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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 ) SS COUNTY OF JOHNSON ) I r 1 01v1i1ccccr 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 e+a 0 DECISION IOWA CITY BOARD OF ADJUSTMENT �r rT13 WEDNESDAY, JANUARY 14, 2015 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, Larry Baker, Connie Goeb, Brock Grenis 7`' eo MEMBERS ABSENT: T. Gene Chrischilles N F 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 cZ) 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 R7 i71, N F 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 N r,. CORPORATE SEAL �rnf 1, N 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. C'7 r_r: • 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— I-- CORPORATE SEAL MarianiK. Karr, City Clerk 0 u cn 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. N O Gene Chrischilles, Larryr s a 4 < C')-< =4 C -.)Co r M .<rn = M �x r 3� r 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 N _ b Hca s STATE OF IOWA ) m JOHNSON COUNTY ) 40 co r rn -o it'> 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 ave Dated at Iowa City, this day of !1 20_L5 Maria . Karr, City Clerk CORPORATE SEAL N O i r 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 C Q. n cn C r m Bake T. �enet0 o� w 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 _m 3 • 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_ W 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: ry • 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 —t rc t rq r— s CD�COP .n • 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_ ..� '4 F1r^r a p wco • 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. N O Lit Revised case # • 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 N O Maria -6-K. Karr, City Clerk Co CORPORATE SEAL oZo l%b 1r� oZA�l of �) +%-)V w' 3 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.). -- c 6 e� C-) r j r~ 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$ N O 2 C/3 Y[ 751t4 C 70Marian K. Karr, City Clerk 0 Cfit` C')f �r a M _ 21'I a 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 VIII III III III II II II IIII IIIIIIIIIIIIIIIII II II II n-4 — 7"�� �r_ U1 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 - Johnson County Iowa _ ZZ -:3Z X �••J Kim Painter County Recorder BK5435 PG628-636 w 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:) -.;- �" - —+ 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 r. w 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 C7 -< _ r w 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. 0 • 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. c— • Vehicle access points have been consolidated along Riverside DrcreEondglosedIT Benton Street. r– m w • 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 _ ^, M W • 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 C3 -meq *E t^) C) Brock renis, Chairperson Approved b : < — t--- �' cn ;;rte- 1 City Attorney's Office ca 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 N O C.H CDf Q 1 �rr (''''�� Ct CD- w ,; I f_ �-�..;_. r 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. J� G 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 02oy�b