use.
The proposed use will be consistent with the Comprehensive Plan, as amended based on
the following finding:
• The Comprehensive Plan encourages the re -use of existing buildings so long as their use
does not interfere with the function and character of the neighborhood in which they are
located and encourages the preservation of historic buildings.
Disposition: By a vote of 5-0 the Board approves EXC16-00010 a special exception, to allow
general office and commercial retail (sales -oriented and personal -service oriented) uses to be
located in a structure designed for a use that is not allowed in the zone in the High Density
Multi -Family (RM -44) zone at 518 Bowery Street subject to the following conditions:
• The property shall maintain two -off street parking spaces at the rear of the building in
accordance with the off-street parking requirements in the Zoning Code.
• Hours of operation are limited to 6 AM to 10 PM weekdays Sunday -Thursday qnd 6 AM
to midnight on Fridays and Saturdays.
• Outdoor seating and display of products within the public right-of-way are prohibited
unless a temporary use permit is granted.
• Signage should be limited to a fascia or awning sign in compliance with the zoning code
standard for non-residential uses located in residential zones and in compliance with
Iowa City's Historic Preservation Guidelines.
• All outdoor lighting should comply with the zoning code standards for residential zones
and with the Historic Preservation Guidelines.
• The sale of tobacco or alcohol on the property is prohibited.
• Food preparation and sales on the site are limited per the definition in the code, which
allows cottage industry component:
A firm that manufactures and/or assembles goods that are intended for retail sale to the general
public. The goods may also be sold at wholesale to other outlets or firths, but retail sales is a
significant component of the operation. The manufacturing component for such a firm is small in
scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and
character with surrounding land uses.
• The alley may not be used for drive up or drive through or parking.
• No amplified sound is permitted on the exterior of the building.
• The building may not be expanded without a special exception. =
• Any alterations to the exterior of the building must comply with the Historic Preservation
Guidelines.
• Repeal special exception number EXC12-00010, recorded October 24, 2012 in Book
4997, Pages 304-309.
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.
Approved by:
arty baVer, person
City Attorney's Office
STATE OF IOWA )
JOHNSON COUNTY )
v�yy��
I, MaOan-Kerf City Clerk oT 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 November 2016, as the
same appears of record in my Office.
Dated at Iowa City, this �1t1. day of n qr 20—�i
s , Mei4en-4-ft.r ity Clerk
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3565230 �— '11 ED
DECISION
IOWA CITY BOARD OF ADJUSTMENT 2017 JAN 19 PM 3: 1
WEDNESDAY, DECEMBER 14, 2016
EMMA J. HARVAT HALL CITY CL'U, `
r VIA CITY,'
MEMBERS PRESENT: Larry Baker, Connie Goeb, T. Gene Chrischilles, Becky Soglin, Tim
Weitzel
MEMBERS ABSENT: None.
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Adam Brantman, Greg Buehner
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII III�� ���� ����
Doc ID: 026623000004 Type: GEN
Kind: DECISION
Recorded: 01/23/2017 at 02:11:23 PH
Fee Amt: $22.00 Pape 1 of 4
Johnson County Iowa
Kim Painter County Recorder
BK5612 PG426-429
EXC16-00012: A public hearing regarding an application submitted on behalf of Ellis FieF
Avenue, LLC for a special exception to allow the establishment of a fraternity house on
property located in the Neighborhood Stabilization Residential (RNS-20) zone at 332 Ellis
Avenue.
The Board concludes that the site allows for 19 roomers based on the following findings:
• The density standards for RNS-20 zones allow a maximum of 1 roomer per 900 square
feet of lot area. The current lot area is 15,145 square feet. The applicant is seeking a
right-of-way vacation of the alley to the south, which would add an estimated
approximately 2,600 square feet to the property for a total of 17,745 square feet of lot
area. (The minimum lot size to allow the 20 roomers requested is 18,000 feet.)
• The applicant has indicated 5,952 square feet of living are on floors one -three of the
structure—the occupancy standards in the zoning code require a minimum 300 square
feet of living area per roomer.
The Board concludes that the proposed use will have bath and toilet facilities in such
numbers as specified in Title 17 of the City Code, which requires 1 shower for every 8
roomers, based on the following finding:
The applicant has provided floor plans showing all required facilities and
common areas for a fraternal living use, including 9 bedrooms and 3 shared
showers on floors two and three. A resident manager's bedroom and private bath
are located on the first floor along with one additional bedroom and 3 shared
showers.
The Board concludes that the number of bedrooms should not exceed the number of
roomers allowed by the density regulations in the code, therefore the applicant should
remove one bedroom from the first floor level of the house and shared shower facilities
should be limited to floors 2 and 3 so as to discourage over -occupancy of the building.
The Board concludes that the proposed use will be designed to be compatible with adjacent
uses based on the following findings:
• The applicant has submitted a plan for improvement of the building, including sprinkler
system, new HVAC, and waterproofing of the lower level.
• As part of the renovation plan, the applicant would provide 15 parkinsiliLAQaces
located off of Ridgeland Avenue and 6 spaces located off the east -west alley right-of-
way. 2017 J".'1 19 PIM 3: 17
• The proposed site plan shows improvements that bring the property, slgser to
conformance with current parking area standards:
o Both parking areas are served by a sidewalk that provides access to building
entrances.
o The submitted site plan shows the parking area on the south side of the property will
be paved and set back from the front plane of the building. Landscape screening will
be installed at the west and east ends of this parking area. There is adequate space
to provide the required 10 -foot setback from the right-of-way line on Ridgeland.
o There is adequate space to provide the required 10 -foot setback between the
building and the east parking area. Pavement must be removed in this area and
replaced with landscaping (lawn).
o A condition for the right-of-way vacation will require paving of the east -west alley.
The applicant has submitted a management plan that shows various levels of
supervision and maintenance for the site and the fraternal use, including a live-in
manager. A resident manager—one who is not an undergraduate student—should be a
condition of the special exception in order to ensure the house operates in a manner that
does not detract from surrounding uses.
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 based on the following findings:
• Re -opening the front (main) entrance to the building will bring the structure into
conformance with the multi -family standards and provide an ADA accessible entrance to
the main floor.
• The addition of a sprinkler system and proposed changes to address moisture issues in
the basement level will help to ensure a more safe and healthy living situation for the
residents of the fraternity.
• Modifications proposed for the parking area to bring it closer to conformance with the
code standard should improve safety for vehicles and pedestrians.
• Providing a resident manager, who is not an undergraduate, will allow the use to function
in a manner that does not negatively impact the surrounding neighborhood.
• Adding a condition intended to control for disturbances that are sometimes associated
with large group living situations, such as fraternities, will help to ensure that the use
does not impinge upon the use and enjoyment of residents of the surrounding
properties.
The Board concludes the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located, based on the following findings:
• The surrounding neighborhood is fully developed. The Neighborhood Stabilization (ANS -20)
zone acknowledges a mix of residential uses. The surrounding RNS-20 properties are
currently multi -family or fraternity uses. 2017 AN 19 ' 3: 17
• The property is located close to campus and is surrounded by otherrfr��rriities and multi-
family housing.
• Improvements to the site and structure will bring it closer to conformance with the zoning
code standards.
The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided and 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:
• All necessary utilities and drainage are in place for the property.
• Modifications to the parking area as proposed and recommended by staff will improve
and better control safe vehicle access to the property.
• The property has vehicle access from both Ellis and Ridgeland Avenues in addition to
shared access drive on the north side of the property.
• The applicant is required to pave the parking areas and provide setbacks and screening
as noted above for the parking area along the south side of the alley. This will better
define the area for ingress and egress.
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 code requires that no parking area be designed in such a matter that exiting a
parking area would require backing into a street. The property was established with two
street frontages (Ellis and Ridgeland) with a deep (approx. 50 feet) setback from the Ellis
Avenue right-of-way line. This makes full compliance with the parking area standards
impractical. Other properties located along the alley and on Ridgeland have similar
parking arrangements.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended based on the following findings:
• The Comprehensive Plan encourages the adaptive re -use and preservation of structures
so long as the use is compatible with the surrounding neighborhood.
• The Manville Heights historic survey identifies this and other fraternity houses in the
neighborhood as contributing structures worthy of preservation.
• While the property at 332 Ellis Avenue is not designated as a historic property, a
requirement that any changes to the exterior should meet historic preservation
guidelines will help to preserve the character of the neighborhood.
DISPOSITION: By a vote of 5-0 the Board voted to approve EXC16-00012, allowing a Fraternal
Group Living Use to be established at 332 Ellis Avenue in the RNS-20 zone subject to the
following conditions:
.r-
1. The occupancy of the converted use is limited to the maximum number of rooms based
on the requirement of the zone (currently 19 roomers based on a lot area of 17,745
square feet). The maximum number of bedrooms allow I' Ji�
i to this sarpq number.
i'
2. All changes to the exterior of the structure must meet Historic Preservation guidelines.
3. Substantial compliance with the floor plans submitted. The number of bedrooms cannot
exceed the maximum occupancy to discourage over -occupancy, and a reduction in the
number of bedrooms in the submitted floor plans must be approved by the Building
Official.
4. Installation of sprinkler system and waterproofing and tiling of the basement level to
ensure a safe living environment for residents.
5. Substantial compliance with the site plan submitted with modifications to the parking
areas as indicated by staff. All drives and parking spaces to be paved.
6. In order to establish the conversion, the applicant must apply for a rental permit.
7. Three convictions and/or findings or pleas of guilt and/or civil judgments for a disorderly
house for incidents occurring within an 18 -month period will result in the denial of a rental
permit.
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.
Approved by:
Larry Baker, Ch rperson
J
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY )
Jv�`tpoQnr.kIIbcpv� Y
I, MeriaM4erf, 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 14"' day of December, 2016, as the
same appears of record in my Office.
Dated at Iowa City, this \Q�\
COR M 91
day of 20 (7
Fee.
IIII IIII I I I III III VIII VIII VIII VIII I IIII VIII I IIII VIII VIII VIII VIII IIII IIII
Doc I0: 026703090003 Type: GEN
Kind: DECISION
Recorded: 05/05/2017 at 11:02:13 AM
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
Fee Johnson .Count00l owa PPao 1 of 3
Kim Painter County Recorder
DECISION
IOWA CITY BOARD OF ADJUSTMENT 6K5644 PG950-952
WEDNESDAY, APRIL 12, 2017
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb
MEMBERS ABSENT: Bryce Parker
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Doug Botorff, Jason Dumont, Dana Christiansen
SPECIAL EXCEPTION ITEMS:
EXC17-00002: Discussion of an application submitted by Regina Catholic Education Center for
a special exception to allow an expansion of a General Educational Use in the Low Density
Single -Family (RS -5) zone at 2150 Rochester Avenue.
The Board finds that the nearest property lines are located 57 feet to the south and 66 feet to
the east of the building footprint and the proposed facility is located behind the main school
building, more than 300 feet from Rochester Avenue. Setbacks from the abutting residentially
zoned property are in excess of the 20 -foot side setback requirement.
The Board concludes that the proposed use will be designed to be compatible with adjacent
uses based on the following findings:
• Surrounding tree coverage will minimize views from nearby roadways and adjacent
residential properties.
• A line of existing trees on a neighboring property will reduce views from the
southeast, where residential structures are set at a similar elevation.
• Additional evergreen trees along the southeast corner of the building and canopy
trees planted along the north side of building will soften views of the large building
and any exterior lighting from neighboring residential properties.
• Limiting exterior lighting on the north side of the building to only downcast lighting for
egress will minimize light escape along the tallest side of the building.
The Board finds that the proposed use is accessory to the school facility and will not
generate additional traffic to the site; therefore no additional parking is required or proposed
as part of this application.
The Board concludes that the proposed use will not have significant adverse effects on the
livability of nearby residential uses due to noise, glare from lights, late night operations,
odors, and litter based on the following findings: the distance of the building from adjacent
properties along with the existing tree line and additional screening recommended by the
Board will help to soften views of a large building and any exterior lighting. All activas will
occur indoors; any noise from its use would be quite limited. - r
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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 facility exceeds the minimum setback requirements from adjacent
residential property and is set back more than 140 feet from the nearest residential
structure.
• The building and the uses housed within it will not increase traffic to the site.
• The use and structure are similar to others located on public high school campuses
throughout the area.
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 and based on the following findings:
• All activities will take place inside the building.
• Additional landscape screening and limits on exterior lighting on the north face of the
building will reduce any potential negative impacts of the use.
The Board concludes that all necessary access roads, drainage and/or necessary facilities
will be provided and adequate measures will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets based on the applicant's plans to
establish a secondary access drive to its site. The secondary drive will help distribute the
traffic demand, reducing vehicle congestion at the First Avenue/Rochester Avenue
intersection. Staff is working with Regina to address drainage issue in other areas of the site:
The Board concludes that the proposed use will be consistent with the Comprehensive Plan,
as amended based on the following findings:
• The Comprehensive Plan encourages educational facilities in residential zones so
long as they are compatible with the surrounding residential neighborhoods.
• The Central District Plan designates the subject property as an institutional use due
to Regina's long history at this location.
• The Regina campus contributes to the livability and walkability of the Central and
Northeast Planning Districts and expands educational options that exist in Iowa City.
• Regina's continued operation within the centrally located neighborhood and its ability
to provide complementary facilities, including athletic facilities, comparable to what is
provided at other area public schools is appropriate.
DISPOSTION: By a vote of 4-0 (Parker absent) the Board approves the special
exception to allow an expansion of a general educational facility to construct a two-story
athletic training facility subject to the following conditions:
N
• Substantial compliance with the site plans and elevations submitted wg the
application. yc�yy
• Design Review approval—�
• Additional landscaping (tall evergreen trees) at the southeast arrier f they'"'
building and (tall canopy trees) at the northeast corner of the !4png to bern
approved by planning staff. `'Tr a
• To reduce light escape toward the adjacent residential property, g gg theO
north side of the building should be limited to the area around the rear mess
door and should be the downcast and shielded so as not to exceed the min4num
code standards.
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 14-6C-1 E, City of Iowa City, Iowa.
,Zzj.—C_ Approved by:
Becky Soglin, Ch ' erson
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Julie Voparil, Deputy 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 12"' day of April, 2017, as
the same appears of record in my Office.
Dated at Iowa City, this 9 day of 201
JuReAl9paril, Deputy Ci Clerk
CORPORATE SERI
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FEE
Doc ID: 026759790004 Type: GEN
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Kind: DECISION
Recorded: 06/27/2017 at 10:54:16 AM
Fee Amt: $22.00 Page 1 of 4
DECISION Johnson county Iowa
IOWA CITY BOARD OF ADJUSTMENT Kim Painter countV Recorder
WEDNESDAY, May 10, 2017 5668 P0820-823
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Tim Weitzel, Bryce
Parker
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sue Dulek
OTHERS PRESENT: Doug Bottorff, Dave McCauley
SPECIAL EXCEPTION ITEM:
EXC17-0003. Public hearing on a request to allow expansion of a General Education Facility
(Regina Catholic Education Center) in the RS -5 zone to construct an addition to the school
building and to expand the parking areas on the north and south side of the school building at
2140 Rochester Avenue.
The Board concludes that the setbacks specified in the base zone are met based on the finding
that the proposed building addition is located at the back (north side) of the existing school
structure and is set back more than 100 feet from the nearest (east) property line.
The Board concludes that the proposed use will be designed to be compatible with adjacent
uses based on the following findings:
• The proposed building addition is located at the back (north side) of the existing school
structure and is set back more than 100 feet from the nearest (east) property line.
• The proposed two-story addition will replace a number of temporary and/or shed like
structures.
• The addition design will be reviewed by staff as part of the building permit process.
• Prior to paving of the south parking area, the applicant must submit a plan to address
stormwater runoff concerns at the north end of the Regina property and receive approval
from the Parks and Recreation Director; and prior to a permit being issued for the
building addition, the plan must be implemented, inspected, and approved by the Parks
and Recreation Director.
• Both parking areas will be brought into compliance with the paving, screening, shade
tree, pedestrian access route, and lighting standards in the code.
• Current parking demand, particularly for special events, outstrips current park A supply
and , while on -street parking is available to serve overflow needs, the, ItioVI parking
requested more closely aligns with actual current demand for parking ate ' s.
• Expanding the parking area on the south side of the school, near RoEB99ter-Avenyeis
appropriate for the following reasons: =t � a' 1
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o Parking islands in both the north and south parking areas are used for stormwater
management and both green spaces will be enhanced as part of the school
expansion to provide improved stormwater management.
o Properties across the street from the south parking area are nearly all commercial
uses (part of the neighborhood commercial zone) save for two houses located at
the north end of Rita Lyn Court.
o In order to minimize the paved area and provide a more substantial buffer, the
applicant has agreed to reduce the driveway aisles from 24 feet to 22 feet. The
proposed parking area, which will be set below grade (requiring a 3 -foot retaining
wall) with additional landscape screening as required by code, will effectively
screen the first row of parking.
The Board concludes the proposed use will not have significant adverse effects on the livability
of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter
based on the following findings:
• Required screening and maintaining a 20 -foot (approximate) setback for the parking
area.
The Regina school campus functions similar to City High and Southeast Junior High
(east Iowa City's two largest schools) in terms of school days, traffic, and nighttime
functions.
The Board concludes that, because the building addition is located on the back of the school,
out of view from the public street, the multi -family building design standards are not applicable
and that, based on constraints that limit the opportunity to provide additional parking in other
areas of the site, the applicant secured a Minor Modification to allow parking in the area
between the school building and Rochester Avenue subject to a set of conditions regarding the
minimum setback and screening of the parking area (see above).
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:
• A new secondary driveway entrance from First Avenue will help to alleviate traffic
congestion at the intersection of Rochester Avenue and First Avenue (the driveway
design will prohibit left -turning traffic/northbound vehicles from entering from First
Avenue).
• Maintaining a substantial setback between the parking area and sidewalk will help to
preserve the safety of the pedestrian area.
• Modifications to the parking areas and the new access drive onto First Avenue will
require Regina to provide pedestrian access routes from the parking areas and the
public sidewalk to the building entrances.
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 regarding the design and legation of
the addition; required compliance with all screening and exterior lighting regqqemeriR for the
parking areas and building. ,.;fin c
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The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided; and that adequate measures will be taken to provide ingress
or egress designed so as to minimize traffic congestion on public streets based on the following
findings:
• Regina is currently in the process of designing a new secondary access drive to First
Avenue in order reduce congestion at the Rochester Avenue intersection.
• Regina is addressing stormwater management on the site as part of its parking area
improvements.
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:
• Both parking areas will be brought into compliance with current parking area standards
regarding paving, screening, shade trees, pedestrian access routes, and lighting.
• A monument sign located near Rochester Avenue must be relocated according to the
setback standards in the code.
• Bicycle parking must also be provided in accord with the standards in the zoning code.
The Board concludes that the special exception complies with the Comprehensive Plan based
on the following findings:
• The plan encourages the location of educational facilities in residential zones so long as
they are compatible with the surrounding residential neighborhoods.
• The Central District Plan designates this property as an institutional use because of
Regina's historic use of the property.
• Regina is, in many ways, a neighborhood school that contributes to the livability and
walkability of the Central and Northeast Planning Districts and expands the many
educational options that exist in Iowa City.
• Regina's continued operation within the centrally located neighborhood and its ability to
provide complementary facilities, including athletic facilities, similar to what is provided at
other area public schools is appropriate.
DISPOSTION: By a vote of 5-0 the Board approved a special exception for the expansion of a
general educational facility to allow a school building addition of approximately 18,500 square feet
and expansion of the parking areas to allow up to 300 parking spaces, subject to the following
conditions:
a. Completion of a secondary drive access to First Avenue prior to issuance of a building
permit for the new school addition;
b. Substantial compliance with the plans submitted with this application; o
c. The parking area setback along Rochester Avenue should be set F: dAck ngo'ess t,20
feet from the street right-of-way line, with the exception of a smallar� aT=fie east bnd
of the parking area, which may be reduced to 19 feet, in order tc-presewe asrMany
mature trees as possible, and mature trees that are removed shop bff�epl ked in
consultation with planning staff; -T
d. North and south parking areas and drives must be brought into c4Wbrmence 0 all
parking standards, including paving, screening, shade trees, ped8striamaccess, and
lighting; '
e. Bicycle parking must be provided in conformance with code standards;
f. Prior to paving of the south parking area (near Rochester Avenue), the applicant
must submit a plan to and receive approval from the Parks and Recreation Director
to address stormwater runoff concerns at the north end of the Regina property; and
g. Prior to a permit being issued for the building addition, the stormwater plan must be
implemented, inspected, and approved by the Parks and Recreation Director.
The term of this special exception is extended to 2 years to allow Regina the opportunity to
complete the fundraising for the school expansion.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant
expire six (6) months from the date they were filed with the City Clerk, unless.
have taken action within such time period to establish the use or construct the
authorized under the terms of the Board's decision. City Code Section 14 -8C -
City, Iowa.
sFrAndmoold
.�
STATE OF IOWA
JOHNSON COUNTY
Approved by:
c oAS«may 6
City Attorney's Office
I, Julie Voparil, Deputy 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 May, as the
same appears of record in my Office.
Dated at Iowa City, this Oki day of �n-e 20l_I
VV7r1
J.0VVA )tftSoparil, Deputy CRY Clerk
CO POR [AI
Doc ID: 026782560002 Type: GEN
Kind: DECISION
Recorded: 07/17/2017 at 11:23:00 AM
Fee Amt: $12.00 Pape 1 of 2
Johnson County Iowa
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City,
Painter County Recorder, IA 52240; 319/356-5230 SK C �+7 Q PG205-206
DECISION ;JV Q
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, June 14, 2017
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, Connie Goeb, T. Gene Chrischilles, Tim Weitzel, Bryce
Parker c
MEMBERS ABSENT: None C:)
A- 4 r-- r.r
STAFF PRESENT: Sue Dulek, Sarah Walz 1...
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OTHERS PRESENT: None�t j �v M
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SPECIAL EXCEPTION ITEMS: r
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EXC17-00004: A public hearing regarding an application submitted by Mukunda Kanfamneni to
amend the conditions of a previously approved special exception, which required a barrier/gate
to located on property located in the Community Commercial (CC -2) zone at 1410 Waterfront
Drive.
The Board concludes that a gate installed to block access across the subject property no longer
serves its intended function—it is obsolete —and therefore the special exception should be
amended by removing the requirement for a traffic barrier based on the following findings:
• In 1997, the property at 1410 Waterfront Drive was granted a special exception (EXC97-
00003) to allow a vehicle repair use with a condition requiring a six inch (6") curb to be
established along a designated portion of the property at 1410 Waterfront Drive. The
requirement was intended to reduce the amount of cut -through traffic between
Waterfront Drive and Gilbert Street and to discourage traffic at an intersection with a
high crash rate.
• In 1998, the Board granted an amendment to the original special exception, removing
the requirement for a 6 -inch curb and substituting a gate or fence along a portion of the
property (EXC98-00029).
• In 2016, the adjacent CC -2 commercial area to the west of 1410 Waterfront Drive was
redeveloped and the western portion of Waterfront Drive was vacated and the intersection
of Waterfront Drive and Gilbert Street removed. As part of the development a new curb cut
was established further to the south on Gilbert Street in order to provide ingress and
egress. A new private drive provides circulation between Gilbert Street and the remaining
portion of Waterfront Drive to the east, bypassing the gated portion of the subject property.
DISPOSITION: By a vote of 5-0 the Board approves a request to amend special exception
EXC98-00029 to remove a requirement that the property provide "a physical traffic barrier [gate]
... to prevent the property from becoming an access between the two portions of Waterfront
Drive." Staff will present a resolution to the City Council to approve the termination of a 1999
agreement to install the traffic barrier that was recorded on September 23, 1999 in Book 2833,
Page 38 in the office of the Johnson County Recorder.
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.
/'
Approved by:
Be y So , C irperson
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 14th day of June 2017, as
the same appears of record in my Office.
Dated at Iowa City, this /3-7-91 day of 20/7
Kellie K. Fruehling,,Ci'ty Clerk
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1111111 111111 III VIII VIII VIII VIII VIII VIII VIII VIII IIIA VIII VIII IIII IIII
Doc ID: 026891170005 Type: GEN
Kind: DECISION
Recorded: 11/13/2017 at 12:29:23 PN
Fee Amt: $27.00 Page 1 of 5
Johnson County Iowa
Kim Painter County Recorder
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 BK 5 7 2 3 PG75 0-7 5 4
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 11, 2017 (�
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Bryce
Parker
MEMBERS ABSENT: None.
ro
STAFF PRESENT: Sue Dulek, Sarah WalzDC-)
OTHERS PRESENT: Ben Kinseth, Duane Musser r
F,— M
SPECIAL EXCEPTION ITEMS:
co
1. EXC17-00006 Public hearing regarding an application submitted by Hilton Garde Inn
for a special exception to expand the hours of operation for a Rooftop Service Area
('RSA") in the Riverfront Crossings -South Downtown Sub -District at 328 S. Clinton
Street.
The Board concludes that extending the hours of operation for the RSA will not be
detrimental to or endanger the public health, safety, comfort or general welfare based on
the following findings:
• The proposed rooftop service area will be located on the 12th floor of the newly
constructed hotel.
• The RSA will be surrounded by a glass wall extending 8 feet above the floor.
• The RSA is ADA accessible.
• Stairways and elevators provide access to the rooftop restaurant and RSA.
• The hotel building has a step back such that the upper floors of the building are set
back 10 feet from the Clinton Street right-of-way.
The Board concludes that extending the hours of operation for the RSA 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 or the surrounding property for
uses permitted in the zone in which such property is located based on the findings above
in addition to the following findings:
• The RSA is screened from the view of adjacent properties to the east and south by
portions of the building.
• Surrounding uses are set at a much lower height:
o To the west, the University of Iowa Voxman Music Building, a 6 -story non-
residential structure.
o Vacant property immediately to the north is proposed for the development of a 7 -
story extended stay hotel.
• The Clinton Street right-of-way is 100 feet wide, and the 12'" floor is set back 10 feet
from the right-of-way.
• A 30 -foot alley separates the subject property and the property to the north.
• Amplified sound is not permitted after 10 PM.
The Board concludes that all necessary utilities, access roads, drainage, and/or necessary
facilities are already being provided for the newly developed properties in this area of the
near downtown.
The Board concludes that ingress and egress from the site are not applicable to the
extended hours of operation.
The Board concludes that all other aspects of the RSA must meet the standards in the code,
including lighting, sound, and management plan in order for the City to permit the RSA as a
provisional use.
The Board concludes that the extended hours for the RSA are consistent with the
Comprehensive Plan, as amended, based on the following finding:
• The plan describes the South Downtown Sub -District, as "the most urban district outside
the Downtown" in terms of development intensity and entertainment character.
Disposition: By a vote of 4-0 (Chrischilles recused), the Board approves EXC17-00006, a
special exception to extend the hours of operation for a Rooftop Service Area at 328 South
Clinton to 10:00 AM to midnight Sunday through Thursday and to 10:00 AM to 2:00 AM on
Friday and Saturday, subject to the following conditions:
• General conformance with the site plan submitted with regard to the size and
location of the RSA.
• The RSA will be located on the 12`" floor of the hotel and be surrounded by a
glass wall extending 8 -foot above floor level.
• All aspects of the RSA must conform to code standards for the provisional use,
including lighting, sound, and management plan.
2. EXC17-00007: Public hearing regarding an application submitted by RKM Investments LLC
for a special exception to allow a drive-through facility in the Community Commercial (CC -2)
zone at 1075 Highway 1 West.
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 based on the
following findings: o
• Access to and from the subject property is from a shared cross access Ove syEotQm that
C
provides vehicle circulation through the shopping center. y
• A shared drive connects to a signalized intersection at Highway 1. c-.)
• No new curb cuts are requested.
x
The Board concludes that an adequate number of stacking spaces can be provided �%ens;60
traffic safety is not compromised, based on the following findings:
• The submitted site plan shows adequate space for at least 5 cars to stack on"the north
side of the building.
• An island dividing the entry to the drive-through lane may provide space for an additional
car to stack.
• There is adequate space for additional stacking within the east parking area.
The Board concludes that there is sufficient on site signage and pavement markings 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 site plan materials submitted by the applicant indicate directional signage at the
entry to the drive through lane.
• A condition of the special exception will require a directional sign for the drive-through be
provided at the east drive entrance to Lot 3 to direct traffic directly to the drive-through
lane.
The Board concludes that the applicant has demonstrated that the street -facing location is
preferable for the overall safety and efficiency of the site; that the location does not conflict with
adjacent uses or pedestrian access and does not compromise the character of the streetscape
or neighborhood in which it is located; and that stacking spaces, driveways, and drive-through
windows are located to minimize potential for vehicular and pedestrian conflicts are integrated
into the surrounding landscape and streetscape design of the neighborhood in which it is
located based on the following findings:
• Given the current configuration of the site and building it is most logical for the drive-
through to circulate around the north side of the building.
• The proposed location of the drive-through lane separates it from areas of property
where there may be conflicts with pedestrians.
• The topography of the site places the drive-through lane location approximately 12-15
feet below the grade of the highway, which reduces views of the drive-through from the
portions of highway.
• The proposed drive-through lane is setback more than 10 feet from the north property
line, allowing space for required S2 landscaping.
• Enhanced landscape screening along the northwest corner of the site, including
additional trees, will further screen views of the drive-through.
The Board concludes that the number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential properties
or detract from or unduly interrupt pedestrian circulation or the commercial character of the area
in which the use is located, and does not diminish the design quality of the streetscape or the
safety of the pedestrian environment based on the findings above and these additional findings:
• The subject property is located within a commercial shopping area, the character of
which is auto -oriented.
• Property to the west is currently undeveloped and owned by the City of Iowa City for the
purpose of airport runway clearance. Property to the north is residential.
• Distance and a significant change in elevation provide a buffer between residential and
commercial uses.
• The applicant has proposed a single drive-through lane along the north sM of the
building. o
• Stacking to the north and, if necessary, to the northwest of the buildingyti Qld not confl14
with pedestrian circulation. ` r
• Maintaining 5-6 stacking spaces along the north side of the building wi kirnimifb co lict
with the use that shares the site (Midtown Family Restaurant). �rri 3� m
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• Providing two order boards in the location of the drive-through entrance may minimize
the potential for traffic to stack in the east parking area or to idle during peak hours.
The Board concludes that any changes to lighting for the development must be reviewed by the
building official and must comply with the standards in the zoning code in order for an
occupancy permit to be issued.
The Board concludes that loudspeakers or intercom systems must be located and directed to
minimize disturbance to adjacent uses and finds that surrounding properties are commercial in
nature.
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 condition:
• Required S2 landscaping along the drive-through lane and enhanced landscaping along
the northwest corner of the site will be of equivalent quality to other recently developed
sites along the highway corridor and in keeping with the goals of the South Central
District Plan with a final plan to be approved by planning staff.
The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided and that adequate measures have been taken to provide
ingress or egress designed so as to minimize traffic congestion on public streets based on
findings noted above with regard to access to and from a common driveway system that serves
the shopping center.
The Board concludes that all other aspects of the site not specifically addressed here (e.g.
lighting, signage, changes to building facade, any modifications to the parking area, etc.) will be
reviewed as part of building permit and site plan process and must meet applicable code
standards.
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.
• In order to ensure improved landscaping along Highway 1 as a main entryway to the city
in accordance with the plan, the Board imposes a condition requiring planning staff
approval of a final landscaping plan.
Disposition: By a vote of 5-0, the Board approves EXC17-00007 to allow a drive-through facility
for property located at 1075 Highway 1 West, subject to the following conditions:
• General compliance with the site plan submitted with additional recommendAions of
staff for screening along the north and northwest portions of the site. 2 IaraZcaping
along the north side of the drive-through lane and additional trees, incl she tre2'f
along the northwest comer of the property. > _j ^� -.—
• A final landscape plan must be approved by planning staff.
• All lighting and signage for the property must comply with current code skwards for t
zone in which the property is located. _r �
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• All modifications to the building must comply with current zoning code stai3d8rdg�
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For drive-through pick up of food or beverages, the drive-through lane must provide no
fewer than 5 stacking spaces along the north side of the building.
A directional sign for the drive-through be provided at the east drive entrance to Lot 3 to
direct traffic directly to the drive-through lane.
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.
Approve
Becky Scgin, 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 11th day of October, 2017,
as the same appears of record in my Office.
Dated at Iowa City, this
day of A_10W t/X-f/ , 20 J-7
Kellie Fruehling, CoClerk
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Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 12, 2017
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel
MEMBERS ABSENT: Connie Goeb, Bryce Parker
STAFF PRESENT: Sue Dulek, Sarah Walz,
OTHERS PRESENT: Vicky Stadther
SPECIAL EXCEPTION ITEMS:
F ee.
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 026803390003 Type: GEN
Kind: DECISION
Recorded: 08/02/2017 at 02:02:15 PM
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK5687 PG165-167
EXC17-00005 public hearing regarding a special exception to allow expansion of an existing
drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower
Muscatine Road.
The Board concludes that access to and from the subject site is from shared cross access drive
based on the following findings: the access is a shared driveway system that provides vehicle
circulation through the surrounding shopping center; there is no direct access from the
McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site.
The Board concludes that the number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential properties;
will not detract from or unduly interrupt pedestrian circulation or the commercial character of the
area in which the use is located; and paving and stacking space will not diminish the design
quality of the streetscape or the safety of the pedestrian environment based on the following
findings:
• The drive-through is located within a commercial shopping area and adjacent uses and
properties are all commercial or industrial.
• Service windows face into the interior of the shopping center and are not visible from the
street.
• The applicant will remove 11 parking spaces along the Lower Muscatine side of the property
in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as
well as a pedestrian connection from the public sidewalk. The setback area will include
required S2 landscape screening and shade trees (preserving or replacing those currently
on the site);
• The submitted site plan shows space for 6 cars to stack between the final pickup window
and the order board with an additional 4 cars stacking in the area of the order board. (The
zoning code recommends no fewer than 6 spaces for eating establishments.)
• The proposed expansion is intended to reduce the amount of idling on site by providing an
additional order board/lane.
Based on the findings listed above, the Board concludes that the additional order lane 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: will not impede the normal
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EXC17-00005 public hearing regarding a special exception to allow expansion of an existing
drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower
Muscatine Road.
The Board concludes that access to and from the subject site is from shared cross access drive
based on the following findings: the access is a shared driveway system that provides vehicle
circulation through the surrounding shopping center; there is no direct access from the
McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site.
The Board concludes that the number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential properties;
will not detract from or unduly interrupt pedestrian circulation or the commercial character of the
area in which the use is located; and paving and stacking space will not diminish the design
quality of the streetscape or the safety of the pedestrian environment based on the following
findings:
• The drive-through is located within a commercial shopping area and adjacent uses and
properties are all commercial or industrial.
• Service windows face into the interior of the shopping center and are not visible from the
street.
• The applicant will remove 11 parking spaces along the Lower Muscatine side of the property
in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as
well as a pedestrian connection from the public sidewalk. The setback area will include
required S2 landscape screening and shade trees (preserving or replacing those currently
on the site);
• The submitted site plan shows space for 6 cars to stack between the final pickup window
and the order board with an additional 4 cars stacking in the area of the order board. (The
zoning code recommends no fewer than 6 spaces for eating establishments.)
• The proposed expansion is intended to reduce the amount of idling on site by providing an
additional order board/lane.
Based on the findings listed above, the Board concludes that the additional order lane 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: 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.
The Board concludes that all utilities, access roads, drainage and/or necessary facilities have
been or are being provided, including pedestrian facilities located in the Lower Muscatine right-
of-way based on the following findings: All access roads, utilities, and drainage are in place.
Lower Muscatine Avenue was reconstructed several years ago, including a new sidewalk and
storm drains within the right-of-way.
The Board concludes that all other aspects of the site not specifically addressed here (e.g.,
lighting, signage, changes to building fagade, etc.) will be reviewed as part of building permit
and site plan process.
The Board concludes that the proposed expansion is not contrary to the Comprehensive plan
based on the following findings:
• The Southeast District Plan indicates this area as appropriate for general commercial
uses.
• The proposed site plan achieves improvements called for in the district plan including a
pedestrian connection and improvements to the streetscape and landscaping along
Lower Muscatine Road.
DISPOSITION: By a vote of 3-0 (Goeb and Parker absent) the Board of Adjustment approves
EXC17-00005, a special exception to allow a second order board and for the drive-through
facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road,
subject to the following conditions:
• Substantial compliance with the site plan submitted with
o preserving or replacing existing large shade trees; o
o narrowing the bypass lane in the area adjacent to the pedestriap3oute; Md
o installing appropriate signage at the "bump out" to alert drivee LedestMM
route and a "do not enter" sign to indicate direction of traffic floa6 atthernorth exit.
drive. W r
• All lighting and signage for the property must comply with current zoniriRccoode stand
for the zone in which the property is located. c—, 7 s
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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.
93
Becky Sog , Chairperson
Approved by:
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 12"' day of July, 2017, as
the same appears of record in my Office.
Dated at Iowa City, this ?D day of C 20 1-7
���: _ Le
elhK.
e K. Fruehling, Cid Clerk a
COPOATI 91
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