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HomeMy WebLinkAbout2003 Board of Adjustment Decisions/[�°° VEE r—„ _ i l Prepared by John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5236 DECISION J; -„2v IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 11, 2002-5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul 2A3U0 MEMBERS ABSENT: None. FILED , AGE`i, STAFF PRESENT: Sarah Holecek, John Adam 03 RN 24 PM 21 16 OTHERS PRESENT: David Thompson, Duane Musser, Jerry Hansen sOn cuunl Y RECORDER 10Yr1A CITY, I01VA SPECIAL EXCEPTION ITEMS: 1. EXCO2-00022 — Public hearing regarding an application submitted by David Thompson for a special exception to allow dwelling units above a commercial use in a Community Commercial zone at 1120 N. Dodge Street. Findings of Fact: The Board finds that the proposed expansion of dwelling units will be for two one -bedroom apartments. The Board finds that there are more than 1,800 square feet of lot area per dwelling unit. The Board finds that the building addition will not substantially change the character of the neighborhood. The Board finds that the new parking lot will substantively alter the property and its relation to neighboring properties. The Board finds that the impending construction along North Dodge Street will disturb the front yard and reduce its width. The Board finds that the placement of parking lot screening outside the planned temporary construction and permanent utility easement will allow it to mature and fulfill its function without being disturbed by upcoming street improvements. The Board finds that the required screening and trees comply with the North District Plan's call for attractive development along the Dodge Street entryway corridor. The Board finds that the property has adequate access to streets and utilities. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of 14-6E-5, which state that density of dwelling units above a ground -floor commercial use in the Community Commercial zone may not exceed three roomers per dwelling unit and that there may be only one dwelling unit per 1,800 square feet of lot area. The Board concludes that the general special exception standards (14 -6W -2B) have been ” met. The Board concludes that the staff -recommended provisions adequately address the recommendations contained in the North District Plan discouraging strip -like commercial development and advocating attractive entryway corridor redevelopment. Disposition: By a vote of 5-0 the Board approves EXCO2-00022, a special exception to allow dwelling units above a commercial use in a Community Commercial zone at 1120 N. Dodge Street subject to the provision of landscaping on the west property line along the parking lot, the provision of a five -foot -wide area planted with shrubs spaced no less than four feet on center and attaining a mature height of no less than three feet between the parking lot and the 10 -foot -wide permanent utility easement, and the planting of at least one more tree in the vicinity of the south side of the new paving, provided the existing tree off the northeast corner of the building is retained, otherwise to be replaced by another tree in the yard. 2. EXCO2-00023 — Public hearing regarding an application submitted by Hawkeye Investments for a special exception to allow a restaurant in a Commercial Office zone at 1901 Broadway Street. Findings of Fact: The Board finds that the proposed development will not pose a hazard to the public welfare if conditions addressing health, traffic, and pedestrian access and safety are met. The Board finds that the separation of dumpsters from dwelling and office units will avoid creation of a nuisance. The Board finds that the proposed development may help revitalize its retail and office neighborhood. The Board finds that the closure of the northeasterly driveway will improve intersection traffic conditions. The Board finds that the minimum separation of one hundred and fifty feet between the intersection and the property's entrance driveway follows recommended traffic engineering and planning practice. The Board finds that the close alignment of opposing driveways also follows recommended traffic engineering and planning practice. The Board finds that the proposed development otherwise complies with the regulations of the Commercial Office zone. The Board finds that the connection to the trail will assist and promote an alternative mode of transportation. The Board finds that the provision of well -demarcated pedestrian walkways fosters pedestrian safety and encourages walkability, a goal of the Comprehensive Plan. Conclusions of Law: The Board concludes that the proposed exception meets the general review standards (14 -6W -2B) for special exceptions. The Board concludes that the closure of the northeasterly driveway and the close alignment of the property's driveway with the existing driveway across Broadway Street are done in the interest of traffic safety and relief from traffic congestion. The Board concludes that provision of sidewalks and connection to the Highway 6 Trail complies with the recommendations of the South District Plan. The Board concludes that well -demarcated walkways across the parking lot promote pedestrian safety. Disposition: By a vote of 4-0 (Keitel abstaining due to conflict of interest) the Board approves EXCO2-00023, a special exception to allow a restaurant in a Commercial Office zone at 1901 Broadway Street subject to the following conditions: 1. General conformance with the building and site plan submitted by the applicant, with the inclusion of a clearly demarcated pedestrian connection between the Highway 6 Trail and the building entrance; 2. dumpsters shall be located no closer than 50 feet to any window of any habitable or leasable structure on the subject property or neighboring property; 3. the northeast curb cut and driveway shall be closed; 4. no new driveways shall be permitted closer than 100 feet to the northeast property corner; 5. the new curb cut and driveway shall be located so there is a roughly 50 -percent overlap (see attached Opposing Driveways illustration) between it and the opposing driveway at 1902 Broadway Street; and 6. a standard 4 -foot -wide sidewalk shall be provided along Broadway Street with appropriate connections both from that sidewalk and from the Highway 6 Tralfto the proposed structure.CO 000608 ry U1. 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 decision. City Code Section 14 -4B -5E, City of Iowa ity, to MI a Paul, Chair erson Appr by 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 11th day of December, 2002, as the same appears of record in my Office. Dated at Iowa City, this Xn�l day of 2002 T:\PCD\BOA nLES\decisIons \decision 2002.12.11.doc Marian Karr, City Clerk C.) Oh 127080 1 1 ` FEE FILED NO. p�GF BOO 03 FEB 18 AM 9: 57 Prepared by John Adam, Associate Planner, 410 E. Washington; Iowa City, IA 52240; 319/356-5230 DECISION JORNSON C CUNCITT RECORDER OWA IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 8, 2003 — 5 P.M. EMMA J. HARVAT HALL c. MEMBERS PRESENT: Dennis Keitel, Vincent Maurer, Mike Paul, Carol AlexancQ y C r, MEMBERS ABSENT: Eric Gidal -- STAFF PRESENT: Sarah Holecek, John Adam OTHERS PRESENT: John Rutherford, Kris Rutherford, Sue Dulek, Peg Raab, Sd4ron r1 Satterquist - SPECIAL EXCEPTION ITEMS: 1. EXCO2-00024 — Public hearing regarding an application submitted by John and Kris Rutherford for a special exception to reduce the side yard setback from five (6) feet to two (2) feet to allow the addition of a garage in the Low -Density, Single -Family (RS -5) zone at 1717 East College Street. Findings of Fact: The Board finds that insufficient space remains between the house and the side setback to accommodate a garage. The Board finds that the necessary width cannot be purchased from the neighbors. The Board finds that the applicants have no access to an alley. The Board finds that the applicant's lot has an awkward shape that precludes locating a garage further in the back without unreasonably encroaching into the back yard open space. The Board finds that the adjoining properties have twenty -foot setbacks abutting the property line nearest to where the proposed garage would be built. The Board finds that the impact on adjoining properties would be minor given the separation between existing structures on those lots and the proposed addition. The Board finds that there would be no substantial affect on the neighborhood and that the intent of the setback requirement would be preserved. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of 14 -6Q -4B, which states that the owner or lawful occupant of property must demonstrate that such person's situation is peculiar to the property in question and that there is a practical difficulty in complying with the dimensional requirements of the Zoning Chapter. The Board concludes that the general special exception standards (14 -6W -2B) have been met. Disposition: By a vote of 4-0 the Board approves EXCO2-00024, a special exception to reduce the side yard setback from five (5) feet to two (2') feet to allow the addition of a garage in the Low -Density, Single -Family (RS -5) zone at 1717 East College Street provided the reduction applies only to the footprint of the garage as shown in the applicants' site plan file -dated 12 December 2002 by the City Clerk's Office. 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 decision. City Code Section 14-46-5E, City of Iowa 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 8th day of January, 2003, as the same appears of record in my Office. Dated at Iowa City, this ��` -ice- day of 2003 Marian C. Karr, City Clerk SEAL T:\PCD\BOA FILES\deasions\decision 2003.01.08.doc 000059 r Ac. 00 FEE Prepared by John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240: 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 12, 2003 — 5 P.M. EMMA J. HARVAT HALL G ilia 25 AF11 9:45 Ci i .l, 'DVA MEMBERS PRESENT: Dennis Keitel, Vincent Maurer, Mike Paul, Carol Alexander, Eric Gidal MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, John Adam �~ FILED N0. _ Q 1 12 OTHERS PRESENT: David Thompson Q00 ,1cEL{ SPECIAL EXCEPTION ITEMS: 03 P R �2u6 Ph 2:30 1. EXC03-00001 — Public hearing regarding an application submitted by Prog I I)iIDEZ a special exception to share parking between two lots in the Medium -Density, Mulei=Farris 10Si'A (RM -20) zone at 603 Greenwood Drive. Findings of Fact: Fact: The Board finds that the two parking lots will have a sufficient number of spaces to serve both uses. The Board finds that the shared parking is within 300 feet of both buildings that will share it. The Board finds that the parking is in the same zone as the principal use. The Board finds that a location plan has been submitted indicating the location of the shared parking. The Board finds that a written agreement has been submitted assuring the retention of parking and stacking spaces, aisles and drives and binding on the owners' successors and assigns. The Board finds that the uses are non-compliant with the Zoning Ordinance in three instances: on-site dumpsters are not in enclosures; a gravel parking lot is in use on the property; there are no right-of-way trees along Greenwood Drive. The Board finds that the parking lots are not connected to one another by a walkway. Conclusions of Law: The Board concludes that the deficiencies with regard to the Zoning Ordinance shall be corrected. The Board concludes that a walkway should Connect the shared parking lots for the convenience and safety of pedestrians on site. The Board concludes that with the provisions attached to its approval the specific standards for the sharing of parking (14 -6N -1C) and the general special exception standards (14 -6W -2B) have been met. Disposition: By a vote of 5-0 the Board approves EXC03-00001, a special exception to share parking between two lots in the Medium -Density, Multi -Family (RM -20) zone at 603 Greenwood Drive subject to the following provisions: 1. A sidewalk shall be constructed safely connecting the parking lot at 603 Greenwood Drive to the parking lot at 605 Greenwood Drive; 2. The use of the gravel parking lot in the back of Greenwood Manor shall be discontinued unless and until the parking lot is paved to comply with the City Code; 3. A fence, wall or similar solid barrier shall be built to prevent access to the gravel parking lot unless and until the parking lot is paved; 000405 4. The dumpsters on both lots shall be enclosed; and, 5. Right-of-way trees shall be provided at 603 Greenwood Drive. "" '" 2" : '. '; 5 2. EXCO2-00022 — Public hearing regarding a correction of fact for a special exception that was decided by the Board at its December 11, 2002 meeting. Findings of Fact: The Board finds that an error was made by staff in referencing a "10 -foot utility easement." The Board finds that the referenced utility easement will have a width of five feet. The Board finds that the provision of a handicapped -accessible parking space close to the building is reasonable in light of the intended use. The Board finds that planting of a buffer for the residential use in front of the handicapped -accessible parking space following the planned Dodge Street improvements fulfills the intent of the provision. Conclusions of Law: The Board concludes that its 11 December 2002 decision shall be amended to correct factual error. The Board concludes that its 11 December 2002 decision shall be amended to include a compromise provision that the buffer shall be planted on top of the utility easement in front of the handicapped -accessible parking space. The Board concludes that the buffer shall be planted following the improvement of Dodge Street to ensure uninterrupted growth thereafter. The Board concludes that the compromise will serve the interests of justice. Disposition: By a vote of 5-0 the Board amends its 11 December 2003 decision regarding EXCO2-00022, a request for a special exception to allow dwelling units above a groundfloor commercial use in the Community Commercial (CC -2) zone at 1120 N. Dodge Street as follows: 1. Amend "10 -foot -wide permanent utility easement" reference to read "5 -foot -wide permanent utility easement;" 2. Amend the provision placing the buffer outside the utility easement to read: "...the provision of a five -foot -wide area planted with shrubs spaced no less than four feet on center and attaining a mature height of no less than three feet between the parking lot and the 5 -foot -wide utility easement, except for the area directly in front of the house, where the buffer may be planted on top of the utility easement;" 3. Add the following provision: "The buffer on top of the utility easement shall be installed within six (6) months following the acceptance of improvements to North Dodge 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 decision. City Code Section 14-46-5E, City of Iowa City, Iowa. Wj;: e Paul, Chairpers STATE OF IOWA JOHNSON COUNTY Uri IMA 7417AWW, J 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 12th day of February, 2003, as the same appears of record in my Office. Dated at Iowa City, this o'ZJ day of12003 T:\PCD\BOA FILES\decisions\decision 2003.02.12.doc Marian K. Karr, City Clerk 00040"7 SEAL A FEE Prepared by John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5236 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 12, 2002 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul, MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, John Adam FILED N0. 135305 BDO�PAGF_� 03 APR 18 AM 9: 06 JOHNSON COUNTY RECORDER IOWA CITY. IOWA Carol -Alexander " _, OTHERS PRESENT: Darrell Lamb, Mary Stewart, Darlene Clausen, Robert Carlson, Steven Rohrbach SPECIAL EXCEPTION ITEMS: 1. EXC03-00002 — Public hearing regarding an application submitted by Mercy Hospital for a special exception to allow off-street parking on a lot separate from the use served in an Office Commercial zone at 611-619 East Market Street. Findings of Fact: The Board finds that a parking lot will relieve some of the on -street parking in surrounding neighborhoods. The Board finds that the proposed parking lot is within 300 feet of the use it will serve and it is located in the same zone. The Board finds that appearance of the streetscape and the impacts on neighboring residential properties are significant factors that need to be addressed through careful screening, landscaping and lighting design. The Board finds that handling storm water runoff is a signficant concern. Conclusions of Law: The Board concludes that the specific special exception standards (14- 6N-1 C) have been met. The Board concludes that the general special exception standards (14 -6W -2B) have been met. The Board concludes that the provisions serve to lessen impacts on neighboring properties, specifically by controlling light trespass, preserving on- site trees, providing screening and providing increased setback and landscaping along Market Street. The Board concludes that City Engineer's approval of the storm water runoff control plan will sufficiently address concerns. Disposition: By a vote of 3-2 the Board approves EXC03-00002, a special exception to allow off-street parking on a lot separate from the use served in an Office Commercial zone at 611-619 East Market Street subject to the following provisions: 1. All parking spaces will be set back 15-20 feet from the Market Street right-of-way; 2. Within the setback area a continuous hedge of Arborvitae, Burning Bush and Amur Maple, or other types of shrubs or hedge plants, will be planted; the Arborvitae will form a backdrop hedge no less than or greater than 4 feet in height at maturity and the other shrubs will provide both color and textural variety, the final plan to be approved by the City Forester; 3. At least one of the mature maples roughly in the middle of the proposed parking lot will be preserved with no less than a 10 -foot radius of open soil around it or a similar dimension subject to the approval of the City Forester, and it will subsequently be maintained in good health; 000022 A 4. The parking lot will conform with the tree requirements of the Zoning Ordinance; 5. Storm water runoff will be directed to a public storm sewer unless the applicant can demonstrate that direct discharge will not adversely impact other properties abutting the alley, subject to the approval of the City Engineer; 6. Light fixtures will be no higher than 15 feet and be fully shielded and downcast to prevent glare and light trespass 7. The applicant shall agree with the neighboring property owner to the northwest, Mary Stewart, on a decorative fence to be installed at or near the property line for screening purposes up to 20 feet from the Market Street right-of-way, in compliance with the Code. 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 decision. City Code Section 14 -4B -5E, City of Iowa 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 12th day of March, 2003, as the same appears of record in my Office. Dated at Iowa City, this day of , 2003 Maria . Karr, City Clerk T:\PCD\BOA FILES\decisions\decision 2003.03.12.doc Y11110AMOTWRilm MAW YTO 000023 FEE E0 Prepared by John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5236 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 9, 2002 — 5 P.M. EMMA J. HARVAT HALL FILED NO. 13729f; 03HY-1 AN 9:55 Ju"HNSON CUUnnTY RECORDER IOWA CITY. IOWA MEMBERS PRESENT: Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul, Carol Alexander MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek. Mitch Behr. John Adam OTHERS PRESENT: Joseph Holland, James Clark, John Moreland, Jr., Ronald Wade, Marc Moen r; APPEAL ITEM: AP03-00002 — Public hearing regarding an application submitted by James Clark appealing a Zoning Code Interpretation Panel (ZCIP) ruling that the installation of a pass-through door between adjoining dwelling units in multi -family residential buildings would create a single unit. Findings of Fact: The Board finds that the definition of a "dwelling unit," as found in 14-66 of the Iowa City City Code is "Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used for living, sleeping, cooking and eating meals." The Board finds that installation of the pass- through doors would allow sharing of and interaction between units, such that they would function as a "single unit" as contemplated within the above -referenced definition of "dwelling unit". Furthermore, the Board finds that a reversal in the Panel's interpretation would impact nearly all multi -family uses in Iowa City and may make enforcement of density and parking provisions, among other Zoning Chapter provisions, difficult for enforcement officials. Conclusions of Law: The Board finds that the Zoning Code Interpretation Panel made reasonable findings in its original ruling that the installation of pass-through doors in the common wall between two units would render them a single unit. The Board concludes that the installation of pass-through doors in the common wall between two units would render them a single "dwelling unit". The Board concludes that the former conclusion corresponds to the definition of "dwelling unit" as found in 14-613 of the Iowa City City Code. Disposition: By a vote of 3-2 the Board denies AP03-00001, an appeal reversing the ZCIP ruling of 25 March 1996 (reaffirmed 1 April 2003) on the effect of pass -though doors between adjoining dwelling units in multi -family residential buildings. VARIANCE ITEM: EXC03-00002 — Public hearing regarding an application submitted by S&M Properties for a variance to allow an additional sign along the frontage of a tract that reached its allowable limit in the Community Commercial (CC -2) zone at 1570 S. First Avenue. 000124 Findings of Fact: The Board finds that the tract containing the applicant's property contains the permitted number of freestanding signs; however, two members of the Board find that the tract does not include the convenience store on the corner of First Avenue and Lower Muscatine Road and therefore the tract has not reached its limit on freestanding signs. The Board finds the applicant can meet the 150 -foot spacing requirement for freestanding signs along a tract frontage as contained in 14-60-5D(2)(b). The Board finds the applicant is suffering a hardship because he has no signs up to advertise his commercial tenants. Further, the applicant's development of the property in compliance with the City's desire to minimize the number of curb -cuts on an arterial created the large tract with lengthy frontage, and has resulted in a hardship not of the applicant's making. The Board finds that the applicant's situation is unique in that he was the last to develop in the tract and therefore faced limited signage choices. Conclusions of Law: The Board concludes that the addition of one more sign along First Avenue will not make significant difference in the streetscape and will therefore be in harmony with the intent of the Zoning Chapter. The Board concludes that the applicant does not enjoy the same privileges as the other property owners in the tract because he was the last to develop there and avoided the installation of additional curb -cuts and the creation of smaller tracts in concert with City policy. The Board concludes that the interests of justice will be served by permitting a variance in this instance. Disposition: By a vote of 4-1 the Board approved VAR02-00002, a variance lto allow an additional sign along the frontage of a tract that has reached its allowable limit in theme Community Commercial zone at 1570 S. First Avenue. SPECIAL EXCEPTION ITEMS: = - N 1. EXC03-00003 — Public hearing regarding an application submitted by Ronald Wade=for a special exception to allow a school of specialized private instruction in the Int6Rsive Commercial (CI -1) zone at 1565 South Gilbert Street. Findings of Fact: The Board finds that the proposed use has no negative externalities that would adversely affect the neighborhood. The Board finds that there will be no effective change in traffic in the area. The Board finds that the hours of operation will cause no parking shortage or conflict. The Board finds that the applicant has no right-of-way trees and will need to comply with 14-6R, Tree Regulations, before establishing a use. The Board finds that the Comprehensive Plan supports the establishment and continuation of local businesses. The Board finds that the property in question is subject to Federal Aviation Administration requirements for restricted flight zones, and therefore occupancy and use must be addressed. Conclusions of Law: The Board concludes that the proposed exception meets the general special exception standards of Section 16 -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 properties in the neighborhood. The Board concludes that a cap on the number of people attending the classes and limiting the exception to this specific use will help satisfy Federal Aviation Administration requirements regarding restricted flight zones. Disposition: By a vote of 5-0 the Board approves EXC03-00003, a special exception to allow a school of specialized private instruction in the Intensive Commercial zone at 1565 S. 000125 Gilbert Street subject to compliance with 14-6R, Tree Regulations, and provided the operations are solely for dog obedience classes and occupancy shall be limited to no more than 35 persons at any one time. 2. EXC03-00004 — Public hearing regarding an application submitted by the City of Iowa City for a special exception to allow off-street parking in the Central Business District (CB -10) zone at Urban Renewal Lot 64-1 A. Findings of Fact: The Board finds that seventy of the spaces to be provided will be underground and will permit almost full development of the property. The Board finds that grocery stores are unique retail uses that have parking needs different from other types of downtown retail, therefore surface parking close to the store entrance is a reasonable provision. The Board finds that the amount of parking to be provided in the development is less than the amount available in the surface parking lot currently in the location of the proposed development, therefore traffic congestion is not likely to increase. The Board finds that the amount of proposed parking is sufficient to serve its intended uses without leaving a surplus that would directly compete with publicly provided parking. Conclusions of Law: The Board concludes that the proposed exception meets the specific standards for off-street parking in the CB -10 zone as found in Section 14 -6N -1E. In particular, with the listed conditions, the Board concludes that adequate signage, screening and visible access will be provided. The Board concludes that the proposed exception meets the general standards for special exceptions as found in 14 -6W -2B. In particular, the Board finds that the provision of underground parking will reduce or eliminate competition for public parking between tenants of the proposed development and commercial users and therefore will not be injurious to the use and enjoyment of other property in the immediate vicinity. The Board concludes that the proposed development may contain less parking than there is currently available and will therefore have nominal impact on traffic in this block. The Board concludes that the proposed exception will allow more residents to live downtown, which is a goal stated in the Comprehensive Plan, and will provide parking that will be sufficient for the uses served without competing directly with publicly provided parking and will therefore be consistent with the intent of the CB -10 zone. The Board concludes that the proposed grocery store is a unique use and the public benefit of this unique use in the downtown warrants approval of a surface parking lot on this tract in the CB -10 zone. Disposition: By a vote of 5-0 the Board approves EXC03-00004, a special exception to allow off-street parking in the Central Business District (CB -10) zone at Urban Renewal Lot 64-1A subject to the following provisions: 1. Three- to five-foot high screening shall be provided along the public right of -way in front of the surface parking lot; 2. At the southeast and northeast corners of the surface lot the screening shall be no--= higher than two (2') feet within triangular areas measured 10 feet _out from -the -j intersection point of drives and the right-of-way; 3. The surface parking lot is approved for use by the retail space adjacent twit only if�that retail space is a grocery store; and J 4. The developer shall provide for a pedestrian chicane at the northeast corner of the Dubuque Street Ramp to improve sight lines between pedestrians and cars leaving via the public access drive. 000126 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 decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. Approved by: Mike Paul, Chairperson —<;a t!71 Attor y's I 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 9th day of April, 2003, as the same appears of record in my Office. Dated at Iowa City, this 9 day of 12003 Mari K. Karr, City Clerk T:1PCDIB0A FILFSIdecisions\decision 2003.04.09.doc SEAL 00012'7 �r 1 �"0 1`s City of 07A`o G IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 014611700004 Tvoe: GEN Recorded: 07/30/2003 at 01:31:37 PM ,Ta: OF �nI L� Fee Amt: $26.00 Paas 1 of 4 STATE . IO%1VA ) Johnson Countv Iowa SS Kimberly A. Painter Countv Recorder COUNTY OF JOHNSON ) BK3600PG134-137 JFee I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the attached July 17, 2003, memorandum regarding non -substantive typographical errors in the May 2003 Board of Adjustment Decision; and the May 14, 2003, Board of Adjustment Decision, are true and correct copies, all as the same appears of record in the City Clerk's office. Dated at Iowa City, Iowa, this 22nd day of July, 2003. — Mari n -K. Karr City Clerk Unate6al "RPORATE SEA L 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (3 19) 356-5000 • FAX (319) 356-5009 City of Iowa City MEMORANDUM 17 July 2003 To: Marian Karr, City Clerk n/ From: John Adam, Board of Adjustment Secretao 1 Re: May 2003 Board of Adjustment Decision It has come to my attention that the Board of Adjustment decision for the 14 May 2003 meeting that was filed with your office on 28 May 2003 contains one non -substantive typographical error. The purpose of this memo is to give official notice of this error for the record. Please note the following typographical error: • Under special exception item number 1, paragraph one, the file number should read "EXC03-00005," instead of "EXC03-00004 " Please file this memo with the official decision that was filed on 28 May 2003. wee. Recorded: 10/2003 at 09: :14 AM Prepared by John Adarh, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-523' Johnsee on County Pace 1 0 Kimberly A. Paints unty Recorder DECISION 9K3558 66 - IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 14, 2003 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Eric Gidal, Dennis Keitel, Vincent Maurer, Mike Paul MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, John Adam n _ OTHERS PRESENT: None p SPECIAL EXCEPTION ITEM: - J 1. EXC03-00004 — Public hearing regarding an application submitted by Ch> Carrnfor a special exception to permit a drive-through/carry-out restaurant (an auto- and truck-onented use) at 1621 South First Avenue. Findings of Fact: The Board finds that the traffic circulation pattern within the lot is well laid out. The Board finds that the means of ingress/egress are sufficient to minimize internal and external traffic congestion. The Board finds that a previous special exception for an auto - and truck -oriented use (EXCO2-00019) on the same lot adequately addressed traffic and aesthetic concerns and that the current application does not raise them anew. The Board finds the proposed use will itself not be a large trip generator. The Board finds the general special exception standards have been met. The Board finds that the proposed use conforms to the requirements of the Community Commercial zone. Conclusions of Law: The Board concludes that the proposed exception meets the general special exception standards of Section 16 -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 properties in the neighborhood. The Board concludes that the proposed use will not add significantly to existing area traffic. The Board concludes that the proposed restaurant will be an appropriate use in the South First Avenue commercial area. Disposition: By a vote of 5-0 the Board approves EXC03-00005, a special exception to permit a drive-through/carry-out restaurant at 1621 South First Avenue. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. e Paul, airperson STATE OF IOWA JOHNSON COUNTY E 0 all v RvAmanow �C 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 14th day of May, 2003, as the same appears of record in my Office. Dated at Iowa City, this day of 2003 /r/�c� J`iC �✓ Mari K. Karr, City Clerk T:WCD180A FILMdecisionsWecision 2003.05.14.doc YT* A'AI t OT VPUT3A XM0 oma 0 n c �C= q r—+ DN YT* A'AI t OT VPUT3A XM0 oma City of Iowa city M ,MORANUUM 17 July 2003 To: Marian Karr, City Clerk From: John Adam, Board of Adjustment Secreta,) 1 Re: May 2003 Board of Adjustment Decision It has come to my attention that the Board of Adjustment decision for the 14 May 2003 meeting that was filed with your office on 28 May 2003 contains one non -substantive typographical error. The purpose of this memo is to give official notice of this error for the record. Please note the following typographical error: • Under special exception item number 1, paragraph one, the file number should read "EXC03-00005," instead of "EXC03-00004." Please file this memo with the official decision that was filed on 28 May 2003. Ne.e. Doc ID: 014606640002 TVDe. GEN Recorded: 06/10/2003 at 09:14:14 AM Prepared b John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-523 Fee Amt: 911.00 Pace 1 of 2 y Johnson Countv Iowa Kimberly A. Painter Countv Recorder DECISION 6K3558 PG266-267 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 14, 2003 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Eric Gidal, Dennis Keitel, Vincent Maurer, Mike Paul MEMBERS ABSENT: None `j STAFF PRESENT: Sarah Holecek, John Adam ,l+ OTHERS PRESENT: None i SPECIAL EXCEPTION ITEM: 1. EXC03-00004 — Public hearing regarding an application submitted by Chfis Carr^for a special exception to permit a drive-through/carry-out restaurant (an auto- and truck -oriented use) at 1621 South First Avenue. Findings of Fact: The Board finds that the traffic circulation pattern within the lot is well laid out. The Board finds that the means of ingress/egress are sufficient to minimize internal and external traffic congestion. The Board finds that a previous special exception for an auto - and truck -oriented use (EXCO2-00019) on the same lot adequately addressed traffic and aesthetic concerns and that the current application does not raise them anew. The Board finds the proposed use will itself not be a large trip generator. The Board finds the general special exception standards have been met. The Board finds that the proposed use conforms to the requirements of the Community Commercial zone. Conclusions of Law: The Board concludes that the proposed exception meets the general special exception standards of Section 16 -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 properties in the neighborhood. The Board concludes that the proposed use will not add significantly to existing area traffic. The Board concludes that the proposed restaurant will be an appropriate use in the South First Avenue commercial area. Disposition: By a vote of 5-0 the Board approves EXC03-00005, a special exception to permit a drive-through/carry-out restaurant at 1621 South First Avenue. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -4B -5E, City of Iowa City, Iowa. le Paul, airperson 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 414th day of May, 2003, as the same appears of record in my Office. Dated at Iowa City, this day of 2003 Mari K. Karr, City Clerk T:\PCD\BOA FILES\decisions\decision 2003.05.14.doc n Prepared by Robert Miklo, Senior Planner, 410 E. Washington, lova City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 13 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Dennis Keitel, Vincent Maurer, Carol Alexander MEMBERS ABSENT: Mike Paul, Eric Gidal. STAFF PRESENT: Sarah Holocek, Robert Miklo OTHERS PRESENT: Joe Holland, Chris Pose, Dean Clermont SPECIAL EXCEPTION ITEMS: Doc ID: 015018690004 Tvoe. GEN Recorded: 09/12/2003 at 01:00:47 PM Fee Amt: $26.00 Pace 1 of 4 Johnson Countv Iowa Kimberly A. Painter Countv Recorder SK3637 PG937-940 vi'Q Oo 0 `z C- N n C7 CD 0 r= r M v M D o EXC03-00007. Public hearing regarding an application submitted by David Long for a special exception to permit off-street parking on a lot separate from the use served in the Medium -Density Single -Family (RS -8) zone at 925 and 927-29 N. Dodge St. Findings of Fact: The Board finds that the parking area with the shared driveway and aisle will have a sufficient number of spaces to serve both uses. The Board finds that the shared parking is within 300 feet of both buildings that will use it. The Board finds that the parking is in the same zone as the principal use. The Board finds that a location plan has been submitted indicating the location of the shared parking. The Board finds that a written agreement will be necessary to assure the retention of parking and stacking spaces, aisles and drives. The Board finds that the proposed design of the parking areas, driveways and aisles and the removal of the one driveway and the gravel parking area from the front yard will improve the appearance and safety and function of the parking area. The Board finds that the addition of an evergreen hedge to screen the parking area will make the appearance of this relatively large parking area appropriate in this residential streetscape. Conclusions of Law: The Board concludes that with the provisions attached to its approval the specific standards for the sharing of parking (14-6NAC) and the general special exception standards (14 -6W -2B) have been met. Disposition: By a vote of 3-0 the Board approves EXC03-00007, an application for a special exception to permit off-street parking on a lot separate from the use served in the Medium Density Single -Family (RS -8) zone at 925 and 927-29 N. Dodge Street subject the following provisions: 1. Compliance with the parking site plan dated July 31, 2003, which provides for nine conforming parking spaces, paving of the parking area and drives and aisles, consolidation of driveways and curb cuts into a single driveway and curb cut, restoration of the soil and grass cover to all areas left unpaved and paved areas removed because of the curb cut and driveway consolidation; 2. An evergreen screen or hedge in adjacent to Dodge Street to screen the large parking area; r 3. A written agreement properly executed by the owner showing the retention of the isles and driveway that would be binding upon successors and assignees as I!Jovena—ril running with the land; �zC� 4. A lot line adjustment for the boundary between the two properties. 0 o 2. EXC03-00008. Public hearing regarding an application submitted by MidArriep§n Ehbrgy,j Company for a special exception to expand an electric utility substation, redWminOum required lot size and reduce required yards in the Interim Development Of' /ResTch Park (ID -ORP) zone at 2875 Harvest Road. Findings of Fact: The Board finds that utility substation will be sufficiently screened from view from public right-of-way by proposed trees and existing trees and topographic features. The Board finds that with proposed plantings the utility substation will be compatible in terms of size, scale, location, and design in relation to surrounding structures and uses. The Board finds the utility substation will be located, screened and landscaped in a manner so that a reduction of lot area will not detract form the surrounding properties or prevent development of an attractive entranceway to a future office park. The Board finds the utility substation is a unique use in the Interim Development Office Research Park zone and that setback requirements of the zone, which are intended for office buildings, do not correlate with the utility substation use. Conclusions of Law: The Board concludes that with the provisions attached to its approval the specific standards for utility substations (14 -6L -1X-1 and 2), the reduction of lot size requirements (14 -6L -1X-3), the modification of yard requirements (14 -6Q -4B) and the general special exception standards (14 -6W -2B) have been met. The Board concludes that the proposed exception will not affect the use, enjoyment, value development potential or improvement of surrounding property, nor shall it have ill effect on the public health, safety, comfort or general welfare. Disposition: By a vote of 3-0 the Board approves EXC03-00008, an application for a special exception to permit a utility substation facility in the Interim Development Office Research Park (ID -ORP) zone, reduce the minimum lot size and modify the yard requirements, provided ten large trees chosen from the List of Recommended Trees, as established by the City Forester, be planted and maintained along the south and east sides of the property. 3. EXC03-00009. Public hearing regarding an application submitted by Southgate Development for a special exception to permit a drive-through/carry-out restaurant in the Community Commercial (CC -2) zone at 1911 Broadway Street. Findings of Fact: The Board finds that the traffic circulation pattern is adequate for the traffic anticipated from the carry -out restaurant. The Board finds the proposed use will itself not be a large trip generator. The Board finds that sufficient parking is available to the carry -out restaurant and the other businesses within the shopping center. The Board finds the general special exception standards have been met. The Board finds that the proposed use conforms to the requirements of the Community Commercial zone. Conclusions of Law: The Board 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 properties in the neighborhood. The Board concludes that the proposed use will not add significantly to existing area traffic. The Board concludes that the proposed restaurant will be an appropriate use in the Pepperwood Plaza area. Disposition: By a vote of 3-0 the Board approves EXC03-00009, an application for a special exception to establish an auto- and truck -oriented use in a Community Commercial zone at 1911 Broadway Street. 4. EXC03-00011. Public hearing regarding an application submitted by Dean and Dawn Clermont for a special exception to allow the reduction of front yard by enclosing an existing deck in the Low -Density Multi -Family (RM -12) zone at 673 Scott Park Road. Findings of Fact: The Board finds that this property has street frontage, and therefore a required front yard on three of its four sides. The Board finds that two of the street frontages are on arterial streets requiring a 40 -foot setback. The Board finds that the zero lot line dwelling on this property provides for no yard on the south side. The Board finds the given the unique lot configuration there is practical difficulty for locating elements, such as a sun porch on this property. The Board finds that the approximately 3% reduction in the required yard is minimal. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of 14-60-4B, which states that the owner or lawful occupant of property must demonstrate that such person's situation is peculiar to the property in question and that there is a practical difficulty in complying with the dimensional requirements of the Zoning Chapter. The Board concludes that the general special exception standards (14 -6W -2B) have been met. Disposition: By a vote of 3-0 the Board approves EXC03-00011, an application for a special exception to reduce the required front setback along Scott Boulevard from forty feet to thirty- four feet in the area of the balcony indicated on the submitted site plan for a single-family home in the Low -Density Multi -Family (RM -12) zone. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-46- 5E, City of Iowa City, Iowa. Denis Keitel, We Chairpersorl M p� -0 D^ w 0 CO 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 August, 2003, as the same appears of record in my Office. Dated at Iowa City, this 451 day of 2003 Marian -K-. Karr, City Clerk YN,I, t" 1! - -1 _ CO N C -G C7 v 71 - C7 m 0 cam. w D o co / Doc ID: 015429870003 Tvoe. GEN Prepared by John Adam, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Recorded: 12/12/2003 at 03:42:09 PM Fee Amt: $21.00 Pace 1 of 3 DECISION Johnson county Iowa Kimberly A. Painter Countv Recorder IOWA CITY BOARD OF ADJUSTMENT EK3677 PG579-581 WEDNESDAY, DECEMBER 11, 2002-5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Eric Gidal, Vincent Maurer, Mike Paul MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holocek, John Adam OTHERS PRESENT: David Thompson, Duane Musser, Jerry Hansen SPECIAL EXCEPTION ITEMS: 1. EXCO2-00022 — Public hearing regarding an application submitted by David Thompson for a special exception to allow dwelling units above a commercial use in a Community Commercial zone at 1120 N. Dodge Street. Findings of Fact: The Board finds that the proposed expansion of dwelling units will be for two one -bedroom apartments. The Board finds that there are more than 1,800 square feet of lot area per dwelling unit. The Board finds that the building addition will not substantially change the character of the neighborhood. The Board finds that the new parking lot will substantively alter the property and its relation to neighboring properties. The Board finds that the impending construction along North Dodge Street will disturb the front yard and reduce its width. The Board finds that the placement of parking lot screening outside the planned temporary construction and permanent utility easement will allow it to mature and fulfill its function without being disturbed by upcoming street improvements. The Board finds that the required screening and trees comply with the North District Plan's call for attractive development along the Dodge Street entryway corridor. The Board finds that the property has adequate access to streets and utilities. Conclusions of Law: The Board concludes that the proposed exception meets the specific requirements of 14-6E-5, which state that density of dwelling units above a ground -floor commercial use in the Community Commercial zone may not exceed three roomers per dwelling unit and that there may be only one dwelling unit per 1,800 square feet of lot area. The Board concludes that the general special exception standards (14 -6W -2B) have been met. The Board concludes that the staff -recommended provisions adequately address the recommendations contained in the North District Plan discouraging strip -like commercial development and advocating attractive entryway corridor redevelopment. Disposition: By a vote of 5-0 the Board approves EXCO2-00022, a special exception to allow dwelling units above a commercial use in a Community Commercial zone at 1120 N. Dodge Street subject to the provision of landscaping on the west property line along the parking lot, the provision of a five -foot -wide area planted with shrubs spaced no less than four feet on center and attaining a mature height of no less than three feet between the parking lot and the 10 -foot -wide permanent utility easement, and the planting of at least one more tree in the vicinity of the south side of the new paving, provided the existing tree off the northeast corner of the building is retained, otherwise to be replaced by another tree in the yard. City of Iowa City MEMORANDUM Date: December 22, 2003 To: Marian Karr From: Bob Miklo Re: Board of Adjustment Decision I incorrectly sent you the December 11, 2002 Board of Adjustment decision for recording rather than the November 12, 2003 meeting decision. I am now sending you the correct November 12 decision for recording. 2. EXCO2-00023 — Public hearing regarding an application submitted by Hawkeye Investments for a special exception to allow a restaurant in a Commercial Office zone at 1901 Broadway Street. Findings of Fact: The Board finds that the proposed development will not pose a hazard to the public welfare if conditions addressing health, traffic, and pedestrian access and safety are met. The Board finds that the separation of dumpsters from dwelling and office units will avoid creation of a nuisance. The Board finds that the proposed development may help revitalize its retail and office neighborhood. The Board finds that the closure of the northeasterly driveway will improve intersection traffic conditions. The Board finds that the minimum separation of one hundred and fifty feet between the intersection and the property's entrance driveway follows recommended traffic engineering and planning practice. The Board finds that the close alignment of opposing driveways also follows recommended traffic engineering and planning practice. The Board finds that the proposed development otherwise complies with the regulations of the Commercial Office zone. The Board finds that the connection to the trail will assist and promote an alternative mode of transportation. The Board finds that the provision of well -demarcated pedestrian walkways fosters pedestrian safety and encourages walkability, a goal of the Comprehensive Plan. Conclusions of Law: The Board concludes that the proposed exception meets the general review standards (14-6W-213) for special exceptions. The Board concludes that the closure of the northeasterly driveway and the close alignment of the property's driveway with the existing driveway across Broadway Street are done in the interest of traffic safety and relief from traffic congestion. The Board concludes that provision of sidewalks and connection to the Highway 6 Trail complies with the recommendations of the South District Plan. The Board concludes that well -demarcated walkways across the parking lot promote pedestrian safety. Disposition: By a vote of 4-0 (Keitel abstaining due to conflict of interest) the Board approves EXCO2-00023, a special exception to allow a restaurant in a Commercial Office zone at 1901 Broadway Street subject to the following conditions: 1. General conformance with the building and site plan submitted by the applicant, with the inclusion of a clearly demarcated pedestrian connection between the Highway 6 Trail and the building entrance; 2. dumpsters shall be located no closer than 50 feet to any window of any habitable or leasable structure on the subject property or neighboring property; 3. the northeast curb cut and driveway shall be closed; 4. no new driveways shall be permitted closer than 100 feet to the northeast property corner; 5. the new curb cut and driveway shall be located so there is a roughly 50 -percent overlap (see attached Opposing Driveways illustration) between it and the opposing driveway at 1902 Broadway Street; and 6. a standard 4 -foot -wide sidewalk shall be provided along Broadway Street with appropriate connections both from that sidewalk and from the Highway 6 Trail to the proposed structure. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authoAzed under the terms of the Board's decision. City Code Section 14-413-5E, City of Iowa Approved by: ity Aft ney' 1c 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 11th day of December, 2003, as the same appears of record in my Office. Dated at Iowa City, this // day of , 2002 T:\PCD\BOA FILESWd inions\dxision 2002.12.1 I.doc rna AWOI OT YIF,UT:1n KR3Ja YT13 Maria I -K. Karr, City Clerk CORPORATE SEAL