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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 ��