HomeMy WebLinkAbout2004 Board of Adjustment Decisions1
Doc ID: 015677250004 TYoe. GEN
FeeoAmt: $26.00/Peas 1t of1447.29 PM
Johnson County Iowa
Klmber1V A. Painter County Recorder
BK3685 PG26-29
FEE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the Iowa City
Board of Adjustment Decision attached was previously recorded on December 29, 2003, Book
3681, Page 949-951, and inadvertently omitted the City Clerk's file stamp.
Dated at Iowa City, Iowa, this 6th day of January 2004.
SEAL
7zi;� > -Al-J.
Mari K. Karr
City Clerk
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410 EAST WASHINGTON STREET • IOWA CITY, IOWA 53340-1826 • (319) 356-5000 • FAX (3 19) 356-5009
Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 12, 2003 – 5:00pm
EMMA J. HARVAT HALL
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Doc ID: 015677250004 TVDe: GEN
Recorded: 01/07/2004 at 01:47:29 PI
Fee Amt: $26.00 Pace 1 of 4
Johnson Countv Iowa
Kimberly A. Painter County Recorder
BK3685 PG26-29
1. EXC03-00014 Public Hearing regarding an application submitted by Dwight Dobberstein for
a special exception to reduce the side yard from 5 feet to 2 feet for property located in the
Neighborhood Conservation (RNC -12) zone located at 318 N. Linn.
Findings of Fact: The Board finds that the small size of this lot makes this a unique situation.
Because the property is located adjacent to an alley the reduction in side yard setback is
mitigated. The reduction will allow an addition to the house that will be compatible with its
historic form.
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. The Board concludes that granting this special exception will further the
historic preservation goals of the Comprehensive Plan.
Disposition: By a vote of 5-0 the Board approves EXC03-00014 a special exception to
reduce the side yard from 5 feet to 2 feet for property located in the Neighborhood
Conservation (RNC -12) zone located at 318 N. Linn subject to Historic Preservation staff
approval of any addition to the house.
2. EXC03-00015 Public Hearing regarding an application submitted by University View
Partners for a special exception to reduce the required front yard setback from 15 feet to 5
feet for an apartment building in the Central Business Service (CB -2) zone at 512 S.
Dubuque Street.
Findings of Fact: The Board finds that this property is unique in that it is the only one on this
block that requires a setback of 15 feet. The existing buildings on this block are setback
between 0 and 5 feet. The Board finds reduction of the front yard setback to 5 feet will allow
future buildings on this property to be consistent with the development pattern of this block.
The Board finds that allowing high-density development in this area is consistent with the
Comprehensive Plan goal of creating an urban neighborhood in the near south side.
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MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, Vincent Maurer
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MEMBERS ABSENT: Carol Alexander
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STAFF PRESENT: Sarah Holocek, Robert Miklo
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OTHERS PRESENT: Dave Brost, Lynn Bailey, Andrew Hall
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SPECIAL EXCEPTION ITEMS:
1. EXC03-00014 Public Hearing regarding an application submitted by Dwight Dobberstein for
a special exception to reduce the side yard from 5 feet to 2 feet for property located in the
Neighborhood Conservation (RNC -12) zone located at 318 N. Linn.
Findings of Fact: The Board finds that the small size of this lot makes this a unique situation.
Because the property is located adjacent to an alley the reduction in side yard setback is
mitigated. The reduction will allow an addition to the house that will be compatible with its
historic form.
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. The Board concludes that granting this special exception will further the
historic preservation goals of the Comprehensive Plan.
Disposition: By a vote of 5-0 the Board approves EXC03-00014 a special exception to
reduce the side yard from 5 feet to 2 feet for property located in the Neighborhood
Conservation (RNC -12) zone located at 318 N. Linn subject to Historic Preservation staff
approval of any addition to the house.
2. EXC03-00015 Public Hearing regarding an application submitted by University View
Partners for a special exception to reduce the required front yard setback from 15 feet to 5
feet for an apartment building in the Central Business Service (CB -2) zone at 512 S.
Dubuque Street.
Findings of Fact: The Board finds that this property is unique in that it is the only one on this
block that requires a setback of 15 feet. The existing buildings on this block are setback
between 0 and 5 feet. The Board finds reduction of the front yard setback to 5 feet will allow
future buildings on this property to be consistent with the development pattern of this block.
The Board finds that allowing high-density development in this area is consistent with the
Comprehensive Plan goal of creating an urban neighborhood in the near south side.
FEE
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. The Board concludes that granting this special exception will further the
goal of the Comprehensive Plan to create a high-density neighborhood in the near south
side.
O o
Disposition: By a vote of 5-0 the Board approves EXC03-00015 a special exceTliQ to
reduce the required front yard setback from 15 feet to 5 feet for an apartmentbuilding iNthe —1-1
Central Business Service (CB -2) zone at 512 S. Dubuque Street. - w -I--�-7
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3. EXC03-00016 Public Hearing regarding an application submitted by David Brost_Tx a = `--J
special exception to allow construction of a religious institution, a Church of CW tbf Lamer
Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Lowi9ensityw
Single -Family (RS -5) zone at 570 Dublin Drive. Cn
Findings of Fact: The Board finds that the specific standards regarding special exceptions
for religious institutions in an RS -5 zone have been met. The property is located on a
collector street with access to an arterial street, and minimum lot requirements are met.
General Standards for this item are met in that it will not be detrimental or endanger the
public health, safety and comfort. It will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property values
in the neighborhood. It will also not impede the normal and orderly development and
improvement of the surrounding property. It will not significantly alter the character of the
neighborhood provided that the parking lot is landscaped to minimize the appearance of
large paved areas. The ingress and egress issues are addressed with the two driveways on
Dublin Drive. The Board also finds that the Church has adequately demonstrated the need
for the requested parking spaces even though the number of parking spaces greatly
exceeds what is required by the zoning code.
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
provided adequate landscaping is planted to minimize the effects of large parking areas, 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 special exception is consistent
with the Comprehensive Plan of the City.
The Board concludes that the proposed exception meets the specific standards of Section
14-6L-10 for religious institutions in the Low Density Single -Family (RS -5) Zone. In
particular, the Board concludes that the property meets the standards regarding location on
a collector or arterial street and minimum lot area. The Board concludes that the reduction
of the front yard setback from 65 feet to 50 feet will allow the church building to sit forward of
the parking areas and therefore minimize the appearance of the parking areas from the
adjacent residential neighborhood.
Disposition: EXC03-00016 By a vote of 5-0 the Board approves a special exception to
allow construction of a religious institution, a Church of Christ of Latter Day Saints, and a
reduction of the front yard from 65 feet to 50 feet in the Low Density Single -Family (RS -5)
Zone at 570 Dublin Drive subject to general compliance with the submitted site plan;
provision of a landscape hedge to screen the parking areas from adjacent residential uses;
subject to staff approval of the placement of 2 or more additional landscape peninsulas
within the parking areas with trees being added to the landscape peninsulas; subject to the
installation of a sidewalk between Dublin Drive and West High School; and the term of the
special exception being for a period of 2 years.
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
authAzed under the terms of the Board's decision. City Code Section 14-413-5E, 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 11th day of December, 2003, as the
same appears of record in my Office. IS E AR
Dated at Iowa City, this // day of 2001
T:XPCDIBOA FILESWedsionsWedsion 200212.1 Ldo
M na an K. Karr, City Clerk
CORPORATE SEAL
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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
authAzed under the terms of the Board's decision. City Code Section 14-413-5E, 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 11th day of December, 2003, as the
same appears of record in my Office. IS E AR
Dated at Iowa City, this // day of 2001
T:XPCDIBOA FILESWedsionsWedsion 200212.1 Ldo
M na an K. Karr, City Clerk
CORPORATE SEAL
Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 12, 2003 — 5:OOpm
EMMA J. HARVAT HALL
Doo ID: 015: EN
Recorded: 12/29/20030at7Voe03:29:45 PM
Fee Amt: $21.00 Paas 1 of 3
Johnson Countv Iowa
KlmberlV A. Painter Cou Recorder
BK3681 PO 51
MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, Vincent Mau
MEMBERS ABSENT: Carol Alexander
STAFF PRESENT: Sarah Holocek, Robert Miklo
OTHERS PRESENT: Davb,Brost, Lynn Bailey, Andrew Hall
1. EXC03-00014 Public Hearin regarding an applicat' n submitted by Dwight Dobberstein for
a special exception to reduce t4e side yard from 5 eet to 2 feet for property located in the
Neighborhood Conservation (R C-12) zone locoed at 318 N. Linn.
Findings of Fact: The Board finds t t the s all size of this lot makes this a unique situation.
Because the property is located adja nt t)3 an alley the reduction in side yard setback is
mitigated. The reduction will allow an tion to the house that will be compatible with its
historic form.
Conclusions of Law: The Board co ludes at the proposed exception meets the specific
requirements of 14-60 46, which fates that a owner or lawful occupant of property must
demonstrate that such person's ituation is pe liar to the property in question and that
there is a practical difficulty in omplying with th dimensional requirements of the Zoning
Chapter. The Board conclud s that the general s cial exception standards (14 -6W -2B)
have been met. The Boar concludes that grantin his special exception will further the
historic preservation goal of the Comprehensive Pla .
Disposition: By a vot of 5-0 the Board approves E 03-00014 a special exception to
reduce the side ya from 5 feet to 2 feet for prop located in the Neighborhood
Conservation (RN 12) zone located at 318 N. Linn subs ct to Historic Preservation staff
approval of any a9rdition to the house.
2. EXC03-0001 Public Hearing regarding an application submitted V University View
Partners forfi special exception to reduce the required front yard s6tback from 15 feet to 5
feet for an partment building in the Central Business Service (CB-2one at 512 S.
Dubuque treet.
Findingg of Fact: The Board finds that this property is unique in that it is t only one on this
block at requires a setback of 15 feet. The existing buildings on this bloc are setback
betty en 0 and 5 feet. The Board finds reduction of the front yard setback to feet will allow
futur buildings on this property to be consistent with the development paftemNqf this block.
The Board finds that allowing high-density development in this area is consisten with the
Comprehensive Plan goal of creating an urban neighborhood in the near south si .
1 16
Conclusions of Law: The Board concludes that the proposed exception meets the specifi
requirements of 14 -6Q -4B, which states that the owner or lawful occup/propey �d monstrate that such person's situation is peculiar to the property in qatthe isa practical difficulty in complying with the dimensional requiremonin<Chap r. The Board concludes that the general special exception stan-2B)have b n met. The Board concludes that granting this special exceptr thegoal of t Comprehensive Plan to create a high-density neighborhoodsouth
side.
Disposition: N a vote of 5-0 the Board approves EXC03-00015 a Oecial exception to
reduce the req 'red front yard setback from 15 feet to 5 feet for 0 apartment building in the
Central Busines Service (CB -2) zone at 512 S. Dubuque Strept.
3. EXC03-00016 PubN Hearing regarding an application su itted by David Brost for a
special exception to d4ow construction of a religious insti tion, a Church of Christ of Latter
Day Saints, and a reduction of the front yard from 65 f t to 50 feet in the Low Density
Single -Family (RS -5) zo at 570 Dublin Drive.
Findings of Fact: The Boar finds
for religious institutions in a RS
collector street with access to r
General Standards for this item
public health, safety and comfort.
property in the immediate vicinity e
in the neighborhood. It will also
improvement of the surrounding t
neighborhood provided that the F
large paved areas. The ingress
Dublin Drive. The Board also f d:
for the requested parking s ace
that the spec' c standards regarding special exceptions
i zone hav been met. The property is located on a
arterials et, and minimum lot requirements are met.
e met i that it will not be detrimental or endanger the
will t be injurious to the use and enjoyment of other
i w' not substantially diminish or impair property values
no impede the normal and orderly development and
e . It will not significantly alter the character of the
rking t is landscaped to minimize the appearance of
I egress ' sues are addressed with the two driveways on
that the urch has adequately demonstrated the need
even tho h the number of parking spaces greatly
exceeds what is required by/e zoning code.
Conclusions of Law: Th Board concludes that the pro osE
special exception sta ards of Section 14 -6W -2B. In pa 'c
provided adequate I dscaping is planted to minimize the
proposed exceptio will not be detrimental to or endanger I
or general welfar and will not be injurious to the use and e
the neighborhogd. The Board concludes that the proposed
with the Compy6hensive Plan of the City.
exception meets the general
ir, the Board concludes that
acts of large parking areas, the
public health, safety, comfort
"Tent of other properties in
ie4l
exception is consistent
The Board ncludes that the proposed exception meets the speci c standards of Section
14-6L-10 or religious institutions in the Low Density Singl%a (RS -5) Zone. In
particular the Board concludes that the property meets the standards garding location on
a collet r or arterial street and minimum lot area. The Board conclude that the reduction
of the ont yard setback from 65 feet to 50 feet will allow the church buildin to sit forward of
the p rking areas and therefore minimize the appearance of the parking reas from the
adj ent residential neighborhood.
D s osition: EXC03-00016 By a vote of 5-0 the Board approves a special exce ion to
allow construction of a religious institution, a Church of Christ of Latter Day Saints and
reduction of the front yard from 65 feet to 50 feet in the Low Density Single -Family (RS -5)
Zone at 570 Dublin Drive subject to general compliance with the submitted site plan;
provision of a landscape hedge to screen the parking areas from adjacent residential uses;
subject to staff approval of the placement of 2 or more additional landscape peninsulas
within the parking areas with trees being added to the landscape peninsulas; subject to the
installation of a sidewalk between Dublin Drive and West High School; and the term of the
special exception being for a period of 2 years.
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
authq4ed under the terms of the Board's decision. City Code Section 14-413-5E, City of Iowa
STATE OF IOWA )
JOHNSON COUNTY
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 11th day of December, 2002, as the
same appears of record in my Office.
Dated at Iowa City, this // day of 200-2
T.\PCD\BOA FILES\dmisionsWedsion 2002.12.1 I.dm
Maria . Karr, City Clerk
CORPORATE SEAL
Prepared by Amanda Cline, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
FII FD
DECISION 20 4FEB 12 AM 10:44
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, DECEMBER 10 — 5 P.M. CIT`( CLERIC
EMMA J. HARVAT HALL IOWA CWIOWA
MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, Vincent Maurer, Carol Alexander -Fee
MEMBERS ABSENT: None. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 016384680003 TVDe: GEN
STAFF PRESENT: Sarah Holecek, Bob Miklo Recorded: 02/17/2004 at 08:38:25 AM
Fee Amt: 821.00 Pace 1 of 3
Johnson county Iowa
OTHERS PRESENT: Kimberly A. Painter countv Recorder
aK3696 PG585-587
SPECIAL EXCEPTION ITEMS:
EXC03-00018 — Public hearing regarding an application submitted by U.S. Cellular for a
special exception to allow a utility substation facility, specifically telecommunications
equipment shed, on the rooftop of Mercy Hospital in the Commercial Office (CO -1) Zone, at
500 Market Street.
Findings of Fact: The Board finds that the utility substation on the roof of Mercy hospital will
be similar in color and appearance with the rest of. -the structure and generally compatible.
The Board finds the shed will not alter the land'use of the property. The Board finds that the
shed will not prevent the orderly development of adjacent properties. The Board finds the
general special exception standards are met. The Board finds that the proposed use
conforms to the requirements for utility substations in the Commercial Office (CO -1) 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 special exception is
consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 5-0 the Board approves EXC03-00018, a special exception to allow
a utility substation facility on the rooftop of i iercy Hospital in the Commercial Office (CO -1)
zone, at 500 Market Street.
2. EXC03-00019 — Public hearing regarding an application submitted by the School for the
Performing Arts, for a special exception to allow a school of specialized instruction,
specifically a music and acting school, for property in the Central Business Service (CB -2)
zone, at 209 North Linn Street.
Findings of Fact: The Board finds that the school will not impact surrounding land uses. The
Board finds that the proposed use is similar to the current use; the existing space was
designed for music lessons and group classes. The Board finds that the school will add to
the mix of businesses in the Near Northside commercial district. The Board finds that the
public parking in the rear is adequate to serve the anticipated needs of the school. The
Board finds that the loading and unloading of students from the adjacent alley and public
parking spaces will not impede the movement of traffic in the area. The Board finds that the
general special exception standards have been met. The Board finds that the proposed use
conforms to the requirements for schools in the Commercial Business Service (CB -2) zone.
Conclusions of Law: The Board concludes that the proposed special 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 special
exception is consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 5-0 the Board approves EXC03-00019, a special exception to allow
a school of specialized instruction for the property in the Central Business Service (CB -2)
zone, at 209 North Linn Street.
3. EXC03-00020 — Public hearing regarding an application submitted by Jason Tjarks for a
special exception to allow expansion of a commercial recreational use, specifically to allow a
laser tag arena, for property in the Community Commercial (CC -2) zone, at 1605 Sycamore
Street (Sycamore Mall).
Findings of Fact: The Board finds the use would be compatible with the other retail
businesses in the mall. The Board finds the use will not have a great effect on the
surrounding properties of the residential zone near the mall. The Board finds the general
special exception standards have been met. The Board finds that the proposed use
conforms to the requirements for commercial recreational use in the Community Commercial
(CC -2) zone.
Conclusions of Law: The Board concludes that the proposed special 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 special
exception is consistent with the Comprehensive Plan of the City.
Disposition: By a vote of &0 the Board approves EXC03-00020, a special exception to allow
-expansion of a commercial recreational use for property in the Community Commercial (CC -2)
zone, at 1605 Sycamore Street (Sycamore Mall).
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 14-413-5E, City of Iowa
City, Iowa.
Loi xilo VIVO
Dennis Keitel, Vi e C airperso )"Cl -I I(' 't110
41 :016iv Z I OIJ'iGH
C l H
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 10th day of December, 2003, as the
same appears of record in my Office.
Dated at Iowa City, this I$X day of i'98¢v.A2u , 200,E
Marian K. Karr, City Clerk
CORPORATE , t SEAL
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APPEAL ITEM
APL04-00002 Public hearing regarding an appeal submitted by Steve L. Droll of a decision of
the Senior Housing Inspector regarding the maximum occupancy or number of roomers
permitted at 428 E. Jefferson Street in the Residential/Office R/O zone.
Findings of Fact: The Board finds that based on the information presented in the staff report and
at the public hearing:
The Housing Inspector's determination that occupancy at 428 E. Jefferson is limited to two
families and no roomers was not in error given the evidence, facts and applicable law.
The property is a non -conforming use with regards to density because duplexes are required to
have a minimum of 3600 square of lot area in the Residential/Office zone while 428 E. Jefferson
Street has only 3,320 square feet of lot area.
This property is non -conforming in regards to parking spaces in that 4 parking spaces are
required for a duplex and only 1 parking space is provided on the property.
Roomers are a provisional use in the Residential/Office (R/O) zone.
Although roomers may have existed at this property for several years, the applicant has failed to
provide sufficient evidence that the provisional use of a roomer was ever legally established on
this property, as the property has been non -conforming with regard to lot area, density and
parking under current and previous zoning designations.
Allowing roomers would constitute an expansion of a non -conforming use that does not comply
with lot area, density and parking requirements currently in effect and that were in effect on this
property historically.
Conclusions of Law: The Board concludes that the Senior Housing Inspector was not in error
and under the facts has correctly applied Section 14-6T-2 A, Regulation of Non -Conforming
Uses, General Provisions and Restrictions, Continuance of Unlawful Uses, which states,
Doc ID: 017352540003 Tvoe: GEN
Recorded: 04/01/2004 at 02:26:43 PM
Fee Amt: $21.00 Peas 1 of 3
Johnson Countv Iowa
Kimberly A. Painter Countv Recorder
Rw_i7l _q onA77A70
Prepared by Robert Miklo, Senior Planner, 410 E.
Washington, Iowa City, IA 52240; 319/3, 6-
5230
r
DECISION
> a
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, March 10, 2004 — 5 P.M.
EMMA J. HARVAT HALL
??
MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Maurer, Mic$&l
Wright
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MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Holecek, Robert Miklo,
Norm Cate
OTHERS PRESENT: Joe Holland, Mike Haverkamp, Lowell Brandt, Helen Burford, Jay Berry
and T.J. Brandt
APPEAL ITEM
APL04-00002 Public hearing regarding an appeal submitted by Steve L. Droll of a decision of
the Senior Housing Inspector regarding the maximum occupancy or number of roomers
permitted at 428 E. Jefferson Street in the Residential/Office R/O zone.
Findings of Fact: The Board finds that based on the information presented in the staff report and
at the public hearing:
The Housing Inspector's determination that occupancy at 428 E. Jefferson is limited to two
families and no roomers was not in error given the evidence, facts and applicable law.
The property is a non -conforming use with regards to density because duplexes are required to
have a minimum of 3600 square of lot area in the Residential/Office zone while 428 E. Jefferson
Street has only 3,320 square feet of lot area.
This property is non -conforming in regards to parking spaces in that 4 parking spaces are
required for a duplex and only 1 parking space is provided on the property.
Roomers are a provisional use in the Residential/Office (R/O) zone.
Although roomers may have existed at this property for several years, the applicant has failed to
provide sufficient evidence that the provisional use of a roomer was ever legally established on
this property, as the property has been non -conforming with regard to lot area, density and
parking under current and previous zoning designations.
Allowing roomers would constitute an expansion of a non -conforming use that does not comply
with lot area, density and parking requirements currently in effect and that were in effect on this
property historically.
Conclusions of Law: The Board concludes that the Senior Housing Inspector was not in error
and under the facts has correctly applied Section 14-6T-2 A, Regulation of Non -Conforming
Uses, General Provisions and Restrictions, Continuance of Unlawful Uses, which states,
Doc ID: 017352540003 Tvoe: GEN
Recorded: 04/01/2004 at 02:26:43 PM
Fee Amt: $21.00 Peas 1 of 3
Johnson Countv Iowa
Kimberly A. Painter Countv Recorder
Rw_i7l _q onA77A70
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"Nothing in this Chapter shall be interpreted as authorization for the continuance of the use of a
structure or land established unlawfully in violation of the zoning regulations in effect prior to the
effective date hereof."
Under the facts, the Inspector also has correctly applied Section 14-6T-3 A, Regulation of Non -
Conforming Uses, Enlargement or Alteration, which states, "No nonconforming use shall be
enlarged nor shall a structure for a nonconforming use be constructed, reconstructed,
structurally altered or relocated on the lot." In making his decision the Inspector correctly relied
upon Section 14-6B-2, Zoning Definitions, which defines enlargement as, "an increase in
volume of a building, an increase in the area of land or building occupied by a use or an
increase in the number of occupants or dwelling units." Allowing the establishment of rp9mers
on this property would constitute an illegal enlargement of a nonconforming use.-
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Disposition: By a vote of 4-1 (Keitel voting no) the Board upholds the decision ik'lhe�senior«
Housing Inspector regarding the number of occupants or number of roomers legally permitted a--
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428 E. Jefferson Street and denies the appeal submitted by Steve L. Droll.
SPECIAL EXCEPTION ITEM:
EXC04-00002 Public hearing regarding an application submitted by Regina Catfolic Education
Center for a special exception to permit expansion of a religious institution, specifically a school,
for property located in the Low -Density Single -Family (RS -5) zone at 2140 Rochester Avenue.
Findings of Fact: The Board finds that the Regina property has access to Rochester Avenue, an
arterial street. Although traffic congestion has been reported in this neighborhood, the proposed
additions are designed to serve the existing enrollment of the school and are not likely to result
in an increase in traffic.
The Board finds that this property contains 41.21 acres, and that the proposed one story 12' tall
addition will be setback at least 24' from the property line and that the two story addition will be
setback well over 100' from the property line.
The Board finds that drainage is a concern in this neighborhood and to address this concern,
designs must direct drainage away from adjacent property and into Ralston Creek.
The Board finds that a complete emergency vehicle access road is not proposed around the
building and therefore an alternative fire safety plan must be approved by the Fire Marshall prior
to the issuance of a building permit.
Conclusions of Law: The Board concludes the proposed special exception meets the specific
requirements for a religious institution listed in Section 14-6L-1 O, including access to a collector
or arterial street, minimum lot area of 40,000 square feet and a minimum yard of 2' for every
foot of building height. 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 provided that drainage will be directed away from adjacent property and to
Ralston Creek. The Board concludes that provided an emergency access road or an alternative
fire safety plan is approved by the Fire Marshall, the expansion of Regina School will comply
with applicable City codes.
Disposition: By a vote of 5-0 the Board approves EXC04-00002 an application submitted by
Regina Catholic Education Center for a special exception to permit expansion of a religious
institution, specifically a school, for property located in the Low -Density Single -Family (RS -5)
zone at 2140 Rochester Avenue subject to 1) drainage being directed away from adjacent
property and to Ralston Creek and 2) an emergency access road or an alternative fire safety
plan being approved by the Fire Marshall prior to the issuance of a building permit.
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 14-413-5E, City of Iowa
City, Iowa.
\ Approved by:
Dennis Keitel, Ch person �
3.31
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 10th day of March, 2004, as the
same appears of record in my Office.
Dated at Iowa City, this day of 2?/ A _ r J —, 2004
CORPORATE SEAL Mari.City Clerk
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Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240, 31 913 56-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 14, 2004 – 5:00 PM
EMMA J. HAVART HALL
MEMBERS PRESENT: Karen Leigh, Carol Alexander, Michael Wright,
Dennis Keitel
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 018021800003 Tvoe: GEN
Recorded: 05/19/2004 at 02:08:45 PI1
Fee Amt: $21.00 Pace 1 of 3
Johnson Countv Iowa
Kimberly A. Painter Countv Recorder
BK3736 PG177-179
MEMBERS ABSENT: Vincent Maurer
STAFF PRESENT: Robert Miklo, Karen Howard, Mitch Behr, Sarah Holecek
OTHERS PRESENT: Duane Brenneman, Mark Russo, Allan Berger, Ralph Staffer, Xabk
Lester, Sue Nelson, Jennifer Brown, Jenn Berger, John Roftn o
SPECIAL EXCEPTION ITEMS:
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1. EXC04-00004– Public hearing regarding an application submitted by Duane ere`nrinarr'Ean
behalf of The Church in Iowa City for a special exception to allow a Religious In in 8e
Commercial Office Zone (CO -1) at 2040 Keokuk Street.
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Findings of Fact: The Board finds that the special exception has met all General Standards
and the existing property conforms to the application regulations and standards. The Board
finds that the special exception will not be injurious to the use and enjoyment of property in
the area, and will not impeded normal and orderly development and improvement of the
surrounding property. The Board finds that there will be adequate utilities, access roads,
drainage, and there are no difficulties with ingress or egress.
Conclusions of Law: The Board concludes that the proposed exception meets the general
special exception standards of Section 14 -6W -2B. The Board concludes that the proposed
exceptions will not be detrimental to public health, safety, comfort, or welfare, and will not be
injurious to the use and enjoyment of other properties in the neighborhood. The Board
concludes that the proposed exception is consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 3-0 the Board approves EXC04-00004, a special exception to allow
a religious institution in the Commercial Office Zone (CO -1) at 2040 Keokuk Street.
2. EXC04-00008- Public hearing regarding an application submitted by Mark and Diana Russo for
a special exception to reduce the front setback from 20 feet to 12 feet for a distance of 12 feet,
measured from the southeast corner of the church, for the addition of a screened -porch to the
historic building located at 614 Clark Street, subject to the approval of the porch construction
drawings by the Historic Preservation Commission.
Findings of Fact: The Board finds that the special exception would not be detrimental to the
property in question; the stipulations of the guidelines for a yard modification have been met.
The Board finds that the special exception is a unique situation, and there did not seem to be
any feasible alternatives in lieu of the special exception. The Board finds that the special
exception would not alter the appearance of this lot when compared to other lots in the
neighborhood. The Board finds that the special exception represents a substantial
investment in the neighborhood.
Conclusions of Law: The Board concludes that the proposed exception meets the general
special exception standards of Section 14 -6W -2B. The Board concludes that the proposed
exceptions will not be detrimental to public health, safety, comfort, or welfare, and will not be
injurious to the use and enjoyment of other properties in the neighborhood. The Board
concludes that the proposed exception is consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 4-0 the Board approves EX04-00008, a special exception to reduce
the front setback from 20 to 14 feet for the addition of a screened -porch to the historic church
building at 614 Clark Street.
APPEAL ITEMS:
1. AP04-00003- Public hearing regarding an appeal submitted by Allan L. Berger of the written
interpretation issued by the Iowa City Zoning Code Interpretation Panel on March 1, 2004
regarding animal clinics in the Highway Commercial Zone (CH -1) and of an appeal of the
City's interpretation that the term "auto- and truck -oriented use" does not include a small
animal clinic or an emergency veterinary establishment.
Findings of Fact: The Board finds that the language in the Zoning Ordinance, the
structure of the Zoning Ordinance, and the legislative record and intent of the Zoning
Ordinance provide convincing evidence that small animal clinics are not a use that is
allowed as a special exception through the reference to office uses in the Commercial
Office (CO -1) Zone. The Board finds that it is not correct to assume that small animal
clinics are allowed in the Highway Commercial (CH -1) Zone, just because they are
allowed as special exceptions in the CO -1 Zone. The Board also finds that a small animal
clinic cannot be defined as an auto and truck -oriented use, because it is not the kind of
"in and out" use that caters to persons in their vehicles, nor is it a use that caters to the
repair and servicing of vehicles, which are the types of uses clearly anticipated by the
definition of "auto- and truck -oriented use" in the Iowa City Zoning Ordinance.
Conclusions of Law: The Board concludes that the appellant has failed to provide
convincing evidence that the Zoning Code Interpretation Panel made an error in
interpreting the Iowa City Zoning Ordinance with regard to whether small animal clinics
are allowed in the Highway Commercial (CH -1) Zone. The determination that small
animal clinics are not allowed in the Highway Commercial (CH -1) zone is reasonable
and supported by substantial evidence. Based on substantial evidence and its factual
findings, the Board also concludes that the Zoning Official did not err in determining that
the definition of "auto- and truck -oriented uses", as used and implemented in the Iowa
City Zoning Code, does not contemplate or include small animal clinics or emergency
veterinary establishments as a type of use covered by the definition.
Disposition: By a vote of 0-4 the Board denies AP04-00003, an appeal submitted by Allan
L. Berger of the written interpretation issued by the Iowa City Zoning Code Interpretation
Panel on March 1, 2004 finding that small animal clinics are not allowed in the Highway
Commercial Zone (CH -1) and an appeal of the Zoning Official's interpretation that the
term "auto- and truck -oriented use" does not apply to small animal clinics or emergency
veterinary establishments. _
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VARIANCE ITEMS: D
1. VAR04-00001- Public hearing regarding an application submitted by John Rof`O?n forts
variance from the zoning ordinance to allow 4 roomers (a total of 6 unrelated occuwarrts) in a m
High -Density Zone (RM -44) at 622 S. Johnson Street.
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Findings of Fact: The applicant has failed to present any relevant evidence in support of tlw
requested variance. The Board finds that there are no overall mitigating circumstances to
allow the granting of the variance. The applicant has not demonstrated that the application of
the law results in an unnecessary hardship for this property. A variance in this case would
grant the applicant special privileges not enjoyed by other property owners in the area. The
Board finds that the property does not meet the tests for granting a variance.
Conclusions of Law: The Board concludes that the proposed variance does not meet the
general variance standards of Section 14 -6W -2C. The Board concludes that the proposed
variance will be detrimental to the public health, safety, comfort, or welfare, and will be
injurious to the use and enjoyment of other properties in the neighborhood. The Board
concludes that the proposed variance is not consistent with the Comprehensive Plan of the
City.
Disposition: By a vote of 0-4 the Board denies the appeal regarding the variance from the
zoning ordinance to allow 4 roomers in a High -Density Zone (RM -44) at 622 S. Johnson
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 deci4on. City Code Section 14 -4B -5E, City of Iowa City, Iowa.
STATE OF IOWA
JOHNSON COUNTY
�.•RMe? i
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 April, 2004, as the same
appears of record in my Office.
Dated at Iowa City, this 0 day of 2004
N
Maria . Karr, City Clerk _� _ 71
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CORPORATE SEAL a'
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Doc ID: 018598550002 TVDe; •GEN
Recorded: 06/14/2004 at 02:37:02 Pr
Fee Amt: $16.00 Paqe 1 of 2
KlmberlvCA. Painter County Recorder
DECISION BK3748 PG782-78(3
IOWA CITY BOARD OF ADJUSTMENT r ��
WEDNESDAY, FEBRUARY 11, 2004 — 5:00 PM
EMMA J. HAVART HALL
MEMBERS PRESENT: Carol Alexander Dennis Keitel, Michael Wright, Karen Leigh
EXC04-00001 — Public hearing regarding an application submitted by Iowa State
Bank and Trust Company for a special exception to permit an auto and truck -oriented
use, a drive-in bank, and to allow parking on a separate lot for property located in the
Community Commercial (CC -2) Zone, at 1906 Keokuk Street.
Findings of Fact: The Board finds that the special exception will improve traffic
circulation in the area due to the closing of the frontage road and the relocation of the
driveway for the existing bank. The Board finds that the enjoyment and orderly
development of surrounding property will not be impeded. The Board finds that there
will be adequate utilities, access roads, and drainage will be provided. The Board
finds that the requirements for parking on a separate lot are met. The Board finds
that the general special exception standards are met. The Board finds that the
proposed use conforms to the requirements for auto and truck -oriented uses, a drive-
in bank, and parking in a separate lot in the Commercial Office (CO -1) Zone.
Conclusions of Law: The Board concluded that the proposed exceptions meet the
general special exception standards of Section 14 -6W -2B. The Board concludes
that the proposed exceptions will not be detrimental to public health, safety, comfort,
or welfare, and will not be injurious to the use and enjoyment of other properties in
the neighborhood. The Board concludes that the proposed exceptions are
consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 4-0 the Board approves EXC04-00001, a special exception
for an auto and truck -oriented use, a drive-through bank, and a special exception to
allow parking on a separate lot in a Community Commercial (CO -1) Zone, at 1906
Keokuk 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
=1
MEMBERS ABSENT: Vincent Maurer
STAFF PRESENT: Robert Miklo, Mitch Behr
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OTHERS PRESENT: Steve Robrbach
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SPECIAL EXCEPTION ITEM:
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EXC04-00001 — Public hearing regarding an application submitted by Iowa State
Bank and Trust Company for a special exception to permit an auto and truck -oriented
use, a drive-in bank, and to allow parking on a separate lot for property located in the
Community Commercial (CC -2) Zone, at 1906 Keokuk Street.
Findings of Fact: The Board finds that the special exception will improve traffic
circulation in the area due to the closing of the frontage road and the relocation of the
driveway for the existing bank. The Board finds that the enjoyment and orderly
development of surrounding property will not be impeded. The Board finds that there
will be adequate utilities, access roads, and drainage will be provided. The Board
finds that the requirements for parking on a separate lot are met. The Board finds
that the general special exception standards are met. The Board finds that the
proposed use conforms to the requirements for auto and truck -oriented uses, a drive-
in bank, and parking in a separate lot in the Commercial Office (CO -1) Zone.
Conclusions of Law: The Board concluded that the proposed exceptions meet the
general special exception standards of Section 14 -6W -2B. The Board concludes
that the proposed exceptions will not be detrimental to public health, safety, comfort,
or welfare, and will not be injurious to the use and enjoyment of other properties in
the neighborhood. The Board concludes that the proposed exceptions are
consistent with the Comprehensive Plan of the City.
Disposition: By a vote of 4-0 the Board approves EXC04-00001, a special exception
for an auto and truck -oriented use, a drive-through bank, and a special exception to
allow parking on a separate lot in a Community Commercial (CO -1) Zone, at 1906
Keokuk 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
=1
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construct the improvement authorized under the terms of the Board's decision. City
Code Section 14 -4B -5E, City of Iowa City, Iowa.
Dennis Keitel, Chairperson
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
February, 2004, as the same appears of record in my Office.
Dated at Iowa City, this /O day of 2004
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Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319.356.5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 9, 2004 – 5:00 PM
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EMMA J. HAVART HALLD
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MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Maurer(-)
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Michael Wright
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MEMBERS ABSENT: None
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STAFF PRESENT: Tokey Boswell, Sarah Holecek, Robert Miklo
STAFF
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OTHERS PRESENT: G. Rodney Alberhasky, Alan Boettcher, Michael J.
Pugh, BJ Wagner
SPECIAL EXCEPTION ITEMS:
1. EXC04-00009– Public hearing regarding an application submitted by Alan Boettcher for a
special exception to allow the re-establishment of two lots of record to permit construction of a
single-family house in the Low Density Single -Family Residential (RS -5) zone at 1002 Friendly
Avenue.
Findings of Fact: The Board finds that the proposed lots will be the same size as a number of
other lots in the neighborhood (50'X150'). The Board finds that the proposed infill house will
be similar in size to the existing houses in the area and will not detract from the general
appearance of the neighborhood. The Board finds that like most of the lots in this
neighborhood which have alley access, the new lot will provide parking in the driveway or the
garage that will be accessed from the alley. Except for lot area and lot width, the Board finds
that the development of these lots will conform to the minimum set backs and other
dimensional requirements of the zoning code. The Board finds that most of the houses in this
neighborhood are set back approximately 20' from the street right-of-way and a maximum set
back of 25' is necessary to make any new development consistent with the neighborhood.
The Board finds that, with the proposed conditions, the special exception meets all General
Standards and the existing property conforms to the application regulations and standards.
Conclusions of Law: The Board concludes that with conditions the proposed exception meets
the general special exception standards of Section 14 -6W -2B. The Board concludes that the
proposed exceptions will not be detrimental to public health, safety, comfort, or welfare, will
not be injurious to the use and enjoyment of other properties in the neighborhood, and will not
impede normal and orderly development and improvement of the surrounding property. The
Board concludes that there will be adequate utilities, access roads, drainage, and there are
no difficulties with ingress or egress.
The Board concludes that the proposed exception meets the specific standards of Section
14 -6T -5D, regarding the re-establishment of nonconforming lots of record. Each lot will be
restricted to one single-family home and the development will be compatible and appropriate
for the neighborhood provided conditions regarding building design, maximum set back and
vehicular access from the alley are adhered to.
The Board concludes that the proposed exception is consistent with the Comprehensive Plan
of the City.
Disposition: By a vote of 5-0 the Board approves EXC04-00009, a special exception to allow
the re-establishment of two lots of record to permit construction of a single-family house in
the Low Density Single -Family Residential (RS -5) zone aat�� 1002 Friendly Avenue, subject to
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the following conditions: Yom' IIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 019042410003 TVDe: GEN
Recorded: 07/06/2004 at 03:48:52 PM
Fee Amt: $17.00 Pace 1 of 3
Johnson Countv Iowa
Kimberly A. Painter Countv Recorder
3761 PG542-544
1) Any single-family dwelling constructed on the lot shall substantially conform to the
attached plans provided by the applicant in association with the application, or in the
event that alternative plans are submitted, such plans are subject to review and
approval by the Director of Planning and Community Development to ensure
development that is appropriate and compatible with the surrounding neighborhood;
and
2) Front setback shall be a maximum of 25 feet; and
3) Vehicular access to the two lots shall be restricted to the alley north of Friendly Avenue
and no driveways shall be permitted onto Friendly Avenue.
2. EXC04-00010- Public hearing regarding an application submitted by G. Rodney Alberhasky for
a special exception to permit the reduction of the required rear yard from 20 feet to 15 feet in the
Low Density Single -Family (RS -5) zone at 604 Eastmoor Drive.
Findings of Fact: The Board finds that the home at 604 Eastmoor is unique for this
neighborhood both in its orientation to the street and in its placement on the lot at an angle,
and this uniqueness results in practical difficulty in locating an addition. The Board finds that
the special exception does not substantially increase the footprint of the house, and that the
exception is minimal in relation to the yard area required by the Zoning Ordinance. The
Board finds that there are no reasonably feasible alternatives to the grant of the special
exception that accommodate an addition. The Board finds that the special exception has met
all General Standards and the existing property conforms to the application regulations and
standards.
Conclusions of Law: The Board concludes that the proposed exception meets the general
special exception standards of Section 14 -6W -2B. The Board concludes that the proposed
exceptions will not be detrimental to public health, safety, comfort, or welfare, will not be
injurious to the use and enjoyment of other properties in the neighborhood, and will not
impede normal and orderly development and improvement of the surrounding property.
The Board concludes that the proposed exception meets the specific standards of Section
14 -6Q -4B regarding the modification of yard requirements. The Board concludes that the
unique situation, practical difficulty and lack of reasonable alternatives in complying with the
dimensional requirements justify the grant of a special exception.
The Board concludes that the proposed exception is consistent with the Comprehensive Plan
of the City.
Disposition: By a vote of 5-0 the Board approves EX04-00010, a special exception to pefmit
the reduction of the required rear yard from 20 feet to 15 feet in the Low Density Sin§@ -
Family (RS -5) zone at 604 Eastmoor Drive. Z n
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TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action,lhall expdre
six (6) months from the date they were filed with the City Clerk, unless the Applicant shall havdP
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 14-413-5E, City of Iowa City, Iowa.
;�� et.
Dennis Keitel, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approved by:
City Attorneys Office 7 /-Z/&
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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 9'" day of June, 2004, as the same
appears of record in my Office.
Dated at Iowa City, this c� day of , 2004
Mari K. Karr, City Clerk
CORPORATE SEAL
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Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 522
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 14 — 5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: Carol Alexander, Karen Leigh,
MEMBERS ABSENT: Dennis Keitel.
Doc ID: 019120690003 TVDe: GEN
Recorded: 08/04/2004 at 01:03:51 PM
Fee Amt: $17.00 Peas 1 of 3
Johnson Countv Iowa
Kimberly A. Painter Countv Recorder
SK3/ 7► PG22/-229
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Vincent Maurer and Michae�l(U%ight
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STAFF PRESENT: Sarah Holecek, Robert Miklo and Tokey Boswell %� N
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SPECIAL EXCEPTION ITEMS: C)
EXC04-00014 Public hearing on an application submitted by Englert Civic Theatre, Inc. for a
special exception to permit a historic sign that does not conform to the sign code (an
animated lighted sign that also exceeds size limits) in the Central Business (CB -10) zone
located at 221 E. Washington Street.
Findings of Fact: The Board finds the Englert Theater is listed on the National Register of
Historic Places and therefore the Englert sign is considered a historic sign. The Board finds
that the Englert sign in non -conforming: it is an animated lighted sign that also exceeds
current size limits. The Board finds that the Historic Preservation Commission has reviewed
the proposed restoration of the Englert sign and the Commission has found that the sign is
in keeping with the architectural character of the structure and is appropriate to a particular
period of the Englert's history and is an integral part of its identity.
Conclusions of Law: The Board concludes the standards necessary for continuation of
historic signs have been met. The Englert sign is not detrimental to nor will it endanger
public health, safety, comfort, or general welfare. The sign will not be injurious to the use or
enjoyment of other properties in the immediate vicinity. The Board concludes that given its
location on a one-way street where traffic moves slowly, distraction to motorists will be
minimal. The Board concludes that restoration of the Englert sign will contribute to the
economic vitality of downtown Iowa City. Addtionally, Restoration of the sign is consistent
with the comprehensive plan goals for the preservation of the city's historic buildings.
Disposition: By a vote of 4-0 the Board approves EXC04-00014, an application for a special
exception to permit a historic Englert Theater sign, which is a nonconforming sign, be
approved subject to issuance of a license agreement for temporary use of the right-of-way
by the City Engineer.
2. EXC04-00016 Public hearing on an application submitted by Shelter House for a special
exception to permit transient housing in the Intensive Commercial (CI -1) zone located at the
southeast corner of the intersection of Southgate Avenue and Waterfront Drive.
Findings of Fact: The Board finds that the CI -1 zone requires 200 square feet of lot area per
temporary resident and that the property at 429 Southgate Avenue contains 29,000 square
feet - more than enough lot area to allow the 70 temporary residents proposed by Shelter
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House. The Board finds that the site plan submitted by Shelter House provides for
evergreen landscaping on the Shelter House property to buffer the occupants of Shelter
House from potentially intensive commercial uses that may locate on the adjacent property
as permitted uses in the CI -1 zone. The Board finds that the 30 -foot set back from the south
property line and an 8 -foot tall privacy fence will provide a transition from the proposed two-
story Shelter House to the one-story manufactured housing units located to the south. The
Board finds that the site plan demonstrates compliance with parking requirements,
dimensional standards and other zoning codes. The Board finds that other human service
agencies are located in to the west and north of the Shelter House property and therefore
this is an appropriate, supportive location. Further, the Comprehensive Plan's social
services vision statement recognizes the community need to support human services such
as Shelter House. The Board finds that the overall public health, safety and welfare are at
greater risk when the community fails to provide necessary services when the need for such
services has been demonstrated.
Conclusions of Law: Based on the evidence presented, the Board concludes that Shelter
House meets the specific zoning requirements for transient housing in the CI -1 zone. The
Board concludes that the location is appropriate, as other human service agencies located
in the area are compatible with and complimentary to the services provided by Shelter
House. The Board concludes that the property has adequate drainage, utilities, public
transportation and streets necessary for transient housing. The Board concludes that
developing the Shelter House at this location will not be detrimental overall to the public
health, safety, comfort or general welfare. The Board concludes that Shelter House will not
be injurious to the use and enjoyment of other properties and will not interfere with normal
orderly development and improvement of surrounding property in the area.
Disposition: By a vote of 3-1 (Maurer voting no) the Board approves EXC04-00016 an
application submitted by Shelter House for a special exception to permit transient housing in
the Intensive Commercial (CI -1) zone located at 429 Southgate Avenue subject to general
compliance with the submitted site plan including a landscape buffer being provided along
the east property line, an 8 -foot tall privacy fence being provided along the south property
line and compliance with the exterior stairwell guidelines.
3. EXC04-00017 Public hearing on an application submitted by Cynthia Parsons for a special
exception to reduce the front yards from 20 feet to 17 feet, and to allow a common driveway
to be located partially on a separate lot for properties located in the Medium Density Single -
Family (RS -8) zone located at 1128 and 1130 E. Washington Street.
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Findings of Fact: The Board finds that the requested front setback is consiie t with the
neighborhood average, and that there is a unique situation that justifiesiMretaced
setback. The Board finds that the shared driveway is justified by the neighborhood d€sign.'n
The Board finds that the exceptions granted are minimal in proportion -oto; thet,yarcf=
requirements, and that the final drawings and site plan include provisions tonimizq they
scale and coverage of the development to minimize neighborhood impact. �T = U
ry
Conclusions of Law: The Board concludes that the property at 1128 and 1139 East
Washington Street meets the zoning requirements for duplexes in the RS -8 zoneF) The
Board concludes that both a unique situation and a practical difficulty do exist for the
property in question. The Board concludes that the development will not be detrimental
overall to the public health, safety, comfort or general welfare, nor be'injurious to the use
and enjoyment of other properties, nor interfere with orderly development and improvement
of properties in the area.
Disposition: By a vote of 4-0, the Board approves EXC04-00017 an application submitted by
Cynthia Parsons for a special exception to reduce the front yards from 20 feet to 17 feet,
and to allow a common driveway to be located partially on a separate lot for properties
located in the Medium Density Single -Family (RS -8) zone located at 1128 and 1130 E.
Washington Street, subject to 1) submission to and approval by the City Attorney, of a
covenant providing for the perpetual maintenance of the shared driveway; and 2)
submission of and approval by the Director of Planning, an elevation drawing and site plan
which indicate the nature of exterior elements of the proposed buildings and the design of
the parking areas, and general adherence to these documents during construction. The
Board conditionally approves this item for one year.
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 � der the terms of the Board's decision. City Code Section 14-46-5E, City of Iowa
City, Iowa. II I
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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 14th day of July, 2004, as the same
appears of record in my Office.
Dated at Iowa City, this day of
2004
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Maria Karr, City Clerk
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Doc ID: 019198150003 Tvoe: GEN
Recorded: 09/08/2004 at 02:05:12 PM
Fee Amt: 817.00 Paae 1 of 3
Johnson Countv Iowa
Kimberly A. Painter County Recorder
Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-52 BK 3 7 9 2 PG 3 8.4 O
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, August 11, 2004-5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Marr, Michael
Wright
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MEMBERS ABSENT: None.—
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STAFF PRESENT: Sarah Holecek, Robert Miklo, Tokey Boswell
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OTHERS PRESENT:
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SPECIAL EXCEPTION ITEMS:
1. EXC04-00006– Public hearing regarding an application submitted by Valerie Russell for a
special exception to permit a commercial child care center for up to 24 children in the Low
Density Single -Family (RS -5) zone located at 735 Westgate Street.
Findings of Fact: The Board finds that the existing structure has 1,875 square feet of usable
interior space, and the fenced yard contains approximately 5,330 square feet, which are
greater than the requirements for indoor and outdoor space per child for child care centers.
The Board finds that the proposed parking plan provides 4 parking spaces and an area for
the pick-up and drop-off of children attending the center. The Board finds that the play area
is appropriately located, adequately enclosed, well -drained, and free from hazards.
Conclusions of Law: The Board concludes that the proposal meets all general and specific
standards for special exceptions related to childcare centers. The Board finds that the City
has received no complaints in the past regarding the existing child care home in operation at
this site and concludes that the expanded use, from a maximum of sixteen (16) to twenty-
four (24) children, will not be detrimental to or endanger the public health, safety, comfort, or
general welfare. The Board concludes that a child care center is an asset for a residential
community and, with reasonable restrictions on hours of operation, the proposed use will not
be injurious to other property in the neighborhood, nor will it impede the normal development
and improvement of neighboring properties. The Board concludes that the proposed
parking plan is adequate to serve the proposed use in terms of ingress and egress, and that
other infrastructure in place will adequately serve the proposed use. The Board concludes
that aside from the special exception being sought, this property and use conform to the
zoning and building codes in all other respects. The Board concludes that the provision of a
child care center in this neighborhood is consistent with the Comprehensive Plan.
Disposition: By a vote of 5-0 the Board approves EXC04-00006, a special exception to
permit a commercial child care center for up to 24 children in the Low Density Single -Family
(RS -5) zone located at 735 Westgate Street, with the stipulation that the hours of operation
of the child care center begin no earlier than 6 a.m., and end no later than 6 p.m., and that
the center operate only Monday through Friday.
2. EXC04-00018 – Public hearing regarding an application submitted by Karen Sheldon for a
special exception to reduce the required front yard adjacent to 5th Avenue from twenty (20)
feet to zero (0) feet and nine (9) feet in the areas shown on the site plan, for property
located in the Low Density Single -Family Residential (RS -5) zone located at 1906 G Street.
Findings of Fact: The Board finds that the applicant's lot at 1906 G Street measures forty
(40) feet wide by 150 feet long. The Board finds that the lot is non -conforming with respect
to frontage and square footage requirements for the RS -5 zone. The Board finds that this
property has two front yards requiring 20 foot setbacks, and that, due to the unusually large
street right-of-way, the 5"' Avenue setback is currently non -conforming for the length of the
structure. The Board finds that this is a unique situation, for while lots of this size are
present within the neighborhood, they are usually interior rather than double frontage corner
lots. The Board finds that the seventy-five (75) foot street right-of-way (ROW) in this area is
larger than the fifty (50) foot currently required. Further, even with the special exception,
applicant has twenty-five (25) feet of open space between the structure and the 5'" Avenue
curb, more than enough to assure adequate space of future sidewalk or infrastructure.
Additionally, given the configuration of the structures on the lot, the applicant cannot
functionally expand the existing home and comply with the twenty (20) foot without practical
difficulty.
Conclusions of Law: The Board concludes that the combination of small lot size, large ROW,
building configuration and placement of this lot at an intersection is a peculiar situation that
results in a difficulty in complying with the dimensional requirements of the yard setbacks
specified by the zoning code. The Board concludes that the exception will not be
detrimental to the public health, safety, welfare, or comfort. The Board concludes that other
structures in this neighborhood approach their lot lines in a similar fashion, and that the
exception will not be injurious to the use, enjoyment of, or normal development of other
properties in the area. The Board concludes that adequate infrastructure exists to serve the
exception. The Board concludes that the exception for this property is consistent with the
Comprehensive Plan of the City.
Disposition: By a vote of 5-0 the Board approves EXC04-00018, a special exception to
reduce the required front yard adjacent to 5"' Avenue from 20 feet to zero feet and 9 feet in
the areas shown on the site plan, for property located in the Low Density Single -Family
Residential (RS -5) zone located at 1906 G Street, subject to general conformance with the
elevation drawings and site plans submitted to the Department of Planning and Community
Development on July 12, 2004.
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 14-413-5E, City of Iowa
City, Iowa.
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Approved by: `
Dennis Keitel, Chairperson
STATE OF IOWA
JOHNSON COUNTY
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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 August, 2004, as the
same appears of record in my Office.
Dated at Iowa City, this 3 day of , 2004
Marian K. Karr, City Clerk
CORP('RITE SEAL
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Doc ID: 019318440004 TVDe: GEN
Recorded: 11/09/2004 at 08:02:19 At
Fee Amt: $22.00 Pace i of 4
Johnson Countv Iowa
Kim Painter Countv Recorder
Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 31f BK 3813 PG 615.618
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 13 — 5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Maurer Michael
Wright
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MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Holecek, Robert Miklo
OTHERS PRESENT: Bob Downer, Dick Brown, Nestor Lobodiak, Mark Nelson, Sherry
Lobodiak, Trevor Wood, Drew Dillman, Greg Schrock, Judy Dillman,
Benjamin Moore, Linda Schrock, Steven Rohrback
SPECIAL EXCEPTION ITEMS:
EXC04-00020 Public hearing regarding an application submitted by First Presbyterian
Church for a special exception to allow a columbarium addition to a religious institution on
property located in the Low Density Single -Family Residential (RS -5) zone at 2701
Rochester Avenue.
Findings of Fact: The Board finds that the property at 2701 Rochester Avenue contains an
existing religious institution, the First Presbyterian Church, which complies with lot area,
setback and parking requirements. The Board finds the proposed columbarium will be a
facility related to the existing church as it will assist the Church in ministering to its
congregation and will be used for families of the congregation. The Board finds that the
columbarium is effectively an expansion of the existing religious institution rather than an
independent cemetery use. As the Church currently holds funeral and other services, the
addition of the columbarium will not substantially increase traffic, diminish property values,
or endanger public health, safety and welfare. Additionally, locating the columbarium in the
front of the Church will minimize the impact on neighboring properties.
Conclusions of Law: The Board concludes that the proposed columbarium qualifies as a
facility related to the use of a religious institution and therefore may be permitted in the RS -5
zone by special exception as an expansion of a religious institution. The Board concludes
that, in this instance, the proposed columbarium does not constitute an independent use to
be regulated as a cemetery under the zoning code. The Board concludes that the proposed
special exception to allow a columbarium addition to the First Presbyterian Church meets
the specific requirements for the expansion of a religious institution in the RS -5 zone. The
Board concludes that the columbarium complies with the general special exception review
requirements in that it will not be detrimental to or endanger public health, safety, comfort or
general welfare; it will not be injurious to the use or enjoyment of other properties in the
immediate vicinity; and it will not impede the normal and orderly development and
improvement of the surrounding property. The Board further concludes that the property
has adequate utilities and services, that adequate measures will be taken to provide ingress
or egress, and that the proposal is consistent with the Comprehensive Plan of the City.
l
Disposition: By a vote of 4-1 (Wright voting no) the Board approves EXC04-00020 a special
exception to allow a columbarium addition to a religious institution on property located in the
Low Density Single -Family Residential (RS -5) zone at 2701 Rochester Avenue subject to
compliance with the plans submitted with the application.
2. EXC04-00022 Public hearing regarding an application submitted by Verizon Wireless for a
special exception to permit installation of a telecommunications tower site for property
located in the Interim Development Single -Family Residential (ID -RS) zone at 637 Foster
Road.
Findings of Fact: The Board finds the tower would be set back 400 to 1500 feet from
adjacent properties and street right of way and the Iowa River. The Board finds that the
lower part of the tower would be partially obscured by existing trees. The Board finds that
the tower would be partially visible from residential properties in the general area. The
Board finds that the type and intensity of lighting that may be required on the tower has not
been resolved. The Board finds that adequate public utilities and street access are in place
to serve the minimal amount of traffic that would be generated by the tower.
Conclusions of Law: The Board concludes the proposed tower meets the setback
requirements for a tower in the ID -RS zone. The Board concludes that the proposed tower
meets some of the general requirements for a special exception, such as adequate utilities
and access. However, without further information regarding the lighting of the tower, the
Board cannot conclude that the tower would not be injurious to the use and enjoyment of
other properties in the immediate vicinity or would not diminish or impair property values in
the neighborhood.
Disposition: By a vote of 2-2 (Maurer abstaining), the Board denies, by operation of law for
failure to garner a concurring vote of three (3) Board members as required by Iowa law and
the Board's Procedural Rules, EXC04-00022 an application submitted by Verizon Wireless
for a special exception to permit installation of a telecommunications tower site for property
located in the Interim Development Single -Family Residential (ID -RS) zone at 637 Foster
Road.
3. EXC04-00023 Public hearing regarding an application submitted by Mark Holtkamp for a
special exception to permit a shared common driveway and parking area for property
located in the Medium Density Single -Family Residential (RS -8) zone at 211 Myrtle Avenue.
Findings of Fact: The Board finds that the proposed shared driveway will be located within
and subject to the required easement to perpetually assure access to all three properties.
The shared driveway will eliminate the need for a driveway onto busy Myrtle Avenue in favor
of the shared access on Olive Street. Additionally, the shared access will eliminate the need
for an additional driveway onto Olive Street, decreasing potential contact points and
improving safety. The shared driveway and parking area will reduce the amount of paving
on site and the plan includes protection of the root zone of the mature oak tree located on
the property. The Board finds that the design of the development is compatible with the
existing neighborhood.
Conclusions of Law: The Board concludes that the application meets the specific and
general requirements for shared off-street parking and drives. The Board concludes that the
proposal will minimize curb cuts on public streets and the common drive and parking will
positively impact the development of the proposed subdivision and the surrounding area by
reducing on site paving. The Board concludes that the common driveway will not be
detrimental to or endanger public health safety, comfort or general welfare. It will not be
injurious to the use or enjoyment of other properties in the immediate vicinity and it will not
impede the normal and orderly development and improvement of the surrounding property.
The Board concludes that the property has adequate utilities and services, that adequate
measures will be taken to provide ingress or egress, and that the proposal is consistent with
the Comprehensive Plan of the City.
Disposition: By a vote of 5-0 the Board approves EXC04-00023 a special exception to
permit a shared common driveway for property located in the Medium Density Single -Family
Residential (RS -8) zone at 211 Myrtle Avenue subject to: 1) general conformance to the
plans submitted with the application 2) the protection of the large oak tree in the southeast
quadrant of Lot 3 during construction, 3) approval by the City Attorney of a covenant
providing for the perpetual use and maintenance of the shared driveway, and 4) screening
of the parking areas in accordance with 14-6N-1 D of the Zoning Ordinance.
4. EXC04-00024 — Public hearing regarding an application submitted by Southgate
Development for a special exception to permit a drive through restaurant for property
located in the Community Commercial (CC -2) zone at Pepperwood Plaza on the east side of
Keokuk Street south of Hwy 6.
Findings of Fact: The Board finds the concerns raised by a proposed drive through at this
location, such as sufficient separation, sufficient stacking and aesthetics, are addressed by
the proposed plan with the attached conditions. The drive though lane will not have direct
access to a public street, but rather access to a driveway internal to the shopping center.
The Board finds that the drive will accommodate at least 8 vehicles, which is sufficient
stacking for the phone ahead drive through service offered. The landscaping plan will
address the aesthetics of the retaining wall and while the plan addresses pedestrian safety
by delineation of the pedestrian walkways, requiring additional signage will minimize
potential pedestrian/vehicle conflicts.
Conclusions of Law: The Board concludes that the application meets the general standards
for a special exception. It will not be detrimental to or endanger the public health, safety,
comfort or general welfare, be injurious to the use and enjoyment of other property in the
immediate vicinity and will not diminish or impair property values in the neighborhood. It will
not impede the normal and orderly development and improvement of the surrounding
property. The Board concludes that the property has adequate utilities and services and
that adequate measures will be taken to provide ingress or egress designed to minimize
traffic congestion on public streets.
Disposition: By a vote of 5-0 the Board approves EXC04-00024 an application submitted by
Southgate Development for a special exception to permit a drive through restaurant for
property located in the Community Commercial (CC -2) zone at Pepperwood Plaza on the
east side of Keokuk Street south of Hwy 6 subject to general conformance to the site plan
as submitted, staff approval of the specifics of the landscaping along the retaining wall, and
signs marking the location of the pedestrian crossings.
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.
Dennis Keitel, 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 13th day of October, 2004, as the
same appears of record in my Office.
Dated at Iowa City, this
sarah/boa/decision 2004.10.13.doc
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Mari K. Karr, City Clerk
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DECISION r`
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 10 — 5 P.M.
EMMA J. HARVAT HALL
MEMBERS PRESENT: Dennis Keitel, Karen Leigh, Michael Wright
MEMBERS ABSENT: Carol Alexander, Vincent Maurer
STAFF PRESENT: Sarah Holecek, John Yapp
OTHERS PRESENT: Gary Schooley, Sara O'Donnell
SPECIAL EXCEPTION ITEMS:
IIIIIIIIIIIIIIIIIVIIIIIIIIVIIIVIIIIIIIIVIIIIIIIIVIIIVIIIVIIIVIIIIIIIIIII
Doc ID: 019376470002 Tvoe: GEN
Recorded: 12/14/2004 at 01:55:27 PM
Fee Amt: $12.00 Pace 1 of 2
Johnson county Iowa
Kim Painter countv Recorder
BK3825 PG128-129
EXC00-00025 Public hearing regarding an application submitted by Gary Schooley for a
special exception to reduce the required front yard from 20 (twenty) feet to 12 (twelve) feet
for property located in the Low Density Single -Family (RS -5) Zone at 1817 Grantwood Drive.
Findings of Fact: The Board finds that the unnamed right-of-way adjacent to this property is
not used as a city street, and is in fact only used as a service access to the public (Safety
Village) property to the south. The Board finds that if the unnamed street were designated
as a driveway, only a five-foot setback would be required. The Board finds the proposed
addition to the home at 1817 Grantwood Drive will require a reduction in the front yard
setback from 20 feet to 12 feet, and that the proposed addition will not have a negative
impact on adjacent properties, nor will it impede orderly development on adjacent
properties.
Conclusions of Law: The Board concludes the standards necessary for a reduction in the
front yard setback, City Code Section 14 -6Q -4B, have been met. The situation is peculiar to
the property in question, in that there is platted right-of-way that is not used as a city street
for traffic circulation purposes. The right-of-way artificially imposes a greater setback
requirement than actual circumstances require. The Board further concludes that the
general standards for a special exception, as enumerated in City Code Section 14 -6W -2B,
have been met.
Disposition: By a vote of 3-0 the Board approves EXC00-00025 an application submitted by
Gary Schooley for a special exception to reduce the required front yard from 20 (twenty) feet
to 12 (twelve) feet for property located in the Low Density Single -Family (RS -5) Zone at
1817 Grantwood Drive.
2. EXC04-00026: Public hearing on an application submitted by Merle Miller for a special
exception to reduce the required front yard from 20 (twenty) feet to 0 (zero) feet to allow the
installation of a driveway and one parking space for property located at 1401 Ridge Street in
the Low Density Single -Family Residential (RS -5) Zone.
Findings of Fact: The Board finds that this lot is substandard both in width and in overall
area, creating difficulty in placing improvements. There is an existing parking area with
access to Highland Avenue that is being removed. The Board finds that the proposed
paved parking area with access to Ridge Street is preferable to the existing parking area
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EXC00-00025 Public hearing regarding an application submitted by Gary Schooley for a
special exception to reduce the required front yard from 20 (twenty) feet to 12 (twelve) feet
for property located in the Low Density Single -Family (RS -5) Zone at 1817 Grantwood Drive.
Findings of Fact: The Board finds that the unnamed right-of-way adjacent to this property is
not used as a city street, and is in fact only used as a service access to the public (Safety
Village) property to the south. The Board finds that if the unnamed street were designated
as a driveway, only a five-foot setback would be required. The Board finds the proposed
addition to the home at 1817 Grantwood Drive will require a reduction in the front yard
setback from 20 feet to 12 feet, and that the proposed addition will not have a negative
impact on adjacent properties, nor will it impede orderly development on adjacent
properties.
Conclusions of Law: The Board concludes the standards necessary for a reduction in the
front yard setback, City Code Section 14 -6Q -4B, have been met. The situation is peculiar to
the property in question, in that there is platted right-of-way that is not used as a city street
for traffic circulation purposes. The right-of-way artificially imposes a greater setback
requirement than actual circumstances require. The Board further concludes that the
general standards for a special exception, as enumerated in City Code Section 14 -6W -2B,
have been met.
Disposition: By a vote of 3-0 the Board approves EXC00-00025 an application submitted by
Gary Schooley for a special exception to reduce the required front yard from 20 (twenty) feet
to 12 (twelve) feet for property located in the Low Density Single -Family (RS -5) Zone at
1817 Grantwood Drive.
2. EXC04-00026: Public hearing on an application submitted by Merle Miller for a special
exception to reduce the required front yard from 20 (twenty) feet to 0 (zero) feet to allow the
installation of a driveway and one parking space for property located at 1401 Ridge Street in
the Low Density Single -Family Residential (RS -5) Zone.
Findings of Fact: The Board finds that this lot is substandard both in width and in overall
area, creating difficulty in placing improvements. There is an existing parking area with
access to Highland Avenue that is being removed. The Board finds that the proposed
paved parking area with access to Ridge Street is preferable to the existing parking area
due to topography (it is less steep) and lower traffic volumes on Ridge Street, thus
improving traffic safety. The Board finds that the practical effect of the setback reduction
reduces overall paving (by not requiring the parking area to be located 20 feet from the right-
of-way), and preserves a large maple tree on the property. The Board concludes that in
these particular circumstances, it is preferable to minimize paving and preserve a mature
tree, rather than preclude parking in the 20 -foot front yard.
Conclusions of Law: The Board concludes that the specific standards, as enumerated in City
Code Section 14 -6Q -4B, have been met. The property is substandard in width and size,
and there is minimal area to place parking elsewhere on the property without eliminating a
mature maple tree that is desirable to the neighborhood. The relocation of the parking to a
lower volume street also benefits the public in terms of improving traffic safety. The Board
further concludes that the application meets the general standards, as enumerated in City
Code Section 14 -6W -2B, for special exception approval.
Disposition: By a vote of 3-0, the Board approves EXC04-00026 an application submitted by
Merle Miller for a special exception to reduce the required front yard from 20 (twenty) feet to
0 (zero) feet to allow the installation of a driveway and one parking space for property
located at 1401 Ridge Street in the Low Density Single -Family Residential (RS -5) 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.
Dennis Keitel, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approv by:
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City Atto y' " J/ 71
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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 10th day of November, 2004, as the
same appears of record in my Office.
Dated at Iowa City, this 134` day of DeCertti(oe 2004
N" AWOS OT 10W50
XrUjla Y 4
MariariK. Karr, City Clerk
CORPORATE SEt L
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REVISED 12/13/04
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Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
C-1
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DECISION
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IOWA CITY BOARD OF ADJUSTMENT
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WEDNESDAY, August 11, 2004 - 5 P.M.
EMMA J. HARVAT HALL
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MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Maurer, MicRael
Wright
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Holecek, Robert Miklo, Tokey Boswell
OTHERS PRESENT:
SPECIAL EXCEPTION ITEMS:
III I III I I I III I I I II I II III II VIII VIII VIII VIII VIII VIII VIII VIII VIII I I II I I II
Doc ID: 019401620002 Tvoe. GEN
12/29/2004
t
Fee Amt: $12.00Peae jo49:00 AM
fB2
Johnson County Ione
Kim Painter Countv Recorr er
BK3830 PGi06.107
EXC04-00006- Public hearing regarding an application submitted by Valerie Russell for a
special exception to permit a commercial child care center for up to 24 children in the Low
Density Single -Family (RS -5) zone located at 735 Westgate Street.
Findings of Fact: The Board finds that the existing structure has 1,875 square feet of usable
interior space, and the fenced yard contains approximately 5,330 square feet, which are
greater than the requirements for indoor and outdoor space per child for child care centers.
The Board finds that the proposed parking plan provides 4 parking spaces and an area for
the pick-up and drop-off of children attending the center. The Board finds that the play area
is appropriately located, adequately enclosed, well -drained, and free from hazards.
Conclusions of Law: The Board concludes that the proposal meets all general and specific
standards for special exceptions related to childcare centers. The Board finds that the City
has received no complaints in the past regarding the existing child care home in operation at
this site and concludes that the expanded use, from a maximum of sixteen (16) to twenty-
four (24) children, will not be detrimental to or endanger the public health, safety, comfort, or
general welfare. The Board concludes that a child care center is an asset for a residential
community and, with reasonable restrictions on hours of operation, the proposed use will not
be injurious to other property in the neighborhood, nor will it impede the normal development
and improvement of neighboring properties. The Board concludes that the proposed
parking plan is adequate to serve the proposed use in terms of ingress and egress, and that
other infrastructure in place will adequately serve the proposed use. The Board concludes
that aside from the special exception being sought, this property and use conform to the
zoning and building codes in all other respects. The Board concludes that the provision of a
child care center in this neighborhood is consistent with the Comprehensive Plan.
Disposition: By a vote of 5-0 the Board approves EXC04-00006, a special exception to
permit a commercial child care center for up to 24 children in the Low Density Single -Family
(RS -5) zone located at 735 Westgate Street, provided that two additional parking spaces are
provided per City code, that a building permit for the change of use is approved, and that the
building retain its exterior residential appearance. The Board added a further stipulation that
the hours of operation of the child care center begin no earlier than 6 a.m., and end no later
than 6 p.m., and that the center operate only Monday through Friday.
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 14-413-5E, City of Iowa
City, Iowa.
Approved by:
Dennis Keitel, Chairperson
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 August, 2004, as the
same appears of record in my Office.
Dated at Iowa City, this 2 day of 2004
Mari . Karr, City Clerk a
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