HomeMy WebLinkAbout2015 Board of Adjustment Decisions1
Doc ID: 025873000006 Type: GEN
Kind: DECISION
Recorded: 02/11/2015 at 02:10:41 P11
Fee Amt: $32.00 Pape 1 of 6
' Johnson County Iowa
Kim Painter County Recorder
13K5330 PG836-841
STATE OF IOWA )
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COUNTY OF JOHNSON )
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 3S6-5000
(319) 356-5009 FAX
www.icgov.org
I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the signature page
for the January 14, 2015 Iowa City Board of Adjustment Decision, filed February 3, 2015, Book
5328, Pages 259-263 omitted the City seal. The decision is attached.
Dated at Iowa City, Iowa, this 9th day of February 2015.
Mane>
City Clerk
Vmaterial
CORPORATE SEAL
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
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DECISION
IOWA CITY BOARD OF ADJUSTMENT �r
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WEDNESDAY, JANUARY 14, 2015
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, Larry Baker, Connie Goeb, Brock Grenis 7`'
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MEMBERS ABSENT: T. Gene Chrischilles
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STAFF PRESENT: Sarah Walz, Sue Dulek
OTHERS PRESENT: Wendy Harbaugh, Gene Davis, Kevin O'Brien, Noah Kemp
SPECIAL EXCEPTION ITEMS:
EXC14-00012 : a public hearing regarding a special exception to allow a drive-through
facility for a restaurant use to be located in the Riverfront Crossings -West Riverfront
Subdistrict (RFC -WR) zone at 708 South Riverside Drive.
The Board concludes that the transportation system should be capable of safely supporting the
proposed drive-through use in addition to the existing uses in the area based on the following
finding:
• Both South Riverside Drive and Benton Street are multi -lane arterial streets designed to
accommodate large traffic loads associated with major transportation corridors and busy
commercial centers.
The Board concludes that access and circulation for the drive-through is safe and will not
interfere with pedestrian areas, based on the following findings:
• Access to the drive-through is from a two-way, 22 -foot wide driveway that is shared with
the commercial property to the north.
• The entrance to the drive-through lane is located approximately 135 feet from Riverside
Drive right-of-way line.
• The applicant plans to apply for a second curb cut onto Benton Street, allowing vehicles
to exit the site, turning right onto Benton Street. The appropriate location and design of
this curb cut will allow a safe exit that will reduce queuing at the Riverside Drive exit
during peak traffic.
The Board concludes that an adequate number of stacking spaces are provided to ensure traffic
safety is not compromised based on the following findings:
• The site plan shows room for 1 car at the service window + 7 spaces for cars to stack
before reaching the shared driveway.
• The applicant has indicated that peak usage of the drive-through will be during morning
commute and over the lunch hour.
The Board concludes that the drive-through is located in compliance with the code requirements
for the Riverfront Crossings -West Riverfront Subdistrict and does not conflict with adiacent uses
Doc ID: 025 50005 Type: GEN
Klnd: DECIS
Recorded• 2/03/2015 at 11:02:42 AM
Fee A . $27.00 Paqe 1 of 5
J on County Iowa
im Painter County Recorder
BK5328 PG259-263
or pedestrian access, and does not compromise the character of the streetscape of the
neighborhood based on the following findings:
• The subject property is located on a corner lot on the west side of the river.
• The proposed drive-through window and lane are located on the back (east) side of the
building and are thereby screened completely from view from South Riverside Drive.
• Along Benton Street, the site plan shows the drive-through lane located behind a 3-4
foot masonry wall with additional landscaping between the wall and the pedestrian area.
• Additional landscaping is provided within the drive-through area.
• The drive-through is set back 10 feet from the south property line; 10-24 feet from the
public sidewalk along Benton Street, more than 30 feet from the east property line and
more than 20 feet from the north property line.
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 based on the following findings:
• Only one drive-through lane is provided.
• The entrance to the drive-through is approximately 135 feet from Riverside Drive.
• The center island around which the drive-through circulates reduces the area of the
property devoted to hard surface.
• The drive-through lane and vehicle areas are located away from pedestrian areas
(sidewalks and trails) and customer entrances to the building are located along
sidewalks on Riverside Drive and Benton Street.
• The entrance and exit to the drive-through are located east of the principal parking
spaces.
• Customers do not have to cross through the drive-through lane in order to enter the
building.
The Board concludes that drive-through lanes, bays and stacking spaces will be screened from
views of the street and adjacent properties to the S2 standard based on the following findings:
• The center island around which the drive-through circulates provides additional
screening of the drive-through.
• The drive-through lane is located behind the building so it is not visible from Riverside
Drive and is screened from view from Benton Street by a 3-4 foot masonry wall and
shrubs and trees—this exceeds the S2 screening standard in the code.
• There are no adjacent residential zones or uses and no proposals for such
redevelopment at this time.
The Board concludes that multiple windows serving a single stacking lane are unnecessary
given the limited size of the site and building.
Based on the findings provided above regarding the location and design of the drive-through,
the Board concludes that stacking spaces, driveways, and drive-through windows are located to
minimize potential for vehicular and pedestrian conflicts and are integrated into the surrounding
landscape and streetscape design of the neighborhood in which it is located.
The Board finds that lighting, signage, and intercom systems for the development must
reviewed by the Building Official prior to issuance of a building permit and that the ordering
system for the drive through is located approximately 70 feet from the shared drive and is
angled is screened by the landscaped center island.
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:
• Directional signs and pavement markings are indicated on the site plan showing the lane
for drive-through access.
• Pavement markings separate the drive-through lane from the drive accessing the 5
parking spaces located along the east property line.
• A condition requiring a sign marking the exit from drive-through lane to be located at the
east end of the parking aisle and directional arrows marking the pavement at the
entrance to and exit from the drive-through lane and along the right -out only drive onto
Benton Street will help to ensure safe circulation on the site.
Based on findings provided above regarding the design and location of the site, the Board
concludes that the speck proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair property
values.
The Board concludes that 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 based on the findings above related to
the access drive, the additional exiting drive (onto Benton Street), the distance from Riverside
Drive, and the provision of stacking space and setbacks and screening for the drive-through. In
addition the Board finds that the proposed site and building design, including landscaping, the
dedication of 10 -feet of property to the Riverside Drive right-of-way, and the outdoor seating
provided on the south side of the building, all comply with the requirements of the Riverfront
Crossings Subdistrict and/or further the goal of improving the pedestrian environment.
The Board concludes that a condition requiring that all lighting specific to the drive-through area
(including illuminated signs) be turned down when the drive-through is not in operation and to
limit the hours of operation to 10 PM to 5 AM will help to ensure that the site will not diminish
the potential for mixed use development on adjacent property.
The Board finds that all utilities and access roads are already in place to serve this property.
The Board finds that drainage for the site will be reviewed as part of the site pla"review
process. rr, i
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The Board concludes that adequate measures have been or will be taken to pravidia ingress or
egress designed so as to minimize traffic congestion on public streets based Falowirtg-
findings: `� r ° Y
• The property provides vehicle access via the shared two-way drive fromRtverside Drive
and an additional exiting opportunity with the proposed right -out only drive onte, Benton
Street.
• The entrance to the drive-through lane is accessed via the privately owned shared drive
and is located more than 135 feet from Riverside Drive.
• The drive-through lane provides 7 stacking spaces. In staffs view this is adequate to
serve the type business being proposed.
• The size and configuration of the property and the drive-through will limit the type and
intensity of any business that may locate here in the future.
The Board finds that proposed site plan meets the code requirements for the drive-through with
regard to setbacks, screening, and building coverage along Riverside Drive.
The Board finds that along Benton Street the code requires the drive-through lane itself to be
set 3 feet behind of the south wall of the building and that the building should extend along 50%
of the frontage. However, the Board finds that code provides some flexibility in situations such
as for unusual lot sizes or configurations.
The Board concludes that the narrow lot configuration makes the building coverage and setback
requirement for the drive-through impractical.
The Board concludes that the additional space between the drive-through and the sidewalk
(approximately 15-20 feet in the area where the drive-through lane is located) along with the 3 -
to 4 -foot masonry wall and landscape screening mitigate the setback deficiency by minimizing
views of parking and vehicle areas, and preserve pedestrian character and safety along the
street. By providing patio space at the south entrance to building, the site plan addresses the
code intent to encourage active and attractive buildings oriented toward the street.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended based on the following finding:
• The Riverfront Crossings Plan acknowledges that the West Riverfront District is a high -
traffic, auto -oriented corridor and thus the plan calls for 'tempering auto -orientation"
rather than a complete transformation to the sort of pedestrian areas that are located on
the east side of the river and closer to the downtown.
• Aesthetic improvements, including locating parking behind the building, and
enhancements to the pedestrian area within the right-of-way—landscape screening,
additional space in the right-of-way, etc., meet the goals of the plan.
• The plan contemplates this corner property as a restaurant or other small business with
a shared drive and parking area between this lot and the property to the north.
DISPOSITION: By a vote of 4-0 (Chrischilles absent) the Board approved EXC14-00012 a
special exception to allow a drive-through facility for property located in the Riverfront
Crossings -West Riverfront Subdistrict at 708 S. Riverside Drive, subject to the following
conditions:
Substantial compliance with the site plan submitted;
A sign marking the exit from the drive-through lane will be located at the -east e5d of the
customer parking aisle and directional arrows will mark the pavement�t3he-" frggr
and entrance to the drive-through lane and along the right -out only dfiv[T.;onBentor9
Street; (-,>'� r
Hours of operation for the drive-through are limited to 5:00 AM - 10:00
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All lighting and signage for the drive-through should be turned down when the drive-
through is not in operation;
To ensure safety at the Benton Street egress, the design of the curb cut should limit as
much as possible the ability of vehicles to turn left on to Benton or to enter the
property/site from Benton Street.
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:
Brock Grenis, Chairperson
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, 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 12th day of January, 2015, as the
same appears of record in my Office.
Dated at Iowa City, this oC day of 20 />
04-1
Maribirr K. Karr, City Clerk
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CORPORATE SEAL
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Doc ID: 025899040008 Type: GEN
Kind: DECISION
Recorded: 03/13/2015 at 11:05:31 AM
Fee Amt: $42.00 Pape 1 of 8
Johnson County Iowa
Kim Painter County Recorder
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/355-5230 BK 5 341 PO2 9 2-2 9 9
DECISION
IOWA CITY BOARD OF ADJUSTMENT (,rye
WEDNESDAY, FEBRUARY 11, 2015
EMMA J. HARVAT HALL
MEMBERS PRESENT: T. Gene Chrischilles, Connie Goeb, Becky Soglin, Larry Baker, Brock
Grenis
MEMBERS ABSENT: None.
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Bryan Svoboda, Thomas McInerney, JJ Deryke ,Jeff Clark, Kristen Frey
SPECIAL EXCEPTION ITEMS:
1. EXC15-00001: A public hearing regarding an application submitted by Bryan Svoboda to
allow a reduction of the required principal building setback for property located in the Low
Density Single-family (RS -5) zone at 604 West Park Road from 15 feet to 3 feet 9 inches.
The Board concludes that the situation is peculiar to the property and that there is practical
difficulty complying with the setback standards based on the following findings:
• The subject property is a corner lot, with frontage on West Park Road and Hutchison
Avenue.
• This portion of Hutchison Avenue terminates at an undeveloped alley to the rear of the
property and only one other house is located along the street. In practical effect this
section of right-of-way functions as a private drive for 526 and 604 West Park Road.
• The original porch on the east side of the house has a setback of less than 2 feet.
• The subject house is set back less than 15 feet from the street right-of-way line.
• The applicant would like to replace the original porch, however, because the property is
considered a corner lot, the code requires a 15 -foot front setback from the Hutchison
Avenue right-of-way.
The Board concludes that granting the special exception will not be contrary to the purpose of
the setback regulations based on the following findings:
• Because the setback at issue is along a street right-of-way rather than a sidP,,property
line, there is ample separation for maintaining light, air, and access for firefighting and
the privacy for the adjacent home at 524 West Park Road.
• Because the house at 604 West Park Road is the only structure located along this
frontage, the proposed addition will not disrupt the general building scalp or pl&ement of
buildings along the Hutchison Avenue frontage.
The Board concludes that any potential negative effects resulting from the. -setback exception
are mitigated to the extent practical based on the following findings:
0 The structure being proposed is a porch and not an enclosed home addition.
• Steps for the original porch, which are located in the right-of-way, will be removed.
• Access to the proposed new porch will be from within the house.
Based on the findings provided above, regarding impacts of the setback reduction on separation
for light, air, fire protection and firefighting, and privacy, 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 the property in the immediate
vicinity; and will not diminish or impair property values in the neighborhood.
The Board concludes that the establishment of the speck proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for uses
permitted in the zone in which the property is located based on the following findings:
• All surrounding property is currently developed with residential uses.
While there is a possibility that property to the rear of 526 West Park Road, which has
frontage at the terminus of Hutchison Avenue, could be subdivided to allow for an
additional lot, due to the steep topography, it is unlikely that Hutchison could be
extended to allow substantial development of this property.
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, access roads, drainage and/or necessary facilities are in place to
allow the proposed addition to be built.
• Given the steep topography, it is highly unlikely that Hutchison Avenue will be extended
as a public street.
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 portion of Hutchison along which the subject property fronts in all practical sense
functions as a private drive for 604 and 526 West Park Road.
• The proposed porch is setback 3'9" from the right-of-way line.
• The original porch was setback less than 2 feet from the right-of-way line.
• The setback reduction will have no impact on ingress or egress.
The Board concludes that the porch addition conforms to all other applicable regu�a;ions or
standards of the zone in which it is to be located, however, all other aspects of the applicant's
proposed renovations must be reviewed by the Department of Neighborhood and„Dev€f(5pment
Services for building permit to be issued. r o
The Board finds that the Comprehensive Plan encourages re -investment in—existing
neighborhoods. —.1
DISPOSITION: By a vote of 5-0, the Board approved EXC15-00001, an application submitted
by Bryan Svoboda to allow reduction of the required principal building setback for,,Avoperty
located in the Low Density Single-family (RS -5) zone at 604 West Park Road from 151feet to 3
feet 9 inches feet be approved subject to the following conditions:
• Substantial compliance with the site plan submitted; and
• The porch may not be enclosed in solid walls or windows.
2. EXC15-00002: an application submitted by King of Glory International Church for a
special exception to allow expansion of a day care center and to reduce the required
parking for property located in the Low Density Single -Family Residential (RS -5) zone at
2024 G St.
The Board concludes that the applicant meets the interior floor area requirements for a daycare,
based on the following:
• A daycare center for 33 children requires a minimum floor area of 1,155 square feet.
• The first floor of the existing home will provide more than 1,414 square feet of floor area.
• The church is in the process of modifying the first floor of the house to serve the daycare
and is required to apply for a building permit to establish the use. The Building Inspector
will verify that the minimum required square footage for the daycare is provided.
The Board concludes that the daycare center meets the outdoor play area requirements, based
on the following findings:
• The submitted site plan shows that the area consists of approximately 1,966 square feet.
• The applicant has indicated that no play equipment will be located within the required 5 -
foot side setback.
• The site plan shows the play area located within a chain link fence 4 feet in height.
The Board concludes that the daycare center provides appropriate and safe vehicle and
pedestrian facilities for pick-up and drop-off based on the following findings:
• Vehicle access is provided via a curb cut from G Street.
• The State of Iowa requires daycare operators to provide a minimum number of
caregivers based on the ages of the children in its care. The church has indicated that
they anticipate 10 employees based on the ages for the children they will accept into
their care.
• With 10 employees and 33 children, the daycare is required to provide 13 parking
spaces + 2 stacking spaces.
• The parking area shared by the church and daycare provides 20 parking spaces and
sufficient space for 3 cars to stack adjacent to the entrance from the parking area (60 +
feet).
• Given the size and configuration of the lot, no cars will be required to back into the street
and there is adequate space to turn around in the parking area.
• A 5 -foot wide pedestrian route connects the public sidewalk on G Strept,to the main_::
entrance of the daycare.
• The pedestrian route is marked to distinguish it from the adjacent parking area.
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• Pedestrians using the pedestrian route are not required to cross drives or aisles in order
to access the daycare entrance.
The Board concludes that it is not appropriate to require the daycare to bring the parking area
into conformance with Multi -Family Site Development standards at this time, based on the
following findings:
• The church property is established on a parcel that fronts on three streets: G Street,
Muscatine Avenue, and Third Avenue.
• The existing parking lot extends beyond the front fagades of the church and the daycare
center building—there is no setback between the parking area and the front property line
along G Street.
• The site is constrained such that there is limited space to provide both the required
parking in addition to the required setbacks and screening.
• It is desirable for the church to maintain its limited off-street parking.
• The applicant is not proposing an addition to the building as part of this proposal.
The Board concludes that the daycare and church uses have unique characteristics such that
the number of parking or stacking spaces required is excessive, and that the total number of
required parking or stacking spaces should be reduced based on the following findings:
• The two properties and the two uses are under the same ownership.
The parking area covers portions of both lots.
• The two principal uses (church and daycare) do not operate during the same hours: the
daycare will operate weekdays only, from 7 AM until 5 PM; the church is used mainly on
weekends, though some weeknight activities are possible.
Based on findings articulated above regarding vehicle circulation and pedestrian access, the
Board concludes that the special exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Based on findings articulated above regarding vehicle circulation and the parking, 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.
The Board concludes that the 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 based on the following findings:
• The daycare is limited in size, providing care for up to 33 children.
• The daycare does not operate during the same hours as the church and is therefore
able to share the parking area.
• In the future, if the daycare wishes to expand beyond 33 children it will be required to
secure a new special exception.
The Board finds that all utilities, access roads, drainage and other facilities are in place'fo serve
this property.
The Board concludes that all 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:
• Access to the parking area is provided via a two-way drive entrance onto G Street, a
low-volume residential street.
• A daycare for 33 children requires a minimum of 10 parking spaces.
• Given the size and configuration of the parking area, vehicles may stack in the drive
and can circulate within the lot without need to back into the public street.
The Board finds that the Comprehensive Plan does not address this situation directly, but does
encourage the location of uses such as churches, dayoares, and schools within neighborhoods.
The Central District Plan encourages the development of businesses, institutions, and public
entities that provide services and amenities that support healthy neighborhoods.
DISPOSTION: By a vote of 5-0, the Board approved EXC15-00002, a special exception to allow
the expansion of an existing daycare and a reduction in the required parking from 30 spaces to
20 on property located in the Low Density Single -Family (RS -5) zone at 2024 G Street subject
to the following conditions:
• Substantial compliance with the site plan submitted.
• The size of the daycare may not exceed 33 children. To increase the number of children
to more than 33 will require a new special exception.
3. EXC15-00003: Discussion of an application submitted by Jeff Clark for a special
exception to reduce the off-street parking requirement for a building designated as a
Historic Landmark located in the Riverfront Crossings – Central Crossings (RFC -CX)
zone at 912 -914 S. Dubuque Street.
The Board concludes that the modification will help preserve the historic, aesthetic, or cultural
attributes of the subject property.
• The applicant voluntarily sought Landmark Historic status for the Tate Arms property and
has agreed to rehabilitate the building at 914 S. Dubuque in conformance with the
Historic Preservation Guidelines.
• To make preservation of the historic property financially feasible, the applicant
transferred development potential to the adjacent property at 912 South Dubuque Street.
• The applicant is maintaining an open space between the new building and the historic
property—space that might otherwise be used for parking. This space will help preserve
the aesthetic attributes of the site by mitigating for the change in heights between the
two buildings and will provide outdoor space for the residents use.
• It is clear that if the applicant removed the historic building and developed the entire,
property there would be enough room to provide more than the required parking.
The Board finds that the applicant has received approval from the Historic Preservation
Commission for the general concept. The Historic Preservation Commission must review any
changes to the exterior of the historic structure.
The Board concludes that the speck proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare based on the following finding:
• A reduction in automobile parking will have no impact on public health, safety, comfort or
general welfare.
The Board concludes that the speck 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 that 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 new building and site plan must meet all other requirements of the Riverfront
Crossings -Central Crossings zone. The building design has been approved by the
design review committee; a landscape plan must be submitted for approval.
• The applicant is providing the required bicycle parking for the mufti -family building within
a secured area in the ground floor of the building and has indicated a willingness to
provide additional bike parking on the site, exterior to the building. Secured bike parking
on the interior of the building has the potential to attract residents who do not own cars
or do not rely on cars for their principal transportation.
• The property is located within an area of the Riverfront Crossings—Central Crossings
District that is not adjacent to properties contemplated for high-intensity residential use.
o County properties are located to the west.
o Property associated with the waste water treatment facility will become a public
park.
o Properties to the east have limited development potential due to their size and
location along the creek.
• In the future, the City intends to convert adjacent streets to two-way traffic. This will
provide space for some on -street parking.
• Conditions imposed by the Board requiring the applicant to post a sign at the entrance to
the parking area east of the alley and a disclosure in the Informational Disclosure and
Acknowledgment Form regarding that parking is not permitted in the lot east of the alley,
will discourage unauthorized parking in the parking on the adjacent lot.
• Unauthorized parking on the adjacent lot is viewed as an inconvenience to the,*jacent
property owner and not a substantial diminishment in value.
• Additional bike parking spaces located on the site, exterior to building; will mitigate the-
current
he-current lack of on -street vehicle parking.
The Board finds that adequate utilities, access roads, drainage and/or necessaryfacilMs have
been or are being provided.
c.;
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:
Access to the parking areas is from an existing public alley and curb cut onto Benton
Street. This alley also provides access to the office at 920 S. Dubuque and its parking lot
located to the east of 912 S. Dubuque.
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 final site must be reviewed and approved by the Department of Neighborhood and
Development Services. All aspects of the development not directly addressed in this
report, must be in compliance with the form -based code for Riverfront Crossings and the
Historic Preservation guidelines.
The Board finds that the proposed use will be consistent with the Comprehensive Plan, as
amended, based on the following findings:
• The Historic Preservation element of the Comprehensive Plan encourages the
identification and preservation of historic resources significant to Iowa City's past.
• The Riverfront Crossings Master Plan identifies 914 South Dubuque Street as a Key
Historic Building in Riverfront Crossings District. Key Historic Buildings, together with
Contributing Historic Buildings and buildings of potential historic significance, provide
character and ambiance to the district, and as such are important to identify and protect.
• The Riverfront Crossings plan explicitly calls for preservation of the Tate Arms building,
stating: "To provide for its preservation, the City would allow a density bonus for a new
building to be created directly to the north. In addition a parking waiver would be granted
due to Tate Arms small lot size."
• The property is located within the Central Crossings Subdistrict of Riverfront Crossings.
Within this district, the Plan calls for "moderate intensity mixed use development in
buildings that open onto pedestrian -friendly streets and streetscapes."
DISPOSTION: By a vote of 5-0 the Board approved a historic preservation special exception to
reduce the minimum off-street parking requirements from 35 spaces to 28 spaces for residential
uses to be established at 912 and 914 S. Dubuque Street, subject to the following conditions:
• The applicant must secure a Certificate of Appropriateness for the_ rehaEBtation of
property from the Historic Preservation Commission.
• In addition to the required parking on the interior of the apartment bui&T( the. applicant
shall provide additional bike parking on the exterior of the apartment. I --
m
• With the permission of the adjacent property owner, the applicant shall _ "' cle-Siignage to
discourage tenant parking on the adjacent parking lot east of the alley.
cn
• Add to the Informational Disclosure and Acknowledgment Form that there is 5`ib parking
on the parking lot to the east of the alley."
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 -1E, City of Iowa City, Iowa.
Brock Grenis, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approved by:
7 w -/1 -
City Attorney's Office
I, Marian Karr, 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 February 2015, as the
same appears of record in my Office.
Dated at Iowa City, this day of , 20j.,5—
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CORPORATE SEAL
MarianiK. Karr, City Clerk
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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, APRIL 8, 2015
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, Connie Goeb, T
MEMBERS ABSENT: Brock Grenis
STAFF PRESENT: Sarah Walz, Sue Dulek
OTHERS PRESENT: Dan Savoia
SPECIAL EXCEPTION ITEMS
-tee
Doc ID: 025955840003 Type: GEN
Kind: DECISION
Recorded: 05/12/2015 at 12:51:06 PM
Fee Amt: $17.00 Pace 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK5363 PG713-715
EXC15-00005: a public hearing regarding a special exception to reduce the required off-
street parking requirement due to a unique circumstance for a multi -family development
located in the Institutional Public/Medium Density Multi -family Residential (P2/RM-20) at
Hawkeye Court.
The Board concludes that the applicant has demonstrated that the specific use has unique
characteristics such that the number of parking or stacking spaces required is excessive based
on the following findings:
• University Graduate Housing serves a unique population of graduate and international
students that do not rely on automobiles as heavily as the general population.
• University's Transit Service (Cambus) provides four service routes to Hawkeye Court that
serve both east and west sides of campus with routes that run hourly or on the half hour.
• The housing development is served by the regional bicycle trail network, which runs to
the campus as well as those into Coralville and Iowa City.
The Board concludes that the specific proposed exception will not be detrimental to or endanger
the public health, safety, comfort or, general welfare based and 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 on the findings above and the following findings:
• When completed, the graduate housing complex will have 522 one- and two-bedroom
apartments. With the parking reduction there will be 1.5 parking spaces per apartment.
• Parking is prohibited along Mormon Trek Boulevard. Parking is allowed along some
portions of Hawkeye Park Road and at the University recreation facilities located to the
south and west.
• The applicant has observed that 50-80 parking spaces are currently going unused.
• The applicant has been proactive in addressing issues with the parking, including issuing
permits for the parking spaces to residents.
• Given the remote location and because the development is surrounded by University
property, overflow parking would likely occur along roads that abut University property—
areas west of Mormon Trek and south of Melrose.
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EXC15-00005: a public hearing regarding a special exception to reduce the required off-
street parking requirement due to a unique circumstance for a multi -family development
located in the Institutional Public/Medium Density Multi -family Residential (P2/RM-20) at
Hawkeye Court.
The Board concludes that the applicant has demonstrated that the specific use has unique
characteristics such that the number of parking or stacking spaces required is excessive based
on the following findings:
• University Graduate Housing serves a unique population of graduate and international
students that do not rely on automobiles as heavily as the general population.
• University's Transit Service (Cambus) provides four service routes to Hawkeye Court that
serve both east and west sides of campus with routes that run hourly or on the half hour.
• The housing development is served by the regional bicycle trail network, which runs to
the campus as well as those into Coralville and Iowa City.
The Board concludes that the specific proposed exception will not be detrimental to or endanger
the public health, safety, comfort or, general welfare based and 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 on the findings above and the following findings:
• When completed, the graduate housing complex will have 522 one- and two-bedroom
apartments. With the parking reduction there will be 1.5 parking spaces per apartment.
• Parking is prohibited along Mormon Trek Boulevard. Parking is allowed along some
portions of Hawkeye Park Road and at the University recreation facilities located to the
south and west.
• The applicant has observed that 50-80 parking spaces are currently going unused.
• The applicant has been proactive in addressing issues with the parking, including issuing
permits for the parking spaces to residents.
• Given the remote location and because the development is surrounded by University
property, overflow parking would likely occur along roads that abut University property—
areas west of Mormon Trek and south of Melrose.
Based on the fads cited above, the Board concludes that the 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.
The Board finds that all necessary access roads are already constructed. Sidewalks, bike trail
connections, and bus stops are all accessible to the site. Storm water drainage and any other
required facilities will be identified as part of the site plan review process.
The Board concludes that adequate ingress and egress are provided from two curb cuts on
Hawkeye Court, a road that serves the Graduate Housing complex and University Recreation
facilities and served by a controlled intersection at Mormon Trek Blvd.
The Board finds that all other aspects of the development must comply with zoning code
regulations. The final site plan must be approved by the Building Official.
The Board finds that while the Comprehensive Plan does not speak specifically to parking
reductions, the plan does encourage development that reduces reliance on cars and enhances
opportunities for alternatives to commuting by car. By reducing the number of parking spaces,
the development creates a disincentive to bringing a car to campus. Meanwhile, the
development is well -served by the University transit system and by numerous bike/pedestrian
routes, with shopping and recreation services located nearby.
DISPOSITON: By a vote of 4-0 the Board approves EXC15-00005 a special exception to
reduce the required off-street parking from 864 spaces to 784 spaces.
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.
o✓ '�`� Approved by:
Lifty Baker, g Chairperson `, _ S—, �--( r
City Attorney's Office
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STATE OF IOWA ) m
JOHNSON COUNTY ) 40 co r
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I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby, certify that theof=r
Adjustment Decision herein is a true and correct copy of the Decision that wa s a(; the0
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8'" day o prll, 2815, as
the same appears of record in my Office. r
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Dated at Iowa City, this day of !1 20_L5
Maria . Karr, City Clerk
CORPORATE SEAL
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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, May 13, 2015
EMMA J. HARVAT HALL
Doc ID: 025992010007 Type: GEN
Kind: DECISION
Recorded: 06/11/2015 at 11:07:54 An
Fee Amt: $37.00 Pape 1 of 7
Johnson County Iowa -J�CC
Kim Painter County Recorder
BK5377PG691-697
MEMBERS PRESENT: Brock Grenis, Connie Goeb, Becky Soglin, Larry
Chrischilles
MEMBERS ABSENT: None.
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Pat McArtor, Brian Boelk, Rob Decker, John Roffman
SPECIAL EXCEPTION ITEMS:
1. EXC15-00006: a public hearing regarding an application submitted by Pat McArtor to reduce
the required front building setback for a garage to be located in the Neighborhood
Stabilization Residential (RNS-12) zone located at 1031 E. Market St.
The Board concludes that the situation is peculiar to the property based on the following
findings:
• While the abutting property on Clapp Street has a setback of less than 3 feet, setback
averaging results in a required setback of 10 feet.
• The subject property is a small, nearly square lot 65'x 70' with no alley access.
• The property has very limited space behind the house for uses such as patio or
recreation space.
The Board concludes that there is practical difficulty complying with the setback requirements
based on the following findings:
• The property is 4,550 square feet and square in shape.
• Because the property is located on a corner lot, the principal building setback applies
on both street frontages: Clapp Street and Market Street.
• The property has limited backyard space to allow outdoor use with privacy from the
street.
The Board concludes that granting the special exception will not be contrary to the purpose of
the setback regulations based on the following findings:
Because the requested setback reduction is along the street, it will not reduce
opportunity for maintaining light, air, and separation for fire protection and firefighting
between buildings.
Because the proposed garage provides the required 5 -foot rear setback from the
abutting property to the south, it will not reduce opportunity for privacy between
buildings.
• Properties on this frontage were established before current zoning standards and are
characterized by small lots with minimal setbacks. Setbacks along both Market and
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1. EXC15-00006: a public hearing regarding an application submitted by Pat McArtor to reduce
the required front building setback for a garage to be located in the Neighborhood
Stabilization Residential (RNS-12) zone located at 1031 E. Market St.
The Board concludes that the situation is peculiar to the property based on the following
findings:
• While the abutting property on Clapp Street has a setback of less than 3 feet, setback
averaging results in a required setback of 10 feet.
• The subject property is a small, nearly square lot 65'x 70' with no alley access.
• The property has very limited space behind the house for uses such as patio or
recreation space.
The Board concludes that there is practical difficulty complying with the setback requirements
based on the following findings:
• The property is 4,550 square feet and square in shape.
• Because the property is located on a corner lot, the principal building setback applies
on both street frontages: Clapp Street and Market Street.
• The property has limited backyard space to allow outdoor use with privacy from the
street.
The Board concludes that granting the special exception will not be contrary to the purpose of
the setback regulations based on the following findings:
Because the requested setback reduction is along the street, it will not reduce
opportunity for maintaining light, air, and separation for fire protection and firefighting
between buildings.
Because the proposed garage provides the required 5 -foot rear setback from the
abutting property to the south, it will not reduce opportunity for privacy between
buildings.
• Properties on this frontage were established before current zoning standards and are
characterized by small lots with minimal setbacks. Setbacks along both Market and
Clapp Street frontages are less than the 15 feet currently required by code. The
abutting property on Clapp Street is set just 2 feet from the street right-of-way line.
The Board concludes that any potential negative effects resulting from the setback exception
are mitigated to the extent practical based on the following findings: o
• The proposed garage will rely on the existing curb cut access, taperin� d�e wam
from approximatelyl6 feet at the garage entrance to 10 feet at the sil k iicrder—
to minimize paving. C.) r
• The street right-of-way line is located 5 feet inside (west of) the sidewali�� m
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• The proposed garage would be located 3 feet from the east property IClagp Street
right -of -way) -8 feet from the sidewalk.
• The proposed garage meets all other setback requirements.
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 applicant will make use of the existing curb cut and will taper the driveway to
minimize paving near the sidewalk on Market Street. By removing the paving
between the walkway that leads to the house and the driveway the applicant will
reduce opportunity for storing cars on the driveway, which does not comply with
current code requirements, and will better distinguish pedestrian space from vehicle
parking.
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 applicant has proposed a simple garage design that is not out of character with the
surrounding neighborhood.
• The garage meets all other setback requirements.
The Board finds that all utilities, access roads, drainage and facilities are established for this
neighborhood.
The Board finds that the reduction of the setback along Clapp Street will have no impact on
ingress or egress from the site because the driveway will rely on the existing curb cut along
Market Street.
The Board finds that the existing curb cut does not meet current access standards. The
applicant will therefore have to secure a minor modification before a building permit is issued.
The Board finds that, while the Comprehensive Plan does not speak directly to this situation, the
plan does encourage reinvestment in existing housing stock.
DISPOSITION: By a vote of 5-0 the Board approves EXC15-00006, to reduce the required front
setback along the Clapp Street frontage from 10 feet to 3 feet for property located at 1031 East
Market Street, subject to the following conditions:
• Substantial compliance with the site plan submitted. N
• Substantial compliance with the elevation proposed, with the garage being side&ith a
similar sizetwidth lap as the house. 0 r--
• Removal of paving between the driveway and walkway leading to % howa as�
proposed by staff. c7-<
• The applicant will secure a minor modification to establish the curb cut on-JQpKet`gtreetm
as a legally approved curb cut. M 70_
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2. EXC16-00007: a public hearing regarding an application submitted by JohrRoffd&
to reduce principal building setbacks for property located in the General Industrial (I-
1) zone at 2264 S. Riverside Drive.
The Board concludes that the situation is peculiar to the property based on the following
findings:
• It is somewhat unusual for an industrial zone to abut property zoned for residential uses.
In this case, the subject property is zoned 1-1 and abuts residential property along two
sides, reducing the buildable area of the site (for principal structures) by nearly one-half.
As shown in the site plan, all of the proposed buildings extend into the 100 -foot setback.
• The area requested for a setback reduction is along the widest point of the setback from
McCollister Boulevard right-of-way. This area of the property is located further from the
paved road than adjacent property.
The Board concludes that there is practical difficulty complying with the setback standards
based on the following findings:
• If required to comply with all the setback requirements, the storage units could occupy
less than one-half of the property.
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 proposed buildings are low, one-story self -storage units. The 20 -foot setback will
provide adequate space for firefighting and separation as well as opportunity for light
and air.
• A 20 -foot setback is the standard rear yard setback in residential zones. This will be
similar to the building separation established in the adjacent manufactured housing park.
• Self -storage uses are not characterized by frequent activity or heavy use and do not
generate noise, dust, odors, or glare nor do self -storage uses attract substantial vehicle
traffic associated with some industrial uses.
• All storage will be indoors.
• The 40 -foot setback required for residential uses located along arterial streets is
intended to separate or buffer residential properties from the noise and activity along
busy roadways and to preserve space for future right-of-way improvements, especially in
areas where roads were platted too narrow. McCollister Boulevard is an 85 -foot right-of-
way (with 30 -foot pavement width) along most of its length between South Gilbert Street
and Riverside Drive. The road curves along this portion of McCollister and, at a point
approximately 14 feet from the east property line, the right-of-way begins to widen,
reaching 125 feet at the west property line along Riverside Drive (40+ foot pavement
width).
The City Engineer does not anticipate the need for additional right-of-way along this
portion of McCollister Boulevard.
The Board concludes that any potential negative effects resulting from the setback exception
are mitigated to the extent practical based on the following findings: o
• The structures along the east and north property lines, where the 1-1z e—ab ts the—T]
residential zone, are one-story buildings (approximately 16 feet in height). y;1 z
• The site plan shows that all drives and loading areas will be located ag�froaI the r
residential zone. The storage buildings located near the east and north proo� line ill, rn
in effect, screen residential uses from the interior of the site--drivgspwldmgs
entrances, etc. Entrances to these two long buildings will face away from tleysidential
zone.
• The applicant has indicated the site will have security fencing and controlled 24-hour
access. Access will be from Riverside Drive only.
• The applicant has indicated that all lighting for the buildings will be downcast and located
under the soffits of the buildings to minimize glare or light trespass.
• Required S3 screening (consisting of tall, dense shrubs and trees) is required along
portions of the site that abut the residential zone. On the site plan this screening is
shown outside the perimeter fencing. A mix of trees/shrubs (variety of height and
species) will ensure that the screening is not a monotonous wall and reduce the
industrial aspect of the site.
• It has been observed that some self -storage facilities in the county are used as
workshops or other active uses. A condition expressly prohibiting such active use will
ensure that such activity does not take place on the site.
The Board concludes that the speck proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare based on the following findings:
• As noted above, self -storage uses are not characterized by frequent or heavy activity or
the kinds of externalities associated with many industrial uses. They do not generate
noise, dust, odors, glare, or substantial vehicle traffic and do not involve materials or
processes that may be dangerous or otherwise inappropriate or unpleasant in close
proximity to residential uses.
• Reducing the setback to 20 feet will not impede opportunity for fire separation or
firefighting.
• The property will be surrounded by security fencing and access will be limited to
Riverside Drive.
• All driveways, loading areas, and entrances to the buildings will face away from the
residential zone.
The Board concludes that the speck 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 su(%,
property is located based on the findings above and these additional findings:
• The proposed storage buildings that abut the residential zone are 'to
structures. Limiting the height of these buildings to 20feet is similar to resi 1 buiiIding 6
heights (single-family residential zones allow building up to 35 feet in heig �
• A 20 -foot setback is the standard rear yard setback in residential zones, al tl . will
be similar to the yard separation established in the adjacent manufactured h"" g park.
• All active areas of the site are screened by the perimeter buildings on the ndih andj�st
property lines, eliminating views of drives and loading.
• The setback reduction requested along McCollister will affect only the building near the
south property line, which is located along a wider portion of right-of-way. In effect, the
property itself is already set back further from the sidewalk and paved street than
adjacent property.
• Self -storage is the most benign of allowed industrial uses in terms of traffic, dust, noise,
glare, odors, etc. With the security features proposed by the applicant (lighting under
soffits and 24-hour controlled access) and the recommended screening and fencing
proposed by staff (to reduce the industrial aspect of the site and break up the length of
the perimeter buildings), the setback reduction should not impede the development of
the adjacent residential zone and will not impact adjacent public property.
The Board finds that adequate utilities, access roads, have been or are being provided. The
Board finds that a portion of the site is located along a drainageway, which runs approximately
parallel to the east property line in the area where the longest storage building is proposed. The
City Engineer has reviewed the applicant's concept for addressing stormwater drainage and
believes it is workable. A detailed review of the stormwater drainage is required as part of site
plan approval.
The Board finds that the property has one entrance drive from South Riverside Drive. Given the
anticipated traffic generated by the self -storage use, this should be adequate.
The Board finds that all other aspects of the proposed plan not discussed here, will be reviewed
as part of the building permit and site plan review process.
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 calls for this area to be developed and even expanded
for industrial uses as they are displaced closer to central portions of the City.
• The Plan acknowledges the conflicts that occur between residential and industrial uses
but states, that industrial uses "should be allowed to operate in a reasonable manner
within the areas zoned for those uses without the friction that occurs when
industrial/intensive commercial uses and residential uses are located too closely
together."
• The South Central District Plan and the South District Plan (the South District being
located to the east of Iowa River) call for enhanced entryway aesthetics. Both plans
Doc
KindIODECI 026032660005 Type: GEN
SI ON
Recorded: 07/13/2015 at 11:43:24 Art
Fee Amt: $27.00 Pape 1 of 5
Johnson County Iona
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 318/358-5230 Kim Painter County Recorder
DECISION eK5395 PG288-292
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, June 10, 2015
EMMA J. HARVAT HALL FCC
MEMBERS PRESENT: Becky Soglin, Larry Baker, Connie Goeb, T. Gene Chrischilles
MEMBERS ABSENT: Brock Grenis
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Mitch King, Gary Klinefelter, Janet Crigger, Chad Crigger
SPECIAL EXCEPTION ITEMS:
1. EXC15-00009: A public hearing regarding an application submitted by Mitch King to allow a
non -conforming rooming house to be converted to another non -conforming use of less
intensity for property located in the Neighborhood Stabilization Residential (RNS-20) zone at
332 Ellis Avenue.
The Board concludes that the proposed use will be located in a structure that was designed for
a use that is not currently allowed in the zone based on the following findings:
• The subject building was designed for a group living use with shared kitchen and
bathroom facilities.
• Rooming houses are not permitted in the RNS-20 zone.
• While fraternity uses are a permitted in the zone—no fraternity has been present on the
property for several decades.
The Board concludes that the proposed use is of the same or lesser level of intensity and
impact than the existing use based on the following findings:
• The proposal would result in a substantial reduction of occupants: the 11 apartments
would provide a total of 15 bedrooms; the rooming house currently provides 25
bedrooms.
• By reducing the number of bedrooms the use may reduce opportunities for the sort of
externalities associated with a larger resident population, such as traffic, noise, parking
congestion, etc.
o To ensure that the proposed use results in an actual reduction in intensity,
Board recommends imposing a condition regarding maximum occupancy of
units.
The Board concludes that the proposed use is suitable for the subject structure and site based
on the following findings:
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• The applicant's draft plans show one -bedroom units at approximately 5l squag; feet
and two-bedroom units at approximately 690 square feet. m C
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• Special attention has been given to the apartment units proposed at the basement level.
The applicant has proposed tiling to direct water away from the basement level and to
waterproof these units. If necessary a sump pump will be installed.
o To ensure the quality of apartments at the basement level, the Board
recommends that waterproofing and tiling be a condition of the special exception.
The Board concludes that the structure will not be structurally altered or enlarged in such a way
as to enlarge the non -conforming use based on the applicant's proposed plans, which show no
enlargement to the building footprint and an overall reduction in bedrooms.
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:
• By re -opening the front (main) entrance to the property, the building itself will comply
with the mufti -family standards and be able to provide an ADA accessible entrance as
required in the zoning code.
• Proposed modifications to the parking area to bring it closer to conformance with the
code standard should improve safety.
• The proposed plan reduces the number of bedrooms on the site and brings it closer to
conforming to the underlying zoning.
The Board concludes that the establishment of the speck 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 (RNS-
20) zone acknowledges the mix of residential uses, including multi -family structures.
• Most RNS-20 properties in the vicinity are multi -family or fraternity uses.
The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided for the property. While there are no sidewalks along Ridgeland
Avenue, this right-of-way functions practically as an alley.
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 exception will not result in an increase in traffic.
• The subject property has vehicle access from both Ellis and Ridgeland Avenues in
addition to the shared access drive on the north side of the property.
• The applicant is required to pave the parking area off the alley to the south of the
building and provide the setback and screening required. 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, confGws to
the applicable regulations or standards of the zone in which it is to be locateruased r the
following findings: TWvc- C_ ..�
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• Presently the building lacks a street facing entrance, which is required in the multi -family
standards in the Zoning Code. The door that appears to be on the front is actually
blocked by an interior wall. This proposal will bring the structure into compliance with the
multi -family standards. The applicant will amend the first floor plan to allow a main
entrance from the Ellis Avenue side of the building—provide a three bedroom unit and
an efficiency apartment along the front of the building in order to provide space for a front
entrance and hallway to connect with the central corridor.
• The parking areas that serve this property are non -conforming with regard to the number
of spaces provided, paving, setbacks, screening, and pedestrian access. The applicant
has provided a plan for showing 14 spaces. An additional space will be required to
accommodate the change in the first floor bedroom from a 2- bedroom to a 3 -bedroom.
• The applicant's design re -adapts the existing paved and graveled areas that currently
serve the site. The plan shows 8 parking spaces at the rear of the building along
Ridgeland Avenue and 6 spaces located south of the building, which area is accessed
from a public alley.
• The zoning code requires that all parking areas be set back and screened from adjacent
properties and adjacent rights of way. The code also says that no parking area shall 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 (east and west) 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.
• The applicant's site plan shows a parking area along the south side of the building so that
parking is set back even with the front fagade of the building. Given the constraints on the
property due to the deep front setback, the additional space may for the 3 -bedroom
apartment can be accommodated in this area through a Minor Modification.
• The submitted site plan shows the required screening provided along the west edge of
the parking area as well as a sidewalk connection from the side entrance. This should
also be aligned with the sidewalk that connects to the front entrance.
• At the east end of this parking area a ten -foot setback is required. The proposed site plan
should be modified to show the landscaped area extended is 10 -feet from the property
line. This is similar to what has been provided on other properties along Ridgeland. S2
screening will be required in this area on the private property.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended based on the following finding:
• The Comprehensive Plan encourages the adaptive re -use and preservation of structures
so long as the use is compatible with the surrounding neighborhood. The proposed plan
is consistent with the Comprehensive Plan because it substantially reduces the number
of residents on the property (comparable to the number of bedrooms permitted on a
property of this size).
DISPOSITION: By a vote of 4-0 (Grenis absent) the Board approves EXC15-00009, an
application to allow conversion of a non -conforming Independent Group Living Use to a non-
conforming Multi -Family Use located at 232 Ellis Avenue in the RNS-20 zone subject to the
following conditions:
A. The occupancy of the converted use, specifically a Multi -Family Use, shall be regulated
as follows:
• Efficiency unit is limited to one individual;
• 1 -bedroom and 2 -bedroom units are limited to a family as currently defined in the
zoning code;
• 3 -bedroom unit is limited to a household as currently defined in the zoning code
B. The converted use shall consist of 11 dwelling units: 1 efficiency, 7 one -bedroom units, 2
two-bedroom units, and 1 three-bedroom unit.
C. Substantial compliance with the floor plan submitted, with the adjustments to the first
floor units to be approved by the Building Official.
D. Waterproofing and tiling of the basement level to ensure a healthy living environment.
E. Substantial compliance with the site plan submitted with modifications to the parking
areas as indicated by staff.
F. In order to establish the conversion, the applicant must apply for a building permit.
G. Upon steps being taken to establish the conversion—issuance of a building permit and
commencing of renovations—any right to re-establish a rooming house on the property
shall be extinguished.
2. EXC15-00010 – A public hearing regarding an application submitted by Chad Crigger to allow
a reduction in the principal building setback for the installation of a 6 -foot privacy fence in the
Low Density Single -Family Residential (RS -5) zone at 2525 Princeton Road.
The Board concludes that the applicant has not shown by a preponderance of evidence there is
a practical difficulty in complying with the setback requirements.
• The Iowa City zoning code requires a 48 -inch (4 feet) high fence for all swimming pools.
• Fences up to 4 feet are permitted in the front principal building setback.
• A 6 -foot fence is not required by the applicant's insurance.
• While fences over 4 feet in height may not be located within the front principal building
setback, such a fence may be located at the setback line.
• The subject lot is over 17,000 square feet. There is space within the setback to provide
more than 3,000 square feet approx. of open space/play area, and installing the fence at
the required principal building setback will not eliminate the usability of the space/play
area either inside or outside the fence.
• Other corner lots in the neighborhood and elsewhere provide the required setback for
fences.
The Board concludes that the applicant has not shown by a preponderance of evidence that
granting the special exception would not be contrary to the purpose of the setback regulations
with regard to reflecting the general building scale and placement of structures in the City's
neighborhoods based on the following findings:
• The placement of 70 feet of solid fencing located closer to the street than the house is
not in keeping with the character of the neighborhood.
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• The surrounding neighborhood has developed with deeper than the standard setbacks,
and few properties (even corner properties) have any fence. However, those that do
have fencing meet the setback standard, including corner properties.
Because the applicant failed to meet these two criteria, no further analysis of the application for
the special exception is needed.
DISPOSTION: By a vote of 1-3 (Grenis absent) the Board denied the reduction in the front
principal building setback requirement to 10 feet along the Mt. Vernon Drive Street right-of-way
line.
TIME LIMITATIONS:
All orders of the Board, which do not set a speck 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
STATE OF IOWA
JOHNSON COUNTY
Approved by:
City Attorney's Office
I, Marian Karr, 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 June, 2015, as the same
appears of record in my Office.
Dated at Iowa City, this day of 20 i 5
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Maria -6-K. Karr, City Clerk
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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, AUGUST 12, 2015
EMMA J. HARVAT HALL
MEMBERS PRESENT: Becky Soglin, Brock Grenis, T. Gene Chrischilles, Larry Baker, Connie
Goeb
MEMBERS ABSENT: None. o
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Steve Rohrbach = r
Hca
SPECIAL EXCEPTION ITEMS: M tit i
EXC15-00012: A public hearing regarding a special exception by MidWestCftBan cpo allow,
an increase in the maximum allowed building area for a Personal Service Or%nted Dail Use
in the Neighborhood Commercial (CN -1) zone at 2233 Rochester Avenue.
The Board concludes that the increased floor area will be supportable primarily by residents
of the surrounding area, based on the following findings:
• The proposed expansion is for a small, branch bank that has functioned at the corner for
nearly 30 years and principally serves residents in the surrounding residential
neighborhoods—portions of the Northeast and Central Planning Districts.
• The expansion to the building is modest—approximatety 1,500 square feet.
The Board concludes that the proposed exception will be consistent with the stated intent of the
CNA zone based on the following findings:
• The commercial area provides a number of small-scale essential uses that principally
serve surrounding neighborhoods—banking, groceries, pharmacy, medical and other
services, and a gas station.
• The proposed expansion improves the pedestrian character of the site by bringing the
building closer to the sidewalk; providing marked pedestrian access from the sidewalk
on Rochester Avenue to the front entrance; and eliminating 5 parking spaces at the
northeast corner of the site in order to provide a required setback and separation
between the parking area and the sidewalk and intersection.
The Board concludes that the speck proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare based on the following findings:
• By providing marked pedestrian access from Rochester Avenue and increasing setbacks
and screening between the parking area and the public sidewalk, the expansion should
create a safer environment for pedestrians without compromising vehicle circulation or
access to the parking spaces or drive-through.
• By moving the handicapped parking to the north side of the building, the parking area
will comply with ADA requirements. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 026099760003 Type: GEN
Kind: DECISION
Rcorded: 09/14
Fee Amt: $17.0012015 Page it of 341:20 AM
Johnson county Iowa
Kim Painter county Recorder
5422 PG785-787
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.
• The expansion of the building and the improvements to the streetside setbacks and
landscaping should create for a more attractive comer commercial property and bring it
closer to compliance with the commercial site development standards and CN -1 zone
requirements.
• The property should continue to function as it has for many years as part of a successful
neighborhood commercial area serving this portion of northeast Iowa City.
Based on the findings provided above with regard to closer compliance with the CN -1 standards
and because the use is part of a healthy commercial center that primarily serves the
surrounding neighborhoods, the Board concludes that the 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.
The Board finds that the adequate utilities, access roads, drainage and/or necessary facilities
are already being provided for this commercial corner, which is fully developed.
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 there being no
changes proposed to ingress and egress from the site or to drive-through services at the bank.
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 proposed changes will bring the property closer to conformance with CN -1
standards.
• Given the size of the site and the location of the existing building, the applicant is
somewhat limited in the setback improvements that can be made to the site and cannot
meet all the standards without extensive redevelopment of the property.
• While setbacks north of the driveway along First Avenue cannot be expanded, the
parking is oriented away from the sidewalk rather than abutting the sidewalk. South of
the driveway a parking space is removed to provide the required setback.
• The applicant is required to secure a minor modification to allow the expansion to be
made without adding a pedestrian access from First Avenue (in addition to the
Rochester Avenue access). Staff believes that such a modification is warranted—this
access cannot be created without eliminating more parking and interrupting the vehicle
circulation on the lot. Staff does not believe there is a significant safety issue here due to
the small size of the lot and limited parking on the site.
• A final site plan and building design must be submitted to design review to assure
compliance with all other standards for CN -1 zone (e.g., minimum storefront window
requirements, etc.).
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The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended, because the Plan shows this area as Neighborhood Commercial.
DISPOSITION: By a vote of 5-0, the Board
compliance with the submitted site plan with all
Design Review approval of proposed elevations
TIME LIMITATIONS:
approves EXC15-00012 subject to substantial
S2 screening along the streetside lot lines and
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 -1E, City of Iowa City, Iowa.
Approved by: C�l"LJ
Brock Grenis, hairperson
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, 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 12th day of August, 2015,
as the same appears of record in my Office.
Dated at Iowa City, this // day of
20 1$
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K. Karr, City Clerk 0 Cfit`
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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, September 9, 2015 and MONDAY, September 15, 2015 (continuation of public
hearing on EXC-000013)
EMMA J. HARVAT HALL
MEMBERS PRESENT: Brock Grenis, Connie Goeb, Becky Soglin, Larry Baker, T. Gene
Chrischilles (all present 9/9/15 and 9/15/15)
MEMBERS ABSENT: None.
STAFF PRESENT: Sue Dulek (9/9/15 and 9/15115), Sarah Walz (9/9/15), Karen Howard
(9/15/15), Kent Ralston (9/15"15)
OTHERS PRESENT: Loren Hoffman (9/9/15), John Roffman (9/9/15), Siobhan Harmon (9/9/15
and 9/15/15), Keith Weggen (9/9/15), Todd Davis (9/915), and Carmen Davis (9/9/15)
SPECIAL EXCEPTION ITEMS:
1. EXC14-00008: Discussion of an application submitted by St. Andrew Church to allow a
Religious/Private Group Assembly Use in the Planned Development Overlay Low Density
Single -Family Residential (OPD -5) zone north of Camp Cardinal Blvd. and east of Camp
Cardinal Road.
The Board finds that the proposed site plan indicates that the location of the church building
exceeds the minimum building setback requirements of the base RS -5 zone. Building
setbacks are: 162 feet from the west (front) property line; 724 feet from the east (rear)
property line; 298 feet from the north (side) property line; and 479 feet from the south (side)
property line.
The Board concludes that the proposed use will be designed to be compatible with adjacent
uses based on the following findings:
• The adjacent properties to the west (Lot 2 and Outlot A on the site plan) are owned
by the church. It is their intent to sell these properties for residential development.
• The setback between the Elder Drive and the north parking area varies from
approximately 30 to 50+ feet and includes a 3 -foot high berm area north of the
driveway entrance.
• The south parking area is set back 25+ feet from the street.
• The site plan shows both areas with substantial landscaping between the parking
and the street—more screening than is required by code.
o Because no plant species are indicated on the plan, the landscaping is
subject to staff approval.
o
Because the property is in a somewhat rural, open setting with wQQdlands
and wetlands, all landscaping must comply with the Burr Oak -Land Must list
('bei
of recommended plant species. f
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Doc ID: 026129800009 Type: GEN
Kind: DECISION C 0 m
Recorded: 10/19/2015 at 01:48:18
PM
Fee Amt: $47.00 Pape 1 of 9
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Johnson County Iowa
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Kim Painter County Recorder
BK5435 PG628-636
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The Board concludes that the amount parking proposed in the site plan is not excessive
given the remote location of the church and the relative lack of street connectivity in the area
due to surrounding slopes, ravines, and woodlands.
The Board concludes that the placement of the parking areas between the church building
and the street are appropriate based on the following findings:
• The City's subdivision regulations require the church to construct Elder Drive to the
north property line to allow access for future development,
• Placement of the church building, as proposed in the site plan, will help to minimize
disturbance to sensitive environmental features and will allow the church to provide
an at -grade entrance from the parking area to the sanctuary of the church;
• The church is the first property to develop this area,
• The church property contains adequate space to provide additional setback and
landscaping from the adjacent residential street and from abutting property to the
north.
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 findings above regarding setbacks, screening, and size and
location of the church property and building.
The Board finds that the multi -family site development standards require parking areas to be
located behind the building and that the applicant must seek a Minor Modification to place
the parking between the church building and Elder Drive. The Board concludes that the
proposed setbacks, berm, and substantial landscaping shown on the site plan adequately
address any impact that the parking areas may have on the public street or development of
properties to the west. The Board finds that the elevations of the church building must be
reviewed by building staff in order to assure compliance with the multi -family standards with
regard to building materials, articulation of building walls, etc.
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 church will be located along a collector street, Elder Drive, which is
appropriate to handle this level of traffic.
• The parking areas are designed with appropriate drive circulation and median islands
to provide for safe movement within the lot.
• Parking areas are set back more than 25 feet from the public sidewalk to minimize
conflict with pedestrians.
• Pedestrian access is provided along a sidewalk along the north drive. This sidewalk
connects directly to the front entrance of the church without crossing drives or
parking areas. o
• Additional walkways provide access to the parking areas. -mss n C:) -.;-
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The Board concludes that the specific proposed exception will not be injuAOr toe use
and enjoyment of other property in the immediate vicinity; will not substantiajtg..?dinWish or
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impair property values in the neighborhood; and will not impede the normal and orderly
development and improvement of the surrounding property based on the findings above with
regard to setbacks, landscaping, and topography
The Board finds that all utilities must be provided as part of the construction of Camp
Cardinal Road and Elder Drive, which will provide appropriate access to the church
property. Stormwater management and drainage for the site will be addressed as part of the
building review process.
The Board finds that ingress and egress are provided from two driveways located along the
east side of Elder Drive, a collector street. The majority of cars entering the church site will
be right-hand turns, minimizing congestion on the public street. For exiting traffic, there is
adequate space to stack along drives within the parking area.
The Board finds 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. As noted
above, the applicant must be granted a Minor Modification to allow the location of the
parking area between the church building and the street. A final site plan and building plans
must be submitted for review to ensure all other aspects meet the multi -family site
development standards in the code.
The Board finds that the Comprehensive Plan shows this area as appropriate for residential
development at 2-8 dwelling units per acre. The area west of Camp Cardinal road is shown as
appropriate for 8-16 dwelling units per acre. The Comprehensive Plan encourages the
location of institutional uses in or in close proximity to residential neighborhoods, provided that
street access and site design are appropriate.
DISPOSTION: By a vote of 5-0, the Board approved EXC14-00008, a special exception to
allow the establishment of a Religious/Private Group Assembly Use in the Overlay Planned
Development/Low Density Single -Family (OPD -5) zone north of Camp Cardinal Boulevard
and east of Camp Cardinal Road, subject to following conditions:
• Substantial compliance with the site plan submitted.
• Compliance with all elements of the Conditional Zoning Agreement.
• Staff approval of the final landscaping plan—landscaping to comply with the Burr
Oak Land Trust list of recommended plant species.
2. EXC15-00013: Discussion of an application submitted by Kum and Go to establish a Quick
Vehicle Service Use in the Riverfront Crossings -West Riverfront Subdistrict (RFC -WR) zone
on Benton Street between Riverside Drive and Orchard Street.
• The Board concludes that all vehicular use areas are screened from adjacent rights-
of-way based on the following findings:
The site plan shows the required S2 screening along the east and south sides of the
parking are adjacent to Riverside Drive and Benton Streets.
A freestanding screen wall, which is required in the Riverfront Crossings code for
parking areas that are not completely screened by buildings, is also indicated along
the east and south sides of the parking area. _
Landscape screening also is indicated to the west of the vehicle se y'!amanv'arki�agg
area. S3 landscape screening is required and should be located 10%X1&fee9Com tIh
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Orchard Street right-of-way in order to ensure that the open space on the
commercial site is well-maintained and visible from within the commercial building.
The Board concludes that sufficient vehicle stacking spaces will be provided to prevent
congestion and vehicle conflicts along abutting streets based on the following findings:
• The canopy and gas pumps are centered within a paved area that is 226 feet x 94
feet to provide ample space for cars accessing the vehicle service area as well as
those approaching the parking spaces along the west and north of the convenience
store.
o A 35 -foot aisle is provided between the parking row and gas canopy.
o A 40 -foot drive is provided north of the gas canopy as well as on the east and
west sides of the canopy to allow space for delivery trucks to navigate through
the service area.
The Board finds that the submitted site plan shows that the setback for the gas pump
islands meets the 100 -foot requirement from the residential zone, which is located at the
centerline of Orchard Street and is more than 40 feet from all other street rights-of-way.
The Board finds that all exterior lighting must be reviewed as part of the building permit
process. All lighting that is required must meet the lighting standards in the code.
The Board concludes that the proposed use will be designed and developed with adequate
separation and screening between vehicular use areas and adjacent residential zones,
based on the following findings:
• The site plan shows a 40 -foot setback between the parking area and the west property
line, south of the driveway entrance. S3 screening is required in this location and is
defined as enough shrubs and small evergreens to form a continuous screen or hedge
at least 5-6 feet in height and more than 50% solid year round. In order to ensure that
open space on the site is maintained as part of the commercial use and remains safe
and visible from the commercial building, S3 screening should be placed closer to the
property line (10-15 feet from the sidewalk).
The Board finds that no carwash is proposed as part of this development.
The Board finds that the applicant is not seeking any waivers from the "Riverfront Crossings
Form Based Development Standards" beyond what may be accomplished through the minor
adjustments process that are part of staff review.
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 site plan consolidates two existing driveways onto Riverside Drive into
one drive to be located 146 feet from the intersection; and eliminates th"xisting
driveway access onto Benton Street; locating secondary access onto OrchakFistreet.
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• The proposed access onto Riverside is located as far north as possible *m thri t
intersection to avoid conflicts with queuing traffic at the intersectiors-and is-eppos E:
the alley curb cut on the east side of Riverside Drive. �}
A 4 -foot non -solid fence should located along the north property line will discourage
customers from accessing the site from areas other than the public right-of-way
thereby reducing trespassing through the adjacent residential parking 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 based on the
following findings:
• The property is located along a busy commuter corridor and zoned to allow commercial
use with parking set to the rear.
• A deep setback and S3 screening along the west property line will reduce the impact of
light and noise on adjacent residentially zoned properties.
• The setback and landscaping along the north property lines will provide a buffer between
the vehicle service area and the residential use currently under development. By
coordinating a landscape plan between the two abutting properties (both zoned RFC -
WR) the applicant will have space to provide some over -story trees to shade the parking
lot and reduce light escape onto the abutting property and provide for substantial visual
separation.
• A 4 -foot fence along the north side of the parking area will compel pedestrians to access
the commercial site from the adjacent rights-of-way and minimize litter that may be
generated by the commercial use from escaping onto the residential property.
• The impacts of light and sound associated with the vehicle service use will be minimized
by the following two conditions:
o No decorative or accent canopy lightingor lighted signage shall be included on
the north and west sides of the canopy, which face toward residential uses.
o Amplified sound (such as music or advertising) is prohibited outside the building.
Intercoms may be used under the canopy for customer service only.
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 utilities and access roads are in place for the development of the property.
• A 10 -foot dedication to the Riverside Drive right-of-way is required as a condition of the
rezoning to allow for enhancement of the pedestrian facilities.
• Any necessary drainage will be addressed through the site plan review as a part of the
building permit process.
The Board concludes that 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 findings provided
above with regard to consolidation of access points and the following findings:
• The location for vehicle access to the property has been reviewed by the City'Engineer
and Traffic Engineering staff.
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• Vehicle access points have been consolidated along Riverside DrcreEondglosedIT
Benton Street.
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• Vehicle access from Orchard Street has been determined to be appropriate and safe
and are requirements of the Conditional Zoning Agreementrecommended by the
Planning and Zoning Commission.
• Riverside Drive and Benton Street are arterial streets, designed to handle traffic -
generating uses such as the one proposed.
• There is adequate space on the commercial site for vehicles to stack while wafting to
enter the public 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.
• The applicant must submit the building and site plans for design review to ensure
compliance with all aspects of the form -based code. All items not specifically addressed
in this report must comply with the Riverfront Crossings regulation plan.
• A screen wall that matches or complements the wall to be provided on the abutting
property to the north, which is currently under development, will provide the enhanced
streetscape envisioned in the Riverfront Crossings plan. This can be coordinated
through the Design Review process.
• The dumpster location adjacent to the public sidewalk on Benton Street should be
relocated to a more appropriate location on the site. The final location to be approved
through the Design Review process.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended, based on the following findings:
• The subject property is located in the West Riverfront Subdistrict of Riverfront Crossings.
• The proposed redevelopment of the site will help create a more pedestrian -friendly
character along Riverside Drive and Benton Street by enhancing the streetscape and
overall aesthetics, tempering auto -dominated frontages by locating buildings closer to
the street with parking behind or to the side of buildings.
• The proposed site plan will consolidate existing driveways along Riverside Drive and
close off existing driveway access from Benton Street.
• The convenience store includes a restaurant component, which should attract and serve
pedestrian and bicycle traffic from the residential properties that surround it.
DISPOSITION: By a vote of 4-1 (Chrischilles voting no) the Board approves EXC15-00013, a
special exception to allow a Quick Vehicle Service use in the Riverfront Crossings -West
Riverfront Subdistrict (RFC -WR) zone, subject to the following conditions:
• Compliance with the Conditional Zoning Agreement.
Design Review of final site and building design for compliance with the form -based code,
including the coordination of the wall screen and landscaping of the nodh setNI* with
the adjacent property; S3 landscaping along the west side of the site shaij be loud 10�
15 feet from the west property line; and the re -location of the dumpsgr-to% more;
appropriate location on the site away from the street right-of-way. n _
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• Installation of a 4 -foot, durable open -pattern fence along the north property line. Fence
may not be galvanized chain link or wood.
• No amplified sound on the exterior of the building except for customer service intercom
at the gas pumps.
• No decorative lighting or lighted signage on the north or west face of the canopy.
[The Board of Adjustment continued the public hearing to a special meeting held on
September 14, 2015, to allow staff to provide additional information on vehicle access to the
proposed development. The Board received additional information from staff, made its
findings of fact, and voted to approve the special exception at the special meeting.]
3. EXC15-00015: Discussion of an application submitted by Todd and Carmen Davis to allow a
School of Specialized Instruction to be located in the intensive Commercial (CI -1) zone at
2001 Stevens Drive.
The Board concludes that the use will be functionally compatible with surrounding uses,
such that the health and safety of clients/students are not compromised based on the
following findings:
• The karate facility requires a large amount of interior space to accommodate a limited
number of participants. The school will make use of the entire interior space, which
consists of 3,600 sq. ft. open interior.
• All activities related to the karate school occur indoors.
• The surrounding neighborhood consists of warehouse space and low -intensity
automotive, general office, and tool supply operations. Because surrounding uses
operate primarily indoors and do not create excessive noise, dust, or vibrations or
present other risks to the users of the karate school, staff believes that the proposed use
will be compatible.
• The karate facility will operate primarily after working hours and on weekends
(Weekdays 5-9:00 p.m. and Saturdays).
• According to the applicants, class sizes tend to be small 10-20 participants and do not
generate significant vehicle traffic.
• The minimum parking standards for specialized educational facilities require 2 parking
spaces per classroom, the property currently provides 12 off-street parking spaces.
• The subject property has adequate vehicle access from South Gilbert Street, an arterial
street, via both Stevens Drive and Southgate Ave.
• The property was developed originally under the warehouse provisions in the code and
thus no bicycle parking was required. The proposed use should provide four bike parking
spaces.
N
Based on the findings provided above, the Board concludes that the specific pWposed
exception will not be detrimental to or endanger the public health, safety, comfort or genergl
welfare; will not be injurious to the use and enjoyment of other property in the irrlriiediattE�icinity;j 1
will not substantially diminish or impair property values in the neighborhood; and -wilt notimpec=
the normal and orderly development and improvement of the surrounding protrerty idr usks
permitted in the zone.
The Board finds that adequate utilities, access roads, and drainage are already in place to serve
this facility. Sidewalk access from Gilbert Street is provided along Southgate Avenue and along
the east side of Stevens Drive.
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 property was recently developed and the parking area and access points were
approved as meeting current code standard.
• Stevens Drive provides direct access to South Gilbert Street and is adequate to handle
the limited traffic generated by the karate school, which operates primarily on weekends
and evenings when most other businesses in the area are closed.
• The karate school has operated for a number of years at a nearby property in the zone
without issue.
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 property at 2001 Stevens Drive was recently developed and complies with
all standards of the CI -1 zone.
• The change in use from a warehouse facility to a school of special instruction
requires the applicant to provide 4 bicycle parking spaces.
Any signage for the property must be approved by the building official.
The Board finds that the South District Plan designates this area as appropriate for
commercial uses.
DISPOSITION: By a vote of 5-0, the Board approved EXC15-00015, an application for
specialized educational facility, to be located in the Community Commercial (CI -1) zone at 2001
Stevens Drive subject to an application for a building permit to establish the change in use and
provision of 4 required 'bicycle parking spaces.
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 -1E, City of Iowa City, Iowa. o
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Brock renis, Chairperson
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City Attorney's Office
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STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, 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 00th day of Month, 2015, as the
same appears of record in my Office.
Dated at Iowa City, this /b� ahti day of GgG'GW4eO —,20 1-5
Maria . Karr, City Clerk
COPPORATE SEAL
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Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, October 14, 2015
EMMA J. HARVAT HALL
Doc ID: 026153220005 Type: GEN
Kind: DECISION
Recorded: 11/16/2015 at 11:18:59 AM
Fee Amt: $27.00 Page 1 of 5
Johnson County Iowa
Kim Painter County Recorder
SK5445 PG326-330
MEMBERS PRESENT: Connie Goeb, T. Gene Chrischilles, Becky Soglin, Larry Baker
MEMBERS ABSENT: Brock Grenis
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Richard Arthur
SPECIAL EXCEPTION ITEMS:
1. EXC15-00011: A public hearing regarding an application submitted by Hidalgo Properties,
LLC, for a special exception to allow residential uses above first floor commercial in the
Community Commercial (CC -2) zone located at 1950 S. Gilbert Street.
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The Board finds that the proposed dwellings will be located on the second floor of a
proposed two-story building. The Board finds that the zoning code requires 2,725 square
feet of lot area for each dwelling unit: the subject property provides a total of 0.51 acres or
approximately 22,215 square feet—enough for 8 dwelling units.
The Board concludes that safe access for residents is provided for residents based on the
following findings:
• The proposed site plan shows a building design with residential entrances on the east
and west sides of the building—the west entrance fronts onto Gilbert Street.
• Sidewalks are already established along both Gilbert Street and Southgate Avenue.
• The site plan shows adequate space for the applicant to provide a sidewalk from the
Gilbert Street right-of-way.
• Access to the individual units will be provided from a central corridor on the second
floor of the building.
The Board finds that in order to secure a building permit, the applicant will be required to
comply with standards regarding the height of the ground floor elevation, the minimum ceiling
heights for commercial uses, and building code standards for commercial uses.
The Board finds that the property is located within the 500 -year flood zone: the 0.2% flood
elevation is 646.5 feet and the grade around this building is 644 feet. The floodplain
standards require that the ground floor elevation be located 1 foot above the floodplain and
flood proofed to that level.
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 subject property is centrally located in close proximity to commercial areas and
employment centers.
• The property is served directly by a continuous sidewalk network that connects to the
Waterfront Drive commercial area to the east and to the Gilbert Street commercial
area to the north. A sidewalk connection to the Iowa River and Highway 6 trails is
located approximately a quarter mile to the north.
• The area is served by two bus routes—Broadway and Cross Park; both routes have
stops at the corner of Southgate and Gilbert.
On -street parking is allowed along Southgate Avenue.
• The residential entrance at the east end of the building provides elevator access to
the second floor. This will allow the applicant to provide, upon request of a tenant, a
handicapped parking space adjacent to the entrance.
• An open space area at the east end of the building, as shown in the site plan, will
prevent trespassing from adjacent commercial property to the north and east. Staff
recommends that the applicant provide a functional amenity, such as a picnic table or
seating, in this area. This will allow the open space area to safely serve as private
recreation space for the residents.
• The subject property is located in the 500 -year floodplain and therefore must comply
with the floodplain regulations.
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:
• Other properties in the immediate vicinity have residential units above the commercial
level.
• Additional multi -family development is anticipated north of Highway 6 as part of
Riverfront Crossings District.
• Other residential uses in the area include single-family housing at Hilltop Mobile Home
Court. A block to east is Shelter House, Four Oaks, and MECCA, which are all social
service uses that provide housing on a temporary basis.
• Properties to the north and west are zoned CC -2 and include a mix of office, repair, and
warehouse uses. Most activities are indoor in nature.
• Properties to the south and east are undeveloped and currently zoned CI -1 but are
contemplated for mixed-use development in the draft of the South District Plan currently
before City Council.
• The proposed development provides more than the minimum parking required for the
commercial and residential uses (28 spaces are required; 32 spaces are proposed). On -
street parking is allowed along Southgate Avenue, east of Gilbert Street.
The Board concludes that 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 findings provided above in addition to
the following findings:
• The current draft of the South District Plan contemplates mixed-use development in this
area. Given the close proximity of this area to general commercial uses, employment
centers, trails, and parks, the area is appropriate for residential uses.
• A common driveway access along the east property line should be provided from
Southgate Avenue. This will require a cross access easement so that vehicles may
move between properties once the abutting property develops.
• The applicant should also establish a cross access easement between the subject
property and the CC -2 property to the north (which is under the same ownership). This
will ensure continued cross access should either property change ownership or
redevelop. Cross access minimizes the number of curb cuts onto the adjacent streets
and thereby reduces traffic conflicts.
• All access roads and other facilities are in place, including sidewalks.
• 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 findings above
regarding cross access and driveway locations.
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 building provides tenant entrances on the east and west ends of the building.
Pedestrian access should be provided between Gilbert Street and the west entrance.
There is adequate space to add a sidewalk along the north property line without
reducing the number of parking spaces.
• 28 parking spaces are required for the proposed development: 8 spaces for residential
uses and 20 spaces to meet the 1 space per 250 sq. feet standard for the commercial
uses. The site plan shows 32 spaces. Two handicapped parking spaces are located
adjacent to the east end of the building where an elevator entrance is provided for
residential uses. One handicapped space should be located adjacent to one of the
commercial store entrances. The applicant is required to provide an additional
handicapped space adjacent to the east entrance if requested by a tenant.
• There is adequate space for bike parking on both the east and west ends of the building.
These additional standards must be met in order for the applicant to obtain a building
permit.
o The final plan must demonstrate that the property meets the floodplain
regulations in order to obtain a building permit.
o If the applicant is unable to achieve a 10 -foot setback along the south side of the
parking lot, a minor modification may be required. The property owner was
required to dedicate 10 -feet along Southgate Avenue to the ROW. As a result,
the south property line is already approximately 11 feet from the sidewalk. Given
the distance from the sidewalk and the fact that the south portion of the parking
area shows a single row of parking facing inward, toward the building, staff
believes a minor modification would be an appropriate request.
o A dumpster location must be provided at the east end of the property—away
from the Southgate right-of-way. This may reduce the number of parking spaces.
However, by providing more compact spaces, such as along the west side of the
parking area, the applicant should be able to retain 32 spaces.
o A landscape plan showing the required parking area screening and trees will be
required in order to secure a building permit --east end for tenant use; west end
for commercial use.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan,
as amended, based on the following finding:
• The current Comprehensive Plan shows this area as appropriate for commercial
development. The draft of the South District Plan contemplates mixed-use
development in this area.
DISPOSITION: By a vote of 4-0 (Grenis absent) the Board approves EXC15-00011, a special
exception to allow residential units (up to 8 bedrooms) above the ground floor commercial on
property located in the Community Commercial (CC -2) zone at 1950 South Gilbert Street
subject to the following conditions:
• Substantial compliance with the site plan and elevations submitted, with the following
adjustments:
0 10 -foot setback between the west property line and the parking area.
o Bike parking to be provided for residential and commercial uses; parking for residential
uses to be located at the east end of the building.
o Pedestrian access to the west entrance from Gilbert Street.
o One handicapped parking space located directly adjacent to one of the commercial
entrances.
o Curb cut/driveway access from Southgate Avenue must be provided along the east
property line in compliance with a common access easement in place on the properties.
o Open space area to the east of the building must be enclosed by a fence along the
north and east property line. For the benefit of the residents, the applicant must provide
some functional amenity such as a picnic table or seating within this area.
• Applicant must secure a minor modification to reduce the parking setback along the south
property line.
• Applicant must provide cross access easements with the commercial properties the north
and east.
• Building must meet the standards for development located in the floodplain.
• The ground floor of the building must meet the ground floor commercial building standards.
• The Informational Disclosure and Acknowledgment form must disclose that the property is
located in the floodplain.
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.
e4�� Approved by:
Lar Baker, c Chairperson c;-"
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, 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 October 2015, as the
same appears of record in my Office.
Dated at Iowa City, this / -� 17� day of 20_/�5
Marian . Karr, City Clerk
CORPORATE SEAL
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