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Prepared by: John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5247
A29216
DECISION FILED N0. 'G`!
IOWA CITY BOARD OF ADJUSTMENT 900t(PA.GE_
WEDNESDAY, NOVEMBER 8, 2000
CIVIC CENTER COUNCIL CHAMBERS 0INN-8 AN 11:20
MEMBERS PRESENT: Lowell Brandt, Dennis Keitel, Kate Corcoran, T.J. Fl C T7t' �2ECOP,DER
CITY, 101MA
MEMBERS ABSENT: Mike Paul
STAFF PRESENT: John Yapp, Lolita Charron, Sarah Holecek
OTHERS PRESENT: E. Norman Bailey
SPECIAL EXCEPTION ITEM:
EXC00-0020. Public hearing on an application submitted by E. Norman Bailey for a special
exception to permit off-street parking on a separate lot for property in the CI -1, Intensive
Commercial Zone at 322-332 Second Street. The parking will be located at 327-329 First
Street.
FINDINGS OF FACT: The Board finds that the separate lot proposed for the 10 parking
spaces, situated within 30 feet of the building at 322-332 Second Street, is well located.
Pedestrians walking between their cars and the 322-332 Second Street building (Quincy
Square Building) will not have to cross any streets or other significant barriers. Parking
located at the rear of buildings and accessed by a shared alley, as is proposed, helps to keep
traffic off surrounding public streets. The Board finds that a written agreement executed by
the property owner needs to be recorded with the properties to ensure the ten (10) spaces
at the rear of the 327-329 First Street property are available in perpetuity to tenants and
users of the Quincy Square Building. The Board finds that designating ten (10) parking
spaces at the rear of the 327-329 First Street property is reasonable given its close
proximity to the Quincy Square Building.
CONCLUSIONS OF LAW: The Board concludes that the application to permit ten (10)
parking spaces to be designated on a separate lot at the rear of the 327-329 First Street
property for the 322-332 Second Street property meets the specific requirements for off-
street parking on a separate lot as set forth in City Code Subsection 14 -6N -1C. The Board
further concludes the application satisfies the general standards for special exception review,
as enumerated in City Code Subsection 14 -6W -2B.
DISPOSITION: By a vote of 4-0, the Board approved EXCOO-0020, an application to permit
ten (10) parking spaces at the rear of the 327-329 First Street property to be designated as
off-street parking on a separate lot for uses located on the 322-332 Second Street property,
subject to a parking easement agreement, submitted to and approved by the City Attorney's
office, being recorded with the 327-329 First Street and 322-332 Second Street properties.
IOWA CITY BOARD OF ADJUSTMENT
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.
Lowell Brandt, Chairperson
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed by
the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of
November, 2000, as the same appears of record in my Office.
Dated at Iowa City, this day of 2000.
VVtladmin\tlecis1on\boe11-8-OO.doc
Mari K. Karr, City Clerk
CORPORATE SEAL
000650
PARKING AGREEMENT I ILFD
THIS AGREEMENT is made and entered into by the E. Norman Bailey frustand
Valeska A. Bailey Trust, as tenants in common and not as joint tenants of the property
described herein, and the City of Iowa City, Iowa, a municipal corporation, for the
purposes outlined in paragraph 3 herein.
WHEREAS, the E. Norman Bailey Trust and Valeska A. Bailey Trust, as tenants
in common and not as joint tenants (hereafter "Bailey Trusts') are the owners of Lot 1,
Block 4, Cook Sergeant and Downey's Addition to Iowa City (hereinafter "327-329 First
Street"); and
WHEREAS, the Bailey Trusts are also the owners of Lots 8, 9, and 10, Block 4,
Cook Sergeant and Downey's Addition to Iowa City (hereinafter "Quincy Square'); and
WHEREAS, the Bailey Trusts desire to provide for offsite parking for Quincy
Square at 327-329 First Street; and
WHEREAS, on November 8, 2000 the Iowa City Board of Adjustment granted a
special exception to permit offsite parking for Quincy Square at 327-329 First Street,
subject to the execution of an agreement assuring the retention of the off-site parking
spaces and subject to the design and installation of the parking spaces being in
compliance with City ordinances.
NOW THEREFORE, in consideration of the mutual benefits to both properties,
the Bailey Trusts hereby state and agree as follows:
1. Quincy Square shall have the exclusive right for ten (10) offsite parking
spaces at 327-329 First Street at the location shown on the attached diagram in
hatched lines as "leased parking area", which area comprises approximately the south
45 feet of 327-329 First Street (Lot 1, Block 4, Cook Sergeant and Downey's Addition to
Iowa City).
2. Quincy Square shall have access to said "leased parking area" from the
public alley located at the southern border of the "leased parking area" as proximately
shown on the attached diagram, although said access shall not be exclusive to Quincy
Square.
3. On November 8, 2000, the Iowa City Board of Adjustment granted a
special exception approving the ten (10) offsite parking spaces for Quincy Square at
327-329 First Street, subject to the execution of an agreement assuring the retention of
the off-site parking spaces and subject to the design and installation of the parking
spaces being in compliance with City ordinances. Thus, the City of Iowa City is a party
to this agreement for the purposes of enforcement and verification, and this agreement
shall not be modified or terminated without the written participation of the City and the
Bailey Trusts, or their successors in interest. The City agrees it shall not oppose the
000651
modification or termination of this agreement if said offsite parking is not required by
City ordinances for Quincy Square.
4. The provisions of this agreement shall inure to the benefit of and bind the
successors and assigns of the respective parties, shall be construed as covenant
running with the title to each of the above-described parcels, and shall continue in effect
until such time as it is modified or terminated pursuant to paragraph 3.
Signed this _ day of December, 2000.
I40
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Trustee
IOWA CITY BOARD OF ADJUSTMENT
Lowell Brandt, Chair
VALESKA A. BAILEY TRUST
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Trustee
2 000652
ACKNOWLEDGEMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this V' day of 41 5° 2000, before me, a Notary Public in and for
the State of Iowa, personally appeared 8.3+ ,
to me personally known, who, being by me duly sworn, did say that the person is the
trustee of the E. NORMAN BAILEY TRUST, the trust executing the within and foregoing
instrument; that said instrument was signed on behalf of said trust by authority of the
trustee; and that trustee acknowledged the execution of said instrument to be the
voluntary act and deed of the trust and the trustee.
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Notary Public in and for th of Iowa
[?AK
DENNIS MITCHELL
My Commission Expires
ACKNOWLEDGMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this r day of A -c. -j-,4A 2000, before me, a Notary Public in and for
the State of Iowa, personally appeared 1/014.5('1 fi+'[ii ,
to me personally known, who, being by me duly sworn, did say that the person is the
trustee of the VALESKA A. BAILEY TRUST, the trust executing the within and foregoing
instrument; that said instrument was signed on behalf of said trust by authority of the
trustee; and that trustee acknowledged the execution of said instrument to be the
voluntary act and deed of the trust and the trustee.
V�jw
Notary Public in and fort ? ITCHELL
My Commission Expires
000653
ACKNOWLEDGMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
Zcol
On this 2"" day of 217, before me, the undersigned, a Notary
Public in and for said County, in sai tate, personally appeared Lowell Brandt, to me
personally known, who being by me duly sworn, did say that he is the chair of the Iowa
City Board of Adjustment; that the above instrument was signed on behalf of the Iowa
City Board of Adjustment pursuant to Special Exeption EXC00-0000020 approved on
November 8, 2000 pursuant to the Board's powers under City Code § 14 -6W -2.B.3 and
Iowa Code § 414.7 (1999); and that the said Lowell Brandt acknowledged the execution
of said instrument to be his voluntary act and deed and the voluntary act and deed of the
Iowa City Board of Adjustment, by it and by him voluntarily executed.
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Notary Public in and for the State of Iowa
t, KELLIE K TLE
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 r�
DECISION FILED N0. ►12281
IOWA CITY BOARD OF ADJUSTMENT ROOW 41G
WEDNESDAY, DECEMBER 13, 2000 - 5 P.M. Q I JAS -9 AMS Z 53`--
CIVIC CENTER COUNCIL CHAMBERS 1J
MEMBERS PRESENT: Lowell Brandt, Dennis Keitel, Kate Corcoran, Mike PauIUHNSUH COUNTY RECORDER
IOWA CITY. IOWA
MEMBERS ABSENT: T. J. Brandt
STAFF PRESENT: Sarah Holecek, Doug Boothroy; John Yapp, Karen Howard, Lolita Charron
OTHERS PRESENT: Tom Gelman, Gene Laraviere, Duane Musser, John Kammermeyer, Marlin
Ingalls, Terri Neuzil, Jim Larew, Sarah Paulson, Alfred Marren, Darlene Clausen, Jim Buxton, Tim
Walker, Clarence Haverkamp, Ron Berg, David Thomann
SPECIAL EXCEPTION ITEM:
AP00-0001. Public hearing on an appeal of a decision made by the Director of Housing and
Inspection Services to deny a minor site plan submitted by Bloomington Properties, L.L.P. for
a medical office building and associated parking lot located at 510/512 East Bloomington
Street in the Commercial Office (CO1) zone.
Findings of Fact: The Board finds that the Director of Housing and Inspection Services has the
authority to approve or deny minor site plans based on the criteria set forth in Article 14-5H of
the Iowa City Code of Ordinances, which states that site plans shall be submitted, reviewed
and approved by the City prior to the issuance of a building permit for all development of any
lot, tract or parcel of land. The Board also finds that the Vehicle and Pedestrian Circulation
Design Standard, 14 -5H -5F, grants the City discretion to limit entrances and exits upon
adjacent streets in order to prevent congestion on adjacent or surrounding streets and in order
to provide for safe and orderly vehicle movement and that the City may limit street access by
requiring that only one driveway serve any one lot.
The Board was split two -to -two in its decision whether the Director of Housing and Inspection
Services was correct in his decision to deny the minor site plan based on facts of the matter.
Two members of the Board find that the decision by the Director of Housing and Inspection
Services to deny the appellant's minor site plan due to failure to meet the Vehicle and
Pedestrian Circulation Standard, 14 -5H -5F, is reasonable based on the following evidence: 1)
access from the subject property to a City street is available from the rear alley; 2) an "alley"
can reasonably be defined as a "street" (as in the City Zoning Code); 3) further that this alley
access is similar to the access granted to other properties along this street and the alley safely
functions as access; and 4) there is nothing peculiarly unique about this property that prevents
such alley access. These same two Board Members find that alley access is integral to the
functioning of traffic circulation in this area of the City in that it serves to reduce congestion
and turning accidents along this section of Bloomington street. These two Board Members
also find that the City was reasonable in its decision to deny additional vehicular access from
Bloomington Street in that such access would increase the likelihood of turning accidents from
this proposed mid -block curb cut, increase the risk to pedestrian safety due to an increased
number of vehicles crossing the public sidewalk, and increase traffic congestion by reducing
the number of public on -street parking spaces in an area of the City where on -street parking is
in high demand.
000030
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 13, 2000
Page 2
On the second matter of building location, these same members of the Board find that the
City's decision to deny the minor site plan based on the proposed location of the building and
the parking was reasonable given that the purpose of site plan review is to promote the most
beneficial relation between present and proposed uses of land and ensure the orderly and
harmonious development of property in a manner that shall allow development of property
commensurate with the present and foreseeable availability and capacity of city facilities and
services. One of the factors listed that can be used to arrive at a conclusion concerning the
proposed development of property is the City's Comprehensive Plan and other specific
community plans. These Board members find that a number of elements of the
Comprehensive Plan reasonably led the City to the conclusion to deny the site plan due to the
incompatibility of the proposed location of the building in relation to surrounding properties.
The other two members of the Board find that it was not reasonable for the City to require
that the only access to the property be from the rear alley, given that additional traffic
through this alley is equally likely to cause safety hazards for vehicles and pedestrians as
access off of Bloomington Street. On the matter of building location, these two members of
the Board find that the City exceeded its authority by denying the site plan based on building
location given that the plan meets the specific development standards of the Commercial
Office zone.
Conclusions of Law: The Board concludes that the City has the authority to approve or deny
minor site plans as set forth in Article 14-5H of the City Code and that the City Code grants
discretion to the Director of Housing and Inspection Services to deny minor site plans based
on certain criteria, as set forth in Article 14-5H and specifically Section 14-51-1-5, Design
Standards. A majority of the Board failed to conclude, given the facts in evidence, that the City
erred in its application of Article 14-5H of the City Code to deny the minor site plan submitted
by Bloomington Building Properties, L.L.P.
Disposition: By a vote of 2-2, the Board denied, for lack of the statutorily required three
concurring votes, AP00-0001, an appeal of a decision made by the Director of Housing and
Inspection Services to deny a minor site plan submitted by Bloomington Properties, L.L.P for a
medical office building and associated parking lot located at 510/512 East Bloomington Street
in the Commercial Office (CO1) zone.
2. EXC00-00021: Public hearing on an application submitted by Mid -Eastern Council on
Chemical Abuse (MECCA) for a special exception to permit construction of twelve dwelling
units above a ground floor office use and a special exception to reduce the number of
required parking spaces for property located in the Intensive Commercial (CI -1) Zone at 430
and 436 Southgate Avenue.
Findings of Fact: The Board finds that the proposed dwelling units meet the requirements of
the CI -1 zone for dwelling units located above a permitted use, because the apartments will
be located above an office use, which is permitted in the CI -1 zone. The Board also finds
that the proposal does not exceed the maximum density requirement of one dwelling unit
per 1,800 square feet of lot area, because twelve apartment units are proposed on a 22,500
square foot lot. The Board also finds that the proposed dwelling units will be compatible
with surrounding uses as long as the outside play area is properly screened and buffered
from the neighboring parking lot to the east. The Board finds that the proposed exception
will not be injurious to the use and enjoyment of other property in the immediate vicinity and
000031
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 13, 2000
Page 3
will not substantially diminish and impair values in the neighborhood, because the
residential density is limited and there will be little change in the amount of traffic during
peak hours. Regarding the request for a reduction in the number of required parking
spaces, the Board finds that the reduction of sixteen parking spaces is reasonable given
that the residents of the group care facility are not allowed to operate motor vehicles as a
condition of residency and that the number of proposed parking spaces is adequate to meet
the peak parking demand as currently documented plus the anticipated increase in demand
for parking on the site from the proposed office/apartment building. In addition, the Board
finds that there are not enough parking spaces located on the lot at 436 Southgate Avenue
to meet the parking requirement for the proposed office/apartment building, but that there
are sufficient parking spaces for these uses at 430 Southgate Avenue.
Conclusions of Law: The Board concludes that the applicant's request to locate twelve
apartment units above ground floor office use meets the specific standards of density and
use as stated in City Code subsection 14 -6E -4D-3. The Board also concludes that subject
to the applicants properly screening and buffering the exterior play area from adjacent
parking, the request meets the general standards for granting a special exception as set
forth in subsection 14 -6W -2B. The Board concludes that the request to reduce the required
amount of parking for the group care facility meets the specific standards for parking
modifications as set forth in City Code subsection 14 -6N -IH and the general special
exception standards as specified in 14 -6W -2B, if the special exception applies only to drug
and alcohol rehabilitation facilities that prohibit motor vehicle use as a condition of residency
in the facility. The Board also concludes that an easement should be recorded on property
located at 430 Southgate Avenue that assures that the office/apartment uses located at 436
Southgate Avenue have access in perpetuity to sufficient parking to meet the City Code
requirements as specified in 14 -6N -1J.
Disposition: By a vote of 4-0, the Board approved EXC00-00021, a special exception to
permit twelve apartment units to be constructed above ground floor office space at 436
Southgate Avenue in the Intensive Commercial (CI -1) zone, subject to a condition that the
exterior play area be protected from adjacent parking areas by a fence of durable
construction that is at least 6 feet in height and a planting screen of pyramidal arbor vitae
located between the fence and the adjacent parking lot to the east.
By this same vote, the Board also approved a special exception to reduce the required
number of parking spaces for the entire MECCA site located at 430 and 436 Southgate
Avenue in the CI -1 zone from 100 parking spaces to 84 parking spaces, subject to the
following conditions: An easement on property located at 430 Southgate Avenue must be
granted to property located at 436 Southgate Avenue that assures access to 24 parking
spaces and associated aisles and drives in perpetuity and must be recorded as a covenant
that runs with the land; and the reduction in parking spaces is granted only as long as the
use remains a drug and alcohol rehabilitation facility that prohibits motor vehicle use as a
condition of residency in the facility.
3. EXC00-00022: Public hearing on an application submitted by MVL Properties and Iowa City
Tire for a special exception to permit Iowa City Tire to continue operation of a satellite
location for an automobile repair business for property located in the Community
Commercial Zone (CC -2) at 521 Kirkwood Avenue.
00GO32
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 13, 2000
Page 4
Findings of Fact: The Board finds the Iowa City Tire use is at the rear basement level of the
Governor Ridge Building at 521 Kirkwood Avenue, and is not readily visible from the street
or from surrounding properties. The Board finds the property at 521 Kirkwood Avenue has
adequate ingress and egress to Kirkwood Avenue to support an automobile repair business
with limited traffic generation. Because the Iowa City Tire business is used as a satellite
facility which is not visited by the general public, it does not generate significant levels of
traffic. The Board finds the use of the basement level of the Governor Ridge Building for an
auto -and -truck oriented use is compatible with other uses on the property and with adjacent
uses as long as it is restricted to being used for diagnostic testing of automobiles and tune-
up related minor repairs, and it is not open to the general public.
Conclusions of Law: The Board concludes that the request for a special exception, to permit
the continuation of an auto -and -truck oriented use in the Community Commercial Zone (CC -
2) at 521 Kirkwood Avenue, is in conformance with the intent standards of the Community
Commercial Zone, as enumerated in City Code section 14 -6E -5A. The Board further
concludes that, subject to the use being limited to a satellite service station for tune-up
related minor repairs, and subject to the use not being open to the general public, the
request meets the general standards for special exceptions as specified in City Code
section 14 -6W -2B.
Disposition: By a vote of 3-0 (Paul abstaining), the Board approved EXC00-0022, a special
exception to allow the continuation of an auto -and -truck oriented use, specifically a satellite
service station for diagnostic testing and tune-up related minor repairs, subject to the use
not being open to the general public, and being confined to the basement level of the
building at 521 Kirkwood 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 -4B -5E, City of Iowa City,
Iowa.
�',
Lowell Brandt, Chairperson
STATE OF IOWA
JOHNSON COUNTY) 000033
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 13, 2000
Page 5
Decision herein is a true and correct copy of the Decision that was passeA by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the _/-3 day of /200*
as the same appears of record in my Office.
Dated at Iowa City, this day of 2001.
Shareftoafiles/decisions.,
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Marin K. Karr, City Clerk
NOTARIAL SEAL
000034
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 14, 2001 —5 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Kate Corcoran, Mike Paul,
MEMBERS ABSENT: None absent
STAFF PRESENT: Sarah Holecek, Karen Howard, Mitch Behr
OTHERS PRESENT: Michael Pugh, David Tingwald, Joe Marron
SPECIAL EXCEPTION ITEM:
FILED NO. 018547
"V AGE.
01 APR 13 PFI 1:51
VIRO����yy��' 11Y RECORDER
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EXCO1-00003. Public hearing on an application submitted by Lary and Charmaine Svoboda
for a special exception to reduce the front yard setback for property located at 112/118
Bloomington Street in the Planned High Density Multifamily (PRM) Zone.
Findings of Fact: The Board finds that the situation in this case is unique because the
required setback of 15 feet would result in the proposed building be located further from the
street than other buildings along the frontage. The Board also finds that there is practical
difficulty in meeting the parking, landscaping, and side yard requirements of the PRM zone
if the special exception is not granted. The Board finds that the proposed exception will not
be injurious to the use and enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair values in the neighborhood, because reducing the front
yard setback will equally or better meet the purposes of the setback regulations and result
in the building being located in line with the existing buildings along the frontage and in
harmony with the surrounding neighborhood and the existing streetscape.
Conclusions of Law: The Board concludes that the applicant's request to reduce the front
yard setback from 15 feet to 4 feet 6 inches meets the specific standards of uniqueness and
practical difficulty outlined in subsection 14-6Q-46 of the Zoning Chapter. The Board also
concludes that the request meets the general standards for granting a special exception as
set forth in subsection 14 -6W -2B.
Disgosition: By a vote of 5-0, the Board approved EXC01-00003, a special exception to
reduce the front yard setback from 15 feet to 4 feet 6 inches for property located in the
Planned High Density Multi -family (PRM) Zone at 112 and 118 Bloomington 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 1446-5E, City of Iowa City,
Iowa.
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY MARCH 14, 2001
Page 2
ie& L4xaw
Kate Corcoran, Chairperson
STATE OF IOWA
JOHNSON COUNTY
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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 /-f day of M ARCµ 2001,
as the same appears of record in my Office.
Dated at Iowa City, this iJ day of A -pp, i L- 2001.
Shared/boafAes/decisions
Mari K. Karr, City Clerk
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Prepared by: Karen Howard, ss'C1 Elanner, 410 E. Washington, Iowa City, IA 52240; 3 t
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DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL11, 2001 — 5 P.M.
CIVIC CENTER COUNCIL CHAMBERS
ZUBI MAY I,5IitRl 12!!531 y kECOROER
IOWA CITY, IOPIA
CITY CLERK
IOWA CITY IOWA
MEMBERS PRESENT: T.J. Brandt, Vincent Maurer, Dennis Keitel, Kate Corcoran, Mike Paul
MEMBERS ABSENT: None
STAFF PRESENT: Sarah Holecek, Mitch Behr, Doug Boothroy, Karen Howard, Dianne Crossett
OTHERS PRESENT: Dick Kruse, Gerry Ambrose, Gary Smith, Judy Good, Hamed Tewfick, Tom
Gelman, Gene Laraviere, Duane Musser, John Kammermeyer, John Hayek, Sarah Paulson,
David Tingwald, Joe Marran, Tim Walker, Claire Spansler, Steve Ballard
SPECIAL EXCEPTION ITEMS:
1) EXC01-00004 —Public hearing regarding an application submitted by the Preucil School of
Music for a special exception to establish a school of specialized instruction on lot 7 of the
Northgate Corporate Park, Phase 2 in the Research Development Park (RDP) Zone.
Findings of Fact: The Board finds that the proposed use will not be injurious to the use and
enjoyment of other property in the immediate vicinity nor will it impede the normal and
orderly development and improvement of the surrounding property for uses permitted in the
Research Development Park Zone because the school's hours of operation and proposed
activity on the site will not generate excess amounts of traffic, congestion, or noise. The
Board also finds that the proposed use will be compatible with other uses in the zone
because it will be developed in compliance with the Northgate Corporate Park, Phase II,
Development Standards, which were adopted to ensure high quality site design that is
pleasing to occupants, visitors, and neighbors. The Board finds that the proposed music
school is consistent with the City's Comprehensive Plan, because it will be designed in a
manner that is consistent with other uses permitted in the Research Development Park
Zone.
Conclusions of Law: The Board concludes that the request to establish a school of
specialized instruction on lot 7 of the Northgate Corporate Park, Phase II, meets the general
standards for granting a special exception as set forth in subsection 14 -6W -2B, subject to
compliance with the general and specific development standards of the Research
Development Park Zone and the Northgate Corporate Park, Phase II.
Disposition: On vote of 5-0, the Board approved EXC01-00004, a special exception to
permit a school of specialized instruction on lot 7 of the Northgate Corporate Park, Phase II,
in the Research Development Parking (RDP) Zone, subject to compliance with the general
requirements of the RDP Zone as well as the more specific requirements outlined in the
Northgate Corporate Park, Phase II, Development Standards.
2) EXC01-00006 — Public hearing regarding an application submitted by Ambrose Properties,
LC for a special exception to permit an auto- and truck -oriented use in the Community
Commercial (CC -2) Zone and to reduce the front yard setback for property located at t.
814/820 Orchard Street.
000821
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2001
Page 2
FILED
2001 MAY 15 PH 2: 53
Findings of Fact: The Board finds that the noise, traffic, and other impaeTaf t r,aKpsed
use will be similar to other commercial uses already established in th"000rQjrfi>y 101/ A
Commercial Zone. However, the Board finds that the potential noise, large signs, bright
lights, and commercial activity of this specific proposed auto- and truck —oriented use,
namely an auto and truck rental business may have a negative impact on the adjacent
residentially -zoned properties. However, the Board finds that if the site is designed to
effectively screen the commercial activity from view of the residential properties, the impacts
will be minimized to an extent that the residential properties will not be unduly affected.
With regard to the second special exception request to reduce the front yard along Orchard
Street, the Board finds that the situation is unique in that the small size of the site makes it
difficult to accommodate the amount of parking required for most commercial uses that
might locate in the Community Commercial Zone. The Board finds that the City's Zoning
Code encourages the provision of adequate off-street parking to prevent spillover on to
adjacent residential streets and that the applicant will have practical difficulty
accommodating the amount of space needed for parking and vehicle storage unless the
front yard is reduced. The Board also finds that the request to reduce the front yard from
20 feet to 5 feet is substantial. Because of the associated noise and potential aesthetic
impact of the proposed use, the Board finds that this substantial reduction will be a
detriment to the residentially -zoned property across the street from the subject property if
the area will be used for maneuvering, parking, and storage of vehicles. However, the
Board finds that if the front yard is reduced to accommodate a building that would effectively
screen the commercial activity from view of the adjacent residentially zoned properties, the
yard reduction is a reasonable solution to the difficulties caused by the size of the site.
Conclusions of Law: The Board concludes that the request to establish an auto- and truck -
oriented use on property located at 814/820 Orchard Street in the Community Commercial
(CC -2 Zone) meets the general special exception review standards (14 -6W -2B), provided
that certain conditions are met to mitigate any negative impacts on the adjacent
residentially -zoned properties. The Board also concludes that the request to reduce the
front yard on the above -referenced property meets the tests of uniqueness and practical
difficulty (14 -6Q -4B) stated in the Zoning Code. The Board also concludes that this request
meets the general special exception review standards (14 -6W -2B), provided that the yard is
reduced only for that portion of the Orchard Street frontage that is covered by a building, so
that the commercial activity on the site is screened from view of the adjacent residentially
zoned properties.
Disposition: On a vote of 5-0, the Board approved EXC01-00006, a special exception to
permit a truck- and auto -oriented use in the Community Commercial (CC -2) Zone at
814/820 Orchard Street, subject to the following conditions:
• The special exception is granted for as long as the property remains an auto and truck
rental use;
• The site must be designed so that the building is located along the western property line
so that the commercial use is effectively screened from view of the adjacent residential
zone;
• Any frontage along Orchard Street that is not covered by building area or driveway must
be screened according to the standards outlined in 14-6S-11 of the Zoning Ordinance;
Any signs located along Orchard Street may not be illuminated; and
Fascia signs located along Orchard Street are limited to eight (8) square feet in size.
000822
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2001
Page 3
FILED
2001 MAY 15 PM 2: 53
On a vote of 5-0, the Board also approved EXC01-00006, a special excep&'i fo(%Whe
front yard setback from 20 feet to 5 feet for the length of the building v4OWAtq�+����
Orchard Street for property located in the Community Commercial (CC -2) Zone at 8147264
Orchard Street, subject to the following conditions:
For any portion of the Orchard Street frontage that is not covered by a building, the
required front yard remains 20 feet.
3) EXC01-00007 — Public hearing regarding an application submitted by Judith M. Good for a
special exception to permit a bed and breakfast inn on lots 17, 18, and 19 of the Meadow
Ridge Subdivision in a Single Family (RS -12) Zone.
Findings of Fact: The Board finds that the request to establish a bed and breakfast inn on
lot 19 of the Meadow Ridge Subdivision, Part Two, will not be injurious to the use and '
enjoyment of other property in the immediate vicinity because the site is large enough to
accommodate this use and the associated parking. The Board finds that the applicant's
proposal to purchase lots 17 and 18 and maintain these as private open space will act as a
benefit to the proposed use and to the neighborhood as a whole. The Board also finds that
traffic that will be generated by this use will be minimal and customers of the inn will not
have to drive through the adjacent residential area to access the site. The Board finds that
the use of this proposed single family home as a bed and breakfast inn will be consistent
with the Comprehensive Plan for the City because the proposed special exception does not
exceed the residential density intended for this area of the City.
Conclusions of Law: The Board concludes that the request to establish a bed and breakfast
inn on lot 19 meets the general special exception review standards (14 -6W -2B) contained in
the Zoning Code.
Disposition: On a vote of 5-0, the Board approved EXC01-00007, a special exception to
permit a bed and breakfast inn on lot 19 of the Meadow Ridge Subdivision, Part 2, in the High
Density Single Family (OSA/RS-12) Zone.
APPEAL:
AP00-0001/AP01-00002. Public hearing on an appeal of a decision made by the Director of
Housing and Inspection Services to deny a minor site plan submitted by Bloomington
Properties, L.L.P. for a medical office building and associated parking lot located at 510/512
East Bloomington Street in the Commercial Office (CO1) zone.
Findings of Fact: The Board finds that the Director of Housing and Inspection Services has the
authority to approve or deny minor site plans based on the criteria set forth in Article 14-5H of
the Iowa City Code of Ordinances, which states that site plans shall be submitted, reviewed
and approved by the City prior to the issuance of a building permit for development of any lot,
tract or parcel of land. However, the Board finds that the Director of Housing and Inspection
Services made two errors in his decision to deny the minor site plan based on the facts of the
matter. The Board finds that the decision by the Director of Housing and Inspection Services
to deny the appellant's minor site plan due to failure to meet the Vehicle and Pedestrian
000823
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2001
Page 4
FILED
2001 MAY 15 PM 2: 5�
Circulation Standard, 14 -5H -5F, is not reasonable. The Board finds that while access from the
subject property to a City street is available from the rear alley, the condi"y @PR is not
adequate for primary access for patients of the proposed medical offife the
alley is not maintained to the same standard as are the City streets. The �go``ar also ins at
a curb cut for this particular use, which is anticipated to generate approximately 4 vehicle trips
per hour, is not likely to create a significant safety hazard. On the second matter of building
location, the Board finds that the City's decision to deny the minor site plan based on the
proposed location of the building and the parking was not reasonable given that the building
official relied on the purpose statement of the site plan ordinance (14-5H-1) rather than on any
specific design standard enumerated in the ordinance. The Board finds that there are no
specific design standards in the ordinance that regulate the location of the building or the
parking for office uses.
Conclusions of Law: The Board concludes that the City has the authority to approve or deny
minor site plans as set forth in Article 14-5H of the City Code and that the City Code grants
discretion to the Director of Housing and Inspection Services to deny minor site plans based
on certain criteria, as set forth in Article 14-5H. However, the Board also concludes, given the
facts in evidence, that the City erred in its application of Article 14-5H of the City Code to deny
the minor site plan submitted by Bloomington Building Properties, L.L.P.
Disposition: By a vote of 5-0, the Board approved AP00-0001, an appeal of a decision made
by the Director of Housing and Inspection Services to deny a minor site plan submitted by
Bloomington Properties, L.L.P for a medical office building and associated parking lot located
at 510/512 East Bloomington Street in the Commercial Office (CO1) zone.
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 14-46-5E, City of Iowa City,
Iowa.
Kate Corcoran, Chairperson
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the day of , 2001,
as the same appears of record in my Office.
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2001
Page 5
Dated at Iowa City, this
Shamd/boafiles/decisions
day of 2001.
A 7vo52�
Mari K. Karr, City Clerk
CORPORATE SEAL
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Prepared by: Karen Howard,paaynPlanner, 410 E. Washington, Iowa City, IA 52240; 319/2BUM'NO
VEt.
DECISION 401`0o
IOWA CITY BOARD OF ADJUSTMENT 01 MAY 30 PM 3: 54
WEDNESDAY, MAY 9, 2001 — 5 P.M. )OHNSON COUNTY RECORDER
CIVIC CENTER COUNCIL CHAMBERS IOWA CITY. IOWA
MEMBERS PRESENT: T.J. Brandt, Vincent Maurer, Dennis Keitel, Kate Corcoran, Mike Paul
MEMBERS ABSENT: None
STAFF PRESENT: Sarah Holecek, Mitch Behr, Karen Howard, John Yapp
OTHERS PRESENT: Steve Ballard, John Fitzpatrick, Steve Rohrbach, Jim Wachendorf, Randy
Downes, Dick Donohue, Larry Christianson
APPEAL:
1. AP01-00001. Discussion of whether the Board of Adjustment has jurisdiction to hear an
appeal of the determination of the Iowa City Building Official that the use of a portion of
property located in the Central Business (CB -10) Zone at 319 East Washington Street as a
parking lot is not a permitted use.
Findings of Fact: A majority of the Board finds that the Board has the jurisdiction to hear this
appeal because the Zoning Code sets forth the Board's powers in broad terms "to hear and
decide appeals where it is alleged there is error in any order, requirement, decision or
determination made by the City Manager or designee in the enforcement of this (Zoning)
Chapter or of any ordinance adopted pursuant thereto (14 -6W -2A)." A majority of the Board
also finds that the matter appealed, namely that the Director of Housing and Inspection
Services erred in making the determination that the use of a portion of property at 319 East
Washington Street as a parking lot is not a permitted use, is included under the broad
language of 14 -6W -2A. One Board member finds that the Board should not hear this matter
since it already heard and ruled on this matter in 1996 when the Board granted the appellant a
special exception (EXC96-0029) to use a portion of the subject property as a parking lot
subject to certain conditions. This Board member also finds that since the Board already
granted a special exception for a parking lot at 319 E. Washington Street and the City's action
is in enforcement of the Board's own order, the current dispute is being properly heard at the
District Court level.
Conclusions of Law: A majority of the Board concludes that the Board has the authority and
jurisdiction to hear this appeal as set forth in Article W of the Iowa City Zoning Ordinance.
Disposition: By a vote of 4-1, the Board approved a motion to hear AP01-0001, an appeal of
the determination of the Iowa City Building Official that the use of a portion of property in the
Central Business (CB -10) Zone at 319 East Washington Street as a parking lot is not a
permitted use.
SPECIAL EXCEPTION ITEMS:
1. EXC00-00005. Public hearing on an application submitted by Iowa Gamma Alumni of
Sigma Phi Epsilon fraternity for a yard reduction to permit an accessory structure,
specifically a storage shed, to be located within five feet of the Ronalds Street right-of-way,
for property in the Medium Density Single -Family (RS -8) zone at 220 Ronalds Street.
000555
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 9, 2001
Page 2
Findings of Fact: The Board finds that the shed in question is located on property in the
Medium Density Single -Family (RS -8) zone, and the Sigma Phi Epsilon fraternity it is
accessory to, a multi -family use, is located in the High Density Multi -Family (RM -44) zone.
Multi -family uses, including accessory structures, are not permitted in single-family zones.
In addition to the shed being within the 20 -foot front yard, the Board finds'the shed is
located less than one foot to the side property line, and accessory structures are required to
be at least five feet from the side and rear property lines. The Board finds that although the
property the shed is on is owned by the fraternity, because it is in a single-family zone, the
special exception for a yard setback reduction request cannot be granted.
Conclusions of Law: Because there are zoning rode compliance issues associated with the
location of the shed, including the accessory multi -family structure being within a single-
family zone, and being less than five feet to the side property line, the application does not
meet the general standards for special exception review, as enumerated in City Code
subsection 14 -6W -2B. Specifically the application does not meet the requirement that the
use in all other respects than the proposed special exception conforms to all other
applicable regulations.
Disposition: By a vote of 0-4, the Board denies EXC01-00005, a request for a special
exception for a yard setback reduction for property in the Medium Density Single -Family
(RS -8) zone at 220 Ronalds Street.
2. EXC01-00009. Public hearing on an application submitted by Hy -Vee Inc. for a special
exception to permit an auto and truck oriented use, specifically a drive-through pharmacy
facility, for property located in the Neighborhood Commercial (CN -1) zone at 1201 North
Dodge Street.
Findings of Fact: The Board finds the proposed location of the drive-through pharmacy, at
the southwest corner of the building, is well separated from other vehicular and pedestrian
use areas. The stacking space associated with the drive through lane is adequate for a
queue of three vehicles, which is appropriate for a drive-through pharmacy use given
statistical use rates. To address concerns with noise and nighttime operation of the drive-
through facility, the Board finds it is appropriate to require the operations of the facility be
limited to 7 AM to 9 PM, and that no loudspeaker system be permitted to be used.
Conclusions of Law: The Board concludes that the application meets the standards for an
auto -and -truck oriented use in the Neighborhood Commercial (CN -1) zone as permitted in
City Code section 14-6E-2 and 14 -6L -1W. The Board concludes the drive-through
pharmacy facility is well separated from other vehicular and pedestrian use areas, has
adequate stacking space for up to three vehicles, and with limitations on the hours of
operation and not allowing a loudspeaker system, should have minimal impact on
surrounding properties. The Board further concludes the application meets the general
standards for special exception review as specified in City Code subsection 14 -6W -2B.
Disposition: By a vote of 5-0, the Board approves EXC01-00009, a special exception for an
auto -and -truck oriented use, specifically a drive-through pharmacy facility, for property in
the Neighborhood Commercial (CN -1) zone at 1201 North Dodge Street, subject to the
drive-through facility not being operated outside of the hours between 7 AM and 9 PM, and
no loudspeaker being used for the facility.
000556
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 9, 2001
Page 3
3. EXC01-00010. Public hearing of an application submitted by Christ the King Lutheran
Church for a special exception to permit an expansion of a religious institution in a Low
Density Multi Family (RM -12) Zone at 325 Mormon Trek Boulevard.
Findings of Fact: The Board finds that the subject property has access to two arterial streets
and the property exceeds the minimum lot area requirement for religious institutions. The
Board finds that the existing building setback along the east side of the property does not
meet the minimum yard requirement for religious institutions. The Board also finds that the
existing church was built prior to the adoption of this minimum yard requirement and has
been in continuous use as a religious institution to the present time. Further, the Board finds
that the proposed expansion of the building will not reduce the size of the yard on the east
side of the building. The Board finds that the proposed exception will not be injurious to the
use and enjoyment of other property in the area because the addition will provide for better
accessibility and pedestrian circulation within the church and between the church and the
parking area, the parking area will be re -striped to improve traffic circulation, ingress and
egress will not change, and the number of parking spaces will exceed the amount required
by the Zoning Ordinance. The Board finds that the proposed exception will be beneficial to
the public health, safety and general welfare because the existing private septic systems
and well will be abandoned and the site will be connected to the City's sewer and water
system.
Conclusions of Law: The Board concludes that, with the exception of the minimum yard
setback requirement, the proposal meets the development standards for a religious
institution contained in Article L of the Iowa City Zoning Chapter. The Board also concludes
that the church building is a legally nonconforming structure and since the proposed
addition does not extend or increase this nonconformity, the building is not subject to the
minimum yard requirement. The Board concludes that the proposed expansion meets the
general special exception review standards set forth in section 14 -6W -2B of the Iowa City
Code of Ordinances.
Disposition: By a vote of 5-0, the Board approves EXC01-00010, a special exception to
permit an expansion of a religious institution for property located in a Low Density Multi
Family (RM -12) Zone at 325 Mormon Trek Boulevard.
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 14-413-5E, City of Iowa City,
Iowa.
z
Kate Corcoran, Chairpers n
00055'7
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 9, 2001
Page 4
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 day of 2001,
as the same appears of record in my Office.
Dated at Iowa City, this day of %! 2001.
ShamcUboafilesideoislons
Ma�aa K. Karr, City Clerk 1
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000558
K FEE
Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 O\��
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001 – 5 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Vincent Maurer, Dennis Keitel, Kate Corcoran
MEMBERS ABSENT: T.J. Brandt
STAFF PRESENT: Mitch Behr, Bob Miklo
OTHERS PRESENT: Brian Mitchell
SPECIAL EXCEPTION ITEM:
FILED t�J
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01 JUL 20 AM 9: 08
HNSORW CITYNWA RDER
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1. EXC00-00012. Public hearing on an application submitted by the Hawkeye State Bank for a
special exception to permit the expansion of an auto- and truck -oriented use, namely the
construction of an additional drive-through lane and to reduce the number of stacking
spaces required for this drive-through lane for property located in the Community
Commercial (CC -2) Zone at 1910 Lower Muscatine Road.
Findings of Fact: The Board finds that the proposed drive-through lane will not interfere with
traffic circulation on the subject property because the drive-through lanes are adequately
separated from the area designated for parking. The Board also finds that due to the lack of
directional signage and pavement arrows that customers unfamiliar with the site may have
trouble determining which way to enter the drive-through facility resulting in the potential for
cars exiting the drive-through to be in conflict with cars entering the bank property from Mall
Drive. However, the Board finds that if the applicant installs directional signage and
pavement markings, traffic circulation will be improved on the site such that it will reduce
conflicts between entering and exiting cars and prevent traffic spillover on to public streets
at the access points to the property. The Board also finds that given the traffic counts
submitted in evidence and the projected increase in traffic anticipated for the additional
drive-through lane that four additional stacking spaces are adequate to accommodate the
anticipated traffic utilizing the third drive-through lane.
Conclusions of Law: The Board concludes that the proposed special exception to expand a
auto- and truck -oriented use, namely to construct an additional drive-through lane for a
financial institution and to reduce the number of stacking spaces required for the proposed
drive-through lane from six spaces to four spaces, meets the general special exception
review standards stated in 14 -6W -2B of the Iowa City Code of Ordinances. The Board also
concludes that if directional signs and pavement markings are installed as specified below
that the ingress and egress from the property will be sufficient to minimize traffic congestion
on public streets.
Disposition: By a vote of 4-0, the Board approves EXC01-00012, a special exception to
permit the expansion of an auto- and truck -oriented use, namely, the construction of an
additional drive-through lane for a financial institution and to reduce the number of stacking
spaces required for the proposed drive-through lane from six spaces to four spaces for
property located in the Community Commercial (CC -2) Zone at 1910 Lower Muscatine
Road, provided that directional signs are installed at all vehicle access points to the property
and directional arrows are painted on the pavement in appropriate locations to indicate
traffic flow through the drive-through facility.
000385
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
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 14-413-5E, City of Iowa City,
low .
LXMAA 1 d7 Approved by:
Kate Corcoran, Chairperson
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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 bX the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 4.9 day of 2001,
as the same appears of record in my Office.
Dated at Iowa City, this / % ` day of r 2001.
ShareNLoa(lesloecisions
Marian K. Karr, City Clerk
CORPORATE SEAL
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 '0()09
FILED N0.
DECISION
BOOK 119_?APF.__5
IOWA CITY BOARD OF ADJUSTMENT
01 AUG 22 AM 8: 52
WEDNESDAY, AUGUST 15, 2001 — 5 P.M.
EMMA J: HARVAT HALL
OHNSON COUNTY RECORDER
IOWA CITY, IOWA
MEMBERS PRESENT: Vincent Maurer, Dennis Keitel, Kate Corcoran, T.J.
Brandt
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MEMBERS ABSENT: Mike Paul
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STAFF PRESENT: Karen Howard
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OTHERS PRESENT: Michael Gunn, Joe Holland
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SPECIAL EXCEPTION ITEMS:
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1. EXCO1-00018. Public hearing on an application submitted by James A.
Clark for a special
exception to permit dwelling units on the ground floor of an Iowa City Landmark and to
reduce the required yards along the east, north and south sides of the subject property and
to reduce the required horizontal distance between two buildings on a property
located in
the Central Business (CB -10) Zone at 307 East College Street.
Findings of Fact: The Board finds that
• the proposed dwelling units will be located on the ground floor of buildings on property
designated as an Iowa City Historic Landmark.
• a preliminary rehabilitation plan for the historic landmark property has been reviewed
and approved by the Iowa City Historic Preservation Commission, subject to submission
of final plans and drawings by the applicant.
• providing for the adaptive reuse of the historic landmark building is consistent with
provisions of the Iowa City Comprehensive Plan.
• the existing historic building on the property does not lend itself to commercial use,
because it was not originally constructed as a commercial building, it is setback from the
street, the entrance is not at or near grade, the windows are elevated above the street
level.
• adapting the historic building for commercial uses would result in changes to the interior
and exterior of the building that would not be necessary if adapted for residential uses.
• the property is not located within the main storefront commercial area of the downtown.
• other than 40 feet of frontage along College Street, the new building proposed for the
remainder of the site will not have ground floor space that is viable for commercial uses,
due to limited street visibility.
• there is practical difficulty meeting the yard requirements along the east, north, and
south side of the property due to the location and unique characteristics of the old library
building.
• reducing the yard requirements will result in buildings that are in better alignment with
other buildings in the vicinity and in the CB -10 Zone in general.
• There is practical difficulty meeting the horizontal distance requirement between the old
library building and the proposed new building due to the location and unique
characteristics of the existing building.
• Reducing the required distance between the two buildings on the site will be consistent
with the density of development in the CB -10 Zone.
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 15, 2001
Page 2 0
0
Conclusions of Law: The Board concludes that the proposed exception meets he-spe c E
(14-6E-8D and 14-6E-8G-3) and general (14-6W-2B) special exception standa6d4o pemnit
dwellings on or below the ground floor of building located on property designa as arr'
Iowa City Historic Landmark. The Board concludes that the proposed use will:fot •-
significantly alter the overall commercial character of the Central Business (Cg:310) Zorn
and that conditions on the site limit the ability of the site to accommodate commercial uses
on the ground floor of both the old library building and the proposed new building, except for
40 feet of frontage in the proposed new building along College Street. The Board
concludes that the existing building on the site does not exhibit the characteristics of a
commercial storefront building, as defined in 14-6E-8D(d). The Board also concludes that it
is necessary under the circumstances to reduce the required yards along the north, east,
and south sides of the property and also necessary to reduce the horizontal distance
between the existing and proposed buildings on the site due to unique characteristics of the
property.
Disposition: By a vote of 4-0, the Board approves EXC01-00018, a special exception to
permit dwellings on or below the ground floor of buildings located on a property designated
as an Iowa City Historic Landmark in the Central Business (CB-10) Zone at 307 E. College
Street, subject to the following conditions:
• City Council approval of an ordinance amending the Zoning Code giving authority to the
Board of Adjustment to approve by special exception dwellings on or below the ground
floor of a building designated as an Iowa City Historic Landmark and to approve
modifications to dimensional requirements contained in the Zoning Ordinance; and
• Historic Preservation Commission approval of a rehabilitation plan for the property at
307 E. College Street.
By a vote of 4-0, the Board also approves a special exception to modify the dimensional
requirements as follows:
• Reduce the required yards along the north, south, and east sides of the property to 3.46
feet along College Street, 3 feet along the south side of the property, and 5.32 feet
along the east side of the property.
• Reduce the required horizontal separation between the building on the site to 10.5 feet.
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.
AP ilate)ata 4*)/7
1 410,
Kate Corcoran, Chairperson „iv'
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City Att. ney's- 7
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000006
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 15, 2001
Page 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 I5' day of ‘ker.d..."--, 2001,
as the same appears of record in my Office.
Dated at Iowa City, this day of_ , 2001.
Marian . Karr, City Clerk
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STATE OF IOWA ) BOT4
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COUNTY OF JOHNSON ) 01 SEP —7 F'f 3: 53
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I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that t4tfached
August 6, 2001, memorandum regarding non-substantive typographical errors in the
July 2001 Board of Adjustment Decision; and the July 11, 2001, Board of Adjustment
Decision, are true and correct copies, all as the same appears of record in the City Clerk's
office.
Dated at Iowa City, Iowa, this 61h day of September, 2001.
MY--e--ti-7-r---) c1141,1
Marr K. Karr
City Clerk
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CORPORATE SEAL
000 _
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52 2 40-1 826-• (319) 356-5000 • FAX (319) 356-5009
City of Iowa City
MEMORANDUM
August 6, 2001
To: Marian Karr, City Clerk
11)
From: Karen Howard, Board of Adjustment Secretaryit
Re: July 2001 Board of Adjustment Decision y
It has come to my attention that the Board of Adjustment decision for the July
11, 2001 meeting that was filed with your office on August 2, 2001 contains
several non-substantive typographical errors. It is the purpose of this memo to
give official notice of these errors for the record.
Please note the following typographical errors:
• The header on pages 2-4 of the decision states "JUNE 13, 2001." It should
state "July 11, 2001."
• Under special exception item number 1., paragraph one, the file number
should read, "EXC01-00013," instead of"EXC00-00013."
• Under special exception item number 2., paragraph one, the file number
should read, "EXC01-00014," instead of"EXC00-00014."
• Under special exception item number 3., paragraph one, the file number
should read, "EXC01-00017," instead of"EXC00-00017."
Please file this memo with the official decision that was filed on August 2, 2001.
N_
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000498
2x,0FEE
• Prepared by:Karen Howard,Associate Planner,410 E.Washington, Iowa City, IA 52240;319/356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 11, 2001 —5 P.M. o
CIVIC CENTER COUNCIL CHAMBERS ,�.
it
MEMBERS PRESENT: Vincent Maurer, Dennis Keitel, Kate Corcoran, Mike Paul, -1c-4-Brandt r=
- N m
MEMBERS ABSENT: None 71 0
STAFF PRESENT: Mitch Behr, Karen Howard, John Yapp, Doug Boothroy W
q f1
OTHERS PRESENT: Ken Paulsley, Jong Koo Lee, Dave McLaughlin, William r ob 094894
Downer, Steven Ballard, Robert Burns, Jesse Burns BOOK
1
SPECIAL EXCEPTION ITEMS: 0 ;tjG 14 AM 8: 58
1. EXC00-00013. Public hearing on an application submitted by the All Natioth: iBap'tisADUR i Y RECORDER
Church for a special exception to permit the expansion of a religious institution irh AK-t IOWA
Density Single Family (RS-5) Zone at 1715 Mormon Trek Boulevard.
Findings of Fact: The Board finds that the proposed exception meets the specific standards
for access and minimum lot area that pertain to religious institutions because the property
has access to Mormon Trek Boulevard, an arterial street, and the lot area of 5.69 acres
exceeds the minimum requirement of 40,000 square feet. The Board also finds that the
proposed exception meets the minimum yard requirements for religious institutions given
that the Board approved a yard setback along Hwy 218 in April 2000. The Board finds that
given the increase in impervious surface on the property that the stormwater management
facility should be reevaluated to ensure that it is adequate. The Board also finds that the
expansion of the parking area will not be detrimental to the public health or to surrounding
properties because adequate parking prevents spillover onto adjacent residential streets
and the proposed landscaping will screen and shade the proposed parking lot and volleyball
court.
Conclusions of Law: The Board concludes that the proposed exception meets the specific
(14-6L-10) and general (14-6W-2B) special exception standards for religious institutions,
provided that stormwater calculations are submitted showing that the existing stormwater
management facility is adequate for the site.
Disposition: By a vote of 5-0, the Board approves EXC01-00013, a special exception to
permit the expansion of a religious institution in a Low-Density Single Family (RS-5) Zone at
1715 Mormon Trek Boulevard, provided that new stormwater calculations are submitted to
the City. If it is determined that the capacity of the stormwater facility is inadequate, the
applicant must upgrade the facility to meet City standards.
2. EXC00-00014. Public hearing on an application submitted by Systems Unlimited, Inc. for a
special exception to permit a school of specialized instruction on lot 27 of the Scott-Six
Industrial Park in the General Industrial (I-1) Zone.
Findings of Fact: The Board finds that the proposed use will not be injurious to the use and
enjoyment of other property in the immediate vicinity because the anticipated traffic, noise
and congestion will be similar or less than other uses permitted in the General Industrial
Zone. The Board finds that the applicant has provided sufficient evidence that the potential
lack of public transit will not significantly impact operation of the facility, since the applicant
000499 - 689865
'IOWA CITY BOARD OF ADJUSTMENT
' ' WEDNESDAY, JUNE 13, 2001
Page 2
anticipates providing most, if not all, transportation to the site via private vehicles, Johnson
County SEATS, and private vans. The Board also finds that since some clients and
employees of Systems Unlimited will walk, bike, or take public transit, that safety on the site
will be improved by construction of a sidewalk along the Liberty Drive frontage. The Board
finds that the applicant has engaged in good planning for future use of the site and
therefore finds that granting an extended period of time to establish the proposed use is
warranted.
Conclusions of Law: The Board concludes that the proposed school of specialized
instruction meets the general special exception standards in the City Code (14-6W-2B). The
Board also concludes that an extension of the time period to establish the proposed use is
warranted under the circumstances.
Disposition: By a vote of 5-0, the Board approves EXC01-00014, a special exception to
permit a school of specialized instruction on lot 27 of the Scott-Six Industrial park in the
General Industrial (I-1)Zone, subject to construction of a sidewalk built to City standards
along the Liberty Drive frontage. By a vote of 5-0, the Board also extends the period
allowed to establish the use until May of 2005, without requiring the applicant to request an
extension from the Board every six months.
3. EXC00-00017. Public hearing on an application submitted by AutoSmart of Iowa City, L.L.C.
for a special exception to permit an auto-and truck-oriented use in the Community
Commercial (CC-2) Zone at 620 South Riverside Drive.
Findings of Fact: The Board finds that the proposed use is similar to other adjacent auto-
and truck-oriented uses in the immediate vicinity and therefore finds that the proposed use
will not have an injurious effect on neighboring properties. The Board also finds that since
the property is currently vacant and in disrepair that the proposed use will be an
improvement to the general appearance of this commercial corridor, provided that adequate
landscaping is established between the parking lot and the public sidewalk. The Board finds
that while access to the arterial street is not ideal, it is similar to other properties along
Riverside Drive and due to the size of the property, shared access with other properties in
the vicinity is not feasible.
Conclusions of Law: The Board concludes that the proposed auto- and truck-oriented use
meets the general special exception standards in the City Code (14-6W-2B), provided that
adequate landscaping is established to buffer the public sidewalk from the parking lot
paving.
Disposition: By a vote of 5-0, the Board approves EXC01-00017, a special exception to
permit an auto- and truck-oriented use, a vehicle sales business, for property located in the
Community Commercial (CC-2) Zone at 620 S. Riverside Drive, subject to staff approval of
the landscaping plan as part of site plan approval. At a minimum, the landscaping plan shall
include nine feet (9') of grass or low shrubs and required street trees between the sidewalk
and the parking lot paving.
• 000500 .000066---
_
. IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
Page 3
APPEAL:
1) AP01-00001. Public hearing on an appeal by the Citizen Building Limited Partnership of
a decision made by the Director of Housing and Inspection Services in the enforcement
of the Iowa City Zoning Ordinance to the effect that the use of a portion of property at
319 East Washington Street as a parking lot is not a permitted use.
Findings of Fact: The Board finds that:
1.) The City did not make an error in interpreting the Zoning Ordinance with regard to the
nonconforming status of the parking lot. Section 14-6A-4D of the Zoning Code provides
that when a new use is established it must be brought into compliance with the off-street
parking regulations contained in the Code. The appellant established a new use on the
subject property, namely elderly apartment housing. Parking is an accessory use
intended to serve the primary use of elderly apartment housing in this case and must
comply with the parking regulations that pertain to the primary use. Since an accessory
use cannot be maintained lawfully in absence of a primary use, the parking previously in
existence to serve the Press Citizen newspaper publishing operation, ceased to be a
lawful use once the primary use, newspaper manufacturing, ceased operation in 1991.
2.) Per section 14-6W-4A of the City Code appeals must be received within a reasonable
time as provided by the rules of the Board. The Board's procedural rules state that
"appeals to the Board shall be filed with the City Clerk within a reasonable time after the
action appealed from." The appeal was not timely, approximately five years having
elapsed between the time the City gave notice to the appellant that they were in violation
of the Zoning Ordinance and the time they submitted this appeal to the Board. Evidence
submitted shows that the City clearly explained to the appellant their option to appeal
the City's determination to the Board of Adjustment in correspondence dated as early as
January of 1997 and yet the appellant made no attempt to remedy the situation. Despite
being given repeated notice and explanation from the City that they were in violation of
both the Zoning Ordinance and the conditions placed on the parking by the Board of
Adjustment in a special exception granted in December of 1996, the appellant continued
to use the parking without properly filing an appeal to the Board of Adjustment. Based
on the evidence submitted in the record the Board finds that the appellant engaged in
dilatory tactics in order to evade compliance with the Zoning Ordinance and with the
Board of Adjustment's December 1996 decision regarding the parking on property at
319 East Washington Street.
3.) The Zoning Ordinance (sections 14-6E-8A; 14-6N-1E; and 14-6N-1J) is clear in
language and intent that any parking beyond the minimum four parking spaces required
for elderly apartment housing in the CB-10 Zone must be approved by the Board of
Adjustment. The appellant was informed of this requirement in correspondence from
the City in November 1996. In December the appellant applied for and was granted a
special exception for eight parking spaces if certain conditions were met. Conditions
attached to that special exception have not been complied with and therefore the
appellant is in clear violation of both the Zoning Ordinance and the Board of
Adjustment's December 1996 Decision.
4.) The facts do not support a claim that the City should be estopped from enforcing the
Zoning Ordinance in this case, because the appellant did not give the City specific
notice or request a determination about parking on the property at the time they applied
for a building permit. The appellant also did not expend substantial funds in reliance on
any specific determination made by the City with regard to parking.
000501
. IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
Page 4
Conclusions of Law: The Board concludes that according to section 14-6A-4D of the City
Code and the specific definitions of accessory and primary use, the subject parking lot is not
a legal nonconforming use. The Board concludes that any parking beyond the minimum four
parking spaces required for elderly apartment housing in the Central Business (CB-10)
Zone must be approved by the Board of Adjustment through the special exception review
• process. The Board concludes that the City should not be estopped from enforcing the
Zoning Ordinance in this case. The Board also concludes that the appeal was not submitted
in a timely manner.
Disposition: By a vote of 1-4, the Board denies AP01-00001, an appeal of the determination
made by an Iowa City building inspector in the enforcement of the Iowa City Zoning
Ordinance to the effect that the use of a portion of property locally known as 319 East
Washington Street, Iowa City, Iowa as a parking lot is not a permitted use unless granted a
special exception by the Board of Adjustment.
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.
r,U7.vo--- e °! Approved by: _
Kate Corcoran, Chairperson
Si.IGsis. 7l2c./0i
City Attorney's ' ice
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 // day of Cep , 2001,
as the same appears of record in my Office.
Dated at Iowa City, this o2 day of Area-/' , 2001.
teP e
Karr, City Clerk
Shared/boafiles/decisions
O
000502
City of Iowa City
•
M MORANoUM
August 6, 2001
To: Marian Karr, City Clerk
From: Karen Howard, Board of Adjustment Secretary\
Re: July 2001 Board of Adjustment Decision
It has come to my attention that the Board of Adjustment decision for the July
11, 2001 meeting that was filed with your office on August 2, 2001 contains
several non-substantive typographical errors. It is the purpose of this memo to
give official notice of these errors for the record.
Please note the following typographical errors:
• The header on pages 2-4 of the decision states "JUNE 13, 2001." It should
state "July 11, 2001."
• Under special exception item number 1., paragraph one, the file number
should read, "EXC01-00013," instead of"EXC00-00013."
• Under special exception item number 2., paragraph one, the file number
should read, "EXC01-00014," instead of"EXC00-00014."
• Under special exception item number 3., paragraph one, the file number
should read, "EXC01-00017," instead of"EXC00-00017."
Please file this memo with the official decision that was filed on August 2, 2001.
fJ
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N.)
1
2-kU° FEE
. Prepared by: Karen Howard,Associate Planner,410 E.Washington, Iowa City, IA 52240;319/356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 11, 2001 — 5 P.M. O
CIVIC CENTER COUNCIL CHAMBERS 007 ,
MEMBERS PRESENT: Vincent Maurer, Dennis Keitel, Kate Corcoran, Mike Paul, TTJy randt �=
MEMBERS ABSENT: None
STAFF PRESENT: Mitch Behr, Karen Howard, John Yapp, Doug Boothroy (,
OTHERS PRESENT: Ken Paulsley, Jong Koo Lee, Dave McLaughlin, William r ob 014894
Downer, Steven Ballard, Robert Burns, Jesse BurnsBOCK ail 3PAGE 6_5
� �'
SPECIAL EXCEPTION ITEMS: 01 AUG 14 AM 8: 58
1. EXC00-00013. Public hearing on an application submitted by the All Y RECORDER
Church for a special exception to permit the expansion of a religious institution ig4tcca.Y, IOWA
Density Single Family (RS-5) Zone at 1715 Mormon Trek Boulevard.
Findings of Fact: The Board finds that the proposed exception meets the specific standards
for access and minimum lot area that pertain to religious institutions because the property
has access to Mormon Trek Boulevard, an arterial street, and the lot area of 5.69 acres
exceeds the minimum requirement of 40,000 square feet. The Board also finds that the
proposed exception meets the minimum yard requirements for religious institutions given
that the Board approved a yard setback along Hwy 218 in April 2000. The Board finds that
given the increase in impervious surface on the property that the stormwater management
facility should be reevaluated to ensure that it is adequate. The Board also finds that the
expansion of the parking area will not be detrimental to the public health or to surrounding
properties because adequate parking prevents spillover onto adjacent residential streets
and the proposed landscaping will screen and shade the proposed parking lot and volleyball
court.
Conclusions of Law: The Board concludes that the proposed exception meets the specific
(14-6L-10) and general (14-6W-2B) special exception standards for religious institutions,
provided that stormwater calculations are submitted showing that the existing stormwater
management facility is adequate for the site.
Disposition: By a vote of 5-0, the Board approves EXC01-00013, a special exception to
permit the expansion of a religious institution in a Low-Density Single Family (RS-5) Zone at
1715 Mormon Trek Boulevard, provided that new stormwater calculations are submitted to
the City. If it is determined that the capacity of the stormwater facility is inadequate, the
applicant must upgrade the facility to meet City standards.
2. EXC00-00014. Public hearing on an application submitted by Systems Unlimited, Inc. for a
special exception to permit a school of specialized instruction on lot 27 of the Scott-Six
Industrial Park in the General Industrial (I-1) Zone.
Findings of Fact: The Board finds that the proposed use will not be injurious to the use and
enjoyment of other property in the immediate vicinity because the anticipated traffic, noise
and congestion will be similar or less than other uses permitted in the General Industrial
Zone. The Board finds that the applicant has provided sufficient evidence that the potential
lack of public transit will not significantly impact operation of the facility, since the applicant
000065
- IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
Page 2
anticipates providing most, if not all, transportation to the site via private vehicles, Johnson
County SEATS, and private vans. The Board also finds that since some clients and
employees of Systems Unlimited will walk, bike, or take public transit, that safety on the site
will be improved by construction of a sidewalk along the Liberty Drive frontage. The Board
finds that the applicant has engaged in good planning for future use of the site and
therefore finds that granting an extended period of time to establish the proposed use is
warranted.
Conclusions of Law: The Board concludes that the proposed school of specialized
instruction meets the general special exception standards in the City Code (14-6W-2B). The
Board also concludes that an extension of the time period to establish the proposed use is
warranted under the circumstances.
Disposition: By a vote of 5-0, the Board approves EXC01-00014, a special exception to
permit a school of specialized instruction on lot 27 of the Scott-Six Industrial park in the
General Industrial (I-1) Zone, subject to construction of a sidewalk built to City standards
along the Liberty Drive frontage. By a vote of 5-0, the Board also extends the period
allowed to establish the use until May of 2005, without requiring the applicant to request an
extension from the Board every six months.
3. EXC00-00017. Public hearing on an application submitted by AutoSmart of Iowa City, L.L.C.
for a special exception to permit an auto- and truck-oriented use in the Community
Commercial (CC-2) Zone at 620 South Riverside Drive.
Findings of Fact: The Board finds that the proposed use is similar to other adjacent auto-
and truck-oriented uses in the immediate vicinity and therefore finds that the proposed use
will not have an injurious effect on neighboring properties. The Board also finds that since
the property is currently vacant and in disrepair that the proposed use will be an
improvement to the general appearance of this commercial corridor, provided that adequate
landscaping is established between the parking lot and the public sidewalk. The Board finds
that while access to the arterial street is not ideal, it is similar to other properties along
Riverside Drive and due to the size of the property, shared access with other properties in
the vicinity is not feasible.
Conclusions of Law: The Board concludes that the proposed auto- and truck-oriented use
meets the general special exception standards in the City Code (14-6W-2B), provided that
adequate landscaping is established to buffer the public sidewalk from the parking lot
paving.
Disposition: By a vote of 5-0, the Board approves EXC01-00017, a special exception to
permit an auto- and truck-oriented use, a vehicle sales business, for property located in the
Community Commercial (CC-2) Zone at 620 S. Riverside Drive, subject to staff approval of
the landscaping plan as part of site plan approval. At a minimum, the landscaping plan shall
include nine feet (9') of grass or low shrubs and required street trees between the sidewalk
and the parking lot paving.
000066
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
Page 3
APPEAL:
1) AP01-00001. Public hearing on an appeal by the Citizen Building Limited Partnership of
a decision made by the Director of Housing and Inspection Services in the enforcement
of the Iowa City Zoning Ordinance to the effect that the use of a portion of property at
319 East Washington Street as a parking lot is not a permitted use.
Findings of Fact: The Board finds that:
1.) The City did not make an error in interpreting the Zoning Ordinance with regard to the
nonconforming status of the parking lot. Section 14-6A-4D of the Zoning Code provides
that when a new use is established it must be brought into compliance with the off-street
parking regulations contained in the Code. The appellant established a new use on the
subject property, namely elderly apartment housing. Parking is an accessory use
intended to serve the primary use of elderly apartment housing in this case and must
comply with the parking regulations that pertain to the primary use. Since an accessory
use cannot be maintained lawfully in absence of a primary use, the parking previously in
existence to serve the Press Citizen newspaper publishing operation, ceased to be a
lawful use once the primary use, newspaper manufacturing, ceased operation in 1991.
2.) Per section 14-6W-4A of the City Code appeals must be received within a reasonable
time as provided by the rules of the Board. The Board's procedural rules state that
"appeals to the Board shall be filed with the City Clerk within a reasonable time after the
action appealed from." The appeal was not timely, approximately five years having
elapsed between the time the City gave notice to the appellant that they were in violation
of the Zoning Ordinance and the time they submitted this appeal to the Board. Evidence
submitted shows that the City clearly explained to the appellant their option to appeal
the City's determination to the Board of Adjustment in correspondence dated as early as
January of 1997 and yet the appellant made no attempt to remedy the situation. Despite
being given repeated notice and explanation from the City that they were in violation of
both the Zoning Ordinance and the conditions placed on the parking by the Board of
Adjustment in a special exception granted in December of 1996, the appellant continued
to use the parking without properly filing an appeal to the Board of Adjustment. Based
on the evidence submitted in the record the Board finds that the appellant engaged in
dilatory tactics in order to evade compliance with the Zoning Ordinance and with the
Board of Adjustment's December 1996 decision regarding the parking on property at
319 East Washington Street.
3.) The Zoning Ordinance (sections 14-6E-8A; 14-6N-1E; and 14-6N-1J) is clear in
language and intent that any parking beyond the minimum four parking spaces required
for elderly apartment housing in the CB-10 Zone must be approved by the Board of
Adjustment. The appellant was informed of this requirement in correspondence from
the City in November 1996. In December the appellant applied for and was granted a
special exception for eight parking spaces if certain conditions were met. Conditions
attached to that special exception have not been complied with and therefore the
appellant is in clear violation of both the Zoning Ordinance and the Board of
Adjustment's December 1996 Decision.
4.) The facts do not support a claim that the City should be estopped from enforcing the
Zoning Ordinance in this case, because the appellant did not give the City specific
notice or request a determination about parking on the property at the time they applied
for a building permit. The appellant also did not expend substantial funds in reliance on
any specific determination made by the City with regard to parking.
000067
' IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 13, 2001
Page 4
Conclusions of Law: The Board concludes that according to section 14-6A-4D of the City
Code and the specific definitions of accessory and primary use, the subject parking lot is not
a legal nonconforming use. The Board concludes that any parking beyond the minimum four
parking spaces required for elderly apartment housing in the Central Business (CB-10)
Zone must be approved by the Board of Adjustment through the special exception review
process. The Board concludes that the City should not be estopped from enforcing the
Zoning Ordinance in this case. The Board also concludes that the appeal was not submitted
in a timely manner.
Disposition: By a vote of 1-4, the Board denies AP01-00001, an appeal of the determination
made by an Iowa City building inspector in the enforcement of the Iowa City Zoning
Ordinance to the effect that the use of a portion of property locally known as 319 East
Washington Street, Iowa City, Iowa as a parking lot is not a permitted use unless granted a
special exception by the Board of Adjustment.
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.
�TP1 ({Tj
1 r,Cr7..®.__ • sl°l Approved by:
Kate Corcoran, Chairperson
U/'IG-I4 7/r
2c,/0/
City Attorney's (f ice
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 day of , 2001,
as the same appears of record in my Office.
Dated at Iowa City, this day of A .c4�' , 2001.
Ali. 2
MaK. Karr, City Clerk
Shared/boafiles/decisions
000068
1 1
Prepared by: Karen Howard,Associate Planner,410 E.Washington, Iowa City, IA 52240; 319/356-5251
DECISION FILED
IOWA CITY BOARD OF ADJUSTMENT 1\• 20llI NOV 27 AM II: 22
WEDNESDAY, OCTOBER 10. 2001 — 7 P.M. n0
EMMA J. HARVAT HALL W -��CI CITY CLERK_
MEMBERS PRESENT: Mike Paul, Dennis Keitel, Kate Corcoran, T.J. Brd�ft��A CI 1 Y IOWA
MEMBERS ABSENT: Vincent Maurer i�1 A 76y,,�
FILED HO 1`3 �7
STAFF PRESENT: Karen Howard, Sarah Holecek .gnpf; r
X150 , F
OTHERS PRESENT: Kevin Perez. Gary Smith 01 NOV 28 PH 2: 32
SPECIAL EXCEPTION ITEMS: 'OHNSON COUNTY RECORDER
IOWA CITY. IOWA
1. EXC01-00020. Public hearing on an application submitted by Kevin Perez for a special
exception to permit a commercial recreational use. specifically a restaurant with large play
areas and a video arcade in the Community Commercial (CC-2) Zone at 1660 Sycamore
Street (Sycamore Mall).
Findings of Fact: The Board finds that the proposed use will be compatible with other
commercial uses in the area and will contribute to the redevelopment of the Sycamore Mall.
The Board finds that the existing infrastructure, access and parking at the Sycamore Mall
property is adequate to meet the needs of the proposed use. The Board finds that there will
be no detrimental effects on surrounding property since the commercial recreational use will
be totally enclosed within the existing mall building. The Board also finds that the proposed
use will provide benefits to the surrounding community by creating new dining and
recreational opportunities.
Conclusions of Law: The Board concludes that the proposed exception meets the general
special exception review standards (14-6W-2B) to permit a commercial recreational use in
the Community Commercial (CC-2) Zone.
Disposition: By a vote of 4-0, the Board approves EXC01-00020, a special exception to
permit a commercial recreational use, specifically a restaurant with large play areas and a
video arcade, in the Community Commercial (CC-2) Zone at 1660 Sycamore Street.
2. EXC01-00022. Public hearing on an application submitted by Budget Car and Truck Rental
for a special exception to permit an expansion of an auto- and truck-oriented use in the
Community Commercial (CC-2) Zone at 815 S. Riverside Drive.
Findings of Fact: The Board finds that customer traffic generated by the proposed use will
be limited given that the lot will be used primarily for the display and storage of vehicles and
there will be no sales office on the lot. The Board finds that existing ingress and egress to
the site is adequate and that no new curb cuts from Riverside Drive should be allowed to
prevent increasing the vehicular side friction along Riverside Drive. The Board also finds
that this largely outdoor operation is at some variance with the intent of the Community
Commercial Zone due to the aesthetic impact of the vehicle display area. The Board finds
that the potential negative effects of these outdoor activities will be softened if the site is
adequately landscaped and clearly separated from surrounding uses. Additional
landscaping will also help to reduce stormwater run-off from the impervious surface of the
parking lot. The Board finds that repaving the lot and removing an existing dumpster will
improve the aesthetics and safety of the property.
000368
1
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 10, 2001 �`f��
Page 2
7001 NOV 27 Ate I I: 22
Conclusions of Law: The Board concludes that as long as no new curb cuts are permitted
along the subject property's Riverside Drive frontage ancr�t;- 'adequate landscaping is
provided to soften the effects of this largely outdoor u , Athvat the-pro -001 special
exception meets the general special exception reviewandards (14-6W-2B) in the Iowa
City Zoning Ordinance.
Disposition: By a vote of 4-0, the Board approves EXC01-00022, a special exception to
permit a the expansion of an auto- and truck-oriented use in the Community Commercial
(CC-2) Zone at 815 S. Riverside Drive, provided that a new curb cut is not constructed
along the property's Riverside Drive frontage and that a landscaping plan is submitted to the
City for approval. Approved landscaping must be consistent with the City's site plan
ordinance and tree regulations and must be established prior to the establishment of the
new use and maintained during the life of said use.
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.
[41;- l IA A-/O( Apr. -d by:
Kate Corcoran, Chairperson O
ity Att.rne0 &Piro/
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 id day of 2001,
as the same appears of record in my Office.
Dated at Iowa City, this a 7 day of q , 2001.
Marin K. Karr, City Clerk
Y113 Awa OT tetRUM
Shared/boafilesldecisions
000369
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Prepared by: Karen Howard,Associate Planner,410 E. Washington, Iowa City, IA 52240; 319/3561415E0 NO.
11661(1
BOOK")
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DECISION 1 l 1
IOWA CITY BOARD OF ADJUSTMENT CI DEC 14 PM I: I
WEDNESDAY, NOVEMBER 14, 2001 — 5 P.M. ,J;I�;;;C J COUNTY RECORDER
EMMA J. HARVAT HALL I0WA CITY. I0WA
MEMBERS PRESENT: Mike Paul, Dennis Keitel, Kate Corcoran, T.J. Brandt; Vincent Maurer
MEMBERS ABSENT: None
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STAFF PRESENT: Karen Howard, Sarah Holecek --
OTHERS PRESENT: Doug Boothroy; Mary Ann Dennis; Ryan Braunrte,-,
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SPECIAL EXCEPTION ITEMS:
1. EXC01-00023. Public hearing on an application submitted by the Greater Iowa City
Housing Fellowship for a special exception to reduce the parking requirement from 16
spaces to 13 spaces for a multi-family housing project in a Sensitive Areas Overlay
Residential (OSA-5) Zone at Lot 1, Block 6 in Phase I of the Peninsula Neighborhood.
Findings of Fact: The Board finds that the proposed reduction will not be detrimental to the
health, safety, and general welfare because the parking demand for the target population
will be less than for the general population. The apartments will be maintained as
affordable housing for 30 years and will be fully handicapped accessible. Evidence
presented indicates that parking demand for elderly and disabled target population is
approximately half what is typical for multi-family housing. In addition, the Board finds that
the provision of two additional tandem parking spaces will also help to meet the parking
demand at the site provided that the Housing Authority assign these spaces to prevent
vehicle conflicts.
Conclusions of Law: The Board concludes that the applicant has demonstrated that the
specific use under review has characteristics such that the number of parking or stacking
spaces required is too restrictive per section 14-6N-1H. In addition, the Board concludes
that the general special exception review standards (14-6W-2B) have been met.
Disposition: By a vote of 5-0, the Board approves EXCO 1-00023, a special exception to
reduce the parking requirement from 16 spaces to 13 spaces for a multi-family housing
project in a Sensitive Areas Overlay Residential (OSA-5) Zone at Lot 1, Block 6 in Phase I
of the Peninsula Neighborhood, provided that:
1) at least one 2-bedroom apartment or two 1-bedroom apartments in the building are
rented to elderly or disabled persons;
2) Two tandem parking spaces are provided on site and these tandem parking spaces are
assigned to persons within the same household in order to prevent vehicle conflicts.
2. EXC01-00024 Public hearing on an application submitted by Ryan C. Braun for a special
exception to reduce the rear yard from 20 feet to 3 feet in a Medium Density Single Family
Residential (RS-8) Zone at 712 Ronalds Street.
Findings of Fact: The Board finds that given that narrow lot and existing shared garage and
driveway that there is practical difficulty meeting the 30 percent rear yard coverage standard
in the Code. The Board finds that compliance with this standard would result in a less
desirable situation, since it would actually result in a smaller usable rear yard. The Board
finds that granting the yard reduction will allow the applicant to maximize the usable rear
€ 0 0332
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 14, 2001
Page 2
yard space between the dwelling unit and the proposed garage and also allow the applicant
to building the garage in line with adjacent garages along the rear alley. The Board finds
that there will be no substantial change or detriment to surrounding properties if the
exception is granted because the existing driveway will be used.
Conclusions of Law: The Board concludes that the situation is unique and there is practical
difficulty meeting the yard requirements in this case. The Board also concludes that the
proposed yard reduction meets the general special exception review standards (14-6W-2B)
in the Iowa City Zoning Ordinance.
Disposition: By a vote of 5-0, the Board approves EXC01-00024, a special exception to,..,
reduce the rear yard from 20 feet to 3 feet in a Medium Density Single Family 12j�sidentN
(RS-8) Zone at 712 Ronalds Street. --nc
TIME LIMITATIONS: x, �{
0
All orders of the Board, which do not set a specific time limitation on Applicant action,shalt exprpe
six (6) months from the date they were filed with the City Clerk, unless the Applicant smell haves
taken action within such time period to establish the use or construct the improvement authorifil
under the terms of the Board's order of decision. City Code Section 14-4B-5E, City of Iowa City,
Iowa.
gre,a14,0 l ! Ap• ° • -_py
Kate Corcoran, Chairperson
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City A •rney's
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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 /41 day of /'1 t 2001,
as the same appears of record in my Office.
Dated at Iowa City, this day of , 2001.
Mari K. Karr, City Clerk
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YTIO AltiCADLMAPH CORp0R
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