HomeMy WebLinkAbout2012 Board of Adjustment DecisionsEMMA J. HARVAT HALL c",-< J — r-
--4c, ---I[ 7
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Adam Plagge, Brock (5rFis -T) M
MEMBERS ABSENT: Barbara Eckstein
0
0
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Kevin Hanick, Crissy Canganelli, Judith Pascoe, Claire Sponsler, John
Thomas, Mark Pries, Carolyn Gross
SPECIAL EXCEPTION ITEMS:
EXC11-00007: A request submitted by Steve Streb for an extension of the expiration date of
the previously approved special exception to permit allow a wet -batch concrete manufacturing
plant in the General Industrial (1-1) zone on Independence Road, north of 420"' Street and south
of Liberty Drive.
The Board concludes that, due to pending litigation, the applicant is not able to begin
construction of the previously approved special exception. For this reason, and because the
applicant has indicated that it may take some time to secure financing for the project, the
Board concludes that the applicant has shown good cause to extend the special exception
for a period of for 12 months starting after the litigation and any appeals are concluded.
Disposition: By a vote of 4-0 the Board of Adjustment extends the special exception EXC11-
00007 to permit allow a wet -batch concrete manufacturing plant in the General Industrial (1-1)
zone on Independence Road, north of 420'" Street and south of Liberty Drive for 12 months
starting after the conclusion of the pending litigation and any appeals.
VARIANCE ITEMS:
VAR11-00001: Public hearing regarding an application submitted by Kevin Hanick for a
variance from the minimum lot area requirements for a duplex in the Neighborhood Stabilization
Residential (RNS-12) zone, located at 331 North Gilbert Street.
The Board acknowledges that conversion to a duplex use may bring the property closer to
compliance in terms of occupancy than its current use as a shelter for 29 roomers. However,
the Board concludes that: 1) the proposed variance may threaten neighborhood integrity by
granting rights that are not permitted to other similarly situated properties, setting the stage
for similar variance requests from other properties in the neighborhood that also do not meet
the current standard for minimum lot area but wish to increase rental opportunity; and 2)that
the proposed variance would not be in harmony with the general purpose and intent of the
Zoning Chapter and would contravene the objectives of the Comprehensive Plan based on
the following factual findings:
e In the surrounding neighborhood, properties with lots under 6,000 square feet are
common, especially along the north -south street frontages.
SCG IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 022414070003 Type: GEN
Kind: DECISION
Recorded: 01/19/2012 at 10:51:15 A
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
Prepared by Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319/356-5230 BK 4859 Pa257-259
DECISION
N
o
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 14, 2011
EMMA J. HARVAT HALL c",-< J — r-
--4c, ---I[ 7
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Adam Plagge, Brock (5rFis -T) M
MEMBERS ABSENT: Barbara Eckstein
0
0
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Kevin Hanick, Crissy Canganelli, Judith Pascoe, Claire Sponsler, John
Thomas, Mark Pries, Carolyn Gross
SPECIAL EXCEPTION ITEMS:
EXC11-00007: A request submitted by Steve Streb for an extension of the expiration date of
the previously approved special exception to permit allow a wet -batch concrete manufacturing
plant in the General Industrial (1-1) zone on Independence Road, north of 420"' Street and south
of Liberty Drive.
The Board concludes that, due to pending litigation, the applicant is not able to begin
construction of the previously approved special exception. For this reason, and because the
applicant has indicated that it may take some time to secure financing for the project, the
Board concludes that the applicant has shown good cause to extend the special exception
for a period of for 12 months starting after the litigation and any appeals are concluded.
Disposition: By a vote of 4-0 the Board of Adjustment extends the special exception EXC11-
00007 to permit allow a wet -batch concrete manufacturing plant in the General Industrial (1-1)
zone on Independence Road, north of 420'" Street and south of Liberty Drive for 12 months
starting after the conclusion of the pending litigation and any appeals.
VARIANCE ITEMS:
VAR11-00001: Public hearing regarding an application submitted by Kevin Hanick for a
variance from the minimum lot area requirements for a duplex in the Neighborhood Stabilization
Residential (RNS-12) zone, located at 331 North Gilbert Street.
The Board acknowledges that conversion to a duplex use may bring the property closer to
compliance in terms of occupancy than its current use as a shelter for 29 roomers. However,
the Board concludes that: 1) the proposed variance may threaten neighborhood integrity by
granting rights that are not permitted to other similarly situated properties, setting the stage
for similar variance requests from other properties in the neighborhood that also do not meet
the current standard for minimum lot area but wish to increase rental opportunity; and 2)that
the proposed variance would not be in harmony with the general purpose and intent of the
Zoning Chapter and would contravene the objectives of the Comprehensive Plan based on
the following factual findings:
e In the surrounding neighborhood, properties with lots under 6,000 square feet are
common, especially along the north -south street frontages.
• The RNS-12 zone was established in this neighborhood to address conversion of
single-family homes to higher density in areas with small lot sizes.
• Of the twenty-one RNS-12 properties within 300 feet established on lots of less than
6,000 square feet, more than half (eleven) comply with the zoning requirements for
use and occupancy.
• The Comprehensive Plan (Central District Plan) calls for "achieving a healthy
balance of rental and owner occupied housing in the district's older neighborhoods to
promote long-term investment, affordable housing opportunities, and preservation of
historic homes and neighborhoods."
As one of the three prongs of the test for unnecessary hardship, the Board concludes that
the applicant has failed to show that the property in question cannot yield a reasonable
return if used only for purposes allowed in the RNS-12 zone based on the following factual
findings:
• Of the twenty-one RNS-12 properties established on lots of less than 6,000 square
feet located within 300 feet of the subject property, more than half (eleven) comply
with the zoning requirements for use and occupancy, including the properties located
on the adjacent corners of the intersection of Gilbert and Davenport Streets.
• While the property has an assessed value of more than $200,000, no evidence was
presented to show that the assessor inspected the interior of the house, which may
have had the effect of reducing the assessed value.
• The applicant has not had an appraisal of the property to provide an accurate
assessment of the property's present condition and thus the applicant has failed to
establish what would constitute a reasonable return for the property.
• Anecdotal information presented in the hearing suggests that the local housing
market is somewhat depressed and that, it is not unusual for properties to stay on
the market for some time and to sell for less than the asking price.
Regarding the second prong of the test for unnecessary hardship, that the situation is
unique or peculiar to the property in question and not shared with other landowners in the
neighborhood, the Board acknowledges that the use of the property as a shelter allowing 29
roomers for more than twenty-five years is unusual, and that the shelter use was approved
by the City at the time of its establishment in the early 1980s and supported by the City
through contributions to the shelter's funding during the subsequent years of operation. The
Board also finds that the intensity of the previous use is a condition not shared by other
properties in the neighborhood. However, the board also finds that the use restriction placed
upon the property based on its lot size is not unique to this property and is indeed a
condition shared by a significant number of properties in the immediate area and that more
than half of the properties established on lots less than 6,000 square feet comply with the
current use and occupancy requirements.
0
As to the third prong of the test for unnecessary hardship, not of the landowner's out
making, the Board concludes that the hardship is of the landowner's own rr*!tg tamed dTIl
the following facts: --
Statements by the applicant and staff indicate that the intensity of tll shelteFuse 7�
• over the course of more than twenty-five years has taken a toll on the Fijndit{gn ofgMU
the property;
O
• The condition of the structure is not reflected in the assessed value of the property;
and
• Both the applicant and staff have indicated that, due to the intensity of the shelter
use and deferred maintenance, substantial renovation is necessary to re-establish
the house as a single-family use.
Disposition: By a vote of 1-2 (Plagge in favor; Jennings recused) the Board denies a
variance to waive the minimum lot area requirements for the establishment of a duplex use
in the RNS-12 zone at 331 North Gilbert Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms of
the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa.
dot
Caroline Sheerin, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Appr y:
City Atto ey'kbfKce-
O ^�
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Acyustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of December, 2011, as the
same appears of record in my Office.
Dated at Iowa City, this 7 day of 20�
p/'Ia.�cerisr� � 7�ti
Mari . 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, JANUARY 11, 2012
EMMAJ. HARVAT HALL
N
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker
�
>n
N
rnw
MEMBERS ABSENT: William Jennings
—icy-)
--'r—
_
STAFF PRESENT: Sarah Holecek, Sarah Walz,
r,
o ^
_
o
-:)
OTHERS PRESENTING: None
SPECIAL EXCEPTION ITEMS:
1. EXC11-00011: An application submitted by Brueggers Enterprises, Inc., for a special exception to allow
up to three parking spaces for residential uses at 225 Iowa Avenue to be located on a separate lot in a
municipal parking facility in the Central Business (CB -10) zone.
The Board finds that the applicant has submitted the required location plan showing the property
boundaries and distance from the Tower Place parking facility. The Board finds that the applicant is
proposing to build one 2 -bedroom apartment and two 1 -bedroom apartments, and has requested up to
three (3) spaces for long-term rental in order to satisfy the minimum parking requirements for three
apartment units. The Board finds that all utilities, access roads, drainage and other facilities are in place
to serve the parking facility and the development of the proposed building. The Board finds that all
aspects of the residential development will be reviewed by the Building Official as part of the building
permit process and by Design Review in order to ensure that all aspects of the code not specifically
considered here are in compliance with the zoning code.
The Board concludes that the proposed location for off-site parking is appropriate; that it will not be
detrimental to or endanger the public health, safety, comfort or general welfare; and will not will not
be injurious to the use and enjoyment of other property in the immediate vicinity and will not
substantially diminish or impair property values in the neighborhood based on the following findings:
• In the CB -10 Zone, up to 100 percent of the required parking number of parking spaces maybe
provided in a City -owned parking facility regardless of the distance between the use and the
parking facility.
• The Tower Place Parking Facility provides a total of 511 parking spaces;
• The Tower Place ramp is approximately 223 feet from the proposed dwelling units with sidewalks
and a controlled intersection connecting the two sites.
• The proposed site is in a municipal ramp in which the parking is designed to provide safe vehicle
access, with appropriate ingress and egress to public streets.
• Pedestrian access (sidewalk) is already established between the two sites and the crossing at Iowa
Avenue and Linn Streets is a controlled intersection.
a The ramp is already constructed so there will be no change to the surrounding area.
I IIIIIII IIIIII III VIII VIII ILII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 022445980003 Type: GEN
Kind: DECISION
Recorded: 02/27/2012 at 09:27:18 AM
Fee Amt: $17.00 Pape 1 of 3
Johnson County Iowa
Kim Painter CountV Recorder
BK4874 PG419-421 W,
The Board concludes that the establishment of the specific proposed exception will not impede the
normal and orderly development and improvement of the surrounding property for uses permitted in
the zone in which such property is located, based on the following findings:
• The Director of Transportation Services has reviewed the application and has indicated to staff
that presently there is adequate capacity in the Tower Place Parking Facility to provide the
requested 3 spaces. However, as future parking needs in the Central Business District change,
the Tower Place Parking Facility may not always be able to accommodate the 3 spaces.
Therefore, the Board recommends that the special exception include a provision to allow the
Director of Transportation Services to relocate the 3 permits to other downtown municipal
parking facilities as needed on an annual basis.
• Design Review of the final building plan will ensure that the proposed building is compatible with
the surrounding property.
The Board concludes that the criterion requiring a covenant for off-street parking Is met because the
applicant has agreed to submit the required written agreement as part of the building permit
application. The conditions assigned by the Board will ensure that parking permits are to available serve
the residents of the development.
The Board concludes the proposed use is consistent with the Comprehensive Plan, as amended, based
on the following findings:
• The Comprehensive Plan highlights the need to strike a balance between higher density
residential development in the Downtown Planning District with the needs of parking for
downtown businesses. Council provided further guidance on striking such a balance when it
amended the zoning code in 2009 to establish minimum parking requirements for the CB -30
zone and to allow for a special exception for offsite parking in a municipal ramp.
• The Comprehensive Plan notes the need for an ongoing strategy to address the appearance of
downtown.
DISPOSITION
By a vote of 3-0 the Board approves EXC31-00011, an application submitted by Bruegger's Enterprises,
Inc. for a special exception to allow up to 3 parking spaces in a municipal parking facility to satisfy the
minimum parking requirements for a mixed use building to be constructed in the Central Business (CB -
10) zone at 225 Iowa Avenue, subject to the following conditions:
• The applicant must submit the required agreement for off-site parking prior to securing a
building permit. The agreement shall include the following conditions:
o The permits shall only be available to residents of 225 Iowa Avenue at a cost not to
exceed the market rate determined by the Director of Transportation Services at the
time of leasing.
o The property manager must provide the Director of Transportation the name, license
plate number, and address of all permit holders. Permits will only be granted
Ao
residents with the primary address of 225 Iowa Avenue.
N
o The Director of Transportation Services may relocate the permits to another downtoWR
municipal parking facility on an annual basis as necessary to accommooa'te dor and for-
municipal
ormunicipal parking facilities.w i
The final building plan shall be approved by the Staff Design Review Committ?
M
O
c
It
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.
6 APP ovy: 1^1
44- LCaroline Sheerin, C airperson�
ity Attor ey's Office \ a — –%7,
STATE OF IOWA )
)ss:
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 14th day of December, 2011, as the same appears of
record in my Office.
Dated at Iowa City, this_ �day of 2012
2"e,� yC! y��
Marian K. arr, City Clerk
N
O
CORPORATE SEALS
'--9
CA
_
r
a
cn
LZ
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191358-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 8, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Brock Grenis, William Jennings, Larry Baker
MEMBERS ABSENT: Caroline Sheerin
STAFF PRESENT: Sarah Holecek, Sarah Walz, Andrew Bassman
OTHERS PRESENT: Brian Ramirez
SPECIAL EXCEPTION ITEMS:
F-ee.
Doc ID: 022445970003 Type: GEN
Kind: DECISION
Recorded: 02/27/2012 at 09:24:59 Ar
Fee Amt: $17.00 Pape 1 of 3
Johnson County Iowa
Kim Painter County Recorder
eK4874 PG416-418
1. EXC12-00001 a public hearing regarding an application submitted by New Cingular Wireless PCS
LLC (AT&T) for a special exception to locate a communication transmission facility in the
Neighborhood Public (P-1) zone at 2901 Melrose Ave. (West High School).
The Board finds that the height of the tower is limited to 114 feet by FAA regulation and that the
closest residential zone is located 362 feet from the proposed tower location. The Board finds that the
proposed shelter is located in an area that is not readily visible from adjacent properties or rights of
way. The Board finds that the area where ground equipment will be stored is located behind existing
bleachers and partially concealed by a retaining wall, and that the equipment will be surrounded by
an 8 -foot high chain-link fence with privacy slats. The Board finds that the applicant intends to cover
the enclosure with fence in order to prevent people or trash from getting into the enclosure. The
Board finds that the facility will not be using a backup generator as the principal power source.
The Board concludes that the proposed tower serves an area that cannot be served by an existing
tower on industrial property or by locating antennas on existing structures in the area based on the
following findings:
The applicant has provided a map showing the clock tower at Walden Square as the only
existing tower within a half -mile radius of the proposed site. However, there are no existing
towers that provide opportunities for co -location and no properties zoned industrial in the
vicinity.
There is one antenna structure within a .8 -mile radius of the proposed monopole location
listed in the FCC Antenna Structure Registration database. That antenna structure, with a
height of 60 feet, is located at 2576 Westwinds Drive. The applicant stated that the antenna is
not suitable for the applicant's use due to overall height and space constraints in the
structure.
The Board concludes that the proposed tower structure will be constructed in a manner that will
reduce its visual impact on the surrounding area based on the following findings:
• The proposed monopole would be similar in appearance to the existing light poles at the
football field, except it will be 114 feet tall while the current light pole it would replace is
roughly 80 -foot tall.
• The antennas will be flush -mounted to the exterior of the pole at approximately 104 and 109
feet.
9 The monopole will not have guywires or support trusses.
N
O
^�
7
N
a�
�r
r^
a
_
;rn
U7
1. EXC12-00001 a public hearing regarding an application submitted by New Cingular Wireless PCS
LLC (AT&T) for a special exception to locate a communication transmission facility in the
Neighborhood Public (P-1) zone at 2901 Melrose Ave. (West High School).
The Board finds that the height of the tower is limited to 114 feet by FAA regulation and that the
closest residential zone is located 362 feet from the proposed tower location. The Board finds that the
proposed shelter is located in an area that is not readily visible from adjacent properties or rights of
way. The Board finds that the area where ground equipment will be stored is located behind existing
bleachers and partially concealed by a retaining wall, and that the equipment will be surrounded by
an 8 -foot high chain-link fence with privacy slats. The Board finds that the applicant intends to cover
the enclosure with fence in order to prevent people or trash from getting into the enclosure. The
Board finds that the facility will not be using a backup generator as the principal power source.
The Board concludes that the proposed tower serves an area that cannot be served by an existing
tower on industrial property or by locating antennas on existing structures in the area based on the
following findings:
The applicant has provided a map showing the clock tower at Walden Square as the only
existing tower within a half -mile radius of the proposed site. However, there are no existing
towers that provide opportunities for co -location and no properties zoned industrial in the
vicinity.
There is one antenna structure within a .8 -mile radius of the proposed monopole location
listed in the FCC Antenna Structure Registration database. That antenna structure, with a
height of 60 feet, is located at 2576 Westwinds Drive. The applicant stated that the antenna is
not suitable for the applicant's use due to overall height and space constraints in the
structure.
The Board concludes that the proposed tower structure will be constructed in a manner that will
reduce its visual impact on the surrounding area based on the following findings:
• The proposed monopole would be similar in appearance to the existing light poles at the
football field, except it will be 114 feet tall while the current light pole it would replace is
roughly 80 -foot tall.
• The antennas will be flush -mounted to the exterior of the pole at approximately 104 and 109
feet.
9 The monopole will not have guywires or support trusses.
A.
Additional lighting is not required by the FAA, thus disturbance to the surrounding
neighborhood is minimized.
The school district will determine the height of the lighting for the football field; the
construction drawings indicate the lighting height and type will match existing lighting around
the football stadium.
The applicant has provided a simulation of the how the tower would appear in the proposed
location.
The Board concludes that the proposed tower will be no taller than is necessary to provide the service
intended, based on the following findings:
• The applicant has stated that, at 114 feet, the monopole height is the minimum needed to
provide the increased coverage adequately while complying with FAA requirements.
• The applicant has provided maps illustrating radio coverage before installation and after to
help visualize the increased coverage afforded by the proposed site.
• The maps show existing gaps in coverage and improved changes in coverage created by the
proposed tower.
The Board concludes that the tower is designed and constructed to accommodate at least two
additional users, and the tower will not exceed the one hundred fourteen foot (114') height limitation
based on the following findings:
• The applicant has indicated that the monopole is the minimum height required to provide
adequate coverage to the area while complying with FAA requirements.
• The applicant has provided certification by a professional engineer licensed in Iowa that the
proposed tower will be designed to permit two additional antenna systems of comparable
size to be added to the tower immediately below the highest antenna.
Based on the findings given below, the Board finds that the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to
the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or
impair property values in the neighborhood; and will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the zone in which such property is
located.
• The structure must meet all applicable building, mechanical and fire-eodes, 4ftluding—
wind and ice loading requirements for the monopole.
• Ground equipment will be housed in a shed surrounded by fencing Qad scrER,-bed RDW
view of other properties by bleachers, a retaining wall and trees.7T 1
• The school district will also be able to use the monopole for athleticRO[d tig11tog. yy
• The pole will be located more than 300 feet from the nearest residential zona;
The Board finds that an abandonment letter was not provided with the application. To ensure the
provision of the letter or other satisfactory evidence of the applicant's agreement to remove the
monopole and equipment should use of the facility be discontinued, the Board will place a condition
that the letter be provided at the time that the building permit application is submitted. The Board finds
that adequate utilities will be provided to serve the site and access is provided through the school
parking lot and on existing access to the athletic field, and that no drainage issues are present. The
Board finds that the proposed use does not generate vehicle traffic and thus will have no impact on
ingress or egress from West High property. The Board finds that all other aspects of the site must be
compliance with the zoning code and that the applicant must secure a building permit before
constructing the tower.
Disposition: By a vote of 3-0 the Board approves EXC12-00001, to allow installation of a privately -
owned communication transmission facility in a public (P-1) zone at 2901 Melrose Avenue (West High
School), subject to the following conditions:
• The applicant must submit a letter or other satisfactory evidence, at the time of application for a
building permit, indicating that all equipment will be removed if the use is discontinued.
• Substantial compliance with the submitted site plan.
• Installation of a fence cover on top of the fenced enclosure.
2. EXC11--00008: A request to extend the term of a special exception to allow a drive-through restaurant in
the Community Commercial (CC -2) zone located at 710 Hwy 1 West, east of Hawk Ridge Drive.
The Board concludes that the applicant has shown good cause for an extension of the term of the special
exception based on the explanation provided by staff that the applicant is pursuing a purchase of the
property, which has been delayed due to issues with the subdivision of the property and that all other
conditions regarding the property and its intended use have not changed.
Disposition: By a vote of 3-0 the Board approves a 6 -month extension of the term of EXC11-00008.
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.
11 am Jennjn Vice C airperson
STATE OF IOWA
;3e
*sffic
)ss:
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 Adjustmervfbf Iowa
City, Iowa, at its regular meeting on the 8°i day of February, 2012 , as the same appears of record in my
Office. d
M
Dated at Iowa City, this day of 20�� ? o
Marian E. 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, March 28, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Brock Grenis, Larry Baker
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENTING: NONE
SPECIAL EXCEPTION ITEMS:
IIIIIII IIIIII III IIIIIIIIIIIIIII IIIIIIIIIIIIIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 022499400003 Type: GEN
Kind: DECISION
Recorded: 04/24/2012 at 11:29:06 AM
Fee Amt: $17.00 Pape 1 of 3
Johnson Countv Iowa
Kim Painter Countv Recorder
BK4898 PG113-115
1. EXC12-00002: Discussion of an application submitted by Steven Sacks for a special exception to
allow a reduction of the required front yard setback for property located in the Low Density Single -
Family (RS -5) zone at 1215 Pickard Street.
The Board concludes that the situation is peculiar to the property in question and that there is
practical difficulty complying with the setback requirements based on the following findings:
• The attached garage is approximately 9 feet wide, which makes it difficult to use for storing a
standard size car or larger.
The applicant is already using the driveway to store his car.
The Zoning Code requires one off-street parking space for single-family uses in the RS -5 zone,
but does not allow the required parking space to be located within the front principal building
setback.
The Board concludes that granting the exception will not be contrary to the purpose of the setback
regulations based on the following findings:
Because the setback reduction is for vehicle parking and no changes to the size of the principal
building (the house itself) are proposed, the above criteria do not apply. However, Staff believes it is
more appropriate to consider the standards below that relate to parking in the single-family zones.
The Board concludes that the application is in keeping with the parking location standards in the
code and that any potential negative effects resulting from the setback exception are mitigated to
the extent practical based on the following:
• A standard parking space is 18 feet in length. Under the current zoning code, driveways that
lead to a garage are required to be a minimum of 25 feet in length in order to minimize the
opportunity for vehicles to be parked across the sidewalk.
• The street right-of-way line is located 25 feet from the garage and the sidewalk is located 32.5
feet from the garage, and so there is adequate space to park a car on the driveway without
blocking the sidewalk.
• The driveway is set back more than the required 3 feet from the side property line.
• There is ample space between buildings and driveways along this frontage.
• The subject frontage is 267 feet in length, and has just three homes.
• Two of the houses provide vehicle access from Pickard Street. The existing building and
driveway satisfy the setback requirements.
Based on the findings 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 and will not
substantially diminish or impair property values; 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 in the neighborhood:
• The front property line is located 25 feet from the garage and the sidewalk is located 32.5 feet
from the garage.
• A standard parking space is 18 feet in length. Under the current zoning code, driveways that
lead to a garage are required to be a minimum of 25 feet in length in order to minimize the
opportunity for vehicles to be parked across the sidewalk.
• Pickard is a low-volume street, only two blocks in length, and does not intersect with any
collector or arterial streets.
• The proposed setback reduction is solely for the purpose of allowing required parking to be
located on the existing driveway.
• The subject house satisfies all building setback requirements for the zone in which it is located.
The Board finds that the subject neighborhood is fully developed with all necessary access roads,
drainage and other facilities, and alleys. The Board finds that the subject property is a single-family
residence and thus does not generate significant traffic to impact public roads.
The Board finds that the proposed setback reduction conforms to the applicable regulations for
single-family residences in the RS -5 zone, and that the applicant is required to secure a building
permit to convert the garage to living space. The Board finds that while the Comprehensive Plan does
not address this issue directly, it does encourage reinvestment in Iowa City's established
neighborhood and preservation of pedestrian safety.
DISPOSITION: By a vote of 4-0 the Board recommends approval of the application submitted by Steven
Sacks to reduce the front principal building setback from 19.5 feet to 7 feet to allow a required parking
space to be located along the driveway for a single-family use located in the Low -Density Single -Family
Residential (RS -5) zone at 1215 Pickard Street, subject to the following condition:
• The setback reduction is for the purpose of satisfying the parking location standards only and
does not allow for any expansion of the building into the required setback.
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 tq establish the use or construct the improvement authorized under the terms
of the Board's decision.
Caroline Sheprir}yQoa
co
J 1�
N
7-�=
C
r�
�A a
J P
N
Q
O
N
Code Section 14 -8C -1E, City of Iowa City, Iowa.
IL
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 28th day of March , 2012, as the same appears of record in
my Office.
Dated at Iowa City, this 3 day of 2011
Maria' -n . Karr, City Clerk
CORPORA-�E 5�,� N
0
v N
1
^: W
ar �
- m �
0
Ur
,j
opo /�L 0.2P- i ���
Doc ID: 022186450005 Type. GEN
Kind: DECISION
Recorded: 05/25/2011 at 11:42:12 AM
Fee Amt: $29.00 Peae 3 of
5
Johnson County Iowa
Kim Painter Countv Recorder
SK4755 PG195-199
Prepared by Tabatha Miller, Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 13, 2011
EMMA J. HARVAT HALL
MEMBERS PRESENT: CAROLINE SHEERIN, BARBARA ECKSTEIN, WILLIAM
JENNINGS, BROCK GRENIS, ADAM PLAGGE
N
MEMBERS ABSENT: NONE. o
o — _
STAFF PRESENT: SARA GREENWOOD HEKTOEN, BOB MIKLO D� u
C") —< N
OTHERS PRESENT: JEFF CLARK, MARILYN HOLLAND —+n r a
=gym 3s M
SPECIAL EXCEPTION ITEMS:
0
EXC10-00013: Discussion of an application submitted by Center City LLC for a*ecial
exception to allow above -ground structured parking and off-site parking for a proposed
mixed-use building to be located in the Central Business (CB -10) zone at 328 East
Washington Street.
With regard to the above -ground, on-site structured parking special exception, the Board
makes the following conclusions and findings of fact:
Based on the site plan submitted, which shows that the on-site parking is set back
behind the first 50 feet of the ground floor, the Board concludes that the proposed
structured parking will not detract from or prevent ground floor storefront uses. The
Board finds that vehicular access to the proposed structured parking is from the rear
alley.
Based on the submitted building elevations, the Board concludes exterior walls of the
above -grade parking structure that are visible from the public street appear to be a
component of the building fagade and will match the design of the front of the building.
The Board concludes that entrance and exit to the structured parking area meets the
standards for the special exception, based on the following:
• The submitted site plans shows that the entrance to the parking structure is at
the rear of the building and is set back 10 feet from the public alley.
• The parking entrance/exit is at grade.
• The site plan shows a double garage entry, allowing adequate visibility for cars
entering and exiting the site.
• The site plan, which shows the line of sight for vehicles exiting the facility,
illustrates adequate visibility around the dumpster and mechanical equipment.
With regard to the off-site parking special exception, the Board makes the following
conclusions and findings of fact:
The Board finds that the applicant has requested to provide 19 spaces off site in a
municipally -owned ramp in the same CB -10 zone, and has submitted the required special
location plan showing that the off-site parking is located approximately 400 feet from the
entrance to the proposed mixed use building. The Board finds that the zoning code allows
up to 100 percent of the required number of parking spaces to be provided in a
municipally-owned parking facility, regardless of the distance between the use and the
parking facility, because the use is in the CB-10 zone. For this reason the Board
concludes that a requirement that the parking be within 300 feet of the entrance does not
apply.
The Board finds that the applicant is not proposing to "share" parking with another use.
The Board finds that the Director of Planning and Community Development in
consultation with the Director of Transportation Services and the City Manager has
substantiated that the addition of the requested number of parking spaces will not
exceed the capacity of the parking facility, based on the following:
• The applicant has requested 19 spaces for long term rental in the municipal
parking facility.
• There are 475 spaces in the Chauncey Swan ramp; 384 regular permits are
issued, 16 permits are reserved in perpetuity for apartment tenants at 225 S.
Gilbert Street, and 75 spaces remain open.
• Nearly all regular permits expire annually and the number available for renew or
sale is based on an analysis by the Director of Transportation Services.
• The Director of Transportation Services has indicated that there is available
capacity in the ramp at this time. The Director of Planning and Community
Development and the City Manager agree.
The Board concludes that the criterion requiring a covenant for off-street parking is met
because the applicant has agreed to submit the required written agreement as part of
the building permit application based on the number of spaces approved by the Board.
With regard to both special exceptions requested, the Board concludes that they 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 location, based on the
following:
• Ingress and egress from the municipal parking ramp is designed to be safe and
has good visibility to and from adjacent streets.
• Access to the on-site structured parking is at grade from the rear alley,
minimizing conflicts with pedestrians, bicyclists, and vehicles. Visibility for
vehicles entering and exiting the on-site structured parking is not impeded by the
dumpster enclosure or other obstacles.
• The site plan shows the proposed building has a prominent entrance frcw the
public street that is safe and accessible to pedestrian residents. o =
• Currently there is adequate capacity in the Chauncey Swan Ramp %PDviik theM
requested 19 spaces.-< -a
• The Director of Transportation Services retains the right to relaq4w tle 19r
permits to other downtown municipal parking facilities as needed >qn vnua[M
basis. o::D a Q
�;X o
v Ln
The Design Review process will ensure that the building is compatible with the
surrounding property.
The proposed building design reserves 50 feet of depth for storefront use.
The above -grade parking will not be highly visible from public streets or
sidewalks.
The Board concludes adequate utilities, access to roads, drainage, and necessary
facilities have been provided based on the following:
• The locations of the proposed new building and the municipal parking facility
have all necessary utilities, road, drainage and other facilities in place.
• Any potential changes to the drainage at 328 East Washington Street will be
reviewed by staff, and will ensure drainage does not affect Ecumenical Towers.
The Board concludes adequate measures have been taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets based on the following:
• All municipal parking facilities are designed to provide safe ingress and egress to
adjacent public streets and minimize congestion of public streets.
• Access to the on-site structured parking is through the public alley, is set back 10
feet from the alley, and designed to allow adequate visibility for vehicles entering
and exiting the site without obstruction from dumpster enclosure ogother
obstacles. _
C) �n
-eco a
The Board concludes, except for the specific regulations and standards appl—" blelo the --
excepting being considered, the specific proposed exception, in all Coe rewectsr—
conforms to the applicable regulations or standards of the zone in wht is to bTn
located, based on the following: 7
• All aspects of the residential development will be reviewed by the BgFMg (ificia�
as part of the building permit process and by Design Review in order to ensure
that all aspects of the code not specifically considered here are in comp Nance
with the zoning code.
The Board concludes the proposed use is consistent with the Comprehensive Plan, as
amended, which highlights the need to strike a balance between higher density
residential development in the Downtown Planning District with the needs of parking for
downtown businesses. The Board finds that Council provided further guidance on
striking this balance when it amended the zoning code in 2009 to establish minimum
parking requirements for the CB -10 zone and to allow for a special exception for offsite
parking in a municipal ramp. The Comprehensive Plan notes the need for an ongoing
strategy to address the appearance of downtown. The Design Review process will
ensure that the building is aesthetically compatible with the downtown, and the adjacent
Ecumenical Towers.
Disposition: By a vote of 5-0 the Board approved the special exception to allow above 13
on-site, above -ground structured parking and 19 off-site parking spaces for a proposed
mixed use building to be located in the Central Business (CB -10) zone at 328 East
Washington Street, subject to the following conditions:
The applicant must enter in to an agreement with the City for a maximum of 19
off-site parking permits prior to securing a building permit. The agreement shall
include the following conditions:
o The permits shall only be available to residents of 328 East Washington
and at a cost not to exceed the market rate determined by the Director of
Transportation Services at the time of leasing,
o The Applicant or its designee must provide the Director of Transportation
the name, license plate number, and address of all permit holders.
Permits will only be granted to residents with the primary address of 328
East Washington;
o The Director of Transportation Services reserves the right to relocate the
permits to another downtown municipal parking facility on an annual basis
as necessary to accommodate demand for municipal parking facilities, as
determined by the Director in his or her sole discretion.
The final building plan, site plan, and elevation drawings are subject to Design
Review approval to ensure:
o The building is compatible with the scale and character of downtown with
a ground -floor storefront that is appropriately designed to be attractive to
commercial tenants; and building articulation along the south and west -
facing facades to break up blank faces and provide visual interest;
o that any portions of the structured parking visible from the adjacent
residential building should appear to be a component of the building;
o that the building features a prominent street -facing residential entrance
that is located close to the front property line and is safe and accessible
to pedestrian residents; o
o that conflicts with surrounding uses are minimized; and gn 9 'n
o that the dumpster location and enclosure design will not it a Mibi
lit�
into the alley for vehicles exiting the parking garage -=ic') r
TIME LIMITATIONS: :<,, 3 M
All orders of the Board, which do not set a specific time limitation on Aicant 99tion,
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 ection 14-8C-1 City of Iowa City, Iowa.
IA=
Approved by:
Caroline Sheerin, Ch irperson
. �'�2�fwZu�lU� �4�VraGs✓
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 13th day of
April, 2011, as the same appears of record in my Office.
Dated at Iowa City, this _�� day of 20_
-'d 2J_�Vla�r/
arian K. Karr, City Clerk
N
O
O
4C--)
L
a
-d
r�
m
3
M
cn
C• � of (c
pop yslp-u — 'N1 plo
N
C�
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker, Will Jennings, T. Gen6ChrischAfes
MEMBERS ABSENT: n
STAFF PRESENT: Sarah Holecek, Sarah Walz -;
OTHERS PRESENTING: Dan Black, Tom Gelman, Kevin Monson, David Kieft
w
SPECIAL EXCEPTION ITEMS:
1. EXC12-00007 Discussion of an application submitted by MidwestOne Bank for a special
exception for a temporary drive-through banking facility on property located in the Community
Business Service (CB -2) zone at 509 South Dubuque Street.
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:
• Access to the drive through is from the paved public alley.
• Two lanes with two stacking spaces for each lane is sufficient to serve the use based
upon similar banking drive-throughs in the area and the diminishing reliance on these
facilities due to on-line banking.
• Much of the area adjacent to the public alley is now surface parking.
• It is anticipated that this area will be re -zoned for mixed use as part of the Riverfront
Crossings District.
The Board concludes that the transportation system is capable of safely supporting the proposed
use in addition to the existing uses in the area and that 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 above as well as the following findings:
• The alley is 20 feet wide, sufficient to support two-way traffic.
• Harrison and Prentiss Streets are both low-volume streets.
• A number of drive-through banking facilities currently operate safely along the
perimeter of the downtown, including the current Midwest One and Bank of the West
facilities on Clinton Street and the University of Iowa Community Credit Union at 500
Iowa Avenue.
The Board finds that the proposed drive-through does not indicate any set back or separation
between the outside drive-through lane and the public alley, however, given the limited intensity
of bank drive-throughs, hours of operation, and the temporary nature of the proposed service,
the Board waives the setback requirement, concluding that the drive-through will be compatible
Doc ID: 022560990005 Type: GEN
Kind: DECISION
Recorded: 06/16/2012 at 04:36:15 PM
Fee Amt: $27.00 Pape 1 of 5
Johnson Countv Iowa
Prepared by Sarah Walz, Associate Planner, 410 E.
Washington, Iowa City, IA 5: Kim Painter county Recorder
BK4926Pa251-255
DECISION
�p
IOWA CITY BOARD OF ADJUSTMENT
1�
WEDNESDAY, MAY 9, 2012
EMMA J. HARVAT HALL
N
C�
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker, Will Jennings, T. Gen6ChrischAfes
MEMBERS ABSENT: n
STAFF PRESENT: Sarah Holecek, Sarah Walz -;
OTHERS PRESENTING: Dan Black, Tom Gelman, Kevin Monson, David Kieft
w
SPECIAL EXCEPTION ITEMS:
1. EXC12-00007 Discussion of an application submitted by MidwestOne Bank for a special
exception for a temporary drive-through banking facility on property located in the Community
Business Service (CB -2) zone at 509 South Dubuque Street.
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:
• Access to the drive through is from the paved public alley.
• Two lanes with two stacking spaces for each lane is sufficient to serve the use based
upon similar banking drive-throughs in the area and the diminishing reliance on these
facilities due to on-line banking.
• Much of the area adjacent to the public alley is now surface parking.
• It is anticipated that this area will be re -zoned for mixed use as part of the Riverfront
Crossings District.
The Board concludes that the transportation system is capable of safely supporting the proposed
use in addition to the existing uses in the area and that 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 above as well as the following findings:
• The alley is 20 feet wide, sufficient to support two-way traffic.
• Harrison and Prentiss Streets are both low-volume streets.
• A number of drive-through banking facilities currently operate safely along the
perimeter of the downtown, including the current Midwest One and Bank of the West
facilities on Clinton Street and the University of Iowa Community Credit Union at 500
Iowa Avenue.
The Board finds that the proposed drive-through does not indicate any set back or separation
between the outside drive-through lane and the public alley, however, given the limited intensity
of bank drive-throughs, hours of operation, and the temporary nature of the proposed service,
the Board waives the setback requirement, concluding that the drive-through will be compatible
with existing uses in the immediate vicinity and can operate safely so long as there is some visual
separation between the outside drive lane and the alley (bollards, paving markings or another
method to be approved by planning staff) and by marking entry and exit to the drive-through
with appropriate signage. For these same reasons the Board concludes the specific proposed
exception will not be detrimental to or endanger the public health, safety, comfort or general
welfare.
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 establishment of the specific proposed
exception will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the zone in which such property is located, based on
the findings provided above and these additional findings:
• The proposed drive-through banking facility is not out of character with the existing uses in
the area and is an appropriate at this location, which is part of Riverfront Crossings District.
• Adjacent properties currently use the area along the alley for parking.
• The proposed drive-through is intended to function temporarily until the bank can re-
develop property at the corner of Harrison and Clinton Streets.
The Board finds that adequate utilities, drainage and other necessary facilities are already
provided for this property and that a final site plan must be submitted for final site plan review
and building permit. The Building Official will review the site plan and proposed lighting for the
facility to determine that all applicable zoning requirements are satisfied, including the lighting
requirements. All applicable zoning requirements for the property must be met in order for a
building permit to be issued.
The Board finds that the Comprehensive Plan currently shows this area as being appropriate for
government functions and mixed uses and that the subject location is within the Riverfront
Crossings Redevelopment area and is proposed for re -zoning to a mixed use zone in which it is
anticipated that drive-through banking facilities will be a conforming use.
DISPOSITION: By a vote of 5-0 the Board approves EXC12-00007, a special exception to allow a
temporary drive-through banking facility at 509 South Dubuque Street, subject to the following
conditions:
• Installation of bollards, paving markers or other means of separating the outside drive-
through lane from the alley to be approved by staff.
• The drive through area will have pavement markings and signage to direct vehicles;;
• General compliance with the site plan for the drive-through as submitted; with thenal site,
plan and lighting to be approved by the Building Official.
• Upon establishment of a proposed new bank facility at the corner of Harrisa`n ,and-aintoff`
Streets, the subject drive-through will be discontinued. E .n
2. EXC12-00008: Discussion of an application submitted by MidwestOne Barik fo'. speeial
exception for a drive-through banking facility on property located in the Communtw Business
Service (CB -2) zone at the southeast corner of Clinton and Harrison Streets.
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:
• Access to the drive-through is from the paved public alley.
• Two lanes with three stacking spaces each is sufficient based upon similar banking drive-
throughs in the area and the diminishing reliance on these facilities due to on-line
banking.
• Much of the area adjacent to the public alley is now surface parking.
• Staff anticipates that this area, which is part of the Riverfront Crossings District, will be
re -zoned for mixed use—commercial and residential.
• By providing signage at the exit to remind drivers to yield to pedestrians on the sidewalk,
the applicant can enhance the safe crossing of the sidewalk on Harrison Street.
The Board concludes that the transportation system is capable of safely supporting the proposed
use in addition to the existing uses in the area 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 above as well as the following findings:
• The paved alley is 20 feet wide, which is sufficient to support two-way traffic.
• The exit for the drive-through is located along Harrison Street—a low volume street,
which will be improved when the new bank building is reconstructed.
• The exit to the drive-through is not in conflict with the drive -up mailboxes in the median
of East Harrison Street.
• A number of drive-through banking facilities currently operate safely along the
perimeter of the downtown, including the current Midwest One and Bank of the West
facilities on Clinton Street and the University of Iowa Community Credit Union at 500
Iowa Avenue.
Based on the site plan submitted with the application, the Board finds that the drive-through
lanes will be set back at least 10 feet from the alley right-of-way and screened from view by a
building wall. The Board finds that property lighting must be reviewed by the Building
Department as part of the building permit process and that all lighting standards must be met in
order for an occupancy permit to be issued.
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:
• Bank drive-throughs have limited intensity and limited hours of use.
• The site plan shows the building set back approximately 5 feet from the sidewalk, which will
provide adequate visibility for vehicles exiting the drive.
• Signage at the exit will be required to remind drivers to yield to pedestrians on the sidewalk.
The Board finds 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 diminidibr impair
property values in the neighborhood; and that the establishment of the specifiz prgposed
exception will not impede the normal and orderly development and improvemeArpf the
surrounding property for uses permitted in the zone in which such property is located based on
the findings provided above and these additional findings:
• The proposed drive-through banking facility is not out of character with the existing uses in
the area and is an appropriate at this location, which is part of Riverfront Crossings District.
• Adjacent properties currently use the area along the alley for parking.
The Board finds that adequate utilities, drainage and other necessary facilities are already
provided for this property and that Harrison Street will be improved at the time the new Bank
facility is constructed. The Board finds that a new curb cut for the drive-through requires a
permit from the Public Works Department.
The Board finds that the new bank facility will not be built for a few years and may be under a
new zoning designation, and that once the applicant has firm plans to construct the building, a
final site plan must be submitted to determine that all applicable zoning requirements are
satisfied for the property.
The Board finds that the Comprehensive Plan currently shows this area as being appropriate for
government functions and mixed uses; and that the subject location is within the Riverfront
Crossings Redevelopment area and is proposed for re -zoning to a mixed use zone in which drive-
through banking facilities will be a conforming use.
DISPOSITION: By a vote of 5-0 the Board approves EXC12-00008, a special exception to allow
drive-through banking facility at the southeast corner of Harrison and Clinton Streets, subject to
the following conditions:
• The drive through area will have pavement markings and signage to direct vehicles,
including pedestrian signage, at the exit onto Harrison Street.
• Substantial compliance with the proposed design of the drive-through as submitted; with
the final site plan and lighting to be approved by the Building Official.
• Approval of the curb cut onto Harrison Street by the Public Works Department.
The Board approves extending the term of the special exception to 5 years, within which time
the applicant must have taken action to establish the use or construct the new bank building
under the terms outlined above.
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.
;5ey
Y:
Caroline Sheerin, C irperson
's Offic r/
=fir v
r• ::
C.0
a�
STATE OF IOWA
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 May, 2012, as the same appears of record in my
Office.
Dated at Iowa City, this /J day of 2012
17
Marian. Karr, City Clerk
CpP\PUV\ �E SM
N
O
"
C
Y
W
c�
Oho / 1 f' o oC2
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City,
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker
MEMBERS ABSENT: Will Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 022560880010 Type: GEN
Kind: DECISION
Recorded: 06/18/2012 at 04:33:51 PM
Fee Amt: $52.00 Pape 1 of 10
Johnson County Iowa
IA 5 Kim Painter Countv Recorder
BK4926 PG241-250
ie
OTHERS PRESENTING: Marc Moen, David Bents, Dallas Robertson, Dave Robertson
SPECIAL EXCEPTION ITEMS:
1. EXC12-00003: Discussion of an application submitted by Marc Moen for a special exception to
allow above ground structured parking for two vehicles and to allow 12 required parking spaces
to be provided off-site in a municipal facility for a proposed mixed use building to be located in
the Central Business (CB -10) zone at 114 S. Dubuque Street.
The Board concludes that the conditions on the subject property create a practical difficulty in
achieving full compliance with the code requirements for structured parking and providing the
required on-site parking based on the following finding:
• The limited size of the property (40 x 80) makes it impractical to provide parking below grade
and any parking provided within the building cannot meet the 50 -foot setback requirement.
The Board concludes that the proposed alternative storefront space, both the interior and
exterior, will be of a quality in both design and materials that will enhance the commercial
character of the Central Business District based on the following findings:
• Including the proposed mezzanine space, which will be located above the parking, the
amount of space committed to retail floor area is the same as would occur without the
parking.
• The applicant is proposing to build three additional floors of Class A office space above the
retail space.
• The proposed building design as characterized in the application, including the ground -floor
retail space and the upper floor office space will be constructed with high quality building
materials and designed to provide maximum visibility and access for retail customers with
storefront windows of floor to ceiling height that appear to exceed City standards and with
floors 2-4 intended to achieve the standards for Class A office space.
• The applicant will be required to demonstrate compliance with all Central Business
standards with regard to building entrances, floor to ceiling heights, minimum fenestration,
and building articulation prior to issuance of a building permit.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare and that the proposed on-site
parking is designed to provide safe ingress and egress to adjacent public streets and will not
contribute to congestion of public streets based on the following findings:
• Vehicular access to the proposed structured parking within the building is from the alley
to the south, and that these parking spaces will not be visible from the public street.
• Vehicle access does not cross the adjacent sidewalk or pedestrian areas.
• The proposed building is 450 feet from the entrance to the Dubuque Street parking
facility and that the walking route between the parking facility and the proposed
development is through City Plaza.
• Municipal parking facilities are designed to provide safe vehicular access—both ingress
and egress.
The Board concludes that the capacity of the parking facility will not be exceeded by this request
based on the following findings:
• The Dubuque Street parking facility provides 626 parking spaces, and 325 permits are
issued annually.
• Nearly all regular permits expire annually and the number available for renew or sale is
based on an analysis by the Director of Transportation Services. The Director of
Transportation Services has indicated that there is available capacity in the ramp at
this time.
The Director of Planning and Community Development and the City Manager concur
with this analysis.
The Board finds that the zoning code allows that for properties located in the CB -10 zone, up to
100% of the required parking may be provided in a municipal ramp regardless of its proximity to
the proposed development, and that because the parking facility is already constructed, there
will be no change to the area. The Board finds that applicant has submitted a draft parking
covenant as part of the redevelopment plan to the City Council for approval and that this
covenant will be submitted as part of the building permit application.
The Board concludes that the special 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 findings above in addition to the following:
• The proposed development devotes approximately 80% of the ground floor space to retail
use, and includes three floors of Class A office space, which contributes to the Downtown
commercial vitality.
• The proposed residential units add to the diversity of Downtown housing and will not
substantially increase parking demand.
• The on-site parking is visible only from the adjacent alley where one single -wide garage
opening is provided for each of the two spaces, which is the minimum necessary for access.
The Board concludes that the establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for uses
permitted in the zone in which such property is located based on the current capacity of the
Dubuque Street parking facility and the following findings regarding the on-site parking:
• The structured parking allows for more than 30 feet of depth for storefront use plus an
additional mezzanine level highly visible to pedestrians through floor to ceiling storefront
glass windows.
C-) +– °
- w
w
J
• The structured parking will not be generally visible from public streets or sidewalks and will
be screened from view by garage doors located along an alley, which is intended for
vehicular access, garbage dumpsters, and other utilitarian functions of the building
• With inclusion of the mezzanine level, the building will provide the same amount of retail
floor area as it would without structured parking.
The Board finds that utilities, access roads, drainage and other facilities are in place to serve the
parking facility and the development of the proposed building.
The Board finds that all aspects of the mixed use development will be reviewed administratively
by City staff as part of the site plan and building permit process in order to ensure that all
aspects of the development not specifically considered here are in compliance with the Zoning
and Building Codes.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended based on the following findings:
• The Comprehensive Plan, drafted in 1997, promotes the concept of higher density housing
in the Downtown.
• The City Council has addressed concerns about parking demand in the Downtown by
requiring parking for residential uses and providing for the special exception to allow off-site
parking in municipal ramps in order to meet the parking requirements.
• The proposed mixed-use building will include 24 one -bedroom apartments and 2 two-
bedroom apartments, adding to the diversity of housing opportunities in Downtown Iowa
City for long-term renters or owners.
DISPOSITION: By a vote of 3-0 the board approved EXC12-00003, an application submitted by
Marc Moen for a special exception to allow 2 on-site above -ground structured parking spaces
and 12 off-site parking spaces in a municipal parking facility to satisfy the minimum parking
requirements for a mixed-use building to be constructed in the Central Business (CB -10) zone at
114 S. Dubuque Street, subject to the following conditions:
• The applicant must submit the required agreement for off-site parking prior to securing a
building permit. The agreement shall include the following conditions:
• The permits shall only be available to residents of 114 South Dubuque Street
at a cost not to exceed the market rate determined by the Director of
Transportation Services at the time of leasing.
• The property manager must provide the Director of Transportation the
name, license plate number, and address of all permit holders. Permits will
only be granted to residents with the primary address of 114 South Dubuque
Street.
• The final building plan is generally consistent with the plan submitted as part of this
application with regard to the design for the retail and office floors, and the residential unit and
bedroom mix and must comply with the Central Business Site Development Standards asset
forth in the Zoning Code.
—
C --'r
r—
firr, �
W
2. EXC12-00005: Discussion of an application submitted by Parish Apartments LLC for a special
exception to reduce the required width for a parking aisle for the preservation of a historic
property located in the Planned Development Overlay / Neighborhood Stabilization Residential
(OPD/RNS-20) zone at 108 McLean Street.
The Board finds that the applicant is in the process of having the property designated as a
Landmark and that, if approved, any future alterations to the property that require a building
permit will be subject to compliance with the guidelines contained in the Historic Preservation
Handbook.
The Board concludes that the modification for the parking aisle width will help preserve the
aesthetic attributes of the historic property based on the following finding:
• Strict adherence to the dimensional requirements would require more extensive grading
and paving and would likely result in the loss of additional oak trees and possible
damage to the critical root zone of other trees.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort, or general welfare; and that adequate measures
have been or will be taken to provide ingress or egress designed so as to minimize traffic
congestion on public streets based on the following findings:
• The proposed exception will primarily affect residents of the property and will likely
result in minimal traffic generation to and from the site.
• While motorists may need to yield for brief periods if vehicles happen to arrive and
leave the driveway at the same time this is unlikely to result in congestion along this
low-volume street.
• The site plan shows additional driveway paving for a total width of 20 feet at the
intersection of the driveway with McLean Street for a fire lane that may also serve as a
waiting area where a motorist entering the driveway could idle their vehicle to allow an
exiting motorist to pass.
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 or impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the zone in which such property is located based on
the findings above and the following findings:
• The mature oak trees contribute to the overall aesthetic quality of the property and
serve as a buffer from the adjacent property.
• The proposed aisle width reduction would likely be preferable for neighborhood
property owners as opposed to the removal of trees and installation of a wider aisle.
Based on administrative approval of the OPD site plan, the Board concludes that adequate
utilities, access roads, drainage and/or necessary facilities have been or are being provided, and
that, except for the specific regulations and standards applicable to the exception being'
considered, the specific proposed exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is to be located.
The Board finds that the Comprehensive Plan promotes the preservation of historic properties as
well as environmentally sensitive areas.
DISPOSITION: By a vote of 3-0 the board approved EXC12-00005, on application submitted by
Parish Apartments LLC to reduce the minimum aisle requirement from 11 feet to 17 feet to allow
minimization of paved surfaces and preserve existing oak trees for a multi family use located in
the Planned Overlay Development /Neighborhood Stabilization Residential Zone (OPD/RNS-20)
zone at 108 McLean Street.
EXC12-00006: Discussion of an application submitted by McDonald's USA, LLC for a special
exception to expand the existing drive-through facility on property located in the CC -2
(Community Commercial) zone at 2440 Mormon Trek Boulevard.
The Board concludes that increasing 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 and given the appurtenant
conditions:
• Uses adjacent to McDonald's—a car wash and gas station—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 that pedestrian access is 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, with appropriate conditions, the transportation system is capable of
safely supporting the proposed expansion of the drive-through use in addition to the existing
uses in the area and that the proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare based on the above findings with regard to
vehicle access, drive-through location, and directional signage and markings as well as the
following findings and conditions:
• The McDonald's restaurant is located in a high -traffic area at the corner of Mormon Trek
Boulevard and Highway One. Both roads are designed to handle the level of traffic
generated by this kind of retail uses.
• 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 Westside Drive.
• The 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 Boulevard.
• 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 concludes that the proposed exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity; will not substantially diminish or impair property
values in the neighborhood; and will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the zone in which such property is
located based on the findings cited above in addition to the following findings:
• The drive-through lanes meet the 10 -foot setback from adjacent lot lines and public
rights-of-way requirement.
• The submitted site plan shows added S-2 screening along the east and south property
lines as well as the rear (north) side of the drive-through.
• The change in grade along the west property line provides effective separation and
screening between the commercial properties and therefore the board recommends
waiving the required screening in this area. The site plan does show the addition of shade
trees in this area in order to meet the parking area design standards in the code.
• The Board finds that that the property lighting must be reviewed by the Building and that
all lighting standards must be met in order for a building permit to be issued.
• The Board finds that the drive-through area 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 adequate measures have been or will be taken to provide ingress or
egress designed so as to minimize traffic congestion on public streets and that adequate
utilities, access roads, drainage and/or necessary facilities have been or are being provided
based on findings cited above and 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 a 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 finds that a site plan must be submitted for final site plan review and issuance of a
building permit. The Building Official will review the plan to determine that all applicable zoning
requirements are satisfied. All applicable zoning requirements must be met in order f & a
building permit to be issued. c3
..Z, :
`=
_
n
;5
_
'�
w
The Board finds that the Comprehensive Plan identifies the area where the McDonald's is
located as general commercial, an area intended to provide opportunity for a large variety of
commercial uses that serve a major segment of the community.
DISPOSITION: By a vote of 3-0 the board approved EXC12-00006, an application submitted by
McDonald's USA, LLC, for a special exception to allow the expansion of an existing drive-through
facility at 1440 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; and
• The subject property must be rezoned to Community Commercial (CC -2).
4. EXCll-00005: Discussion of 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 804 S. Riverside Drive.
The Board concludes that increasing the number of drive-through lanes, stacking spaces and
paved area for the expanded 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 proposed site plan shows space for at least 5-6 cars to stack at the order boards in
order to improve the efficiency of the drive-through.
• There is adequate space for 5 cars to stack on the north side of the building in the pick-
up lane.
• The drive-through order boards are located at the rear of the site and behind the
building, and pavement markings and traffic islands demarcate the drive-through lanes
from other vehicle circulation areas on the site.
• This property is surrounded by commercial properties and is not readily visible from
residential zones.
• 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 that pedestrian access is provided from the Riverside Drive right-of-
way. Pavement markings are shown on the site plan and are a requirement of the
parking area design standards.
While there are long-term concerns about the traffic along this commercial corridor, 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: ^;
• Because the drive-through is located to the rear of the building, there is sufficient space: j
for vehicles to stack before reaching the entrance from Riverside Drive.
n
uJ: W
C.J
• The property is accessed via curb cuts along Benton Street and South Riverside Drive,
which are both arterial streets. The intersection of Benton and Riverside is a controlled
intersection with turning lanes.
The 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 provided from
Riverside Drive.
• 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.
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, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the findings
above in addition to the following findings:
• The drive-through lanes meet the required set back standards on all sides of the
property.
• The submitted site plan shows the required S2 screening along Benton Street and
Riverside Drive and S2 screening is already present on the Staples side of the south
property line.
• An existing retaining wall and change of grade along the east property line serves as an
effective buffer and separation from the adjacent property to the east; thus the board
recommends that the requirement for S2 screening should be waived in this area.
• The property lighting must be reviewed by the Building Department as part of the
building permit process, and all lighting standards must be met in order for a building
permit to be issued.
• A site plan must be submitted as part of the building permit process. All applicable
zoning requirements must be met in order for a building permit to be issued.
• The drive-through area location and traffic circulation for the drive-through are directed
behind the building and are not in view of residential zones.
• All necessary utilities and drainage are available at this site. Any changes effecting storm
water drainage must be approved by the City Engineer.
• Areas not devoted to vehicle and pedestrian circulation are shown landscaped with
"turf, grasses, low shrubs, or other living cover." Currently some portions of the site are
covered in river rock—this includes areas near the entrance drives and the south
property line setback. The applicant will replace rock with sod and/or mulch to satisfy
the requirements of the zoning code.
• A site plan must be submitted for final site plan review and building permit. The
Building Official will review the plan to determine that all applicable zoning.
requirements are satisfied. All applicable zoning requirements must be met in order for
a building permit to be issued.
While the findings cited above support a conclusion that the specific proposed exception will
not impede the normal and orderly development and improvement of the surrounding property
for uses permitted in the zone in which the property is located, the following findings indicate
that cross access should be addressed at this time in order to support the proposed expansion
as well as future development on surrounding properties:
• Several properties in the immediate vicinity are vacant and will likely be redeveloped in
the coming years—these include properties within the Riverfront Crossings
redevelopment area—which has the potential to increase traffic and congestion along
Benton Street and Riverside Drive.
• As properties redevelop along this portion of Riverside Drive, they are required to
provide cross -access: Staples and a motel being developed on a parcel to the south have
been required to provide cross access. Adjacent lots associated with the Staples and
former Mumm's property will also be required to provide cross -access, however, it is
unlikely that the McDonald's property will redevelop in the foreseeable future.
• The City encourages cross -access and the consolidation of curb cuts along arterial
roadways in order to minimize traffic congestion.
• Providing cross access and the consolidation of curb cuts between the McDonald's
property and the commercial site to the east (former Mumm's property) will not
jeopardize safety of either site, will not conflict with the expanded circulation for the
drive-through, and will serve to improve traffic circulation and safety for both
properties.
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 findings provided
above in addition to the following findings:
• Having ingress and egress from both Riverside Drive and Benton Street will reduce traffic
congestion. Because traffic on Riverside Drive tends to be heavy and slow-moving during
peak travel times, ingress and egress will be self-regulating for the expansion.
• To provide a safer ingress, the site plan shows that an existing parking space directly
adjacent to the drive will be removed and landscaped.
• Allowing for future cross access and consolidation of curb cuts between the McDonald's
site and the commercial property to the east (former Mumm's site) will help to minimize
congestion and turning conflicts along Benton Street.
The Board concludes that by improving the perimeter landscaping for the property and providing
the opportunity for a consolidated curb cut along Benton Street by allowing cross access for
property to the east, the proposed expansion of the drive-through will comply with the long-term
goals of the Southwest District Plan.
DISPOSITION: By a vote of 3-0, the Board approved EXC11-00005, an application submitted by
McDonald's USA, LLC, to allow an expansion of the existing drive-through facility in the Community
Commercial (CC -2) zone, at 804 South Riverside Drive, subject to the following conditions:
• Substantial compliance with 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;
• Re -landscaping of areas currently covered in rock as necessary to meet the code standard
for turf or other plant covering;
• Approval by the Building Official of the final site plan, lighting plan, and any new signage
for the site; and
• A cross access easement for the drive entrance from Benton Street to allow the
consolidation of curb cuts along this arterial street at such time as the property to the east
redevelops.
• The cross access easement must be granted prior to issuance of the building permit.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City
Caroline Sheerin,
STATE OF IOWA
JOHNSON COUNTY
Section 14 -8C -1E, City of Iowa City, Iowa.
� .t�/00In� i
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 _1Lday of 2012, as the same
appears of record in my Office.
Dated at Iowa City, this 5 day of
2012
• ,S
IOWA S
Marian C. Karr, City Clerk
o
�r• ♦rrr'Y ••
j��
pORATE SEAQ
:4�
w
/opo Zb-2000 1-310,20
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
N
O
DECISION U
IOWA CITY BOARD OF ADJUSTMENTS C
WEDNESDAY, JUNE 11, 2012'=t
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, T. Gene Chrischilles, Larry Baker 7
MEMBERS ABSENT: Will Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Mike Pugh, Beth Bewley -Randall, John Shaw, Johna Leddy
SPECIAL EXCEPTION
EXC12-00009: A public hearing regarding an application submitted by Beth Bewley -Randall
and Tom Randall for a special exception to convert a non -conforming use located in the
Medium Density Single -Family Residential (RS -8) zone at 1018 Walnut Street to another
non -conforming use (a Building Trade Use).
Specific Criteria for this Special Exception:
14 -4E -5B: The Board of Adjustment may grant a special exception to allow a nonconforming
use, which is located in a structure not designed for a use allowed in the zone, to be
converted to a nonconforming use in a different use category or subgroup that is the same
or lesser in intensity than the existing use, provided the following conditions are met:
a. The proposed use will be located in a structure that was designed for a use that is
currently not allowed in the zone, for example a storefront commercial building located in
a single family zone.
The Board concludes that the building, originally constructed as an automotive showroom
and repair space, continues to be open area for which no use allowed in the zone has
been established and the building has not been modified for a conforming use. The
building is not readily adaptable to a use allowed in the zone.
b. The proposed use is of the same or lesser level of intensity and impact than the existing
use, considering the relative factors such as traffic generation, parking demand, hours of
operation, residential occupancy, noise, dust and customer and/or resident activity.
The Board concludes that the proposed use is of the same or lesser intensity than the
existing use based on the following findings:
• The subject building was originally constructed as an automotive showroom and is
not designed for, or readily adaptable to, a use currently allowed in the zone.
• Though the property may have had less intensive uses in recent years, it does not
have a clear history of legal use.
• Due to the size of the building and its structure, which is warehouse -like, it is inviting
to a number of uses that could create a disturbance or detract from the residential
Doc ID: 022587360004 Type: GEN
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��
Kind: DECISION
Recorded: 07/05/2012 at 02:10:26 PM
Fee Amt: $22.00 Paqe 1 of 4
Johnson County Iowa
Kim Painter
county
Recorder
BK4WgqPG78
7-79
O
nZ
neighborhood—i.e. uses that could generate noise, dust, customer traffic, or parking
demand, etc.
With the special exception, the property would be limited to a building trade use only
and no other uses would be permitted on the site.
The proposed use would not generate customer traffic.
Conditions imposed by the Board are intended not only to limit the intensity of the
proposed use but also to limit the opportunity for significant growth of the business
on the site by controlling the hours and days of operation; limiting signage, lighting,
outdoor storage, parking of vehicles (both fleet and personal staff vehicles);
prohibiting outdoor assembly or other activities on the site; and reducing driveway
widths and parking.
General Criteria for a Special Exception:
The Board concludes that the specific proposed exception will not be detrimentatto 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 the property is located based on the conditions listed above in addition to the
following conditions:
• The applicant will install hard surface paving within the parking area;
• The applicant will paint and maintaining the front fagade of the building;
• The applicant will provide appropriate setbacks and screening along property lines
as described;
The Board concludes that the proposal will not be detrimental to or endanger the public
health, safety, comfort, and general welfare based on the following findings:
• Driveway access to the site and the size of the parking area will be reduced and
vehicle areas will be separated from the sidewalk in accord with a proposal
submitted by the applicant;
• All activities and storage associated with the use will be indoors;
• All recycling or stripping of electrical materials, including potentially hazardous
materials, will occur off-site or indoors.
The Board concludes that the structure and site are suitable for the proposed use because
the structure includes overhead doors and is warehouse -type space on a site that is located
just one block off Summit Street and one Block off Kirkwood Avenue where work vehicles
and delivery trucks will not have to travel a great distance on lower volume residential
streets to access the site. The Board finds that no enlargement of the building is proposed.
The Board finds that all necessary utilities, access roads, drainage and/or necessary
facilities are being provided and that the modifications to the driveway access to the building
will help to create efficient and safe ingress and egress for truck deliveries in order to
minimize traffic congestion on public streets. The Board finds that the applicant must secure
a building permit in order to establish the use and that all other aspects of the code will be
reviewed at as part of that process.
The Board finds that the Comprehensive Plan encourages the re -use of existing buildings so
long as their use does not interfere with the function and character of the neighborhood in
which they are located. The Board concludes that the conditions associated with this
approval—especially the modifying and screening of the parking area, requiring that all
parking for the use, including staff parking, be provided on site; and requiring that the
storage of all fleet vehicles, equipment, supplies, and activities to be within the building—are
intended to control the use of the property and future expansion of the business such that it
will not detract from the function and character of the surrounding residential neighborhood.
Disposition: By a vote of 4-0 (Jennings absent) the Board approves EXC12-00009, a special
exception to allow the non -conforming use that is located in a structure designed for a use
that is not allowed in the zone to convert to another non -conforming (Building Trade) use for
property located in the Medium Density Single -Family (RS -8) zone at 1018 Walnut Street,
subject to the following conditions:
• The special exception is for a building trade use only; no additional uses are permitted
on the site;
• The parking area should be set back and screened to minimize views of the parking area
to create separation between vehicle area and right-of-way, and to reduce driveway
widths;
• Adoption of the concept provided by the applicant for the buffer and green space with S2
screening along the south property line;
• Requiring a 10 feet of setback from the west property line with S3 screening;
• Requiring a 5 feet of setback with no screening along the east property line; .
• The site plan shall be approved by the Director of Planning and Community
Development/staff,
• Hours of operation are limited to 6 AM to 6 PM weekdays;
• Fleet vehicles must be stored inside the building during non -work hours, including
weekends;
• Outdoor storage of equipment, materials, or dumpsters is not allowed;
• All assembly, repair, or construction associated with the use must be conducted indoors;
• Signage should be limited to a facia or awning sign in compliance with the zoning code
standard for non-residential uses located in a residential zone;
• All outdoor lighting shall comply with the zoning code standards for residential zones;
• The applicants shall paint and maintain the front fagade of the building in a manner that
does not detract from the residential character of the zone as proposed in the submitted
elevations;
• The parking area, including driveways, shall be paved with a hard surface in compliance
with the parking area standards in the code;
• The applicants will secure a building permit to establish the change of use on the
property.
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.
G i4� /7
Caroline Sheerin, C airperson
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 11th day of June, 2012, as the
same appears of record in my Office.
Dated at Iowa City, this 1=3 day of � 2012
Ile
Marian . Karr, City Clerk
0
CORPORATE SEAL
=!C- rn
r-
-<r
_J
Air+S/nnn-k4pBono -NImam
1111111 111111 III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 022644510005 Type: GEN
Kind: DECISION
Recorded: 08/20/2012 at 04:29:10 PM
Fee Amt: $27.00 Pape 1 of 5
Johnson County Iowa
re Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191358-5230 Kim Painter County Recorder
4964 877-8 8 1
'Rct,� 1u{p: BK PG
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 11, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker, T. Gene Chrischilles
MEMBERS ABSENT: William Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz, Gerald Denning (Special Counsel)
OTHERS PRESENT: Robert Wetherell, Michael Pugh, Marc Moen
APPEAL ITEM:
1. APL12-00001: a public hearing regarding an application filed by NCS Pearson appealing a
decision of the Iowa City Housing and Inspection Services Director denying a building permit
for a wind turbine on the grounds that it is not an accessory use in the Office Research Park
(ORP) zone.
FINDINGS OF FACT: The Board received evidence that on March 27, a building official
informed the Pearson's engineers that her prior interpretation that the proposed wind turbine
would be allowed was incorrect; a building permit was subsequently denied on April 5, 2012.
In a letter dated April 12, 2012, the Director of Housing and Inspection Services informed
the attorney for Pearson's that he had reviewed the situation and concurred that the building
permit should be denied because a wind turbine is not an allowed accessory use under the
Iowa City Zoning Code, stating that "a wind turbine is not customarily incidental to and
commonly associated with the permitted use ... in this case an office use." The Director's
letter made no reference to height or placement of the proposed turbine and did not refer to
the presence of a wind turbine on City property.
The Board finds that the proposed wind turbine is approximately 140 feet in height and is to
be located in the Office Research Park (ORP) zone at Pearson's main office at 2510 North
Dodge Street. The Board finds that two wind turbines are established on other properties in
Iowa City: a 23 -foot wind helix located at the Iowa City Environmental Education Center and
a 37 -foot turbine on the University of Iowa Campus. The Board finds that wind turbines are
becoming more common in usage in the state of Iowa, and that municipalities are adopting
ordinances to regulate their use. The Board finds that the City of Iowa City has no such
regulations but is in the process of drafting them.
CONCLUSIONS OF LAW:
In support of the appeal, two members of the Board conclude the Building Official
was in error based on the following conclusions:
1. The presence of two wind turbines within city limits constitutes a precedent for the -use
being common in the community. _ '
2. The increasingly common use of wind turbines in the State of Iowa constitwes ac,
precedent for the use being common. � s
3. The Building Official failed to acknowledge the presence of other wind turbines in his
denial of the appellants wind turbine.
4. The height and location of the appellant's proposed wind turbine are not relevant in the
determination of whether the use is an allowed use accessory to an office use.
One member of the Board voted to deny the appeal and uphold the decision of the
Building Official based on the following conclusions:
1. The presence of two small wind turbines of limited height in public zones elsewhere in
Iowa City does not constitute a precedent such that a significantly larger wind turbine
should be considered a use commonly associated with office uses.
2. The existence of a use on public property does not determine its permitted use on
private property.
3. The zoning code indicates that size and scale are relevant in determining an accessory
use.
4. Because there are no zoning guidelines for wind turbines, the Building Official would
have no authority to regulate size, location, zoning, nor any other aspect of this or any
other proposed wind turbine.
5. Given the manner in which the code regulates a range of other common accessory uses,
it would not be reasonable to assume that such a use should be considered so common
as to be permitted without any regulation.
Disposition: The motion to overturn the decision of Iowa City Zoning Official denying a
building permit for a wind turbine failed on a vote of 2-1.
SPECIAL EXCEPTION ITEM
2. EXC12-00003— Discussion of a request by Marc Moen to modify a previously approved
special exception in order to provide two required parking spaces off site in a municipal
ramp for a proposed mixed-use development in the CB -10 zone at 114 S. Dubuque Street.
A special exception approved in April allowed the two required spaces to be provided at
grade within the proposed building.
The Board concludes that the conditions on the subject property create a practical difficulty
in achieving full compliance with the code requirements for structured parking and providing
the required on-site parking based on the following finding:
• The limited size of the property (40 x 80) makes it impractical to provide parking
below grade.
The Board concludes that the proposed alternative storefront space, both the interior and
exterior, will be of a quality in both design and materials that will enhance the commercial
character of the Central Business District based on the following findings:
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare based on the following
findings:
• The proposed building is 450 feet from the entrance to the Dubuque Street
parking facility and that the walking route between the parking facility and the
proposed development is through City Plaza.
• Municipal parking facilities are designed to provide safe vehicular access—both
ingress and egress.
The Board concludes that the capacity of the parking facility will not be exceeded by this
request based on the following findings:
• The Dubuque Street parking facility provides 626 parking spaces, and 325
permits are issued annually.
• Nearly all regular permits expire annually and the number available for renew or
sale is based on an analysis by the Director of Transportation Services. The
Director of Transportation Services has indicated that there is available capacity
in the ramp at this time.
• The Director of Planning and Community Development and the City Manager
concur with this analysis.
The Board finds that the zoning code allows that for properties located in the CB -10
zone, up to 100% of the required parking may be provided in a municipal ramp
regardless of its proximity to the proposed development, and that because the parking
facility is already constructed, there will be no change to the area. The Board finds that
applicant will submit a parking covenant as part of the building permit application.
The Board concludes that the special 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 findings above in addition to
the following:
• The proposed development devotes approximately 60% of the ground floor space to
retail use, and includes three floors of Class A office space, which contributes to the
Downtown commercial vitality.
• The proposed residential units add to the diversity of Downtown housing and will not
substantially increase parking demand.
The Board concludes that the establishment of the speck proposed exception will not
impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the zone in which such property is located based on the
current capacity of the Dubuque Street parking facility
The Board finds that utilities, access roads, drainage and other facilities are in place to
serve the parking facility and the development of the proposed building.
The Board finds that all aspects of the mixed use development will be reviewed
administratively by City staff as part of the site plan and building permit process in order
to ensure that all aspects of the development not specifically considered here are in
compliance with the Zoning and Building Codes.
The Board concludes that the proposed use will be consistent with the Comprehensive
Plan, as amended based on the following findings:
• The Comprehensive Plan, drafted in 1997, promotes the concept of higher density
housing in the Downtown.
The City Council has addressed concerns about parking demand in the Downtown
by requiring parking for residential uses and providing for the special exception to
allow off-site parking in municipal ramps in order to meet the parking requirements.
The proposed mixed-use building will include 24 one -bedroom apartments and 2
two-bedroom apartments, adding to the diversity of housing opportunities in
Downtown Iowa City for long-term renters or owners.
DISPOSITION: By a vote of 3-0 the board approved the amendment to EXC12-00003, a
special exception to allow all 14 required parking spaces to be provided in a municipal
parking facility to satisfy the minimum parking requirements for a mixed-use building to
be constructed in the Central Business (CB -10) zone at 114 S. Dubuque Street, subject
to the following conditions:
• The applicant must submit the required agreement for off-site parking prior to
securing a building permit. The agreement shall include the following conditions:
• The permits shall only be available to residents of 114 South Dubuque
Street at a cost not to exceed the market rate determined by the
Director of Transportation Services at the time of leasing.
• The property manager must provide the Director of Transportation the
name, license plate number, and address of all permit holders.
Permits will only be granted to residents with the primary address of
114 South Dubuque Street.
• The final building plan is generally consistent with the plan submitted as part of
this application with regard to the design for the retail and office floors, and the
residential unit and bedroom mix and must comply with the Central Business Site
Development Standards as set forth in the Zoning Code.
TIME LIMITATIONS:
All orders of the Board, which do not set a speck time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within s ch time period to establish the use or construct the improvement
authorized under the tertr of the Board's decision. City Code Section 14-8C-1 E, City of Iowa
City, Iowa. I
,�'L Approved by:
erin, hairperson
Gerald Denning, Spy 'al Counsel
o
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 11'" day of July, 2012, as the same
appears of record in my Office.
Dated at Iowa City, this day of 12012
Maria K. Karr, City Clerk
CORPORATE SEAL
JAr" W "�
loco
aS2ac$-�
y3NoZo
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 10, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Will Jennings, Brock Grenis, Larry Baker
MEMBERS ABSENT: Caroline Sheerin, T. Gene Chrischilles
STAFF PRESENT: Sarah Holecek, Sarah Walz,
OTHERS PRESENT: Michelle Wiegan, Terri Larson, Mary Bennett, Thomas Fast
SPECIAL EXCEPTION ITEMS:
Doc ID: 022718090006 Type: GEN
Kind: DECISION
Recorded: $32. 10/00
24/2012PaAe ato1 12:39:23 PM
Fee At :
Johnson County Iowa 1 6
Kim Painter County Recorder
SK 4997 PG304-309
1. EXC12-00010: a public hearing regarding an application submitted by Michelle Wiegand for a
special exception to allow conversion of a non -conforming use located in a structure designed for a
use that is prohibited in the zone; and a Historic Preservation Exception to modify the site
development standards (a reduction in required parking) for property located in the High Density
Multi -Family (RM -44) zone at 518 Bowery Street.
The Board concludes that the proposed use will be located in a structure that was designed for a
use that is currently not allowed in the zone based on the following findings:
• The subject building was originally constructed as a grocery store and continued to serve
commercial uses until the early 1980s. At some point after 1983 the structure was illegally
modified to serve as a single-family residential use, which is prohibited in the RM -44 zone.
• The first floor interior of the building is still arranged with the open floor plan—it is one large
room with a half bathroom at the back. The large, front windows are the only windows on the
first floor other than a small window on the west side of the building. The building is set at the
front property line, as is typical of older commercial buildings, and just inches off the east
property line (public alley).
• The structure was illegally modified (without a building permit) to create a bedroom and
bathroom on the second floor. The second floor does not meet minimum ceiling height
requirements for habitable space and does not have egress windows as required by code. Re-
adapting the second floor to serve as habitable space would require considerable expense and
may diminish the historic character of the structure.
• Given the size of the property and structure, it is not possible for the property to be re -adapted
for a multi -family use, though it could be adapted for a small single-family use.
The Board concludes that the proposed use is of the same or lesser intensity and impact than the
existing use based on the following findings:
• The property is not designed for a use that is currently allowed in the RM -44 zone.
• Due to the extremely limited size of the property and structure, the property is not adaptable as
a multi -family residential use.
• The building does not have a clear history of use after 1983. While the building is designed for a
commercial use, the most recent retail use was abandoned more than 25 years ago. At the same
N
O
^�
ccci—)
C=)
c.3
—1 c-)
r—
M
�-�
jD
i�
0
cn
1. EXC12-00010: a public hearing regarding an application submitted by Michelle Wiegand for a
special exception to allow conversion of a non -conforming use located in a structure designed for a
use that is prohibited in the zone; and a Historic Preservation Exception to modify the site
development standards (a reduction in required parking) for property located in the High Density
Multi -Family (RM -44) zone at 518 Bowery Street.
The Board concludes that the proposed use will be located in a structure that was designed for a
use that is currently not allowed in the zone based on the following findings:
• The subject building was originally constructed as a grocery store and continued to serve
commercial uses until the early 1980s. At some point after 1983 the structure was illegally
modified to serve as a single-family residential use, which is prohibited in the RM -44 zone.
• The first floor interior of the building is still arranged with the open floor plan—it is one large
room with a half bathroom at the back. The large, front windows are the only windows on the
first floor other than a small window on the west side of the building. The building is set at the
front property line, as is typical of older commercial buildings, and just inches off the east
property line (public alley).
• The structure was illegally modified (without a building permit) to create a bedroom and
bathroom on the second floor. The second floor does not meet minimum ceiling height
requirements for habitable space and does not have egress windows as required by code. Re-
adapting the second floor to serve as habitable space would require considerable expense and
may diminish the historic character of the structure.
• Given the size of the property and structure, it is not possible for the property to be re -adapted
for a multi -family use, though it could be adapted for a small single-family use.
The Board concludes that the proposed use is of the same or lesser intensity and impact than the
existing use based on the following findings:
• The property is not designed for a use that is currently allowed in the RM -44 zone.
• Due to the extremely limited size of the property and structure, the property is not adaptable as
a multi -family residential use.
• The building does not have a clear history of use after 1983. While the building is designed for a
commercial use, the most recent retail use was abandoned more than 25 years ago. At the same
time, the residential use that did exist was established illegally and made use of space that was
illegally modified and is not considered habitable under the current building code.
• Re -use of the property is severely limited by the size of the lot. The lot provides minimal
opportunity for parking—only two parking spaces. On -street parking along this portion of Bowery
Street is prohibited during daytime business hours. Moreover the high demand for on–street
parking in the surrounding neighborhood makes on -street parking practically unavailable. Given
these significant constraints any proposed use must, by necessity, be limited in intensity and
should not rely on significant vehicle access or parking.
• The only reasonable use of the property is a single-family residential dwelling (an efficiency unit),
a limited commercial use that relies on pedestrian traffic from the surrounding neighborhood, or
a use that does not require regular customer/client visits.
• The surrounding High Density Multi -Family Residential (RM -44) zone represents the highest
intensity residential use allowed outside the Downtown and PRM zone. The neighborhood is
dominated by high-density rental housing.
• The Board has put in place a number of conditions to control the intensity of the use on the site,
including a prohibition on alcohol and tobacco; restricting hours of operation; and limiting
lighting and signage to the standards for non-residential uses in residential zones.
• The conditions tied to approval apply to all future owners/users of the property and may not be
altered or removed without another special exception.
The Board concludes that the proposed use is suitable for the subject structure and site based on
the following findings:
• The structure was originally designed as a grocery store (retail sales use) and its interior floor
plan remains almost unchanged—the first floor is one large room with a half bath. The building
abuts the Bowery Street right-of-way and has large front windows giving it the appearance of a
retail use.
• The limited size of the property (less than 1,500 square feet) and the building (720 square feet)
place significant constraints upon the potential re -use of the building such that the market for
the property is quite limited.
• The site can provide 2 off-street parking spaces, which satisfies the minimum requirement for a
retail sales use.
The Board concludes that the structure will not be structurally enlarged in such a way as to
enlarge the non -conforming use based on the following finding:
• The building may not be enlarged without approval of the Historic Preservation Commission.
• Moreover the size of the building and its non -conforming setbacks and limited space for parking
practically eliminate any enlargement of the structure and impose considerable constraints
upon its use.
, IJ
Based on the following findings the Board concludes that the specific proposedeitc'eptisq will ndtj
be detrimental to or endanger the public health, safety, comfort or general welGid wiLhot ben--
injurious to the use and enjoyment of other property in the immediate vicinityr ilF-not t
substantially diminish or impair property values in the neighborhood; and that adequat$ 177
measures have been or will be taken to provide ingress or egress designed so as to tninfMize 1
traffic congestion on public streets:
• The conditions tied to approval apply to all future owners/users of the property and may not be
altered or removed without another special exception.
• The limited size of the lot and structure along with the restrictions placed on it due to its
Landmark status, effectively limit the intensity of any use on the property.
• The two off-street parking spaces can be provided with access from the public alley.
• A building permit will be required in order to establish the new use.
• Certain aspects of the building may need to be brought up to date to meet current building code
and should be addressed in order to ensure the safe use of the property.
• On -street parking is prohibited along Bowery Street until after 5:00 PM.
• Given the constraints on the property, a business would likely rely on customers coming on foot
or bike from within the surrounding neighborhood or will generate very limited customer visits.
• The conditions for approval restrict use of the public alley for drive -up service.
Based on the findings cited above, the Board concludes that establishment of the specific
proposed exception will not impede the normal and orderly development and improvement of
the surrounding property for uses permitted in the zone in which such property is located.
The Board concludes that the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the finding
provided above and the following finding:
• Due to the non -conforming status of the lot and building, which do not meet minimum size and
setback requirements, the building cannot be further expanded.
The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided based on the following finding:
• This neighborhood is fully developed with all roads and drainage—Bowery Street is adequate to
serve a small-scale retail use.
The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan encourages the re -use of existing buildings so long as their use does not
interfere with the function and character of the neighborhood in which they are located. The
Comprehensive Plan also encourages the preservation of historic buildings.
Disposition: By a vote of 3-0 the Board approves EXC12-00010, a special exception to allow a non-
conforming use that is located in a structure designed for a use that is not allowed in the zone to convert
to another non -conforming use for property located in the High Density Multi -Family (RM -44) zone at
518 Bowery Street, subject to the following conditions:
• The special exception is limited to a sales -oriented retail use only. Any change or conversion
from the granted sales use must be approved through another special exception.
• A building permit is required in order to establish the approved retail sales-oripr ted usep
• The property shall provide and maintain two off-street parking spaces at the re.W_' tlrer Tuilding
in accordance with the off-street parking requirements in the zoning code.
• Hours of operation for the use are limited to 6 AM to 10 PM weekdays and 6 ATP midnight ptn
Fridays and Saturdays.
• Outdoor seating and display of products within the public right-of-way are proh6ted mess a'
temporary use permit is granted by the City. o
• Signage shall be limited to a fascia or awning sign in compliance with the zoning code standard
for non-residential uses located in residential zones and in compliance with Iowa City's Historic
Preservation Guidelines.
• All outdoor lighting should comply with the lighting standards for residential zones and with the
Historic Preservation Guidelines.
• The sale of tobacco on the property is prohibited.
• The sale and use of alcohol on the property is prohibited.
• Food preparation and sales on the site are limited per the definition of retail sales in the code,
which allows a cottage industry component.
• The public alley shall not be used for drive -up or drive-through service or for parking for the use.
• No amplified sound is permitted outside the building.
• The building may not be expanded without a special exception.
• Any alterations to the exterior of the building must comply with the Historic Preservation
Guidelines.
2. EXC12-000011: A public hearing regarding an application submitted by Thomas Fast for a reduction
in the front setback requirement to allow an expanded front porch for property located in the
Medium -Density Single-family (RS -8) zone at 1118 Fairchild Street.
The Board concludes that the situation is peculiar to the property and that there is practical
difficulty complying with the setback requirement based on the following finding:
• The applicant wishes to construct a new porch, but the 15 -foot setback requirement
precludes him from building a porch more than 3 feet in depth.
The Board concludes that granting the special exception will not be contrary to the purpose of the
setback regulations; will not be detrimental to or endanger the public health, safety, comfort or
general welfare; and will not be injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values in the
neighborhood based on the following findings:
• The setback reduction requested is for the front setback only, it will not reduce the space for
light, air, and separation for fire protection and access between adjacent buildings.
• The proposed open air porch will help to preserve the sense of light, air, and separation
between the home and the street.
• Given the wide right-of-way and the varying setbacks of adjacent properties orG*s blgc4, the.
setback reduction requested will not create an unreasonable physical relations}SJp_het4n
buildings. cN)
• The porch will be set back nearly 14 feet from the sidewalk and nearly 35 feet ftt mthe paved..
[ li
street. ;, ` _�, w0
0
Based on the facts cited above, the Board concludes that the establishment of the ieduceg,
setback 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 any potential negative effects resulting from the setback exception are
mitigated to the extent practical based on the following findings:
• The setback reduction is subject to planning staff approval of final sketches to ensure that
certain elements of the porch—the posts and roofline—are compatible in general style and
proportion to the house.
The Board finds that all necessary utilities and facilities are already in place for this property and
the neighborhood.
The Board concludes that the setback reduction will have no impact on ingress or egress based on
the following findings:
• As the porch will be set back more than 14 feet from the sidewalk and over 30 feet from the
street, it will not impede views for motorists or pedestrians.
• The porch will not generate additional traffic.
The Board concludes that except for the specific regulations and standards applicable to the
exception being considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the following
findings:
• The existing house and proposed porch appear to meet all other zoning requirements.
• The applicant must apply for a building permit from the Housing and Inspection Services
Department to ensure compliance with all other City codes.
The Board concludes that the setback reduction is consistent with the Comprehensive Plan, which
encourages preservation and reinvestment in existing neighborhoods.
rJ
DISPOSITION: By a vote of 3-0 the Board approves EXC12-00011, an application for tteducticm in the - y
front principal building setback from 15 feet to 9 feet 9 inches in order to allow constrt dion;f an s ----
foot x 23 foot open-air front porch, be approved subject to the following conditions:
1. The porch shall be constructed and maintained as an open-air porch. a L 5
2. Planning staff shall have final approval of sketches in order to ensure that the findl �design4s
compatible in general style and proportion to the house.
0
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City Code Section 14 -8C -1E, City of Iowa City, Iowa.
Brock Grenis, Acting Chairperson
r40-rs'.�. �_L
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 October, 2012, as the same appears of record
in my Office.
Dated at Iowa City, this oC, 3 day of 2012
Maria'n. Karr, City Clerk
CORPORATE SEAL
N
O_
J
-�
N
Q
C7
{ n
Off:
Z
O
;r
p
iuDoc ID: iiiiiiiiiiiiiiiiiiiiiiiType: GEN
iiiiii
Kind: DECISION
Recorded: 10/26/2012 at 10:55:03 AM
JFeeoh Amt: E32.00 Paps 1 of 2
Prepared b Sarah Walz, Associate Planner, 410 E. Washington, Iowa Ci IA 52240; 3191356-5230 Johnson County Iowa
P Y 9 City, Kim Painter County Recorder
DECISION 4998 Pr240-241
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, SEPTEMBER 12, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Brock Grenis, T. Gene Chrischilles
ry
0
MEMBERS ABSENT: Larry Baker o N
o
STAFF PRESENT: Sarah Holecek, Sarah Walz�--
�� N
OTHERS PRESENT: Justin Mulford, Ginalie Swaim, Lucie Lauden, Judith Pas
rapth
SPECIAL EXCEPTION ITEMS: ?
> C:)
1. APL12-00002: a public hearing regarding an appeal filed by Justin Mulford to ovef im a
decision made by Iowa City's Historic Preservation Commission that denied a Certificate of
Appropriateness for the demolition of 111 & 115 South Governor Street in the College Hill
Conservation District.
Findings of Fact: The Board finds that 111 and 115 South Governor Street are both
contributing properties located in the College Hill Conservation District and are therefore
subject to Iowa City's Historic Preservation Guidelines. The Board finds that the Historic
Preservation Guidelines state that: "A Certificate of Appropriateness for the demolition of an
primary building on a contributing property within a conservation or historic district, or any
landmark, will be denied unless the applicant can demonstrate that the building is
structurally unsound and irretrievable;" and
"Before a Certificate of Appropriateness for demolition will be approved for a primary
building, the Iowa City Historic Preservation Commission must approve a Certificate of
Appropriateness for the building that will replace the one being demolished."
The Board finds that a report from a structural engineer indicated defects in the foundations
of both buildings, however the engineer provided no recommendation as to whether the
structures are "irretrievable." The; Board finds that a report by a professional building
inspector indicated that the defdcts present in the foundations are not uncommon in
buildings of this age and that the defects are reparable. The Historic Preservation
Commission cited the report of the professional building inspector in its discussion and in its
written denial, re -stating that while defects in the foundations are present, they are
considered reparable. The Bpard finds that the applicant provided no evidence to the
Historic Preservation Commission demonstrating that the buildings are "irretrievable" or that
the required repairs are economically unreasonable. Finally, the Board also notes that the
applicant failed to submit for approval the required plans fora replacement structure as
required by the guidelines.
CONCLUSIONS OF LAW: Based on the above findings, the Board concludes that the
Historic Preservation Commission was not arbitrary or capricious in its decision and was not
in error in denying the Certificate of Appropriateness to demolish the buildings. The Board
concludes that the Commission followed Historic Preservation Guidelines for determining
whether to approve the requested demolition. The Board concludes that the applicant failed
satisfy the three -pronged test described in the guidelines, the applicant provided no
evidence that the buildings were irretrievable, and the applicant failed to submit to the
Commission drawings of the proposed replacement building as required under the
guidelines.
Disposition: By a vote of 0-4 (Baker absent) the Board denied the request to overturn the
decision of the Historic Preservation Commission denying a Certificate of Appropriateness
for the demolition of 111 and 115 South Governor Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa
City, Iowa.
Qi
Approved by:
Caroline Sheerin Chairperson
ity Att 4rn�eys401
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 September, 2012, as the
same appears of record in my Office.
Dated at Iowa City, this 1;25 day ofL'C , 20L
CORpSEAL
`0� -jr. 2�2
Maria K. Karr, City Clerk
N
O
O�
N
n
!A
ch
M
?
O
O
Prepared by Sarah Walz, Associate Planner, 410 E.
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, November 14, 2012
EMMA J. HARVAT HALL
dee
I IIIIIII IIIIII III (IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 022776080003 Type: GEN
Kind: DECISION
Recorded: 12/14/2012 at 10:44:32 An
Fee Amt: $17.00 Pape 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK5024 PG202-204
Washington, Iowa City, IA 52240. 319/356-5230
MEMBERS PRESENT: Will Jennings, Caroline Sheerin, Gene Chrischilles, Larry Baker
MEMBERS ABSENT: Brock Grenis _
O N
STAFF PRESENT: Sarah Holecek, Sarah Walz o
OTHERS PRESENT: None Vic, w
_e
SPECIAL EXCEPTION ITEMS:
1. EXC12:00012: A public hearing regarding an application submitted by Dudley cn
Brothers Co. for a reduction in the front principal building setback requirement t'd'
allow the expansion of the front porch for property located in the Low Density Single-
family (RS -5) zone at 1613 Spruce Court.
The Board concludes that the situation is peculiar to the property and that there is a
practical difficulty in complying with the setback requirements based on the following
findings:
• While the property at 1613 Spruce Court is currently in compliance with the
required setback for this RS -5 zone, the applicant wishes to build a modest
front porch in order to improve the function and appearance of the house.
• Most of the houses in this area are simple ranch -style structures and lack
articulation or detail on front entryways and facades.
• Because the deep 20 -foot setbacks are uniform along this frontage, property
owners cannot add common features such as front porches that may improve
the aopearance and functionality of their homes and provide a more pleasant
street frontage.
Based on the additional findings listed below, the Board concludes that granting the
exception will not be contrary to the purpose of the setback regulations; will have no
negative effects on the neighborhood; will not be detrimental to or endanger the
public health, safety, comfort or general welfare; and that, except for the specific
regulations and standards applicable to the exception being considered, the specific
proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located:
• The applicant is requesting a 4 -foot setback reduction.
• The principal structure would remain more than 15 feet from the sidewalk and
would maintain the required 5 -foot side setbacks on both sides of the house
as required in the RS -5 zone.
rn
• The size of the deck (4 feet x 17 feet) is small relative to the width of the
house (51 feet) and the lot width (65 feet).
• The proposed porch would add articulation to the entryway and fagade, which
is considered desirable for residential architecture.
• Other properties on the south side of Spruce Court have uncovered front
porches extending closer to the street than the applicant proposes extending
the roof.
• The addition does not encroach on the sidewalk or block the view from the
driveway.
Based on the findings provided above, 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 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 is fully developed and already has adequate
utilities, roads, drainage, sidewalks and other necessary facilities. The Board finds that
while the Comprehensive Plan does not address this issue directly, it does encourage
reinvestment in Iowa City's established neighborhoods.
Disposition
By a vote of 4-0 (Grenis absent) the Board approves EXC12-00012, a special exception to
reduce the front principal building setback from 20 feet to 16 feet in order to allow the,,
applicant to construct an open-air front porch for property located at 1613 Spruce Coa,
subject to the following conditions:
1. The applicant must secure a building permit. �1
2. The structure must be constructed and maintained as an open-air porj&-, ca
TIME LIMITATIONS: rn
�D
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, Pity of Iowa City, Iowa.
�- Approved by: 1
Sheerin, Chairperson
City Att me ice
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 14th day of
November, 2012, as the same appears of record in my Office.
Dated at Iowa City, this _/, I � day of , 2012
-WlJ -e -X�
'-Marian K. Karr, City Clerk-
CORPORATE
lerk
CORPORATE SEAL
N
O
�' _
1-• i � I
cn
%0
o�al�h
��esti
��