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HomeMy WebLinkAbout1997 Board of Adjustment Decisions© M20 P;:E.281Q FEE ov 1997 JAN —6 AA 8: 44 pjp kEC7i+7 JOHN6',,N 'JI J'-J*t' Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52242; 319/356-5251 DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 11, 1996 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, Tim Lehman MEMBERS ABSENT: William Haigh STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, Ron Boose, Brandy Dulceak OTHERS PRESENT: Dawn Barker, Jeffrey Schabilion, Gladys DeGood, Patty Miller, Pam Ehrhardt, Ruedi Kuenzli, Thomas Cowen, Cecile Kuenzli, Stefani Karakas, Sandy Pickup, Joseph Patrick, Anne Silander, Jann Ream, Greg Ludrigson, Rick Berndt VARIANCE AND SPECIAL EXCEPTION ITEMS: 1. VAR96-0004/EXC96-0016. Public hearing on a request submitted by Jeff Schabilion for 1) a variance to permit modifications to the separation distance and maintenance easement requirements for a zero lot line dwelling, and 2) a special exception to modify side yard requirements for property located at 431 Rundell Street. Findings of Fact. With regard to the variance request, the Board finds that with regard to the nuhlir, interest test: 1) The impact on the neighborhood is a positive one evidenced by the added value to the property, the artistic construction that blends with the character of the existing, stone residence, a historic Moffitt cottage, and the solid support of neighboring property owners and residents in the Longfellow Neighborhood. 2) The impact of encumbrance on the neighboring property to the north will be ameliorated by payments to compensate for the diminution of the value of the property that has resulted due to the zero lot line dwelling construction; such compensation will occur through payment by Mr. Schabilion for separation distance and maintenance easements. The amount of the payment will be based on an independent appraisal of the value of said easements in terms of the economic effect the zero lot line construction has had and may have in the future on the adjacent property to the north. e, - 2207 PAGE 266 2 3) The Board finds that the applicant has demonstrated that the intent of the Zoning Chapter requirement for a separation distance between unattached residences can be met in that the Fire Code regulations can be satisfied, there is sufficient space between the structures to allow for maintenance, the stone addition is a low maintenance structure, and the existing, separation distance between the two residences is not that different from the distances between a number of other residences in the surrounding Longfellow Neighborhood and in the Moffitt Cottage Historic District. The Board also finds concerning the tests of hardship: 1) Making Mr. Schabiiior i ernove the two-story addition would serve no public purpose, but would impose a heavy, financial burden on him. 2) The width of the lot, the bermed construction of the existing residence, the frequent flooding of Ralston Creek onto this property, and the use of salvaged materials in the English Cotswald style that blend with and contribute to the existing Moffitt residence -- are unique characteristics of the property, which strongly influenced Mr. Schabilion to construct the stone addition as he did. 3) If the addition were built one inch off the property line, the structure would not be considered a zero lot line dwelling and would require a special exception rather than a variance. The addition does not add interior dwelling space to the existing residence. The problem of not complying with the Zoning Chapter appears to be more definitional than real, and due to the inherent characteristics of the lot, this is not a problem of the applicant's own making. With regard to the special exception request, the Board finds that it is reasonable as recommended and is not intrusive on neighboring property. The total amount of side yard encroachment is less than 4%. The perpendicular orientation of the south faux wall to the side lot line and the window and door openings in the wall decrease the perception of mass. The encroachment of the residence into the south side yard is negligible; it has been in place for an extended period of time and is set further back from the side lot line than the standard five foot setback for homes in the RS -8 zone. The safety concerns regarding the stability of the south faux wall are addressed through a condition attached to the approval of the special exception. Conclusions of Law. The Board concludes that with the condition of approval regarding the purchase of easements, the applicant meets the specific requirements for a variance to modify the separation distance requirement between unattached residences in the RS -8 zone, as set forth in City Code subsections 14 -6D -3C4 and 14 -6L -1G, and satisfies the public interest and hardship tests for granting a variance, as set forth in City Code subsection 14- 4B -4C. The Board also concludes that subject to the condition for approval that addresses the stability of the faux wall, the applicant meets the specific requirements for a special exception to modify a yard requirement, as set forth in City Code subsection 14 -6Q -4B, exceptions to established setbacks, and v,'- 9-20-2,191 267 3 satisfies the general standards for granting a special exception, as set forth in City Code subsection 14-46-4B. Disposition: By a vote of 3-1, with Lehman voting no, the Board approved VAR96-0004, a variance to modify the ten -foot minimum separation distance by reducing it from ten feet to five feet for the easterly nine -foot length of the north zero lot line wall for property located in the RS -8 zone at 431 Rundell Street, subject to separation distance and maintenance easements, as approved by the City Attorney's Office, being executed and recorded for the zero lot line dwelling. By a vote of 4-0, the Board approved EXC96-0016, a special exception to reduce the south side yard requirement from ten feet to five feet for the width of the faux wall/fence, and to reduce the south side yard requirement a maximum of one foot from ten feet to nine feet for the 16.5 -foot length of the projecting south wall of the residence for property located in the RS -8 zone at 431 Rundell Street, subject to the applicant's compliance with Building Code requirements to assure the structural stability of the faux wall/fence. 2. EXC96-0027. Public hearing on an amendment to a November 13, 1996, Board decision approving a special exception to permit a small -animal clinic in the CO -1 zone for property located at 2122 ACT Circle. Findings of Fact. The Board finds that according to City Code subsection 14- 6N-1 A4a, a use may be converted without full compliance with the off-street parking regulations. The conversion of the lower level offices to a veterinary clinic results in a reduction, not an increase in the parking requirement. Conclusions of Law. The Board concludes that the special exception for parking on a separate lot is not required in this case, as provided in City Code subsection 14-6N-1A4a, and the condition requiring approval of a special exception for parking on a separate lot that was placed on the November 13, 1996, Board decision approving the small -animal clinic, should be removed. Disposition: By a vote of 4-0, the Board approved an amendment to its November 13, 1996, Board of Adjustment decision approving EXC96-0027, a special exception to permit a small -animal clinic in the CO -1 zone for property located at 2122 ACT Circle by removing the condition: "provided the Board of Adjustment subsequently grants approval of a special exception to permit parking on a separate lot for the uses located on the subject property." 3. EXC96-0028. Public hearing on an application submitted by Shive-Hattery, Inc., on behalf of property owner Oral B Laboratories, for a special exception to permit a reduction in required off-street parking for property located in the 1-1 and CC -2 zones at 1832 Lower Muscatine Road. Findings of Fact. The Board finds that the proposed parking reduction will e;,. 2207 ?AGE 288 9 reduce the amount of paving and retain more green space on site while still providing adequate parking for the proposed use. The retention of bike racks on the site will provide parking for an alternative means of transportation. With the special exception approval tied specifically to the Oral B Laboratories operation, the Board finds that if there is a need for more parking in the future under a different manufacturing firm, the parking issue can be addressed again at that time. The Board notes the applicant's cooperation with the City to provide protection for mature oak trees during construction and to provide a buffer of evergreens to screen the loading dock area. Conclusions of Law. The Board concludes that with the conditions of approval, the applicant meets the specific requirements for granting a reduction in required off-street parking, as set forth in City Code subsection 14-6N-1 H, and satisfies the general requirements for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: By a vote of 4-0, the Board approved EXC96-0028, a special exception to reduce the required off-street parking by 14% from 488 to 420 parking spaces for the existing manufacturing plant and associated offices and the proposed 56,250 square foot building addition for property located in the 1-1 and CC -2 zones at 1832 Lower Muscatine Road, subject to the exception being granted specifically for the Oral B Laboratories operation on the site; not to any successor manufacturing firm, and that the number of bicycle parking spaces currently provided on the property be retained. 4. EXC96-0029. Public hearing on an application submitted by Citizen Building Limited Partnership for a special exception to permit off-street parking for elderly housing for property located in the CB -10 zone at 319 E. Washington Street. Findings of Fact. The Board finds that it is reasonable and desirable to provide parking on-site that can be conveniently accessed by the residential tenants of the elderly housing units in the Citizen Building. The Board finds that safe access from the building to the parking area should be improved by constructing safer, wider steps as well as a connecting sidewalk that does not require entering the alley to get to the parked cars. The Board also finds that the parking spaces should be made available for use by the residential tenants and their guests through signage and apartment management policy and practice. In conformance with the intent section of the Central Business District (CB -10) zone, parking for persons other than the residential tenants of the Citizen Building and their guests should be obtained at a municipal ramp. Conclusions of Law. The Board concludes that with the conditions of approval, the applicant meets the specific standards for allowing off-street parking in the CB -10 zone, as set forth in City Code subsection 14-6N-1 E, and satisfies the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. va'. 9207 PAGE 269 Disposition: By a vote of 4-0, the Board approved EXC96-0029, a special exception to permit no more than eight (8) parking spaces at the rear of property located in the CB -10 zone at 319 E. Washington Street be approved, subject to the applicant 1) improving pedestrian access by constructing wider, safer access steps to the parking area and a ramped walkway that allows access to the parking area without having to enter the alley, and 2) designating and ensuring the use of the eight parking spaces through both signage and apartment management policy/practice, as follows: two parking spaces marked as handicapped accessible, four parking spaces reserved for the use of the elders and persons with disabilities who reside in the Citizen Building and their guests, and two spaces maintained as short-term, 15 minute parking spaces. TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on applicant action, shall expire without further Board action six months from the date the orders were filed with the City Clerk, unless the applicant shall have taken action within such time period to establish a use or construct the improvement authorized under the terms of the Board's order of decision. City Code Section 14-413-4E, City of Iowa City, Iowa. Patricia Eckhardt, Chair STATE OF IOWA JOHNSON COUNTY 4ARpLQy_Qd 4by City — t - o I rney' #f'c 'e I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11 th day of December, 1996, as the same appears of record in my Office. Dated at Iowa City, this 2/ day of1996. boa 12-11.d.c Maria K. Karr, City Clerk 6` t -- 920 % ?AGE 290 1* FEE Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 12, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS y� rn O� F 7� CA 13 52240 19) 39'85251 ;115507 1997 FEB 27 Pili 8: 29 MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt William Haigh MEMBERS ABSENT: None STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, Anne Schulte OTHERS PRESENT: Paul Anderson, Chris Arch, Paul Bethke, George Murphy, Mark McCollum SPECIAL EXCEPTION ITEMS: EXC96-0021. Public hearing on a request submitted by Victor and Donna Zander for an extension of a September 11, 1996, Board of Adjustment decision to permit a beauty parlor on property located in the CO -1 zone at 2 Rocky Shore Drive. Findings of Fact: The Board finds that local circumstances and code requirements have not changed in any appreciable way to alter the Board's findings of fact and conclusions of law in granting approval of the six -chair beauty parlor on September 11, 1996. The discovery that the site was contaminated and the subsequent required cleanup of the property occurred through no fault of the applicant. The Board finds thatthe soil contamination created unavoidable delays in proceeding with the establish- ment of a beauty parlor on the site. Conclusions of Law: The Board concludes in accordance with City Code subsection 14-4131-5E, that the applicant has shown good cause for the extension, and it is prudent and reasonable for the Board to grant the requested six month extension. Disposition: On a vote of 5-0, the Board approved the extension of the expiration date to September 30, 1997 for EXC96-0021, a special exception approved by the Board of Adjustment on September 11, 1996, to permit a six -chair beauty parlor to be located in the CO -1 zone at 2 Rocky Shore Drive. 2. EXC97-0001. Public hearing on an application submitted by Frantz Construction Co. for a special exception to permit a religious institution to be established on a 5.2 acre property located in the RS -5 zone south of Lakeside Drive/Gable Drive. Findings of Fact: The Board finds that allowing a religious institution at the proposed location will help provide a positive use within a residential neighborhood. However, the applicant's request to provide more than double the required parking would in the :.:?229 AGE 276 Board of Adjustment Decisions J February 7, 1997 O -n Pag C- m 2 w Board's view create unnecessary paving and reduce green space on the e.; BRau e there are no specific building or site plans available for the Board to reviekN the -'Boa finds that the conditions of approval are needed to assure that the scal S9 inipac� of the religious institution will be suitable for the low density residentiaggfftinwhat the integrity of the neighborhood will be protected. D 1-0 Conclusions of Law: The Board concludes that subject to the conditions of approval, the applicant satisfies the specific requirements for permitting a religious institution in the RS -5 zone, as set forth in City Code subsections 14 -6D -2D2 and 14-6L-10. The Board also concludes that subject to the conditions of approval, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-4B. Disposition: On a vote of 5-0, the Board approved EXC97-0001, a special exception to permit a religious institution for a 5.2 acre property located in the RS -5 zone south of Lakeside Drive/Gable Street, subject to 1) the vacation of Gable Street south of Lakeside Drive and City conveyance of the vacated property to the applicant or a subsequent owner of the subject property, 2) prior to the issuance of a building permit for the religious institution, the review and approval of a site plan by the Director of the Department of Planning and Community Development to assure general confor- mance with the site layout, building orientation and size, and screening/landscaping, as shown on the site plan date-stamped February 3, 1997, [Exhibit A] 3) city staff review and approval of the building elevations and the design and location of parking area lighting, 4) a maximum of 64 parking spaces being permitted on the site for the requested religious institution use, and 5) setting the expiration date for the Board decision for this item to February 12, 2002; five years from the date of approval. 3. EXC97-0002. Public hearing on an application submitted by Mark McCallum for a special exception to permit a bed and breakfast inn to be established for property located in the RS -5 zone at 430 Brown Street. Findings of Fact: The Board finds that the Brown Street Inn will contribute in economi- cally, socially and aesthetically positive ways to the historic neighborhood in which it is located. The required parking will be provided in a way that retains green space and mature trees, and will not be readily visible from Brown Street. The applicant has provided evidence of extensive neighborhood support of the inn. Conclusions of Law: The Board concludes that the applicant satisfies the specific requirements for establishing a bed and breakfast inn, as set forth in City Code subsec- tion 14-6M-1 B2, and meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: On a vote of 5-0, the Board approved EXC97-0002, a special exception to permit a bed and breakfast inn to be established in the RS -5 zone at 430 Brown Street, subject to urban planning staff approval of a parking plan which provides a minimum of five off-street parking spaces in compliance with the city's parking regula- tions, and is in general dimensional conformance with the parking area plan shown on Attachment 4 and date-stamped February 6, 1997 [Exhibit Bl. :2:-).29 ',c[ 277 Board of Adjustment Decisions February 7, 1997 Page 3 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 improve- ment authorized under the terms of the Board's order of decision. City Code Section 14 -4B - SE, City of Iowa City, I wa. nr !" _ `_� A roved b Patricia Eckhardt, Chairperson City omay ffice 2-zY-9� STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of February, 1997, as the same appears of record in my Office. Dated at Iowa City, this i� day of u , 1997. ppdadmin\mina\2-97bmdec Martbq K. Karr, City Clerk CORPORATE SEAQ. :'229 pct 278 :222-9 lO _ O m cv 5] 2 ra f7 �x4,— C V tion ,. V, 5 rRDE ALiERNAnVE sTOItYWARNi YAAppLNT EASi]ENT I 307 I 227,020 sq, ft 5.21 acne rmmmmm v � `Wit \HIM% I rc r 7 l I I I I I ORAMIC SCALE �r.w • � h a H Od H H H i �/ NOTES •MO� �A 1. PAWING REWROOO/TS. 11`7 11 1j �p/jaREaW1 SPACES 30, COAPT SPACES. 6S : Ti'TT,OTTAL MAY ��� lt UPON PRIOR ACCESS TtTRGAIL EASEMENT VAL OF THE OF KM CITY. X5iAOE LE�`� •• ••� Osl• •.-r C S1oRY SEWER AND STORY SEWER EASEMENT 71 LIAY°BE RELOCATED UPON PRIOR APPROVAL GP THE CITY OF IOWA CITY. 7 l I I I I I ORAMIC SCALE �r.w • � h a H Od H H H i EXHIBIT B ATTR RMT 4 Srprl,r:ca � L' -Gr C" SPAc.E/e,,K- T — SRau n! d1, "i - —VAN bur c r/ S+t e 2-i _ Sym — K AuShruAw--. Rcolde� - o � 3 Dy cp A, rn —m -p a M L 15 c„ AS 'Jrf E 1 _ — ' Fai -SRowa Shest w � O — SRau n! d1, "i - —VAN bur c r/ S+t e 2-i _ Sym — K AuShruAw--. Rcolde� - o � 3 Dy cp A, rn —m -p a M n — SRau n! d1, "i - —VAN bur c r/ S+t e 2-i _ Sym — K AuShruAw--. Rcolde� - :. 2229 'acf 260 o � Dy cp rn —m -p a M n c„ :. 2229 'acf 260 fEt _ fp 1kr `D J O S C1 Zr �i Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/F�&525LO Y CJt DECISIONS _J IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 12, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS it) 1i2US MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt, . William Haigh' ct5 aw MEMBERS ABSENT: None �4 ^' STAFF PRESENT: Sarah E. Holecek, Scott Kugler, Melody Rockwell, Traci. Howard OTHERS PRESENT: Kevin Kidwell, John Cruise, Greg Apel SPECIAL EXCEPTION ITEMS: 1 . EXC96-0023. Public hearing on a request submitted by Kevin Kidwell and John Cress for a 60 day extension of a September 1 1 , 1996, Board of Adjustment decision to permit a filling station and one -bay car wash and for an amendment to the decision to allow the car wash to be relocated on the site for property located in the Neighborhood Commercial (CN -1) zone at 370 Scott Court. Findings of Fact: The Board finds that there has been no change in the surrounding neighborhood or in code requirements such that it would alter the Board's previous findings in granting approval for the four gas pump islands and one -bay car wash. The relocation of the one -bay car wash will visibly improve the site and make it more compatible with its residential neighbors. By consolidating the buildings on the site and eliminating the east portion of the east drive, the site will have more green space and less paving. Placing the car wash building adjacent to the east wall of the convenience store and incorporating windows into the east wall of the car wash will create a more interesting and residentially compatible east facade facing Scott Boulevard. Conclusions of Law: The Board concludes in accordance with City Code subsection 14 -4B -5E, that the applicants have shown good cause for the extension, and it is prudent and reasonable for the Board to grant the 60 -day extension. The Board also concludes that the relocation of the car wash results in an improved site plan; that the specific standards for establishing a filling station/car wash in the CN -1 zone, as set forth in City Code subsection 14 -6E -2D3, continue to be satisfied. The Board further concludes that with the conditions of approval, the applicants continue to meet the general standards for granting a special exception, as set forth in City Code subsection 14-4B-46. 2243 ?AGE 85 i � J IOWA CITY BOARD OF ADJUSTMENT o = WEDNESDAY, MARCH 12, 1997 )> -n PAGE 2 r Disposition: On a vote of 5-0, the Board approved a 60-day extensiofKt-0 M 3p 1997, of EXC96-0023. a September 11, 1996, decision of the Board q5L-9��ju eqV approving, with conditions, a special exception to permit four gas pu Wands and a one-bay car wash, and approved an amendment to the prior decision tdallow fae car wash to be located adjacent to the east wall of the convenience store, subject to the applicants additionally 1) installing windows on the east wall of the car wash, 2) lengthening and fully landscaping the planting area located on the west side of the carwash entry drive to demarcate a separation between the car wash drive and other convenience store traffic, 3) minimizing paved areas and maximizing planted areas equal to or above what is shown on the site plan date-stamped March 6, 1997, and 4) if a sidewalk is installed along the north boundary of the property, providing a minimum, five-foot wide planting area between the sidewalk and the paved car wash stacking spaces. The conditions of the prior decision, as well as the above conditions, must be satisfied by the applicants. 2. EXC97-0003. Public hearing on an application submitted by Boyrum Partners for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. Findings of Fact. The Board finds that the proposed muffler and brake shop will provide a good commercial use for an irregularly shaped, commercially zoned property that has been vacant for a number of years. The building design will add to the upgrading of commercial property in the area. The conditions of approval are needed to ensure screening of an intensive commercial use from a major entryway and to alleviate concerns about traffic congestion and cut -through traffic. Conclusions of Law. The Board concludes that with the applicant's willingness to accept the conditions of approval, the establishment of the proposed auto and truck oriented use in the Community Commercial (CC -2) zone, as permitted under City Code subsection 14 -6E -5D1, satisfies the intent of the Zoning Chapter and meets the specific requirements for such a use. The Board also concludes that the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC97-0003, a special exception to permit an auto and truck oriented use, that is, an eight -bay muffler and brake shop, in the CC -2 zone at 1410 Waterfront Drive, subject to 1) the outer walls of the structure being constructed predominantly of brick, 2) evergreen shrubs, spaced no more than four feet apart on -center, being planted to screen the parking area at the north end of the site, 3) no vehicular access being provided between the north and south portions of Waterfront Drive, and 4) a six inch (6") curb being incorporated into the paved area at the southern end of the site to prevent vehicular access from this site to any properties to the south. 3. EXC97-0004. Public hearing on an application submitted by Gerry Ambrose and Greg Apel for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC -2) zone in Wardway Plaza at the southwest corner of Highway 1 and Riverside Drive. � � 2243 PAGE 86 K J IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 12, 1997 PAGE 3 Findings of Fact. The Board finds that the proposed used car business is appropriate for the site. The business will make use of existing, vacant commercial facilities, no paving will be added and the traffic associated with the proposed business should be minimal. Negative impacts on surrounding properties are not anticipated. The business may help to contribute to revitalization of this commercial area. Conclusions of Law. The Board concludes that the proposed auto and truck use; namely, a used car sales lot as permitted under City Code subsection 14 -6E -5D1, is appropriate for the Wardway Plaza site. The Board further concludes that the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-413. Disposition: On a vote of 5-0, the Board approved EXC97-0004, a special exception to allow an auto and truck oriented use, more specifically a used car sales lot with 500 square feet of office space, to be established on property located in the CC -2 zone in Wardway Plaza at the southwest corner of Highway 1 and Riverside Drive. TIME LIMITATIONS: All orders of the Board, which do not set a 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 order of decision. City Code Section 14-46-5E, City of Iowa City, Iowa. Patricia Eckhardt, Chairperson STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of March, 1997, as the same appears of record in my Office. Dated at Iowa Cit f ' 1997. City, Iowa, thi ��'`�GORnRATE�- ppdadmin\boa3-12.dec cs:E wd +Z 7�1. 7911,/ NNt�arian K. Karr, City Clerk rau v, . 2243 w 87 Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5251 j��bC179 DECISION IOWA CITY BOARD OF ADJUSTMENT 1997 APR 23 GN 8: 37 WEDNESDAY, APRIL 9, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS JGl{i C: •;,::...I i [;_CORDER MEMBERS PRESENT: Lowell Brandt, Patricia Eckhardt, William Haigh 1011'A CI t Y.10'd"A MEMBERS ABSENT: Susan Bender, Kate Corcoran STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, Anne Schulte OTHERS PRESENT: Paul Burgess, Karen Alnutt, Donna Vitosh, Marilyn Lenz SPECIAL EXCEPTION ITEM: 1. EXC97-0006. Public discussion of an application submitted by Vicki and Paul Burgess for two special exceptions to permit a single-family residence to be established on a nonconforming lot of record and to modify the front yard requirement along 1 Street for property located in the RS -5 zone at 1131 Fifth Avenue. Findings of Fact: With regard to allowing a single-family residence to be constructed on a nonconforming lot of record, the Board finds that the property in question is a lot of record that conformed to the lot area requirements of the R1 B zone, in which it was located when the lot was created in 1963. The area is currently zoned RS -5 for low density, single-family residential development. The proposed residence should prove in keeping with the intent of the RS -5 zone, compatible with the surrounding residential neighborhood, and an asset to the community. The Zoning Chapter encourages the full use and enjoyment of property in a manner that does not intrude upon adjacent development. The Board finds that allowing construction of a new residence on the vacant lot will result in a better use of the land, appropriate infill development and an increased, assessed value while having a minimal impact on City services and facilities. Concerning the request for a front yard modification, the Board finds that the impact of the 24% reduction of the front yard requirement along the I Street right-of-way is offset by the unique characteristics of this section of I Street, a platted, but unimproved street that is barricaded along Fifth Avenue, has no paving, serves as a drainage swale and angles into the railway. The section of I Street along the south boundary of the 1 131 Fifth Avenue property is not currently used for vehicular traffic and is unlikely to ever be developed as a public street in the future. The right-of-way, in all practicality, does not exist. As the property south of the intervening right-of-way and raised railway is zoned 1-1, industrial, there are no residences south of this lot to be impacted by the requested yard modification. The Board finds that placing the residence closer to the south lot line will allow two mature, maple trees on the 2256 eAGE 325 uD O J g TI n ! - P0 - �' r f l I �m s M D rn r Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5251 j��bC179 DECISION IOWA CITY BOARD OF ADJUSTMENT 1997 APR 23 GN 8: 37 WEDNESDAY, APRIL 9, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS JGl{i C: •;,::...I i [;_CORDER MEMBERS PRESENT: Lowell Brandt, Patricia Eckhardt, William Haigh 1011'A CI t Y.10'd"A MEMBERS ABSENT: Susan Bender, Kate Corcoran STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, Anne Schulte OTHERS PRESENT: Paul Burgess, Karen Alnutt, Donna Vitosh, Marilyn Lenz SPECIAL EXCEPTION ITEM: 1. EXC97-0006. Public discussion of an application submitted by Vicki and Paul Burgess for two special exceptions to permit a single-family residence to be established on a nonconforming lot of record and to modify the front yard requirement along 1 Street for property located in the RS -5 zone at 1131 Fifth Avenue. Findings of Fact: With regard to allowing a single-family residence to be constructed on a nonconforming lot of record, the Board finds that the property in question is a lot of record that conformed to the lot area requirements of the R1 B zone, in which it was located when the lot was created in 1963. The area is currently zoned RS -5 for low density, single-family residential development. The proposed residence should prove in keeping with the intent of the RS -5 zone, compatible with the surrounding residential neighborhood, and an asset to the community. The Zoning Chapter encourages the full use and enjoyment of property in a manner that does not intrude upon adjacent development. The Board finds that allowing construction of a new residence on the vacant lot will result in a better use of the land, appropriate infill development and an increased, assessed value while having a minimal impact on City services and facilities. Concerning the request for a front yard modification, the Board finds that the impact of the 24% reduction of the front yard requirement along the I Street right-of-way is offset by the unique characteristics of this section of I Street, a platted, but unimproved street that is barricaded along Fifth Avenue, has no paving, serves as a drainage swale and angles into the railway. The section of I Street along the south boundary of the 1 131 Fifth Avenue property is not currently used for vehicular traffic and is unlikely to ever be developed as a public street in the future. The right-of-way, in all practicality, does not exist. As the property south of the intervening right-of-way and raised railway is zoned 1-1, industrial, there are no residences south of this lot to be impacted by the requested yard modification. The Board finds that placing the residence closer to the south lot line will allow two mature, maple trees on the 2256 eAGE 325 IOWA CITY BOARD OF ADJUSTMENT � APRIL 9, 1997 o y, Page 2 D� a C7 N -i C' northeast of the to be retained. -<r- a portion property O;:0 N ti/ Conclusions of Law: The Board concludes that the applicants meets a criaria for establishing a single-family residential use on a nonconforming lot of recordr,-as set forth in City Code subsection 14 -6T -5D, and the specific requirements for modifying an established setback requirement, as provided in City Code subsection 14 -6Q -4B. The Board further concludes that the applicants meet the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 3-0, the Board approved EXC97-0006, a special exception to permit a single-family residential use on the lot of record that is the south half of Lot 9, Block 44, East Iowa City Subdivision, and a special exception to reduce the front yard requirement along the I Street right-of-way from 20 feet to five feet for the-26---� foot width of the proposed residence for property located in the RS -5 zone at 1131 Fifth Avenue. 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 improve- ment authorized under the terms of the Board's order of decision. City Code Section 14-4B- 5E,,�City ppof••Iowa /C(City, Iowa. /rply �_ IAC 1 Patricia Eckhardt, Chairperson STATE OF IOWA 1 1 JOHNSON COUNTY) A roved by: City ttor y's Office Y-16 -p.? I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of April, 1997, as the same appears of record in my Office. Dated at Iowa City, this ppdadmin\mins\boa4-9. dec 21st day of Apri 1 , 1997. &�� Ww✓ Mar ai n K. Karr, City Clerk CORPORATE SEAL 2256 FACE 326 Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISIONS BOARD OF ADJUSTMENT 1020S97 WEDNESDAY, MAY 14, 1997 - 4:30 P.M. FILED NO. CIVIC CENTER COUNCIL CHAMBERSROOS.��{r'."rF_ o`er' `I i.�._.__ MEMBERS PRESENT: Lowell Brandt, Kate Corcoran, Bill Haigh 97 n}IY 27 AN 8:32 MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT: Susan Bender. Pat Eckhardt Ron Boose, Dennis Mitchell, Melody Rockwell, Traci Howard Jon Campbell, Bob Downer, Jim Hammes, Dick Pattschull SPECIAL EXCEPTION ITEMS: 1. EXC97-0008. Public hearing on an application submitted by Eby Development & Management Company fora special exception to modify the required off-street parking for property located in the Low Density Single -Family Residential (RS -5) zone. Findings of Fact: The Board finds that the applicant's request for a 27 percent reduction in parking is reasonable given the use of the 37 -unit residence as an assisted living facility, which will have older, frail residents, who are mostly in their eighties and do not drive. The applicant has provided evidence of past experience, which demonstrates that the parking demand for residents and staff in similar facilities managed by Eby Development is quite low. The landbanked parking spaces, which are required as a condition of approval for this exception, can be installed and used if there is an increased parking need in the future for this property. Having less paving for a facility that does not have a high parking demand is desirable in a developing residential neighborhood. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for modifying off-street parking requirements, as set forth in City Code subsection 14-6N-1 H. The Board further concludes that the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-46. Disposition: On a vote of 3-0, the Board approved EXC97-0008, a special exception to reduce the off-street parking requirement from 37 parking spaces to 27 parking spaces for a 37 unit apartment complex on a 2.38 acre property located in the RS -5 zone at the northeast corner of the Scott Boulevard/Lower West Branch Road intersection, subject to 11 City Council approval of an amendment to the Comprehensive Plan to designate the area for medium density housing, 2) Council approval of the OPDH-1 2 rezoning of the property, 3) the stipulation that the parking reduction is tied specifically to the use of the property for an assisted living facility for .:2271 PAGE 18 J O 3 �• SEE . N yy -� bD o cn a N�' �-� cn Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISIONS BOARD OF ADJUSTMENT 1020S97 WEDNESDAY, MAY 14, 1997 - 4:30 P.M. FILED NO. CIVIC CENTER COUNCIL CHAMBERSROOS.��{r'."rF_ o`er' `I i.�._.__ MEMBERS PRESENT: Lowell Brandt, Kate Corcoran, Bill Haigh 97 n}IY 27 AN 8:32 MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT: Susan Bender. Pat Eckhardt Ron Boose, Dennis Mitchell, Melody Rockwell, Traci Howard Jon Campbell, Bob Downer, Jim Hammes, Dick Pattschull SPECIAL EXCEPTION ITEMS: 1. EXC97-0008. Public hearing on an application submitted by Eby Development & Management Company fora special exception to modify the required off-street parking for property located in the Low Density Single -Family Residential (RS -5) zone. Findings of Fact: The Board finds that the applicant's request for a 27 percent reduction in parking is reasonable given the use of the 37 -unit residence as an assisted living facility, which will have older, frail residents, who are mostly in their eighties and do not drive. The applicant has provided evidence of past experience, which demonstrates that the parking demand for residents and staff in similar facilities managed by Eby Development is quite low. The landbanked parking spaces, which are required as a condition of approval for this exception, can be installed and used if there is an increased parking need in the future for this property. Having less paving for a facility that does not have a high parking demand is desirable in a developing residential neighborhood. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for modifying off-street parking requirements, as set forth in City Code subsection 14-6N-1 H. The Board further concludes that the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-46. Disposition: On a vote of 3-0, the Board approved EXC97-0008, a special exception to reduce the off-street parking requirement from 37 parking spaces to 27 parking spaces for a 37 unit apartment complex on a 2.38 acre property located in the RS -5 zone at the northeast corner of the Scott Boulevard/Lower West Branch Road intersection, subject to 11 City Council approval of an amendment to the Comprehensive Plan to designate the area for medium density housing, 2) Council approval of the OPDH-1 2 rezoning of the property, 3) the stipulation that the parking reduction is tied specifically to the use of the property for an assisted living facility for .:2271 PAGE 18 2 elders and/or persons with disabilities, and 4) the applicant delineating on the site plan the area that will be landbanked for ten additional parking spaces that the City may require to be provided if the City determines additional parking is needed in the future. 2. EXC97-0010. Public hearing on an application submitted by Richard W. Pattschull for a special exception to modify the front yard requirement along Iowa Avenue for property located in the Neighborhood Conservation Residential (RNC -20) zone at 621, 623, 625 and 627 Iowa Avenue. Findings of Fact: The Board finds that the enclosed lift provides a safer, more usable means of access for persons with disabilities than an unenclosed lift, which is a permitted structure in the required front yard. The requested front yard reduction is minimal in that it represents only a 1.8 percent encroachment, and is not detrimental to adjacent properties or the neighborhood. The Board finds that the conditions placed on the special exception approval provide a reasonable means of ensuring more direct access from the parking area to the lift, more effective screening of the parking area and increased aesthetic compatibility of the exterior stairwells and corridors. Conclusions of Law: The Board concludes that the applicant meets the reducing the front yard requirement, as specified in City Code subsection nnrl with the rnnditions of aooroval will meet the general standards for special exception, as set forth in City Code subsection 14-413-41B. criteria for 14 -6Q -4B, granting a Disposition: On a vote of 3-0, the Board approved EXC97-0010, a special exception to reduce the required front yard setback requirement along Iowa Avenue by six feet for the nine -foot length of the enclosed lift/utility structure for property located in the RNC -20 zone at 621, 623, 625 and 627 Iowa Avenue, subject to the applicant 1) providing a handicapped -accessible parking space and curb ramp immediately adjacent to the enclosed lift structure, 2) prior to the issuance of a permanent certificate of occupancy, bringing the property into compliance with parking and screening requirements, including implementing a city -approved landscaping plan to screen the parking area, and 3) reconstruction of the railings of the exterior stairwel@ and corridors, as shown on the building elevations submitted by the applicar4i�@xch'act, or painting the exposed wood railings on the exterior stairwells and coAl 6rs so theV substantially match the existing color of the building. C-''` no p —?r 8 VARIANCE ITEMS: r a 1. VAR97-0001. Public hearing on an application submitted by Herbert hand Mary Beth Hammes for a variance to permit a non -modular, duplex residence in a manufactured housing park for property located in the Factory Built Housing Residential (RFBH) zone at 2254 S. Riverside Drive. Findings of Fact: Public Interest. The Board finds that the proposed residential use would not threaten neighborhood integrity or be contrary to the objectives of the Comprehensive Plan for this area. However, according to City Code, the dwelling unit is considered a non - modular duplex, and neither non -modular residences or duplexes are permitted in the RFBH zone. Granting the requested variance would, in essence, constitute a rezoning, and as such would bypass the democratic process. It is more appropriate to seek remedy for this situation through legislative means, that is, a Zoning Chapter amendment, than through the Board of Adjustment. 9.274 ?ACE 19 Tests of Hardship. The Board finds that the applicants can continue tochave reasonable use of the property by converting the illegal dwelling unit to aZbe pe!Vitted in the RFBH zone. The situation is not unique to this property as similar q eurn ncM could occur in other RFBH zones in Iowa City. The Board is concernecHhat granting a variance in this case could set a precedent for allowing similar conversions bf structures in the RFBH zone by variance and in contradiction to the requir0inent f thea Zoning Chapter. Because the applicants proceeded with renovating a b&� sFiQp irfa an apartment without a building permit, they are responsible for creatir the / * dship of investing in an apartment that is not permitted and cannot be used in the• RFBH zone. Conclusions of Law: The Board concludes that although the applicants have shown that some of the public interest elements for granting a variance are met, they have not persuaded the Board that the hardship is such that a variance is warranted. None of the hardship tests have been met by the applicants, and in accordance with City Code subsection 14 -4B -4C, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the public interest and unnecessary hardship elements are met. Disposition: On an affirmative motion, request for a use variance to allow a RFBH zone at 2254 S. Riverside Drive. the Board voted 0-3 to deny VAR97-0001, a non -modular duplex to be constructed in the VAR97-0002. Public hearing on an application submitted by Richard W. Pattschull for a building height variance for property located in the Neighborhood Conservation Residential (RNC -20) zone at 621, 623, 625 and 627 Iowa Avenue. Findings of Fact: The Board finds that the height of the building exceeds the 35 -foot maximum height permitted for buildings in the RNC -20 zone. The height of a building is defined by the Zoning Chapter as the vertical distance from the grade to the roofline. The grade is established at the level of the finished surface of the ground, paving or sidewalk in that area that is zero to five feet from the exterior walls of the building. The established grade must abut at least 50 percent of the perimeter of the building. The raised planters in the side yards do not qualify to establish grade, because they are separated from the side of the building by sidewalks that are at a lower elevation. There are not sufficient berms abutting the building to establish grade above the parking area/lower walkway level. The outward appearance of where grade is for this property as well as the technical requirements for establishing grade are not met at the higher elevation. Public Interest. The Board finds that the building height is not compatible with surrounding properties. It is contrary to the intent of the Zoning Chapter in that it likely contributes to the parking congestion in the area, overcrowds the buildable portion of the property, and detracts from the character of the existing neighborhood. Tests of Hardship. The Board finds that the applicant can comply with the building height requirement either by artificially raising the grade through the use of berms or by removing 6.5 feet from the roof, and still continue reasonable use of the property for a purpose permitted in the zone. The development of the property is constrained by the presence of Ralston Creek, but not to the point of requiring that the height of the building exceed the 35 -foot height limitation required in the RNC -20 zone. The property is not unique in that the same dimensional requirements apply to all properties in the RNC -20 zone, even when these properties are located along a creek. To grant :. 2274 PACE 20 H a variance in this case would give an advantage to the applicant that has not been granted to others who have developed apartment buildings in the area following the requirements of the Zoning Chapter. The Board finds that the applicant, landowner and architect, Richard W. Pattschull, is responsible for creating the hardship of constructing a 16 -unit apartment building that exceeds the height limitations for buildings in the RNC -20 zone, because he did not build in accordance with approved plans and city requirements. Granting the variance could set an unwarranted precedent that condones construction that does not follow approved plans and contravenes code requirements. Conclusions of Law: The Board concludes that the applicant has failed to satisfy the public interest elements or the tests of hardship for granting a variance, and in accordance with City Code subsection 14 -4B -4C, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that 0 of the public interest elements and the tests of unnecessary hardship are met. Disposition: On an affirmative motion, the Board voted 0-3 to deny VAR97-0002, a variance to modify the 35 -foot maximum building height requirement for a 16 -unit apartment building on property located in the RNC -20 zone at 621, 623, 625 and 627 Iowa Avenue. 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 constrUSt the improvement authorized under the terms of the Board's order of decision. Cit>ElCode'Sbction 14-413-5E, City of Iowa City, Iowa. m VCwllJCIO VICr"- MILP" C-) a William Haigh, Vice hairperson T- ApOw City Attorney's Office STATE OF IOWA I I JOHNSON COUNTY I I, Susan Walsh' 131PY 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 May, 1997, as the same appears of record in my Office. Dated at Iowa City, this 21st day of May , 1997. ppdadmin\boa5-14.dec NOTARIAL SEAL Susan K. Walsh,puty City Clerk ". 22'74 AGE 21 FEE Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St, Iowa City, IA 52240; (319) 356-5243 000587 DECISIONS 4-53 BOARD OF ADJUSTMENT 1957 JUL -8 AN 9: 58 WEDNESDAY, JUNE 11, 1997 - 4:30 P.M. , CIVIC CENTER COUNCIL CHAMBERS J0hiNSIO A CI , k4A KOER IOWA CiTY.10«A MEMBERS PRESENT: Lowell Brandt, Kate Corcoran, Bill Haigh, Susan Bender, Pat Eckhardt MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Scott Kugler, John Yapp, Anne Schulte SPECIAL EXCEPTION AND VARIANCE ITEMS: 1. EXC97-0007. Public hearing on an application submitted by T&R Investments, Inc. for a special exception to permit the temporary outdoor storage of tires and appliances as a recycling center accessory use for property located in the General Industrial (1-1) zone at 2401 Scott Boulevard. Findings of Fact: The Board finds that the applicant's request to allow the temporary outdoor storage of tires and appliances as an accessory use to a recycling processing facility is reasonable given the area is zoned for industrial uses and the materials to be stored will be screened by an eight -foot high wood fence. The Board finds that recycling these materials is to the public benefit, but that appearance of this property within an industrial park setting and along a major city arterial street is also an important consideration making screening even more necessary. The Board finds that required evergreen screening along the north and east property lines that has not yet been installed is important for this use, should be installed in conjunction with the current project, and that a performance bond agreement to ensure its installation is a reasonable requirement. Conclusions of Law: The Board concludes that with the timely installation of the eight -foot high wood fence around the storage area and the use of a tarp as a mosquito abatement measure, the applicant meets the specific requirements for the outdoor storage of discarded tires and appliances as an accessory use to a recycling processing facility, as set forth in City Code subsection 14-6H-1 D4. The Board further concludes that, provided evergreen screening is installed along the north and east property lines to bring the current use of the site into conformance with the Zoning Chapter, the applicant meets thegleral standards for granting a special S to oC_ n w �r. cM -' s C:) D — r Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St, Iowa City, IA 52240; (319) 356-5243 000587 DECISIONS 4-53 BOARD OF ADJUSTMENT 1957 JUL -8 AN 9: 58 WEDNESDAY, JUNE 11, 1997 - 4:30 P.M. , CIVIC CENTER COUNCIL CHAMBERS J0hiNSIO A CI , k4A KOER IOWA CiTY.10«A MEMBERS PRESENT: Lowell Brandt, Kate Corcoran, Bill Haigh, Susan Bender, Pat Eckhardt MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Scott Kugler, John Yapp, Anne Schulte SPECIAL EXCEPTION AND VARIANCE ITEMS: 1. EXC97-0007. Public hearing on an application submitted by T&R Investments, Inc. for a special exception to permit the temporary outdoor storage of tires and appliances as a recycling center accessory use for property located in the General Industrial (1-1) zone at 2401 Scott Boulevard. Findings of Fact: The Board finds that the applicant's request to allow the temporary outdoor storage of tires and appliances as an accessory use to a recycling processing facility is reasonable given the area is zoned for industrial uses and the materials to be stored will be screened by an eight -foot high wood fence. The Board finds that recycling these materials is to the public benefit, but that appearance of this property within an industrial park setting and along a major city arterial street is also an important consideration making screening even more necessary. The Board finds that required evergreen screening along the north and east property lines that has not yet been installed is important for this use, should be installed in conjunction with the current project, and that a performance bond agreement to ensure its installation is a reasonable requirement. Conclusions of Law: The Board concludes that with the timely installation of the eight -foot high wood fence around the storage area and the use of a tarp as a mosquito abatement measure, the applicant meets the specific requirements for the outdoor storage of discarded tires and appliances as an accessory use to a recycling processing facility, as set forth in City Code subsection 14-6H-1 D4. The Board further concludes that, provided evergreen screening is installed along the north and east property lines to bring the current use of the site into conformance with the Zoning Chapter, the applicant meets thegleral standards for granting a special S Disposition: On a vote of 5-0, the Board approved EXC97-0007, a special exception to permit the temporary outdoor storage of tires and appliances as an accessory use of a recycling processing facility for property located in the 1-1 zone at 2401 Scott Boulevard, subject to: 1) the discarded tires/appliances either being moved indoors or screened by appropriate fencing (solid wood) within 30 days of the Board's decision, and 2) evergreen screening being provided along the north and east property lines within 90 days of the Board's decision and the execution of a performance bond agreement to ensure the evergreen screening will be provided as required. 2. EXC97-0013. Public hearing on an application submitted by Our Redeemer Lutheran Church for a special exception to permit an expansion of a religious institution for property located in the Low Density Single -Family Residential (RS -5) zone at 2301 East Court Street. Findings of Fact: The Board finds that the proposed expansion of the religious institution located on this property is reasonable and will not be injurious to the surrounding neighborhood and transportation system provided that certain conditions regarding lighting, the width of drives and aisles within the parking lot, and the size and configuration of the westernmost driveway onto Court Street are established and met. The Board finds that with proper screening and proper drainage from the property, the expanded church will be a benefit to the neighborhood rather than a detriment. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for the expansion of a religious institution in the RS -5 zone, as set forth in City Code subsection 14-6L-10. The Board further concludes that, provided conditions for reducing the impact of the proposed lighting on adjacent properties, for reducing the amount of pavement by minimizing the width of parking lot drives and aisles, for ensuring that the expansion does not negatively impact the traffic circulation system on adjacent arterial streets, and for ensuring appropriate screening and landscaping of the parking lot, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC97-0013, a special exception to permit an expansion of a religious institution for property located in the RS -5 zone at 2301 East Court Street, subject to: 1) staff approval of a Sensitive Areas Site Plan and a landscaping plan, 2) the western drive onto Court Street being modified to be a one lane entry -only drive, 3) modification to the lighting plans to reduce the height of the light poles to 25 feet and to use light shields to reduce the impact of the lights on neighboring properties, and 4) the width of all drives and aisles within the parking lots not exceeding the minimum dimensions required by the Zoning Chapter. 3. EXC97-0014. Public hearing on an application submitted by L. Vern and Sally W. Robinson for a special exception to permit a front yard modification along Ridgewood Drive for property located in the Low Density Single -Family Residential (RS -5) zone at ► - 2302 "AGF 184 C) C, C-) c -� Board of Adjustment W June 11, 1997 --- jPage Page2 exception, as set forth in City Code subsection 14 -4B -4B. L~ — cn Disposition: On a vote of 5-0, the Board approved EXC97-0007, a special exception to permit the temporary outdoor storage of tires and appliances as an accessory use of a recycling processing facility for property located in the 1-1 zone at 2401 Scott Boulevard, subject to: 1) the discarded tires/appliances either being moved indoors or screened by appropriate fencing (solid wood) within 30 days of the Board's decision, and 2) evergreen screening being provided along the north and east property lines within 90 days of the Board's decision and the execution of a performance bond agreement to ensure the evergreen screening will be provided as required. 2. EXC97-0013. Public hearing on an application submitted by Our Redeemer Lutheran Church for a special exception to permit an expansion of a religious institution for property located in the Low Density Single -Family Residential (RS -5) zone at 2301 East Court Street. Findings of Fact: The Board finds that the proposed expansion of the religious institution located on this property is reasonable and will not be injurious to the surrounding neighborhood and transportation system provided that certain conditions regarding lighting, the width of drives and aisles within the parking lot, and the size and configuration of the westernmost driveway onto Court Street are established and met. The Board finds that with proper screening and proper drainage from the property, the expanded church will be a benefit to the neighborhood rather than a detriment. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for the expansion of a religious institution in the RS -5 zone, as set forth in City Code subsection 14-6L-10. The Board further concludes that, provided conditions for reducing the impact of the proposed lighting on adjacent properties, for reducing the amount of pavement by minimizing the width of parking lot drives and aisles, for ensuring that the expansion does not negatively impact the traffic circulation system on adjacent arterial streets, and for ensuring appropriate screening and landscaping of the parking lot, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC97-0013, a special exception to permit an expansion of a religious institution for property located in the RS -5 zone at 2301 East Court Street, subject to: 1) staff approval of a Sensitive Areas Site Plan and a landscaping plan, 2) the western drive onto Court Street being modified to be a one lane entry -only drive, 3) modification to the lighting plans to reduce the height of the light poles to 25 feet and to use light shields to reduce the impact of the lights on neighboring properties, and 4) the width of all drives and aisles within the parking lots not exceeding the minimum dimensions required by the Zoning Chapter. 3. EXC97-0014. Public hearing on an application submitted by L. Vern and Sally W. Robinson for a special exception to permit a front yard modification along Ridgewood Drive for property located in the Low Density Single -Family Residential (RS -5) zone at ► - 2302 "AGF 184 Findings of Fact: The Board finds that the proposed addition of a screened -in porch on this property is reasonable and will not be injurious to adjacent properties or to the surrounding neighborhood, and will not pose a public safety hazard. The Board finds that the unique triangular shape of this corner lot makes it a practical difficulty to comply with the dimensional requirements of the Zoning Chapter. The proposed front yard reduction will cause only a modest reduction (6.7%) of the front yard along a narrow street that functions as an alley. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a front yard reduction in the RS -5 zone, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that, provided the front yard is reduced by no more than 192 square feet, or 6.7%, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14- 46-46. Disposition: On a vote of 5-0, the Board approved EXC97-0014, a special exception to reduce the front yard requirement along the Ridgewood Drive right-of-way by approximately 192 square feet or 6.7% to allow construction of an approximate 12 - foot by 23 -foot screened -in porch for property located in the RS -5 zone at 507 Seventh Avenue S. 4. EXC97-0015. Public hearing on an application submitted by Dudley Brothers Co., on behalf of property owners Randall and Danelle Essing, for a special exception to permit a rear yard modification for property located in the Low Density Single -Family Residential (RS -5) zone at 816 Rider Street. Findings of Fact: The Board finds that the proposed addition of a three -season porch on this property is reasonable and will not be injurious to adjacent properties or to the surrounding neighborhood, and will not pose a public safety hazard. The Board finds that the small size of the property, which is a non -conforming lot in the RS -5 zone, makes it a practical difficulty to comply with the dimensional requirements of the Zoning Chapter. The Board finds that the requested reduction of the rear yard requirement is a modest reduction, and will not compromise the intent of the Zoning Chapter. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a rear yard reduction in the RS -5 zone, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that, provided the rear yard is reduced by no more than 6 feet for the 12 foot length of the proposed three -season porch, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC97-0015, a special exception to reduce the rear yard requirement from 20 feet to 14 feet for the 12 foot length of the proposed three -season porch for property located in the RS -5 zone at 816 Rider V',- 2309 PAGE 1$5 �n J O ::E L •.y ) e, .® W N Board of Adjustment Mai June 11, 1997 _r'I 3 Page 3 o v 507 Seventh Avenue S. c -n Findings of Fact: The Board finds that the proposed addition of a screened -in porch on this property is reasonable and will not be injurious to adjacent properties or to the surrounding neighborhood, and will not pose a public safety hazard. The Board finds that the unique triangular shape of this corner lot makes it a practical difficulty to comply with the dimensional requirements of the Zoning Chapter. The proposed front yard reduction will cause only a modest reduction (6.7%) of the front yard along a narrow street that functions as an alley. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a front yard reduction in the RS -5 zone, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that, provided the front yard is reduced by no more than 192 square feet, or 6.7%, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14- 46-46. Disposition: On a vote of 5-0, the Board approved EXC97-0014, a special exception to reduce the front yard requirement along the Ridgewood Drive right-of-way by approximately 192 square feet or 6.7% to allow construction of an approximate 12 - foot by 23 -foot screened -in porch for property located in the RS -5 zone at 507 Seventh Avenue S. 4. EXC97-0015. Public hearing on an application submitted by Dudley Brothers Co., on behalf of property owners Randall and Danelle Essing, for a special exception to permit a rear yard modification for property located in the Low Density Single -Family Residential (RS -5) zone at 816 Rider Street. Findings of Fact: The Board finds that the proposed addition of a three -season porch on this property is reasonable and will not be injurious to adjacent properties or to the surrounding neighborhood, and will not pose a public safety hazard. The Board finds that the small size of the property, which is a non -conforming lot in the RS -5 zone, makes it a practical difficulty to comply with the dimensional requirements of the Zoning Chapter. The Board finds that the requested reduction of the rear yard requirement is a modest reduction, and will not compromise the intent of the Zoning Chapter. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a rear yard reduction in the RS -5 zone, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that, provided the rear yard is reduced by no more than 6 feet for the 12 foot length of the proposed three -season porch, the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC97-0015, a special exception to reduce the rear yard requirement from 20 feet to 14 feet for the 12 foot length of the proposed three -season porch for property located in the RS -5 zone at 816 Rider V',- 2309 PAGE 1$5 5. EXC97-0016/VAR97-0003. Public hearing on applications submitted by Richard Hermeier for a special exception to permit front, side and rear yard modifications and a variance to allow a building to exceed the maximum lot coverage permitted in the Neighborhood Conservation Residential (RNC -12) zone for property located at 606 E. Jefferson Street. Special Exception: Findings of Fact: The Board finds that the proposed yard encroachments would have a substantial impact on adjacent properties by blocking light and air, creating fire code problems, and causing maintenance difficulties for all effected properties due to the proximity of the buildings. The Board further finds that the property already enjoys substantial advantages over other properties in the RNC -12 zone in terms of lot coverage and density, and allowing further expansion would give special privileges to the applicant that are not accorded to others in like circumstances. The major peculiarity of the property is the size and mass of the existing structure in relation to the small lot size. The Board finds that other options in lieu of the requested special exception are open to the applicant as a means to remedy the difficulties being caused by the current situation. Conclusions of Law: The Board concludes that the requested yard modifications are substantial, will be a detriment to the adjacent properties, and are not justified in this situation; thus the specific requirements for granting a yard modification as set forth in City Code subsection 14 -6Q -4B, are not met. The Board further concludes that the general standards for granting a special exception, as detailed in City Code subsection 14 -4B -4B, are not being met due to the impact of the proposed additions on adjacent properties, fire code problems that would be created as a result of granting the special exception, and because approval would allow the expansion of a use that is already non -conforming in a number of ways, including lot coverage and required parking, in addition to existing yard encroachments. Disposition: On an affirmative motion, the Board voted 0-5 to deny EXC97-0016, a special exception to modify the front, rear and side yard requirements to allow construction of two two-story additions on the northeast and southeast corners of an existing residential structure on property located in the RNC -12 zone at 606 E. Jefferson Street. Variance: Findings of Fact: Public Interest. The Board finds that the proposed variance would not further the public interest in that it would have an adverse impact on adjacent properties, and would not be in harmony with the objectives of the Zoning Chapter or the O J r D >- = W _ Board of Adjustment <r 3 - June 11, 1997 Page 4 L� _ Street. 5. EXC97-0016/VAR97-0003. Public hearing on applications submitted by Richard Hermeier for a special exception to permit front, side and rear yard modifications and a variance to allow a building to exceed the maximum lot coverage permitted in the Neighborhood Conservation Residential (RNC -12) zone for property located at 606 E. Jefferson Street. Special Exception: Findings of Fact: The Board finds that the proposed yard encroachments would have a substantial impact on adjacent properties by blocking light and air, creating fire code problems, and causing maintenance difficulties for all effected properties due to the proximity of the buildings. The Board further finds that the property already enjoys substantial advantages over other properties in the RNC -12 zone in terms of lot coverage and density, and allowing further expansion would give special privileges to the applicant that are not accorded to others in like circumstances. The major peculiarity of the property is the size and mass of the existing structure in relation to the small lot size. The Board finds that other options in lieu of the requested special exception are open to the applicant as a means to remedy the difficulties being caused by the current situation. Conclusions of Law: The Board concludes that the requested yard modifications are substantial, will be a detriment to the adjacent properties, and are not justified in this situation; thus the specific requirements for granting a yard modification as set forth in City Code subsection 14 -6Q -4B, are not met. The Board further concludes that the general standards for granting a special exception, as detailed in City Code subsection 14 -4B -4B, are not being met due to the impact of the proposed additions on adjacent properties, fire code problems that would be created as a result of granting the special exception, and because approval would allow the expansion of a use that is already non -conforming in a number of ways, including lot coverage and required parking, in addition to existing yard encroachments. Disposition: On an affirmative motion, the Board voted 0-5 to deny EXC97-0016, a special exception to modify the front, rear and side yard requirements to allow construction of two two-story additions on the northeast and southeast corners of an existing residential structure on property located in the RNC -12 zone at 606 E. Jefferson Street. Variance: Findings of Fact: Public Interest. The Board finds that the proposed variance would not further the public interest in that it would have an adverse impact on adjacent properties, and would not be in harmony with the objectives of the Zoning Chapter or the D rC= a Board of Adjustment -sir e June 11, 1997 Page 5 o L ' _ Comprehensive Plan, which call for the appropriate use of the land, preventing the overcrowding of land, and encouraging a quality residential neighborhood environment. Test of Hardship. The Board further concludes that the applicant has not met the three tests of unnecessary hardship, that is, that the property can yield a reasonable return without the granting of the requested variance, the property is no more unique than any other non -conforming property within the RNC -12 zone, and that the situation is of the landowner's or previous title holder's own making. Conclusions of Law: The Board concludes that neither the public interest nor the unnecessary hardship tests have been met by the applicant. In accordance with City Code subsection 14-413-4C, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the public interest and unnecessary hardship elements are met. Disposition: On an affirmative motion, the Board voted 0-5 to deny VAR97-0003, a variance to permit building coverage of 77.8% of the lot in order to allow construction of two two-story additions on the northeast and southeast corners of the existing residential structure for a property located in the RNC -1 2 zone at 606 E. Jefferson Street. 6. EXC97-0017. Public hearing on an application submitted by Christopher Drop, on behalf of property owner Elizabeth Beltz, for a special exception to permit a rear yard modification for property located in the Low Density Single -Family Residential (RS -5) zone at 1929 Friendship Street. Findings of Fact: The Board finds that the proposed addition of a screened -in porch on this property is reasonable and will not be injurious to adjacent properties or to the surrounding neighborhood, and will not pose a public safety hazard. The Board finds that the small size of the property, which is a non -conforming lot in the RS -5 zone, and the fact that the property already encroaches into the rear yard, makes it a practical difficulty to comply with the dimensional requirements of the Zoning Chapter. The Board also finds that the addition of an attached screened -in porch will make more efficient use of the property than the existing detached screened -in room. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a rear yard reduction in the RS -5 zone, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that, provided the rear yard is reduced by no more than 8 feet for the 11 foot length of the proposed screened -in porch and by 3 feet for the 5 foot, 10 inch length of the proposed hallway, and provided the existing detached screened -in room is removed, the applicant meets the general standards for granting a special exception, as set forth in City Code section 14 -4B -4B. Disposition: On a vote of 5-0, the Board voted to approve EXC97-0017, a special exception to reduce the rear yard requirement from 20 feet to 12 feet for the 11 foot 1'6 2-302 PAff 187 Board of Adjustment June 11, 1997 Page 6 length of the screened -in porch and from 20 feet to 17 feet for the 5 foot, 10 inch length of the proposed hallway, subject to the removal of the existing detached screened -in room which is located on the west property line. 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 order of decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. Patricia Eckhardt, Chairperson STATE OF IOWA 1 1 JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of April, 1997, as the same appears of record in my Office. Dated at Iowa City, this ppdadmin\min\6-11 dec.doc 3 day of 1 , 1997. Maria K. Karr, City Clerk qT� SPA; w'_ 9302'ArT 188 O v D L r -M -" f o: o /4e a �# P 1; . O FEE /p Q Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington Street, Iowa City, IA DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 30, 1997 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: SPECIAL EXCEPTION ITEM: o -71 v s e 52240; 319M56-5���2�7��2 300K �_Pr,GEir 1997 AUG -6 AH 9: 25 .,,;,DER Susan Bender, Lowell Brandt, Kate Corcoran, PatriciACff&kI6A1rdtjDdA Bill Haigh None Sarah Holecek, Melody Rockwell, Traci Howard Joe Tobin, Jim O'Brien, Jill Smith, Pat Fulsom, Anne Rawlins, Susan Riedl, Steve Dunbar, Bob Lehman, Sally Hartman, Mary Brookhart, Dan Brookhart EXC97-0020. Public hearing on an application submitted by Jim Stetzel, on behalf of property owners Clarke and JoAnn Stetzel, for a special exception to permit construction of elder congregate housing on Lots 7 and 8 of Longfellow Manor Subdivision for property located in the Medium Density Single -Family Residential (RS -8) zone on Longfellow Place. Findings of Fact. The Board finds that the requested exception will allow for housing, which will serve the needs of elders and persons with disabilities, to be developed within an existing residential neighborhood. The elder congregate residences will provide an attractive, residential alternative in Iowa City for older persons, who are not able to maintain or live independently in their own homes, but desire a comparatively independent, non -institutional, yet supportive environment. The proposed homes are larger than many homes in the surrounding neighborhood, yet compatible in that they are residential, not institutional, in appearance, are located at the end of a cul de sac street and do not exceed the size limitations permitted for new construction of single-family homes or duplexes in the RS -8 zone. The proposed Georgian -style residences will provide for a diversity of housing within the area at a reasonable density. If the elder congregate housing fails to be marketable, the Board finds that the proposed elder congregate residences can be adapted for uses permitted in the RS -8 zone, such as single-family residences or duplexes. The Board also finds that slightly more than the required parking will be provided, and this amount of parking should be more than adequate for the elder residents, compatible with the way parking is provided for single-family residential development, and not result in spillover parking on nearby residential streets. It is anticipated that the impacts, including traffic generation, of the elder congregate residences on nearby properties will be minimal, and there are likely to be positive benefits of having elders living within the neighborhood. 94 r 4 ti Conclusions of Law. The Board concludes that the applicant has shown that the elder congregate housing, as proposed for Lots 7 and 8, Longfellow Manor Subdivision, and subject to the conditions of approval set by the Board, meets the criteria of compatibility, adaptability and parking as well as the specific requirements, as set forth in City Code subsection 14-613- 3D5, for establishing elder congregate housing in the RS -8 zone, and in subsection 14-6L-1 U, which lists additional regulations for elder congregate housing. The Board further concludes that the applicant meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: The Board approved, by a vote of 4-1 with Haigh voting no, EXC97-0020, a special exception to permit an elder congregate residence on Lot 7, Longfellow Manor Subdivision, at 869 Longfellow Place, and on Lot 8, Longfellow Manor Subdivision, at 879 Longfellow Place, for property located in the RS -8 zone, subject to the applicant 1) providing a minimum 20% commonVmgspace within the residence, ?) assuring that all residents have interior access to the common living space within their residence, 3) implementing the building design and construction of the elder congregate residence for Lot 7 and for Lot 8 in a manner substantially consistent with the building elevations and site plan considered by the Board when granting approval of the elder congregate residences, except that the Board directs the applicant to work with City staff to incorporate changes to the sides of the buildings, such as varied window styles, accented entrances, shutters, and brick wainscoting, to enhance the single-family residential appearance, and 4) having a clear understanding that the elder congregate residence cannot be converted into an apartment house in the future by current or subsequent owners of 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 improve- ment authorized under the terms of the Board's order of decision. City Code Section 14 -4B - 5E, City of Iowa City, Iowa. Patricia Eckhardt, Chairperson STATE OF IOWA ) JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed`$y the Board of Adjustment of Iowa City, Iowa, at a special meeting on the 30th day f4yly,a99Z,, as the same appears of record in my Office. ^_ ' a Dated at Iowa City, this day of 1997. IL Marian K. Karr, City Clerk y cn ppdadmin\mins\boa7-30.dw 95 f Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 1)065'72 •> . . 9y,,1 DECISIONS PVT- {DE IOWA CITY BOARD OF ADJUSTMENT 1997 SEP 30 PH 3: 07 WEDNESDAY, SEPTEMBER 10, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS JOF1h,SuW Cu', 'a' ( ;;ECORD'-R IDWA CITY, IOWA MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Pat Eckhardt MEMBERS ABSENT: Bill Haigh STAFF PRESENT: Sarah Holecek, Anne Schulte OTHERS PRESENT: Bill Heald, Doug Alberhasky, Doris Stormoen, Leslie Schwalm, Daniel Lee Krackman, Dan Brookhart, Mary Brookhart, Diana Phipps, John Phipps, Beverly Weismann, Hillary Sale, Meg Baron, Ned Wood SPECIAL EXCEPTION ITEM: 1. EXC97-0021. An application submitted by William Heald, on behalf of property owners William Heald and Mary Ann Letizio, for a special exception to permit a rear yard reduction for property located in the Neighborhood Conservation Residential (RNC -12) zone at 119 N. Governor Street. Findings of Fact: The Board finds that where feasible, new construction should comply with current setback requirements, which are in place for safety and protection of property rights. The applicant has alternatives available in that he can relocate the storage shed on the property in compliance with setback requirements or he can downsize the shed to bring it into compliance. Although there is minimal encroachment of the shed into the total required rear yard setback area, a four -inch setback does not allow sufficient space for construction or maintenance of the west wall of the structure without trespassing on the neighboring property. The placement of the shed within four inches of the rear property line limits the ability of the neighboring property owner to exercise their lawful property rights in terms of future construction. Additionally, without a construction/maintenance easement being granted by the neighboring property owners to the west, the Board finds that it cannot sanction the requested rear yard reduction due to the unresolved maintenance and trespassing issues. Conclusions of Law: Based on the above findings of fact, the Board concludes that the applicant does not meet the specific standards for reducing the rear yard setback requirement, as set forth in City Code subsection 14-60-4B, or the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. BOON2349PACE 194 J FEE P"CDm -n r: —_ N � e•�� 'rT "O a.B :' o -Co a s- y- ca Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 1)065'72 •> . . 9y,,1 DECISIONS PVT- {DE IOWA CITY BOARD OF ADJUSTMENT 1997 SEP 30 PH 3: 07 WEDNESDAY, SEPTEMBER 10, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS JOF1h,SuW Cu', 'a' ( ;;ECORD'-R IDWA CITY, IOWA MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Pat Eckhardt MEMBERS ABSENT: Bill Haigh STAFF PRESENT: Sarah Holecek, Anne Schulte OTHERS PRESENT: Bill Heald, Doug Alberhasky, Doris Stormoen, Leslie Schwalm, Daniel Lee Krackman, Dan Brookhart, Mary Brookhart, Diana Phipps, John Phipps, Beverly Weismann, Hillary Sale, Meg Baron, Ned Wood SPECIAL EXCEPTION ITEM: 1. EXC97-0021. An application submitted by William Heald, on behalf of property owners William Heald and Mary Ann Letizio, for a special exception to permit a rear yard reduction for property located in the Neighborhood Conservation Residential (RNC -12) zone at 119 N. Governor Street. Findings of Fact: The Board finds that where feasible, new construction should comply with current setback requirements, which are in place for safety and protection of property rights. The applicant has alternatives available in that he can relocate the storage shed on the property in compliance with setback requirements or he can downsize the shed to bring it into compliance. Although there is minimal encroachment of the shed into the total required rear yard setback area, a four -inch setback does not allow sufficient space for construction or maintenance of the west wall of the structure without trespassing on the neighboring property. The placement of the shed within four inches of the rear property line limits the ability of the neighboring property owner to exercise their lawful property rights in terms of future construction. Additionally, without a construction/maintenance easement being granted by the neighboring property owners to the west, the Board finds that it cannot sanction the requested rear yard reduction due to the unresolved maintenance and trespassing issues. Conclusions of Law: Based on the above findings of fact, the Board concludes that the applicant does not meet the specific standards for reducing the rear yard setback requirement, as set forth in City Code subsection 14-60-4B, or the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. BOON2349PACE 194 CD .. = r C7 N O'1 �r �i 2 _( ' O Disposition: By a vote of 0-4 on an affirmative motion, the Board denied EXC97- 0021, a special exception to reduce the rear yard setback requirement for a detached, accessory building from three feet to four inches for the ten -foot, eight -inch length of the storage shed for property located in the RNC -12 zone at 119 N. Governor Street. VARIANCE ITEM: VAR97-0004. Public hearing on an application submitted by John and Diana Phipps, on behalf of property owner Gamma Omicron House Corporation of Sigma Alpha Mu, for a density variance to permit a fraternity house to be converted into a rooming house for 30 residents for property located in the Neighborhood Conservation Residential (RNC -20) zone at 932 E. College Street. Findings of Fact: Public Interest Elements: The Board finds that the applicants' concept for renovating and using the existing building for a rooming house for women college students pursuant to their business plan will be less disruptive for and more compatible with the neighborhood than replacing the building with a new structure, having the building continue to be used as a fraternity, and/or used as an "unsupervised" rental property for a permitted use, such as a rooming house for 13 residents or a four-plex with up to 20 residents. The Board finds that the applicants' renovation and maintenance of the existing, possibly key historic 1924 brick structure will meet the intent of the RNC -20 zone to "preserve the character of the neighborhood." The applicants are seeking to upgrade the property and to make it an attractive anchor for the neighborhood. The proposed, extensive renovation of the structure and the supervised living arrangement will also be consistent with the Comprehensive Plan guidelines that encourage "higher density development and reinvestment in the near downtown neighborhoods that preserves desirable neighborhood characteristics" and creates a "desirable living environment." The upscale, controlled business operation with resident managers will create fewer impacts on neighboring properties, such as noise from loud parties, and is more in keeping with the spirit of the law for a neighborhood conservation zone than potential permitted uses, which could be much more damaging to the neighborhood and the existing historical structure. The van service and provision of off-site parking proposed by the applicants will alleviate parking congestion created by a 30 -resident rooming house. Tests of Unnecessary Hardship: 1. Reasonable Rate of Return. The Board finds that the applicants have demonstrated that a density variance to permit a 30 -resident rooming house is warranted in that a lower level of density would not yield a reasonable rate of return given the facts of the situation. The extensive renovations required to restore the historic integrity of the structure and bring it into compliance with city codes will require a substantial up -front captial investment. Further, the proposed business plan, including quality, supervised housing with an educational component and security, cleaning and cooking staff will be more expensive to implement than standard rental housing. The proposed "business plan" is not akin to rental housing, and justifiably requires a higher BOOK2349PACE 195 .a i • J OC/)[.__ rT 1 iy— V sr C N Ql 3 C:> c- rate of return for successful implementation. Additionally, the fraternity'hpuse has been vacant for over a year, and if the property could have made a reasonable return under permitted uses, it is likely that would have already occurred. 2. Uniqueness. The property is unique not only due to having a large building on a relatively small lot, but also because the 1924 brick building is a contributing structure within an older neighborhood; it is a historic structure that the neighborhood wants to see maintained, not destroyed through disuse or razing. The business plan proposed by the applicants provides a unique solution for adaptive reuse of the large, older residence. 3. Landowner's Own Making. The changes in dimensional, density and parking requirements over the years as the zoning ordinance has been amended were not caused by the property owner or by a predecessor in title. The density level of 30 residents will be less than the prevailing number of residents who lived in the structure over the past seven decades as part of a sorority or a fraternity; that is, without a variance, a fraternity or sorority could potentially continue as a legal, nonconforming use with a prevailing density of 35-40 residents. Conclusions of Law: The Board concludes that the applicants meet the public interest elements and have met the tests of hardship for granting a variance, in accordance with City Code subsection 14-413-4C. Disposition: By a vote of 3-1 with Brandt voting no, the Board approved VAR97- 0004, a variance to exceed the maximum density permitted for a rooming house in the RNC -20 zone in order to allow the establishment of a rooming house for 30 residents for property located at 932 E. College Street, subject to 1) the variance being conferred specifically to Leighton House, L.C., which will provide resident management of the rooming house consistent with the principles outlined in the business plan for Leighton House, L.C. dated July 1997; the density variance is not applicable to any successors in title to the 932 E. College Street property, 2) any exterior change to the residential structure requiring a city building permit requiring approval by the Iowa City Historic Preservation Commission, and 3) the removal of the concrete basketball court located in front of the residence, and the installation of landscaping in its stead. 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 improve- ment authorized under the terms of the Board's order of decision. City Code Section 14-413- 5E, City of Iowa City, Iowa. Patricia Eckhardt, Chairperson BBBR2349PACE 196 NO .:, Mur 4 STATE OF IOWA 1 1 JOHNSON COUNTY 1 I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of September, 1997, as the same appears of record in my Office. Dated at Iowa City, this�lv day of 1997. 2 �J !O Mari K. Karr, City Clerk ppdadmin\boa��c ��� � ' �'�� DOOK2349PACE 197 �D J _. N Cn i. J t' jCe Co DOOK2349PACE 197 FEE 00"798�0 y� ISS7 OCT 22 F'rl 2* 53 97 OCT 21 Contact Person: Melody Rockwell, 410 E. Washington St., Iowa City, IA 52240 (319)356.41251. • - - DECISIONS %.. IOWA CITY BOARD OF ADJUSTMENT, .• WEDNESDAY, OCTOBER 8, 1997 -4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt, Bill Haigh MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Melody Rockwell, John Yapp, Traci Howard OTHERS PRESENT: John R. Rummelhart, Ralph Neuzil, Maxine Simmons, Dennis Keitel, John Streit, Kirsten Frey, Stewart Eely, Daniel J. Glasgow, Mike Hodge, Ken Prymex SPECIAL EXCEPTION ITEMS: EXC97-0003. Public hearing on a request submitted by John R. Rummelhart, Jr. for a six- month extension of a March 12, 1997, Board decision that permitted an auto and truck - oriented use, a muffler shop, to be established for property located in the Community Commercial (CC -2) zone at 1410 Waterfront Drive. Findings of Fact: The Board finds that a city sewer project has unavoidably delayed the construction of the muffler and brake shop approved for this property by the Board. The Board further finds that local circumstances and code requirements have not changed in any appreciable way to alter the Board's previous findings of fact and conclusions of law in granting approval of an auto and truck -oriented use for the property. Conclusions of Law: The Board concludes in accordance with City Code subsection 14-46- 5E, that the applicants have shown good cause for the extension, and it is prudent and reasonable for the Board to grant the six month extension. The Board further concludes that with the conditions of approval, the applicants continue to meet the general standards for granting a special exception, as set forth in City Code subsection 14-46-46. Disposition: By a vote of 5-0, the Board approved extending the expiration date to March 24, 1998, for EXC97-0003, a special exception approved by the Board of Adjustment on March 12, 1997, to permit an auto and truck oriented use, a muffler and brake shop, to be established on property located in the Community Commercial (CC -2) zone at 1410 Waterfront Drive. EXC97-0022. Public hearing on an application submitted by Moose Lodge #1096, on behalf of property owner Al Streb, for a special exception to permit a club to be established in the Medium Density Multi -Family Residential (RM -20) zone at 4575 Highway 6 East. Findings of Fact: The Board finds that the Moose Lodge proposes to provide a family- oriented club with outdoor playing fields in the southeast area of the city that will provide facilities for youth and adults for recreation, celebrations and community service events. This should prove to be a nice addition to Iowa City that will provide public as well as private benefits. The Board finds that the plan for development proposed by the Moose Lodge and som 2360PACE 194 Iowa City Board of Adjustment Decisions October 8, 1997 Page 2 the conditions of approval will help to address the impacts of the anticipated commercial -level of club activities in an area that is developing residentially. The condition for landbanked parking allows for a balance to provide parking as needed, while minimizing unnecessary paving. The condition concerning the common access drive configuration will encourage safe and orderly vehicular traffic movements on and off the property, now and in the future when development occurs on the adjacent property to the east. The screening and lighting conditions will help enhance compatibility of this fairly intensive use. The annexation and rezoning of the property, that is a condition of the special exception approval, will address infrastructure and access permit requirements. Conclusions of Law: The Board concludes that with the conditions of approval, the applicant meets the specific requirements for allowing a club to be established in a RM -20 zone, as set forth in City Code subsection 14 -6D -8D2. The Board further concludes that the applicant meets the general standards for granting a special exception as set forth in City Code subsection 14-46-46. Disposition: By a vote of 5-0, the Board approved EXC97-0022, a special exception to permit a club to be established in an RM -20 zone at 4575 Highway 6 SE, subject to the following conditions: a) The common access drive will be redesigned to improve traffic safety; at a minimum, the common access drive shall be brought as far south as possible within the access easement, with the private access drive to the Moose Lodge parking area teeing perpendicularly into the common access drive, and a stop sign being placed on the Moose Lodge property for exiting vehicular traffic. b) The applicant will be permitted to install up to 105 parking spaces initially on the site, and up to 49 parking spaces may be landbanked with the provision that these 49 landbanked spaces can be converted to parking spaces upon approval by the Director of Planning and Community Development if the applicant, after a period of at least six months from the date of occupancy of the building, clearly demonstrates a need for additional parking. C) The applicant will provide downcast lighting to be approved by the city with attention to preventing glare on neighboring properties. d) The applicant will provide evergreen screening along the side and rear lot lines; the parking area screening shown on the site plan adjacent to the parking areas shall be planted prior to the issuance of the occupancy permit for the Moose Lodge building, and the applicant shall submit a planting plan and planting schedule to phase in the remaining evergreen screening within two years of the Board's decision on this case. e) The applicant will receive the necessary approvals for the requested annexation and rezoning of the subject property to RM -20, and will consent through the conditional zoning agreement to address the issues of highway access, sanitary sewer connections, storm water management, pedestrian access and Sensitive Areas Ordinance requirements. f) The applicant will submit a recorded plat of the M.L. Subdivision to the City 3. EXC97-0023. Public hearing on an application submitted by John Moreland, on behalf of property owner S & M Properties, for a special exception to reduce the required off-street BBBR2360PACE 195 Iowa City Board of Adjustment Decisions October 8, 1997 Page 3 parking for property located in the Low Density Multi -Family Residential (RM -12) and Intensive Commercial (CI -1) zones on a portion of Lots 2 & 3, West Side Park. Findings of Fact: The Board finds that the applicants have documented that the use of the property for an insurance sales office will require less off-street parking than is required by code; that the requested 19% reduction will result in a reasonable balance of parking for the stipulated use. The Board finds that 47 parking spaces should provide sufficient parking spaces for the insurance sales office without creating problems of spillover parking. The reduced parking allows for landscaped greenspace along the front and side lot lines across the street from and adjacent to residential properties, and thereby enhances the buffering aspects of this commercial property that is situated between the residential uses to the west and north and the developing intensive commercial properties to the south. Conclusions of Law: The Board concludes that with the condition of approval, the applicant meets the specific standards for reducing required off-street parking, as set forth in City Code subsection 14 -6N -1H, in that the applicant has demonstrated that the specific use (an insurance sales office) has characteristics such that the number of parking spaces required is too restrictive. The Board further concludes that the applicant satisfies the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: By a vote of 5-0, the Board approved EXC97-0003, a special exception to reduce the off-street parking requirement from 58 spaces to 47 parking spaces for a 14,000 square foot office building with up to 11,000 square feet of office space and up to 3,000 square feet of storage area located on the east side of West Side Drive, south of Earl Road, subject to the parking reduction being tied specifically to the use of the property as an insurance sales office. 4. EXC97-0024. Public hearing on an application submitted by Hodge Construction Company, on behalf of property owner Plum Grove Acres, Inc., for a special exception to permit a restaurant greater than 2,500 square feet in size and a special exception to permit off-street parking in excess of 110% of the required parking for property located in the Neighborhood Commercial (CN -1) zone at 200 Scott Court. Findings of Fact: The Board finds that a restaurant is an appropriate use in a neighborhood commercial area if it is a suitable size such that the surrounding residential neighborhood constitutes its primary service area. The Board finds that the restaurant, as proposed at 4,666 square feet in size, would be more intensive and regional in nature and would generate more vehicular traffic than is intended or suitable for businesses in the CN -1 zone. This size of restaurant (87% larger than the size of restaurant that is allowed on a provisional basis in the CNA zone) would be better suited to a more intensely commercial, less residential area, such as a CC -2 zoned district, and on a property that has more direct access to an arterial street, rather than being located at the end of cul-de-sac street in a neighborhood commercial area. Based on comparing characteristics and attributes of restaurants of similar square footage in the community, the Board finds that the size of the restaurant being requested in this case will create unacceptable levels of traffic and parking demand in the neighborhood commercial zone. The Board views the seating area as only one component of a restaurant, and affirms that its decision at this time, as in the previous two times the application for a restaurant on this property has been before it, is based on the total square feet of floor area occupied by the restaurant; that is, the overall size of the restaurant. The calculations for the total restaurant floor area include the accessory areas for storage, offices and restrooms as well as the seating area and kitchen. The Board finds that it should continue to be consistent in BBB6236OPAU 196 Iowa City Board of Adjustment Decisions October 8, 1997 Page 4 the way it evaluates the size of restaurants in the CN -1 zone, and not arbitrarily make an exception in this case. Conclusions of Law: The Board concludes that a 4,666 square foot restaurant exceeds the size intended for the CN -1 zone and thus the intent of the zone's size limitation; establishing a 4,666 square foot restaurant, a size of restaurant that is greater than 2,500 square feet in size in the CN -1 zone, as specified in City Code subsection 14 -6E -2D6, and allowing up to 46 parking spaces, which is 200% in excess of 110% (23 parking spaces) of the maximum required parking for a 4,666 square foot restaurant in the CN -1 zone, as specified in City Code subsection 14 -6N -1J, would not meet the interests of justice or serve the public interest. The Board further concludes that the applicant has not met the general standards for granting a special exception, as set forth in City Code subsection 14-41346. Disposition: On an affirmative motion, by a vote of 0-5, the Board denied EXC97-0024, a special exception to allow a 4,666 square foot restaurant to be established, and a special exception to modify the parking requirements to allow parking spaces in excess of 110% of the maximum required parking in the CN -1 zone for property located at 200 Scott Court. 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 under the terms of the Board's order of decision. City Code Section 14-413-5E, City of Iowa City, Iowa. P �La� Patricia Eckhardt, Chairperson STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby decision herein is a true and correct copy of the decision Adjustment of Iowa City, Iowa, at its regular meeting on the 8th appears of record in my office. Dated at Iowa City, Iowa, this ai day of , 1997. CORPORATE SEAL certify that the Board of Adjustment that was passed by the Board of day of October, 1997, as the same i�Y�iiL��rJ PY • YC�J Maria -n . Karr, City Clerk Mdad.�nlbmlWWA. BBBK2360PACE 197 0 City Attorney's Office u N ms N CD I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby decision herein is a true and correct copy of the decision Adjustment of Iowa City, Iowa, at its regular meeting on the 8th appears of record in my office. Dated at Iowa City, Iowa, this ai day of , 1997. CORPORATE SEAL certify that the Board of Adjustment that was passed by the Board of day of October, 1997, as the same i�Y�iiL��rJ PY • YC�J Maria -n . Karr, City Clerk Mdad.�nlbmlWWA. BBBK2360PACE 197 CITY CLERK Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 12, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt, Bill Haigh MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Melody Rockwell, Traci Howard J �' 0 OTHERS PRESENT: Rick Zollo, Betty Monroe SPECIAL EXCEPTION ITEM: EXC97-0025. Public hearing on an application submitted by Rick and Susan Zollo for a special exception to permit a rear yard and a side yard modification for property located in the RS -5, Low Density Single -Family Residential Zone, at 1604 E. Court Street. Findings of Fact. The Board finds that the requested rear yard reduction is fairly modest, and there will only be a minimal change to the current footprint of the residence and no significant change to the outward appearance of the residence. The addition will replace a deteriorating porch, will serve to upgrade the value of the property, and will have a general, positive effect on neighboring properties. The Board finds that the unique situation for this property relates to the house being centered on a larger lot when it was constructed in the early 1900s, and 'having the side and rear yards reduced through subsequent divisions of the original lot. The Board further finds that the addition will not pose a public safety hazard, and both the proposed addition and the evergreen landscaping should improve the privacy for the residents on properties immediately adjacent to the subject property. The Board finds that although the side yard reduction request is minimal, it adds to the existing encroachment of the garage along the north lot line. Allowing the addition to be constructed only three feet, ten inches from the north lot line, instead of observing the required five-foot side yard setback, would tend to add to the crowding effect of the structure in relation to the neighboring residence on the property to the north, which has a relatively small back yard. The Board notes that meeting the required setback will allow more room for maintenance of the structure and will allow a window to be constructed on the north side of the addition as shown on the plans submitted by the applicants. Conclusions of Law. The Board concludes that the applicants' request to modify the rear yard requirement meets the specific standards specified in City Code subsection 14 -6Q -4B, which sets forth the criteria for granting exceptions to established setbacks. The Board further concludes that with the condition for evergreen screening, the requested rear yard reduction BOARD OF ADJUSTMENT DECISION PAGE 2 meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. The Board fails to conclude that the requested side yard reduction is warranted based on the above findings of fact. Disposition: By a vote of 5-0, the Board approved EXC97-0025, a special exception to reduce the rear yard requirement (along the east lot line) from 20 feet to 9 feet for the 16 - foot length of the bedroom addition, and from 20 feet to 15 feet for the 20 -foot length of the bathroom and laundry room addition for property located in the RS -5 zone at 1604 Court Street, subject to providing evergreen screening along the north lot line from a point that is a minimum of six feet from the east side of the garage to the east lot line, and along the east lot line from the north lot line to a point parallel with the south wall of the bedroom addition. By a vote of 2-3, with Brandt, Haigh and Eckhardt voting no, the Board failed to approve the request to reduce the side yard along the north lot line from five feet to three feet, ten inches for the eight -foot width of the laundry room addition for property located in the RS -5 zone at 1604 Court Street. u •� 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 under the terms of the Board's order of decision. City Code subsection 14-413- 5E, City of Iowa City, Iowa. , 0 Patricia Eckhardt, Chairperson STATE OF IOWA 1 _ JOHNSON COUNTY ) — �' ity At ey' Office - — N — — CJ I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment decision herein is a true and correct copy of the decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of November, 1997, as the same appears of record in my office. Dated at Iowa City, Iowa, this ac? day of 21rr1997. � % . AL 2 Mahan K. Karr, City Clerk ppd2dnnVWMbW112d.dw