Loading...
HomeMy WebLinkAbout2013 Board of Adjustment DecisionsDoc ID: 022609540005 Type: GEN Kind: DECISION Recorded: 01/16/2013 at 10:41:03 AM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; ; Kim Painter CountV Recorder BK5038 PG700-704 DECISION IOWA CITY BOARD OF ADJUSTMENT ( WEDNESDAY, DECEMBER 12, x012 4 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Will Jennings, Larry Baker, T. Gene Chrischilles MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: Mike PughLpw SPECIAL EXCEPTION ITEMS: 1. EXC12-00014: A public hearing regarding an application submitted Hy -Vee Store'?Inc., for a drive-through coffee shop associated with a convenience store to be located in the community commercial (CC -2) zone at 1109 and 1123 North Dodge Street. The Board concludes that the number of drive-through lanes, stacking spaces, and paved areas 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 where it is located, based on the following facts: • The drive-through is located at the intersection of two arterial streets—North Dodge Street and Prairie du Chien Road. • The site plan shows a single lane drive-through, thus limiting potential intensity of use. • Pedestrian access routes to the convenience store are located to the north and south of the building and do not conflict with the drive-through. • A 5 -foot brick wall and tall landscaping screens the drive–through from the residential properties to the west. • To minimize noise escape from the property, the drive-through order board is oriented to face north and is located in an area adjacent to the wall. The Board concludes that the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area based on the findings above as well as the following facts: • The transportation system now sustains the Robert's Dairy distribution facility in addition to the existing Hy -Vee store to the east. • Though traffic volume may increase with the grocery and convenience store proposal, North Dodge Street is a major arterial street constructed with the capacity to handle high traffic volume. Prairie du Chien Road is an arterial street that can support the level of anticipated traffic. • The relocation and improvement of St. Clements Street is intended to disperse traffic from the development. The entrance to St. Clements Drive is located nearly 300 feet from the intersection in compliance with access standards in the code. • Curb cuts along North Dodge Street are located no closer than 150 feet from the intersection in compliance with the arterial street access standards in the zoning code. 0 • Multiple entrances to the development are provided in order to disperse traffic efficiently and to avoid traffic congestion and conflicts with the intersection of Prairie du Chien Road and North Dodge Street. • The site plan includes the required pavement markings to direct traffic into the one-way drive-through lane. The Board finds that, at its closest point, the drive-through is located approximately 15 feet from the street right-of-way. This satisfies the standard that the drive-through lanes must be set back at least 10 feet from the adjacent lot lines and public rights-of-way. The Board finds that the applicant has proposed 5 -foot tall brick wall in addition to meeting the S3 screening standard via tall landscaping between the convenience store drive-through lane and Prairie du Chien Road. This satisfies the S3 screening requirement for drive-throughs located near residential property and will screen noise, headlight glare and views. The Board finds that all outdoor lighting for the commercial development must be reviewed and approved by the Building Official as part of the building permit process. Based on the findings above, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare with regard to street access, curb cuts, and screening, in addition to the following findings : • The site plan for the drive-through includes required pavement markings to direct traffic through the drive-through. • The site plan shows designated pedestrian routes to the convenience store building. These routes are not in conflict with the drive-through. Given the proximity of drive-through lane to the residential property to the west and the potential negative externalities of drive-through restaurants (including glare, noise, traffic, and litter), the Board concludes that the use has the potential to negatively impact neighboring residential properties and potentially be injurious to the use and enjoyment of other property in #4 immediate vicinity and/or substantially diminish or impair property values in the neighbbrhood. The Board recommends the following conditions in order to control the intensity of use]such that it will not negatively impact neighboring residential properties: • limiting the drive-through use as accessory to an eating establishment whose`principal product sales are coffee and other beverages (with food sales being incidental and accessory); and • limiting the hours of operation for the drive-through to 5 AM to 9 PM weekdays=and 5 AM to 10 PM weekends. 0 Based on the findings articulated above regarding stacking spaces, access, and screening, and subject to conditions that restrict the hours of operation and limit the intensity of the restaurant use to which the drive—through is accessory, 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 concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided and that adequate measures are being taken to provide ingress or egress designed so as to minimize traffic congestion on public streets as part of the overall redevelopment of the site, and based on the findings articulated above with regard to curb cuts and street access. The Board concludes that the applicant must apply for a building permit to establish the use, and that all other elements of the building and site plan not specifically discussed by the Board, including lighting and signage, must be compliance with the zoning code in order fora building permit to be issued. The Board finds that the Planning and Zoning Commission has recommended a conditional zoning agreement for the redevelopment that is intended to make the development compatible with the adjacent residential neighborhood and therefore concludes that the proposal is in compliance with the Comprehensive Plan policies. DISPOSITION: By a vote of 5-0 the Board approves EXC12-00014, a special exception to allow a drive-through for a coffee shop in the Community Commercial (CC -2) zone subject to the following conditions: • Substantial compliance with the site plan submitted, including screening, location of pedestrian access points, and order board. • Hours of operation are limited to 5 AM to 9 PM weekdays and 5 AM to 10 PM weekends. • The drive-through use is limited to an eating establishment whose principal product sales are coffee and other beverages, with food sales being incidental and accessory. 2. EXC12-00013: A public hearing regarding an application submitted Hy -Vee Stores, Inc., for a pharmacy drive-through associated with a grocery store to be located in the community commercial (CC -2) zone at 1109 and 1123 North Dodge Street. The Board concludes that the number of drive-through lanes, stacking spaces, and paved areas 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 where it is located based on the following findings: • The location of the drive-through service and pneumatic tube is more than 150 feet from both the nearest residential property to the north and from the curb cut onto Dodge Street to the south. • A green space to the north of the drive-through includes a row of existing trees, which will be preserved. In addition, the site plan shows a number of evergreen trees to be planted in this area in order to screen views of the drive-through from residential properties to the north. • The speaker system is pointed toward the building and away from the residential neighborhood to the north. • The proposed site plan shows space for one car to access the drive-through service (pneumatic tube system) with one stacking space. Given the anticipated levels of service for these uses, staff believes that adequate stacking spaces are provided and will not interrupt traffic circulation along the main drive in front of the store. Any additional stacking would be along Hy-Vee's private drive and would not interfere with St. Clements Street or the North Dodge Street rights-of-way. A 7 -foot wide sidewalk is provided between the building and the drive-through. Bollards will separate the drive-through from the sidewalk. The Board concludes that the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area based on the following findings: • The transportation system now sustains the Robert's Dairy distribution facility in addition to the existing Hy -Vee store to the east. • Though traffic volume may increase with the grocery and convenience store proposal, North Dodge Street is a major arterial street constructed with the capacity to handle such high traffic volume. Prairie du Chien Road is an arterial with the capacity to support the traffic generated by this commercial development. • Staff does not anticipate that the presence of the pharmacy drive-through will generate significant traffic for the development. • Curb cuts along North Dodge Street are located no less than 150 feet from the intersection in compliance with the arterial street access standards in the zoning code. • The entrance to St. Clements Drive is located nearly 300 feet from the intersection. • Multiple entrances to the Hy -Vee are provided in order to disperse traffic efficiently in order to avoid congestion and conflicts with the intersection. • The site plan includes the required pavement markings to direct traffic one-way into the drive-through. The Board finds that the drive-through lane is set back approximately 150 feet from the adjacent lot lines and public rights-of-way and is screened from view to the S2 standard. This satisfies the screening and setback requirements for the special exception. The Board finds that all outdoor lighting for the commercial development must be reviewed and approved by the Building Official as part of the building permit process. 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: • Though traffic may increase with the grocery and convenience store development, North Dodge Street is a major arterial street constructed with the capacity to handle high -traffic volume. Prairie du Chien Road is an arterial street with the capacity to serve this development. • The pharmacy drive-through is not anticipated to generate significant levels of traffic to the development. • Curb cuts along North Dodge Street are located 150 feet from the intersection in compliance with the arterial street access standards in the zoning code. Multiple entrances are provided in order to improve traffic circulation. • The site plan for the drive-through includes required pavement markings to direct traffic. • Using bollards to separate the drive-through from the pedestrian area will ensure the safety of pedestrians using the sidewalk along the drive-through. Based on the above findings, 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; and that the 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 adequate utilities, access roads, drainage and/or necessary facilities must be addressed for the overall redevelopment of this site. The Board concludes that access roads are being provided via the re-routed St. Clements Street and the two new curb cuts on North Dodge Street, and that ingress or egress for the development and the drijO-through is designed so as to minimize traffic congestion on public streets. The Board finds that the applicant must apply for a building permit to establish the use and that all other elements of the building and site plan not specifically discussed here, including lighting and signage, will be reviewed for compliance with the zoning code. The Board finds that the Planning and Zoning Commission has recommended a conditional zoning agreement for the redevelopment that is intended to make the development compatible with the adjacent residential neighborhood and therefore concludes that the proposal is in compliance with the Comprehensive Plan policies. DISPOSITION: By a vote of 5-0, the Board approves EXC12-00013 for a pharmacy drive- through to be located in the community commercial (CC -2) zone at 1109 and 1123 North Dodge Street. • Substantial compliance with the site plan submitted. • Installation of bollards between the sidewalk and drive-through lane; this aspect of the site plan to be approved by planning staff. TIME LIMITATIONS All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action Te such time period to establish the use or construct the improvement authorized under ts of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, iIIowa. (, tl c CNCityAtt Caroline Sheerin Chairperson 4`-J"'ce4 Y 13 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 December, 2012, as the same appears of record in my Office. Nn Dated at Iowa City, this 5 day of yi2cc 20—/J— Z4 Mariiaa". Karr, City Clerk CORPORATE SEAL Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5239 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 9, 2013 EMMA J. HARVAT HALL - MEMBERS PRESENT: Brock Grenis, Gene Chrischilles, Will Jennings, Larry Baker -- MEMBERS ABSENT: STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: Mike Pugh, Robert Wetherell, Steve Moss SPECIAL EXCEPTION ITEMS: 1. EXC12-00015: A public hearing regarding an application submitted by Robert Wetherell on behalf of NCS Pearson, Inc., for a special exception to construct a 142.9 -foot free standing Small Wind Energy Conversion System (a wind turbine) in the Office Research Park (ORP) zone at 2510 North Dodge Street. The Board finds that, as a result of recent Zoning Code regulation amendments, Small Wind Energy Conversion Systems (SWECS) are allowed either as accessory uses or by by special exception in certain zones. In the ORP zone, if the SWECS exceeds a total extended height of 45 feet, a special exception is required. Additionally, SWECS are subject to the applicable approval process, standards and restrictions, which will include a building permit from the City as well as any and all applicable permits required by federal or state law, including FAA approval. The Board concludes that a feasibility study is not necessary to evaluate the capacity for wind generation of this application and that shadow flicker will not effect existing residential uses based on the following findings: • The location of the proposed SWECS is more than 2,500 feet from the nearest existing residential structure. • Adjacent properties are zoned for similar Office and Research Park uses. The Board finds that applicant has indicated that the proposed location of the SWECS is in an open area, on the highest spot within the boundary of the NCS property, and that no easements or covenants are necessary in order for the system to access wind in this area. The Board finds that only one SWECS facility is proposed on this property and that the generation capacity of the proposed system is 95kw, which is less than the maximum 100kw allowed by special exception. Thus, this application meets the specific limitation on the size and number of systems per lot. The Board finds that the NCS property is approximately 50 acres in size, which exceeds the minimum lot requirement of one (1) acre required for the special exception. The Board finds that the required setback for the system is 115% of the height of the system, which equals 164.34 feet, and the site plan reflects compliance with the required minimum setback for the special exception. 11111111111111111111111111111111111111111111111111 111 11111111111111111111111 Doc ID: 022841370004 Type: GEN Kind: DECISION Recorded: 02/20/2013 at 08:43:51 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5053 PG283-286 The Board finds that the blade on the proposed SWECS will be located approximately 85 feet above the ground, which satisfies the 30 -foot minimum height requirement for the special exception. Based on the site plan submitted by the applicant, the Board concludes that there are no parking areas, driveways, trees, structures, outdoor use areas, or above ground utility structures or facilities within 20 feet of the blades of the turbine as measured from end of the blade at its greatest lateral extension as required for the special exception. The Board finds that the proposed height of the facility, from base to blade tip, is 142.9 feet, which is less than the 150 -foot maximum allowed by the special exception. The Board finds that the proposed system is mounted on a monopole with a non -reflective white finish as required for the special exception. The Board finds that no lights are proposed or required as part of the SWECS facility. The Board finds that no signage or advertising of any kind is permitted on the tower or any associated structures; and that the applicant has withdrawn his request to include signage of the SWECS component. The Board finds that there will be no external ladder on the SWECS tower and therefore it is designed to prevent climbing within the first twelve (12') feet above grade per the requirements. The Board finds that all power generated by the proposed system will be off -grid and solely for use by NCS Pearson's office facility on the site thus no coordination with the local utility company is required. Based on the applicant's statement and submitted site plan, the Board concludes that no part of the proposed turbine is located within or over drainage, utility, or other established easements, and that that there are no overhead electrical lines within 20 feet of the proposed turbine, and no underground electric distribution lines within five feet. The Board concludes that the SWECS will be designed, installed, and operated so that the noise generated does not exceed 50 decibels (dBA) when measured from the nearest point on the neighboring property line to the SWECS based on the following findings: • The proposed unit (a Windmatic 17S) has a rating of 58 decibels at 20 meters from the tower site. • The applicant has provided a calculation based on the Danish Wind Energy Association's "Wind Energy Manual," indicating that the decibel level at the nearest property line would be approximately 31.32 decibels. In order to comply with the specific criteria regarding FAA requirements and performance standards, the Board concludes that the applicant must provide the following information as part of the building permit application for the SWECS: • Evidence of compliance with FAA standards. • A copy of the service agreement between the applicant and the SWEC$vendor_tb ensure that the SWECS facility is maintained in accordance with manufacturer's specifications and is in an operational condition that poses no potential safety hazard and is not in violation of any provisions contained within Iowa City code. - = • The required Certificate of Insurance showing general liability for the installation and , operation of the SWECS. = .v • All technical drawings required for the special exception along with an engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer. The Board finds that appropriate measures for access and marking of the shut-off for the system will be determined by the Building Official as part of the same building permit process; and that all other elements of the building and site plan not specifically discussed here, including lighting and signage, must be reviewed for compliance with the zoning code. he Board finds that the applicant has indicated that wind turbine blades for the proposed system are made from materials that are "invisible" to radio frequency transmissions and are designed so as not to cause interference. The Board finds that if it is determined that the SWECS is causing electromagnetic interference, the owner/operator must take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, subject to the approval of the Building Official. A special exception or permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. The Board finds that if the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned and that the owner and/or the owner of the property shall remove the abandoned system at their expense. The applicant has agreed to all the terms for removal included in the specific standards for the special exception. Based on the findings provided above with regard to siting, height, setbacks, and distance from existing residential structures, in addition to findings provided regarding the design, performance, and maintenance of the SWECS facility, the Board concludes that the specific proposed exception: 1. will not be detrimental to or endanger the public health, safety, comfort or general welfare; 2. will not be injurious to the use and enjoyment of other property in the immediate vicinity; 3. will not substantially diminish or impair property values in the neighborhood; and 4. 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 adequate utilities, access roads, drainage and/or necessary facilities are already provided for this property. The Board concludes that ingress and egress and traffic congestion on public streets will not be effected by the establishment of the SWECS because the system will not generate vehicle traffic to the site. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended, based on the following findings: • The Comprehensive Plan identifies this area as appropriate for Office and Research Park Uses. 'The Economic Goals and Strategies" section of the plan calls for improving the environmental health of the community through the efficient use of resources; • The location and size of office and research park developments, and the scale of, the principal uses that locate there (i.e. large office complexes) make them' deal candidates. for advancements in alternative energy technology. • The Zoning Code was updated to allow wind energy systems as access-6ry.uses' by special exception in these OPR and RDP zones. ' DISPOSITION: By a vote of 4-0, the Board approves EXC12-00015, an application to install a Small Wind Energy Conversion System in the Office Research Park (ORP) zone at 2510 North Dodge Street subject to the following conditions: 1. Substantial compliance with the site plan and location submitted. 2. The approved SWECS system is a 142.9 foot, Windmatic 17S. 3. No lights, signage, or advertising are permitted on the system. 4. Approval by the building official of a clearly marked and easily accessible shut-off for the wind turbine. 5. The applicant must apply for a building permit at which time the following documentation shall be provided: a) Certificate of Insurance for the SWECS; b) Demonstration of compliance with FAA regulations; C) Approval of the manual and automatic braking system as required by the special exception; d) Engineering analysis for the system and certification by an Iowa licensed professional engineer as required by the specific criteria for the special exception to ensure the structural integrity of the system; and e) A signed maintenance agreement to ensure the long-term functionality and safety of the system. 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 autho ed under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa Cityvi'Ala. frock Grenis, Chairperson / )C _ Ler: i'F-s- / J 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 9th day of January, 2013, as the same appears of record in my Office. Dated at Iowa City, this /:5� "�A`, day of , 2013. f� g/ /Y Mari K. Karr, City Clerk CORPORATE SEAL Doc ID: 022866340005 Type: GEN Kind: DECISION Recorded: 03/15/2013 at 12:41:17 PM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5239 Kim Painter County Recorder DECISION SK5064 Po398-402 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 13, 2013 EMMA J. HARVAT HALL r r� MEMBERS PRESENT: Brock Grenis, Will Jennings, Becky Soglin, Larry Baker— MEMBERS akerJMEMBERS ABSENT: Gene Chrischilles - - STAFF PRESENT: Sarah Holecek, Sarah Walz - OTHERS PRESENT: Mark Kennedy, Duane Musser, Kevin Digmann SPECIAL EXCEPTION ITEMS: 1. EXC13-00001 a public hearing regarding an application submitted by Tom Fresenmeyer for a special exception to allow a reduction of the required front setback for property located in the Low Density Single Family (RS -5) zone at 301 Richards Street. Based on the findings listed below, the Board concludes that the situation is peculiar to the property in question; there is practical difficulty in complying with the setback requirements; and the 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 subject lot is triangular. • The subject lot is double -fronting and is therefore required to provide front setbacks along both Ferson Avenue and Richards Street. • The arrangement of lots and placement of structures along the block is not uniform. • The standard front principal building setback requirement in the RS -5 zone is 15 feet however, due to setback averaging, the subject property must provide a 20 -foot front setback along Ferson Avenue. The Board concludes that granting the exception will not be contrary to the purpose of setback regulations based on the following findings: • Allowing a modest setback reduction of five feet for a single -stall garage would not significantly alter the character of the street or neighborhood. • The proposed garage meets the required 5 -foot side setback. • Because the setback reduction is along the street, it will not reduce access to light and air or separation for fire protection or firefighting. • The placement of structures along this block is somewhat unusual due to double - fronting lots. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the findings above and the following finding: • The property is located in a neighborhood that has been identified as a potential historic district. The applicant's contractor has met with the Historic Preservationist to ensure that the proposed garage design would meet historic standards. Although the elevation drawings show brick on the street side of the garage, the proposed garage will be sided to match the cedar siding on the house. Based on the findings listed below, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets: • While there is no sidewalk along the east side of Ferson Avenue, the location of the garage does not reduce the opportunity to construct one. • The proposed garage will be set back approximately 30 feet from the street pavement of Ferson Avenue and thus will not impede views for motorists or pedestrians. • The proposed change to the property will not generate additional traffic along the street. • The proposed garage satisfies the 5 -foot side setback requirement and does not impede visibility along the street or reduce opportunity to install a public sidewalk along Ferson Avenue. • The applicant has designed a garage that complies with historic preservation standards. The Board finds that all necessary utilities and facilities are already in place for this property and the surrounding neighborhood. The Board finds that the applicant must either secure a minor modification to reduce the 25 - foot driveway length requirement or relocate the driveway to meet the 25 -foot standard. The Board finds that the Comprehensive Plan encourages preservation and reinvestment in existing neighborhoods, and thus this application is consistent with the Comprehensive Plan. DISPOSITION: By a vote of 4-0 (Chrischilles absent) the Board approves EXC13-00001, an application for a reduction in the front principal building setback from 20 feet to 15 feet fO; property located in the Low Density Single -Family (RS -5) zone at 301 Richards Street, sub_ ject to the following conditions: j 1. Substantial compliance with the plan submitted in terms of garage size and -location. 2. The setback reduction is for a single stall garage. 3. The garage will be sided to match the house. 4. The applicant must meet the 25 -foot driveway length requirement or secure a minor, modification for the drive -way length from the Building Official. 2. EXC13-00002 A public hearing regarding an application submitted by Hodge Construction for a special exception to allow a reduction of the required front setback for property located in the Community Commercial (CC -2) zone and Commercial Office (CO -1) zone at William Street and Muscatine Avenue. The Board concludes that the situation is peculiar to the property in question and that there is practical difficulty complying with the setback standards based on the following findings: • The proposed development must comply with the guidelines for redevelopment contained in the Towncrest Urban Renewal Area. However, because the new zoning designation that will apply to the Towncrest Urban Renewal Area has not been adopted, the current commercial site development standards apply. • The south property line is irregular. • The developer must dedicate a portion of the property along William Street as right-of- way in order to allow the street improvements envisioned in the Towncrest Design Plan. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the following findings: • The Towncrest Design Plan calls for the re -orienting of buildings and surface parking on properties within its boundaries. Both the subject property and the abutting property to the south are within the Towncrest Urban Renewal Area. • Both the subject property and the property to the south are currently proposed for redevelopment, and both developments are being designed to comply with the guidelines in the Towncrest Design Plan with regard to placement of buildings and off-street parking. • The proposed office buildings will be built to commercial standards, and must meet the quality and aesthetic standards of the Towncrest Design Plan. • The redevelopment of the subject property in accordance with the Towncrest Design Plan guidelines is intended to encourage redevelopment of other properties within Towncrest, including the adjacent property to the south • The required 3 -foot setback from the south property line along with the change in grade between the two properties will preserve light, air, and privacy for the proposed residential development to the south. • The adjacent development will provide vehicle access along the south property line, creating ample space for fire separation and protection. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: The intent of the Towncrest Design Plan is to encourage redevelopment in the area by creating a cohesive architectural character and improving the public streetscape and adjacent areas—sidewalks, planting areas, etc. Elevations for the proposed buildings have been submitted and reviewed for compliance with the design guidelines in the Towncrest Design Plan, including storefront windows and entrances along the street and quality building materials. All required off-street parking is located to the rear of the building in accordance with the Towncrest Design Plan, and the parking area will be set back from abutting properties and screened with landscaping. U - CTI • The applicant must dedicate an 8 -foot wide strip of land along William Street as public right-of-way and provide a 2 -foot minimum setback to allow for wide sidewalks, on -street parking, and various landscaping improvements. The Board finds that the applicant is required by code to provide a 3 -foot setback along the building's south side—the Board cannot reduce the setback to less than 3 feet. Based on the findings listed below, the Board concludes that the speck proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located: • The setback reductions requested are in compliance with the design standards for the Towncrest Design Plan. • The applicant must dedicate a portion of the property and provide a 2 -foot building setback along William Street in order to allow for on -street parking, landscaping, and wide (8 -foot) sidewalks. • The Muscatine Avenue right-of-way is sufficiently wide to provide 8 -foot sidewalks and other improvements in the public right-of-way. • All off-street parking for the proposed development is located to the rear of the property in order to encourage a pedestrian -oriented streetscape. • In order to improve safety and control vehicle access, existing curb cuts along Muscatine Avenue and William Street will be closed. A two-way access point will be provided from William Street approximately 140 feet from the intersection; an exit -only drive will be provided to Muscatine Avenue along the east property line. The Board finds that utilities, access roads, drainage and other facilities are in place and that right-of-way improvements described in the Plan will be designed and constructed by the City. All drainage will be addressed by the City Engineer as part of the site review and building permit processes. 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: • By closing the two existing curb cuts on Muscatine Avenue and William Street and providing a shared drive between the two buildings on the site—a drive that is set back more than 100 feet from the William and Muscatine intersection—this will improve safe ingress and egress and minimize traffic congestion on public streets. The Board concludes that all aspects of the development not discussed in the application must be reviewed by the Building Department to ensure that the site is in full compliance with the zoning code and the Towncrest Design Plan. The Board finds that the Towncrest Design Plan is considered part of the Comprehensive Plan. As noted above, the Plan calls for buildings to be set close to the street and wide sidews►gs and other streetscape improvements are required to improve the aesthetics, pedestrian appe_g, and overall function of the neighborhood. DISPOSITION: By a vote of 4-0 (Chischilles absent) the Board approves EXC13-00002, an application submitted by Hodge Construction to reduce the front and side principal building setbacks for property located in the Commercial Office (CO -1) and Community Commercial (CC -2) zones located at the southeast corner of Muscatine Avenue and William Street, as follows: • The principal building setback along Muscatine Avenue is reduced from 10 feet to zero; • The principal building setback along William Street is reduced from 10 feet to 2 feet; • The principal building setback along the south property line is reduced from 5 feet to 3 feet; and • These reductions are subject to substantial compliance with the site plan submitted. 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. tr Brock Grenis, Chairperson STATE OF IOWA JOHNSON COUNTY i3 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 13th day of February, 2013, as the same appears of record in my Office. Dated at Iowa City, this day of %1ZIa&-�/ , 2013 Maridn-K. Karr, City Clerk CORPORATE SEAL Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 2013 EMMA J. HARVAT HALL i iioio iiioi iii loll iioi iioi loll ilio ilio iioi Dili loll loll loll ilii ilii Doc ID: 022931160006 Type: GEN Kind: DECISION Recorded: 05/15/2013 at 12:23:30 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder SK5092 PG353-358 MEMBERS PRESENT: Brock Grenis, T. Gene Chrischilles, Becky Soglin, Larry Baker, Will Jennings. MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS SPEAKING: John Shaw, Lars Anderson SPECIAL EXCEPTION ITEMS: 1. EXC13-00003: A public hearing regarding an application submitted by the Crisis Center of Johnson County for a special exception to allow a General Community Service use in the Intensive Commercial (CI -1) zone at 1105 Gilbert Court. The Board concludes that the proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended based on the following findings: • The surrounding CI -1 zone is home to a mix of consignment stores, vehicle and other repair uses, offices, and general community service uses. General Community Service uses already in the neighborhood include the Salvation Army and the Mayor's Youth Empowerment Program. The two Crisis Center properties together will accommodate 79 parking spaces. The minimum off-street parking requirement for the two buildings, based on square footage and proposed use, is 49 spaces. • The neighborhood is served by three transit lines with stops along South Gilbert Street and Kirkwood Avenue. However, the Board also finds that the Free Lunch Program is anticipated to generate significant bicycle traffic and therefore the required bicycle parking should be increased to accommodate that traffic and the bike rack design should be approved by the Transportation Planning staff to ensure functionality and compatibility with the site and neighborhood. 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 two Crisis Center properties together provide nearly twice the required minimum parking for the use proposed. • The neighborhood is well served by public transit. • Sidewalks are in place along Gilbert Court and Kirkwood Avenue to serve pedestrians. • By increasing the amount of bicycle parking based on the size of the cafeteria/dining room, the applicant can provide an appropriate level of bicycle parking for the proposed use. e, 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; will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located; and 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 findings provided above and the following: The applicant is required to bring the property into compliance with requirements for pedestrian access and layout for the parking area. The plan for the parking area includes providing drives that circulate behind both buildings to connect the various parking areas on the 1105 and 1121 Gilbert Court properties and combining the two existing drive entrances (curb cuts) located between the buildings into one, narrower drive entrance. This will not only improve vehicle circulation for the Crisis Center parking areas, but will also improve safety and increase on -street parking for vehicles on Gilbert Court. In addition, the applicant will install terminal islands on the parking rows, which makes vehicle movement within the parking area safer. • The applicant has made a good faith effort to reach out to neighbors to address perceived concerns, and has involved City of Iowa City resources, including the Police Department, to facilitate neighborhood meetings focused on reducing graffiti, loitering, and vandalism in the neighborhood and forming an organization to address issues for the entire commercial area. • Detailed study by traffic engineering planner indicates that the exception is unlikely to result in further traffic problems in the immediate vicinity. The Board finds that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided for the development. The Board finds that as part of the site plan review process the applicant is required to bring some aspects of the property into compliance with the commercial site development standards. While the applicant is not required by code to come into compliance with the landscape and screening standards for the parking area, the Board believes that, given the substantial amount of paving on the site, the applicant should install shade trees in accordance with the parking area standards to the extent possible. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended because the Plan supports the efficient provision of human services. Disposition: By a vote of 5-0 the Board approves EXC13-00003, an application for a General Community Service Use in the Intensive Commercial (CI -1) zone at 1105 Gilbert Court, subject to the following conditions: 1. The applicant will provide 1 bicycle parking space per 150 square feet of floor area, based on the size of the cafeteria/dining area. The Building Official will calculate the requirement based on the floor plan submitted with the building permit application. 2. The bike rack design must be approved by Transportation Planning staff. _ 3. Installation of parking area shade trees to the extent possible given the _constraints of the lot. -� 2. EXC13-00005: A public hearing regarding an application submitted by JMK Holdings, LC, for a historic preservation exception to allow multi -family dwelling units to be located at street level in the CB -5 zone and a historic preservation exception to reduce the required off-street parking requirement for property located in the CB -5 zone at 529 South Gilbert Street. The Board concludes that approval of the requested special exceptions must be contingent upon the applicant securing City Council approval for the Historic Landmark designation and HPC approval of a Certificate of Appropriateness for the rehabilitation plan. The following findings indicate that the applicant is making appropriate progress in securing these approvals: • The Iowa City Iowa City Historic Preservation Commission (HPC) and the Planning and Zoning Commission have voted unanimously to recommend Iowa City Historic Landmark status for 529 South Gilbert Street as an Iowa City Historic Landmark. • City Council will begin its review of this request at its April 9 meeting. • HPC will review the historic rehabilitation plan for the building at its April 11 meeting. Staff is recommending approval of the rehabilitation plan. The Board concludes that the proposed dwelling will not will not significantly alter the commercial character of the CB -5 zone based on the following findings: • The property will retain its existing commercial use along Prentiss Street. Terracing along the Prentiss Street right-of-way (between the building and the sidewalk) will allow exterior seating along the south side of the building, giving the building more commercial presence along this frontage. • The building's appearance along Gilbert Street will remain as it is now, with the existing ,.street level" entrance providing secondary access to a single apartment unit. The Board concludes that there are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -10 zone based on the following findings: • The building lacks an "at grade" entrance—street level along Gilbert Street is actually 4 feet above grade. At grade entrances are not only characteristic of commercial spaces, but are also required by the zoning code and desired by most commercial users. • The building was originally constructed for manufacturing uses and is not conducive to many uses allowed in the CB -5 zone. • Modifying the building to provide the storefront windows required by code would diminish the historic character of the building. The Board concludes that the existing building on the landmark property does not include three of the four listed commercial storefront characteristics as indicated below: a) The main entrance is at or near grade. No, the main entrance is 4 feet above grade. b) The front fagade of the building is located within 10 feet of the front property line. Yes, the property is set at the front property line. c) The front facade of the buildings contains ground floor storefront or display windows. No, the property does not have store -front or display windows. d) The street level floor of the building was originally constructed to accommodate Sales - oriented and Personal Service -Oriented Retail Uses and/or has historically been used for these purposes. No, the building was designed for manufacturing uses. The Board concludes that the requested modification to the parking standards, to alleviate the final three (3) required parking spaces will help preserve the historic, aesthetic, or cultural attributes of the property, based on the following findings: • Without the opportunity to earn a reasonable return on the property through reuse, it is likely that the building will not receive the level of investment necessary for long-term maintenance. There is also the possibility of the building being demolished to allow redevelopment similar to other properties along this portion of South Gilbert Street. • The applicant is proposing to rehabilitate the property within the historic guidelines. Substantial investments are necessary to make all floors of the building handicapped accessible and to renovate the building in a way that will preserve its historic integrity. • Because the structure occupies the entire property there is no opportunity to provide surface parking on the site. • The applicant has owned the property since 1983. The first floor (25% of the building) has remained mostly vacant for the last ten years. The street level is 4 feet above grade and is not handicapped accessible and does not have commercial storefront windows. • By allowing the waiver of the final three (3) parking spaces without imposing a parking impact fee, there is additional financial incentive for the applicant to rehabilitate the historic structure. 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 finding: • It is unlikely that conversion of the Gilbert Street level of the building from various studio spaces to one -bedroom or studio apartments will have any impact on the public health, safety, comfort, or general welfare in the neighborhood. 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 finding above and the following: • The proposed renovation of the building will increase the value of the property and thus contribute to its continued preservation and maintenance. • It is in the public interest that buildings be occupied and provide a reasonable return on investment. • The property is located within the Riverfront Crossings District, a redevelopment area that does not designate this property for required storefront uses. Parking within this district will be addressed through planned municipal parking facilities. • The property is in a walkable, pedestrian oriented area, close to downtown and the university and is served by the bus system. The Board concludes that establishment of the specific proposed exception,will not-hnpede 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 in addition to the following: • Current City policy acknowledges that residential development in this area will create increased demand for parking, however "due to the neighborhood's proximity to the Downtown, it is undesirable to devote significant portions of development sites to parking in the Near Southside Neighborhood, since it is in the public interest to develop land now available in the Neighborhood for more intensive residential uses." Within the parking district, the City may waive up to 75% of the required parking spaces and impose a parking impact fee contribute directly to the construction of planned parking facilities. The applicant is able to reduce the required parking from 12 spaces to 3 by paying the parking impact fee. The Board finds that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided in this neighborhood to serve development for this property. The only lacking facility is off-street parking. While structured parking is planned in the neighborhood, the proximity of the property close to the downtown and on bus routes and the lack of on -street parking in the neighborhood may create a disincentive for residents who depend on cars. The Board finds that the property is located between Maiden Lane, South Gilbert Street, and Prentiss Street with no vehicle access onto the property from any of these streets. The Board finds that the final rehabilitation plan must be reviewed and approved by the Historic Preservation Commission and that all aspects of the development not directly addressed in the staff report will be reviewed by the Building Official for compliance with the zoning code. The Board concludes 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. There are few remaining structures from Iowa City's industrial and manufacturing past. • The Downtown & Riverfront Crossings Master Plan identifies 529 South Gilbert Street as a Key Historic Building in the 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 Downtown & Riverfront Crossings Master Plan encourages a variety of apartment types, including one -bedrooms and studios, which are in short supply and tend to attract more permanent or long-term residents. • The property is located within the "South Downtown District" of the Riverfront Crossings. Within this district, the plan calls for "residential and office uses to predominate" with retail storefronts required only in strategic locations. This property is not identified as ari appropriate location for required retail storefront. The Plan indicates that "In order to achieve the desired level of development within the South Downtown District, the. City must address parking demand through a parking district approach." Disposition: By a vote of 5-0 the Board approves EXC13-00005, a historic preservation special exception to allow multi -family dwellings at street level of the building and another historic preservation special exception to waive the minimum parking requirements for residential uses to be established at 519 South Gilbert Street subject to the following conditions: All apartments will be one -bedroom or studio apartments. • Historic Landmark status (rezoning to historic overlay) for the building must be secured with final approval from City Council. • The applicant must secure a Certificate of Appropriateness for the historic rehabilitation of the property from the Historic Preservation Commission. 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. 41:Za__r Brock Grenis, Chairperson 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 10th day of April, 2013, as the same appears of record in my Office. Dated at Iowa City, this �J day of aV 20 (3 Mahan K. Karr, City Clerk CORPORATE SEAL We. 1111111111111111111111111111111111111111 IN IIII Doc ID: 022955080007 Type: GEN Kind: DECISION Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240: 319/356-5239 Recorded: 06/05/2013 at 11:04:06 AM Fee Amt: $37.00 Pane 1 of 7 DECISION Johnson County Iowa Kim Painter County Recorder IOWA CITY BOARD OF ADJUSTMENT BK5102 PG84-90 WEDNESDAY, MAY 8, 2013 EMMA J. HARVAT HALL MEMBERS PRESENT: T. Gene Chrischilles, Will Jennings, Brock Grenis, Becky Soglin, Larry Baker MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: David Bentz, Mike Pugh, Jay Nelson SPECIAL EXCEPTION ITEMS: 1. EXC13-00006: a public hearing regarding an application submitted by McDonald's USA, LLC, for a special exception to expand the existing drive-through facility on property located in the Community Commercial (CC -2) zone at 2440 Mormon Trek Boulevard. 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 where it is located based on the following findings: • The nature of the existing adjacent uses—a car wash and gas station—and the presence of the existing drive-through make the proposed expansion consistent with the commercial character of the area. • The submitted site plan shows space for at least 4 cars to stack at the order boards, in order to improve the efficiency of the drive-through facility. • There is space for 3 cars to stack between the order boards and the pick-up window. • The site plan shows that the pavement along the drive-through will be marked with directional arrows and signs are posted at the entrance to the drive-through. • The site plan shows pedestrian access provided from the Mormon Trek right-of-way (sidewalk) at the southeast corner of the property. Pavement markings are shown on the site plan and are a requirement of the parking area design standards. • The site plan for the drive-through expansion shows that the McDonald's lot meets the minimum parking requirements based on square foot of floor area of the restaurant, set forth in the commercial site development standards. The Board concludes that the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area based on the findings above in addition to the following findings: • The restaurant is located in a high -traffic area, at the corner of Mormon Trek Boulevard and Highway 1. Both roads are designed to handle the level of traffic generated by this kind of retail use. • Because the drive-through is located to the rear of the building, there is sufficient space for vehicles to stack before reaching the entrance from Riverside Drive. • Drive-through circulation is not in conflict with pedestrian access to the restaurant— the site plan shows that entrances to the restaurant are provided on the south side of the building. Pedestrian access is therefore appropriately from Mormon Trek. • The addition of a second drive-through lane is intended to provide more efficient service, minimizing the amount of time that cars are stacked along the south side of the building. • Cross access drives with the adjacent commercial properties are designed to provide the circulation needed between sites; cross access on the north side of the site provides an appropriate alternative (secondary) access point. The Board finds that the drive-through lanes are set back at least 10 feet from adjacent lot lines and public rights-of-way, and the submitted site plan shows added S-2 screening along the east and south property lines. Screening is also provided at the rear (north) side of the drive-through. The Board waives the requirement for S2 screening along the west property line due to the change in grade between the two abutting properties. The site plan shows the addition of shade trees in this area in order to meet the parking area design standards. The Board finds that lighting for the drive-through facility must comply with the outdoor lighting standards set forth in Article 14-5G and must be designed to prevent light trespass and glare onto neighboring residential properties. A lighting plan must be reviewed by the Building Department as part of the building permit process. All lighting standards must be met in order for a building permit to be issued. The drive-through location and traffic circulation for the drive- through are directed behind the building and are not in view of residential zones. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare based findings provided under the specific criteria above with regard to vehicle access, drive-through location, and directional signage and markings, in addition to the following findings: • Mormon Trek Boulevard and Highway 1 are both designed to serve the levels of traffic generated by CC -2 uses such as the one proposed. • The drive-through lanes are located more than 200 feet from the public street. • Cross access drives with the adjacent properties provide appropriate circulation for the proposed use. 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 findings provided above and the following findings: w • The proposed drive-through facility is located at the rear of the building_and4he subject property is surrounded by other commercial uses. - = - • Views of the drive-through will be minimized by installation of S2 screening along the south and east property lines where the property is in view of the Mormon Trek w and Highway 1 rights-of-way. -= c� The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • No additional utilities, drainage or other necessary facilities are needed for this expansion. • The site plan indicates that the applicant intends to remove storm sewer intake and a section of the gutter at the east end of the lot but also plans to replace the storm sewer intake and section of gutter based on the approval of the City Engineer. • Cross access drives with the adjacent properties provide appropriate circulation for the proposed use. 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: • Because the drive-through is located to the rear of the site, with traffic circulating behind the commercial building, there is adequate space for vehicles to stack such that this will not interfere with public streets. • The cross access drives that serve the site are designed to control ingress and egress to minimize congestion on the public streets. The Board concludes that all applicable zoning requirements must be met in order for a building permit to be issued and that a final site plan must be submitted for final site plan review and building permit. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended, based on the following findings: • The Comprehensive Plan identifies the subject property as general commercial, which is intended to provide opportunity for a large variety of commercial uses that serve a major segment of the community. • Due to the location of this area near the highway interchange, these businesses serve a regional market rather than just surrounding neighborhoods, and, at a major entrance to the community, the appearance of this corridor is an important component of the economic development of the area. DISPOSITION: By a vote of 5-0, the Board approves EXC13-00006, a special exception to allow an expansion of the existing drive-through facility at 2440 Mormon Trek Boulevard, subject to the following conditions: • Substantial compliance with the site plan submitted, including signage and pavement markings indicating the one-way circulation of the drive and marking of the pedestrian areas at the front of the store, • Approval by the Building Official of the final site plan, lighting plan, and any new signage for the site. VARIANCE ITEMS: 1. VAR13-00001: a public hearing regarding an application submitted by Jay Nelson for a variance to waive the off-street parking requirements to allow redevelopment of property located in the Central Business Service (CB -2) zone at 211 N. Linn Street. The Board concludes that the proposed variance will not threaten neighborhood integrity nor have a substantially adverse effect on the use or value of other properties in the area adjacent to the property included in the variance based on the following findings: • The existing building is in poor condition due to its age along with a lack of maintenance such that substantial investment is necessary to make the building useable or marketable. It has remained vacant for a number of years, and, though the Building Department has reviewed a number of proposals for re -use or redevelopment of the property, none of the proposals have proved viable. • It is not in the public interest to have a property, especially one in an active commercial area, go unused or underutilized. This creates a gap in the commercial streetscape. • By waiving the parking requirement, the dilapidated, vacant property may be redeveloped for an economically viable use that is complementary in commercial character and intensity to other properties in the Northside Marketplace. • Regardless of whether someone makes use of the current building, (by making substantial reinvestment to bring the current structure into compliance with current zoning and building codes) or redevelops the property with a new building, there will be some level of parking demand generated by the active use of the site. The existing building is grandfathered -in with 6 "ghost' spaces, which go away if the building is removed. For this reason granting a waiver of 8 spaces seems a reasonable allowance in order to ensure an economically viable property that is a positive addition to the neighborhood. The 2 additional spaces would allow the commercial ground floor to be marketed for all uses allowed in the zone—office, retail, and restaurant uses. • The applicant has proposed a mixed use building that is in keeping with the historic commercial character of the neighborhood in which it is located. • Correspondence from representatives with the Northside Neighborhood Association and the Northside Marketplace businesses support the application. • The design and mix of uses in the proposed redevelopment reflects the goals and objectives set out for the commercial neighborhood in the Central District Plan. The Board concludes that the proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended, based on the following findings: • A waiver of the 8 required parking spaces is a reasonable accommodation to allow redevelopment of an underutilized property that is no longer functioning in an otherwise healthy commercial neighborhood. The property is non -conforming with regard to parking. Having been established prior to the current zoning code requirements for off- street parking, the existing building is "grandfathered -in" with 6 "ghost" parking spaces; based on its existing commercial floor area. • Allocating 5 spaces for the commercial use would allow the property to -be marketed for all uses allowed in the zone. The addition of 3 one -bedroom apartments will help to offset the cost of redevelopment, allowing the ground floor to meet market rent for the near -downtown commercial neighborhood. • Except for the Hamburg Inn at 214 North Linn Street, none of the businesses along the 200 block of North Linn provide their required off-street parking. Nearly all rely exclusively on ghost parking. • There is shortage of one -bedroom apartments in the Downtown and campus area. The quality of the proposed apartments has the potential to encourage long-term residents to the neighborhood. • The proposed development is in alignment with the vision for the Northside Marketplace commercial neighborhood. Here is what the Central District Plan has to say about the area: o "The historic character of the Northside Marketplace is one of its greatest assets. Development that is sensitive to the neighborhood's history and architectural significance should be encouraged." o "Most participants want to encourage development of one- and two-bedroom apartments that will be attractive to longer-term residents rather than the dorm -style apartments typical near Downtown." o The goals in the Northside Marketplace section of the Central District Plan that relate to redevelopment include ensuring that new development complements the character and scale of the existing development and addressing parking demand for growth and development of the area. o Though the Central District Plan calls attention to the high demand for parking in this neighborhood, the Board does not believe that this waiver for parking spaces is an onerous request or one that is likely to have a substantial adverse effect on neighboring properties. The Board concludes that the property in question cannot yield a reasonable return if required to comply with the parking standards in the zone where the property is located based on the following findings: • The existing building is in substandard condition due to a combination of issues related to the original construction of the building, which was not designed for commercial uses, and a lack of maintenance and updating such that substantial investment is necessary to make the building useable or marketable. The property has remained vacant for a number of years, and, though the Building Department has reviewed numerous of proposals for re -use or rehabilitation of the property, none of the proposals have proved financially viable. • The existing building does not meet the commercial site development standards in the zoning code—the first floor is located above grade and it has no storefront windows. There are also numerous building code issues that inhibit re -use of the property. These conditions are not due to mere neglect of the property by the applicant or a predecessor in title. Even if renovating the property was economically viable, anything other than a.retail use would be considered a "change of use" and the building would then be.requiro to be brought into compliance with many building and zoning requirements, 5ncluding, (butvnot limited to) parking requirements. Because all rights to the "ghost" parking go away if the existing building is removed, the property may not be redeveloped unless it is granted a waiver from parking requirements. It is not possible to provide the required parking on site and there is no opportunity for permanent shared or off-site parking in the neighborhood. The Board concludes that the owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood based on the following findings: • The condition and design of the building combined with the size of the property and its lack of opportunity to provide any on-site parking sets the property apart from others in the neighborhood. o The existing building does not meet the commercial site development standards in the zoning code—the first floor is located above grade and it has no storefront windows. o It is not possible to provide parking on site. While there are other properties in the neighborhood (215 North Linn and 203 North Linn) that are located above grade, these properties have storefront windows and are in good condition, having been either built originally for commercial use or having been long ago adapted and maintained for commercial use. Likewise, other properties in the neighborhood are unable to provide parking, however they are grandfathered in with "ghost" parking that allows them to operate. The Board concludes that the hardship is not of the landowner's or applicant's own making or that of a predecessor in title based on the following findings: • A memo from Building Inspector Jann Ream indicates that the obstacles to making economically viable use of the existing building are numerous and have to do with its age and original construction, deferred maintenance, and changes in building and zoning code requirements. The cumulative issues that confront this property cannot be attributed to the applicant or a single predecessor in title. Rather, the building has outlived its usefulness and functionality in the zone and is now in such a state of non- compliance that rehabilitation or repair are no longer economically reasonable. In short, the applicant has exhausted all potential options for making use of the property with the existing building. Disposition: By a vote of 5-0 the Board approves VAR13-00001 a request to waive the zoning code requirements for 8 off-street parking spaces to allow redevelopment of property located in the Central Business Service (CB -2) zone at 211 North Linn Street subject to the following conditions: 1. Substantial compliance with the floor plans submitted and elevations submitted on May 2, 2013 for 3 one -bedroom or studio apartments. Any changes to the floor plans or elevations to be approved by the Director of Planning. 2. The applicant must secure a building permit and final approval for exterior design and materials from the City in order to construct the proposed building. 3. The Building Official must verify that the dumpster storage and access for removal and proper replacement to the storage location are, in practice and application, in compliance with the storage ordinance and public health and safety standards. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Z6;� Brock Grenis, Chairperson 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 8'" day of May, 2013, as the same appears of record in my Office. Dated at Iowa City, this % day of Gl scQJ 20 33 Maria . Karr, City Clerk CORPORATE SSEAL Doc ID: 023012530006 Type: GEN Kind: DECISION Recorded: 07/15/2013 at 02:37:30 PM Fee Amt: $32.00 Paqe 1 of 6 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 5224C Johnson County Iowa Kim Painter County Recorder DECISION BK5127 PG262-267 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 12, 2013 EMMA J. HARVAT HALL Fr MEMBERS PRESENT: T. Gene Chrischilles, Becky Soglin, Brock Grenis, Lark Bakeg n.l7 MEMBERS ABSENT: None 4 C'�-< N r STAFF PRESENT: Sarah Holecek, Sarah Walz -4n m Pj OTHERS PRESENT: Mike Pugh, Dick Noble, Nate Van der Weide SPECIAL EXCEPTION ITEMS: n o 1. EXC13-00008: Discussion of an application submitted by Prime Ventures Construction, Inc., for a special exception to reduce the rear setback requirement for property located in the OPD -5 zone at 826 Sugar Loaf Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The house is constructed on a relatively small lot (8,196 square feet). The minimum lot size in the RS -5 zone is 8,000 square feet. • The subject lot is relatively shallow: side lot lines measure 110 and 110.5 feet. • The slope of the property makes the limited, private backyard space practically unusable. The Board concludes that there is practical difficulty in complying with the setback requirements, based on the following findings: • The topography of the property makes the rear yard practically unusable—the applicant indicated that a paved patio is not a viable option on the site. • The lot is relatively shallow (110 feet), allowing limited space to create a porch or covered deck. The construction of the screened porch and covered deck provides the occupants more opportunity to enjoy the private backyard space. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the following findings: • While consistent placement of homes is one purpose of the setback regulation that helps to define the character of a neighborhood, allowing a modest setback reduction of 6 feet along the rear of the property, where the property abuts permanent open space, would not alter the character of the street or neighborhood. • Because the setback reduction would be to the rear of the house and the abutting property will not be developed in the future, the porch and deck will not restrict access to light and air or separation for fire protection, and will not encroach on the privacy between dwellings or promote an unreasonable physical relationship between residences. • The houses to the east and southeast of the subject property also have rear porches (some screened -in and some not). Thus, the proposed porch is not out of scale and is not inconsistent with other structures in the neighborhood. • The approval of this special exception does not set a precedent for approval of any future requests for setback relief in this subdivision. Because the setback reduction for the porch and covered deck is not contrary to the purpose of the setback standard, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the OPD -5 zone in which the property is located. The Board concludes that any potential negative effects resulting from the setback reduction are mitigated to the extent practical based on the following findings: • Adjacent property to the rear is permanent open space and may not be developed in the future. • The special exception is for the purpose of a first floor deck and a second floor screened porch above and as the installation of windows or solid walls on either level would constitute an extension of the principle structure, such enclosure will not be permitted. The Board finds that the subject porch and deck meet the required 5 -foot side setback requirement. The Board finds that the requested rear setback reduction does not interfere with or alter vehicular access and will not impact ingress or egress from the property, and all necessary utilities and facilities are already in place for this property and the subdivision in which it is located. The Board finds that the applicant is required to secure a building permit for the porch and covered deck. All other aspects of the house and property have been reviewed for compliance with the zoning code. The Board finds that the Comprehensive Plan does not address this issue precisely, but does encourage policies that preserve and enhance the character of neighborhoods. The plan also encourages small -lot development for the efficient use of land. The Board concludes that the setback reduction is a reasonable accommodation to make this particular lot, which tAs limited useable open space, to make it more enjoyable for its occupants in a manneahat is=nsistent with other development in the neighborhood. nC? 46 'n 1 r— n� N DISPOSTION: By a vote of 4-0, the Board approves EXC13-00008, a special ea otion to rt the rear principal building setback from 20 feet to 14 feet in order to allow a 12- y t screened -in porch for property located at 826 Sugar Loaf Circle, subject to the fa¢Ie�6vingo conditions: �' r 0 • The applicant must secure a building permit for the 12 x 12 -foot porch and covered deck. • Both the first floor deck and the second floor screened porch must be and remain un- enclosed. The installation of windows or solid walls on either level would constitute an extension of the principal structure, which is not permitted. This restriction shall be included with the seller's marketing material and disclosure information for the ir&l sale of the property. • gn � � q� 2. EXC13-00009: Discussion of an application submitted by the University of Ida Commu Credit Union for a special exception to allow a drive-through use for property I irrabhe Gl`' 1 zone at the southwest corner of N. Dodge St. and Scott Blvd. D t 0 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 where it is located based on the following findings: • The site plan shows a 3 -lane drive-through facility with ATM service. As illustrated on the site plan, vehicles enter the drive-through by continuing straight (west) from the entrance on Scott Boulevard and circulating counter clockwise to the covered teller area. • The curved lane that serves the drive-through provides approximately 15 stacking spaces for the service. • The location of the drive-through is more than 300 feet from the residential zone to the south and more than 150 feet from the residential zone to the east. The Board finds that the pedestrian route connecting the south parking lot to the building entrance crosses in front of vehicles entering and exiting the drive-through facility. While pavement markings in these areas are required by code in order to show the designated pedestrian route, they are not shown on the submitted site plan, therefore the Board imposes a condition requiring pavement markings and signage cautioning cars to yield to pedestrians in these areas. The Board concludes that the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area based on the findings above in addition to the following findings: • Dodge Street and Scott Boulevard are both arterial streets designed with the capacity for high traffic volume. A traffic volume count shows that there are on average 14,100 vehicle trips per day near this location on Scott Boulevard. The capacity of a 2 -lane arterial street with a turn lane, like the one on Scott Boulevard, is approximately 20,400 trips per day. • Traffic entering and exiting the bank is limited to one access point from Scott Boulevard. Because of the amount of traffic travelling along Dodge Street and Scott Boulevard, the location of the driveway access to the parking lot was specified as a condition of the rezoning. The placement of the drive entrance (350 feet from the intersection) was determined to be an appropriate distance to minimize conflicts between northbound traffic turning into the bank office development and traffic stacking at the Dodge Street intersection. • The Board reviewed information provided by the transportation planner indicating that a branch bank is not anticipated to generate enough additional traffic to have a significant impact on traffic safety or circulation on Scott Boulevard. Banks and bank drive-through lanes generate significantly less traffic than they once did. This is the result of changes in the industry, including the introduction of on-line banking, debit cards, etc. The Institute of Traffic Engineers estimates that banks currently attract less than half the traffic they did before the year 2000. For a bank of this size, we estimate fewer than 1,000 vehicles per day entering and exiting the bank site with more than half of these vehicles being from pass -by traffic (traffic already using Scott Boulevard) as opposed to new traffic. 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 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 drive-through lanes are setback more than the minimum requirement of 10 feet from adjacent property lines and provide adequate stacking space for vehicles waiting to use the service. • The location of the drive-through is more than 200 feet from the nearest residentially zoned property to the east and more than 300 feet from the nearest residential property to the south. • Drive-through circulation is directed away from the adjacent residential zone to the south and east, and thus glare from the headlights waiting for service will be directed away from the residential properties. • The bank building will block views of the drive-through facility from Dodge Street and the neighborhood to the north. • The submitted site plan shows low landscape screening (S2) along the north, south, and east sides of the property in order to screen the parking area from the right-of-way and nearby residential zones. • Distance and required landscape screening shown on the proposed site plan in addition to existing tree cover on the site will buffer any present or future residential development from noise or light glare associated with the drive-through operation. • Banks and bank drive-throughs are not significant traffic generators. The Board concludes that screening along the west side of the parking area and a portion of the south parking area is unnecessary due to the screening provided by existing vegetation and the distance from neighboring property and therefore waives the requirement for screening in these areas. _o The Board finds that all outdoor lighting for the commercial development will ie"d b)AM the Building Official for compliance with the Code as part of the building perm ceX � The Board concludes that the specific proposed exception will not be detrimen! ci; (— endanger the public health, safety, comfort or general welfare based on the fo.4c. g 4idin*n • The submitted site plan illustrates appropriate design and location of thEJ1(e-t6( lanes to minimize congestion. y s, 0 • The proposed bank is served by arterial streets that can safely support traffic generated by the drive-through use. • The zoning code requires that pedestrian areas near the drive entrance to the bank and within the bank parking area will have pavement marking or raised or other distinctive pavement materials in order mark safe pedestrian routes across the bank lot. • Stop signs adjacent to the drive entrance will control traffic within the parking area. Stop signs are located along the north south parking drive to reduce conflicts with cars entering the drive-through circulation lane. • Transportation planners will continue to review the Dodge Street and Scott Boulevard intersection as development continues in this area to address any safety concerns. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided for the development of this property. The Board finds that storm water detention is not required for this property, however, the developer/owner must manage the storm water runoff from the site so that drainage issues will not be created downstream (the Iowa City Community School District property) from this site. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The location of the drive -way entrance to the property was specified as a condition of the rezoning of the property in order to ensure safe distance from the Dodge Street and Scott Boulevard intersection. • Scott Boulevard was designed to begin the transition to two lanes in advance of the proposed Credit Union driveway for northbound vehicles, as office -type development was anticipated at this site. • As explained above, the location and design of the drive-through facility allows adequate stacking space such that it will not create congestion on the public streets. • While it has been observed that southbound vehicles sometimes illegally use the left turn lane for North Dubuque Road as a passing lane, the presence of the drive-through facility does not contribute to the misuse of the left turn. The Board finds that a final site plan will be reviewed by the building official at the time a building permit application is submitted to ensure compliance with all other standards in the Zoning Code not addressed through the Board's review. The Board finds that the North District Plan identifies Dodge Street as a main entranceway corridor into Iowa City and designates this area as appropriate for office uses. Locating the drive-through facility away from Dodge Street and providing adequate screening of drive through and parking areas will help enhance the appearance of Dodge Street, which is a main entranceway corridor to the City. o w DISPOSTION: By a vote of 4-0 the Board approves EXC13-00009, a specialD tidno al a 3 -lane drive-through banking facility in the CO -1 zone, located south of DodreeTland JMt of Scott Boulevard subject to the following condition: G r = m r 0 • Substantial compliance with the submitted site plan, with the addition of traffic signage and required pavement markings for the pedestrian crossings in the area of the drive- through and bank entrance and additional S2 landscape screening to be added to the south end of the north -south driveway. 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. i Z���. Brock Grenis, Chairperson 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 June, 2013, as the same appears of record in my Office. Dated at Iowa City, this /,,2, day of, 20� Wttvt A Q1 WWW Maria ) -,K. Karr, City Clerk CORPORATE SEAL 0 0 A 4, m CD q r 0 W Iz Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-52 { -LG o IIIIIIIIIIIII IIIVIII VIII VIII VIII VIIIVII VIIIVIII VIII VIIIVIII III Prepared by Sarah a 9 Y Doc ID: 023079520006 Type: GEN Kind: DECISION RecDECISION FeeoAmta $32.00/2013 Pape It of 1638:36 AM IOWA CITY BOARD OF ADJUSTMENT Johnson Countv Iowa Kim Painter County Recorder EMMAJ. HARV TLHALL2013 RK5155 PG596-601 MEMBERS PRESENT: Becky Soglin, Larry Baker, T. Gene Chrischilles, Brock Grenis MEMBERS ABSENT: None. c STAFF PRESENT: Sarah Holecek, Sarah Walz, Tim Hennes gh D� -o OTHERS PRESENT: Mark McCallum, Pam Michaud, Steve Kohli, Doug Ferl dourkr SPECIAL EXCEPTION ITEMS: �� S M lo �� fV 1. EXC13-00010: An application submitted by Mark McCallum for a spe%l exption to allow a Bed and Breakfast Inn in the Low Density Multi -family Residential (2-12) zone at 113 South Johnson Street. The Board finds that the applicant, Mark McCallum, has indicated that he will establish the property as his principal residence; in order for a rental permit to be issued for the establishment of the use, the applicant is required to provide evidence to the housing official that this is his principal residence. The Board finds that the property currently has 5 bedrooms. Though the applicant plans to modify the interior of the house to create suites, he may provide no more than 5 bedrooms or suites for use by guests. The Board finds that the site plan provided with the application shows the opportunity to provide up to 4 parking spaces from the driveway access from S. Johnson Street in addition to at least one conforming parking space off the alley. The Board finds that the applicant does not propose to have any non-resident employees for the Bed and Breakfast Inn. The Board finds that the applicant does not propose to have any roomers at this time, and that if a room is rented on a more long-term or permanent basis, the applicant or owner will be required to reduce the number of rooms allowed for short-term rental to comply with the occupancy requirements in the code. The Board finds that the applicant has agreed to install the code required fire protection, including hard wired smoke detectors in each guest room, exit signage, and a fire extinguisher on each floor. The Board finds that installation of the appropriate fire protection is reviewed as part of the building permit and rental permitting processes. The Board finds that every two years, the operator must obtain a rental permit authorizing this use from the City after establishing compliance with City ordinances. The Board concludes that the specific proposed exception to allow a Bed and Breakfast Inn will not be detrimental to or endanger the public health, safety, comfort or general welfare so long as the applicant complies with all required standards with regard to fire protection. Regular rental inspection will help to ensure compliance with all building code requirements. The Board finds that, under the sign regulations, signage identifying the Bed and Breakfast Inn is limited to one non -illuminating sign not to exceed 2 square feet in area. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity, will not substantially diminish or impair property values in the neighborhood, and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: N • The subject property is in a transitional area—a residential zoeq adjaMnt to commercially zoned property and property zoned for multi-far4y—se -T.' • The proposed site plan shows room for the minimum requiredpagcinglor ttWe and is within one block of a municipal parking structure. -qc.> 'A The Board finds that adequate utilities, access roads, drainage and/or nNlParCacili r�e have been or are being provided. Zs 0 The Board concludes that adequate measures have been or will be taken to prNde ingress or egress designed so as to minimize traffic congestion on public streets, based on the following finding: The proposed Bed and Breakfast Inn may provide only 5 guest rooms and thus is not anticipated to generate significant traffic. The Board finds that all zoning issues not specifically reviewed as part of this special exception will be considered during the building permit process to ensure compliance with applicable standards and regulations. The Board finds that the Comprehensive Plan does not address this issue directly but does encourage investment in the neighborhoods and the preservation and re -use of historic properties. Any modification to the exterior of the structure must comply with the Historic Preservation Standards. DISPOSITION: By a vote of 4-0 the Board approves EXC13-00010, a special exception to allow a Bed and Breakfast Inn at property in the RM -12 zone at 113 South Johnson Street, subject to substantial compliance with the submitted site plan. A building permit is required in order to establish the use. 2. EXC13-00011: An application submitted by Faith Academy for a special exception to allow a General Education Facility on property located in the Community Commercial (CC -2) zone at 1030 Cross Park Avenue. The Board concludes that the use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended based on the following findings: • The proposed school would be located in a space facing the multi -family residential area to the south and is separated from the more -intensive traffic generating commercial uses to the north due to the arrangement of commercial buildings on the site. • The layout of the building (L-shaped) and the uneven front setback of structures on this block, in combination with the open space and landscaping between the subject property and Broadway Street, provide separation between the subject property and surrounding uses. • The south side of the building at 959 Highway 6 contains mostly unoccupied office, commercial, or warehouse space. N • T applicant has provided an illustration showing the configuration of the Npoking area where traffic would enter from Cross Park Avenue, loop around to Q entrance of the school, and exit on Cross Park Avenue. Traffic circulation W s not appear to conflict with the commercial loading zone, which has a ding dock recessed into the adjacent commercial building away from the flow J >>dWaffic. LL —� a N• i. proposed hours of operation for the school are from 7:30 a.m. to 3:30 p.m., wFch should not conflict with peak hours for surrounding commercial uses. The a�"p�plicant has indicated that the school would serve 25 students and five staff members, with enrollment potentially growing to 50 students or more. While the initial number of students is small enough that traffic generated by the school is not likely to interfere with the surrounding commercial uses, the Board finds that as enrollment grows, the proposed school may no longer be compatible with surrounding uses. Therefore, the Board recommends as a condition of approval that the applicant be required to apply for a new special exception for an enrollment in excess of 45 students or if the use expands by more than 500 square feet. Board finds that the parking lot includes approximately 29 parking spaces, which, combined with the stacking spaces, should accommodate the traffic generated by the proposed school and not allow such traffic to stack into adjacent streets or public right-of-way. The Board concludes that the 200 -foot front setback from Cross Park Avenue provides ample stacking space for loading and unloading students based on the enrollment presented to the board. The site plan shows room for approximately 10 cars to stack in front of the pick-up/drop-off location with space for approximately 10 more cars to stack ahead of the pick-up/drop-off location. The Board concludes that the proposed school site is designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school and that adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion on public streets based on the findings provided above and the following additional findings: • The applicant has provided a site plan that shows a clearly demarcated pedestrian walkway connecting the adjacent public sidewalks to the main entrance of the proposed school. • Bicycle parking will be located in an area convenient to the main building entrance. • The applicant has indicated that most of the potential students for this school reside to the south of the proposed site. Low -traffic counts from the residential neighborhoods to the south and provision of sidewalks on both sides of the street in these neighborhoods should ensure safe pedestrian access from the south. It is unlikely that children from neighborhoods north of Highway 6 will travel to school on foot. Because pedestrian traffic between buildings seems unlikely the Board waives any requirement for connection to other portions of the commercial site. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on findings provided above regarding the layout of the commercial site, parking, and pedestrian access, in addition to the following findings: • The site plan submitted by the applicant shows approximately 14,000 square feet of green space in front of the proposed school to be used as an outdoor recreation area for students. The applicant has agreed to enclose this area with a fence at a minimum height of four feet. •p Given the small size of enrollment (maximum of 45 students) and the setback from N ac!gdInt residential property, staff does not anticipate that the school would have W= arFJL q: ative impact on surrounding commercial or residential property. ...i Ttoture of the existing after school drop-in program and the proposed general "i e*iggion use would not be significantly different, apart from the hours of operation. LL.. a- Htomtof operation of the proposed school (7:30 a.m. to 3:30 p.m.) do not conflict W%%mmercial business hours. [Z Establishment of the General Educational Facility could lead to re -use and improvements to surrounding commercial property. The proposed school would also improve the traffic circulation of the parking lot area to the south of the proposed school site and pedestrian access to the subject property. The Board finds that all necessary facilities and access for the property are already provided for the commercial area. The Board finds that the applicant will need to apply for a building permit to establish the school use and must meet all Building Code standards specific to schools as well as requirements for pedestrian access and bicycle parking. The Board finds that the Zoning Code, at present, does not allow General Educational Facilities in the CC -2 zone. Approval of this special exception is subject to adoption of a zoning code amendment by City Council to allow these uses within the CC -2 zone. The Board finds that the South District Plan depicts the subject property as appropriate for General Commercial uses. The Comprehensive Plan does not explicitly address this property or the proposed use, apart from encouraging the City to work with educational institutions to further the mission of human development. DISPOSITION: By a vote of 4-0 the Board approves EXC13-00011, a special exception to allow a General Educational Facility for up to 45 students in a Community Commercial (CC - 2) zone located at 1030 Cross Park Avenue, be approved subject to the following conditions: 1) City Council approval of a zoning code amendment establishing criteria for the grant of a special exception to allow General Education Facilities in the CC -2 zone. 2) Enclosure of the outdoor recreation area by fencing of a minimum height of 4 feet to be approved by staff. 3) Establishment of pedestrian routes to school entrances and bicycle parking—the site plan to be approved by staff. 4) An enrollment more than 45 students or an addition of more than 500 square feet of floor area will be considered an expansion of the use requiring a new special exception. Appeal Item: APL13-00002: Discussion of an application submitted by Sandy Beck appealing a decision made by Iowa City's Senior Building Inspector to deny a permit for 24 x 48 foot accessory building to be constructed at 2230 Russell Drive. Based on the following findings, the Board concludes that, in exercising his powers, the Building Official did not follow the regulations established in the Zoning Code with regard to accessory uses and structures: • The proposed accessory structure is subordinate in size to the principal residential use on the site: the proposed structure is 1,152 square feet; the residence is 1,760 square feet. •Whe Zoning Code states (14 -4C -3C -a) "In Residential Zones, the combined footprint oof all.�etached accessory buildings may not exceed 15 percent of the total lot area." 0 "ThAWthe only standard cited in the code that limits the size of accessory structures. 0 W •�Th�0pellant's proposed structure does not exceed the coverage standard for J _y.dedsSacl accessory structures: the subject lot is 9,975 square feet; the detached aasessory building coverage is 11.5%. d LL. ek6J T19fining Code does not place other limits on these structures based on zone, lot �^ size,' footprint of the principal structure. 0 N Based on the following findings the Board concludes that the Building Official was patently arbitrary in applying the code and that the decision to deny a building permit rested on grounds or reasons that are clearly untenable, unreasonable, or lacking rationality in light of the actors' authority: • The appellant provided numerous examples of similar residential properties with equally large or larger detached accessory structures on lots of similar size, some of which were granted building permits subsequent to the 2005 Zoning Code update cited by the Building Official. • The Building Official's alternative proposal for a 24 foot x 24 foot structure has no basis in the Zoning code. DISPOSITION: By a vote of 4-0 the Board grants the appeal and overturns a decision of the Building Official to deny a building permit for a 1,152 square foot (24' x 48') accessory structure in the RS -5 zone at 2230 Russell Drive. 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, to ApProved by: Brock Grenis, Chairperson 9,,�Z % 9 -Y -f3 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 10'h of July, 2013, as the same appears of record in my Office. Dated at Iowa City, this day ofd , 20 CCRPCRAi E SEAL M CD O W 0- UJ J "~ U1 o 0 N Marian X. Karr, City Clerk IOAV CUR IOMV cull crEHR 5013 ZEb -0 bN & 03 UrED 1,0�� /DAD 452bbP 4-96,zo �ee I IIIIIII IIIIII II VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 025205560006 Type: GEN Kind: DECISION Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Recorded: 12/13/2013 at 02:34:16 PM Fee Amt: $32.00 Pape 1 of 6 Johnson CountV Ioua DECISION Kim Painter County Recorder IOWA CITY BOARD OF ADJUSTMENT BK5 188 PG978-983 WEDNESDAY, SEPTEMBER 18, 2013 EMMA J. HARVAT HALL MEMBERS PRESENT: Brock Grenis, Becky Soglin, Connie Goeb, T. Gene Chrischilles, Larry Baker MEMBERS ABSENT: None. ry 0 STAFF PRESENT: Sarah Walz, Sarah Holecek, Bailee McClellan g2 o D" � OTHERS SPEAKING: Mike Hartley, Adam Brantman, Mike Manville c)—c p� —i n N 1 SPECIAL EXCEPTION ITEMS: '<rr a M C:) _ r-+� 1. EXC13-00013: A public hearing regarding an application submitted by Mid Harty fore special exception to allow a dental laboratory, a non -conforming use, that has be@J destroyed to be rebuilt in the Medium Density Single Family (RS -8) zone at 1515 Jackson Avenue. The Board finds that the subject use was housed in a structure that was destroyed by fire in January 2013. Based on the following findings, the Board concludes that the proposed structure for the non -conforming use has been designed and located on the property in order to increase the compatibility with the surrounding residential uses, and that the use and restored structure will not be enlarged beyond what existed before such damage or destruction occurred. • The total building area that was dedicated to the use prior to its destruction was approximately 4,724 square (basement and ground floor combined). • The proposed new structure is approximately 4,500 square feet (basement and ground floor). • The applicant submitted building elevations that look like a residential use and will provide a plan for staff approval that shows how the interior floor plan may be converted to a residential use. • The applicant has submitted building plans to the Historic Preservation Commission for approval; these plans were conditionally approved subject to a more detailed plan showing that the interior floor plan may be adapted for residential use. • The applicant will not re-establish an accessory apartment that was present on the site before the fire. Based on the following findings, the Board concludes that prior to the destruction of building, the intensity of the use and the activities, operations, buildings, and other aspects of the use were generally compatible with the surrounding neighborhood: • The dental lab is a small-scale use that has operated in the neighborhood for 25 years without any record of complaint. • All operations associated with the use are contained to the interior of the building. • The use has a limited number of employees and does not generate customer traffic, parking, noise, or other externalities that might detract from the residential setting. • The applicant has indicated that the use emits some steam, but no odors or dust. • No materials that pose a risk to the neighborhood are stored on the site. • The hours of operation for the business are regular weekday business hours (8:00 AM to 5:00 PM weekdays). Based on the following findings, the Board concludes that the proposal for the restored use will be equally or more compatible with the surrounding neighborhood than it was prior to its destruction: • The building's exterior is designed to appear like a residential structure, and the applicant will be required to submit for staff approval a plan showing how the interior layout can be converted to a single-family residence. • The applicant will not re-establish the accessory apartment that was present on the property before the fire. Accessory apartments are allowed in the zone only in association with owner occupied residential uses. • The use creates plaster, wax, and stone waste, which will be stored in the interior of the building and transported by the owners. No production waste will be stored outdoors. • The use employs 4-6 people. Staff believes it is appropriate to pave parking to the rear of the building to provide the minimum off-street parking required by code for light manufacturing, the use category most similar to the activity proposed within the building. In this case, 4 to 5 parking spaces will be required depending on the final configuration of the building. The Board concludes that once restored/rebuilt, the nonconforming or previously established unpermitted use will be conferred nonconforming status: • The nonconforming use will retain its nonconforming status. If the dental lab ceases to use the building for the specific nonconforming use of the light manufacturing of dental components with no on-site sales, the building can serve as a single-family dwelling which is a permitted use in the RS -8 zone. Any other non -conforming use would require approval of a special exception by the Board of Adjustment. 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 findings enumerated above in addition to the following finding: • The new structure will meet all building code standards with regard to fire safety. Based on the findings above with regard to the nature of the use, the design of the new building, traffic generation, number of employees and hours of operation, 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. N rJ Q CJ r,, C -1O D� c� _ n� �n N �m 3 M � C3 O� ^ For these same reasons and because the new structure will be required to meet all setback and coverage standards for residential zone in which it is located, 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 neighborhood in which the property is located is fully developed with all utilities, roads, drainage, and necessary facilities established. The Board finds that the required parking will be located to the rear of the building in the garage and on a paved parking area with access from the alley. 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 property is currently zoned for Medium Density Single -Family Residential (RS -8) with an Overlay Conservation District (OCD). Appropriate uses in this zone are single-family dwellings. The design of the proposed structure would be that of a single-family dwelling. The Board finds that the Comprehensive Plan acknowledges that small and independently owned local businesses are integral to Iowa City's sense of identity and supports development that provides opportunities for workers to live close to their place of employment. DISPOSITION: By a vote of 5-0 the Board approves the special exception for the property located at 1515 Jackson Avenue currently zoned for Medium Density Single-family Residential (RS -8) zone with an Overlay Conservation District (OCD) to allow for the restoration of the nonconforming use of the dental lab subject to the following conditions: • Substantial compliance with the site plan submitted. • A Certificate of Appropriateness from Historic Preservation. • The applicant will provide a floor planning showing how the interior of the building could be converted to a single family residence. • The building floor area will not exceed the floor are of the dental lab that previously existed on the property (basement + ground floor = 4,724 square feet). • The use will provide all required off-street parking in a garage or paved area to be located to the rear of the building. Four spaces are to be located in the garage and on a paved drive. • The property will meet all dimensional and residential site design standards in the Zoning Code and all building code standards. • Change from the specific use of light manufacturing of dental components with no on- site sales will require a special exception otherwise the building must convert to a conforming use for the RS -8 zone. 0 • Normal hours of operation will be limited to 8:00 am to 6:00 pm. o w Corn —n 2. EXC13-00014: A public hearing regarding an application submitted by PrimepntNs Construction, LLC, for a special exception to allow reduction in minimum reg%'bV co requirement for a principal building in the Low Density Single -Family (RS -5) zone to accommodate screened in porch at 838 Sugar Loaf Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The house is constructed on a relatively small lot (7,329 square feet). The minimum lot size in the RS -5 zone is 8,000 square feet. • The subject lot is relatively shallow: side lot lines measure 110.3 and 108.19 feet. • The slope of the property makes the private backyard space practically unusable. The Board concludes that there is practical difficulty in complying with the setback requirements, based on the following findings: • The topography of the property makes the rear yard practically unusable. The lot is relatively shallow, allowing limited space to create a porch. The construction of the screened porch provides the occupants more opportunity to enjoy the private backyard space. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the following findings: While consistent placement of homes is one purpose of the setback regulation that helps to define the character of a neighborhood, allowing a modest setback reduction along the rear property line, where the property abuts permanent open space, would not alter the character of the street or neighborhood. • Because the setback reduction would be to the rear of the house and the abutting property will not be developed in the future, the covered porch will not restrict access to light and air or separation for fire protection, and will not encroach on the privacy between dwellings or promote an unreasonable physical relationship between residences. • The houses to the east and southeast of the subject property also have rear porches (some screened -in and some not). Thus, the proposed porch is not out of scale and is not inconsistent with other structures in the neighborhood. • The approval of this special exception does not set a precedent for approval of any future requests for setback relief in this subdivision. Because the setback reduction for the porch and covered deck is not contrary to the purpose of the setback standard, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for usegg permitted in the OPD -5 zone in which the property is located. o .� =n m The Board concludes that any potential negative effects resulting from the setba Hred=iort, are mitigated to the extent practical based on the following findings: • Adjacent property to the rear is permanent open space and may not be c7gyr;oped in tb,aJ future. Co • The special exception is for the purpose of screened porch; the installation of windows or solid walls would constitute an extension of the principle structure, such enclosure will not be permitted. The Board finds that the subject porch meets the required 5 -foot side setback requirement. The Board finds that the requested rear setback reduction does not interfere with or alter vehicular access and will not impact ingress or egress from the property, and all necessary utilities and facilities are already in place for this property and the subdivision in which it is located. The Board finds that the applicant is required to secure a building permit for the porch. All other aspects of the house and property will be reviewed for compliance with the zoning code. The Board finds that the Comprehensive Plan does not address this issue precisely, but does encourage policies that preserve and enhance the character of neighborhoods. The plan also encourages small -lot development for the efficient use of land. The Board concludes that the setback reduction is a reasonable accommodation to make this particular lot, which has limited useable open space, to make it more enjoyable for its occupants in a manner that is consistent with other development in the neighborhood. DISPOSTION: By a vote of 5-0, the Board approves EXC13-000, a special exception to reduce the rear principal building setback from 20 feet to 12 feet in order to allow a 12 -foot by 12 -foot screened -in porch for property located at 838 Sugar Loaf Circle, subject to the following conditions: 1. The applicant must secure a building permit for the 12 x 12 -foot screened porch. 2. The porch must be un -enclosed. The installation of windows or solid walls would constitute an extension of the principal structure, which would not be permitted. 3. The applicant must disclose the restrictions on enclosing the porch in materials provided to the homebuyer. 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 GrenitChairpersor ilz rn •.. CD w- c N _J>4 CM.- J - C C 1 LL, WQ O C-3 0 N 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 18'" day of September, as the same appears of record in my Office. Dated at Iowa City, this / day of , 20_�2 Marian . Karr, City Clerk CORPORATE SEAL N 0 o :*Cl) Dy m n r m � an A jAza ggc"' foo o m Cr r ICC ' 452c cD "S oto PW Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 FILED DECISION IOWA CITY BOARD OF ADJUSTMENT 2013 DEC 12 AM 9 i WEDNESDAY, SEPTEMBER 18, 2013 EMMA J. HARVAT HALL MEMBERS PRESENT: Brock Grenis, Becky Soglin, Connie Goeb, T Baker MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Julie Tallman, Sarah Holecek OTHERS SPEAKING: Gerry Denning, Jim Affeldt, Jennifer Baum, APPEAL �CITY CLERK,! Ger & schiifless, Larry Fee I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 025205550002 Type: GEN Kind: DECISION Recorded: 12/13/2013 at 02:28:49 PM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa Kim Painter County Recorder SK5188 PG976-977 APL13-00001: Discussion of an application submitted by TSB Holdings LLC appealing a decision made by the City of Iowa City's Development and Regulations Specialist to deny a site plan at 902 & 906 North Dodge Street & 911 North Governor Street. The Board finds that the appellant submitted site plans on January 3 and on January 10, 2013; both site plans were denied by the City for lacking required information. The Board finds that on January 22 the City Council set a public hearing to consider rezoning portions of the subject properties from R36 and Commercial Office (CO -1) to High Density Single Family Residential (RS -12). The Board finds that, with the setting of the public hearing, a moratorium went into effect precluding the approval of site plans and building permits, and halting all other development activity for which substantial progress had not been made. The Board finds that the appellant submitted a new site plan on January 31; that plan was denied on February 7, in part due to the inclusion of multi -family uses on property under consideration for RS -12 zoning. The Board finds that on March 28, the City Council approved an ordinance rezoning the subject properties to RS -12. The Board finds that the appellant submitted a new site plan on April 18; the Regulation Specialist notified the appellant on April 29 that due to the presence of multi -family buildings, the site plan was considered materially identical to the site plan denied on February 7. The Board finds that the appellant filed an appeal of this decision on May 24, citing a 1985 court order on the property issued by the Iowa Supreme Court. The Board finds that its procedures require an appeal to be filed within 30 days of the decision being appealed. The Board concludes that the Regulations Specialist was reasonable in determining "no material difference" between the January 31 and April 18 site plans due to the presence of multi -family buildings. However, due to the complex history of the zoning of the particular properties involved, including the 1985 court order, the Board concludes that it is appropriate to suspend the procedural rules regarding the timeliness of the appeal in order to consider the merits of the denial. The Board finds that State Code 414.12 grants the Board of Adjustment the authority to decide appeals of administrative decisions. The Board finds that the decision as to whether a court PW order issued in 1985 preserves the right of the property owner to develop the properties according to R313 zoning is not within the authority of the Board of Adjustment as the rezoning was a legislative action of the City Council. The Board concludes that the Regulation Specialist acted within her authority in denying the submitted site plans based on the following findings: • The Regulations Specialist is subject to the legislative actions of City Council, including the moratorium and rezoning of the subject properties. • The Regulation Specialist reviewed the site plans based on the RS -12 zoning as required by the moratorium policy in the City Code and the subsequent rezoning of the property. • Multi -family uses are not permitted in the RS -12 zone. DISPOSITION: By a vote of 0-5 the Board denied an appeal APL13-00001 filed by TSB Holdings, LLC, to overturn a decision made by the City's Regulation Specialist denying a site plan for property located at 902 & 906 North Dodge Street & 911 North Governor Street. Brock Grenis, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: Gerald Denning,8456cial Counsel 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 18" of September 2013, as the same appears of record in my Office. Dated at Iowa City, this /a? �2 day of ! G%I)?�G�Ciy. 20� 00 — <s Q� �y Maria Karr, City Clerk y N rU CORPORATE SEAL 0 N Z;l MOO 4S2ctY�3TK- / J o