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HomeMy WebLinkAbout2002 Board of Adjustment DecisionsA I I. °° :)20516 FILED 0. Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-58MP? AGE DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 12, 2001 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Mike Paul, Dennis Keitel, Kate Corcoran, T.J. Brandt, MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Sarah Holecek OTHERS PRESENT: John Moreland, Jr. SPECIAL EXCEPTION ITEMS: 02 JA H 22 AM 11: 11 JOHNSON COUNTY RECORDER IOWA CITY. IOWA Vince Maurer T1 aN M � ;;7�'177 y \J n r D N N 1. EXC01-00025. Public hearing on an application submitted by John Moreland, Jr. for a special exception to permit dwelling units above a ground floor office use in the Community Commercial (CC -2) Zone at Lots 1 & 2, Eastdale Mall Addition. Findings of Fact: The Board finds that the building will not contain more than one housing unit per 1800 square feet of lot area. The Board finds that proposed project will not be a detriment to surrounding properties and will not endanger the public health, safety, comfort or general welfare since residential use of this property will be compatible with the commercial uses intended for this urban renewal district. The Board finds that other upper story residential uses in the area have not detracted from the commercial nature of the area. The Board finds that there are adequate utilities, access roads, drainage and necessary facilities for this type of development. The Board finds that the site plan shows that the building will be located in a manner that will create a pleasing streetscape along First Avenue as encouraged by the City's Comprehensive Plan and the intent of the adopted Urban Renewal District. The Board finds that the design of the building will adequately separate the residential uses from the commercial uses and the location of the building will separate the parking areas for these two uses. Conclusions of Law: The Board concludes that the proposed building meets the density requirement for residential uses above a permitted use in the Community Commercial (CC72) Zone. 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 EXC01-00025, a special exception to permit dwelling units above a ground floor office use in the Community Commercial (CC -2) Zone at Lots 1 & 2, Eastdale Mall Addition, provided that: 1) the applicant adheres to the building design and general landscaping shown on the elevation submitted on December 12, 2001; and 2) prior to issuance of an occupancy permit for the new building, the applicant brings surrounding properties into compliance with the landscaping and signage required as a part of the previously approved site plans and special exceptions. 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. OOOOSi 10\NA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 12, 2001 Page 2 /& /), 1-6Z - 8 Obi Kae 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 12th day of December, 2001, as the same appears of record in my Office. Dated at Iowa City, this Shared/boafles/decisions yno Awa OT MAUT3A Xq3J3 YT» day of 2002. )1r 12 Ai Ati-) /\ /\ /IA Maria' . Karr, City Clerk CORPORaTL S AS 000062 O N G r M m v r D N N 310S `12 Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5 "OK ED N0. P� OE_ n I ��0� t DECISION 02 FEB 15 PM 2: 37 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 9, 2002 –5 P.M. ASON Cq , i ; r;FCORDER EMMA J. HARVAT HALL MVIA TY, IuF/A >� M MEMBERS PRESENT: Mike Paul, Dennis Keitel, T.J. Brandt, Vincent Maurer = — =rl 11 MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Shelley McCafferty, Sarah Holecek ti OTHERS PRESENT: Duane Musser, Kevin Kidwell, Tom Gelman, Tom Lepic, Tim Krumm, John Ockenfels, Tom Rowald, Tim Zimmerman (CRANDIC), Jim Clark, Cindy Parsons, Scott Kaeding, Ann Connors, David Chamberlain, Jim Petrain, Richard Haenciei, Austin Chamberlain, Chuck Polfliet, Carol Peters, Eric Gidal SPECIAL EXCEPTION ITEMS: 1) EXC01-00026 –Public hearing on an application submitted by Kevin Kidwell for a special exception to permit dwellings units above a ground floor warehouse use in the Intensive Commercial (CI -1) Zone at 729 S. Capitol Street. Findings of Fact: The Board finds that the proposal for ten apartments on the subject lot, which contain .42 acres, does not exceed one dwelling unit per 1,800 square feet of lot area. The Board finds that the proposal for 10 apartments containing a total of 34 bedrooms above 2,437 square feet of undefined warehouse space is more intensively residential than commercial in nature and may supplant or discourage the use of property in the CI -1 zone for the intensive commercial uses that are intended for this zone. In addition, the Board finds that due to the industrial and intensive commercial character of this location, in particular its location directly adjacent to an active industrial zone, existing industrial uses, and the railroad tracks, makes this a potentially unsafe and unhealthy location for residential uses. The Board finds that the industrial activity, noise and considerable truck traffic from the existing industrial uses permitted on the adjacent properties create a situation that is incompatible with residential living. The subject property is too small to provide any meaningful buffer from the industrial uses that currently exist in the area as well as any that may locate there in the future. Conclusions of Law: The Board concludes that the proposed building meets the density requirement for residential uses above a permitted use in the Community Commercial (CI -1) Zone. However, the Board concludes that the general special exception review standards (14- 6W -2B) have not been met. Specifically, the Board concludes that the specific proposed exception is likely to be detrimental to or endanger the public health, safety, comfort or general welfare and will likely be injurious to the use and enjoyment of other property in the immediate vicinity. The Board also concludes that the specific proposed exception may impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Disposition: On a vote of 1-3 (Maurer), the Board denies EXC01-00026, a special exception to permit dwellings units above a ground floor warehouse use in the Intensive Commercial (CI -1) Zone at 729 S. Capitol Street. 000101 IOWA CITY BOARD OF ADJUSTMENT N WEDNESDAY, JANUARY 9, 2002 Page 2 r 9 i1 2) EXC01-00027 —Public hearing on an application submitted by University View Planners -for a -n special exception to permit off-street parking in the Central Business (CB -10) Zoneat 2 ' Iov' Avenue. — 0 Dry Findings of Fact: The Board finds that: —� • the proposed parking spaces will be located underground so that full development of the property is not prevented; • the incline from the underground parking garage and provision of a stop sign and speed limit sign at the exit to the garage will deter drivers from exiting the garage at a speed that would be unsafe to other traffic in the alley; • access to the underground parking is from a rear alley, which is intended primarily for vehicular access to those properties abutting it; • the anticipated increase in traffic generated from the proposed use, three to four cars per hour, will be consistent with the amount of activity expected for an alley in an active downtown area, provided that the parking is used as long-term parking for the apartment residents and employees of the ground floor commercial businesses and not as short-term parking; • with the above -noted provisions, the increased traffic is not unreasonable for a downtown alley; • adequate short-term parking to serve the proposed use is available in nearby municipal parking facilities; • providing underground parking with access from the rear alley rather than from Iowa Avenue will protect the pedestrian character and environment along Iowa Avenue, the intended primary pedestrian way; • providing dedicated off-street parking will help satisfy some of the long-term parking demand expected with the new use of the property and as a consequence prevent some of the parking congestion that might otherwise occur in the surrounding vicinity if the additional spaces were not provided; the dedicated off-street may enhance the functioning of the alley by relieving congestion; the building floor plans and elevations dated January 4, 2002 show that the provision of underground parking will not detract from the storefront commercial character of the building along Iowa Avenue. Conclusions of Law: The Board concludes that the proposed exception meets the specific standards of Section 14 -6N -1E regarding screening, access, and appropriate signage. The Board also concludes that the proposed exception meets the general special exception standards of Section 14 -6W -2B. In particular, the Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare and will not be injurious to the use and enjoyment of other property in the immediate vicinity. The Board also concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The Board concludes that the proposed exception is consistent with the City's downtown parking policy and with the Comprehensive Plan of the City, provided that the parking is used for long- term parking for the residential and commercial tenants of the building and not for short-term parking. Disposition: On a vote of 4-0, the Board approves EXC01-00027, a special exception to permit off-street parking in the Central Business (CB -10) Zone at 217 Iowa Avenue, provided that: 1) the building is designed so that the ground level commercial space that fronts on Iowa Avenue is no more than three feet above grade; 000102 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 9, 2002 Page 3 -J O � 2) entrances to the building are designed to maximize the usable storefront al�g Ipwa Avenue; 3) the entrance to the commercial space is designed to be the most visually pc6mihent^ entrance along Iowa Avenue, substantially similar in design to the entrancesvoWn on the n elevation submitted January 4, 2002; 4) storefront windows and doors provide views into entryways and ground flooR8�imejjial space and not into the underground parking area; `D N 5) a stop sign and ten -mile an hour speed limit sign is placed at the exit from the parking garage; and 6) the use of the parking is reserved through both signage and building management policy/practice for building residents and for employees of the commercial tenants of the building and not for short-term parking. 3) EXC01-00028 —Public hearing on an application submitted by Austin Chamberlain for a special exception to reduce the required side yard for property in the Low Density Single Family (RS -5) Zone at 417 Ferson Avenue. Findings of Fact: The Board finds that the situation is unique in that a garage or carport structure has existed in this location on the property line for over forty years and that moving that structure would pose practical difficulty for the current owner of the property. The Board finds that the applicant was not aware that the existing garage did not meet the City's Code requirements at the time it was constructed in 1959. The Board finds that the applicant recently remodeled the structure without changing the footprint of the existing structure. The Board finds that the applicant completed the remodeling work without obtaining a building permit and as a consequence the structure does not meet all of the requirements of the Building Code. The Board finds that it is likely that the remodeling changed the drainage on the applicant's property and the neighboring property. However, the Board finds that drainage is a general problem of the topography and moving the garage will not necessarily solve the problem. The Board finds that in order to maintain the south side of the garage, the applicant or any subsequent owner of the property at 417 Ferson Avenue will have to have access to the neighboring property at 402 McLean Street. Conclusions of Law: The Board concludes that proposed exception meets the specific requirements of uniqueness and practical difficulty stated in Section 14 -6Q -4B of the Zoning Ordinance. The Board also concludes that the proposed exception meets the general special exception standards contained in Section 14 -6W -2B, provided that certain conditions are met. Disposition: On a vote of 4-0, the Board approves EXC01-00028, a special exception to reduce the required side yard for property in the Low Density Single Family (RS -5) Zone at 417 Ferson Avenue, provided that the applicant obtains an easement from the owner of 402 McLean Street to access the south side of the garage for maintenance purposes and provided that the applicant obtains a building permit for the garage and brings the existing garage structure into compliance with the Building Code. 4) EXC01-00029 — Public hearing on an application submitted by Chuck Polfliet for a special exception to reduce the required rear yard for property in the Medium Density Single Family (RS -8) Zone at 928 E. Davenport. 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 000103 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 9, 2002 Page 4 ON the Code. The Board finds that compliance with this standard would result in a I16ss desiUibl situation, since it would actually result in a smaller usable rear yard. The Board Gods that– granting the yard reduction will allow the applicant to maximize the usable rear yI space between the dwelling unit and the proposed garage and also allow the applicantio 6—uildir3Pt garage in line with adjacent garages along the rear alley. The Board also finds th 01e Ct made an error in not informing the applicant of the 30 percent rear yard coveragmit w* the applicant applied for a building permit, so the situation was not of the applicant's own making. 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. -71 Disposition: On a vote of 4-0, the Board approves EXC01-00029, a special exception to reduce the required rear yard for property in the Medium Density Single Family (RS -8) Zone at 928 E. Davenport. 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. Appro by: T.J. Bry6t, Chairperson 1 City At rney 'cez_ �� 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 9'' day of January, 2002, as the same appears of record in my Office Dated at Iowa City, this % day of 2002. Mari . Karr, City Clerk 000104 CORPORATE SEAL o� FES I / `)2 FILED NO. — — ��1 1 r - Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/35k;Q21 i. A51 ` 14,( "_ DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 13, 2002 - 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, MEMBERS ABSENT: None 02 i RR -7 PM 1:53 0Nt1�S Oy�A C IOWA ROcR T.J. Brandt; Vincent Maurer ` 71 - rn STAFF PRESENT: Karen Howard, Mitch Behr, Tim Hennes OTHERS PRESENT: Dennis Mitchell, Greg Allen, Chuck Meardon, Tim Walker, Anrt-�reerks_,Ram Ehrhardt, Cecile Kuenzli, Jerry Hansen APPEAL: 1. AP01-00003. Public hearing on an appeal of the City of Iowa City's interpretation and enforcement of City Code Section 14 -6D -7C(3) and 14 -6D -9C(7) submitted by Tas Properties regarding whether rooming house uses may be established or expanded on properties located in the RNC -20, Neighborhood Conservation Zone, and RNC -12, Neighborhood Conservation Zone, at 619 Burlington Street and 403 S. Lucas Street, respectively. Findings of Fact: The Board finds that: • The appellant applied for a building permit on March 10, 2000 to expand an existing rooming house at 403 S. Lucas Street and the property at the time was zoned RM -12. • The appellant applied for a building permit on March 13, 2000 to convert an existing multi- family structure to a rooming house at 619 Burlington Street in the RNC -20 Zone. • Rooming houses are provisional uses in the RM -12 and RNC -20 zones and are only permitted if a specified amount of lot area exists for every 330 square feet of total floor area in a rooming house. • The density formula in the Zoning Ordinance is an objective mathematical standard and there is no provision in the ordinance that allows the City to exempt existing structures from its strict application. • The lot sizes for the properties in question do not support the existing structures as rooming house uses according to the density formula in the Iowa City Zoning Ordinance. • While there appears to be some support for amending the existing density requirement for rooming house uses, it is not within the power of the Soard to change the iay.. • Application of this provision of the Zoning Ordinance will not limit the free use of property since the appellant is still free to use the subject properties for other permitted uses in the zone. Conclusions of Law: The Board concludes that the City correctly applied City Code Section 14- 6D -7C(3) and 14 -6D -9C(7) in determining that the size of the lots at 403 S. Lucas Street and 619 Burlington Street do not support the existing structures as rooming house uses. The City did not err in strictly applying the relevant zoning ordinance provisions with regard to the subject properties at 403 S. Lucas Street and 619 Burlington Street. Disposition: By a vote of 5-0, the Board denies AP01-00003, an appeal of the City of Iowa City's interpretation and enforcement of City Code Section 14 -6D -7C(3) and 14 -6D -9C(7) submitted by Tas Properties regarding whether rooming house uses may be established or expanded on properties located in the RNC -20, Neighborhood Conservation Zone, and RNC - 12, Neighborhood Conservation Zone, at 619 Burlington Street and 403 S. Lucas Street, respectively. 000148 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 13, 2002 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. v "9-T)Zn� T.J. andt, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: &Zr z/7-t4qz City Attorneys Office I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of December, 2001, as the same appears of record in my Office. Dated at Iowa City, this day of )716et�ti , 2002. Shared/boafiles/d.asions 2a XS • `�f'�� ) C Maria C. Karr, City Clerk SEAI- X111 C�RPpR oTE C— m �� 1 ILLY BOOK r,G 1 VC,o 02 APR 23 P11 2: 38� ' Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISION Uf{:dSUrr Cid=I ( r,LCOR DER IUt7P, L1'(. I0'da1 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 13, 2002-5 P.M. , N EMMA J. HARVAT HALL MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, Vincent Maurer MEMBERS ABSENT: T.J. Brandt 37 co STAFF PRESENT: Karen Howard, Sarah Holecek OTHERS PRESENT: Tom Gelman, John Fitzpatrick, Jim Jacob, Steve Ballard, Jim Seelman, Martin Gaffey SPECIAL EXCEPTION ITEMS: 1. EXCO2-00001. Public hearing on an application submitted by John Fitzpatrick for a special exception to locate private, off-street parking for 721 N. Linn Street on a separate lot at 222 Ronalds Street in the Medium Density Single -Family (RS -8) Zone. Findings of Fact: The Board finds that: • the parking area at 222 Ronalds Street is within 300 feet of the property at 721 N. Linn Street and that both properties are in the RS -8 Zone; • the applicant has drawn up a written agreement assuring the retention of the parking and stacking spaces for the Linn Street property; • with the newly constructed parking area at 222 Ronalds Street there will be enough parking on the property to satisfy the minimum parking requirements for 222 Ronalds Street with enough spaces left over to provide three parking spaces for the property at 721 N. Linn Street, provided that disputes between the applicant and the adjacent fraternity property do not render the lower parking area unusable. The Board finds that circumstances that would render the lower area unusable include having to reduce the width of the driveway such that it would become too narrow for a vehicle to access the lower parking area; and if the design of the parking area causes more stormwater run-off to flow onto the property directly to the west than occurred previous to the construction of the paved parking area; • The Board finds that if the lower parking area is rendered unusable due to the issues stated above that there will still be enough parking spaces on the Ronalds Street property beyond what is required to dedicate at least two parking spaces for 721 N. Linn Street; • The Board finds that there are nonconforming parking spaces in the front and side yard area at 222 Ronalds Street that should be brought into conformance or eliminated; • The Board finds that due to the fact that several of the parking spaces will require backing into an alleyway that there may be no more than eight parking spaces total in the lot at 222 Ronalds Street according to section 14-6N-1 B(g) of the Zoning Ordinance. A majority of the Board finds that: • While the alley is quite steep, it is intended for vehicular access to the adjacent properties and that the proposed exception will not significantly decrease vehicular or pedestrian safety in the area; • There appears to be a need for additional off-street parking for the Linn Street property to due to the lack of on -street parking in the area and the possibility that the applicant will choose to operate a bed and breakfast homestay that would require two additional off- street parking spaces; • that paving over the ravine in the backyard of 222 Ronalds Street may have caused a net increase in the volume and speed of stormwater that runs off onto the adjacent property to IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 13, 2002 Page 2 FIL.FD I'll I ,22 �rt be3usr}i the west, and if so the issue must be resolved before the lower parking area c for parking. C7)" Conclusions of Law: The Board concludes that the proposed exceptio9Ai4etslthe spg�if requirements of section 14-6N-1 C of the Zoning Ordinance for off-street parking ori va 6 arate lot, provided that the applicant meets the additional conditions stated below. The Board concludes that the general special exception review standards (14 -6W -2B) have been met, provided the applicant meets the additional conditions stated below. Disposition: By a vote of 3-1, the Board approves EXCO2-00001, a special exception to locate private, off-street parking for 721 N. Linn Street on a separate lot at 222 Ronalds Street in the Medium Density Single -Family (RS -8) Zone, provided that: 1. A parking easement for the number of parking spaces benefiting property at 721 N. Linn is recorded as a covenant appurtenant to property at 222 Ronalds Street; 2. Nonconforming parking spaces located in the front and side yard of 222 Ronalds Street are eliminated; 3. The lot at 222 Ronalds Street contains no more than eight (8) off-street parking spaces; 4. The drives and aisles are pitched or curbed and drained to prevent the flow of water onto adjoining property; and 5. If the lower parking area at 222 Ronalds otreet is deemed to be unusable, only two of the parking spaces located directly off the alley would be allowed to be used for the property at 721 N. Linn. 2. EXCO2-00002. Public hearing on an application submitted by Marty Gaffey for a special exception to reinstate the approval of a special exception granted by the Board in January of 2000 to permit five second -floor apartments to be established on Lots 176 and 177 on Scott Court, and to reduce the front yard setback requirement for Lot 176 to allow up to a 10% encroachment of the building footprint, with the north portion of the building extending no more than eight feet into the required front yard along Scott Boulevard. Findings of Fact: The Board finds that the proposed project approved in January of 2000 has not changed. The Board also finds that the facts relied upon to approve the special exception have not changed since January of 2000. Conclusions of Law: The Board concludes that the proposed exception meets the relevant special exception review requirements in the Zoning Ordinance. Disposition: By a vote of 4-0, the Board approves the reinstatement of a special exception granted by the Board in January of 2000 to permit five second -floor apartments to be established on Lots 176 and 177 on Scott Court, and to reduce the front yard setback requirement for Lot 176 to allow up to a 10% encroachment of the building footprint, with the north portion of the building extending no more than eight feet into the required front yard along Scott 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 -4B -5E, City of Iowa City, Iowa. 000401 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 13, 2002 Page 3 )44( )aul( Mike Paul, Vice -Chair City STATE OF IOWA JOHNSON COUNTY by: v -s I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of March, 2002, as the same appears of record in my Office. SEq� Dated at Iowa City, this 1 day of 2002. Shared/boafles/decisions Marna -K. Karr, City Clerk 000402 Q ry 0 o NJ co SEE Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3565251 I )352`)`) FILED 0. DECISION BOOK 71-TA—PT _ IOWA CITY BOARD OF ADJUSTMENT TUESDAY, JUNE 12, 2002-5 P.M. 02 JU14 24 PM 1:53 EMMA J. HARVAT HALL 4 COUaY RECORDER MEMBERS PRESENT: T.J. Brandt, Mike Paul, Dennis Keitel, Eric Gidal, Vincent MaufWt CITY, IOWA MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Sarah Holecek J N _ c OTHERS PRESENT: Donald King; Steve Conklin, Diane Clausen, Tim Walker N SPECIAL EXCEPTION ITEMS: EXCO2-00007 - Discussion of an application submitted by St. Wenceslaus Chtkcb for 5Abcial exceptions to expand a religious institution, for off-street parking on a separate%t, andgo reduce the required front yard from 20 feet to 5 feet for property in the Neighborhood Conservation (RNC -12) Zone at 619-623 Fairchild Street. Findings of Fact: • With regard to special exception 1), below, the Board finds that reuse of the single family houses at 619 and 623 Fairchild for church purposes will not substantially change the appearance of the neighborhood. The low impact church uses proposed, office and small group meeting space, will not be injurious to the use and enjoyment of other residential properties in the neighborhood. Retaining and reusing these existing houses will help to maintain the residential character of the street and will help to buffer the church parking lot from the other houses in the vicinity. • With regard to special exception 2), below, the Board finds that the parking is within 300 feet of the main church building, and the parking is located in the same zone, RNC -12, as the use being served. The Board finds that vehicular safety will not be problematic given that the parking is located on an alley away from any heavily traveled street. However, the Board finds that the church illegally paved the public right-of-way between the church's east property line and the public sidewalk and this paving is likely to be a safety hazard to pedestrians. The Board also finds that the existing gravel parking lot does not meet the City's parking lot design standards or the City's tree standards. The Board finds that replacing the house at 619 Fairchild Street with a paved parking lot will unduly compromise the appearance of the streetscape and the residential integrity of the neighborhood. However, if a new parking lot is designed to meet city standards and is properly screened from view by the houses at 619 and 623 Fairchild and by appropriate landscaping along the west property line, expanding the parking lot as shown as Phase I of the applicant's site plan will not have a significant detrimental effect on residential properties in the vicinity. The Board finds that due to an increase in church membership that the additional parking as shown in Phase I of the Church's site plan is warranted to provide more convenient parking for members of the church. • With regard to special exception 3), 4), and 5), below, the Board finds that there are unique circumstances in this case due to the fact that the houses proposed for conversion to a religious institution use have existed in this location for over 100 years and their location is similar to other houses along the street. The Board finds that due to their residential appearance, the low impact nature of the proposed church use, and the fact that the houses help to screen the church parking lot from other residences in the neighborhood, it would be unreasonable and present practical difficulty to ask the church to move the ' JOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 12, 2002 Page 2 houses to meet the setback requirement for religious institutions. The Board finds that the width the public right-of-way across from North Market Park allows adequate space for the church to plant and maintain a vegetative buffer to screen the parking from view of the park. As long as appropriate screening is in place, the Board finds that reducing the yard to five feet along the west property line is reasonable. Conclusions of Law: The Board concludes that the proposed exceptions meet the specific requirements of the City's Zoning Ordinance, section 14-6L-10, special exception criteria for religious institutions, 14 -6Q -4B, special exception criteria for yard modifications, 14 -6N -1C, off- street parking located on a separate lot, provided that each of the conditions listed below are met. The Board concludes that the general special exception review standards (14 -6W -2B) have been met for the exceptions listed below, provided that each of the conditions listed below are met. Disposition: The Board approves with conditions the following special exceptions filed under application EXCO2-00007: 1) On a vote of 5-0, a special exception to permit expansion of a religious institution to reuse the buildings at 619 and 623 Fairchild Street for church purposes; 2) On a vote of 4-1, a special exception to permit expansion of a religious institution to include an expanded parking lot and to permit parking on a separate lot as shown as Phase / on the applicant's site plan dated April 2002; 3) On a vote of 5-0, reduction of the front yard to five feet along the west property line as shown as Phase / on the applicant's site plan dated April 2002 4) On a vote of 5-0, reduction of the front yard to five feet along the west and north sides of the property at 619 Fairchild Street for the length of the existing structure for as long as the structure is retained on the lot; and a 5) On a vote of 5-0, reduction of the front yard to five feet for property at 623 Fairchild Street for as long as the existing structure is retained on the lot. The Board approves these special exceptions subject to the following conditions: • The new parking area must be brought into compliance with the City's tree regulations, 14- 6R-2, and with the City's parking lot design standards, 14-6N-1; • Submission and implementation of a landscaping plan that includes a minimum a five foot landscaping strip along the west property line that contains plantings that will form a solid hedge approximately three feet in height to screen the parking area; and • Restoration of an eight -foot grass strip or other approved landscaping between the existing east property line and the public sidewalk along Dodge Street, so that the church parking lot is clearly separated from the sidewalk. 000185 C7 � `� II N 000185 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 12, 2002 Page 3 TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order of decision. City Code Section 14-413-5E, City of Iowa City, Iowa. T.J. Bre dr�airperson STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of June, 2002, as the same appears of record in my Office. Dated at Iowa City, this/'Q� day of 12002. Marian -K-. Karr, City Clerk Snared/boaffles/dedslons SEA CORP4�ATE , 0 N ----7 V J Vii; N 000186 I� FEE Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 FILED i DECISION 800h. . �GF199 IOWA CITY BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 — 5 P.M. EMMA J. HARVAT HALL 02 JUN 24 PH 1.53 JOINSGtl COWITY RECORDER IG",9A CITY, IOWA MEMBERS PRESENT: T.J. Brandt, Mike Paul, Dennis Keitel, Eric Gidal, Vincent Maurer Findings of Fact: The Board finds that this is a unique situation because of the shallow lot, which makes it difficult to build onto the rear of the house without encroaching into the 20 -foot required rear yard. The Board also finds that there is practical difficulty complying with the rear yard requirement because the existing structure is currently nonconforming and yet is in very poor repair. Given its nonconforming status, the existing addition cannot be torn down and replaced without a special exception to reduce the rear yard. The Board also finds that the proposed exception will not result in a substantial change or detriment to the neighborhood given that the new addition will replace an existing addition in the same location. The location in the rear will fit in better with the architecture and interior room layout of the existing house. Even though the proposed new addition will be larger than the existing addition, it is located in the rear yard area and will not be visible from the street. The proposed exception will not crowd or reduce the privacy of neighboring property, because there is ample yard area between the proposed addition and structures on neighboring properties. The Board finds, however, that if the property is ever redeveloped with a larger high-density apartment complex, which is allowed in this zone, the yard reduction may result in crowding or a reduction in privacy of neighboring properties. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14 -6Q -4B of the Zoning Ordinance for exceptions to established setbacks. The Board concludes that the general special exception review standards (14 -6W - 2B) have been met, provided that it is granted for only as long as the single family structure exists on the lot. Disposition: By a vote of 5-0, the Board approves EXCO2-00004, a special exception to reduce the required rear yard from 20 feet to 9 feet for the length of the existing single family structure for property located in a High Density Multi -family (RM -44) Zone at 609 South Dodge Street. The yard reduction is granted for only as long as the single family structure remains on the lot. 2. EXCO2-00005. Public hearing on an application submitted by Fareway Stores, Inc. for a special exception to permit a grocery store in the Intensive Commercial (CI -1) Zone on lot 17 and 18 in the Scott -Six Industrial Park. Findings of Fact: The Board finds that the mix of industrial traffic and retail traffic may be problematic at this location, given that lots 17 and 18 are interior to the industrial park and 000179 MEMBERS ABSENT: None nor,. D �_ STAFF PRESENT: Karen Howard, Mitch Behr � � N OTHERS PRESENT: Tom Mentz, Bob Downer, Fred Greiner, Dean Shannon =<� 77 -o J SPECIAL EXCEPTION ITEMS: 7�➢ N cn 0 1. EXCO2-00004. Public hearing on an application submitted by Tom Mentz for a special exception to reduce the required rear yard from 20 feet to 9 feet for property in the High Density Multi -family (RM -44) Zone at 609 S. Dodge Street. Findings of Fact: The Board finds that this is a unique situation because of the shallow lot, which makes it difficult to build onto the rear of the house without encroaching into the 20 -foot required rear yard. The Board also finds that there is practical difficulty complying with the rear yard requirement because the existing structure is currently nonconforming and yet is in very poor repair. Given its nonconforming status, the existing addition cannot be torn down and replaced without a special exception to reduce the rear yard. The Board also finds that the proposed exception will not result in a substantial change or detriment to the neighborhood given that the new addition will replace an existing addition in the same location. The location in the rear will fit in better with the architecture and interior room layout of the existing house. Even though the proposed new addition will be larger than the existing addition, it is located in the rear yard area and will not be visible from the street. The proposed exception will not crowd or reduce the privacy of neighboring property, because there is ample yard area between the proposed addition and structures on neighboring properties. The Board finds, however, that if the property is ever redeveloped with a larger high-density apartment complex, which is allowed in this zone, the yard reduction may result in crowding or a reduction in privacy of neighboring properties. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14 -6Q -4B of the Zoning Ordinance for exceptions to established setbacks. The Board concludes that the general special exception review standards (14 -6W - 2B) have been met, provided that it is granted for only as long as the single family structure exists on the lot. Disposition: By a vote of 5-0, the Board approves EXCO2-00004, a special exception to reduce the required rear yard from 20 feet to 9 feet for the length of the existing single family structure for property located in a High Density Multi -family (RM -44) Zone at 609 South Dodge Street. The yard reduction is granted for only as long as the single family structure remains on the lot. 2. EXCO2-00005. Public hearing on an application submitted by Fareway Stores, Inc. for a special exception to permit a grocery store in the Intensive Commercial (CI -1) Zone on lot 17 and 18 in the Scott -Six Industrial Park. Findings of Fact: The Board finds that the mix of industrial traffic and retail traffic may be problematic at this location, given that lots 17 and 18 are interior to the industrial park and 000179 IOWA CITY BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 Page 2 directly adjacent to industrially zoned property. However, given that the peak traffic periods for the grocery store and the adjacent industrial uses are likely to be different, the Board finds that the mix of traffic will not result in unreasonable congestion or pose a substantial safety hazard. The Board finds that this use is similar to other uses that are permitted in the intensive commercial zone with regard to the amount of traffic generated. The Board finds that a grocery store will attract larger amounts of pedestrian and bicycle traffic than other uses permitted in the Intensive Commercial and adjacent General Industrial Zone and therefore additional sidewalks and curb ramps designating pedestrian street crossings are necessary for public safety. The Board finds that access points on Commerce Drive should be limited to reduce the number of traffic conflict points with industrial traffic from the industrially zoned properties directly across the street. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14 -6E -4D(4) of the Zoning Ordinance. The Board concludes that the general special exception review standards (14 -6W -2B) have been met, provided that certain conditions are met to improve public safety at the site. Disposition: By a vote of 5-0, the Board approves EXCO2-00005, a special exception to permit a grocery store in the Intensive Commercial (CI -1) Zone at lots 17 and 18 in the Scott -Six Industrial park, subject to the following conditions: 1. The applicant must submit a site plan that complies with the requirements of the Zoning Ordinance and the 1997 Conditional Zoning Agreement for the Scott -Six Industrial Park; 2. The grocery store property is limited to two driveways off of Commerce Drive; and 3. Prior to issuance of an occupancy permit, a continuous sidewalk must be constructed along the subject property's Commerce Drive frontage to the intersection with Liberty Drive, then along the south side of Liberty Drive to Scott Boulevard. In addition, curb ramps must be constructed in locations approved by the City of Iowa City on the northeast and northwest corners of the intersection of Scott Boulevard and Liberty Drive to demarcate the pedestrian crossing. 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. 000180 G'7 O IOWA CITY BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 2002 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 9'" day of April, 2002, as the same appears of record in my Office. try CORPORATE SEAQ. Dated at Iowa City, this �q / day of_ '2002. Shared/boa(les/decisions Marihn K. Karr, City Clerk ` 000181 N C1 O N `Sn n N -i-11 �l 3 �-MJ \✓ D cn V FI cD Id O. ( 13529,t Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5W011r 333 I...,,, „r ya_ DECISION 02 JUN 24 PM 1:53 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 8, 2002 — 5 P.M. JOHNSON COt TY RECORDER EMMA J. HARVAT HALL 0IOWA X IOWA y _ MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer _71 7 N MEMBERS ABSENT: Mike Paul STAFF PRESENT: Karen Howard, Sarah Holecek D cn OTHERS PRESENT: Duane Musser, Gary Hughes, Larry Meyers, Steve Ballard, Tom Gelman, John Fitzpatrick SPECIAL EXCEPTION ITEMS: 1. EXCO2-00006. Public hearing on an application submitted by Hughes and Associates for a special exception to permit residential dwellings units above ground floor commercial uses in the Community Commercial (CC -2) Zone at 522 S. Gilbert Street. Findings of Fact: The Board finds that property in the Community Commercial Zone is intended primarily for commercial uses. The Board finds that the floor area of the commercial space is limited by the density of the residential portion of the project because a substantial portion of the lot must be devoted to parking for the proposed five -bedroom apartments. The Board finds that the proposed dwelling units would be located above a ground level parking area. The Board finds that parking is not a principal use allowed in the Community Commercial Zone. Conclusions of Law: The Board concludes that the proposed exception does not meet the specific requirements of section 14 -6E -5D(4) of the Zoning Ordinance, which states that dwelling units are permitted by special exception in the Community Commercial Zone when located above or below the ground floor of a principal use allowed in the zone. The Board concludes that the general special exception review standards (14 -6W -2B) have not been met. Disposition: By a vote of 4-0, the Board denies EXCO2-00006, a special exception to permit residential dwellings units above ground floor commercial uses in the Community Commercial (CC -2) Zone at 522 S. Gilbert Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order of decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. T.J. P4ndt, Chairperson 000182 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 8, 2002 Page 2 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 8'" day of May, 2002, as the same appears of record in my Office. Dated at Iowa City, this day of 12002. Sharedthoafilesldecisions 2?200 . � —e- ?ifs Marian`K. Karr, City Clerk 000183 CORPORATE SEAL S n � y. �- C7 N F7 J T FEE �Ive Prepared by: John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 28 — 5 P.M. EMMA J HARVAT HALL MEMBERS PRESENT: T.J. Brandt, Vincent Maurer, Dennis Keitel, Mike Paul MEMBERS ABSENT: Eric Gidal STAFF PRESENT: John Yapp, Shelley McCafferty, Sarah Holecek OTHERS PRESENT: Diane Eckert, Stefan Eckert, Beverly Hovenkamp SPECIAL EXCEPTION ITEMS: FILED N0. l��) NFP, I QPM 4: 20 y- 14SC CUUE�'( PZaRDER �10k9A Ci•U..10W 711 N .* y ry 1) EXCO2-00010: Public hearing on an application submitted by Roberts Dairy for a reduction in the front yard requirement from 20 feet to 5.5 feet to permit an existing loading dock to be enclosed within 5.5 feet of the St. Clements Street right-of-way, for property in the Commercial Highway, CH -1 zone, at 1109 North Dodge Street. Findings of Fact: The Board finds that reducing the yard requirement along the St. Clements Street right-of-way to allow for an open loading dock to be enclosed should be positive in terms of aesthetics, as materials stored on the loading dock will be shielded from view. Granting the special exception will not alter ingress and egress to the site, nor will it affect traffic patterns on adjacent properties. The Board finds that the circumstances are unique in that the loading dock already exists, is only to be enclosed, and much of the dairy building is already in the required 20 -foot setback from St. Clements Street. The Board finds the enclosed loading dock should be similar in appearance to the surrounding dairy building, in order to minimize any visual impact the enclosed loading dock might have. Conclusions of Law: The Board concludes that the application meets the specific standards for a yard reduction, as enumerated in City Code subsection 14 -6Q -4B. The specific yard reduction is minimal, there should be no change to surrounding properties as a result of the exception, and there is no reasonable alternative to granting the special exception except for not enclosing the loading dock area. The Board also finds the application meets the general standards for a special exception as enumerated in City Cede subsection 14 -6W -2B. Disposition: On a vote of 3-0 (with Brandt abstaining due to a conflict of interest), The Board approves EXCO2-00010, a special exception to reduce the St. Clements Street front yard requirement from 20 feet to 5.5 feet along the 10 -foot width of the existing loading dock, for property located in the Commercial Highway, CH -1 zone at 1109 North Dodge Street, subject to the appearance of the enclosed loading dock being similar in materials and color to the rest of the building. 2) EXCO2-00012: Public hearing regarding an application submitted by Adalaide Morris and Wendy Deutelbaum for a special exception to reduce the east front yard from 20 feet to 0 feet for the 30 foot frontage adjacent to the house along Van Buren Street for property located in a Historic Preservation Overlay/Medium Density Single Family (OHP/RS-8) Zone at 431 Brown Street. Findings of Fact: The Board finds that given the non -conforming, double frontage lot, wide - 000316 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 28T", 2002 Page 2 right-of-way and topography there is a unique situation. The Board finds that given that the house was constructed in the 20' front yard and is itself non -conforming, and given that this is a small, double frontage lot, granting the special exception will allow the applicant to maximize the usage of their lot area without compromising the public's interest in the right- of-way or front -yard dimensional requirements. The Board finds that the fence as constructed will not be detrimental to the neighborhood or endanger the public health, safety, comfort or welfare; will not be injurious to others use and enjoyment of their surrounding property; and it does not impede orderly development of surrounding property. 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 4-0, the Board approves EXCO2-00012, a special exception to reduce the required east front yard from 20 feet to 0 feet for the 30 foot frontage adjacent to the house for property located in a Medium Density Single Family Residential (RS -8) Zone at 431 Brown Street, with the condition that the reduction of the east front yard is for as long as the existing fence is retained on the lot at its current location 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. 0"FIZA ffilieum, Erie P. STATE OF IOWA JOHNSON COUNTY W9 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 2002, as the same appears of record in my Office. Dated at Iowa City, this / day of 2002. �� ' A��2 Marlian K. Karr, City Clerk 000317 SEAL FEE „c° FILED NO. �5") BOOK33WAC,F-xIZ Q Prepared by: John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-523@2 SEP 13 Phi 4: 2 0 i0l"t6ON COUhwl' ".ECORDER DECISION �flYIA ClUt i01'1A IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 14, 2002 - 5 P.M. ➢ = -o -Tl EMMA J. HARVAT HALL _ ro _1 MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal r� N MEMBERS ABSENT: Mike Paul, Vincent Maurer _ STAFF PRESENT: Karen Howard, Sarah Holecek OTHERS PRESENT: Randy Van Winkle, Christopher Arch, Joe Michaud, Mike Ostlund, Bud Houser, Kie Steve, Paul Bethke SPECIAL EXCEPTION ITEMS: 1. EXCO2-00009. Public hearing regarding an application submitted by Good News Bible Church for a special exception to allow a religious institution in a Low -Density Single -Family (RS -5) Zone on Lot 307 of the Mount Prospect Addition, Part VIII, located south of Lakeside Drive. Findings of Fact: The Board finds that the property has access to Lakeside Drive, a street wider than twenty-eight feet. The Board finds that the lot size is 5.21 acres and exceeds the requisite 40,000 -square -foot lot size. The Board finds that the required setback cannot be determined without more specific building plans, however, the condition requiring final site plan approval by the Director of Planning and Community Development will ensure that the correct setback is established at the time of construction. The Board finds that the number of parking spaces requested by the applicant is reasonable provided that the parking lot is designed to handle stormwater run-off by connecting the property into the South Sycamore Regional Storm Water System and the parking lot is screened from view of adjacent single-afamily homes. The Board finds that the proposed church will not adversely affect adjacent properties, because there is sufficient site area to accommodate traffic generated by the church use and to adequately screen large paved areas from adjacent residential properties. The Board also finds that the City -Subdivider Agreement for the Mount Prospect Addition, Part VIII requires the owner of the subject property to grant a public access and pedestrian/bikeway easement at the time of development. However, the Board finds that given the immediate need for the trail and that the church is requesting an extended period of approval for the special exception, that it is reasonable to require the church the grant the easement at the time of special exception approval. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14-6L-1 O of the Zoning Ordinance, which states that religious institutions shall have access to arterial or collector streets or on streets with paving wider than twenty-eight feet, that the minimum lot area shall be 40,000 square feet, and that two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. The Board concludes that the general special exception review standards (14 -6W -2B) have been met. 2. Disposition: By a vote of 3-0, the Board approves EXCO2-00009, a special exception to allow a religious institution in a Low -Density Single -Family (RS -5) Zone on Lot 307 of the Mount 0003i8 Prospect Addition, Part VIII, located south of Lakeside Drive, subject to the following conditions: a. Prior to the issuance of a building permit for the religious institution, the applicant must submit a site plan for review and approval by the Director of Planning and Community Development to assure general conformance with the building design, site layout, buffer areas, and building orientation as illustrated on the site plan and building elevation date- stamped 08/08/02. The site plan should indicate a parking lot with no more than 126 parking spaces. Area for an additional 49 parking spaces can be indicated on the site plan. The Director of Planning may approve conversion of this landbanked area to parking upon determining that additional parking for the church's use is warranted. The site plan should include a landscaping plan that will ensure that the parking lot is screened from view of the adjacent residential properties; b. The location of the building must conform to the City's setback requirements for religious institutions, 14-6L-10; c. The applicant must dedicate a 20 -foot -wide public access and pedestrian/bicycle trail , easement to the City of Iowa City within 30 days of the date the Board's Decision is " recorded; n d. Approval of the special exception is extended to August of 2004 provided paragraph I above is met. _ , TIME LIMITATIONS: N 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. `J/ Appr d b T.J. B dt, Chairperson U� City Atto ey sVe 9-9 aZ 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 theoday of��c, 2002, as the same appears of record in my Office. &*- Dated at Iowa City, this /.2. day of 2002. SEAL Mari . Karr, City Clerk 000319 Y FI! 7-17) Prepared by. John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5236 M2 OCT j a P11 3: DECISION M IOWA CITY BOARD OF ADJUSTMENT it WEDNESDAY, SEPTEMBER 11, 2002 — 5 P.M. DNA C E Y, IQv�r� EMMA J. HARVAT HALL MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul MEMBERS ABSENT: none STAFF PRESENT: John Adam, Bob Mik1o, Sarah Holecek FILED NO. `)1261U BOOK3LJ[1L1_P� r,,F_ LJ J I ICA OTHERS PRESENT: Greg Duffey, Chris Hayes 02 OCT �2+1 Pik 2: 366T SPECIAL EXCEPTION ITEMS: JOHNSON COUPdTY RECORDER IOVIA CITY. 101A I. EXCO2-00014. Public hearing regarding an application submitted by Regina Catholic Education Center for a special exception to permit the expansion of a religious institution in the Low -Density Single - Family Residential (RS -5) zone located at 2140 Rochester Avenue. Findings of Fact: The Board finds that the property has access to Rochester Avenue, a street with paving wider than twenty-eight feet. The Board finds that the lot size is 41.21 acres and exceeds the requisite 40,000 -square -foot lot size. The Board finds that the plan as submitted meets the required setback. The Board finds that adequate infrastructure exists in terms of parking spaces required. The Board finds that the request for future additional parking is reasonable if it is screened adequately at time of improvement. The Board finds that potential stormwater issues have been resolved or will be addressed. The Board finds there are no significant points of contention between the applicant and the neighboring property owners. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of section 14-6L-1 O of the Zoning Ordinance, which states that religious institutions shall have access to arterial or collector streets or on streets with paving wider than twenty-eight feet, that the minimum lot area shall be 40,000 square feet, and that two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. The Board concludes that the general special exception review standards (14 -6W -2B) have been met. Disposition: By a vote of 4-0 (with Brandt abstaining due to conflict of interest), the Board approves EXCO2-00014, a special exception to permit the expansion of a religious institution in the Low -Density Single -Family Residential (RS -5) zone located at 2140 Rochester Avenue for a period of two years, subject to general conformance with the site plan submitted August 14, 2002. 2. EXCO2-00016. Public hearing regarding an application submitted by Chris Hayes for a special exception to establish an auto- and truck -oriented use in a Community Commercial (CC -2) zone at 620 South Riverside Drive. Findings of Fact: The Board finds that the proposed use will not pose a danger nor be injurious to the general health, safety and welfare. The Board finds that the proposed use will not be an impediment to future redevelopment of surrounding properties. The Board finds that the imposition of landscaping conditions and conditions governing the display of merchandise addresses the goals and requirements of the Comprehensive Plan, as amended, The Board finds that the proposed use meets all the other 000421 general review requirements contained in 14 -6W -2B of the City Code, including the provision of adequate utilities, infrastructure and adequate means of ingress and egress via an existing curb cut. The Board finds that the property is currently vacant and the establishment of a commercial use is a benefit to the general welfare of the City. Conclusions of Law: The Board concludes that the proposed exception meets the dimensional and other zonal requirements of the Community Commercial zone. The Board concludes that the general special exception review standards (14 -6W -2B) have been met. The Board concludes that the staff - recommended conditions further the objective of meeting of the general review standards and adequately address the recommendation of the Southwest District Plan that greater scrutiny be given to aesthetics when contemplating the establishment of an auto- and truck -oriented use along South Riverside Drive. Disposition: By a vote of 5-0, the Board approves EXCO2-00016, an application for a special exception to establish an auto- and truck -oriented use in a Community Commercial (CC -2) zone at 620 South Riverside Drive subject to the following conditions: I. displays shall be set back at least 40 feet from the sidewalk; and 2. enough clearance is retained between displays and permanent structures to allow for landscape maintenance; and 3. the business' sign is placed no closer to the street right-of-way than shown on the site plan file - dated 02 Aug 15; and 4. a landscaped strip no less than 9 feet wide and covering at least 60% of the frontage is planted along the sidewalk and shall contain shrubs and bushes no less than 3 feet in height when mature; and 5. a planting bed no less than 15 feet wide shall be provided along the length of the property line adjacent to the Iowa River Corridor Trail and shall be planted with opaque plant materials sufficient to mitigate views of the parking lot and HVAC equipment; and 6. in relation to the above conditions, a minor site plan showing the locations and dimensions of display areas, signage and planting beds shall be prepared and include a list of proposed landscaping plants and materials and will be subject to approval by the Director of Planning in addition to Housing & Inspection Services approval. 3. EXC01-00028. Public hearing regarding a request submitted by Austin Chamberlain for a six-month extension of a special exception to reduce the side yard setback requirement from five (5) feet to zero (0) feet for property located at 417 Ferson Avenue, which was recorded on 14 February 2002 and which expired on i4 August 2002, such extension to be made retroactive from the 14 August 2002 expiration date and extended to 14 February 2003. Findings of fact: The Board finds that the absence of the owner of the property where Austin Chamberlain lives has impeded progress toward meeting the provisions of the original disposition; namely, that the applicant obtains an easement from the owner of 402 McLean Street to access the south side of the garage for maintenance purposes and that the applicant obtains a building permit for the garage and brings the existing garage structure into compliance with the Building Code. The Board finds that the inability to obtain the access easement precludes the possibility of bringi6githe exisyng garage into compliance with the Building Code. L7 Conclusions of law: The Board concludes that extension of the original special exception for an additional six months will not cause undue harm to the applicants neighbors or to the City. The BoardT concludes that a six-month extension is generous and sufficient for the applicant to meet the pro sions s7 *1 the original disposition. sv 000422 Disposition: The Board approves a request submitted by Austin Chamberlain for a six-month extension of EXC01-00028, a special exception recorded on 14 February 2002 and which expired on 14 August 2002, such extension to be made retroactive from the 14 August 2002 expiration date and extended to 14 February 2003, with no further allowance of extensions thereafter. 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 -SE, City of Iowa City, Iowa. Vproved �� , A1 ityAtt ey's pIrIT/ 9_3.1 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 I I th day of September, 2002, as the same appears of record in my Office. Dated at Iowa City, this �c� day of 2002. Maria C. Karr, City Clerk a9"E"AL 000423 P rJ ^ RI -c -I 03 11� .J N N 000423 FEE 1l�°° Fl, Prepared by: John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5236 S D; 12 !.''j 9: �9 DECISION IOWA CITY BOARD OF ADJUSTMENTC, J WEDNESDAY, NOVEMBER 13, 2002 — 5 P.M. :i' �" EMMA J. HARVAT HALL " 7;VA MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul MEMBERS ABSENT: none 019309FILED N0. '.1 STAFF PRESENT: John Adam, Sarah Holecek BOOK _ ACF.._r]L-71 OTHERS PRESENT: Gerry Ambrose, Greg McDonald, Keith Garling, Dennis Keit&2 DEC 13 PM 3: 02 SPECIAL EXCEPTION ITEMS: JOHNSON COUN i Y RECORDER IOWA CITY, IOWA 1. EXCO2-00019 —Public hearing regarding an application submitted by Gerry Ambrose for a special exception to allow a drive-through lane and window for a redevelopment project in a Community Commercial (CC -2) zone at 1601 South First Avenue. Findings of Fact: The Board finds that the proposed development will not pose a hazard to the public welfare. The Board finds that the proposed use is similar to existing, neighboring uses. The Board finds that the proposed development will benefit the surrounding commercial neighborhood. The Board finds that the requirement to re -stripe the neighboring property to facilitate shared, internal traffic flow is reasonable. The Board finds that providing left -tum and right -turn lanes onto First Avenue will help ameliorate internal stacking. The Board finds that the provision of a pedestrian connection between the proposed development and the public sidewalk will serve a useful civic purpose. Conclusions of Law: The Board concludes that the proposed exception meets the dimensional and other zonal requirements of the Community Commercial zone. The Board concludes that the proposed use meets the general special exception review standards (14 -6W -2B). The Board concludes that the staff -recommended re -striping of the neighboring property's parking lot serves the purpose of improving internal traffic circulation. The Board concludes that the provision of left- and right -turn exit lanes in the shared driveway will improve internal traffic flow and addresses potential traffic congestion created by an auto -oriented use. The Board concludes that the provision of a pedestrian connection recognizes an often -overlooked component in commercial development. Disposition: By a vote of 5-0 the Board approves EXCO2-00019, a special exception to allow a drive-through lane and window for a redevelopment project in a Community Commercial (CC -2) zone at 1601 South First Avenue on the condition that the parking lot on the neighboring property at 1705 South First Avenue is re -striped to allow two-way traffic flow prior to the issuance of an occupancy permit for the proposed development, that a pedestrian connection between the sidewalk and the proposed structure is provided, and that the western driveway is widened to contain painted right -turn -only and left -turn -only exit lanes. 2. EXCO2-00020 — Public hearing regarding an application submitted by Greg McDonald for a special exception to reduce the required front setback and to allow dwelling units above the ground floor of an office/retail use for a redevelopment project in a Community Commercial (CC -2) zone at 230 Kirkwood Avenue. 000241 Findings of Fact: The Board finds that the proposed development contains one dwelling unit per 1,800 square feet of lot area. The Board finds that each dwelling unit has three or fewer roomers. The Board finds that this is a corner lot with two front setbacks and that the setback along the Gilbert Street frontage was previously reduced through a City right-of-way purchase. The Board finds that at controlled intersections the need for large vision triangles is lessened. The Board finds that planning practice supports infill development in a denser, more urban fashion. Conclusions of Law: The Board concludes that the proposed special exception to allow dwelling units above the ground floor of a commercial structure meets the specific requirements of section 14-6E-5, which permits no more than one dwelling unit per 1,800 square feet of lot area and no more than three roomers per dwelling unit. The Board concludes that the special exception to reduce the required setback meets the specific requirements of section 14 -6Q -4B, The Board concludes that the general special exception review standards (14-6W-213) have been met. O Disposition: By a vote of 5-0, the Board approves EXCO2-00020, an application for a lspOal exception to allow dwelling units above a ground -floor principal use and a speciat2xceptiom to reduce the required front setback along Gilbert Street and Kirkwood Avenue for pr'apertyin,a Community Commercial zone at 230 Kirkwood Avenue. I—) 3. EXCO2-00021 — Public hearing regarding an application submitted by Iowa City Family Moose Center for a special exception to allow the addition of camping facilities to an existing cluboin a Medium -Density Multi -Family (RM -20) zone at 3151 Highway 6 East. Findings of Fact: The Board finds that the proposed use will not be injurious to the public health, safety or welfare. The Board finds that the proposed use will not be an impediment to future development of surrounding properties. The Board finds that the landscaping requirements will provide a sufficient buffer between the proposed use and the neighboring property that has discernable benefits for both. The Board finds that the limitation placed on use of only the paved recreational vehicle pads serves the objectives of consistent and orderly development. The Board finds that the landscaping, lighting and sewer connection conditions address possible negative externalities associated with the proposed use and diminish the possibility of conflicts with neighbors. The Board finds that the proposed use meets all the other general review requirements contained in 14 -6W -2B of the City Code, including the provision of adequate utilities, infrastructure and adequate means of ingress and egress via an existing drive. Conclusions of Law: The Board concludes that the proposed exception meets the dimensional requirements of the Medium -Density Multi -Family zone. The Board concludes that the staff - recommended conditions. further the objective of meeting the general review standards. The Board concludes that the general special exception review standards (14 -6W -2B) have been met. Disposition: By a vote of 4-0 (Keitel abstaining due to conflict of interest), the Board approves EXCO2-00021, an application for a special exception for the expansion of an existing club in a Medium -Density Multi -Family (RM -20) zone subject to the following conditions: 1. Sewage dumps shall be capped and locked when not in use and all utilities hook-ups are to be inspected and approved by the City; 2. The applicant may pave pads and driveway at whatever rate they are able, but shall make use of only those pads that are paved; 000242 3. If general lighting is provided for each or all pads, the lights shall be no more than ten feet (10') in height and shall otherwise conform with the illumination standards contained in 14- 6S -8D, pertaining to light trespass onto neighboring residential properties; 4. Recreational vehicles shall not be allowed to operate generators after 10 P.M. on any night; and, 5. The applicant shall provide a solid planting screen along the 180 feet adjacent to the RV pads continuing from and following the pattern of the screening established along the parking lot and incorporating existing vegetation, and such planting shall be established before April 2003. 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. 9Z62?z - Ap by: T.J. ndt, Chairperson t rney' i i2 -S-oZ STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of November, 2002, as the same appears of record in my Office. Dated at Iowa City, this /,? *1-- day of 2002. Mari -K. Karr, City Clerk 000243 O r T� i D O 000243