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