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HomeMy WebLinkAbout1999 Board of Adjustment Decisions111 FILED NO. 0164"rs BOOK `�&e-PAGE 99 AN -6 PM 2: 32 IV� JOHtd IOWA CITY IWRECORDER Prepared by: John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 9, 1998 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Lowell Brandt, T.J. Brandt, Kate Corcoran, William Haigh MEMBERS ABSENT: Susan Bender 4D E; `o C_ STAFF PRESENT: Sarah Holecek, Traci Wagner, John Yapper z OTHERS PRESENT: George Starr, Area Haught, Doris Rank, Liz Jenserl7,,,.- r Cry s SPECIAL EXCEPTION ITEMS: oz 1. EXC98-0027. Public hearing on a special exception submitted by George"A. ancEtosalie Starr for a special exception to permit a front yard reduction of 8 feet along the 18 -foot length of a proposed addition on property located in the Medium Density Single -Family Residential (RS -8) zone at 830 E. Davenport Street. Findings of Fact: The Board finds that the proposed 10 -foot by 18 -foot addition should not have a negative impact on adjacent property. The proposed addition does not inhibit visibility along any public street, sidewalk, or driveway. The proposed addition will have no impact on the ingress and egress to the property. The design of the addition is compatible with other neighborhood structures. Adjacent homes and other homes in the surrounding neighborhood also encroach into the front yard setback. The wide 80 -foot right-of-way of Governor Street minimizes the impact of the Proposed front yard reduction. The reduction in the front yard setback to allow an addition to the home at 830 E. Davenport Street will improve the property without negatively impacting adjacent private property or public rights-of-way. Conclusions of Law: The Board concludes that the requested special exception to reduce the front yard setback to allow an addition to be constructed is reasonable, 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 -4B -4B. Dis osition: By a 4-0 vote, the Board approved EXC98-0027, a special exception to reduce the front yard setback from twenty feet to twelve feet along the Governor Street right-of-way for an eighteen -foot wide addition to be constructed for the property located in the RS -8 zone at 830 E. Davenport Street. IOWA CITY BOARD OF ADJUSTMENT Lo WEDNESDAY, DECEMBER 9, 19980 `o Page 2 lt? - C7 d C;' M T C::> 7u 7 2. EXC98-0026. Public hearing on an application submitted by Liz Jensen togJ&FnitVfrorit" yard modification to allow a six-foot high fence to be located three feet frim thEE:Dinter Street right-of-way for property located in the Low Density Single -Family Residential IRS - 5) zone at 1125 Pickard Street. Findings of Fact: The Board finds that the six-foot high fence does not inhibit visibility along any public street, sidewalk, or driveway. The fence does not appear to inhibit the use of adjacent property. The fence is well constructed and stable. The 60 -foot right-of- way of Ginter Street, somewhat wider than the 50 -foot standard right-of-way for a local residential street, minimizes the impact of the front yard reduction on the neighborhood. The planting of shrubs at the base of the fence may soften the appearance of the fence, but are not so essential that the Board will require the planting of shrubs as a condition of the yard modification. The Board finds that the yard modification to allow a six-foot high fence gives the property owner an added sense of security on a corner lot, without negatively impacting adjacent properties. Conclusions of Law: The Board concludes that the requested exception to reduce the front yard setback to allow a six-foot high fence 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 14-46-4B. Disposition: By a 4-0 vote, the Board approved EXC98-0026, a special exception to reduce the front yard setback requirement along Ginter Street from twenty feet to three feet for the 87 -foot length of a six-foot high fence for property located in the RS -5 zone at 1125 Pickard 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 improve- ment authorized under the terms of the Board's order of decision. City Code Section 14-413- 5E, City of Iowa City, Iowa. William Haigh, thairperson City Attorney's Office 00®18'7 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 9, 1998 Page 3 STATE OF IOWA ) 1 JOHNSON COUNTY 1 I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 91h day of December, 1998, as the same appears of record in my Office. Dated at Iowa City, this 7 day of 199; ��� Marian K. Karr, City Clerk F:\shared\pcd\boadec CORPORATE SEAL 1 F•1 ;; c CITY CLERK Prepared by John Yapp, Assoc. Planner, City of Iowa City, 410 1 37 DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, JANUARY 13, 1999 CIVIC CENTER COUNCIL CHAMBERS SPECIAL EXCEPTION ITEMS: 1. EXC98-0028. Public hearing on an application submitted by Mark and Tamie Donnelly for a special exception to permit a front yard modification for property located in the Medium Density, Single -Family Residential (RS -8) zone at 619 North Governor Street. Findings of Fact: The Board finds that the house at 619 North Governor Street currently sits approximately six feet from the Governor Street right-of-way to the east, and three feet from alley right-of-way to the south. The applicant's proposal to move the house three feet to the north, in conjunction with the reconstruction of the house' s foundation and other improvements to the structure, will move the house outside of the required five-foot side yard setback. The Board finds that there would be practical difficulty with moving the house 14 feet to the west to meet the modern 20 -foot front yard setback requirement. The proposed placement of the house and porch will not inhibit visibility along Governor Street, the alley to the south, or any sidewalks or driveways. The Board finds that the size and configuration of an attached garage proposed by the applicant is only possible with the front yard reduction. Therefore the Board finds that it is appropriate to require that the exterior appearance of the attached garage be compatible with the Northside and Goosetown Neighborhoods, to be approved by the Department of Planning and Community Development prior to a building permit being issued for it. With the condition requiring staff approval of the exterior appearance of the attached garage, the Board finds that the interest of justice would be served by allowing this structure at 619 North Governor Street to remain within 6 feet of the Governor Street right-of-way. 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 3-0, the Board approved EXC98-0028, a special exception to permit a front yard reduction of 14 feet along the 32 -foot width of the proposed house and porch for property in the Medium Density, Single -Family Residential (RS -8) zone at 619 North Governor Street, subject to Department of Planning and Community t.0 MEMBERS PRESENT: Susan Bender, Kate Corcoran and Mike Paul CD y i MEMBERS ABSENT: Lowell Brandt, T.J. Brandt - n' _— r. STAFF PRESENT: Ann Schulte, Dennis Mitchell, John Yapp o �- > OTHERS PRESENT: Mark Donnelly, John Rummelhart, Sanjay Jani SPECIAL EXCEPTION ITEMS: 1. EXC98-0028. Public hearing on an application submitted by Mark and Tamie Donnelly for a special exception to permit a front yard modification for property located in the Medium Density, Single -Family Residential (RS -8) zone at 619 North Governor Street. Findings of Fact: The Board finds that the house at 619 North Governor Street currently sits approximately six feet from the Governor Street right-of-way to the east, and three feet from alley right-of-way to the south. The applicant's proposal to move the house three feet to the north, in conjunction with the reconstruction of the house' s foundation and other improvements to the structure, will move the house outside of the required five-foot side yard setback. The Board finds that there would be practical difficulty with moving the house 14 feet to the west to meet the modern 20 -foot front yard setback requirement. The proposed placement of the house and porch will not inhibit visibility along Governor Street, the alley to the south, or any sidewalks or driveways. The Board finds that the size and configuration of an attached garage proposed by the applicant is only possible with the front yard reduction. Therefore the Board finds that it is appropriate to require that the exterior appearance of the attached garage be compatible with the Northside and Goosetown Neighborhoods, to be approved by the Department of Planning and Community Development prior to a building permit being issued for it. With the condition requiring staff approval of the exterior appearance of the attached garage, the Board finds that the interest of justice would be served by allowing this structure at 619 North Governor Street to remain within 6 feet of the Governor Street right-of-way. 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 3-0, the Board approved EXC98-0028, a special exception to permit a front yard reduction of 14 feet along the 32 -foot width of the proposed house and porch for property in the Medium Density, Single -Family Residential (RS -8) zone at 619 North Governor Street, subject to Department of Planning and Community K Development approval of the exterior appearance of the attached garage being compatible with the Northside and Goosetown Neighborhoods prior to a building permit being issued for the garage. 2. EXC98-0029. Public hearing on a request submitted by MuKunda Kantamneni and Auto Tech Iowa L.C./Car-X to amend a March 12, 1997 special exception (EXC97- 0003) to revise the condition requiring that a six inch curb be located at the southern end of the site for property in the Community Commercial (CC -2) zone at 1410 Waterfront Drive. Findings of Fact: The Board finds that the CC -2 zone is intended to provide for major business districts which generate large amounts of traffic, and that the proposed muffler shop is compatible with the automobile -oriented shopping district south of Highway 6 and east of Gilbert Street. Requiring a physical traffic barrier instead of a six inch curb allows the property owner some flexibility in how to keep the traffic from becoming a cut -through route between the north and south portions of Waterfront Drive. The proposal by the applicant to use a gate and speed bump is a reasonable alternative to a curb. The Board finds that allowing the property to be accessed from two directions instead of just one will disperse traffic traveling to the site, which is beneficial to traffic circulation in the area. The legal agreement proposed by the applicant specifies that the traffic barrier will only allow the business employees to move vehicles across the barrier in the normal course of business operations. In the event the property does become a cut -through route for traffic, the City may notify the property owner of the violation and give the property owner time to rectify the situation. If the property continues to provide access between the two portions of Waterfront Drive for through traffic, the City may erect a barrier along the south boundary of the property to prohibit traffic from entering or exiting the property from the south. Conclusions of Law: The Board concludes that the proposed auto and truck -oriented use, a muffler shop, continues to be an appropriate use in the CC -2 zone at this location, and continues to meet the general standards for a special exception, as set forth in City Code Subsection 14 -4B -4B. The Board further concludes that it is reasonable to delete the condition that required a six-inch curb at the south end of the property at 1410 Waterfront Drive, and to replace it with a condition that a physical traffic barrier is required to prevent the property from becoming an access between the two portions of Waterfront Drive. Disposition: By a vote of 3-0, the Board approved EXC98-0029, a special exception to delete condition #4 of EXC97-0003, a special exception to permit an auto and truck and oriented use for property located in the Community Commercial zone at 1410 Waterfront Drive, and replace it with the following: "A physical traffic barrier is required to prevent the property from becoming an access between the two portions of Waterfront Drive, subject to staff approval of associated legal papers" that are tied to the special exception request. �o N ZZE pJ cn 3 TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. (City Code subsection 14-46-5E, City of Iowa City, Iowa [Lq�� • � � .� .moo �� '�a%K(h!' o Y Board of Adjustment, Chairperson City Attorney's Office 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 13th day of January, 1999, as the same appears of record in my office. Dated at Iowa City, Iowa, this I— day of 1999. I�iLc� -J Marian K. Karr, City Clerk ppdadmir0ecisiorvboa0l-13.doc t'o aD O —r1 T� N y :.71 _10 DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 10, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Michael Paul MEMBERS ABSENT: Kate Corcoran 020260 STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Anne SchuRN-ED NO. A-093 77Z�7 OTHERS PRESENT: Gregg Hartwig 99 FEB 24 Pfd 2:22 JOHNSON COUiI't'RECORDER IOPIA CITY. IOWA SPECIAL EXCEPTION ITEM: 1. EXC99-0001. Public hearing on an application submitted by Hartwig Properties for a special exception to permit an auto and truck -oriented use, that is, the expansion of a vehicle sales business, for property located in the Community Commercial (CC -2) zone at 621 Riverside Drive. Findings of Fact. The Board finds that the proposed expansion will address aesthetic and traffic -related issues for a segment of the commercial corridor along Riverside Drive. The proposed extension of the landscaped buffer along Riverside Drive north from the current Hartwig property will create a cohesive, attractive streetscape. The Board finds that the levels of vehicular traffic flows on and off the subject property will likely be reduced by more than two-thirds from the traffic levels experienced by the previous [restaurant] use of the property. The closure of the north access drive near the railroad viaduct will improve visibility for motorists on Riverside Drive. These factors will increase traffic safety and are consistent with Comprehensive Plan goals for this commercial area in the Southwest Planning District. The requested expansion will also be consistent with the economic goals of the Comprehensive Plan to "nurture existing businesses by encouraging their retention and expansion," and to "focus commercial development in defined commercial centers." The Board also finds that the proposed expansion will be compatible with and will have a positive effect on neighboring commercial properties. 000126 U M FEE D _ CO N N O t Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 319/3-5251 DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 10, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Michael Paul MEMBERS ABSENT: Kate Corcoran 020260 STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Anne SchuRN-ED NO. A-093 77Z�7 OTHERS PRESENT: Gregg Hartwig 99 FEB 24 Pfd 2:22 JOHNSON COUiI't'RECORDER IOPIA CITY. IOWA SPECIAL EXCEPTION ITEM: 1. EXC99-0001. Public hearing on an application submitted by Hartwig Properties for a special exception to permit an auto and truck -oriented use, that is, the expansion of a vehicle sales business, for property located in the Community Commercial (CC -2) zone at 621 Riverside Drive. Findings of Fact. The Board finds that the proposed expansion will address aesthetic and traffic -related issues for a segment of the commercial corridor along Riverside Drive. The proposed extension of the landscaped buffer along Riverside Drive north from the current Hartwig property will create a cohesive, attractive streetscape. The Board finds that the levels of vehicular traffic flows on and off the subject property will likely be reduced by more than two-thirds from the traffic levels experienced by the previous [restaurant] use of the property. The closure of the north access drive near the railroad viaduct will improve visibility for motorists on Riverside Drive. These factors will increase traffic safety and are consistent with Comprehensive Plan goals for this commercial area in the Southwest Planning District. The requested expansion will also be consistent with the economic goals of the Comprehensive Plan to "nurture existing businesses by encouraging their retention and expansion," and to "focus commercial development in defined commercial centers." The Board also finds that the proposed expansion will be compatible with and will have a positive effect on neighboring commercial properties. 000126 •1 2 Conclusions of Law: The Board concludes that subject to the conditions of approval, the application addresses the issues of safety, aesthetics and compatibility that are of concern when establishing an auto and truck -oriented use in a CC -2 zone under City Code subsection 14 -6E -5D1. The Board further concludes that the application is consistent with the economic goals and corridor improvement strategies set forth in the Comprehensive Plan, and meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-4B. Disposition: By a vote of 4-0, the Board approved EXC99-0001, a special exception to permit an auto and truck -oriented use, an outdoor motor vehicle display and sales lot for property located in the CC -2 zone at 621 S. Riverside Drive, subject to the applicant 1) establishing a landscaped buffer along the Riverside Drive frontage as approved by City staff, and 2) closing the north access drive on the subject property. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. (City Code subsection 14 -4B -5E, City of Iowa City, Iowa) Susan Bender, Chairperson STATE OF IOWA ) 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 10th day of February, 1999, the same as appears of record in my office. Dated at Iowa City, Iowa, this L2 day of e6 1999 CORPORATE SEAL ppd admin\decision\b oat -10. doc Mana". Karr, City Clerk 'op, Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 Findings of Fact: The Board finds that Youth Homes, Inc. provides counseling and rehabilitation services for troubled youths and their families, and this contributes positively to the public welfare of the community. By providing separate living and learning areas within the residential facility, the proposed classroom addition will provide more usable space for the Youth Homes residents and thereby aid the agency in providing services to its clientele. The maximum occupancy of the facility will continue to be 24 youth residents, which is well under the allowed maximum occupancy of 196 persons. Because there will be no increase in occupancy or intensity of the use, the proposed expansion will not negatively effect neighboring commercial properties or increase traffic in the area. The parking requirement will not increase and the means of vehicular access to the property will not change as a result of the expansion. The Board also notes that more parking has been provided than is required; the parking requirement will continue to be 27 parking spaces, and 38 parking spaces have been provided on the site. The 1993 findings of the Board, which found that the establishment of the Youth Homes facility at 1916 Waterfront Drive would be an appropriate use of the property, will not be altered by allowing a classroom addition to the Youth Homes facility in 1999. Conclusions of Law: The Board concludes that the proposed expansion of the group care facility addresses the issue of compatibility that is a concern when locating or expanding such a facility in the CI -1 zone under City Code subsection 14 -6E -4D4. The Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-4B. Disposition: On a vote of 4-0, the Board approved EXC99-0003, a special exception to permit the expansion of a group care facility, specifically to allow the construction of a 28 -foot by 40 -foot classroom addition to the Youth Homes facility located in the CIA zone at 1916 Waterfront Drive. 0002'4 DECISION FE C:)c a IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, MARCH 10, 1999 cn CIVIC CENTER COUNCIL CHAMBERS n u MEMBERS PRESENT: Susan Bender, T. J. Brandt, Michael Paul, Kate Corcoran iv MEMBERS ABSENT: Lowell Brandt _ STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Wendy LaRive FILED NO. B00K yRA [_ OTHERS PRESENT: Mary Chval /--T- L0 99HR 16 Pfd SPECIAL EXCEPTION ITEM: JOHNSON COUPiTY P,ECORDER IOWA CITY, lOt4'A 1. EXC99-0003. Public hearing on an application submitted by Youth Homes, Inc. for a special exception to permit an expansion of a group care facility, that is, the construction of a classroom addition, for property located in the Intensive Commercial (CI -1) zone at 1916 Waterfront Drive. Findings of Fact: The Board finds that Youth Homes, Inc. provides counseling and rehabilitation services for troubled youths and their families, and this contributes positively to the public welfare of the community. By providing separate living and learning areas within the residential facility, the proposed classroom addition will provide more usable space for the Youth Homes residents and thereby aid the agency in providing services to its clientele. The maximum occupancy of the facility will continue to be 24 youth residents, which is well under the allowed maximum occupancy of 196 persons. Because there will be no increase in occupancy or intensity of the use, the proposed expansion will not negatively effect neighboring commercial properties or increase traffic in the area. The parking requirement will not increase and the means of vehicular access to the property will not change as a result of the expansion. The Board also notes that more parking has been provided than is required; the parking requirement will continue to be 27 parking spaces, and 38 parking spaces have been provided on the site. The 1993 findings of the Board, which found that the establishment of the Youth Homes facility at 1916 Waterfront Drive would be an appropriate use of the property, will not be altered by allowing a classroom addition to the Youth Homes facility in 1999. Conclusions of Law: The Board concludes that the proposed expansion of the group care facility addresses the issue of compatibility that is a concern when locating or expanding such a facility in the CI -1 zone under City Code subsection 14 -6E -4D4. The Board further concludes that the application meets the general standards for granting a special exception, as set forth in City Code subsection 14-46-4B. Disposition: On a vote of 4-0, the Board approved EXC99-0003, a special exception to permit the expansion of a group care facility, specifically to allow the construction of a 28 -foot by 40 -foot classroom addition to the Youth Homes facility located in the CIA zone at 1916 Waterfront Drive. 0002'4 i t - Iowa City Board of Adjustment Meeting Decisions March 10, 1999 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 14-413-5E, City of Iowa City, Iowa) Susan Bender, Chairperson STATE OF IOWA JOHNSON COUNTY ) 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 10`h day of March, 1999, the same as appears of record in my office. Dated at Iowa City, Iowa, this 15 day of , 1999. SEAL t Mari K. Karr, City Clerk ppdadmiNdec1s1oNboa08-10.doc 0002'75 l(J O n— Cil - --a O_ N N N DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, APRIL 14, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, MEMBERS ABSENT: None FILED NO. 025406 BOOKS x ACE 99 GPR 28 AN 9: 18 Kate Corcoran, �VShael Paul J 0 4 COUi:1 Y RECORDER IOWA CITY. IOWA STAFF PRESENT: Dennis Mitchell, Melody Rockwell, John Yapp, Traci Wagner OTHERS PRESENT: Tim Herold, Ronald Owings, Don Schumacher, Steve Harding, Tim Lehman, Frank Person •► u EXC98-0005. Public hearing on a request submitted by Croell Redi-Mix to extend a March 11, 1998, Board decision approving a special exception to allow a cementitious concrete batch mix plant, including a temporary office and 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 although the applicant experienced unavoidable delays in completing construction and receiving equipment for the permanent office and plant, the applicant has made considerable progress in the construction of the permanent facility. The request for a six-month extension to keep the temporary office and plant open is, in the Board's view, modest and reasonable, and in no way contravenes the Board's original decision in this case. Conclusions of Law: The Board concludes in accordance with City Code subsection 1446-4E, that the applicant has shown good cause for the extension, and it is prudent and reasonable for the Board to grant the six-month extension. The Board further concludes that the applicant continues to meet the general standards for granting a special exception, as set forth in City Code subsection 144646. Disposition: On a vote of 5-0, the Board approved an amendment to a condition of approval of EXC99-0005. the March 11, 1998, Board decision, by extending the deadline for removal of the temporary office and plant to June 30, 1999. 2. EXC99-0004. Public hearing on an application submitted by Ronald and Cecile Owings for a special exception to permit a rear and side yard modification in order to allow a residential/garage addition to be constructed on property located in the Low Density Single - Family Residential (RS -5) zone at 2225 Court Street. O to ree q � ,Z � C- - N co -< N Planner, City Iowa City, 410 E. Washington, Iowa City, IA 52240319-35251 0 Prepared by Melody Rockwell, Associate of DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, APRIL 14, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, MEMBERS ABSENT: None FILED NO. 025406 BOOKS x ACE 99 GPR 28 AN 9: 18 Kate Corcoran, �VShael Paul J 0 4 COUi:1 Y RECORDER IOWA CITY. IOWA STAFF PRESENT: Dennis Mitchell, Melody Rockwell, John Yapp, Traci Wagner OTHERS PRESENT: Tim Herold, Ronald Owings, Don Schumacher, Steve Harding, Tim Lehman, Frank Person •► u EXC98-0005. Public hearing on a request submitted by Croell Redi-Mix to extend a March 11, 1998, Board decision approving a special exception to allow a cementitious concrete batch mix plant, including a temporary office and 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 although the applicant experienced unavoidable delays in completing construction and receiving equipment for the permanent office and plant, the applicant has made considerable progress in the construction of the permanent facility. The request for a six-month extension to keep the temporary office and plant open is, in the Board's view, modest and reasonable, and in no way contravenes the Board's original decision in this case. Conclusions of Law: The Board concludes in accordance with City Code subsection 1446-4E, that the applicant has shown good cause for the extension, and it is prudent and reasonable for the Board to grant the six-month extension. The Board further concludes that the applicant continues to meet the general standards for granting a special exception, as set forth in City Code subsection 144646. Disposition: On a vote of 5-0, the Board approved an amendment to a condition of approval of EXC99-0005. the March 11, 1998, Board decision, by extending the deadline for removal of the temporary office and plant to June 30, 1999. 2. EXC99-0004. Public hearing on an application submitted by Ronald and Cecile Owings for a special exception to permit a rear and side yard modification in order to allow a residential/garage addition to be constructed on property located in the Low Density Single - Family Residential (RS -5) zone at 2225 Court Street. Iowa City Board of Adjustment Meeting Decisions �.-. April 14, 1999 — N 7 Page 2 r _ W i_� Findings of Fact: The Board finds that the property is located on the:c-DcornerNf a_ I5usy intersection of two arterial streets and directly across from an elementary scrrbol thqsgenerates a high level of pedestrian and vehicular traffic. The applicants' proposal to locate the residential/garage addition on the southwest portion of the site will improve public safety to the extent that it will reduce the need to switch cars around in the drive and back out onto Court Street in a high -traffic area. The addition is proposed to be set well back from the street, and so will not hinder visibility at the intersection. The size of the addition is not excessive, and the impact on neighboring property owners will be mitigated, because of the orientation and location of the addition in relation to the back yards of the adjacent residential properties to the south and west. The addition will not increase the density of the property or the use of municipal facilities, but will add to the value of the property, and thereby serve to help upgrade the neighborhood and add to the tax base of the City. Conclusions of Law: The Board concludes that the applicants' request to modify the rear and side yard requirements on their property meets the specific standards of uniqueness and practical difficulty as specified in City Code subsection 14 -6Q -4B, which sets forth the criteria for granting exceptions to established setbacks. The Board further concludes that the size, orientation and location of the residential/garage addition meet the general standards for granting a special exception, as set forth in City Code subsection 14 -4B -4B. Disposition: On a vote of 5-0, the Board approved EXC99-0004, a special exception to reduce the rear yard requirement (along the south lot line) from 20 feet to 9 feet for the 36 -foot width of the proposed residential/garage addition, and to reduce the side yard requirement (along the west lot line) from five feet to three feet for the 24 -foot length of the addition for property located in the RS -5 zone at 2225 Court Street. 3. EXC99-0005. Public hearing on an application submitted by Don Schumacher/ Towncrest Amoco for a special exception to permit an expansion of an auto and truck -oriented use, a convenience store associated with a filling station, for property located in the Community Commercial (CC -2) zone at 2315 Muscatine Avenue. Findings of Fact: The Board finds that the area surrounding the proposed convenience store/filling station is mainly commercial, and the request property is separated from a nearby residential property by a change in grade and evergreen trees. The applicant is willing to improve this buffer between the auto and truck -oriented use and the residential property by adding evergreen landscaping in the southwest portion of the site. The redesign and upgrade of the property, including closing a curb cut near an intersection and separating the car wash entrance lane from other pedestrian and vehicular areas of activity on the site, should improve the traffic flow on and off the site, and thereby enhance public safety. The elimination of the vehicle repair stations and two of the eight fueling stations should result in less noise associated with the business. The Board finds that the use of the property as a convenience store/filling station/one-bay car wash is appropriate, and the upgrading of the property, including the new building, pump facilities and additional landscaping and street trees, will improve appearance of the commercial corridor along Muscatine Avenue. 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 14-413-413. %D LO Iowa City Board of Adjustment Meeting Decisions o a April 14, 1999 70 a Page 3 Disposition: On a vote of 5-0, the Board approved EXC99-0005, a special exception to-permit a convenience store, gasoline filling station with six fueling stations and a one bay car wain to be located on property in the CC-2 zone at 2315 Muscatine Avenue, subject to general conformance with the site plan dated February 25, 1999. 4. EXC99-0008. Public hearing on an application submitted by Steven Harding, on behalf of property owners James E. and Richard H. Leu, for a special exception to establish an auto and truck -oriented use, a pizza delivery and carryout business, and a special exception to modify the off-street parking requirements, for property located in the Community Commercial (CC -2) zone at 517 Riverside Drive. Findings of Fact: The Board finds that the applicant's willingness to narrow the access drive and define it through means of landscaped islands should improve ingress/egress safety for vehicles using the site as well as those passing by on Riverside Drive. The pizza delivery and carryout business is an appropriate and compatible use in this commercial area. A recent City survey of similar restaurant facilities showed that excess parking is being required for delivery and carry- out restaurants with no seating. The Board finds that the amount of parking to be provided on the site should prove more than adequate for the proposed use. The proposed commercial reuse of the existing building and the provision of landscaping and a sidewalk along Riverside Drive will upgrade the property consistent with Comprehensive Plan policy guidelines for this commercial area. Conclusions of Law: The Board concludes that subject to the conditions of approval, the application addresses the issues of safety, aesthetics and compatibility that are of concern when establishing an auto and truck -oriented use in a CC -2 zone under City Code subsection 14 -6E - 5D1. The Board concludes that the research provided by staff demonstrates that the application meets the criteria for reducing the parking requirements by 50%, as specified in City Code subsection 14-6N-1Cb4. The Board further concludes that the application is consistent with the corridor improvement strategies set forth in the Comprehensive Plan, and meets the general standards for granting a special exception, as set forth in City Code subsection 144646. Disposition: On a vote of 5-0, the Board approved EXC99-0008a special exception to permit an auto and truck -oriented use, a pizza delivery and carryout business, and a reduction in the parking requirement specifically for the pizza delivery and carryout business by 50%, or 11 off- street parking spaces, for property located in the CC -2 zone at 517 S. Riverside Drive, subject to the access drive and landscaped tree island design conforming to city standards. 1. VAR99-0001. Public hearing on an application submitted by Frank G. Person for a variance to permit building coverage above the 40% maximum requirement for property located in the Neighborhood Conservation Residential (RNC -12) zone at 321/323 E. Davenport Street. Public Interest Elements: The Board finds the public interest element for granting a variance is less affected in this case, because the requested screened -in porch is proposed to be located at the rear of the existing ressiidoo 1,suy�ture and would be relatively hidden from LO CD Iowa City Board of Adjustment Meeting Decisions > __ a April 14, 1999 ' w Page 4 the streetscape. However, the Neighborhood Conservation Residential '(RNCA1 ; zone, which has been in effect for this property since 1995, is intended to address concerns about density and crowding. That is why the standard of 40% maximum building coverage was put in place. The proposed screened -in porch would contribute to the sense of crowding of buildings on a site that has poorly maintained and potentially unsound existing structures. Tests of Hardship: ♦ The Board finds there is no reasonable return hardship. Although the applicant may face the loss of some building materials if the variance is not approved, the effect of the building coverage zoning requirement is not confiscatory in nature. The property can continue to be used for any purpose that is permitted in the RNC -12 zone; that is, the applicant can continue to use the property as a residential property without building a screened -in porch. ♦ The Board finds nothing so unique or constraining about the property in terms of topography, shape or other factors inherently part of the property that are compelling enough to set the maximum building coverage requirements of the Zoning Chapter aside. At 6,000 square feet, the lot area of the property is 1,000 square feet larger than the minimum 5,000 square foot lot size that is required in the RNC -12 zone. The fairly large garage structure for which the applicant received a building permit in 1966 and the tool shed are used mainly as storage structures. These accessory structures contribute to the excess building coverage situation, and are not a function of any unique features of the property. The Board further finds that the applicant could pursue the option of reducing the square footage of the accessory buildings or the addition on the east side of the residence in order to construct a screened -in porch in compliance with the maximum building coverage requirement for his property. ♦ The Board finds that the zoning change from RM -12 to RNC -12, which changed the building coverage maximum from 50% to 40%, was not a hardship of the landowner's own making, but the delay of over six years in completing the project is a significant time passage for which the owner is responsible. The Board finds that the landowner saying that he was not acquainted with the law does not counteract his delay or his lack of keeping in touch with the City to resolve these issues in a timely manner. Conclusions of Law: The Board concludes that the application for a variance to increase the nonconforming building coverage of the lot under its current zoning does not meet the rigorous standards for granting a variance; it does not fully meet the public interest elements and it fails to meet the reasonable return and uniqueness tests of hardship or wholly meet the landowner's own making test of hardship. In accordance with City Code subsection 14 -4B -4C, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the public interest and unnecessary hardship elements are met. Disposition: On a vote of 0-5 on an affirmative motion, the Board denied VAR99-0001, a variance to permit building coverage of up to 48% in order to allow construction of a 16 -foot by 16 -foot screened -in porch to the rear of the existing residential structure for property located in the RNC -12 zone at 321/323 E. Davenport Street. Iowa City Board of Adjustment Meeting Decisions April 14, 1999 Page 5 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) Susan Bender, Chairperson STATE OF IOWA JOHNSON COUNTY 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 14' day of April, 1999, as the same appears of record in my office. Dated at Iowa City, Iowa, this day of 1999. or ppdadminldecisionfta4-14 doc 3�� e, 7i2/i7/ SFAS Mari K. Karr, City Clerk 0000'72 O A �� D_ 70 N O v <n J-1 Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E Washington, Iowa City, IA 52240; 319/356- 5251 DECISIONS FILED N0. 02 iS2S IOWA CITY BOARD OF ADJUSTMENT 9001(m11'-�' �r WEDNESDAY, MAY 12, 1999-5 P.M. 991111'Cl`24 AN 10 07 CIVIC CENTER COUNCIL CHAMBERS COEJ!v 1' RECORDER MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Kaid)','GdtdbfMWA Michael Paul MEMBERS ABSENT: None STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Traci Wagner OTHERS PRESENT: Mark Blumberg, Mike Lilleg EXC99-0009. Public hearing on an application submitted by Mark S. Blumberg for a special exception to reduce the required ten -foot side yard setback area for a hot tub for property located in the Low Density Single -Family Residential (RS -5) zone at 536 S. Summit Street. Findings of Fact: The Board finds that a peculiarity of the situation is due to the way in which the hot tub was designed as an integral part of the building plans for an addition and deck. These plans received approvals from both the Historic Preservation Commission and the Housing and Inspection Services Department, and the applicant proceeded to construct the improvements accordingly. There appear to be no practical alternatives to locate the hot tub elsewhere on the property, and the Board finds that the proposed location of the hot tub will make it easier to monitor it from the residence. This will enhance the level of safety associated with the hot tub. The substantial encroachment (90%) of the hot tub into the required setback area and its proposed proximity to the north lot line is offset to some extent by the six-foot, eight -inch high solid wood fence that is situated along the north lot line. Lattice added to the top of this fence tends to increase the sense of privacy between the hot tub and the neighboring property to the north. Requiring a reduced level of lighting in the hot tub area will also ameliorate the impacts of the hot tub on the adjacent property. Allowing the hot tub to be placed only one foot off the north property line will not prevent the neighboring property owners from constructing buildings on their property in a way that is permitted by code. The Board further finds that the hot tub is not a permanent structure, and could be moved should that ever be required. Conclusions of Law: The Board concludes that with the conditions of approval, the application meets the specific standards 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 -6W -4B. 000148 ,� FEE . o 3 :*ca <r a e l lY • v <n J-1 Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E Washington, Iowa City, IA 52240; 319/356- 5251 DECISIONS FILED N0. 02 iS2S IOWA CITY BOARD OF ADJUSTMENT 9001(m11'-�' �r WEDNESDAY, MAY 12, 1999-5 P.M. 991111'Cl`24 AN 10 07 CIVIC CENTER COUNCIL CHAMBERS COEJ!v 1' RECORDER MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Kaid)','GdtdbfMWA Michael Paul MEMBERS ABSENT: None STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Traci Wagner OTHERS PRESENT: Mark Blumberg, Mike Lilleg EXC99-0009. Public hearing on an application submitted by Mark S. Blumberg for a special exception to reduce the required ten -foot side yard setback area for a hot tub for property located in the Low Density Single -Family Residential (RS -5) zone at 536 S. Summit Street. Findings of Fact: The Board finds that a peculiarity of the situation is due to the way in which the hot tub was designed as an integral part of the building plans for an addition and deck. These plans received approvals from both the Historic Preservation Commission and the Housing and Inspection Services Department, and the applicant proceeded to construct the improvements accordingly. There appear to be no practical alternatives to locate the hot tub elsewhere on the property, and the Board finds that the proposed location of the hot tub will make it easier to monitor it from the residence. This will enhance the level of safety associated with the hot tub. The substantial encroachment (90%) of the hot tub into the required setback area and its proposed proximity to the north lot line is offset to some extent by the six-foot, eight -inch high solid wood fence that is situated along the north lot line. Lattice added to the top of this fence tends to increase the sense of privacy between the hot tub and the neighboring property to the north. Requiring a reduced level of lighting in the hot tub area will also ameliorate the impacts of the hot tub on the adjacent property. Allowing the hot tub to be placed only one foot off the north property line will not prevent the neighboring property owners from constructing buildings on their property in a way that is permitted by code. The Board further finds that the hot tub is not a permanent structure, and could be moved should that ever be required. Conclusions of Law: The Board concludes that with the conditions of approval, the application meets the specific standards 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 -6W -4B. 000148 2 Disposition: The Board, by a vote of 5-0, approved EXC99-0009, a special exception to reduce the setback requirement for a hot tub from ten feet to one foot for the seven -foot, eight -inch length of a hot tub for property located in the RS -5 zone at 536 S. Summit Street, subject to the property owner maintaining the fence along the north lot line as a solid wood fence a minimum of six feet in height and any lighting installed in the hot tub area being mounted no higher than the height of the fence along the north lot line with that lighting being shielded and/or downcast so as not to exceed one -foot candle at the north lot line. 2. EXC99-0011. Public hearing on an application submitted by Michael and Lorna Lilleg for a special exception to permit a front yard modification for a 12 -foot by 14 -foot deck along Lukirk Street for property located in the Low Density Single -Family Residential (RS -5) zone at 1002 Highland Avenue. Findings of Fact: The Board finds that the encroachment (5%) of the deck into the required front yard along Lukirk Street is minimal in both substance and effect. Because there are not walls or a roof involved, the deck addition will not be visually obstrusive. The orientation of the deck in relation to streets, alleys and the rear yards/vacant lot in the vicinity is such that it should cause no interference with the use and enjoyment of neighboring properties. Lukirk Street is not a through street and is not heavily traveled. The proposed deck will upgrade the residential property without obstructing the visibility for pedestrians or drivers of vehicles. The encroachment is small and not inconsistent with other homes in the area. There appears to be no practical alternative to what is proposed by the applicant. Conclusions of Law: The Board concludes that the application meets the specific standards for granting 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 -6W -4B. Disposition: The Board approved, by a vote of 5-0, EXC99-0011, a special exception to reduce the front yard setback requirement from 12 feet to 7 feet for a 12 -foot by 14 -foot open deck for property located in the RS -5 zone at 1002 Highland Avenue. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement under the terms of the Board's order of decision. (City Code subsection 14 -6W -3E) Board of Adjustment, Chairperson s i9 99 City Attorney's Office ®®®1.49 kD 0 w �~ O ---it © T a i\ K 3 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 May, 1999, as the same appears of record in my office. Dated at Iowa City, Iowa, this _day of 2r 1999. ppdad min\dec\boas-12.doc 00,0150 Marian Karr, City Clerk Sot v7 _ O tD D :JI CJ1 r► FEE FILED NV.30960 Prepared by John Yapp, Assoc. Planner, City of Iowa City, 410 E Washington, Iowa City, IA 5229 pWn Gr DECISIONS 99 JUN 29 nN 9: 19 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 9,1999 — 5 P.M. CIVIC CENTER COUNCIL CHAMBERS JOHNSON CULNIY RECORDER IOWA CITY, IOWA SPECIAL EXCEPTION ITEMS: 1. EXC99-0012. Public hearing on a request submitted by Southgate Development Company Inc. for a special exception to allow off-street parking on a separate lot for property located in the Intensive Commercial (CI -1) zone at 1925 Boyrum Street. Findings of Fact: The Board finds that the demand for parking on the property at 1925 Boyrum Street is evident due to the higher employee occupant load for the telecommunications use than is generally anticipated for an office use, and due to the fact that no additional area is available on the property for parking. Observation of the property has confirmed vehicles are parked in every available space, in aisles and drives, and on adjacent streets and properties. The Board finds that the proposed parking area is within 220 feet of the MCI building, meeting the maximum 300 feet separation distance. The Board notes that there is some concern with pedestrians crossing Southgate Avenue from the proposed parking lot to the MCI building mid -block, but finds that there is good visibility on Southgate Avenue, lessening the concerns with pedestrians crossing at mid -block. The Board finds that the obvious demand for additional parking for an existing business outweighs the desire to not use a commercial lot solely for a surface parking lot. The Board notes that the preservation of the 30 -foot wide drainage easement along the south property line provides a better buffer between the parking lot and the residential area to the south than if the drainage easement were used as a parking area. Requiring a six-foot solid wood fence along the south lot line, the lights to be downcast and shielded, and landscaping between the fence and the parking area will help ameliorate any negative effects of the parking lot on the residential area to the south. Conclusions of Law: The Board concludes that with the conditions of approval, the application meets the specific standards for allowing off-street parking to be located 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 14-6W-46. Disposition: The Board approved, by a vote of 4-0, EXC99-0012, a special exception to permit off-street parking on property located at 439 Southgate Avenue to serve a telecommunications company use located at 1925 Boyrum Street, subject to 1) a six-foot high, solid wood fence being constructed along the south lot line, 2) any parking area light fixtures being mounted no higher than 25 feet, being downcast and shielded, and causing no more than 1.0 footcandles of light along the south prope line, 3) the construction of the 0002'71 MEMBERS PRESENT: o C_ Susan Bender, Lowell Brandt, Kate Corcoran, Michqp'�PauF N _ W MEMBERS ABSENT: T.J. Brandt ---o c-, STAFF PRESENT: Dennis Mitchell, Traci Wagner, John Yapp OTHERS PRESENT: Harry Wolf SPECIAL EXCEPTION ITEMS: 1. EXC99-0012. Public hearing on a request submitted by Southgate Development Company Inc. for a special exception to allow off-street parking on a separate lot for property located in the Intensive Commercial (CI -1) zone at 1925 Boyrum Street. Findings of Fact: The Board finds that the demand for parking on the property at 1925 Boyrum Street is evident due to the higher employee occupant load for the telecommunications use than is generally anticipated for an office use, and due to the fact that no additional area is available on the property for parking. Observation of the property has confirmed vehicles are parked in every available space, in aisles and drives, and on adjacent streets and properties. The Board finds that the proposed parking area is within 220 feet of the MCI building, meeting the maximum 300 feet separation distance. The Board notes that there is some concern with pedestrians crossing Southgate Avenue from the proposed parking lot to the MCI building mid -block, but finds that there is good visibility on Southgate Avenue, lessening the concerns with pedestrians crossing at mid -block. The Board finds that the obvious demand for additional parking for an existing business outweighs the desire to not use a commercial lot solely for a surface parking lot. The Board notes that the preservation of the 30 -foot wide drainage easement along the south property line provides a better buffer between the parking lot and the residential area to the south than if the drainage easement were used as a parking area. Requiring a six-foot solid wood fence along the south lot line, the lights to be downcast and shielded, and landscaping between the fence and the parking area will help ameliorate any negative effects of the parking lot on the residential area to the south. Conclusions of Law: The Board concludes that with the conditions of approval, the application meets the specific standards for allowing off-street parking to be located 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 14-6W-46. Disposition: The Board approved, by a vote of 4-0, EXC99-0012, a special exception to permit off-street parking on property located at 439 Southgate Avenue to serve a telecommunications company use located at 1925 Boyrum Street, subject to 1) a six-foot high, solid wood fence being constructed along the south lot line, 2) any parking area light fixtures being mounted no higher than 25 feet, being downcast and shielded, and causing no more than 1.0 footcandles of light along the south prope line, 3) the construction of the 0002'71 Iowa City Board of Adjustment Decisions June 9, 1999 Page 2 parking area being in general conformance with the site plan date-stamped June 9, 1999, (Attachment A) 4) if landscaping other than standard evergreen screening is provided between the fence and parking area paving, such landscaping being approved by City staff, and 5) Public Works staff approval of the parking lot design date-stamped June 9, 1999. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on application action, shall expire six 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 -6W -3E). Board of Adjustment, Chairperson STATE OF IOWA JOHNSON COUNTY zw -t71o4 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 t2h day of4_01ty, 1999, as the same appears of record in my office. 9 4,A., Dated at Iowa City, Iowa, this J.94-4 day of '1999. ppdadmnW ecisions\boa6-9-99.d. 9yaAlo Marian K. Karr, City Clerk CORPORATE SEAL 000272 CJ ld <r" �. M 0= -, . r .. is O C- -I-- O a Z Q Q J U U CL X N W of a o Q � N X L D a P Mid -Eastern Council on Chemical Abuse --clinic-- Braverman Trust contract to MECCA --office-- Southgate Avenue Sl I N (— w° 3.0' —� ! N X e Southgate Development --MCI office -- 4' concrete sidewalk 9' planted curbed island 22' aisle (typical) f lights Southgate f%, I iO1 Development a I n --vacant-- » W t.I e $ I1z zit1 1 I I__I I__1 I J I I I 1.1 11 I I . I large variety tree (typ)—_� I N89'48'501.. 27.00' 589.45'50'w 180.01' Michael & Janet Dahlen --Hilltop Mobile Home Park-- �� Greg R. Redlin v*' --Signs & Screenprir --Space for Everyth 3 N b I 6' high wooden fence screening Prepared by: John Yapp, Associate Planner, 410 E. Washington, Iowa City DECISION JOHNSON COUNTY RECORDER IOWA CITY BOARD OF ADJUSTMENT IOWA CITY. IOWA WEDNESDAY, July 14, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Kate Corcoran, Michael Paul MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: SPECIAL EXCEPTION ITEM: None Dennis Mitchell, Anne Schulte, John Yapp None EXC99-0013. Public hearing on an application submitted by Carl Stieglitz for a special exception to reduce a front yard to allow the construction of an open porch, and to allow the construction of a 6 -foot high fence, for property located in the Low Density Single -Family Residential (RS -5) zone at 811 Florence Street. Findings of Fact: The Board finds the applicant has withdrawn his request for a special exception to reduce a front yard to allow the construction of a 6 -foot high fence. Regarding the special exception to reduce the front yard to allow the construction of an 8 -foot wide open porch, the Board finds that Florence Street has an unusually wide 80 -foot right-of-way. The Board finds that reducing the front yard from 20 feet to 16 feet to allow for an 8 -foot wide open porch will not impede sight distance along Florence Street, Keokuk Street, or any sidewalks or driveways. The Board finds that adding a porch to the home will likely upgrade the property, and will not be detrimental to the neighborhood. Conclusions of Law: The Board concludes that the applicants' request to reduce the front yard setback on the property at 811 Florence Street meets the specific standards of uniqueness and practical difficulty as specified in City Code subsection 14 -6Q -4B, which sets forth the criteria for granting exceptions to established setbacks. The Board further concludes that the proposed setback reduction for an open porch which does not impede visibility along any streets, sidewalks, or driveways, nor does it impede the use of any adjacent properties, meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: On a vote of 5-0, the Board approved EXC99-0013, a special exception to reduce the front yard setback from 20 feet to 16 feet along the 43 foot length of an open porch on the north side of the property located in the RS -5 zone at 811 Florence Street. 000132 I w Ci =, b "'C G�7 �fn fn W�m 003579 o, n-< �o FILED k0. BOOK QQq IA 52240; 319/356-5247 99 AUG -5 PH 3: 26 DECISION JOHNSON COUNTY RECORDER IOWA CITY BOARD OF ADJUSTMENT IOWA CITY. IOWA WEDNESDAY, July 14, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Kate Corcoran, Michael Paul MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: SPECIAL EXCEPTION ITEM: None Dennis Mitchell, Anne Schulte, John Yapp None EXC99-0013. Public hearing on an application submitted by Carl Stieglitz for a special exception to reduce a front yard to allow the construction of an open porch, and to allow the construction of a 6 -foot high fence, for property located in the Low Density Single -Family Residential (RS -5) zone at 811 Florence Street. Findings of Fact: The Board finds the applicant has withdrawn his request for a special exception to reduce a front yard to allow the construction of a 6 -foot high fence. Regarding the special exception to reduce the front yard to allow the construction of an 8 -foot wide open porch, the Board finds that Florence Street has an unusually wide 80 -foot right-of-way. The Board finds that reducing the front yard from 20 feet to 16 feet to allow for an 8 -foot wide open porch will not impede sight distance along Florence Street, Keokuk Street, or any sidewalks or driveways. The Board finds that adding a porch to the home will likely upgrade the property, and will not be detrimental to the neighborhood. Conclusions of Law: The Board concludes that the applicants' request to reduce the front yard setback on the property at 811 Florence Street meets the specific standards of uniqueness and practical difficulty as specified in City Code subsection 14 -6Q -4B, which sets forth the criteria for granting exceptions to established setbacks. The Board further concludes that the proposed setback reduction for an open porch which does not impede visibility along any streets, sidewalks, or driveways, nor does it impede the use of any adjacent properties, meets the general standards for granting a special exception, as set forth in City Code subsection 14-413-413. Disposition: On a vote of 5-0, the Board approved EXC99-0013, a special exception to reduce the front yard setback from 20 feet to 16 feet along the 43 foot length of an open porch on the north side of the property located in the RS -5 zone at 811 Florence Street. 000132 Iowa City Board of Adjustment Minutes July 14, 1999 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 authorized under the terms of the Board's order of decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. �ai�� 4✓Af STATE OF IOWA JOHNSON COUNTY ApZ by: 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 11V day of, 1999, as the same appears of record in my Office. Dated at Iowa City, this day of 1999. ppdadMde isbNbW-l499.dm Maria K. Karr, City Clerk CORPORATE SEAL 000133 o ar' C= �� ), _n N r 2' Do eG m v iTi D N Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319/3W*5251 DECISIONS FILED NO. 00,91 Sfi- IOWA CITY BOARD OF ADJUSTMENT MEETING BOO PACE WEDNESDAY, AUGUST 11, 1999 - 5 P.M. Q�5iOQ��JJ CIVIC CENTER COUNCIL CHAMBERS 9yN9t�rA CC 23 PN 2: 59 MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, MichaeQ aiwo COUNTY CITY IOWA MEMBERS ABSENT: Kate Corcoran STAFF PRESENT: Sarah Holecek, Melody Rockwell, Anne Schulte OTHERS PRESENT: Merlin Lawrence, John Cruise, John Stamler, Robert N. Staley SPECIAL EXCEPTION ITEMS: EXC99-0014. Public hearing on an application submitted by Dial Iowa City Land Development, L.L.C. for a special exception to permit a reduction in off-street parking for a 68 -unit assisted living facility on Lot 1, Silvercrest Retirement Community in the Planned Development Housing Overlay (OPDH-12) zone at the southeast corner of the Scott Boulevard and American Legion Road intersection. Findings of Fact: The Board finds that the 1998 American Seniors Housing Association study, entitled "Assisted Living Residences: A Study of Traffic & Parking," which was provided as part of the application demonstrates that less parking is needed for elder residential facilities of this type. The Board finds that the applicant's experience with assisted living facilities in the Midwest also shows there is a reduced parking demand for this type of facility. The demographics of such facilities, where the average age of residents is over 80 years and few to none of the residents own or drive vehicles, support the request for a reduced level of parking. The provision of van service for the residents further reduces the need for on-site parking. Approval of the reduced parking is contingent on the use remaining an assisted living facility. Requiring that 34 spaces be landbanked, instead of provided at this time, will improve the appearance of the site by allowing for less concrete, but more landscaping of the property. It will lessen runoff and drainage concerns. However, if the uses on the property change over time and more parking is needed in the future, the Iandbanked spaces can be converted at the City's direction to meet that need. Conclusions of Law: The Board concludes that the applicant has demonstrated that the City's off-street parking requirement is overly stringent for the proposed assisted living residential use; that the application meets the specific standards for reducing off-street parking requirements by up to 50 percent, as set forth in City Code 14 -6N -1H. The Board further concludes that subject to the conditions of approval, the application meets the general review standards for granting a special exception, as set forth in City Code subsection 14 -6W -2B. Disposition: By a vote of 4-0, the Board approved EXC99-0014, a special exception to reduce the off-street parking requirement from 68 parking spaces to 34 parking spaces for a 68 -unit assisted living facility for property located in the OPDH-12 zone on Lot 1 of the Silvercrest Retirement community at the southeast corner of the Scott Boulevard/American Legion Road intersection, subject to 1) the condition that the parking reduction is tied 2 specifically to the use of the property for an assisted living facility for elders and/or persons with disabilities and that upon a change in use of the subject property, the special exception for a reduction of parking granted herein shall automatically expire; and 2) the applicant delineating on the site plan the area that will be landbanked for 34 off-street parking spaces that the City may require to be provided if the City determines that additional parking is needed in the future. 2. EXC99-0015. Public hearing on an application submitted by Hodge Construction for special exceptions to permit residential dwellings above the ground floor of a use permitted in the Community Commercial (CC -2) zone, to modify the front yard requirements to allow a porch and parking area paving to be installed along the Gilbert Court right-of-way, and to reduce the side yard requirement for a three-story building for property located at 813 Gilbert Court. Findinas of Fact: Dwelling Units in the CC -2 Zone. The Board finds that the proposed duplex residence above the ground level will provide an upgraded use of the property at a fairly low density. Seven dwelling units could be established on this site and only two units are being requested. Having fewer dwelling units on the site means that excess parking spaces can be provided on the property, which will help ameliorate the parking congestion being experienced in the area. The orientation of the residential units with the front doors facing Gilbert Court makes the structure more compatible with the residential zoning along that street. It will serve as a suitable transitional buffer between commercial uses to the north and west and the residential uses to the east and south. The use of the railroad line in front of the residences will diminish when the switching station in the Amanas is completed later this year, and this will make it a better place for residences to be located. The restriction of vehicular and pedestrian traffic along Gilbert Court, including the removal of the existing drive and its replacement with landscaping, and the encouragement for such traffic to occur on the lower Gilbert Street level will enhance residential safety on this property. Front Yard Modification (Porch). The Board finds that the peculiarity of the property involves the topography of the site, such that the residential portion of the structure will be level with Gilbert Court, a street that has residentially -zoned properties. A front porch will soften the east fagade of the building and give it more of a residential appearance. It will help the structure blend better with the residential properties along Gilbert Court without creating harm to those neighboring properties. The porch involves a relatively minor reduction (7%) of the front yard setback requirement. Front Yard Modification (Off -Street Parking). The Board finds that the actual parking area will be set well below the Gilbert Court street level and there will be no direct vehicular access from Gilbert Court to the parking area. A condition of approval requires that landscaping be provided between the parking area and the Gilbert Court right-of-way. Providing additional parking will alleviate parking congestion that is already being experienced in the Kennedy Plaza area. Given these factors, the Board finds that the impact of allowing parking in the front yard along Gilbert Court will be fairly minimal and may actually improve the existing situation. _ Side Yard Modification (Three -Story Building adjacent to RS -8 Zone). Thed fins that due to the change in topography on the site, the building will appear to be Aly:Ro series height from the residential street side of the property, and will have a coma le etevati in relation to the other residential structures along Gilbert Court. RecLp_oip evl gr screening along the south lot line will further serve to ameliorate the effects4H�he s y reduction on adjacent RS -8 zoned properties. �5 �N ry 000089 D w Conclusions of Law: The Board concludes that the applicant has shown that permitting a duplex above a ground floor commercial use will be a suitable use in this case and will meet the technical requirements for establishing dwelling units in the Community Commercial (CC -2) zone, as set forth in City Code subsection 14 -6D -5D4. The applicant has also demonstrated that there are unique circumstances and practical difficulties related to the topography and redevelopment of the property that meet the specific standards for granting the requested yard modifications, as set forth in City Code subsection 14 -6Q -4B. The Board further concludes that the application has met the general standards for granting a special exception, as set forth in City Code subsection 14 -6W -2B. Disposition: For property located at 813 Gilbert Court, the Board of Adjustment approved EXC99-0015 upon separate consideration of each of the four requested special exceptions and with the set of conditions of approval as follows: a) a special exception to permit a duplex residence above the ground floor level of a use permitted in the CC -2 zone approved by a vote of 4-0, b) a special exception to reduce the front yard setback requirement along the Gilbert Court right-of-way from 20 feet to 14 feet for the 32 -foot length of the proposed covered porch approved by a vote of 4-0, c) a special exception to reduce the front yard setback requirement along the Gilbert court right-of-way from 20 feet to five feet for the 87 - foot length of the east edge of the proposed parking area approved by a vote of 4-0, and d) a special exception to reduce the south side yard setback from seven feet to five feet for the 30 -foot length of the proposed three-story building approved by a vote of 4-0, and the preceding special exceptions were each approved by a vote of 4-0 with each exception severally subject to the following conditions: 1) City Council approval of the CC -2 rezoning for the property, 2) the applicant planting a mix of trees and shrubs, as approved by City staff, between the Gilbert Court right-of-way and the east edge of the parking area, 3) the applicant removing the existing driveway off Gilbert Court and replacing it with a planted area, and 4) the applicant providing vegetative screening along the south boundary of the property. 3. EXC99-0016. Public hearing on an application submitted by John and Virginia Stamler for a special exception to modify the front yard setback requirement to allow a garage to be constructed along an undeveloped portion of McLean Street for property located in the Low Density Single -Family Residential (RS -5) zone at 358 Lexington Avenue. Findings of Fact: The Board finds that the proposed yard modification will result in an improvement to the property in a way that will not lessen the enjoyment and use of nearby residential properties. The requested front yard reduction of 13 percent is reasonable in both quantitative terms and in effect, because it will occur along a platted, but unimproved portion of McLean Street, where visibility of the garage and breezeway will be minimal and will not create the appearance of structural crowding. The new structures will be located at the rear of the lot at a considerable distance from the public street, Lexington Avenue, and will be architecturally compatible with the existing residence. The Board finds that the proposed location of the garage and breezeway will protect the longevity of a mature oak tree on the site. Conclusions of Law: The Board concludes that the applicants have demonstrated that the unique situation of the orientation and location of their residence adjacent to a platted, but unimproved street meets the specific standards for granting a yard modifion, as—,set forth in Cit Code subsection 14 -4Q -4B. The Board further concludes that theTVmeets the general standards for granting a special exception, as set forth in Citeo49 14 -6W -2B. M 000090 O N W rd Disposition: By a vote of 4-0, the Board approved EXC99-0016, a special exception to reduce the front yard setback requirement from 20 feet to five feet for the 24 -foot width of the proposed two -stall garage and from 20 feet to 11 feet for the six-foot width of the proposed connecting breezeway for property located in the RS -5 zone at 358 Lexington Avenue. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order of decision. City Code Section 14 -6W -3E, City of Iowa City, Iowa. Susan Bender, Chairperson STATE OF IOWA JOHNSON COUNTY Approved. Adr I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11`h day of August, 1999, as the same appears of record in my Office. Dated at Iowa City, Iowa, this _ a0 day of � , 1999. boa8-11 d.doc SEAL Maria' . Karr, City Clerk 000091 0 cc Gn �_ m C nJ C) �00 m Fla F M OX s N D — w FD CP Qb ►'��- n 71 {7 ,�, N F- F j Tl N OD Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISIONS FILED NO. `�U SSU IOWA CITY BOARD OF ADJUSTMENT MEETING BOOKAGE WEDNESDAY, SEPTEMBER 8, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS 99 SEP 23 AM H: 15 MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Michaels §MADN COUtdTY RECORDER IOWA CITY. IOWA MEMBERS ABSENT: Kate Corcoran STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Le Ann Tyson OTHERS PRESENT: Jay Christensen-Szalansk, Michaelanne Widness, Jean Walker, Nancy Dejmal, Paul Anderson, Charles Ruppert, Arlin Levitt SPECIAL EXCEPTION ITEMS: 1. EXC95-0011. Public hearing on a request for an amendment to the July 12, 1995 Board of Adjustment decision submitted by the Church of Jesus Christ of Latter Day Saints to permit congregational worship as part of the religious institution use established by special exception in 1995 for property located in the Low Density Single -Family Residential (RS -5) zone at 503 Melrose Avenue. Findings of Fact: The Board finds that including congregational worship as part of the Latter Day Saints Religious Institute activities at 503 Melrose Avenue is reasonable, because it is likely to be a fairly low -impact, appropriate use of the property that will not involve changes to the site, such as new building construction or increased parking paving. The basic standards for granting a special exception to allow a religious institution were addressed in the Board's 1995 decision. Although the required parking spaces for congregational worship have been provided on-site, the use of the site for congregational worship appears to have created an unacceptable level of parking congestion along Lucon Drive, a private street. Spillover parking can affect the comfort, safety, use and aesthetics for neighboring property owners. Reasonable efforts should be made to prevent parking in the grassy area along Lucon Drive. However, it should be recognized that neither the Board nor the applicant has jurisdiction over or can be held accountable for the parking situation along Lucon Drive created by the University of Iowa daycare business or others not associated with the Latter Day Saints Religious Institute. Time should be allowed for the neighboring property owners and the applicant to take steps to work out an amicable solution concerning the parking congestion that is related to congregational worship. Conclusions of Law: The Board concludes that the application meets the technical requirements for allowing congregational worship at the religious institute facility and the specific standards for establishing or expanding a religious institution, as specified in City Code subsection 14-6L-10. The proposed use is unobjectionable if the applicant can address parking congestion associated with the congregational worship on the church's property along Lucon Drive. The Board concludes that it is appropriate to grant temporarily an amendment to the Board's decision that will allow the applicant a period of six months to alleviate the parking congestion situation while continuing congregational worship and thereby satisfy the general standards for special exception review, as specified in City Code subsection 14 -6W -2B. 000035- o 2 ::�E C/) J 1 c N F - Disposition: By a vote of 4-0, the Board approved an amendment to the July 12, 1995_69ard g`ecisigm�] EXC95-0011 to allow congregational worship as part of the religious institution for Q} per qi l located in the RS -5 zone at 503 Melrose Avenue effective through the Board's Mar2000 meeting, at which meeting the neighbors and church will report back to the Board on the measures beingtaken to eliminate parking congestion on the church's property along Lucon Drive and the effectiveness of those measures. 2. EXC99-0017. Public hearing on an application submitted by Hy -Vee Food Stores, Inc. for a special exception to permit an auto and truck -oriented use, a pharmacy drive-through facility, to be established in the Neighborhood Commercial (CN -1) zone for property located at 1201 N. Dodge Street. Findings of Fact: The Board finds that the proposed pharmacy drive-through lane will provide a public service that is currently not available in this north area of Iowa City. The drive-through lane is designed in such a way that it will provide adequate stacking spaces. The loop for the pharmacy drive-through lane is proposed to be located west of the grocery store building, where it would not be readily visible from nearby residential properties. Prohibiting the use of a loudspeaker would further minimize potential impacts on neighboring properties. The facility is designed so it will be separated from the main pedestrian and vehicular circulation on the site and the amount of landscaped area and number of trees will be slightly increased. Compliance with the landscaping provisions of the approved Large Scale Non -Residential Development Plan is mandatory to meet the standards for neighborhood compatibility of a commercial use in a residential neighborhood and to demonstrate adherence to zoning requirements. Conclusions of Law: The Board concludes that the application meets the specific standards for establishing a drive-through facility associated with a pharmacy in the CN -1 zone, as set forth in City Code subsection 14 -6L -1W. The Board further concludes that with the conditions of approval, including requiring the replanting of replacement right-of-way trees and vegetative screening, and the prohibition of loudspeakers associated with the pharmacy drive-through lane, the application meets the general standards for granting a special exception, as set forth in City Code subsection 14 -6W -2B. Disposition: By a vote of 4-0, the Board approved EXC99-0017, a special exception to permit one drive-through lane associated with a pharmacy for property located in the CN -1 zone at 1201 North Dodge Street, subject to the property being brought into compliance with the approved landscaping and tree -planting plan approved in 1979 with new trees according to City Code subsection 14 -6R -5B, and arbor vitae plants along the east property line being replaced with new arbor vitae according to City Code subsection 14 -6S -11B, or an alternative vegetative screen may be planted, with approval from City staff prior to a building permit being issued for the drive-through lane and window, and subject to no loud speaker system being installed as part of the drive-through facility. 3. EXC99-0018. Public hearing on an application submitted by Adina and Andrew Levitt for a special exception to permit a school of specialized private instruction, a yoga center, to be established in the Central Business (CB -10) zone for property located at 115 E. Washington Street. Findings of Fact: The Board finds the proposed yoga center would be a quiet, low -impact commercial neighbor using space that is now vacant at the second floor level in the downtown. Allowing the proposed yoga center would support the Comprehensive Plan policies to encourage commercial activity to take place in defined commercial centers and to encourage the creative reuse of existing commercial sites that are vacant or underutilized. The business is likely to attract customers that will use other businesses in the downtown. Parking is not an issue, and the use of other municipal facilities would be minimal. The proposed use would be consistent with the intent of the CB -10 zone to accommodate a wide variety of retail, service, office and residential uses. The yoga center should provide a beneficial service that is supportive of the general health and welfare. 000036 3 Conclusions of Law: The Board concludes that the application meets the specific standards for establishing a school of specialized private instruction in the CB -10 zone, as allowed under City Code subsection 14 -6E -8D5, and meets the general standards for granting a special exception, as set forth in City Code subsection 14 -6W -2B. Disposition: By a vote of 4-0, the Board approved EXC99-0018, a special exception to permit the establishment of a school of specialized private instruction, a yoga center, for property located in the CB -10 zone at 115 E. Washington Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order of decision. City Code Section 14 -6W -3E, City of Iowa City, Iowa. Susan Bender, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: D4 - - Ua 9-UJI. R9 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 8th day of September, 1999, as the same appears of record in my Office. Dated at Iowa City, Iowa, this ��—,day of September, 1999. ppdad min\dedsion\ba9-8. doc Madan K. Karr, City Clerk SEAL"' .o .o X1.m 00003'7 D 00 / /,°0 r" FILED N0. `09873 ... B00 J PAGE__q��,�, , 99 OCT 2 PM 1: 45 Prepared by: Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52tM90p/t%,rya5rl;,ECORDER IOWA CITY. IOWA STAFF PRESENT: Melody Rockwell, Dennis Mitchell, LeAnn Dunne -Tyson EXC99-0019. Public hearing on an application submitted by Regina Catholic Education Center for a special exception to expand a religious institution use, that is, to construct a softball building containing a press box, concession stand, restrooms and storage area, in the northwest area of the Regina campus, which is located in the Low Density Single -Family Residential (RS -5) zone at 2150 Rochester Avenue. (T.J. Brandt recused himself due to potential conflict of interest). Findings of Fact: The Board finds that the softball building will provide additional services for the Regina softball program, while not proving intrusive or incompatible with surrounding development. The building will be located at a considerable distance from neighboring residential properties, and will be partially buffered on the north and west by an existing band of trees and parkland. The Board further finds that there will be no change in light and noise, and no steep slopes or woodland area will be impacted as a result of the building being constructed as proposed. Conclusions of Law: The Board concludes that the proposed use is appropriate in terms of the intent of the RS -5 zone, as set forth in City Code subsection 14 -6D -2D2, and meets the additional regulations for religious institution uses in terms of access, minimum lot area and setback distance requirements, as specified in City Code subsection 14-6L-10. The Board further concludes that the application meets the general standards for approving a special exception, as set forth in City Code 14 -6W -2B. Disposition: By a vote of 3-0, the Board approved EXC99-0019, a special exception to expand a religious institution use, that is to construct a 24 -foot by 20 -foot softball building containing a press box, concession stand, restrooms and storage area, in the northwest area of the Regina campus, which is located in the RS -5 zone at 2150 Rochester Avenue. 000206 O :o DECISION y = -a - IOWA CITY BOARD OF ADJUSTMENT < CO) WEDNESDAY, OCTOBER 13, 1999 - 5 P.M. 0 cn rn CIVIC CENTER COUNCIL CHAMBERS 'm m C) O5 MEMBERS PRESENT: Lowell Brandt, T. J. Brandt, Kate Corcoran, Mike Pa* w N MEMBERS ABSENT: Susan Bender STAFF PRESENT: Melody Rockwell, Dennis Mitchell, LeAnn Dunne -Tyson EXC99-0019. Public hearing on an application submitted by Regina Catholic Education Center for a special exception to expand a religious institution use, that is, to construct a softball building containing a press box, concession stand, restrooms and storage area, in the northwest area of the Regina campus, which is located in the Low Density Single -Family Residential (RS -5) zone at 2150 Rochester Avenue. (T.J. Brandt recused himself due to potential conflict of interest). Findings of Fact: The Board finds that the softball building will provide additional services for the Regina softball program, while not proving intrusive or incompatible with surrounding development. The building will be located at a considerable distance from neighboring residential properties, and will be partially buffered on the north and west by an existing band of trees and parkland. The Board further finds that there will be no change in light and noise, and no steep slopes or woodland area will be impacted as a result of the building being constructed as proposed. Conclusions of Law: The Board concludes that the proposed use is appropriate in terms of the intent of the RS -5 zone, as set forth in City Code subsection 14 -6D -2D2, and meets the additional regulations for religious institution uses in terms of access, minimum lot area and setback distance requirements, as specified in City Code subsection 14-6L-10. The Board further concludes that the application meets the general standards for approving a special exception, as set forth in City Code 14 -6W -2B. Disposition: By a vote of 3-0, the Board approved EXC99-0019, a special exception to expand a religious institution use, that is to construct a 24 -foot by 20 -foot softball building containing a press box, concession stand, restrooms and storage area, in the northwest area of the Regina campus, which is located in the RS -5 zone at 2150 Rochester Avenue. 000206 JO 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 -6W -3E) Board of Adjustment Vice -Chairperson STATE OF IOWA JOHNSON COUNTY lV l w 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 13'n day of October 1999. Dated at Iowa City, Iowa, this �2_1�' day of 1999. ppdadminldecis1on1Da10-13a. doc ;�Z ?e Maria <. Karr, City Clerk CORPORATE SEAL 000207 ny n � r ZZ hn N 000207 tj A FEE 0� Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. DECISION o DC7 0 i< N C7 N _m -o M D Washington, Iowa City, IA 522 319/356--�51 0 11%62 FILED NO. 80OK2*,7 PAGE_/2_ IOWA CITY BOARD OF ADJUSTMENT 99 MOV 24 PM 1:29 WEDNESDAY, NOVEMBER 3, 1999 CIVIC CENTER COUNCIL CHAMBERS 101INSON COUNTY RECORDER IOVIA CITY. IOWA MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, Kate Corcoran, Michael Paul MEMBERS ABSENT: None STAFF PRESENT: Dennis Mitchell; Melody Rockwell, LeAnn Dunne -Tyson OTHERS PRESENT: Pastor Jong Koo Lee, Ilkyu Yoon, Ken Polsley EXC99-0021. Public hearing on an application submitted by the All Nations Baptist Church for a special exception to permit the expansion of a religious institution, that is, the construction of a fellowship and education addition to the main church building, for property located in a Low Density Single -Family Residential (RS -5) zone at 1715 Mormon Trek Boulevard. Findings of Fact: The Board finds that subject to the conditions of approval requiring architectural compatibility of the addition with the existing structure and landscaping to soften the appearance of the facility, the proposed addition will be an attractive feature within a low- density residential neighborhood. Because the addition would be located at a considerable distance (200 feet or more) from neighboring residential properties and would be situated on a large property that is bordered on two sides by major thoroughfares, the effect of the expansion will be minimal on residential properties in the neighborhood. The Board finds that the provisions for parking and ingress/egress are well designed and are already in place to handle the expanded usage of the site. In addition, Mormon Trek Boulevard has the capacity to handle any additional church traffic, which will occur primarily at times of off-peak traffic flows. The church benefits the public welfare due to the role it plays for the community and the neighborhood in providing meeting places, a place for voting, daycare, a preschool, outreach assistance and youth programs. The expanded facility will only enhance the church's capacity to provide these community services. If the church decides to change the orientation of the addition to extend in a more westerly or northwesterly direction, the Board's findings, as cited above, remain the same. 000112 .. Board of Adjustment November 3, 1999 Page 2 Conclusions of Law: The Board concludes that the proposed expansion is appropriate in terms of the intent of the RS -5 zone, as set forth in City Code subsection 14 -6D -2D2, and meets the additional regulations for religious institution uses in terms of access, minimum lot area and setback distance requirements, as specified in City Code subsection 14-6L-10. The Board further concludes that the application meets the general standards for approving a special exception, as set forth in City Code 14 -6W -2B. Disposition: By a vote of 5-0, the Board approved EXC99-0021, a special exception to expand a religious institution use, that is, to allow the construction of a two-story worship and education addition on the northwest side of the existing All Nations Baptist Church building, for property located in the RS -5 zone at 1715 Mormon Trek Boulevard, subject to 1) the exterior of the building addition being similar in style, color and materials as the existing structure, and 2) a landscaping plan approved by City staff being planted and maintained on the site. In addition, this special exception is approved with the understanding that it applies to a more westerly or more northwesterly extension of the structure than shown on the application, if approved by City staff. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action 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 -6W -3E) Board of Adjustment Chairperson City Attorney's Office 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 3d day of November, 1999. Dated at Iowa City, Iowa, this ZZ n—day of November 1999. CORPORATE SEAL ppdadminWecisionfta11-3.doc Man n K. Karr, City Clerk 000113 FEE \gyp ')131`)0 Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 3191356-5251 DECISIONS IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, DECEMBER 8, 1999 - 5 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, Kate Corcoran FILED 1`10.—_ BOOK - .2F17 00 .: _? p`- 019DEC21PM 1:55 IONNSQti000.'4T iL,RECORDER Michael ,!QM7A CITY` 11NA w C) C3 N (— Dennis Mitchell, Melody Rockwell, John Yapp M s 1I Roger J. Reilly, Larry Lynch, Jon Bell D �' w v SPECIAL EXCEPTION ITEMS: EXC99-0022. Public hearing on an application submitted by Hy -Vee Food Stores, Inc. for a special exception to permit a pharmacy drive-through lane on property located in the Neighborhood Commercial (CN -1) zone at 310 N. First Avenue. Findings of Fact: The Board finds the proposed pharmacy drive-through lane will have a minimal impact on the surrounding neighborhood. The lane was previously used as a grocery pickup area and worked well. The proposed use of the lane as a pharmacy drive- through lane will be less intensive. The traffic flow on and off the site will not be negatively affected by the drive-through lane location. The proposed landscaping will enhance the site and will provide an attractive buffer of the commercial use for nearby residential properties. Conclusions of Law: The Board concludes that with the condition for adherence to the special exception site plan submitted on December 6, 1999, the application meets the specific standards for establishing a pharmacy drive-through lane in the CN -1 zone, as set forth in City Code subsections 14-6E-2 and 14 -6L -1W. The Board further concludes that the application meets the general standards for approving a special exception, as set forth in City Code subsection 14 -6W -2B. Disposition: By a vote of 4-0, the Board approved EXC99-0022, a special exception to allow one drive-through lane associated with a pharmacy along the west side of the building located in the CN -1 zone at 310 N. First Avenue, subject to the site being developed in a manner generally consistent with the special exception plan submitted on December 6, 1999. 2. EXC99-0023. Public hearing on an application submitted by Hills Bank and Trust Company for a special exception to permit three drive-through banking lanes and one drive-through ATM lane for property located in the Commercial Office (CO -1) zone at 2619 Muscatine Avenue. ,o p 2 D r_ M Findings of Fact: The Board finds that the proposed use of the site as a ban b e x9ooco one for site, which is situated in a mixed-use neighborhood. The Board recodes tWIM our society is conducting more of its business from vehicles. According to the aj3plicant,c�p to 45% of banking transactions are occurring via drive-through facilities. The proposed location for the drive-through lanes is well placed for good traffic circulation on and off the site and to minimize the impact on neighboring properties. The property is primarily surrounded by commercial uses with some multi -family residential uses nearby. The landscaping plan will provide a fair amount of buffering of the drive-through lanes while enhancing the commercial site and improving the appearance of the neighborhood. Public safety is enhanced by the applicant's willingness to close two of the four existing curb cuts and relocate the two remaining curb cuts so they are well back from the intersection and minimize conflict with adjacent drives. Conclusions of Law: The Board concludes that the application meets the practical considerations for establishing drive-through facilities associated with financial institutions in the CO -1 zone, which is permitted under subsection 14-6E-1 D3 of the City Code. The Board also concludes that the application meets the general standards for granting a special exception as set forth in City Code subsection 14 -6W -2B. Disposition: By a vote of 4-0, the Board approved EXC99-0023, a special exception to allow three (3) drive-through banking lanes and one (1) drive-through ATM lane on the south side of a proposed financial institution building for property located in the CO -1 zone at 2619 Muscatine Avenue, subject to the site design generally conforming with the special exception concept plan and staff approval of a landscaping plan at the time of site plan approval. The Board's decision shall be in effect for one year, instead of the standard six- month period. VARIANCE ITEM: 1. VAR99-0002. Public hearing on an application submitted by Sign Productions, Inc., on behalf of property owner Chezik Sayers Honda, for a variance to the sign regulations to allow a wide -clad freestanding sign for property located in the Intensive Commercial (CI -1) zone at 2343 Mormon Trek Boulevard. Findings of Fact: In considering the tests of hardship, the Board finds that the applicant has not met the reasonable return, uniqueness or owners own making tests. The Chezik Sayers dealership may experience some loss of return if the variance is not granted, but the owner still has the option to seek an ordinance amendment to allow the proposed wide -clad signage. The uniqueness test does not appear to be met in that all other businesses in the CIA zone must meet the same requirements for freestanding signs. The Board finds that the problem of needing signage that is required by the Honda corporation, but not permitted by the City should have been resolved earlier in the process for a construction project of this magnitude. It is the owners' responsibility to coordinate decisions about construction, what the Honda corporation requires and what the City sign ordinance requires. It is a problem of the owners own making that the project reached this stage and decisions were made ahead of time without assuring that the ordinance requirements for signage would be met. The Board finds that there is a known history in Iowa City concerning regulation of signage. Both the ordinance and the Comprehensive Plan set forth the intent and policies for limiting 00008'7 3 signage in order to maintain attractive streetscapes and entranceways in the community. The applicant, a sign company, should be aware of what the sign ordinance requires. The Board finds that the extent of the requested variance is substantial. The surface measurement of the proposed sign is twice what is currently permitted by ordinance. The Board is reluctant to set aside ordinance requirements for such a substantial change where the hardship tests are not clearly met. The Board further finds that it would not be in the public interest to set a precedent of granting a special privilege to one property owner where there are not compelling and unique, limiting circumstances. Conclusions of Law: The Board concludes that the application for a variance to increase the height and mass of a freestanding sign in the CIA zone does not meet the rigorous standards for granting a variance; it does not fully meet the public interest elements or the reasonable return test of hardship and clearly fails to meet the uniqueness and landowners' own making tests of hardship. In accordance with City Code subsection 14 -6W -2C, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all of the public interest and unnecessary hardship elements are met. Disposition: By a 0-4 vote on an affirmative motion, the Board denied VAR99-0002, a variance to the sign regulations to permit a wide -clad, freestanding sign that does not comply with the dimensional requirements set forth in the Zoning Chapter for property located in the CIA zone at 2343 Mormon Trek Boulevard. 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 -6W -3E) Board of Adjustment Chairperson STATE OF IOWA ) JOHNSON COUNTY ) 1, Marian K. Karr, City Clerk of the City Adjustment decision herein is a true and Board of Adjustment of Iowa City, Iowa, 1999. l'l1t � o City Attorney's Office y cr,-1—, TI C7 a` rn O� nj Y � of Iowa City, do hereby certify that the Board of correct copy of the decision that was passed by the at its regular meeting on the 8th day of December, Dated at Iowa City, Iowa, this /G day of December 1999. ppdadmin\dedsion\ba12bd. dm 000088 Marian K. Karr, City Clerk NOTAL ;AL SEAL