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HomeMy WebLinkAbout2005 Board of Adjustment Decisions. ilii iii iiiiiu►►iii►►�► �►�►►►� ►�► ►��►►�► �►► �►►���►►�►►���►�►►� Doc ID: 039435290003 Tvoe: GEN Fee RecoAmt: $17 00/Pace i2005 to{2342'25 PM Johnson county Iowa Kim Painter Countv Recorder Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 BK 3837 PG 178-180 DECISION IOWA CITY BOARD OF ADJUSTMENT reG WEDNESDAY, December 8, 2004 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Dennis Keitel, Karen Leigh, Vincent Maurer, Michael Wright MEMBERS ABSENT: None. STAFF PRESENT: Sarah Hclecek, Robert Miklo OTHERS PRESENT: Viles Velton, Greg Schrock, Drew Dillman, Ron Kramer, John Nolan, Paul Campo, Dick Brown, Nestor Lobodiak, Dick Larew SPECIAL EXCEPTION ITEMS: 1. EXC04-00022— Reconsideration of an application submitted by Verizon Wireless for a special exception to permit installation of a telecommunication 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 an increasing desire for wireless communication devices in Iowa City is leading to an increased demand for communications towers in the area. The Board finds that the ID -RS zone is one of a very few zones that allows for the location of telecommunications towers in the City. The Board further finds that a policy of co -location on towers will reduce the number of towers that need to be constructed, and that Verizon Wireless has a policy of allowing co -location. The Board finds that the tower will generate approximately two to four vehicle trips per month per carrier. The Board finds that limiting the height`of the tower to 130 feet, and mandating that no lights be placed on the tower, will limit the visual impact of the tower. Conclusions of Law: The Board concludes that the specific requirements for a communications tower have been met, and that the setback from the base of the tower to the property line far exceeds the height of the tower. The Board further concludes that the general requirements for a special exception have been met as follows: the location of the tower will not impede the normal and orderly development and improvement of the surrounding property; adequate utilities and access roads exist to serve the site, and the special exception will not contribute to congestion on area public streets. The Board concludes that the special exception and resulting tower are not incompatible with the Comprehensive Plan of the City, which labels this area as appropriate for private open space uses, and which supports the development of communication technologies within the City. The Board concludes that through limiting the height and presence of light'! on the tower, the special exception will not be injurious to the use and enjoyment of otho..pr�opert� in th in the immediate vicinity, will not substantially diminish or impair property values -e -` neighborhood, and that the exception will not be detrimental to or endanger the tiblic health, safety, comfort or general welfare. o� +1 l� �.J Disposition: By a vote of 4-0 (Maurer abstaining due to conflict of interest) the Board approves special exception EXC04-00022, 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, subject to the following provisions: 1) a maximum height of 130 feet, and 2) a requirement that no lightning be placed on the tower. 2. EXC00-00000 — Public hearing regarding an application submitted by First Presbyterian Church for a special exception to permit a 60' by 80' paved extension of their current parking lot for the property in the Low Density Single -Family Residential (RS -5) Zone at 2701 Rochester Avenue. Findings of Fact: The Board finds that the property has access to a collector or an arterial street, does have a minimum lot area of 40,000 square feet, and that the buildings are setback at least 2 feet for every one foot of building height, as required by the zoning code for religious institutions in the RS -5 zone. The Board also finds that the screening shown on the site plan submitted by the applicant includes evergreen shrubs around the perimeter of the proposed parking lot, and two parking lot trees. The Board finds that groundwater runoff from the proposed parking area will drain to the west, onto ground owned by the applicant. Conclusions of Law: The Board concludes that the application currently complies with the requirements for a special exception for religious institutions in the RS -5 zone. Provided the screening is extended south to the garage, the site plan is in compliance with the city screening and parking lot tree standards. The expanded parking lot will provide needed off- street parking and reduce the church's impact on the surrounding neighborhood. Therefore, the Board concludes that the application complies with the general requirements for special exceptions as follows: 1) it will not be detrimental to or endanger the public health, safety, comfort or general welfare; 2) it will not be injurious to the use and enjoyment of other property in the immediate vicinity; and 3) it will not substantially diminish or impair property values in the neighborhood. The Board further concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located, and adequate utilities, drainage and access are in place to serve the proposed use. The Board also concludes that the proposed use is consistent with the short- range Comprehensive Plan of the City, which designates the area as appropriate for institutional uses. Disposition: By a vote of 5-0 the Board approves EXC04-00027, an application submitted by First Presbyterian Church for a special exception to permit a 60' by 80' paved extension of the current parking lot for their property in the Low Density Single -Family Residential (RS -5) Zone at 2701 Rochester Avenue, subject to 1) conformance with parking area site plan dated December 1st, 2004, and 2) a requirement that the screening be extended—is far so' as the garage shown on the site plan. n �- 7-1 TIME LIMITATIONS: _ — — _ w 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. STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of December 2004, as the same appears of record in my Office. Dated at Iowa City, this / day of 12005 2?�of�� ?e- 7 e4z-4�� Mariah K. Karr, City Clerk 14 CORPORATE SEAL Doc ID: 019485490005 TVoe: GEN Recorded: 02/14/2005 at 01:42:20 PM Fee Amt: $27.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52: BK 3843 PG607-6 1 1 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, January 12, 2005 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Michael Wnglrt, MEMBERS ABSENT: None _ STAFF PRESENT: Sarah Holecek, Robert Miklo D_' J OTHERS PRESENT: William Gorman, James Clark, Tim Holman, Glenn Siders D` SPECIAL EXCEPTION ITEMS: 1. EXC04-00028— Public hearing regarding an application submitted by Systems Unlimited, Inc., for a special exception to permit a school of specialized private instruction on property in the General Industrial (1-1) zone at 2433 South Scott Boulevard. Findings of Fact: The Board finds that the proposed use is a school of specialized private instruction, which is noted as a special exception in the 1-1 zone. The Board finds that operations at the Systems Unlimited facility consist of a combination of administrative office functions, staff training and vocational and life skills training for persons with disabilities, including some training for light industrial work. The Board finds that the General Industrial Zone is specifically written to allow for schools of specialized instruction as long as the proposed use does not interfere with the primary uses intended for this zone. The proposed use will not create such interference. The Board finds that the proposed exception will be required to conform to all 1-1 zoning requirements when a building permit is sought. The Board finds that the property will have vehicular access to Scott Boulevard, an arterial street. Conclusions of Law: The Board concludes that all general and specific standards have been or will be met. The Board concludes that the special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the 1-1 zone, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that with the conditions placed on approval of this special exception, adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The Board concludes that the special exception is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 4-0 the Board approves EXC04-00028, a special exception to permit a school of specialized private instruction on property in the General Industrial (1-1) Zone at 2433 South Scott Boulevard, provided that the following conditions are met: 1. only one access point to the subject lot from Scott Boulevard is allowed; and 2. unless the existing direct street access to the US West facility will be used as an access drive for the proposed use, this existing access must be closed; and 3. to ensure adequate site distance and safe turning movements to and from Scott Boulevard, the location of any new access drive must be approved by the City. 2. EXC04-00029 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -20) zone at 932 East Washington Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewalk than the proposed additions to this building. The Board finds that the right of way on Washington Street is wider than usually found in residential neighborhoods. The Board finds that the Comprehensive Plan encourages the remodeling of buildings such as this to make them-, more compatible with surrounding neighborhoods. The Board finds that this property, is in a Conservation Overlay zone, which requires that the Historic Preservation Commission review any major exterior changes. -- Conclusions of Law: The Board concludes that this is a unique situation as this !s_a large-• , - -' building surrounded by smaller buildings. The Board concludes that the proposed, exception will not be detrimental to or endanger the public health, safety, comfort or genera Lwelfare. The Board concludes that the proposed exception would not be injurious to the , se and -:7-1 enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -20 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception would not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00029, an application for special exceptions to reduce the required front yard from 10 feet to 6 feet 4 inches in the areas indicated on the site plans for an addition to the existing building in the Neighborhood Conservation (RNC -20) zone located at 932 East Washington Street, subject to general conformance with the site plans submitted with the application and subject to approval of the elevation drawings by the Historic Preservation Commission. 3. EXC04-00030 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -20) zone at 924 East Washington Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewalk than the proposed additions to this building. The Board finds that the right of way on Washington Street is wider than usually found in residential neighborhoods. The Board finds that the Comprehensive Plan encourages the remodeling of buildings such as this to make them more compatible with surrounding neighborhoods. The Board finds that this property is in Conservation Overlay zone, which requires that the Historic Preservation Commission review any major exterior changes. Conclusions of Law: The Board concludes that this is a unique situation as this is a large building surrounded by smaller buildings. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception would 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, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -20 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception would not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00030, an application for special exceptions to reduce the required front yard from 10 feet to 6 feet 4 inches in the areas indicated on the site plans for an addition to the existing building in the Neighborhood Conservation (RNC -20) zone located at 924 East Washington Street, subject to general conformance with the site plans submitted with the application and subject to approval of the elevation drawings by the Historic Preservation Commission. 4. EXC04-00031 - Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of alconies, and porches for property located in the Neighborhood Residential Conservation Rt -,-1 zone at 517 Fairchild Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently j developed, and several buildings on the block are located closer to the sidewalk, t"n the' -- proposed additions to these buildings. The Board finds that there are already balconies 09 "J the back of this building. The Board finds that the Comprehensive Plan encouragers the remodeling of buildings such as this to make them more compatible with surrounding - f neighborhoods. Conclusions of Law: The Board concludes that the proposed balconies would be very small and would improve the appearance of the building. The Board concludes that this is a unique situation as this is a large building surrounded by smaller size buildings. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -12 zone. The Board further concludes that provided the parking lot is landscaped and a public sidewalk is completed adjacent to the street, adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception will not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00031, an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -12) zone at 517 Fairchild Street, subject to the following conditions: 1. general conformance with the elevation drawings and site plans submitted with the application, and 2. installation of a hedge along the east side of the parking lot and a sidewalk adjacent to North Market Square. 5. EXC04-00032 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies for property located in the Neighborhood Residential Conservation (RNC -12) zone at.333 East Church Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewalk.than the= proposed additions to these buildings. The Board finds that there are already balconies on the back of this building. The Board finds that the Comprehensive Plan encourages -the = J remodeling of buildings such as this to make them more compatible with surrouridirig. neighborhoods. Conclusions of Law: The Board concludes there is a peculiar situation, as this structure is a large building in a neighborhood with small buildings. There is a practical difficulty in trying to meet the needs of the City's Comprehensive Plan by trying to make the building fit better in the character of the neighborhood. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -12 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception will not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making these buildings more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00032, an application for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -12) zone at 333 East Church Street, be approved, subject to general conformance with the site plans submitted with the revised elevations drawings. 6. EXC04-00033 Public hearing regarding an application submitted by Southgate Companies for a special exception to allow the reduction of the front yard setback from 20 feet to 9.5 feet to allow an addition to an existing building located in the Community Commercial (CC -2) zone at 1905 Broadway Street. Findings of Fact: The Board finds that the exception is being sought for aesthetic reasons as the shopping center is being remodeled. The Board finds that there is an extra wide right of way adjacent to this property, and that even with the reduction of the yard this building would set back a considerable distance from the Highway 6 pavement, as well as the trail which is located in front of the property. Conclusions of Law: The Board concludes that the exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Board concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the CC -2 zone in which such property is located, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that adequate utilities, drainage and access are in place, and the proposal is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 4-0 the Board approves EXC04-00033 an application for a special exception to allow the reduction of the front yard setback from 20 feet to 9.5 feet to allow an addition to an existing building located in the Community Commercial (CC -2) zone at 1905 Broadway Street, subject to general conformance with the site plan dated December 16, 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 14-46-5E, City of Iowa City, Iowa. Vincent Maurer, Chairperson n Ute STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of January, 2005, as the same appears of record in my Office. Dated at Iowa City, this //� k day of /ter r Baa 2005 Marian K. Karr, City Clerk SEAL r ��� illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 019568180003 TVDe: GEN Recorded: 03/23 Fee Amt: $17.00/2005 at 01:49:01 PM Pace 1 of 3 Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Johnson Painterna Kim 0ounttv v sRecorder DECISION BK3855 PG519.521 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 9, 2005 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Michael Wright, Ned Wood -� r MEMBERS ABSENT: Vincent Maurer, Karen Leigh N STAFF PRESENT: Sarah Holecek, Robert Miklo `J OTHERS PRESENT: Allan Berger, Tim Krumm SPECIAL EXCEPTION ITEMS: 1. EXCOS-00002 An application submitted by Alan Berger for a special exception to allow the operation of a small animal veterinary clinic on property located in the Commercial Office (CO -1) zone at 3030 Northgate Drive. Findings of Fact: The Board finds that the proposed small animal clinic will be located at least 200 feet from any residential property. The Board also finds that the proposed building will be located in the center of the property. This will assure that there are sufficient buffers between the clinic and surrounding properties so that noise and odors should not be discernible across any lot line. The Board finds that the clinic would be conducted completely indoors and at the time of the building permit the applicant will need to demonstrate to the Building Official that the building is sound proof. The Board finds that adequate streets and utilities are in place to serve this lot. Conclusions of Law: Based on the findings above, the Board concludes that all general and specific standards have been met or will be met. The Board concludes that the special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the CO -1 zone, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The Board concludes that the special exception is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 3-0 the Board approves EXCOS-00002 an application submitted by Alan Berger for a special exception to allow the operation of a small animal veterinary clinic on property located in the Commercial Office (CO -1) zone at 3030 Northgate Drive provided that prior to the issuance of the building permit the applicant demonstrates to the building official that the portion of the building containing the clinic will be soundproofed. M 2. EXC05-00001 An application submitted by Craig Fairlinger for a special exception to allow for the separation of two non conforming parcels into two residential lots for property located in the Low Density Single -Family Residential (RS -5) zone at 1518 Crescent Street. Findings of Fact: The Board finds that this property consists of two 50 -foot wide lots of record that are each 10 feet deficient in required lot width and 1750 feet deficient in lot area. The properties surrounding this property are currently developed with single-family homes and most are similar in size to the proposed house. The Board also finds that the height of the proposed building will similar to the existing one-story houses in the neighborhood. The Board finds that these lots have access to an alley, which will help minimize congestion on Crescent Street. Conclusions of Law: Based on the findings above, the Board concludes that all general and specific standards have been met or will be met. The Board concludes that the special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RS -5 zone, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The Board concludes that the special exception is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 3-0 the Board approves EXC05-00001 an application submitted by Craig Fairlinger for a special exception to allow for the separation of two non conforming parcels into two residential lots for property located in the Low Density Single -Family Residential (RS -5) zone at 1518 Crescent Street, subject to the following conditions: 1) the single-family dwelling constructed on the vacant lot shall substantially conform to the plans provided by the applicant, and 2) the vehicular access to the two lots shall be restricted to the alley and no driveways from either lot shall be permitted onto Crescent Street. ZA 3. EXC04-00016 An extension for the expiration date of the previously approved, sppgial exception to permit transient housing in the Intensive Commercial (CI -1) zone located a0the southeast corner of the intersection of Southgate Avenue and Waterfront Drive. Findings of Fact: The Board finds that the decision of the Board was filed on Audi sY3, 2004. The Board also finds that the applicant could not reasonably pursue the construeion of�e facility because of litigation that is currently pending. Conclusions of Law: The Board concludes that due to circumstances beyond the control of the applicant, it was not reasonably able to begin construction of the previously approved transient housing. The Board concludes that the applicant has shown good cause to extend the special exception expiration period to a date six (6) months after the current litigation and any associated appeals are finally concluded. Disposition: By a vote of 3-0 the Board of Adjustment extends the special exception expiration period for EXC04-00016 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 to a date six (6) months after the current litigation and any associated appeals are finally concluded. +I i. 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. 0-4-� fir, Chairperson Carol ff/err.�c�e� �c tin STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of February, 2005, as the same appears of record in my Office. Dated at Iowa City, this day of , 2005 Marlan K. Karr, City Clerk CORPORATE SEAL D YTIO AW0r6T NmMF1 Vajo YTI:) Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 9, 2005 — 5 P.M. EMMA J. HARVAT HALL Doc ID: 019732920003 TVDe: GEN Recorded: 06/10/2005 at 04:01:05 PM Fee Amt: $17.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder EK3889 PG586-588 ru- MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Ned Wood and Michael Wright MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holocek, Robert Miklo OTHERS PRESENT: Steven Rohrbach, Mike Brown, Terry Ira, Dwight Dobberstein, Sandra Wagner SPECIAL EXCEPTION ITEMS: EXC05-00003 Public hearing regarding an application submitted by Southgate Development for a special exception for a drive-through restaurant on property located in the Community Commercial (CC -2) zone at 901 Hollywood Boulevard. Findings of Fact: The Board finds that the proposed restaurant with the drive-through window is located in the CC -2 where auto and truck oriented uses, such as drive-throughs, are permitted by special exception. The Board finds that the proposed drive-through lane will have access from the parking lot and not directly from public streets. The Board also finds that the site plan shows that the drive-through lane provides stacking spaces for at least 10 vehicles. The Board finds that the surrounding properties are nearly fully developed with commercial uses. The Board finds that the Comprehensive Plan designates this property as being appropriate for Commercial Development. Conclusions of Law: The Board concludes that provided a pedestrian crossing sign is posted at where cars exit the pick-up window, pedestrian and vehicular traffic will be sufficiently directed. The Board concludes that the drive-through restaurant in this location will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception 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. The Board concludes that there will be no ingress or egress problems and that adequate utilities, drainage and access are in place The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property and it is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 5-0 the Board approves EXC05-00003 an application submitted by Southgate Development for a special exception for a drive-through restaurant on property located in the Community Commercial (CC -2) zone at 901 Hollywood Boulevard subject to general conformance with the submitted site plan and pedestrian crosswalk sign being installed where pedestrians are directed to cross the drive-through lane. EXC05-00004 Public hearing regarding an application submitted by Iowa City Tire & Service Inc. for a special exception to reduce the front yard from 20 feet to 5.5 feet for property located in the Intensive Commercial (CI -1) zone north of 404 Kirkwood Avenue. Findings of Fact: The Board finds this property is located in a CI -1 zone where a 20 -foot front yard setback is required. The Board finds that the zoning code requires a 20 -foot front yard setback from both Kirkwood Avenue and Maiden Lane and that other corner lots are also subject to front yard setback requirements. The Board finds the other buildings within this zone on this side of Maiden Lane are set back a minimum of 20 feet from the street right-of-way. The Board finds that a railroad is located within the street right-of-way adjacent to where the applicant wishes to reduce the front yard. The Board finds that there are driveways that intersect with the railroad and Maiden Lane to the north and south of the proposed building. Conclusions of Law: The Board concludes the subject property is not peculiar in terms of having a required 20 -foot setback from both Maiden Lane and Kirkwood Avenue, as other corner lots are required to meet these standards. The Board concludes that this property does not display a practical difficulty with adhering to the required setbacks, as an addition of 45 feet in depth is permitted if the 20 -foot setback is adhered to. The Board concludes that the proposed setback reduction from 20 feet to 5.5 feet would reduce the visibility for motorist crossing the railroad track, would reduce the visibility of the adjacent business and reduce open space. This would be injurious to the use and enjoyment of other property in the immediate vicinity, would impede the normal and orderly development and improvement of surrounding property and would result in inadequate provisions for access and egress. Disposition: By a vote of 5-0 the Board denies EXC05-00004 an application submitted by Iowa City Tire & Service Inc. for a special exception to reduce the front yard from 20 feet to 5.5 feet for property located in the Intensive Commercial (CI -1) zone north of 404 Kirkwood Avenue. EXC05-00005 Discussion of an application submitted by Sycamore Mall for a special exception to allow the reduction of he parking requirements for property located in the Community Commercial (CC -2) zone at 1600 Sycamore Street. Findings of Fact: The Board finds that the zoning code allows for the reduction of required parking spaces by up to 50% where it can be demonstrated that the specific use has characteristics such that the number of parking spaces required by zoning is too great. The Board finds that Sycamore Mall has several retail, restaurant, entertainment and service businesses all located on a common property. The Board finds the applicant has submitted documentation showing that the current supply of parking exceeds demand for parking at Sycamore Mall. The Board also finds that the applicant has submitted data showing that the attendance at the movie theatres generally occurs when other mall businesses are closed. The Board finds that the applicant has requested the parking requirements for the mall be calculated at a rate of 1 space per 200 square feet of gross area rather than calculating the parking requirement for individual businesses. Conclusions of Law: The Board concludes that the data provided by the applicant shows that the parking supply at the mall exceeds the existing and projected demand. The Board concludes that the proposed exception to allow required parking to be calculated at a rate of 1 space per 200 square feet of gross area will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity. The establishment of the specific a1 proposed exception will not impede the normal and orderly development and improvement of the surrounding property and will not substantially diminish or impair property values in the neighborhood. Adequate utilities, access roads, drainage and necessary facilities have been provided. Adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Efforts to revitalize the Sycamore Mall are consistent with the Comprehensive Plan. Disposition: By a vote of 5-0 the Board approves EXC05-00005 an application submitted by Sycamore Mall for a special exception to allow the reduction of he parking requirements for property located n the Community Commercial (CC -2) zone at 1600 Sycamore 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 authori ed under the terms of the Board's decision. City Code Section 14 -4B -5E, City of Iowa City, loPA. WVV VV L11 Approved by: Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of March, 2005, as the same appears of record in my Office. Dated at Iowa City, this °r'L day of , 2005 SEAL Maria . Karr, City Clerk AA .F -.3c ID: 019777430006 Tvoe. GEN Aecorded: 06/29/2005 at 03:42:55 PM Pee Amt: $32.00 Paoe 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK3898 PG900.905 Revised— to note extended expiration period for EXC04-00028 Prepared by Tokey Boswell, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, January 12, 2005-5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Michael Wright MEMBERS ABSENT: None STAFF PRESENT: Sarah Holocek, Robert Miklo OTHERS PRESENT: William Gorman, James Clark, Tim Holman, Glenn Siders SPECIAL EXCEPTION ITEMS: 1. EXC04-00028— Public hearing regarding an application submitted by Systems Unlimited, INC. for a special exception to permit a school of specialized private instruction on property in the General Industrial (1-1) zone at 2433 South Scott Boulevard. Findings of Fact: The Board finds that the proposed use is a school of specialized private instruction, which is noted as a special exception in the 1-1 zone. The Board finds that Operations at the Systems Unlimited facility consist of a combination of administrative office functions, staff training and vocational and life skills training for persons with disabilities, including some training for light industrial work. The Board finds that the General Industrial Zone is specifically written to allow for schools of specialized instruction as long as the proposed use does not interfere with the primary uses intended for this zone. The Board finds that the proposed exception will be required to conform to all 1-1 zoning requirements when a building permit is sought. The Board finds that the property will have vehicular access to Scott Boulevard, an arterial street. Conclusions of Law: The Board concludes that all general and specific standards have been met and have been or will be met. The Board concludes that the special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception would 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. The Board concludes that establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the 1-1 zone, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that with conditions placed on approval of this special exception, adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The Board concludes that the special exception is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 4-0 the Board approves EXC04-00028, a special exception to permit a school of specialized private instruction on property in the General Industrial (1-1) Zone at 2433 South Scott Boulevard, provided that the following conditions are met: I . only one access point to the subject lot from Scott Boulevard is allowed 2. unless the existing direct street access to the US West facility will be used as an access drive for the proposed use, this existing access must be closed 3. to ensure adequate site distance and safe turning movements to and from Scott Boulevard, the location of any new access drive must be approved by the City. The Board approves the extension of the period to allow the establishment of this special exception until June of 2006 without requiring the applicant to request an extension form the Board every six months. 2. EXC04-00029 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -20) zone at 932 East Washington Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewalk than the proposed additions to this building. The Board finds that the right of way on Washington Street is wider than usually found in residential neighborhoods. The Board finds that the Comprehensive Plan encourages the remodeling of buildings such as this to make them more compatible with surrounding neighborhoods. The Board finds that this property is in Conservation Overlay zone, which requires that the Historic Preservation Commission review any major exterior changes. Conclusions of Law: The Board concludes that this is a unique situation in the fact that this is a large building surrounded by smaller buildings. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception would 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, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC - 20 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception would not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00029, an application for special exceptions to reduce the required front yard from 10 feet to 6 feet 4 inches in the areas indicated on the site plans for an addition to the existing building in the Neighborhood Conservation (RNC -20) zone located at 932 East Washington Street, subject to general conformance with the site plans submitted with the application and subject to approval of the elevation drawings by the Historic Preservation Commission. 3. EXC04-00030 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of Balconies and porches for property located in the Neighborhood Residential Conservation (RNC -20) zone at 924 East Washington Street. 1 Findings of Fact: The Board finds that properties surrounding this parcel are currently =_ ; developed, and several buildings on the block are located closer to the sidewalk -than the) i> CII CA proposed additions to this building. The Board finds that the right of way on Washington Street is wider than usually found in residential neighborhoods. The Board finds that the Comprehensive Plan encourages the remodeling of buildings such as this to make them more compatible with surrounding neighborhoods. The Board finds that this property is in a Conservation Overlay zone, which requires that the Historic Preservation Commission review any major exterior changes. Conclusions of Law: The Board concludes that this is a unique situation in the fact that this is a large building surrounded by smaller buildings. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception would 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, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC - 20 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception would not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00030, an application for special exceptions to reduce the required front yard from 10 feet to 6 feet 4 inches in the areas indicated on the site plans for an addition to the existing building in the Neighborhood Conservation (RNC -20) zone located at 924 East Washington Street, subject to general conformance with the site plans submitted with the application and subject to approval of the elevation drawings by the Historic Preservation Commission. 4. EXC04-00031 —Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -12) zone at 517 Fairchild Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewal&gAthe'->; proposed additions to these buildings. The Board finds that there are already balconies on the back of this building. The Board finds that the Comprehensive Plan encourages the R, remodeling of buildings such as this to make them more compatible with surrounding neighborhoods. Conclusions of Law: The Board concludes that the proposed balconies would be Very sn%fl and would improve the appearance of the building. The Board concludes that thffi'is a C-) unique situation in the fact that this is a large building surrounded by smaller size buildings. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception would 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, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -12 zone. The Board further concludes that provided the parking lot is landscaped and a public sidewalk is completed adjacent to the street, adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided, and that the exception will not affect ingress or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making this type of building more compatible with the smaller buildings in the neighborhood. Disposition: By a vote of 4-0 the Board approves EXC04-00031, an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies and porches for property located in the Neighborhood Residential Conservation (RNC -12) zone at 517 Fairchild Street, subject to the following conditions: 1. general conformance with the elevation drawings and site plans submitted with the application, and 2. installation of a hedge along the east side of the parking lot and a sidewalk adjacent to North Market Square. 5. EXC04-00032 — Public hearing regarding an application submitted by James Clark for a special exception to allow the reduction of the front yard to allow the erection of balconies for property located in the Neighborhood Residential Conservation (RNC -12) zone at 333 East Church Street. Findings of Fact: The Board finds that properties surrounding this parcel are currently developed, and several buildings on the block are located closer to the sidewalk than the proposed additions to these buildings. The Board finds that there are already balconies on the back of this building. The Board finds that the Comprehensive Plan encourages the remodeling of buildings such as this to make them more compatible with surrounding neighborhoods. Conclusions of Law: The Board concludes there is a peculiar situation, as this structure is a large building in a neighborhood with small buildings. There is a practical difficulty in trying to meet the needs of the City's Comprehensive Plan by trying to make the building fit better in the character of the neighborhood. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that the proposed exception would 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, nor impede the normal and orderly development and improvement of the surrounding property for uses permitted in the RNC -12 zone. The Board further concludes that adequate utilities, access roads, drainage and/or necessary - facilities have been or are being provided, and that the exception would not affect ingress: or egress or traffic congestion on public streets. The Board concludes that the proposed exception complies with the Comprehensive Plan of the City by making these buildings more compatible with the smaller buildings in the neighborhood. _ — Disposition: By a vote of 4-0 the Board approves EXC04-00032, an application fora special exception to allow the reduction of the front yard to allow the erection of balconies and N') �J porches for property located in the Neighborhood Residential Conservation (RNJ, ,l2) zone at 333 East Church Street, be approved, subject to general conformance with the site plbhs submitted with the revised elevations drawings. 6. EXC04-00033 Public hearing regarding an application submitted by Southgate Companies for a special exception to allow the reduction of the front yard setback from 20 feet to 9.5 feet to allow an addition to an existing building located in the Community Commercial (CC -2) zone at 1905 Broadway Street. Findings of Fact: The Board finds that the exception is being sought for aesthetic reasons as the shopping center is being remodeled. The Board finds that there is an extra wide right of way adjacent to this property, and that even with the reduction of the yard this building would set back a considerable distance from the Highway 6 pavement, as well as the trail which is located in front of the property. Conclusions of Law: The Board concludes that the exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board further concludes that the proposed exception would 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. The Board concludes that the establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the CC -2 zone in which such property is located, and that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board concludes that adequate utilities, drainage and access are in place, and the proposal is consistent with the Comprehensive Plan of the City. Disposition: By a vote of 4-0 the Board approves EXC04-00033 an application for a special exception to allow the reduction of the front yard setback from 20 feet to 9.5 feet to allow an addition to an existing building located in the Community Commercial (CC -2) zone at 1905 Broadway Street, subject to general conformance with the site plan dated December 16, 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 • OInI1 Approved by: r City Attor'ne'y'g Office G f_ JOHNSON COUNTY ) N --I + i I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board Of Ad J Decision herein is a true and correct copy of the Decision that was passed by the:Boafd of.\? Adjustment of Iowa City, Iowa, at its regular meeting on the 00th day of Month, 200'4, as the same appears of record in my Office. Cil Dated at Iowa City, this % day of 20W, Marian K. Karr, City Clerk CORPORATE SEAL r, STAFF PRESENT: Sarah Holecek, Robert Miklo, Jeffrey Banks OTHERS PRESENT: Gayl R. King Zeithamel, Joseph Altenhoff, Harry Wolf, Garry Sanders SPECIAL EXCEPTION ITEMS: EXC05-00011 Public hearing regarding an application submitted by Jehovah's Witnesses Iowa City for a special exception for a religious institution on property located in the Community Office (CO -1) zone at 2923 Northgate Drive. Findings of Fact: The Board finds that this property is located in the Community Office (CO -1) zone where religious institutions are allowed by special exception. The Board finds that the Commercial Office Zone provides opportunity for the development of religious institutions provided that they are developed in a way compatible with other uses allowed in the zone. The Board finds that the properties along Northgate Drive, including the proposed property, are at least one acre in size, which provides sufficient area to separate the activities on the proposed property from other properties in the vicinity and to provide adequate pedestrian and vehicular facilities. The Board also finds that peak hours of the proposed use will be evenings and weekends, so traffic will not overlap significantly with traffic to existing businesses. The Board finds that the proposed property accommodates the 70 foot wide pedestrian parkway easement required as part of development along Northgate Drive. The Board finds that adequate parking is provided in the plan for the proposed use. Conclusions of Law: The Board concludes that the proposed religious institution will not be detrimental to or endanger the public health, safety, comfort or general welfare, will not be injurious to the use and enjoyment of other property in the immediate vicinity and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board also concludes that necessary facilities to serve this use are in place. The Board concludes that the proposed use of this property is compatible with the large office and research development uses designated by the Comprehensive Plan for the area of the city around the Interstate 80 interchange. Disposition: By a vote of 5-0 the Board approves EXC05-00011, an application submitted by Jehovah's Witnesses Iowa City for a special exception for a religious institution on property located in the Community Office (CO -1) zone at 2923 Northgate Drive. _=1 Prepared by Jeffrey Banks, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356- 5230 Yom' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �- ` , DECISION Doc ID: 019777440003 TVDe: GEN PN �Paee J G, IOWA CITY BOARD OF ADJUSTMENT FeeeAmt: $17.0 1 of3343:4s WEDNESDAY, June 8, 2005 — 5 P.M. Johnson Countv Iowa Kim Painter Countv Recorder C EMMA J. HARVAT HALL BK3898 PG906-908 ` MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Ned Wood and`Michael Wright � w MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Robert Miklo, Jeffrey Banks OTHERS PRESENT: Gayl R. King Zeithamel, Joseph Altenhoff, Harry Wolf, Garry Sanders SPECIAL EXCEPTION ITEMS: EXC05-00011 Public hearing regarding an application submitted by Jehovah's Witnesses Iowa City for a special exception for a religious institution on property located in the Community Office (CO -1) zone at 2923 Northgate Drive. Findings of Fact: The Board finds that this property is located in the Community Office (CO -1) zone where religious institutions are allowed by special exception. The Board finds that the Commercial Office Zone provides opportunity for the development of religious institutions provided that they are developed in a way compatible with other uses allowed in the zone. The Board finds that the properties along Northgate Drive, including the proposed property, are at least one acre in size, which provides sufficient area to separate the activities on the proposed property from other properties in the vicinity and to provide adequate pedestrian and vehicular facilities. The Board also finds that peak hours of the proposed use will be evenings and weekends, so traffic will not overlap significantly with traffic to existing businesses. The Board finds that the proposed property accommodates the 70 foot wide pedestrian parkway easement required as part of development along Northgate Drive. The Board finds that adequate parking is provided in the plan for the proposed use. Conclusions of Law: The Board concludes that the proposed religious institution will not be detrimental to or endanger the public health, safety, comfort or general welfare, will not be injurious to the use and enjoyment of other property in the immediate vicinity and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board also concludes that necessary facilities to serve this use are in place. The Board concludes that the proposed use of this property is compatible with the large office and research development uses designated by the Comprehensive Plan for the area of the city around the Interstate 80 interchange. Disposition: By a vote of 5-0 the Board approves EXC05-00011, an application submitted by Jehovah's Witnesses Iowa City for a special exception for a religious institution on property located in the Community Office (CO -1) zone at 2923 Northgate Drive. _=1 EXC05-00012 Consider an application exception to permit a gas station and Community Commercial (CC -2) zone on submitted by Wal-Mart Stores, Inc., for a special a drive thru pharmacy on property located in the Ruppert Road. Findings of Fact: The Board finds that the proposed property is currently undergoing a rezoning process which would change the zoning from Intensive Commercial (CI -1) to Community Commercial (CC -2), and this new designation would allow retail uses on the property: The Board finds that the proposed gas station and drive thru pharmacy, both of which are auto - and/or truck -oriented uses, would require a special exception should the rezoning to Community Commercial (CC -2) occur. Board finds that, with regard to the drive thru pharmacy, traffic accessing the proposed use is separated from the main parking lot and will not cross significant pedestrian use areas. The Board also notes that traffic exiting the drive thru pharmacy will be traveling at a low rate of speed and the drive -though design appears to provide adequate visibility. The Board finds that sufficient room for queuing is provided in the proposed use so as to not impact public streets. With regard to the gas station, the Board finds that the two access driveways will be separated by approximately 120 and 180 feet from the intersection, which is appropriate space for a collector street such as this one. The main arterial street, Highway 1, will not be affected by traffic turning into or out of the gas station. The Board finds that the proposed gas station and drive thru pharmacy, as auto- and truck -oriented uses, would not be uncommon or have negative impacts in this commercial corridor. Conclusions of Law: The Board concludes that proposed use will not be detrimental to or endanger the public health, safety, comfort or general welfare, and the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board concludes that the design of the transportation infrastructure will need to be based on a traffic study that anticipates traffic increases due to increased retail as well as the proposed auto- and truck -oriented uses, and the traffic design needs to be approved by the City. The Board concludes that the proposed use of this property is compatible with the Comprehensive Plan which provides for Retail/Commercial development in this area of the city and the proposed uses are consistent with a large traffic -generating business. The Board finds that a subdivision of this property that includes appropriate, city -approved transportation and utility infrastructure will make this specific exception conform to City standards. Disposition: By a vote of 5-0 the Board of Adjustment decides that EXC05-00012, a special exception for a gas station and a drive thru pharmacy on property located in the Community Commercial (CC -2) zone on Ruppert Road be approved subject to a subdivision of the property including appropriate, city -approved infrastructure to provide appropriate vehicular access to the proposed uses. D <,a .c- 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„ /l1 V ULA_lwyL- APPro by: Maurer, Chairperson City Atto 1 e G zy-a5 STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of June, 2005, as the same appears of record in my Office. Dated at Iowa City, this day of erg« 2005 Marian -K. Karr, City Clerk CORPORATE SEAL (6b Prepared by Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240: 319/: DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 11 2005 — 5 P.M. EMMA J. HARVAT HALL I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Recorded: 06/29/20050 atT03:44:17 PM Fee Amt: $12.00 Pace 1 of 2 Johnson Countv Iowa Kim Painter Countv Recorder 13K3898 Pa909-910 MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Ned Wood and Michael Wright r: MEMBERS ABSENT: None. 5 STAFF PRESENT: Sarah Holecek, Robert Miklo - ti OTHERS PRESENT: Tim Herold and Gary Smith N SPECIAL EXCEPTION ITEMS: �=; •• y w EXC05-00008 Public hearing regarding an application submitted by Brad Anderson for a special exception to expand the existing cementitious concrete batch/mix plant to allow for the addition of a warehouse on property located in the General Industrial (1-1) zone at 3310 South Riverside Drive. Findings of Fact: The Board finds that this property is located in the General Industrial (1-1) zone where cementitious concrete batch/mix plants are allowed by special exception. The Board finds that a cementitious concrete batch/mix plant was established on this property after approval of a special exception in 1998. The Board finds that the applicant has planted the evergreen trees to screen the plant from the view of Old Highway 218 as required by the previous special exception. The Board finds that the public has raised concerns about dust being created on the unpaved portion of the driveway that provides access to this plant. With this one exception the Board finds that there have been no problems reported regarding the existing plant. The Board finds that the Comprehensive Plan designates this area as appropriate for industrial development. Conclusions of Law: The Board concludes that provided that the dust problem is alleviated the plant will not be detrimental to or endanger the public health, safety, comfort or general welfare, and the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board concludes that this use of the property is consistent with the industrial land use designation of the Comprehensive Plan for this area of the city. The Board also concludes that with the exception of the pavement of the driveway access to this property, necessary facilities to serve this use are in place. Disposition: By a vote of 5-0 the Board approves EXC05-00008 an application submitted by Brad Anderson for a special exception to expand an existing cementitious concrete batch/mix plant to allow for the addition of a warehouse on property located in the General Industrial (1-1) zone at 3310 South Riverside Drive subject to the dead or unhealthy trees being replaced, paving of the road approach from Riverside Drive east to the railroad, and good faith attempts to obtain a permission to pave the railroad crossing. EXC04-00020 Consider an extension of the expiration date for a special exception for expansion of the First Presbyterian Church to permit installation of a columbarium for property located in the Low Density Single -Family Residential (RS -5) zone at 2701 Rochester Avenue. Findings of Fact: The Board finds that the decision of the Board was filed on November 4, 2004. The Board also finds that the applicant could not pursue the construction of the facility because of litigation that is pending. Conclusions of Law: The Board concludes that due to circumstances beyond the control of the applicant, it was not able to begin construction of the previously approved expansion of the First Presbyterian Church to permit installation of a columbarium. The Board concludes that the applicant has shown good cause to extend the special exception for a period of 6 months starting after the litigation and any appeals are concluded. Disposition: By a vote of 5-0 the Board of Adjustment extends the expiration date for EXC04- 00020 a special exception for expansion of the First Presbyterian Church to permit installation of a columbarium for property located in the Low Density Single -Family Residential (RS -5) zone at 2701 Rochester Avenue for 6 months starting after the litigation and any appeals end. 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 authorizedu der the terms of the Board's decision. City Code Section 14 -4B -5E, City of Iowa City, low�i r �41 VAAAM44 X Approved by: Vincent NMurer,,Xhairpersori 7e� Wr la ityAttor ey's e 6_Zy 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 t5p Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of May, 2005, ais;the same appears of record in my Office. Dated at Iowa City, this o2' day of 12005 .'7 Marian K. Karr, City Clerk :' , ; CORPORATE SEAL Prepared by Jeffrey Banks, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356- 5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 13, 2005 — 5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Ned Wood and Michael , Wright MEMBERS ABSENT: None. STAFF PRESENT: Robert Miklo, Mitch Behr, Jeffrey Banks (planning intern) 0 OTHERS PRESENT: Paul Kalb, Gayle King Zeithamel SPECIAL EXCEPTION ITEMS: EXC05-00010 Public hearing regarding an application submitted by Paul Kalb for a special exception to allow reduction of the required 20 -foot rear yard to 5.4 feet to allow an addition to an existing single-family house located in the Medium Density Single -Family Residential (RS -8) zone at 1012 Hudson Avenue. Findings of Fact: The Board finds that the property is located in the RS -8 zone wherein a special exception is required in order to reduce the 20 -foot rear yard setback. The Board finds that the proposed addition would involve adding 54 square feet to the rear portion of the existing single- family house, an activity which will increase an existing nonconformity. The Board finds that a special exception to reduce the rear yard setback to 5.4 feet is necessary so that proposed construction may be permitted. The Board finds that this property is peculiar in that the existing house is set back approximately 78 feet from the street whereas the zoning code requires only a 20 -foot front yard setback. The Board finds that the special exception does not substantially increase the rear yard footprint of the house, and that renovation of the exterior will improve the appearance of the property. The Board finds that the proposed addition will be in character of existing houses in the area and will not detract from the general appearance of the neighborhood. Except for rear yard setback, the Board finds that the development of this property will conform to the other dimensional requirements of the zoning code. Conclusions of Law: The Board concludes that the current arrangement of the house 78 feet back from the front of the property is a peculiar situation. The Board finds that because of this peculiar situation there is practical difficulty to remodel the house without further encroaching into the rear yard. The Board concludes that the proposed reduction in rear yard setback will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board concludes that necessary facilities to serve this use are in place. The Board concludes that the proposed addition on this property is compatible with single-family character designated for the area in the Southwest District Plan and fits with the 1 Medium Density Single -Family (RS -8) zoning of the area. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt�CIIAI� Doc ID: 019904180003 Tvoe: GEN Recorded: 08/17/2005 at 08:45:44 AM Fee Amt: $17.00 Pace 1 of 3 Johnson county Ione Kim Painter county Recorder BK3927 PG337-339 %\P l� Disposition: By a vote of 5-0 the Board approves EXC05-00010, an application submitted by Paul Kalb for a special exception to allow reduction of the required 20 -foot rear yard to 5.4 feet to allow an addition to an existing single-family house located on property in the Medium Density Single -Family (RS -8) zone at 1012 Hudson Avenue subject to conformance with the submitted site plan. EXC05-00013 Public hearing regarding an application submitted by Gerry Ambrose for a reduction of the front yard from 20 to a minimum reduction necessary in order to allow front yard parking within 50 feet of a residential zone for property located in the Community Commercial (CC -2) zone at 850 Orchard Street. Findings of Fact: The Board finds that, because of the zoning boundary running down the middle of Orchard Street, which has a 66 -foot right-of-way, the proposed reduction of a required 20 -foot setback to 10 and 5 feet would bring commercial parking from developments in the Community Commercial (CC -2) zone within 50 feet of a residential (RS -8) area. Although the City typically discourages commercial development across the street from a residential area, the Board finds a peculiarity in this situation because the property directly across the street is a nonconforming commercial use. Additionally, the Board finds that the proposed lot under consideration has by default become a nonconforming parking lot which accommodates clients of the commercial area. The Board feels that additional parking for the commercial area will minimize the spillover of parked cars into neighboring residential areas. The Board finds that, in the revised plans submitted by the Applicant, there is a row of arbor vitae and 4 shade trees, features which the Board finds will provide a sufficient landscaping buffer in order to separate the parking lot from neighboring residential areas. The Board finds that the Applicant has agreed to extend the sidewalk running North/South to front the extent of his properties from 850 to 950 Orchard Street, thereby providing needed pedestrian infrastructure in the area. Conclusions of Law: The Board concludes that proposed use will not be detrimental to or endanger the public health, safety, comfort or general welfare, and the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and should not substantially diminish or impair property values in the neighborhood. The specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property. The Board concludes that the design of the parking lot will provide adequate ingress and egress for a lot of this size and will not create additional conflict points along Orchard Street. The Board concludes that the proposed use of this property is compatible with the Comprehensive Plan which provides for mixed-use development in this area. The Board finds that the proposed lot provides appropriate transportation and utility infrastructure for commercial uses in the area which would make this special exception conform to City Standards. The Board also concludes that the species of large shade trees to be planted at the site will need to be approved by the City. Disposition: By a vote of 5-0 the Board of Adjustment decides that EXC05-00013, a special exception for reduction of the front yard to a minimum distance necessary to accommodate front yard parking within 50 feet of a residential zone for property located in the -Community Commercial (CC -2) zone at 850 Orchard Street be approved subject to precise specification and approval by the City of tree species to be planted at the site. Q O 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 authorizeq,qnder the terms of the Board's decision. City Code Section 14-413-5E, City of Iowa STATE OF IOWA ) JOHNSON COUNTY ) Approved by: A /, ---W City Attorney's O ice 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 May, 2005, as the same appears of record in my Office. Dated at Iowa City, this /-,I- d� day of , 2005 Marian'K. Karr, City Clerk ERL S 0 U. c.n C:) a 0 Doc ID: 020026450003 Tvoe: GEN Recorded: 10/18/2005 at 09:08:00 AM Fee Amt: 817.00 Peas 1 of 3. Johnson Countv Iowa Prepared by Jeffrey Banks, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319 Kim Painter County Recorder 3952 PG823-825 DECISION IOWA CITY BOARD OF ADJUSTMENT FEE WEDNESDAY, August 10, 2005-5 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer and Michael Wright O o MEMBERS ABSENT: Ned Wood T�T,..C) o l� I C') T STAFF PRESENT: Robert Miklo, Sarah Holecek 0 F OTHERS PRESENT: Jeff Clark, Jim Clark3 " M _ s SPECIAL EXCEPTION ITEMS: D o 0 EXC05-00014 Public hearing regarding an application submitted by Uptown Properties for a special exception to allow off-street parking for property located at 320-322 South Johnson Street on a separate lot at 317 South Dodge Street in order to allow additional roomers in the Neighborhood Conservation Residential (RNC -20) zone at 320-322 South Johnson Street. Findings of Fact: The Board finds that the property at 320-322 Street Johnson Street is a duplex located in the RNC -20 zone. The Board finds that this property is nonconforming because it provides no off-street parking. The Board finds that the property at 317 South Dodge Street is a single family residence which is also in the RNC -20 zone and it provides the three (3) required off-street parking spaces to its tenants. The Board finds that the Zoning Ordinance contains specific standards for off-street parking located on a separate lot, and such off-site parking must be located within 300 feet of the property to be served. The Board finds that, via public sidewalk, the proposed off-street parking would create a walking distance of over 650 feet to the property being served and thus will likely invite trespassing across neighboring backyards. The Board finds no easement exists to connect the two properties in such a way as to decrease the walking distance to within an acceptable 300 -foot distance. The Board also finds no written agreement assigning the use of the proposed parking area to the property at 320-322 South Johnson in perpetuity, which is another specific standard pertaining to this situation. The Board also finds the specific standards require that off-street parking on a separate lot provide the sum total of required off-street parking for both properties, which in this situation would be a total of nine (9) parking spaces. The Board finds that the parking plan submitted by Applicant, which shows a lot with 9 parking spaces, does not comply with dimensional requirements of the zoning ordinance for parking spaces. Conclusions of Law: The Board concludes that proposed off-street parking on a separate lot will not likely be detrimental to or endanger the public health, safety, comfort or general welfare. However, the Board concludes that traversing the public sidewalk will require persons to walk over 650 feet from the parking area to the residence, therefore the proposed off-street parking will invite trespassing across neighboring properties and thereby be injurious to the use and enjoyment of property in the immediate vicinity in the absence of an access easement across the intervening properties. The Board concludes that the proposed parking will not impede the orderly and normal development of the surrounding properties for uses permitted in the zone. zone. The Board concludes the proposed use is consistent with the commercial and industrial character of the area as acknowledged in the South Central District portion of the Comprehensive Plan of the City. Disposition: By a vote of 5-0 the Board approves EXC05-00015, an application submitted by Iowa City Ready Mix for a special exception to expand the existing cement plant use with the addition of a covered structure at 1854 South Riverside Drive in the General Industrial (I- 1) zone, subject to the 50 -foot Iowa River buffer being reduced only as necessary to accommodate the proposed covered structure. VARIANCE ITEM: D —fl 1. VAR05-00001 — Public hearing regarding an application submitted by Keming n9 and-Jie Zhou for a variance to allow up to 30 roomers to occupy the building at 932 Eggs lColle9e I I Street in the Neighborhood Conservation Residential (RNC -12) zone. Findings of Fact: The Board finds that the property at 932 East College Street a3 a rooiong house in the RNC -12 zone. The Board finds that the property provides two off-street pdFrking spaces. The Board finds that the property is nonconforming because the currently allowed occupant density (13 occupants) is higher than allowed in the current RNC -12 zone or the RNC -20 zone that previously applied to the property and the property does not provide adequate parking. The Board finds that in 1997 Leighton House L.C. was granted a density variance (VAR97-0004) to allow up to 30 roomers. The 1997 variance was specifically granted to Leighton House L.C. on condition that it provides resident management in compliance with all aspects of the July 1997 Leighton House L.C. business plan. Further, to achieve restoration of the property while balancing the interests of the neighborhood, the 1997 density variance was conferred specifically to Leighton House L.C. and was not applicable to successors in title. The Board finds the applicants wish to purchase the property from Leighton House L.C. The Board finds that with 13 occupants the property at 932 East College has the highest allowed density when compared to four similar rooming house properties in the neighborhood. The Board finds the business plan submitted by the applicant was created for Leighton House L.C. in July 1997. The Board finds that the business plan, including staff biographies and financial data, does not accurately reflect the current applicants' professional experience or expected expenses/income. The Board finds that staff requested an updated business plan but the current applicants have not provided such biographical or financial data. Additionally, the Board finds that the downzoning of the subject property in the year 2000 shows a clear intent to stabilize the neighborhood. Conclusions of Law: The Board concludes that the variance granted to the current owner, Leighton House L.C., was granted under unique circumstances with many special considerations, one of which is that the variance (VAR97-0004) is not transferable to successors in title, including the current applicants. The Board concludes that these conditions were accepted by the current owner when granted and the current owner was aware of all restrictions when investing in the property. The Board concludes that the current application is essentially a request for a new variance and it must meet all applicable variance requirements. First, the Board concludes that the proposed variance will be contrary to the public interest. The Board concludes that allowing a total of thirty (30) roomers will result in additional traffic and demand for on -street parking, which will threaten neighborhood integrity and have substantial adverse effects on adjacent properties. The Board concludes that this is not in harmony with the general intent of the zoning code as expressed through the downzoning in the year 2000. The Board concludes the applicants However, the Board determines that, while the proposed parking will not likely add to traffic congestion in the area, the addition of two roomers to the South Johnson property may increase the number of cars parked in the area. The Board also concludes that this application does not comply with the specific standards for off-street parking on a separate property, as there is no written agreement assigning the use of the proposed parking are to the property at 320-322 South Johnson in perpetuity. The Board further concludes that design plans for the proposed parking area do not comply with dimensional requirements in the zoning ordinance. Disposition: By a vote of 1 to 3, with Leigh, Alexander and Wright voting no, the Board denies EXC05-00014, an application submitted by Uptown Properties for a special exception to allow off-street parking for property located at 320-322 S. Johnson Street on a separate lot at 317 South Dodge Street in order to allow additional roomers in the Neighborhood Conservation Residential (RNC -20) zone at 320-322 South 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 decision. City Code Section 14-413-5E, City of Iowa City, Iowa. APP oved-by: Vincent MaurChairperson City Att ney's is 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 August, 2005, as the same appears of record in my Office. O U t) Dated at Iowa City, this day of2005 O ` Mari n_K. Karr, City Clerk c CORPORATE SEAL Doc ID: 020026470003 TVDe: GEN Recorded: 10/18/2005 at 09:19:21 AM Fee Amt: $17.00 Pace 1 of 3 Johnson Countv Iowa Prepared by Krislopher Ackerson, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356- Kim Painter Countv Recorder BK3952 Pa826-828 DECISION rev - IOWA CITY BOARD OF ADJUSTMENT o WEDNESDAY, SEPTEMBER 14, 2005 — 5 P.M. EMMA J. HARVAT HALL D i —n MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Ned Wood jl"icheel 1' Wright Wim, s MEMBERS ABSENT: None. D � STAFF PRESENT: Sarah Holecek, Robert Miklo OTHERS PRESENT: Sarah Swartzendruber, Rob Phipps, Jim Enloe, Meg Baron, Holly Hotchkiss, Shelly McCafferty, Bu Wilson, Kyle Kwaise, Laura Parker, Helen Burford, Jim Easton, Esther Baker, Janet Ranbadonski, Michel Maharry, Hillary Sale, Ryan O'Leary, John Morrison SPECIAL EXCEPTION ITEM: 1. EXC05-00015 — Public hearing regarding an application submitted by Iowa City Ready Mix for a special exception to build a covered structure over five material hoppers and four dump trucks at a cement plant located in the General Industrial (1-1) zone at 1854 South Riverside Drive. Findings of Fact: The Board finds that the property at 1854 South Riverside Drive is currently in use as a cement plant, which is allowed by special exception in 1-1 zones. The Board finds the current use was established prior to current zoning regulations requiring a special exception for this use and, therefore, the owner never applied for a special exception for this use. The Board finds that approval of a special exception for the proposed structure will also apply to the existing use of the property and will legitimize the current cement plant in the 1-1 zone. The Board finds that the proposed construction is adjacent to the Iowa River but is outside the 100 -year floodplain and is unlikely to experience flooding. The Board finds that the proposed structure lies partially within the 50 -foot buffer of the Iowa River, which is required by specific standards of the Sensitive Areas Ordinance. The Board also finds that the proposed structure meets the criteria to reduce the natural buffer because said structure will not affect the existing buffer between the river and the cement plant, the proposed area for the structure will not expand the existing use into the buffer area, and the river bank already contains extensive vegetation for stabilization. Conclusions of Law: The Board concludes the proposed special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes the proposed changes are relatively small and will not affect the use and enjoyment of surrounding properties nor diminish property values in the neighborhood. The Board concludes the proposed addition to cover five existing material hoppers and provide cover for four dump trucks will not change the current use of the property and consequently will not have significant effect on the development of surrounding properties. The Board concludes the proposed covered structure is located away from entry and exit points on the property and will not affect ingress or egress, which are currently adequate. The Board concludes that the proposal conforms to the applicable regulations and standards of the 1-1 zone. The Board concludes the proposed use is consistent with the commercial and industrial character of the area as acknowledged in the South Central District portion of the Comprehensive Plan of the City. Disposition: By a vote of 5-0 the Board approves EXC05-00015, an application submitted by Iowa City Ready Mix for a special exception to expand the existing cement plant use with the addition of a covered structure at 1854 South Riverside Drive in the Gener ndustg (I- 1) zone, subject to the 50 -foot Iowa River buffer being reduced only as necess�9 o accommodate the proposed covered structure.y . i —n VARIANCE ITEM: F_11)^� A L� 1. VAR05-00001 — Public hearing regarding an application submitted by Kerning ��nd:te 30 to the building at 932 Eas 6I ege` — �J Zhou for a variance to allow up to roomers occupy Street in the Neighborhood Conservation Residential (RNC -12) zone. D m Findings of Fact: The Board finds that the property at 932 East College Street is a rooming house in the RNC -12 zone. The Board finds that the property provides two off-street parking spaces. The Board finds that the property is nonconforming because the currently allowed occupant density (13 occupants) is higher than allowed in the current RNC -12 zone or the RNC -20 zone that previously applied to the property and the property does not provide adequate parking. The Board finds that in 1997 Leighton House L.C. was granted a density variance (VAR97-0004) to allow up to 30 roomers. The 1997 variance was specifically granted to Leighton House L.C. on condition that it provides resident management in compliance with all aspects of the July 1997 Leighton House L.C. business plan. Further, to achieve restoration of the property while balancing the interests of the neighborhood, the 1997 density variance was conferred specifically to Leighton House L.C. and was not applicable to successors in title. The Board finds the applicants wish to purchase the property from Leighton House L.C. The Board finds that with 13 occupants the property at 932 East College has the highest allowed density when compared to four similar rooming house properties in the neighborhood. The Board finds the business plan submitted by the applicant was created for Leighton House L.C. in July 1997. The Board finds that the business plan, including staff biographies and financial data, does not accurately reflect the current applicants' professional experience or expected expenses/income. The Board finds that staff requested an updated business plan but the current applicants have not provided such biographical or financial data. Additionally, the Board finds that the downzoning of the subject property in the year 2000 shows a clear intent to stabilize the neighborhood. Conclusions of Law: The Board concludes that the variance granted to the current owner, Leighton House L.C., was granted under unique circumstances with many special considerations, one of which is that the variance (VAR97-0004) is not transferable to successors in title, including the current applicants. The Board concludes that these conditions were accepted by the current owner when granted and the current owner was aware of all restrictions when investing in the property. The Board concludes that the current application is essentially a request for a new variance and it must meet all applicable variance requirements. First, the Board concludes that the proposed variance will be contrary to the public interest. The Board concludes that allowing a total of thirty (30) roomers will result in additional traffic and demand for on -street parking, which will threaten neighborhood integrity and have substantial adverse effects on adjacent properties. The Board concludes that this is not in harmony with the general intent of the zoning code as expressed through the downzoning in the year 2000. The Board concludes the applicants 11 have not addressed how they will provide adequate parking for 30 roomers. The Board concludes the applicants have provided no information regarding their educational credentials or managerial skills or specifics on how they would implement the 1997 business plan. The Board concludes that increasing occupancy would be contrary to the objectives of the Comprehensive Plan — to stabilize and preserve the character of the neighborhood — as more than doubling the legal occupancy will increase congestion, noise, and neighborhood - wide parking problems. The Board concludes the applicants have failed to prove financial hardship as they have not submitted any financial data to prove that this property cannot yield a reasonable rate of return if used for a rooming house for 13 occupants. The Board concludes that there is nothing unique about the physical characteristics of the property that warrants special privileges to this property that other rental properties in this neighborhood do not enjoy. The Board concludes that the applicant has not submitted sufficient evidence to show the application of the Zoning Chapter to this property has resulted in an unnecessary hardship or that the high legal standards for granting a variance have been met. Disposition: By a vote of 0-4, with Wood recusing himself due to conflict of interest, the Board denies VAR05-00001, a variance application to allow up to 30 roomers for the property at 932 East College Street in the Neighborhood Conservation Residential (RNC -12) zone. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorizedu er the terms of the Board's decision. City Code Section 14 -4B -5E, City of Iowa City, lowa. Vincent 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 and o6p Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of Septemb"r)5, as the same appears of record in my Office. D Dated at Iowa City, this % day of 2005 O Maria . Karr, City Clerk CORPORATE SEAL