HomeMy WebLinkAbout2002 Board of Adjustment DecisionsA
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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
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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
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Kae 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 12th day of December, 2001, as the
same appears of record in my Office.
Dated at Iowa City, this
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5 "OK ED N0. P� OE_ n I
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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
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MEMBERS PRESENT: Mike Paul, Dennis Keitel, T.J. Brandt, Vincent Maurer = — =rl
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MEMBERS ABSENT: None
STAFF PRESENT: Karen Howard, Shelley McCafferty, Sarah Holecek
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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
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WEDNESDAY, JANUARY 9, 2002
Page 2 r
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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. —
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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
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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.
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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
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FILED NO. —
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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
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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
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T.J. andt, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approved by:
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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.
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' Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
DECISION
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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
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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(
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Mike Paul, Vice -Chair
City
STATE OF IOWA
JOHNSON COUNTY
by:
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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 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
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3565251 I )352`)`)
FILED 0.
DECISION BOOK 71-TA—PT
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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
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OTHERS PRESENT: Donald King; Steve Conklin, Diane Clausen, Tim Walker
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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
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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
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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,.
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STAFF PRESENT: Karen Howard, Mitch Behr � �
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OTHERS PRESENT: Tom Mentz, Bob Downer, Fred Greiner, Dean Shannon =<�
77
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SPECIAL EXCEPTION ITEMS: 7�➢
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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
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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
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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
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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
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14SC CUUE�'( PZaRDER
�10k9A Ci•U..10W
711
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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
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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
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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
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the original disposition.
sv
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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
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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
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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.
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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;
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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
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