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HomeMy WebLinkAbout1998 Board of Adjustment DecisionsFILED NO. 1012 /,80 FEE 96 JAN -6 PM 1;30 Prepared by Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191W�158OUNTY RECOROEr 1071A CITY. IOWA La co DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 10, 1997 - 4:30 P.M. –CA - CIVIC CENTER COUNCIL CHAMBERS l _iC :` 5 MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran — MEMBERS ABSENT: Patricia Eckhardt, William Haigh STAFF PRESENT: Sarah Holecek, Robert Miklo, Ron Boose, Traci Howard OTHERS PRESENT: Roger G. Larson SPECIAL EXCEPTION ITEM: EXC96-0030. Public hearing on an application submitted by Roger G. Larson for special exceptions to reduce the front yard requirement along Clinton Street, and to modify the required off-street parking for property located in the Intensive Commercial (CI -1) zone at 802 S. Clinton Street. Findings of Fact: The Board finds that the requested special exceptions will make a nonconforming situation more nonconforming, and this is contrary to the intent of the Zoning Chapter to eliminate nonconforming situations over time. Both plans presented by the applicant involve substantial structural encroachments into the required front yard setback area along Clinton Street, and would result in further encroachment into the Clinton Street right-of-way. The requested parking reduction is substantial and the applicant has not documented that the proposed uses on the property warrant a parking reduction. This creates concern about the potential for parking spillover if expanded use of the property is permitted. The Board finds that the parking design is not practical, because the exit point for the proposed one-way drive is across railroad property with no direct outlet to a city street, and is tenuous at best, because the railroad can rescind the right to cross its property with a 30 -day notice. The multiple plans and verbal and written revisions of the plans, as presented by the applicant, create an unclear set of facts on which the Board is being asked to base its decision. The proposal to construct new buildings over existing dilapidated and deteriorating buildings would create safety hazards, as cited by the Housing and Inspection Services Department and the Fire Department. The Board finds that the proposal would result in an aesthetically unappealing property, that would be a detriment to neighboring properties in a commercial area of the community that is being redeveloped and upgraded. Finally, the Board finds that the applicant has feasible alternatives to develop the property in compliance with city codes. Buu82401 PACE 35 R ,_ - 9 Conclusions of Law: The Board concludes that the applicant's proposal to reduce the front yard along Clinton Street has failed to meet the specific standards for granting exceptions to established setbacks, as specified in City Code subsection 14 -6Q -4B. The Board concludes that the applicant has failed to demonstrate that a reduction in parking is warranted in that the criteria set forth for modifying parking regulations in City Code subsection 14 -6N -1H have not been met. The Board further concludes that the requested special exceptions will not further the public interest, or meet the general standards for granting special exceptions, as set forth in City Code subsection 14-413-413. Disposition: By a vote of 0-3 on an affirmative motion, the Board denied EXC96-0030, a request for two special exceptions to reduce the required front yard along Clinton Street and to reduce the required off-street parking for property located in the CI -1 zone at 802 S. Clinton Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. City Code subsection 14-413-5E, City of Iowa City, Iowa. i Susan Bender, Acting Chairperson STATE OF IOWA JOHNSON COUNTY 137- 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 10' day of December, 1997, as the same appears of record in my office. kh 8 Dated at Iowa City, Iowa, this S day of 1997. Manan K. Karr, City Clerk Co ppdadmin\decision\12-10.doc OCn r_ CD::; — BEI 2401 PACE 35 FEE 3 jc)o Prepared by: Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA; 319/356-5251 DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 14, 1998 CIVIC CENTER COUNCIL CHAMBERS 1114546 MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Kate Corcoran, William Haigh FILED NO.--_ ._ MEMBERS ABSENT: None 99 FEB -3 AM 9: 27 STAFF PRESENT: Sarah Holecek, Melody Rockwell, Traci Howard .i3OP! CCUklTY RECORCEit IOY.'A C1TY.10WA OTHERS PRESENT: Jong Koo Lee, Ralph Neuzil, Jeff Clark, Osha Davidson, Kevin Hochstedler 6'ilXyll�-l:Ly�l1[i7��1�q�L�� 1. EXC95-0022. Public hearing on an application submitted by All Nations Baptist Church for a two-year extension of an October 11, 1995, Board of Adjustment decision allowing use of a temporary structure on property located in the Low Density, Single -Family Residential (RS - 5) zone at 1715 Mormon Trek Boulevard. Findings of Fact: Although the Board is somewhat reluctant to approve an extension for the use of the temporary structure, it finds that the requested two-year extension will be acceptable due to 1) the location of the temporary structure on the large site at an ample distance from neighboring residential properties, 2) the understanding that nonprofit fundraising for the permanent addition is not necessarily a predictable matter, and 3) the conditions the Board has placed on the approval of the extension, specifically, permitting the temporary structure to remain on the property for no more than two more years and requiring that the modular building be painted to be compatible with the principle structure. The Board finds that there have been no objections to the modular building voiced by neighboring property owners, but notes that with new residential development occurring north of the site, it is imperative for the applicant to meet the conditions of approval. Conclusions of Law: The Board concludes that with the conditions of approval, the applicant will continue to meet the general standards for the extension of the special exception granted in 1995, as set forth in City Code subsection 14-4134B, and has shown good cause for extending the expiration date of the decision, as set forth in City Code subsection 14-413-5E. 69. DygK P5,)56 Board of Adjustment Decisions January 14, 1998 Page 2 Disposition: By a vote of 3-2 (with Lowell Brandt and William Haigh voting no), the Board approved an extension of EXC95-0022, to allow the use of a 15 -foot by 76 -foot modular building attached on the northwest side of the existing All Nations Baptist Church for two more years to March 1, 2000, on property located in the RS -5 zone at 1715 Mormon Trek Boulevard, subject to the following conditions: a) the applicant's understanding that no more extensions for use of the temporary building will be allowed by the Board of Adjustment, b) the modular building will be removed from the site by no later than March 1, 2000, and c) the applicant will paint the exterior of the temporary structure a color that matches the principal church structure and will correct outstanding Code violations by May 15, 1998. 2. EXC97-0022. Public hearing on a request submitted by Moose Lodge #1096 to amend an October 8, 1997, Board of Adjustment decision to permit a side yard reduction, to revise the condition requiring the phased installation of parking and to correct the address for property located in the Medium Density Multi -Family Residential (RM -20) zone at 3151 Highway 6 East. Findings of Fact: The Board finds that it supports the proposed amendments to its original decision in their entirety. The proposed amendments will not increase the density in the area or pose a public health or safety issue. The total amount of parking to be installed has been reduced from 154 to 146 parking spaces, and the applicant has demonstrated that a minimum of 130 parking spaces will be needed at the outset for the types of events that the Moose Lodge hosts. It makes sense to construct the parking area all at one time, instead of phasing it in over time. The Board finds that the requested yard modification will be minimal in nature and effect. The parking will be installed prior to development occurring on adjoining properties, and there will be a sufficient buffer, a 20 -foot setback and evergreen screening, between the parking area and the side lot lines. The Board finds that strict compliance with the side yard regulations may result in inadequate parking being provided for the Moose Lodge, and finds that providing enough parking for Moose Lodge events outweighs meeting the relatively excessive 30 -foot parking area setback requirements in this case. The Board finds that the address amendment is a technical change needed to tie the newly -assigned address for the Moose Lodge property to the October 8, 1997, decision. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for granting a yard modification, as set forth in City Code subsection 14-4Q- 46, and for addressing the parking demand for the proposed club, as specified in City Code subsection 14-61\1-1.15.b. The amendment process provides an opportunity to assign the correct address for the Moose Club property to the Board's October 8, 1997, decision regarding this case. The Board further concludes that the amendments meet the general standards for granting special exceptions, as set forth in City Code subsection 14 -4B -4B. Disposition: By a vote of 5-0, the Board approved an amendment of the October 8, 1997, decision concerning EXC97-0022, as follows: a) That condition b. of the October 8, 1997, decision for EXC97-0022 be deleted in its entirety and replaced with a new condition b. as follows: b. The applicant will be permitted to install up to 146 parking spaces on the site. The 146 parking spaces do not need to be phased in over time, but may all be installed during the initial construction of the required parking area. BGVUSPACE 157 Board of Adjustment Decisions January 14, 1998 Page 3 b) That a side yard modification be approved to allow the parking area to be located within the 30 -foot wide side yard setback area that is parallel to the building, but in no case shall the parking area be located closer than 20 feet to the side lot lines. c) That the address for EXC97-0022, a five acre property located south of Highway 6 and east of Heinz Road, be corrected to read as follows: 3151 Highway 6 East. 3. EXC97-0026. Public hearing on an application submitted by Jeff Clark, Uptown Properties, for a special exception to permit parking to be located on a separate lot at 518 S. Van Buren Street for a residential use on property located at 521 S. Johnson Street in the High Density, Multi -Family Residential (RM -44) zone. Findings of Fact: The Board finds that there are serious parking problems in this area of the city, and the applicant will provide four parking spaces when only one parking space is required for the additional bedroom at 521 S. Johnson Street. Granting the requested exception will result in a minimal improvement in the parking situation, particularly for the occupants of the duplex at 518 S. Van Buren Street, where no on-site parking spaces are currently provided. The Board finds that the special exception approval will not result in any actual increase in density; adding a fifth bedroom to an apartment in a RM -44 zone where up to five people may reside in each apartment, and where according to the applicant's statement, the apartment is currently occupied by five residents, will in all probability not result in more residents within the apartment house at 521 S. Johnson Street. Conclusions of Law: The Board concludes that with the submittal by the applicant and approval by the City Attorney's office of a perpetual, shared parking agreement, the applicant will meet the specific requirements for locating parking on a separate lot, as set forth in City Code subsection 14-6NAC, and the general requirements for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: By a vote of 3-1 (with Lowell Brandt voting no) -1 (with T.J. Brandt abstaining due to a potential conflict of interest), the Board approved EXC97-0026, a special exception to permit one off-site parking space, which is required for an additional bedroom for property located in the RM -44 zone at 521 S. Johnson Street, to be provided on property located at 518 S. Van Buren Street, subject to the applicant submitting a shared, perpetual parking agreement to be reviewed and approved by the City Attorney's Office prior to the issuance of a building permit for the additional bedroom. 4. EXC97-0027. Public hearing on an application submitted by Jeff Clark, on behalf of property owners James Clark and Loretta Clark, for a special exception to permit parking to be located on a separate lot at 922 E. Washington Street for a residential use on property located at 924 E. Washington Street in the Neighborhood Conservation Residential (RNC - 20) zone and the Low Density, Multi -Family Residential (RM -12) zone. Findings of Fact: The Board finds that with the conditions of approval, the proposed off-site parking for the four additional bedrooms will result in a better parking situation for the three effected properties: 922 E. Washington Street, 924 E. Washington Street and 932 Iowa Avenue. Two more parking spaces will be provided than are required. Due to the change in topography, the location of the rooming house and the required evergreen screening between Washington Street and the area proposed for the parking and garages, the parking area will not be readily visible from Washington Street. The evergreen screening will provide an ameliorating buffer between the garages/parked vehicles and the single-family wK2415PACE 158 s Board of Adjustment Decisions January 14, 1998 Page 4 residential use on the property to the west. The widening of the shared access drive to the properly to the north will make the parking area more functional for all three properties. To meet the standard for pedestrian safety, the Board finds that security lighting should be installed to illuminate the 922 E. Washington Street parking area at night. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for establishing parking on a separate lot, as set forth in City Code subsection 14 -6N -1C, and the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: By a vote of 4-0-1(with T.J. Brandt abstaining due to a potential conflict of interest), the Board approved EXC97-0027, a special exception to permit four off-site parking spaces, which are required for four additional bedrooms within an eight-plex for property located in the RNC-20/RM-12 zone at 924 E. Washington Street, to be provided on property located at 922 E. Washington Street, subject to the following conditions: a) a written agreement or affidavit between the owners of the 922 E. Washington Street and 924 E. Washington Street properties to assure the retention of the four parking spaces in perpetuity on the 922 E. Washington Street property for use by the tenants residing at 924 E. Washington Street, being submitted by the applicant for review and approval by the City Attorney's office prior to issuance of a building permit for the four additional bedrooms at 924 E. Washington Street. b) a perpetual, shared access agreement for the drive that is used for vehicular access to the parking areas on three properties; with said agreement being entered into by the owners of the 922 E. Washington Street , 924 E. Washington Street and 932 Iowa Avenue properties and with the City of Iowa City as a party to the agreement, being submitted by the applicant for review and approval by the City Attorney's office prior to the issuance of a building permit for the four additional bedrooms at 924 E. Washington Street. c) the applicant installing downcast, security lighting for the newly -paved parking area at 922 E. Washington Street. d) the applicant tapering the most northeasterly parking space shown on the site plan for 922 E. Washington Street property and converting it into a parking area island to assure a sufficiently wide access drive for the parking on the property to the north at 932 Iowa Avenue, and e) the applicant planting and maintaining evergreen screening of the parking area on the 922 E. Washington Street property to provide a softening buffer between the garages/parked vehicles and the single-family residential use to the west. At a minimum, the evergreen screening should be installed immediately south of the four proposed garages and extend continuously from the west lot line east to the existing garage on the property, and west of and along the 22 -foot length of the most westerly proposed garage. 5. EXC97-0028. Public hearing on an application submitted by Frantz Construction Co., on behalf of property owner East Hill Development, Ltd., for a special exception to permit a front yard modification for property located in the Medium Density, Single -Family Residential (RS -8) zone at 2300 Catskill Court. Findings of Fact: The Board finds that the residence was located incorrectly on the lot due to an unintentional error on the part of the applicant and the City building inspection staff. mK 2415 PAn 159 Board of Adjustment Decisions January 14, 1998 Page 5 The Board finds that there may be benefits in the house being located closer to the street on the north and further away from the drainage swale on the south part of the lot. The residence in its current location does not encroach into the sight triangle at the Catskill Court intersection, and does not pose a public health or safety problem. The actual encroachment into the required front yard is just over 7%. The effects of the requested yard reduction on surrounding properties in terms of visual impact are minimal. There is only a slight narrowing of the visual entrance to the neighborhood. The Board finds that requiring the residence to be relocated in compliance with the dimensional requirements of the Zoning Chapter is not justified given the circumstances of the case; the benefits in allowing the structure to remain as it was constructed outweigh the costs of moving the house away from the street and toward the drainage swale. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for allowing an exception to an established setback, as set forth in City Code subsection 14 -6Q -4B, and the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: By a vote of 4-0-1 (with T.J. Brandt abstaining due to a potential conflict of interest), the Board approved EXC97-0028, a special exception to modify the front yard requirements to allow a seven -foot encroachment into the front yard along Catskill Court at the north end of the property for a length of 10 feet, and to allow a five-foot encroachment for a length of 31 feet to permit an existing residence to remain in its current location on property located within the Medium Density Single -Family Residential (RS -8) zone at 2300 Catskill 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 subsection 14-413-5E, City of Iowa Cityy,, IIo�wa. !1 Am 944 William Haigh, Chairperson City A rney's O is /-z z -pg 86682415pmr 160 Board of Adjustment Decisions January 14, 1998 Page 6 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 14th day of January, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this Af day of , 1998. ppdadm1n\decision\01-14boa.doc ManbftK. Karr, City Clerk WK2415P,w 15i Prepared by Scott Kugler/John Yapp, Assoc. Planners, 410 E. Washington, Iowa City, IA 52240; 319/356-5243/356-5247 DECISIONS co m IOWA CITY BOARD OF ADJUSTMENT �, WEDNESDAY, MARCH 11, 1998-4:30 P.M. v=_. CIVIC CENTER COUNCIL CHAMBERS uU w I �� MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, William Haim `/ //1� 02005 020054 `3 MEMBERS ABSENT: Kate Corcoran j9 QYfi PH `, 7 STAFF PRESENT: Sarah Holecek, Scott Kugler, John Yapp, Traci Howagofit{9'Jfi OTHERS PRESENT: Tim Krumm, Bill Cloven, Greg Apel, Dan Yaeger, Robert H. Wolf, Craig Albrecht, Russell Rhinehart, Jim Sauter, Doug Paul, C. W. Phillips, Brian O'Harra, Nancy Greaze!, Carl Davis, Jim Greazel, Linda Redman, Philip S. Prybil, Harry Eicher, Arleigh Clemons SPECIAL EXCEPTION ITEMS: EXC98-0002. Public hearing on an application submitted by Taco Bell c/o John Sapp, on behalf of property leaseholders Gerry Ambrose and Greg Apel, for a special exception to permit an auto and truck -oriented use, a drive-through window for a Taco Bell restaurant, for property located in the Community Commercial (CC -2) zone at 1101 S. Riverside Drive. Findings of Fact. The Board finds that the drive-thru lane and window proposed for the fast food restaurant are appropriate for the site at 1101 S. Riverside Drive. The drive-through lane and window will not interfere with adjacent pedestrian and vehicular use areas, as they are separated by a landscaped median. There is an adequate vehicle storage area to accommodate the anticipated queue of vehicles using the drive-thru lane given the service timing standards for a fast food franchise, such as Taco Bell. The Board finds that the special exception should be conditioned upon the site being occupied by a national franchise fast-food restaurant, as other uses using the drive-through may have different service timing standards and vehicle queuing requirements that could result in traffic being blocked on the nearby frontage road and highway. The proposed fast-food restaurant with a drive-thru lane is compatible with other commercial uses in the Community Commercial (CC -2) Zone, and will not have an adverse effect on residential areas. Conclusions of Law. The Board concludes that the applicant meets the specific requirements for establishing an auto and truck oriented use in the Community Commercial Zone, as set forth in City Code subsection 14-6E-5, and the general requirements for granting a special exception, as set forth in City Code subsection 14-413-413. As provided in City Code section 14-46-4C, the Board concludes that the condition requiring that the site be occupied by a national fast-food restaurant will ensure that the Board will have the opportunity to review any alternative use that may have a change in vehicle queuing requirements, and address safety concerns if it is determined that such a change in queuing would interfere with traffic on the adjacent frontage road or highway. Disposition. By a vote of 4-0, the Board approved EXC98-0002, a special exception to permit an auto and truck oriented use, specifically a drive-thru lane and window, to be established on property located within the CC -2 zone at 1101 S. Riverside Drive, subject to the drive-thru lane and window being used by a national franchise fast-food restaurant. BOOK2460PRE 49 a o m Iowa City Board of Adjustment Decisions _'IfEC- Aa March 11, 1998 �'` 'Page 2 �C ca C) 2. EXC98-0004. Public hearing on an application submitted by Enterp 12ewa-6 Company - Midwest, on behalf of property leaseholders Gerry Ambrose and Greg Oel, for an auto and truck-oriented use, an auto rental agency, for property located in the Community Commercial (CC-2) zone at 1101 S. Riverside Drive. Findings of Fact. The Board finds that the proposed auto and truck oriented use, specifically a car rental agency, is an appropriate use for this property in the Community Commercial Zone at 1101 S. Riverside Drive. Concerns about the site accommodating on-site storage of a large rental vehicle fleet are addressed, because there are 544 spaces on the site. This provides enough parking spaces to accommodate the proposed use and other on-site businesses, and still meet the City Code parking requirements. Through evidence presented by the Applicant regarding past rental rates, the Board additionally finds that most of the car rental agency's vehicle fleet will be in rental status at any one time, and that the parking lot will not need to be used by the majority of the rental fleet under typical circumstances. Given that the Gateway One Plaza development is controlled by a single entity, the Board feels that the storage of rental car vehicles on the site will be largely self -policing, and thus, will not negatively impact adjacent commercial businesses. Conclusions of Law. The Board concludes that the applicant meets the specific requirements for establishing an auto and truck oriented use in the Community Commercial Zone, as set forth in City Code subsection 14-6E-5, and the general requirements for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition. By a vote of 3-0-1 (with Susan Bender abstaining due to a potential conflict of interest), the Board approved EXC98-0004, a special exception to permit an auto and truck oriented use, that is, a car rental agency in the CC -2 zone for property located at 1101 S. Riverside Drive. 3. EXC98-0005. Public hearing on an application submitted by Croell Redi-Mix, Inc., on behalf of property owner Ed Cole, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (1-1) zone at 3310 Old Highway 218 S. Findings of Fact. The Board finds that the proposed cementitious concrete batch/mix plant is appropriate for this location within the City, provided that adequate measures are taken to address the appearance of the property from Old Highway 218 S., an entryway into the City. The proposed use is consistent with other uses in the area , the property is zoned for industrial uses, and the proposed use is well-suited to the property given its current condition and limitations. The requirement for a landscaping plan will help to ensure an attractive appearance for the property as seen from Old Highway 218 S. The configuration of the site, with the office building located at the front of the property and the outdoor storage areas and loading docks located to the rear of the office, will also help to provide for a more attractive appearance from the public street. The Board finds that the establishment of a temporary batch/mix plant on the site is acceptable provided that this use terminates within a reasonable amount of time and a permanent facility is established at this location. Conclusions of Law. The Board concludes that with the provision of additional landscaping above what would typically be required by the Zoning Chapter, and with a limitation on the length of time the temporary facility is permitted to operate on the property, the applicant has met the general standards for granting a special exception as set forth in City Code section 14-413-41B. As provided in City Code section 14 -4B -4C, the Board concludes that conditions B60 MOPACE 50 Iowa City Board of Adjustment Decisions March 11, 1998 Page 3 regarding the need for approval of a landscaping plan by the City Forester and requiring the termination and removal of the proposed temporary batch/mix plant by December 31, 1998, are justified and required to fulfill the intent of the Zoning Chapter. Disposition. By a vote of 4-0, the Board approved EXC98-0005, a special exception to permit a cementitious concrete batch/mix plant on property located within the 1-1 zone at 3310 Old Highway 218 S., subject to 1) the approval of a landscaping plan by the City Forester, including a 35 -foot landscape area between the west property line and the proposed service road; 2) the expansion of the proposed landscaped areas at the northwest and southwest corners of the site in general conformance with the site plan submitted by the applicant on March 11, 1998; and 3) that the temporary office and plant shown on the site plan be removed from the site on or before December 31, 1998. 4. EXC98-0006. Public hearing on an application submitted by Hawkeye Ready Mix, Inc., on behalf of property owner A.F. Streb, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (1-1) zone on the north side of 420th Street, approximately 1/< mile west of Highway 6 (Lot #36, Scott -Six Industrial Park). Findings of Fact. The Board finds that the proposed cementitious concrete batch/mix plant is not an appropriate use on the specific site selected within this particular industrial park setting. Establishing this use as the first use within the industrial park would set an undesirable precedent for other similar uses to follow, and as a result of its negative impacts, will discourage other types of industrial uses to locate within the industrial park. The proposed batch/mix plant will have a negative impact on surrounding agricultural properties. The Board finds that the potential for noise and air pollution to impact nearby residential and agricultural properties is not acceptable. The existing infrastructure, primarily 420th Street, is not adequate for the high level of truck traffic that would be generated by the proposed use, and the street is not scheduled for an upgrade in the near future to mitigate the negative impacts of such traffic. Conclusions of Law. The Board concludes that the applicant has not met the general standards for granting a special exception as set forth in City Code section 14-46-46. The Board concludes that the proposed use would have negative impacts on surrounding properties, would impede the orderly development of the Scott -Six Industrial Park and adjacent properties, and that the existing infrastructure is not adequate to accommodate the proposed use. Disposition. By a vote of 0-4 on an affirmative motion, the Board special exception to permit a cementitious concrete batch/mix plan property located within the 1-1 zone at the northeast corner Independence Road (the south 300 feet of Lot 36, Scott -Six Industria BOEB2460PACE 51 denied EXC98-0006, a t to be established on of 420th Street and I Park). o CO1-0 � t cx -o -- w 7- -c -o m D N Iowa City Board of Adjustment Decisions March 11, 1998 Page 4 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 subsection 14-413-5E, City of Iowa City, Iowa. „ xi �M � - William Haigh, Chairp rson City Attorn Y's O i 4-3% 313 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 11th day of March, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this day of 1998. BOOK 2460pACE 52 co Marlan K. Karr, City Clerk 'n S� RP RA.E SE„L ppdadmirddsioNO3-11 boa.dm CORPORATE w= � y+C^S Yi � O� � W y N r BOOK 2460pACE 52 FEE Prepared by Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA; 319/356-5251 DECISION IOWA CITY BOARD OF ADJUSTMENT 021829 WEDNESDAY, APRIL 8, 1998 - 4:30 P.M. 7 CIVIC CENTER COUNCIL CHAMBERS �1, GK P,1i:E_ S40 MEMBERS PRESENT: Susan Bender, T. J. Brandt, William Haigh 1998 AN 28 PH 2:19 MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT: VARIANCE ITEM: Lowell Brandt, Kate Corcoran Dennis Mitchell, Melody Rockwell, Traci Howard 10VtA CI -i Y, 10' A John Phipps, Dave V. Hodge, Sergio Espinosa, Ed Fitzpatrick, Bruce W. Fischer VAR97-0004. Public hearing on a request from John and Diana Phipps for an extension of a September 10, 1997, Board decision granting a variance to exceed the maximum density permitted for a rooming house in the Neighborhood Conservation Residential (RNC -20) zone for property located at 932 E. College Street. Findings of Fact: The Board finds that the applicants faced unforeseeable delays concerning the sale of the property and making financial arrangements for the purchase and renovation of the fraternity house. In the interest of justice and in the interest of moving a worthwhile housing project along, the Board finds that it is reasonable to grant a six month extension of the Board' s decision. Conclusions of Law: The Board concludes that having the conditions of approval of the September 10, 1997, decision continue in force helps ensure that the applicants continue to meet the general standards for granting a variance, as set forth in City Code subsection 14-413-4C. The Board further concludes that the applicants have shown good cause for extending the expiration date of the decision, consistent with City Code subsection 14-413- 5E. Disposition: By a vote of 3-0, the Board approved the extension to October 8, 1998, of the September 10, 1997, Board decision approving VAR97-0004, a variance permitting the maximum density for a rooming house in the RNC -20 zone at 932 E. College Street to be exceeded, as approved with conditions on September 10, 1997, 000256 %D CD Co a D ;-;vu �- w ;<F a M. 3 C:) ;Z, co 7 L CJt J Prepared by Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA; 319/356-5251 DECISION IOWA CITY BOARD OF ADJUSTMENT 021829 WEDNESDAY, APRIL 8, 1998 - 4:30 P.M. 7 CIVIC CENTER COUNCIL CHAMBERS �1, GK P,1i:E_ S40 MEMBERS PRESENT: Susan Bender, T. J. Brandt, William Haigh 1998 AN 28 PH 2:19 MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT: VARIANCE ITEM: Lowell Brandt, Kate Corcoran Dennis Mitchell, Melody Rockwell, Traci Howard 10VtA CI -i Y, 10' A John Phipps, Dave V. Hodge, Sergio Espinosa, Ed Fitzpatrick, Bruce W. Fischer VAR97-0004. Public hearing on a request from John and Diana Phipps for an extension of a September 10, 1997, Board decision granting a variance to exceed the maximum density permitted for a rooming house in the Neighborhood Conservation Residential (RNC -20) zone for property located at 932 E. College Street. Findings of Fact: The Board finds that the applicants faced unforeseeable delays concerning the sale of the property and making financial arrangements for the purchase and renovation of the fraternity house. In the interest of justice and in the interest of moving a worthwhile housing project along, the Board finds that it is reasonable to grant a six month extension of the Board' s decision. Conclusions of Law: The Board concludes that having the conditions of approval of the September 10, 1997, decision continue in force helps ensure that the applicants continue to meet the general standards for granting a variance, as set forth in City Code subsection 14-413-4C. The Board further concludes that the applicants have shown good cause for extending the expiration date of the decision, consistent with City Code subsection 14-413- 5E. Disposition: By a vote of 3-0, the Board approved the extension to October 8, 1998, of the September 10, 1997, Board decision approving VAR97-0004, a variance permitting the maximum density for a rooming house in the RNC -20 zone at 932 E. College Street to be exceeded, as approved with conditions on September 10, 1997, 000256 r� } Iowa City Board of Adjustment Decisions April 8, 1998 Page 2 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 subsection 14 -4B -5E, City of Iowa City, Iowa. William Haigh, Chai erson STATE OF IOWA 1 1 JOHNSON COUNTY 1 City Attorney' s Office 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 8`b day of April, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this 43 day of 1998. IV ppdadmin\derision\4-8boa.dm Manan K. Karr, City Clerk CORPORAT '*SEAL 000257 Cn FEE 00 a�- VAR98-0001. Public hearing on an application submitted by Blackhawk Partners, on behalf of Office Depot, for a variance to the sign regulations for property located in the Community Commercial (CC -2) zone at 425/445 Highway 6 East. Findings of Fact: The Board finds that the applicant has other signage alternatives available, such as facia, canopy, awning and window signs, and room for additional signage on the existing two freestanding signs on the property, to provide advertising for businesses occupying the site. Because the additional signage options are available, the Board finds that reasonable use of and reasonable return on the property are not prevented by the ordinance requirements that limit the number of free-standing signs on a tract of land. The Board finds that there is nothing particularly unique about the property or situation; there are other large tracts of land in similar circumstances in the CC -2 zoned commercial corridor along Highway 6 and 1 that comply with the same or more limited free-standing sign regulations. The applicant has not demonstrated that there is any greater burden placed on the property due to the sign regulations than is placed on other properties in like circumstances. The Board finds that the zoning standards are clear in terms of the signage allowed, and these regulations have been in place for many years. The arrangement of shared parking and drives on the tract of land occurred with the applicant's knowledge while owner of the property, so the situation appears to be one of the landowner's own making. The Board further finds that it is in the public interest to limit signs on entranceway streets in Iowa City and is consistent with the Comprehensive Plan to do so. Conclusions of Law: The Board concludes that City Code subsection 14 -4B -4C requires that all three tests of hardship must be met and the public interest must not be contravened in order for a variance to be granted. The Board concludes that the applicant has failed to demonstrate that there could be no reasonable return for the property without the additional freestanding sign, that the applicant's circumstances are unique, that the standards were arbitrarily imposed on the property, that the problem is other than the 000262 _ u, m Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3$ -P?51 n DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING ° WEDNESDAY, MAY 13, 1998 - 5:00 PM ZZ CIVIC CENTER COUNCIL CHAMBERS w - MEMBERS PRESENT: Susan Bender (arrived 5:07 p.m.), Lowell Haigh Brandt, Kate CdRor t" %2469 7 William 9L f�iLYSGe_?,CE..a2( MEMBERS ABSENT: T. J. Brandt 1998MAY 29 PH 2:56 STAFF PRESENT: Sarah Holecek, Melody Rockwell, Lisa Randolph JOHNSON &jb .; `' i;ECO LEp IOWA CITY, 10".1A OTHERS PRESENT: Jeff Edberg, John R. Rummelhart, Jr., David L. Brost, Cordell Jeppsen, Karen Artus, Mike Speer, Kirsten Frey, Dennis Boelk VAR98-0001. Public hearing on an application submitted by Blackhawk Partners, on behalf of Office Depot, for a variance to the sign regulations for property located in the Community Commercial (CC -2) zone at 425/445 Highway 6 East. Findings of Fact: The Board finds that the applicant has other signage alternatives available, such as facia, canopy, awning and window signs, and room for additional signage on the existing two freestanding signs on the property, to provide advertising for businesses occupying the site. Because the additional signage options are available, the Board finds that reasonable use of and reasonable return on the property are not prevented by the ordinance requirements that limit the number of free-standing signs on a tract of land. The Board finds that there is nothing particularly unique about the property or situation; there are other large tracts of land in similar circumstances in the CC -2 zoned commercial corridor along Highway 6 and 1 that comply with the same or more limited free-standing sign regulations. The applicant has not demonstrated that there is any greater burden placed on the property due to the sign regulations than is placed on other properties in like circumstances. The Board finds that the zoning standards are clear in terms of the signage allowed, and these regulations have been in place for many years. The arrangement of shared parking and drives on the tract of land occurred with the applicant's knowledge while owner of the property, so the situation appears to be one of the landowner's own making. The Board further finds that it is in the public interest to limit signs on entranceway streets in Iowa City and is consistent with the Comprehensive Plan to do so. Conclusions of Law: The Board concludes that City Code subsection 14 -4B -4C requires that all three tests of hardship must be met and the public interest must not be contravened in order for a variance to be granted. The Board concludes that the applicant has failed to demonstrate that there could be no reasonable return for the property without the additional freestanding sign, that the applicant's circumstances are unique, that the standards were arbitrarily imposed on the property, that the problem is other than the 000262 2 landowner's own making, or that the public interest would be served by granting the variance. Disposition: By a vote of 0-4 on an affirmative motion, the Board denied VAR98-OOQQT, a variance to allow a third freestanding sign for property located in the CC -2 z�.Ope atc425- 445 Highway 6 East. SPECIAL EXCEPTION ITEMS: �O i 1. EXC98-0003. Public hearing on an application submitted by the Church oEJesus-Christ-! of Latter Day Saints for a special exception to permit an expansion of -a rAgious-' institution for property located in the Low Density Single -Family Residential (RS-Czone at 2730 Bradford Drive. Findings of Fact: The Board finds that the building expansion is minimal; it will be well - integrated with the existing church building, and appropriate in scale within a residential neighborhood. The revised plan submitted by the applicant with the additional screening and reconfiguration of the green space between the parking area and the residential properties will serve as a softening buffer of the religious institution expansion. The relocation of the access drives (closure of one on Baker Street and opening of one on Bradford Drivel improves the traffic situation associated with the parking area, in that it directs traffic away from a local residential street (Baker Street) and is likely to improve traffic safety. The Board finds that the applicant intends that any future expansions of the church will not be implemented at this site, but will occur with construction or renovation of a building and installation of parking for a new ward at another property. Spillover parking that occurs prior to the off-site expansion can readily be accommodated at the nearby Mercer Park parking lot. Conclusions of Law: The Board concludes that the applicant meets the specific requirements for a religious institution in the RS -5 zone, as set forth in City Code subsection 14-6L-10, and meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: By a vote of 4-0, the Board approved EXC93-0003, a special exception to expand a religious institution by constructing two additions of approximately 30 feet by 35 feet and 48 feet by 35 feet on the east side of the existing church structure and to expand the parking area to accommodate up to 146 parking spaces for property located in the RS -5 zone at 2730 Bradford Drive, subject to the applicant implementing the building and parking area expansions consistent with the site plan date-stamped April 23, 1998, with particular attention to installing the landscaping and the access drives as shown on the referenced site plan, and with the understanding that the decision of the Board will be extended to one full year from the date of approval to May 13, 1999. 2. EXC98-0007. Public hearing on an application submitted by Karen Artus for a special exception to allow the construction of a single family home on a nonconforming lot of record for property located in the Low Density Single -Family Residential (RS -5) zone at 1923 Morningside Drive. Findings of Fact: The Board finds that the requested exception will not impinge in a negative way on the use and enjoyment of the surrounding residential neighborhood, but will have a positive impact on the property values in the area and add to the tax base of the city. The proposed single-family dwelling will be similar in size to other residences in the neighborhood. The condition requiring review by city staff of the single-family dwelling plans will help ensure appropriate and compatible infill 0002G3 3 development in an older Iowa City neighborhood. The access drive should be from High Street to avoid conflicts with the vehicular traffic generated by City High School on Morningside Drive. The Board finds that to meet the conditions of approval to split the property through sale of one or both lots to different property owners and/or building a new residence is a fairly complicated undertaking that may not be accomplished in six months time. The Board finds that it is reasonable to extend its usual six-month time limit to one year. Conclusions of Law: The Board concludes that the applicant's proposal to allow a single-family dwelling on a nonconforming lot of record meets the specific criterion for appropriate, compatible development with surrounding residential development, as set forth in City Code subsection 14-6T-5, Regulation of Nonconforming Lots. The Board further concludes that the application meets the general standards 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 EXC98-0007, a special exception to allow the construction of a single-family dwelling on a nonconforming lot of record, 1923 Morningside Drive, for property located in the RS -5 zone at 1921 and 1923 Morningside Drive with the following conditions attached to the approval: 1) the City Council approving proposed amendments to City Code Section 14 -6T -5D, 2) the use of the subject lot of record at 1923 Morningside Drive being limited to the construction of one single-family dwelling and accessory buildings, 3) the single-family dwelling plans being subject to review and approval by the Director of Planning and Community Development to ensure development that is appropriate and compatible with the surrounding neighborhood, and 4) some action being taken to establish the lot of record at 1923 Morningside Drive as a separate parcel from the adjoining property at 1921 Morningside Drive, through the sale of one or both of the lots to separate partipA or by obtaining a building permit to construct a single-family dwelling at 1933 MorMbgside Drive within twelve months from the date the Board's decision is file$'with fide Ofty Clerk. n CO 3. EXC98-0008. Public hearing on an application submitted by S & J Developmem forAa special exception to permit a club to be established in a Rural Residenlff$t (RR�A) zone for an approximate 2.5 acre property located at the end of Phoenix Drive 4, tendzd. u, Findings of Fact: The Board finds that installing a recreational facility with limited membership in a developing residential neighborhood is an attractive concept. Because the recreational facility will be built early in the development of the subdivision, prospective residents will know that it is there, and can make their location choice for a residential lot with that knowledge. Through the platting process for Phase I of the proposed subdivision, which includes the recreational facility, and with the condition of city staff review of the parking layout, screening, lighting and access, the recreational facility with a pool is likely to be an amenity for a new residential neighborhood. Conclusions of Law: The Board concludes that subject to the conditions of approval, the establishment of the proposed recreational facility in an initial phase of developing a residential neighborhood will meet the specific regulations for establishing a club in the RR -1 zone, as set forth in City Code subsection 14-6L-1 E, and the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: The Board, by a vote of 4-0, approved EXC98-0008, a special exception to permit a club on approximately 2.5 acres of property located within the RR -1 zone at the terminus of Phoenix Drive extended, with the following conditions attached to the approval: 1) the approval of preliminary and final plats for Phase I of the proposed 000264 J 4 Country Club Estates, 2) membership in the club being limited to members of the Country Club Estates homeowners association, as specified by the applicant, 3) the exact location of the facility within the RR -1 zone being identified and finalized as part of the preliminary and final plat review process for Phase I, and 4) the final design of the facility, including issues such as parking layout, screening, lighting and access being subject to review and approval by the Director of Planning and Community Development prior to the issuance of a building permit. 4. EXC98-0011. Public hearing on an application submitted by Hodge Construction for a special exception to permit a restaurant with an occupancy load greater than 100 to be established and for a special exception to permit parking in excess of 110% of the required off-street parking for property located in the Neighborhood Commercial (CN -1) zone at 200 Scott Court. Findings of Fact: The Board finds that the proposed restaurant and parking requests are similar to the application previously approved by the Board in 1996. The restaurant is proposed to have an occupancy load of 110. A restaurant with this occupancy load is likely to have only a slightly higher intensity of business than restaurants with an occupancy load of 100, which are permitted by right in the CN -1 zone, and to meet the intent of the CN -1 zone to function primarily as a neighborhood restaurant. Due to the property being located at the end of a cul-de-sac street, and the design of this patFicular CN -1 zone not providing for shared parking, the Board finds that allow i_ ,_more than 110% of the required parking is advisable to avoid spillover parking on neighboring, but separate commercial properties. The condition of approval that the sidewaN and landscaping be installed consistent with the submitted site plan will help assure that the pedestrian and buffering amenities of that plan are implemented. ' Conclusions of Law: The Board concludes that the proposed restaujant with an occupancy load of up to 110, the parking area design and amount of parking`?o be installed and the site plan design that promotes pedestrian access and buffers the restaurant use, meets the specific requirements for establishing a restaurant with an occupancy load greater than 100 in the CN -1 zone, as set forth in City Code subsection 14 -6E -2D6, and meets the requirements for establishing parking that exceeds 110% of the required parking for the site, as set forth in City Code subsection 14 -6N -1J. The Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: By a vote of 4-0, the Board approved EXC98-0011, a special exception to allow a restaurant with an occupancy level up to 110 to be established, and a special exception to modify the parking requirements to allow 35 parking spaces to be installed on property located in the CN -1 zone at 200 Scott Court, subject to the applicant installing curbing at the east end of the 35 -space parking area and seeding or sodding the landbanked area prior to a certificate of occupancy being issued for the restaurant, and that the 11 additional parking spaces shown in the landbanked parking area on the site plan may be installed only 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, and subject to the sidewalk and landscaping being installed consistent with the site plan submitted with the application and date-stamped April 16, 1998. • 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 0002GS 0 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 -4B -5E, City of Iowa City, Iowa. C*AM 464 William Haigh, Chairp rson S ---,?539r STATE OF IOWA I 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 13"' day of May, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this ,day of 1998. Maria K. Karr, City Clerk ppdadmin\deci=Mo 13boad.doc 1100266 �0 cc O N � C CC) ru OG 1100266 Ap �l9 FEE SOOKz2dZ7.i,',c__J91 1998 JUN 23 PM 2:,59 JOHNSMi COGAl Y kc�CURULR IOWA CITY, IOWA 00 o Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, lowa A V40; -n 319/356-5251 C-) - _ DECISIONS �. IOWA CITY BOARD OF ADJUSTMENT MEETING r s WEDNESDAY, JUNE 10, 1998 F "� CIVIC CENTER COUNCIL CHAMBERS y w J MEMBERS PRESENT: Susan Bender, T. J. Brandt, Kate Corcoran and William Haigh MEMBERS ABSENT: Lowell Brandt STAFF PRESENT: Sarah Holecek, Melody Rockwell, John Yapp, Wendy Larive OTHERS PRESENT: . Michael E. Hodge, Chris Stephan, Bob Michael SPECIAL EXCEPTION ITEMS: EXC98-0009. Public hearing on an application submitted by Hodge Construction Co. for a special exception to permit a reduction in required off-street parking for property located in the Planned High Density Multi -Family residential (PRM) zone at 130 Jefferson Street. Findings of Fact: The Board finds that the renovation of the courtyard will be a worthwhile project that will complement the reconstruction work on the historic Park House Hotel. Although there is a critical need for parking in this area of the community adjacent to the University campus, the Board finds there is a general public benefit in waiving the requirement for one required parking space to preserve a green space and mature trees in a densely -populated urban setting. With the condition of approval requiring an acceptable plan for restoring the courtyard and ensuring the long-term viability of the mature trees on the site, the courtyard that has historically been in place since the late 1800s can be preserved. The Board concurs with the on-site tenants and the neighboring properiy owners, who have expressed a preference for retention of the green space and mature trees instead of displacement by the paving that would be required for the parking, turnaround area and access drive for one parking space. Conclusions of Law: The Board concludes that the criteria for granting a parking reduction, as specified in City Code subsection 14 -6N -1H, are not met in that the applicant has not demonstrated that the number of parking spaces required is too restrictive for an apartment house use. However, the Board further concludes that the benefit to the public and neighboring property owners of retaining the courtyard outweighs requiring the installation of the paving needed for one parking space. The application meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-46, in that it will upgrade property values and add to the use and enjoyment of neighboring properties. Disposition: By a vote of 4-0, the Board approved EXC98-0009, a special exception to reduce the off-street parking by one parking space for property located in the PRM zone at 130 Jefferson Street, subject to the applicant implementing a landscaping plan, approved by the City, which plan shall include restoration of the courtyard to areen open space and the 0601yLIL r • Board of Adjustment June 10, 1998 Page 2 aeration of the compacted soil to facilitate the long-term viability of the mature trees on the site. 2. EXC98-0010. Public hearing on an application submitted by The Place/Commercial Real Estate for a special exception to permit an auto and truck -oriented use, a drive-through service for the Walgreen's Pharmacy, for property located in the Community Commercial (CC -2) zone northwest of the intersection of First Avenue and Muscatine Avenue. Findings of Fact: The Board finds that the design of the proposed pharmacy drive-through facility will provide stacking space for 14 vehicles, which should prove more than adequate for the proposed use. The drive-through lane is located separately from adjacent vehicular and pedestrian use areas. Pedestrian safety is well -addressed through features of the design. The landscaping, particularly the fast-growing evergreens and the solid, decorative fencing, proposed by the applicant, will soften the effect of the vehicular lights and noise associated with the drive-through facility on neighboring residential properties. Conclusions of Law: The Board concludes that the proposed auto and truck -oriented use is appropriately designed and buffered to warrant approval of the use by the Board, as provided in City Code subsection 14 -6E -5D1, and meets the general standards for granting a special exception, as specified in City Code subsection 14 -4B -4B. Disposition. By a vote of 3-0-1 with Haigh abstaining due to a potential conflict of interest, the Board approved EXC98-0010, a special exception to permit an auto and truck -oriented use, a drive-through service for a pharmacy, for property located in the CC -2 zone northwest of the intersection of First Avenue and Muscatine Avenue, subject to the drive- through facility being used only for pharmacy -related transactions, and the site plan generally conforming with the preliminary site plan and landscaping plan submitted to the Department of Planning and Community Development on May 14, 1998. 3. EXC98-0012. Public hearing on an application submitted by Regina Catholic Education Center for a special exception to permit an expansion of a religious institution by adding a modular classroom building for property located in the Low Density Single -Family Residential (RS -5) zone at 2150 Rochester Avenue. Findings of Fact: The Board finds that the proposed modular classroom building will enhance the ability of the Regina Catholic Education Center to serve its student population while having a negligible effect on surrounding residential properties and no impact on the environmentally sensitive features on the Regina campus. The modular classroom building is proposed to be located approximately 1,560 feet from the nearest lot line, and at considerable distance from the wooded areas and slopes on the site. The building will be placed to the rear of the existing school building so it will not be visible from Rochester Avenue, and will be buffered on the north by a wooded stream corridor, where the north branch of Ralston Creek runs through Hickory Hill Park. The modular building will be effectively buffered from nearby residential properties by distance, the existing school structure and the natural features on the site and in Hickory Hill Park. The structural addition will not add to traffic congestion, or create pedestrian safety concerns. The Board finds that Regina is a good community neighbor that makes its buildings available for community functions and provides an educational service for youth in the area. Conclusions of Law: The Board concludes that the application fulfills the additional dimensional and access regulations for establishing or expanding a religious institution in OOW-94 V Board of Adjustment June 10, 1998 Page 3 the RS -5 zone, as required under City Code subsection 14 -6D -2D2, and specified in City Code subsection 14-6L-10, Additional Regulations for Religious Institutions. With the condition of approval that either the City Code must be amended to permit more than one principal building per lot for religious institutions in RS and RNC -12 zones, or, alternatively, the modular structure must be integrated with the existing structure, the Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-413. Specifically, the Board notes that public safety and welfare, the use, enjoyment and development of neighboring properties, and accessibility standards have been properly addressed. Disposition. By a vote of 4-0, the Board approved EXC98-0012, a special exception to expand a religious institution, that is to construct a 35 -foot by 60 -foot modular classroom building immediately to the rear of the existing school building for property located in the RS -5 zone at 2150 Rochester Avenue, subject to conditions regarding code compliance, such that the applicant will be required to submit a Sensitive Areas Site Plan for administrative approval by City staff, and prior to a certificate of occupancy being issued by the City for the modular classroom building, either the Zoning Chapter of the City Code must be amended to permit more than one principal building per lot for religious institutions in the RS zones, or, alternatively, the applicant must integrate the modular classroom building with the existing school structure. 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 actin 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. William Haigh, Chairperson (o-I�Li� CityAtto ney's is p 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 10" day of June, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this i5' 4h day of Junes 11998. ilib Mari K. Karr, City Clerk ppdadmin\decision\6-1 oboa.doc 0OWL9.5 OTHERS PRESENT: David Full, Ellen Segar, Jeff Segar, Sue Licht, Deborah Krieg, Tom Novak, Denise Britigan, Kathy Clark, Kay Bernau, Bill Bernau, Helena Ponseti, Ignacio Ponseti, Richard Valentine, Richard Murphy SPECIAL EXCEPTION ITEMS: 1. EXC98-0013. Public hearing on an application submitted by Full Image LLC for a special exception to permit an indoor family entertainment center and a special exception to permit a reduction in required off-street parking for property located in the Community Commercial (CC -2) zone at 1101 S. Riverside Drive. Findings of Fact: The Board finds that except for outdoor basketball games, which will require a temporary use permit, the activities of the proposed commercial recreation use will be indoors so there will be virtually no nuisance impact, such as dust, glare or noise, on neighboring property owners. The proposed family entertainment center will provide a beneficial recreational service, particularly for youth and young families in the community. The Board finds that the parking requirements for a commercial recreational use are based on standard occupancy load calculations. In this case, the standard parking requirements exceed what is needed for the usage levels of some of the recreational uses, such as batting cages and a miniature golf course. The parking requirements also do not take into consideration that the majority of the clientele are likely to come in family or peer groups, and that the business is located on a bus route. The parking requirement comparisons with other cities for this type of use indicate that 120 parking spaces should provide sufficient parking for the proposed use. Conclusions of Law: The Board concludes that the proposed commercial recreational use will be a compatible addition to Gateway One Plaza, and it is appropriate to permit the use to be established in the CC -2 zone by special exception, as specified in City Code subsection 14 -6E -2D3. The Board also concludes that the requested 50 percent reduction in parking from 240 to 120 000051 1.0 co C- = ZI Db . _ N —iC- , _fr; 3 OS 0 00 b r �D Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251] 1(� n363 11;6ECr DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 15, 1998 - 5:00 PM 1998 JUL 23 PH 2: 34 CIVIC CENTER COUNCIL CHAMBERS JOHH6i7 t t,� —: '; RcCORDER MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, Kate Cof &a6t l Y. IOWA MEMBERS ABSENT: William Haigh STAFF PRESENT: Sarah Holecek, Melody Rockwell, John Yapp, Traci Wagner OTHERS PRESENT: David Full, Ellen Segar, Jeff Segar, Sue Licht, Deborah Krieg, Tom Novak, Denise Britigan, Kathy Clark, Kay Bernau, Bill Bernau, Helena Ponseti, Ignacio Ponseti, Richard Valentine, Richard Murphy SPECIAL EXCEPTION ITEMS: 1. EXC98-0013. Public hearing on an application submitted by Full Image LLC for a special exception to permit an indoor family entertainment center and a special exception to permit a reduction in required off-street parking for property located in the Community Commercial (CC -2) zone at 1101 S. Riverside Drive. Findings of Fact: The Board finds that except for outdoor basketball games, which will require a temporary use permit, the activities of the proposed commercial recreation use will be indoors so there will be virtually no nuisance impact, such as dust, glare or noise, on neighboring property owners. The proposed family entertainment center will provide a beneficial recreational service, particularly for youth and young families in the community. The Board finds that the parking requirements for a commercial recreational use are based on standard occupancy load calculations. In this case, the standard parking requirements exceed what is needed for the usage levels of some of the recreational uses, such as batting cages and a miniature golf course. The parking requirements also do not take into consideration that the majority of the clientele are likely to come in family or peer groups, and that the business is located on a bus route. The parking requirement comparisons with other cities for this type of use indicate that 120 parking spaces should provide sufficient parking for the proposed use. Conclusions of Law: The Board concludes that the proposed commercial recreational use will be a compatible addition to Gateway One Plaza, and it is appropriate to permit the use to be established in the CC -2 zone by special exception, as specified in City Code subsection 14 -6E -2D3. The Board also concludes that the requested 50 percent reduction in parking from 240 to 120 000051 parking spaces is warranted. The applicant has clearly demonstrated, as provided in City Code subsection 14-6N-1 H, that the specific use has such characteristics that the number of parking spaces required is too restrictive. The Board also concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 4-0, the Board approved EXC98-0013, a special exception to allow a commercial recreation use, a family entertainment center known as Planet X, and a special exception to reduce the off-street parking requirement by 50 percent from 240 to 120 parking spaces for property located in the CC -2 zone at 1101 S. Riverside Drive in the Gateway One Plaza, subject to a temporary use permit being required for any use of the parking lot other than for parking and vehicle circulation. 2. EXC98-0014. Public hearing on an application submitted by Jeff and Ellen Segar for a special exception to permit a reduction in the front yard and side yard setback requirements for property located in the Low Density Single -Family Residential (RS - 5) zone at 100 Oakridge Avenue. Findings of Fact: The Board finds that a 24 -foot by 24 -foot garage is not excessive in size. With the certification of a structural engineer, the proposed drainage, driveway and garage construction can occur in a way that will improve the structural integrity of the retaining wall immediately west of the proposed garage. The Board finds that the requested front yard modification of 18 percent and the side yard reduction of two percent are modest both in substance and effect. The garage will be set back 34 feet from the street paving, which is three feet further back than would normally be provided in a standard residential subdivision. The modification of the yard requirements will not be detrimental to the neighborhood in that they allow for an improvement of a property, the addition of a two -stall garage, that will not contribute to a sense of overcrowding or be obtrusive within the streetscape. There is no feasible alternative for locating the garage elsewhere on the site due to the concrete block construction of the existing residence and the topographical constraints of the lot. The Board finds that the garage will not cast an undue amount of shade on the property to the west in an area that is already shaded and contains shade -tolerant vegetation. The Board expressed its desire that the neighboring property owners would work out a solution for providing landscaping/screening that will not compromise the drainage system. Granting the requested special exception is in keeping with the precedent set by the Board in granting similar requests for garage additions on Oakridge Avenue. Conclusions of Law: The Board concludes that the yard modifications requested are reasonable and will allow the improved use and enjoyment of the 100 Oakridge Avenue property without undue encroachment on the neighboring property to the west. The application meets the specific criteria of uniqueness and practical difficulty, as specified in City Code subsection 14 -4Q -4B, for granting exceptions to established setbacks. The Board further concludes that the application-meetsVe general standards for granting a special exception, as set forth in; �o C� e subsection 14 -4B -4B. nno �+.. Disposition: On a vote of 3-1 with L. Brandt voting no, the Board apprgQti EXJ8- ' 0014, a special exception to reduce the front yard requirement alakige='E y L ~ o r Avenue from 20 feet to 8 feet for the 24 -foot width of the garage and reduce the side yard requirement from 5 feet to 3 feet, 9 inches for the 20 -foot length of the west wall of the garage to allow a two -stall garage to be constructed on property located in the RS -5 zone at 100 Oakridge Avenue, subject to the applicants providing certification by a structural engineer that the structural integrity of the retaining wall to the west will not be compromised by the proposed garage addition and driveway improvements. 3. EXC98-0015. Public hearing on an application submitted by Richard Murphy for a special exception to permit a reduction in the front yard setback requirement along Sixth Avenue for property located in the Low Density Single -Family Residential (RS - 5) zone at 1804 F Street. Findinos of Fact: The Board finds that the size and scale of the project is modest, and the distance between the proposed screened -in porch and adjacent properties is ample. The Board notes letters of support from neighboring property owners, including the owner of the most effected property. The alternatives for locating the screened -in porch are limited given the location and orientation of the existing residence. The proposed porch will increase the use and enjoyment of the 1804 F Street property with little to no impact on neighboring properties. Conclusions of Law: The Board concludes that the application meets the criteria for uniqueness and practical difficulty for granting yard modifications, as set forth in City Code subsection 14 -4Q -4B. The Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-413. Disposition: On a vote of 4-0, the Board approved EXC98-0015, a special exception to reduce the front yard requirement along Sixth Avenue by 144 square feet to allow construction of a 12 -foot by 12 -foot screened -in porch for property located in the RS - 5 zone at 1804 F Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. City Code subsection 14 -4B -5E, City of Iowa City, Iowa. co Susan Bence -r, Vice -Chairperson C' y Atto Office C__ 7-1 _ r r� 3 co L F �D 000053 F1 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 15' day of July, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this ;°e day of 1w\ 1998. NOWN��'��e� ppdadmin\dedsion\boa7-15d.dw 4 • J� MaK. Karr, City Clerk 000054 W co C�— N o� g ao v o :P FEE i�C�o x()5'742() FILED N0. BOO K57 U;P,rF..159- 93 VIS 28 PH I: 43 Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52IY R"CORDER 'Ldil; �� Y I01VA DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, AUGUST 12, 1998 - 5:00 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Susan Bender, Lowell William Haigh None Brandt, T.J. Brandt, Kate Corcoran, Dennis Mitchell, Melody Rockwell, Traci Howard Joni Kinsey, Claire Sponsler SPECIAL EXCEPTION ITEM: Lo CC) m G_J N Ql EXC98-0017. Public hearing on an application submitted by Steve and Barbara van de7`Woude for a special exception to permit a single-family residence to be established on a nonconforming lot of record and a special exception to allow a side yard modification for property located in the Neighborhood Conservation Residential (RNC -12) zone at 327 Fairchild Street. Findings of Fact: The Board finds that approving the requested exceptions will provide a unique opportunity to preserve the Solomon Grimm house, a historic Iowa City residence. The residence will lend a sense of completion to the residential streetscape, and will serve as an aesthetic residential screen of the adjacent apartment house parking lot. The restored home will introduce a single-family house into the neighborhood in a way that is consistent and compatible with the original development of this older neighborhood many years ago, and is consistent with an overall goal of the Comprehensive Plan to preserve the integrity of existing neighborhoods and preserve the historic nature of older Iowa City neighborhoods. As the infrastructure to serve the residence is already in place, the proposed infill development will be efficient development from a municipal facilities standpoint. The Board finds that making its approval specific to the Grimm residence will ensure that the criterion of the requested exception resulting in appropriate, compatible development with the surrounding residential neighborhood is met. The Board finds that the side yard modification request is the result of the peculiar situation of placing a historic residence on a nonconforming lot of record in an older neighborhood. The proposed five percent encroachment of the house into the east side yard is minimal. There appears to be no acceptable alternative to orienting the Solomon Grimm house on the lot other than as requested without losing sight of the defining architectural features on the front of the residence and creating an odd appearance of this house within the streetscape. The Board finds that the removal of the driveway and closure of the curb cut along Fairchild Street and placing a garage and parking at the rear of the lot will be consistent with the neighborhood design principles cited in the Comprehensive Plan. Closing the curb cut will allow for another parking space on the street and for some additional green space between the Grimm residence and the existing residence to the west. Requiring as a condition of approval that the mature frontage tree be retained if feasible, or replaced with a comparable street tree, will help maintain a green canopy along this block of Fairchild Street. 000:1S5 Iowa City Board of Adjustment Decisions August 12, 1998 Page 2 R O g m f� Conclusions of Law: The Board concludes that the application meets the specific criteria for permitting a single-family residence to be established on a nonconforming lot of record, as specified in City Code subsection 14 -6T -5D. The application also meets the specific standards for granting an exception to an established side yard setback requirement, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that the application complies with the general standards for granting a special exception, as set forth in City Code subsection 14-48- 46. Disposition: By a vote of 5-0, the Board approved EXC98-0017, a special exception to permit a single-family residence, specifically the Solomon Grimm house that is the circa 1878 house currently located at 411 Bloomington Street, and accessory buildings to be established on a nonconforming lot of record, and a special exception to reduce the east side yard setback requirement from five feet to three feet for the 20 -foot length of the east wall of the residence for property located in the RNC -12 zone at 327 Fairchild Street, subject to the condition that the existing driveway that accesses Fairchild Street from the 317 and 327 Fairchild Street properties shall be removed and replaced with lawn and landscaping, and the curb cut on Fairchild Street shall be closed, and subject to the existing street tree on the Fairchild Street frontage being preserved if feasible, and if it is not, a comparable replacement tree approved by the City Parks and Forestry Supervisor shall be planted and maintained on that frontage. 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 S;AeWy owa , Iowa. 04A-4 c4mgww William Haigh, Chairperson City 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 12'" day of August, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this � day of , 1998. ppdadmiNde slallooae 12d.daa CORPORATE SEAL Martan K. Karr, City Clerk 000:1s6 FILED AG E BOOK 7a/ 918 OCT -2 PH 2: 38 JOHN IOWA C.f IOWA RECORDER CD Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City& 52240= 319/356-5251 c C % C-) r _- DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, SEPTEMBER 16 1998 - 5:00 PM f N CIVIC CENTER COUNCIL CHAMBERS Z MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, William Haigh MEMBERS ABSENT: T. J. Brandt STAFF PRESENT: Sarah Holecek, Melody Rockwell, Traci Wagner OTHERS PRESENT: Jim Hileman, Deb Wendorf, John Mummey, Paul Anderson, Dr. Stephanie Nowysz SPECIAL EXCEPTION ITEMS: 1. EXC98-0018. Public hearing on an application submitted by McDonald's Corporation for a special exception to permit an auto and truck -oriented use, that is a drive-through lane and window, for the McDonald's restaurant to be established on property located in the Community Commercial (CC -2) zone at 804 S. Riverside Drive. Findings of Fact: The Board finds that more businesses are using drive-through facilities as a way of doing business, and a fast food restaurant, such as McDonald's, relies on a drive-through facility to stay competitive. Restricting the use of the site based on what may occur only during peak use periods does not seem reasonable. The Board acknowledges the high level of traffic at the Riverside Drive and Benton Street intersections, but finds that the figures provided by the applicant indicate that there will not be a substantial increase in the number of transactions at the McDonald's restaurant over what was experienced with the previous McDonald's restaurant that operated on the site without a drive-through facility. The situation at this intersection may result in delays, but if delays are experienced by customers trying to access and leave the site, this may serve to discourage use of the site at peak traffic times, and in a sense be a self-regulating mechanism to keep vehicle trips at the restaurant at acceptable levels. By adding a condition of approval that requires the applicant to work with city staff to implement signage, striping and articulation of pedestrian access, the Board finds that the on-site circulation patterns can be improved and pedestrian safety enhanced. Because exiting onto Riverside Drive is virtually impossible during peak traffic periods, the Riverside Drive curb cut will function as an entry only during those 000152 times of high traffic. The Board finds that the 165 -foot long stacking lane allows storage for approximately eight vehicles in stacking spaces that are 20 feet in length, which meets the minimum queue storage for a drive-through lane for a fast food restaurant. If more than eight vehicles queue up in the drive-through lane, parking spaces in the south parking area will be blocked off. The Board finds that this difficulty will likely result in blocking traffic circulation only on the private commercial property, not on public streets. Conclusions of Law: The Board concludes that subject to the condition of approval, the drive-through facility for the fast food restaurant is an appropriate use to establish at this location as allowed by City Code subsection 14 -6E -5D1. The Board further concludes that the application meets the general standards for granting a special exception as set forth in City Code subsection 14-413-413. Disposition: By a 4-0 vote, the Board approved EXC98-0018, a special exception for an auto and truck -oriented use to permit a drive-through facility to be established for a fast food restaurant for property located in the CC -2 zone at 804 S. Riverside Drive, subject to the inclusion of signage, striping and articulated pedestrian access as approved by city staff. 2. EXC98-0019. Public hearing on an application submitted by Hy -Vee Food Stores, Inc. for a special exception to permit an auto and truck -oriented use, that is a pharmacy drive-through service, to be established for property located in the Community Commercial (CC -2) zone at 812 S First Avenue. Findings of Fact: The Board finds that the pharmacy drive-through facility will generate a minimal number of vehicle trips to the site even during peak periods of usage. The vehicle queue storage area will accommodate three vehicles, which is sufficient for the level of use that a pharmacy drive-through facility experiences. The location of the drive-through lane assures that traffic circulation within the parking lot or on the public streets will not be disrupted even should there be increased usage of the pharmacy drive-through facility. There is sufficient separation of the facility from pedestrian ways. It is self-contained, quite private and well -landscaped. The drive-through facility meets the compatibility standards, and should produce minimum to no effects on neighboring residential properties. Conclusions of Law: The Board concludes that the requested special exception provides a health-related service for the community without compromising public safety or having discernible adverse effects on neighboring property owners or municipal streets. The application meets the specific considerations for permitting an auto and truck -oriented use, as allowed by City Code subsection 14 -6E -5D1, and meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-46. Disposition: By a 4-0 vote, the Board approved EXC98-0019, a special exception to permit an auto and truck -oriented use, that is a pharmacy drive-through lane and window, for property located in the CC -2 zone at 812 S. First Avenue. 00015:3 3 3. EXC98-0020. Public hearing on an application submitted by Dr. Stephanie Nowysz for a special exception to permit a front yard modification to enable replacement of an existing sign for property located in the Neighborhood Conservation Residential (RNC -20) zone at 611 East Burlington Street. Findings of Fact: The Board finds that although the encroachment of the sign into the five foot setback area is substantial in relation to the requirement (there would be an 80% encroachment), the effect is minimal. The requested sign will replace a similarly -sized sign that has been in place for 17 years and is fairly unobtrusive due to its orientation parallel to the street and being located within the landscaped area in front of the building. The residential appearance of the streetscape will be maintained and there will be little to no effect on neighboring property owners. Compliance with the sign setback requirement would require the removal of shrubbery that creates a softening effect in this urban corridor and would allow extremely limited space for maintenance of the back of the sign, the front of the building and the area between the sign and the building. The alternatives to allowing the special exception are not as favorable and would actually create more problems than permitting the sign to be located as proposed by the applicant. Conclusions of Law: The Board concludes that the requested exception to reduce the setback requirement for a monument sign is reasonable and just, and meets the specific requirements for allowing an exception to an established setback, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: By a 4-0 vote, the Board approved EXC98-0020, a special exception to reduce the setback requirement from the front lot line from five feet to one foot for a six-foot wide monument sign for property located in the RNC -20 zone at 611 E. Burlington Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. City Code subsection 14-413-5E, City of Iowa City, Iowa. William Haigh, Chai person City Attor ey's Off" 10-1-9t 9`3°'i8 000154 M 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 16th day of September, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this / day of zg- 2r '1998. ppdadmin\BOA9-16d.doc Manan K. Karr, City Clerk CORPORATE SEAL 000155 a MEMBERS ABSENT: None STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Traci Wagner OTHERS PRESENT: Larry Greiner, Brad Lang, Jim Jacob, Norman Kallaus, Dale Simon, Amy Becker, Heather Hartsell, Shirley Westcott, Eugene Coors, Ann Romanowski, Mike Kennedy, Kim Glenn • 1. EXC98-0009. Public hearing on a request submitted by S & J Development to amend a May 13, 1998, Board decision approving a special exception for a club to be established in a Rural Residential (RR -1) zone for property located at the end of Phoenix Drive extended. Findings of Fact: In its May 13, 1998, decision, the Board, as a condition of approval of the proposed club, required preliminary and final plat approval of the Country Club Estates prior to the club being established. This condition was intended to allow City staff review of design issues in order to address the potential impact of the facility on the surrounding residential neighborhood before the club facilities were built. The Board finds that appropriate staff review of the design and impact issues for the club will occur prior to approval of the preliminary plat. Allowing the swimming pool to be built during this construction season will not result in design changes to the preliminary plat or effect the project's compatibility with nearby residential properties. Conclusions of Law: The Board concludes that the requested amendment to allow construction of a swimming pool following preliminary plat approval, but prior to final plat approval is reasonable and will not substantially alter the intent of the Board's decision. The Board further concludes that subject to the conditions of approval, as amended, the establishment of the proposed recreational facility meets the specific regulations for establishing a club in the RR -1 zone, as set forth in City Code subsection 14 -6L -1E, and the general standards for granting a special exception, as set forth in City Code subsection 14-413-4B. 000011 ko m 0 0 `� FEE �>,� N E"� Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 522r919/3iz-5251 DECISIONS FILED NO.TlO3_ ,,S IOWA CITY BOARD OF ADJUSTMENT MEETING BOOK%1r., WEDNESDAY, OCTOBER 14, 1998 - 5:00 PM CIVIC CENTER COUNCIL CHAMBERS 48 OCT 27 PH 2:02 MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, J$HWN TMTiECOROER William Haigh IOWA CITY IOPlA MEMBERS ABSENT: None STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Traci Wagner OTHERS PRESENT: Larry Greiner, Brad Lang, Jim Jacob, Norman Kallaus, Dale Simon, Amy Becker, Heather Hartsell, Shirley Westcott, Eugene Coors, Ann Romanowski, Mike Kennedy, Kim Glenn • 1. EXC98-0009. Public hearing on a request submitted by S & J Development to amend a May 13, 1998, Board decision approving a special exception for a club to be established in a Rural Residential (RR -1) zone for property located at the end of Phoenix Drive extended. Findings of Fact: In its May 13, 1998, decision, the Board, as a condition of approval of the proposed club, required preliminary and final plat approval of the Country Club Estates prior to the club being established. This condition was intended to allow City staff review of design issues in order to address the potential impact of the facility on the surrounding residential neighborhood before the club facilities were built. The Board finds that appropriate staff review of the design and impact issues for the club will occur prior to approval of the preliminary plat. Allowing the swimming pool to be built during this construction season will not result in design changes to the preliminary plat or effect the project's compatibility with nearby residential properties. Conclusions of Law: The Board concludes that the requested amendment to allow construction of a swimming pool following preliminary plat approval, but prior to final plat approval is reasonable and will not substantially alter the intent of the Board's decision. The Board further concludes that subject to the conditions of approval, as amended, the establishment of the proposed recreational facility meets the specific regulations for establishing a club in the RR -1 zone, as set forth in City Code subsection 14 -6L -1E, and the general standards for granting a special exception, as set forth in City Code subsection 14-413-4B. 000011 Board of Adjustment as October 14, 1998 0 0 Page 2 C-3 b`1 y- C7 N r, Disposition: By a vote of 5-0, the Board approved an amendment to its May 13,19904 c decision approving a special exception to allow a club to be located withBie C_cuntry y Club Estates Subdivision at the west end of Phoenix Drive extended by<ihangiff the first condition of approval for that decision that required the approval of preliminacf and final plats for Phase I of the proposed Country Club Estates; the first condition is amended to read: 1. The approval of the preliminary plat for Phase 1 of the proposed Country Club Estates. (Board member T.J. Brandt left the meeting prior to Board consideration of the next two items.) 2. EXC98-0022. Public hearing on an application submitted by Michael and Ann Romanowski for a special exception to permit off-street parking on a separate lot for property located in the Community Commercial (CC -2) zone at 1517 Mall Drive. Findings of Fact: The Board finds that the proposed parking on a separate, vacant lot on Oral B -owned property is eligible for a special exception as non -required parking. Because there is not enough parking area available on the site, in nearby business parking lots or along Mall Drive, the proposed off-site parking will be a practical solution for providing sufficient parking for the dental clinic staff, regularly scheduled patients and the unanticipated overflow of emergency dental patients. The Board finds that the proposed off-site parking will not impair public health or safety; there is adequate sight distance, there is no physical separation of the parking spaces from the dental clinic parking area, the parking is within 50 feet of the dental clinic building, and pedestrian access from the off-site parking to the dental clinic is separated from vehicular traffic and does not require crossing the parking area. A perpetual lease agreement is not needed for non -required parking spaces. The Board finds that it does not have the authority to resolve the zoning issue concerning the provision of a commercial accessory use (parking) in an industrial zone; the applicant will need to seek other avenues of remedy to address this issue. Conclusions of Law: The Board concludes that the applicant has demonstrated that the proposed off-site parking meets the specific criteria and technical requirements for establishing off-street parking on a separate lot, as set forth in City Code subsection 14 -6N -1C. The Board further concludes that if the zoning issue can be resolved, the application meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: By a vote of 4-0, the Board approved EXC98-0022, a special exception to permit non -required off-street parking to be located on an adjacent, separate lot for a dental clinic located in the CC -2 zone at 1517 Mall Drive, subject to all applicable zoning regulations and rezoning requirements. 3. EXC98-0023. Public hearing on an application submitted by Kevin and Kimberley Glenn for a special exception to permit a reduction in the front and rear yard setback requirements for property located in the Medium Density Single -Family Residential (RS - 8) zone at 632 Brown Street. 000012 Board of Adjustment October 14, 1998 Page 3 Findings of Fact: The Board finds the proposal will upgrade a lovely, older residence located in the Brown Street Historic District. The Iowa City Historic Preservation Commission has reviewed the exterior renovations proposed for the Brown Street residence and has granted a Certificate of Appropriateness. The requested yard reductions are minimal in both substance and effect, and will allow for improvements to a grand old home that are in keeping with the historic structure, yet increase the livability of the residence for a modern-day family. Neighboring property owners have indicated their support for the proposed additions. Due to the topography and size of this corner lot, there is no feasible alternative other than the requested yard reductions that will allow for the improved vehicular access and on-site parking to be provided. Subject to the applicant meeting the conditions of narrowing the drive and stepping down the slope north of the drive, visibility and safety will be improved at the vehicular access off Dodge Street. With the expansion of the garage and connecting driveway, additional on-site parking will be provided in an area of the community that experiences parking congestion. Conclusions of Law: The Board concludes that the application meets the criteria for allowing exceptions to established setback requirements, as set forth in City Code subsection 14 -4Q -4B, and the general standards 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 EXC98-0023, a special exception to reduce the front yard requirement along Dodge Street from 20 feet to 19 feet for the 14 -foot width of the residential and garage additions, and to reduce the rear yard requirement from 20 feet to 11 feet for the 27.5 -foot length of the additions for property located in the RS -8 zone at 632 Brown Street, subject to 1) City staff approval of a site redesign in which the width of the driveway paving is narrowed to better define the driveway access to the site and the slope on the north side of the driveway is stepped down to improve visibility, and 2) subject to conformance with conditions listed in the Certificate of Appropriateness issued by the Iowa City Historic Preservation Commission for the proposed additions. 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 subsection 14 -4B -5E, City of Iowa City, Iowa. lf, �prm C}�A1Mmut ) William Haigh, Chairperson Lyff 19nip:W CD co City Attorney' s Office _ '__14 N r-; 000013 = `� > N CA Board of Adjustment October 14, 1998 Page 4 STATE OF IOWA 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 14" day of October, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this 2J day of 1998. CORPORATE SEAL Mari AK arr,Ci y Clerkr/�/ ppdadmin\dec\boa1 0- 1 4.doc 000014 ::E --itz A (11%eviously recorded in Book 2631, pages 287-289.) Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 LO CD DECISIONS iii £ IOWA CITY BOARD OF ADJUSTMENT MEETING - WEDNESDAY, NOVEMBER 18 1998 - 5:00 PM — CIVIC CENTER COUNCIL CHAMBERS -i O- f -_ MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, William HFWFO Cvrl4 CS 2f J arrived later in the meeting B0r,,v, 3 r'. r,'' 1 PS7 MEMBERS ABSENT: None CQ DEC 16 AN 9:08 STAFF PRESENT: John Yapp, Dennis Mitchell, Melody Rockwell, Traci Wagr%)ISDII CGUII'I Y RECORDER 10@!A Cli'r, 10 *A OTHERS PRESENT: Bill Cloven, Chris Wheeler, Larry Greiner, Jim Douglass, Randy Van Winkle, Marvin Lynch, David Elliott, Dan Yaeger, Walter Foster, Steve Schallau, Beth Ruiz, Debby Meadows, Sue Landau, Teri Greiner, Amy J. Becker, Al Westcott, Heather Hartsell, Shirley Westcott SPECIAL EXCEPTION ITEMS: 1 . EXC98-0004. Public hearing on a request submitted by Enterprise Rent -a -Car Company Midwest to extend a March 11, 1998, Board decision approving a special exception to establish an auto and truck -oriented use, an auto rental agency, for property located in the CC -2 zone at 1101 S. Riverside Drive. Findings of Fact: The Board finds that there were unforeseen delays in resolving the lease agreement. It appears that this situation will be taken care of and the business can be established within a reasonable time period. Local circumstances and code requirements have not changed appreciably, and there have been no substantive changes in the way Enterprise Rent -a - Car proposes to do business at the 1101 Riverside Drive location. The Board finds, in effect, that there have been no major changes; that the factors that were considered when the Board approved the application still hold. Conclusions of Law: The Board concludes that the application will continue to meet the general standards, as set forth in City Code subsection 14 -4B -4B, for the extension of the special exception granted on March 11, 1998. The Board further concludes that the applicant has shown good cause for extending the expiration date of the decision, as is permitted under City Code subsection 14 -4B -5E. Disposition: By a vote of 4-0, the Board approved an extension to April 3, 1999, of EXC98- 0004, a special exception approved by the Board of Adjustment on March 11, 1998, to permit an auto and truck -oriented use, a car rental agency, to be established on property located in the CC -2 zone at 1101 S. Riverside Drive. 2. EXC98-0008. Public hearing on a request submitted by S & J Development to extend a May 13, 1998, Board decision approving a special exception for a club to be established in a Rural Residential (RR -1) zone for property located at the end of Phoenix Drive extended. Findings of Fact: The Board finds that the circumstances of the case have not changed significantly. The applicant had no way to foresee the difficulties he would encounter in obtaining access easements, and how that would delay the approval of the preliminary plat for the Country Club Estates subdivision. It appears that the factors causing the delay will not alter the location and design of the club facility and site, as previously approved by the Board. 61 2 Conclusions of Law: The Board concludes that the application will continue to meet the general standards, as set forth in City Code subsection 14 -4B -4B. The Board further concludes that the applicant has shown good cause for extending the expiration date of the .decisio The extension of the Board's decision of May 13, 1998, will not alter the effect of-Ahe dion, and the Board therefore concludes that it is reasonable to extend the expiratio_�'n. date ai the decision, as set forth in City Code subsection 14-48-5E. +v Disposition: By a vote of 4-0, the Board approved an extension to May 28, 1999, of EXC98- 0008, a special exception approved with conditions by the Board of Adjustment on May 13, 1998, to permit a club to be established in a RR -1 zone at the end of Phoenix Drive. 3. EXC98-0024. Public hearing on an application submitted by Housley Swafford Properties, on behalf of property owner Petro -King, Inc., for a special exception to permit an auto and truck - oriented use, that is a muffler/lube shop, to be established for property located in a Community Commercial (CC -2) zone at 606 S. Riverside Drive. Findings of Fact: The Board finds that the proposed muffler/lube shop is consistent and compatible with the auto and truck -oriented businesses and other commercial establishments in the area. The Board notes that public safety will be enhanced by the applicant's willingness to decrease the number of access points to the site from a segment of S. Riverside Drive that has high traffic counts and a relatively high vehicular accident rate. The Board finds that the proposed muffler/lube shop is likely to improve the commercial value and the aesthetics of the site. Conclusions of Law: The Board concludes that the applicant has addressed the specific concerns that arise when an auto and truck oriented use is established in a predominantly retail commercial zone, and notes that this use is allowed by special exception under the provisions of City Code subsection l4 -6E -5D1. The Board further concludes with that the condition to limit vehicular access to the site to one driveway, the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-46. Disposition: By a vote of 4-0, the Board approved EXC98-0024, a special exception to permit an auto and truck oriented use, a muffler shop and lubricant facility, to be established for property located in the CC -2 zone at 606 S. Riverside Drive, subject to the northern -most driveway being closed and there being only one driveway providing vehicular access to the site from Riverside Drive, as shown on the site plan with a revision date of 11-13-98. 4. EXC97-0018. Public hearing on an application submitted by Parkview Evangelical Free Church for a special exception to permit a religious institution expansion, that is, the construction of a new addition and parking area, for property located in a Low Density Single -Family Residential (RS -5) zone at 15 Foster Road. Findings of Fact: The Board finds that the church provides a vital and positive contribution not only for the members of its congregation, but for the community -at -large as well. The Board also finds that an intent of the RS -5 zone is to provide for single-family residential development consistent with the predominantly single-family residential character of Iowa City, to encourage compatible development with a neighborhood orientation, and to plan and design nonresidential uses and structures to be in character with the scale and pattern of the surrounding residential development. Although the Board finds that the applicant has demonstrated that an expanded parking area is needed, it also finds that the requested amount of parking (546 spaces) has not been justified by the applicant and is excessive in terms of scale and compatibility in this situation. The Board has applied conditions of approval to allow a limited increase in parking, while helping to ensure the compatibility of the parking area within the low density residential neighborhood. These conditions are intended to provide effective landscaping; minimum buffer areas between the parking area and the residential development to the west, and between the parking area and the street rights-of-way on the north and south; a diminished paved surface area; and a reduced number of parking spaces, including the elimination of the row of west - 000203 3 facing parking spaces shown on the site plan on the west edge of the parking lot. The Board finds that providing for the landbanking of parking spaces will make those spaces available for the church's use if there is a demonstrated need, and until the need arises, the landbanked spaces will remain as green space. Conclusions of Law: The Board concludes that with the conditions described below, the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-48-4B, and has met the specific criteria for permitting the expansion of a religious institution in the RS -5 zone, as set forth in City Code subsection 14 -6D -2D2. Disposition: On a vote of 3-2 with Bender and L. Brandt voting no, the Board approved EXC97- 0018, a special exception to permit a religious institution expansion, the construction of an approximate 30,000 square foot addition and connecting foyer, and an expanded parking area, subject to the applicant 1) installing a maximum of 400 parking spaces initially, and landbanking no more than 100 parking spaces, 2) being allowed to convert the landbanked spaces to parking spaces upon the determination of the Director of Planning and Community Development that additional parking for the church's use is warranted, 3) eliminating the 46 west -facing parking spaces shown on the site plan submitted on and date-stamped November 12, 1998, 4) maintaining the buffer widths shown on the site plan submitted on and date-stamped November 12, 1998, to provide a minimum of 40 feet between the parking area and the west property line, 30 feet between the parking area and the Foster Road right-of-way, and 25 feet between the parking area and the Taft Speedway right-of-way, 5) submitting a landscape plan to be approved by City staff to ensure that effective screening of the parking area is provided, and 6) constructing the northwest and southwest driveways so the west edge of the paving of those driveways is a minimum of 60 feet from 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 under the terms of the Board's order of decision. (City Code subsection 1446-5E, City of Iowa City, Iowa) co 0 L —/GXXIOM �MQ1,d Cf�B1AP�M Q W_ William Haigh, Chairperson City Attorney's Office STATE OF IOWA 1 , N 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 1V day of November, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this 9 day of DECr p,_16 , 1998. CORPORATE SEAL ppdadmNdedsiorvbosl 1-18.dm Maria rK. Karr, City Clerk 000204 FEE I �� Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA !HiAp �,ly/ _ Boo K. DECISIONS 98BEC-3 PM 3:48 IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, NOVEMBER 18 1998 - 5:00 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT STAFF PRESENT Susan Bender, Lowell Brandt, T.J. Brandt, arrived later in the meeting None JOHNSON CATY RECORDER 310WA 14Y. WV c'% N William Haigh; -Kate CorSorarwO o= C13 Y .t John Yapp, Dennis Mitchell, Melody Rockwell, Traci Wagner OTHERS PRESENT: Bill Cloven, Chris Wheeler, Larry Greiner, Jim Douglass, Randy Van Winkle, Marvin Lynch, David Elliott, Dan Yaeger, Walter Foster, Steve Schallau, Beth Ruiz, Debby Meadows, Sue Landau, Teri Greiner, Amy J. Becker, Al Westcott, Heather Hartsell, Shirley Westcott ��xy It1 � �:(K�ilPL11�4iLt`� 1. EXC98-0004. Public hearing on a request submitted by Enterprise Rent -a -Car Company Midwest to extend a March 11, 1998, Board decision approving a special exception to establish an auto and truck -oriented use, an auto rental agency, for property located in the CC -2 zone at 1101 S. Riverside Drive. Findinas of Fact: The Board finds that there were unforeseen delays in resolving the lease agreement. It appears that this situation will be taken care of and the business can be established within a reasonable time period. Local circumstances and code requirements have not changed appreciably, and there have been no substantive changes in the way Enterprise Rent -a -Car proposes to do business at the 1101 Riverside Drive location. The Board finds, in effect, that there have been no major changes; that the factors that were considered when the Board approved the application still hold. Conclusions of Law: The Board concludes that the application will continue to meet the general standards, as set forth in City Code subsection 14-48-4B, for the extension of the special exception granted on March 11, 1998. The Board further concludes that the applicant has shown good cause for extending the expiration date of the decision, as is permitted under City Code subsection 14-4131-5E. Disposition: By a vote of 4-0, the Board approved an extension to April 3, 1999, of EXC98- 0004, a special exception approved by the Board of Adjustment on March 11, 1998, to permit an auto and truck -oriented use, a car rental agency, to be established on property located in the CC -2 zone at 1101 S. Riverside Drive. 2. EXC98-0008. Public hearing on a request submitted by S & J Development to extend a May 13, 1998, Board decision approving a special exception for a club to be established in a Rural Residential (RR -1) zone for property located at the end of Phoenix Drive extended. Findinas of Fact: The Board finds that the circumstances of the case have not changed significantly. The applicant had no way to foresee the difficulties he would encounter in obtaining access easements, and how that would delay the approval of the preliminary plat for 00028'7 2 the Country Club Estates subdivision. It appears that the factors causing the delay will not alter the location and design of the club facility and site, as previously approved by the Board. Conclusions of Law: The Board concludes that the application will continue to meet the general standards, as set forth in City Code subsection 14-413-413. The Board further concludes that the applicant has shown good cause for extending the expiration date of the decision. The extension of the Board' s decision of May 13, 1998, will not alter the effect of the decision, and the Board therefore concludes that it is reasonable to extend the expiration date of the decision, as set forth in City Code subsection 14-415-5E. Disposition: By a vote of 4-0, the Board approved an extension to May 28, 1999, of EX 98- 0008, a special exception approved with conditions by the Board of Adjustment on May 13, 1998, to permit a club to be established in a RR -1 zone at the end of Phoenix Drive, as shown on the site plan with a revision date of 11-13-98. 4. EXC98-0024. Public hearing on an application submitted by Housley Swafford Properties, on behalf of property owner Petro -King, Inc., for a special exception to permit an auto and truck - oriented use, that is a muffler/lube shop, to be established for property located in a Community Commercial (CC -2) zone at 606 S. Riverside Drive. Findings of Fact: The Board finds that the proposed muffler/lube shop is consistent and compatible with the auto and truck -oriented businesses and other commercial establishments in the area. The Board notes that public safety will be enhanced by the applicant's willingness to decrease the number of access points to the site from a segment of S. Riverside Drive that has high traffic counts and a relatively high vehicular accident rate. The Board finds that the proposed muffler/lube shop is likely to improve the commercial value and the aesthetics of the site. Conclusions of Law: The Board concludes that the applicant has addressed the specific concerns that arise when an auto and truck oriented use is established in a predominantly retail commercial zone, and notes that this use is allowed by special exception under the provisions of City Code subsection 14 -6E -5D1. The Board further concludes with that the condition to limit vehicular access to the site to one driveway, the application meets the general standards 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 EXC98-0024, a special exception to permit an auto and truck oriented use, a muffler shop and lubricant facility, to be established for property located in the CC -2 zone at 606 S. Riverside Drive, subject to the northern -most driveway being closed and there being only one driveway providing vehicular access to the site from Riverside Drive. 4. EX097-0018. Public hearing on an application submitted by Parkview Evangelical Free Church for a special exception to permit a religious institution expansion, that is, the construction of a new addition and parking area, for property located in a Low Density Single -Family Residential (RS -5) zone at 15 Foster Road. Findings of Fact: The Board finds that the church provides a vital and positive contribution not only for the members of its congregation, but for the community -at -large as well. The Board also finds that an intent of the RS -5 zone is to provide for single-family residential development consistent with the predominantly single-family residential character of Iowa City, to encourage compatible development with a neighborhood orientation, and to plan and design nonresidential uses and structures to be in character with the scale and pattern of the surrounding residential development. Although the Board finds that the applicant has demonstrated that an expanded parking area is needed, it also finds that the requested amount of parking (546 spaces) has not been justified by the applicant and is excessive in terms of scale and compatibility in this situation. The Board has applied conditions of approval to allow a limited increase in parking, while helping to ensure the compatibility of the parking area within the low density residential neighborhood. These conditions are intended to provide effective landscaping; minimum buffer 000288 .f 3 areas between the parking area and the residential development to the west, and between the parking area and the street rights-of-way on the north and south; a diminished paved surface area; and a reduced number of parking spaces, including the elimination of the row of west - facing parking spaces shown on the site plan on the west edge of the parking lot. The Board finds that providing for the landbanking of parking spaces will make those spaces available for the church's use if there is a demonstrated need, and until the need arises, the landbanked spaces will remain as green space. Conclusions of Law: The Board concludes that with the conditions described below, the application meets the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B, and has met the specific criteria for permitting the expansion of a religious institution in the RS -5 zone, as set forth in City Code subsection 14 -6D -2D2. Disposition: On a vote of 3-2 with Bender and L. Brandt voting no, the Board approved EXC97- 0018, a special exception to permit a religious institution expansion, the construction of an approximate 30,000 square foot addition and connecting foyer, and an expanded parking area, subject to the applicant 1) installing a maximum of 400 parking spaces initially, and landbanking no more than 100 parking spaces, 2) being allowed to convert the landbanked spaces to parking spaces upon the determination of the Director of Planning and Community Development that additional parking for the church's use is warranted, 3) eliminating the 46 west -facing parking spaces shown on the site plan submitted on and date-stamped November 12, 1998, 4) maintaining the buffer widths shown on the site plan submitted on and date-stamped November 12, 1998, to provide a minimum of 40 feet between the parking area and the west property line, 30 feet between the parking area and the Foster Road right-of-way, and 25 feet between the parking area and the Taft Speedway right-of-way, 5) submitting a landscape plan to be approved by City staff to ensure that effective screening of the parking area is provided, and 6) constructing the northwest and southwest driveways so the west edge of the paving of those driveways is a minimum of 60 feet from 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 under the terms of the Board' s order of decision. (City Code subsection 14-413-5E, City of Iowa City, Iowa) William Haigh, Chairperson STATE OF IOWA JOHNSON COUNTY LW--- City Attorney's Office 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 181h day of November, 1998, as the same appears of record in my office. Dated at Iowa City, Iowa, this day of 1�& 1998 Cp 000289 �J Marian K. Karr, City Clerk ppdatlmlNtladaionlboa11�1 B.tloc