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HomeMy WebLinkAbout1988 Board of Adjustment DecisionsDECISIONS BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 13, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Messier, Winegarden, Mask, Randall, Pelton MEMBERS ABSENT: None STAFF PRESENT: Moen, Rockwell, Boyle, Reggentin SPECIAL EXCEPTION ITEMS: 1. SE -8717. Approved by a vote of 5-0, a request submitted by Daisy Harr or a special exception to reduce the minimum rear yard requirement from 20 feet to 14 feet for property located at 1220 Fourth Avenue with the condition that the approval will become effective when the lot line adjustment for Lots 5 and 6 in Block 29, which creates a separate, conforming lot for each dwelling unit, is recorded at the Johnson County Recorder's Office. SE -8718. Approved by a vote of 3-2, a request submitted by David and Nancy for a special exception to reduce the yard requirement for property located at 827 Brown Street from 60 feet from Brown Street to 54'4" from Brown Street to enable construction of an addi- tion to a detached accessory building in conformance with the site plan file stamped December 18, 1987. 0 d E D JAN 151988 MARIAN K. KARR CITY CLERK (3) r FEE DECISIONS IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 10, 1988 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Messier, Pelton, Randall, Winegarden o� 9304 FILED ii.;. 1900 FEB 26 AH 11: 2z STAFF PRESENT: Boyle (arrived at 4:40), Franklin, Hartwell ,'2 , RECORDER JOHNSOU C%J WA GUESTS PRESENT: Vinod Bhatara, Paula Brandt, Dwight Dobberstein, Christop�i K. Goertz, Carolyn Gross, John Gross, Roy Neumann, Ray Parrott, Joyce Popendorf VARIANCE ITEMS: 1. V-8801. Approved by a vote of 4-1, a request submitted by John and al rolyn Gross and Ray and Mary Parrott for a variance to allow property located in an RM -12 zone at 403-405 N. Linn Street to be used as a room- ing house for up to 20 tenants, subject to the following lease restric- tion: a. Tenants may not have cars in Iowa City unless they have leased a private parking space. (A legal description is attached herewith.) 2. V-8801. Approved by a vote of 4-1, a request submitted by John and aro yn Gross and Ray and Mary Parrott for a variance to allow property located in an RM -12 zone at 403-405 N. Linn Street to be used as a room- ing house for up to 20 tenants with no off-street parking requirements. (A legal description is attached herewith.) SPECIAL EXCEPTION ITEMS: 1. SE -8713. Approved by a 5-0 vote, contingent upon Council approval of an amendment to the Zoning Ordinance Section 36-58 regarding off-street parking requirements a request submitted by Tonita Rios for a special exception to reduce the number of required off-street parking spaces from 5 to 3 spaces for use in the CO -1 zone located at 626 E. Bloomington Street, subject to the following conditions: a. That appropriate screening, drainage, and parking surface curbing is provided. b. That the use of the property be limited to one psychiatric, medical office with secretarial support. c. That a certified copy of the specific, approved special exception be recorded at the Johnson County Recorder's office. (A legal descrip- tion is attached herewith.) 2. SE -8801. Approved by a 5-0 vote, a request submitted by the Beta Zeta ZNa­p_i:er of the Kappa Kappa Gamma House Board Corporation for a special exception to reduce the minimum front yard requirement along Lucas Street from 20 feet to 3 feet for property located in an RNC -20 zone at 728 E. Washington Street, subject to the following two conditions: a. That the modification apply only to the 25 -foot length of frontage abutting the proposed addition as shown on the site plan (filing date stamped December 14, 1987). b. That a certified copy of the special exception be recorded in the Johnson County Recorder's Office. (A legal description is attached herewith.) ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building ermitted�unndder the terms of the Board's decision. CGziFte--- Kar n Franklin, Secretary D VOL 903 pa,I 688 I` c ,3 2 51988 MARIAN K. KARR CITY CLERK (3) s 2 State of Iowa ) ) SS: Johnson County ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting held on the 10th day of February, 1988, all as the same appears of record in my office. Dated at Iowa City, Iowa this 2a day of February , 1988• Marian K. Karr, City Clerk VARIANCE ITEMS: 1. V-8801. Legal description of property located at �• oRAr� 2. V-8801. 403-405 N. Linn Street, Iowa City: S64, The South 50 feet of Lot Eight (8), Block Seventy (70), excepting the West 3 feet thereof, in Iowa City, Iowa, according to the recorded plat thereof. SPECIAL EXCEPTION ITEMS: 1. SE -8713. Legal description of property located at 626 E. Bloomington Street, Iowa City: Commencing at the Southeast corner of Lot Eight (8) in Block Twenty-eight (28) in Iowa City, according to the recorded plat thereof. Thence East forty (40) feet; thence north 72.02 feet; thence westerly to a point on the west line of said Lot 8, which is 71.27 feet North of the place of beginning; thence South 71.27 feet to the place of beginning. 2. SE -8801. Legal description of property located at 728 E. Washington Street, Iowa City. Lot Eight (8) in Block Twenty (20) in Iowa City, Iowa, according to the recorded plat thereof. VOL 293 PacE GS9 DECISIONS IOWA CITY BOARD OF ADJUSTMENT MARCH 9, 1988 FILED:'0.___._Q"7_._8 CIVIC CENTER COUNCIL CHAMBERS BOOli1lq4-UL _,7- MEMBERS PRESENT: Mask, Pelton, Randall, Winegarden 1988 NAR 14 AN 8: 23 MEMBERS ABSENT: Messier STAFF PRESENT: Boyle, Franklin, Hartwell, Rockwell Jr„+aY ., l(..f NA GUESTS PRESENT: Dave Cahill, Mary Jo Duffy, Daniel Bray, Jay Honohan, Jim Houghton, E.K. Jones, Helen Jones, Bill McCarty, Joe Murphy, Robert Ontjes, Anne Rawland, Beth Walsh SPECIAL EXCEPTION ITEMS: 1. SE -8703. Approved by a 4-0 vote, a request submitted by Trinity Christian Reformed Church to extend the expiration date of the order rendered by the Board on March 12, 1987, on an application for special exceptions to expand a religious institution in an RS -5 zone and to reduce the front yard re- quirement from 34 feet to 20 feet for property located at 2908 Raven Street to June 10, 1988. (A legal description is attached herewith.) 2. SE -8804. Approved by a vote of 4-0, a request submitted by Joe and Mary Jo Deo reduce the minimum front yard requirement along Fifth Avenue from 15 feet to 9 feet for property located in an RS -5 zone at 1906 G Street with the conditions that the modification apply only to the 40 foot length of frontage abutting the proposed addition as shown on the site plan sub- mitted (Filing Date Stamped February 18, 1988), and that the existing drive on G Street be removed and the curbing replaced. (A legal descrip- tion is attached herewith.) 3. SE -8802. Approved by a vote of 3-0-1, a request submitted by James ouFl�g fon to reduce the east side yard from 5 feet to .5 feet, and the rear yard from 20 feet to 19.2 feet, for the east portion of a lot located in an RS -8 zone at 1041 E. Burlington Street, subject to the following condi- tions: a. That the side yard and rear yard reductions apply only to the carriage house on the east 5,329 square feet of 1041 Burlington Street, known as Parcel A. b. An encroachment easement for Parcel A be recorded in the Johnson County Recorder's office. (A legal description of Parcel A is attached here- with.) 4. SE -8803. Approved by a vote of 4-0, a request submitted by Youth Homes, Inc. to establish a group care facility, a home for 10 adolescent girls for property located in the RM -145 zone at 402 S. Linn Street. (A legal de- scription is attached herewith.) SE -8803. Approved by a vote of 4-0, a request submitted by Youth Homes, Inc. to reduce parking requirements from 9 spaces to 6 spaces for property located in an RM -145 zone at 402 S. Linn Street subject to the following conditions: a. That a minimum drive of 24 feet be required for egress from parking onto Linn Street and Court Street. b. That the parking space labeled #3 on the revised site plan submitted on March 8, 1988, be designated and enforced for handicapped parking only. (A legal description is attached herewith.) ZONING ORDINANCE SECTION 36-91(c)(5) ORDERS: All orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building n. permitted under the terms of the Board's decision. 71 in Franklin, Secretary MAR 1 11988 MARIAN K. KARR VOL 394 PASL 65'1 CITY CLERK (3) 2 State of Iowa ) ) SS: Johnson County ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting held on the 9th day of March, 1988, all as the same appears of record in my office. Dated at Iowa City, Iowa this // day of 1988. Marian K. Karr, Cityty Clerk EXCEPTION ITEMS CORPORATE SEAL 1. SE -8703. Legal description for property located at 2908 Raven Street: Lot 212 Court Hill Addition, Part 3 and Land adjacent on the East, Lot 213 Court Hill Addition, Part 3, and Lot 542, Section A, Part 7 Court Hill Addition. 2. SE -8804. Legal description for property located at 1906 G Street: The West half of Lot 5 in Block 33 in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. 3. SE -8802. Legal description for property located at 1041 E. Burlington ree : Commencing at the Northeast Corner of Lot 4 of Kaufman's Addition to Iowa City, Iowa, as Recorded in Deed Record Book 16, at Paoge 40, of the Records of the Johnson County Recorder's Office; Thence S90 00'00"W, (An Assumed Bearing) along the North Line of Lot 4, 25.00 feet, to the Point of Begin- ning; Thence SOOo24'10"W, 104.39 feet; Thence S90000'00"W, 16.80 feet; Thence S00024'10"W, 65.06 feet, to a point on the South Line of said Lot 4; Thence S90000'00"W, 42.10 feet, to the Southwest Corner of the East 83.90 feet of said Lot 4; Thence N00024'10"E, 169.45 feet, to a point on the North Line of said Lot 4, at the Northwest Corner of said East 83.90 foot tract; Thence N90000'00"E, 58.90 feet, to the Point of Beginning. Said tract of land contains 8,887 square feet, more or less, and is subject to easements and restrictions of Record. 4. SE -8803. Legal description for property located at 402 S. Linn Street: West 91.7 feet, Lot 1, Block 19, County Seat Addition. �oa�p 1988 MARIAN K. KARR VOL 994 P+�E 658 CITY CLERK (3) DECISIONS IOWA CITY BOARD OF ADJUSTMENT APRIL 13, 1988 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Messier, Winegarden MEMBERS ABSENT: Pelton, Randall STAFF PRESENT: Boyle, Hartwell, Moen, Rockwell GUESTS PRESENT: Nila Haug SPECIAL EXCEPTION ITEMS: 1. SE -8806. Approved by a vote of 3-0, a request submitted by Marty Lantz and Garry Hamdorf on behalf of Max Selzer, property owner, for a special exception to allow a car wash, an auto and truck oriented use, in the CC -2 zone as proposed in the site plan dated March 21, 1988, with five subsequent revisions noted for property located at 1455 �1 South First Avenue, subject to resolution of the following items prior L q 0 �qB� to issuance of a building permit: 5 1 a. Execution of an amended sanitary sewer agreement that addresses extension of an eight inch sanitary sewer line along Lots 6, 7, P� and a portion of Lot 8 of Ohl's Subdivision. b. Evidence of executed easement agreements for: Mod/ (1) the Plamor Lanes sanitary sewer service line located on the car wash property. (}� (2) the 15 inch storm sewer pipe located partially on the Plamor Lanes property. i c. City approval of construction plans for the 8" sanitary sewer. d. City approval of a fence detail for the fence proposed along the southern property line of the car wash facility to assure that the proposed fence will not impede the flow of stormwater. (A legal description is attached herewith.) ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision. Kar n Franklin, Secretary APR 1 5 1988 MARIAN K. KARR CITY CLERK (3) a.'Iina,(/.Y . K STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting held on the 13th day of April, 1988, all as the same appears of record in my office. Dated at Iowa City, Iowa, this /_S day of aj!i� 1988. Marian K. Karr, City Clerk 0 1. SE -8807. Approved by a 5-0 vote, a special exception to reduce the minimum ron yard requirement along Dill Street for property located at 1029 Rider Street from 20 feet to between 7 feet and 11 feet with the following condi- tions: a. That the modification apply only to the construction described in the application and illustrated on the site plan submitted as part of the application and file stamped April 20, 1988. b. That the existing vegetation along the west side lot line of the property be retained and maintained to shield the addition from the view of prop- erty immediately to the west. c. That the Quitclaim Deeds modifying side yard setbacks to minimum Zoning Ordinance requirements be recorded prior to issuance of the building permit. (A legal description is attached herewith.) 2. SE -8808. Approved by a 5-0 vote, a request submitted by Todd Hackett, on ebi Tf—of Don and Lois Gannon, property owners, for a special exception to establish dwellings above the ground floor of uses located in the CI -1 zone at 731 South Clinton Street and 30 East Lafayette Street. (A legal description is attached herewith.) 3. SE -8808. Denied by a 5-0 vote, a request submitted by Todd Hackett, on behalf of Don and Lois Gannon, property owners, for a special exception to reduce the required distance between buildings located at 731 South Clinton Street and 30 East Lafayette Street from 31 feet to 15 feet. (A legal description is at- tached herewith.) 4. SE -8809. Approved by a 5-0 vote, a request submitted by Vic Zender, on behalf oT-Lel—and Yoder, property owner, for a special exception to establish an auto and truck oriented use in the CC -2 zone for property located at 1500 South First Avenue with the following conditions: a. The auto display lot is paved prior to proposed use being established. b. Existing fencing or equivalent fencing should be retained on the north and east boundaries of the auto display lot. (A legal description is attached herewith.) ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the decision is filed with the City Clerk, unless the applicant action within the six (6) month period to establish the use building/permitted under the terms of the Board's decision. Kadin Franklin, Secretary date the written shall have taken or construct the oacp MAY 1 31988 MARIAN K. KARR �� CITY CLERK (3) 3 m A/r ye CP ° i. aUro s FILED NO. DECISIONS it A BOOK/ z X_PAGE_3_0 _ IOWA CITY BOARD OF ADJUSTMENT �(o� /�✓f� MAY 11, 1988 88 BY 17 All 8:37 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Messier, Pelton, Randall, Winegarden RECORDER JOHNSON CO. -IOWA STAFF PRESENT: Boyle, Rockwell, Moen SPECIAL EXCEPTION ITEMS: 1. SE -8807. Approved by a 5-0 vote, a special exception to reduce the minimum ron yard requirement along Dill Street for property located at 1029 Rider Street from 20 feet to between 7 feet and 11 feet with the following condi- tions: a. That the modification apply only to the construction described in the application and illustrated on the site plan submitted as part of the application and file stamped April 20, 1988. b. That the existing vegetation along the west side lot line of the property be retained and maintained to shield the addition from the view of prop- erty immediately to the west. c. That the Quitclaim Deeds modifying side yard setbacks to minimum Zoning Ordinance requirements be recorded prior to issuance of the building permit. (A legal description is attached herewith.) 2. SE -8808. Approved by a 5-0 vote, a request submitted by Todd Hackett, on ebi Tf—of Don and Lois Gannon, property owners, for a special exception to establish dwellings above the ground floor of uses located in the CI -1 zone at 731 South Clinton Street and 30 East Lafayette Street. (A legal description is attached herewith.) 3. SE -8808. Denied by a 5-0 vote, a request submitted by Todd Hackett, on behalf of Don and Lois Gannon, property owners, for a special exception to reduce the required distance between buildings located at 731 South Clinton Street and 30 East Lafayette Street from 31 feet to 15 feet. (A legal description is at- tached herewith.) 4. SE -8809. Approved by a 5-0 vote, a request submitted by Vic Zender, on behalf oT-Lel—and Yoder, property owner, for a special exception to establish an auto and truck oriented use in the CC -2 zone for property located at 1500 South First Avenue with the following conditions: a. The auto display lot is paved prior to proposed use being established. b. Existing fencing or equivalent fencing should be retained on the north and east boundaries of the auto display lot. (A legal description is attached herewith.) ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the decision is filed with the City Clerk, unless the applicant action within the six (6) month period to establish the use building/permitted under the terms of the Board's decision. Kadin Franklin, Secretary date the written shall have taken or construct the oacp MAY 1 31988 MARIAN K. KARR �� CITY CLERK (3) 3 m A/r ye State of Iowa SS: Johnson County 2 u R R U MAY 1 31988 MARIAN K. KARR CITY CLERK (3) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 11th day of May, 1988, all as the same appears of record in my office. Dated at Iowa City, Iowa, this /,I day of 22Z��_, 1988. 4,1 ov Maria K. Karr, City Clerk 0 11- SPECIAL EXCEPTION ITEMS: CD 1. SE -8808. Legal description of property located at 1029 Rider Street, Iowa c,ty: Lot Two (2), Block Four (4), Chautauqua Heights, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Except: Commencing at the southeast corner of Lot 2, in Block 4 in said Chautauqua Heights, thence north 50 feet, thence west 14 feet, thence south 50 feet, thence east 14 feet to the place of beginning. The East 60 feet of Lot 3 in Block 4, in Chautauqua Heights, Johnson County, Iowa, according to the plats thereof recorded in Plat Book 1, page 124, and in Plat Book 1, page 148, Plat Records of Johnson County, Iowa. Also all that parcel of ground being formerly known as Front Street lying immediately South of and abutting on said East 60 feet of lot 3; also commencing at the Southeast corner of lot 2 in Block 4 in said Chautauqua Heights, thence North 50 feet, thence West 14 feet, thence South 50 feet, thence East 14 feet to the place of beginning. Also a right-of-way over the following described tract: Commencing 50 feet north of the Southeast corner of Lot 2 in Block 4 in said Chautauqua Heights, thence north 25 feet, thence west 14 feet, thence south 25 feet, thence east 14 feet to the place of beginning. Beginning at the northeast corner of Lot one (1) in Block four (4) in Chautauqua Heights, Johnson County, Iowa, thence southeasterly along the easterly line of said Lot 1, Block 4, to the southeast corner of Lot 1, Block 4, thence in a southerly direction parallel with the easterly line of said Lot 3, Block 4, 150 feet, more or less, to the northerly line of the right-of-way of the Cedar Rapids & Iowa City Railway & Light Company, thence westerly along the northerly line of said right-of-way 10 feet, thence in a northerly direction parallel with the easterly line of said Lot 3, Block 4, 150 feet, more or less, to the northerly line of said Lot 3, block 4, thence in a northwesterly direction parallel with the easterly line of said Lot 1, Block 4, to the northerly line of said Lot 1, Block 4, thence northeasterly along the southerly line of Dill Street, 10 feet to the point of beginning; subject to easements and restrictions of record for right-of-way and driveway purposes, as now existing. Also, including the following described tract: Commencing at the Southeasterly Corner of Lot 3, in Block 4, in Chautauqua Heights, Iowa City, Iowa; Thence S08003'45"W, along the projection of the Easterly Line of said Lot 3, 50.00 feet, to the Northerly Right - of -Way Line of the Cedar Rapids and Iowa City Railway and Light Company; Thence N81050'00"W, along said Northerly Right -of -Way Line, 70.00 feet; Thence N08003'45"E, 150.00 feet, to the Northerly Line of said Lot 3, which is the Point of Beginning; Thence N81050'00"W, 5.23 feet; Thence N08049'25"W, 139.39 feet, to a point on the Southerly Right -of -Way Line of Dill Street; Thence N77002'31"E, along the Southerly Right -of -Way Line of Dill Street, 5.01 feet; Thence S08049'25"E, 141.28 feet, to the Point of Beginning. 1 J 307 .A. t Excepting therefrom the following described tract: Commencing at the Southeasterly Corner of Lot 3, in Block 4, in Chautauqua Heights, Iowa City, Iowa; Thence S08103'45"W, along the projection of the Easterly Line of said Lot 3, 50.00 feet, to the Northerly Right - of -Way Line of the Cedar Rapids and Iowa City Railway and Light Company; Thence N81050'00"W, along said Northerly Right -of -Way Line, 65.00 feet to the Point of Beginning; Thence N81 50'00"W, along said Northerly Right -of -Way Line, 5.00 feet; Thence N08003'45"E, 150.00 feet, to the Northerly Line of said Lot 3; Thence S81050'00"E, on the Northerly Line of said Lot 3, 50.00 feet; Thence S08003'45"W, 150.00 feet to the Point of Beginning. 2, 3. SE -8808. Legal description of property located in the northwest quadrant of T intersection of Lafayette and Clinton streets, Iowa City: Part of Lot 2, Lot 3 and 4 of Block 16 County Seat Addition, Iowa City, Iowa (29, 175 sq. ft.). SE -8809. Legal description of property located at 1500 South First Avenue, Iowa City: Commencing at the Southeast corner of Section 14, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOo00'00"W, 350.38 feet along the East line of Lot 2, Ohls Subdivision, to the Northeast corner of said Lot 2; Thence S68057'40"W, 270.90 feet along the Northerly line of said Lot 2 to the Point -of -Beginning; thence N21002'20"W, 36.09 feet to a point on the South Right -of -Way line of 1st Avenue; Thence North- easterly, along the South Right -of -Way line of 1st Avenue 128.67 feet along a 804.00 foot radius curve concave Northwesterly and whose 128.53 foot chord bears N47008'37"E, Thence S47026'28"E, 1.65 feet; Thence S20059'40"E, 104.38 feet; Thence S68057'40"W, 65.98 feet; Thence N88052'21"W, 58.31 feet to the point of beginning, all in accordance with recorded plats. PRAM MAY 1 31988 MARIAN K. KARR 310 s CITY CLERK (3) 3 ; 3 a py ty DECISIONS IOWA CITY BOARD OF ADJUSTMENT JUNE 8, 1988 - 4:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT STAFF PRESENT VARIANCE ITEM: Mask, Randall, Winegarden Messier, Pelton Boyle, Moen, Rockwell, Michel 0 1 E M JUN 1 31988 MARIAN K. KARR CITY CLERK (3) 1. V-8804. Denied by a 0-3 vote on an affirmative motion, a request submitted �zik-Sayers Honda for a variance to permit a freestanding sign which exceeds the size limits for freestanding signs in the CI -1 zone for prop- erty located at 2343 Mormon Trek Boulevard. (A legal description is at- tached herewith.) SPECIAL EXCEPTION ITEMS: 1. SE -8811. Denied by a 0-3 vote on an affirmative motion, a request submit- e�c �yobert Happel on behalf of Linda Long, property owner, for a special exception to reduce the minimum front yard requirement of the RS -5 zone for property located at 2001 Union Road. (A legal description is attached herewith.) 2. SE -8813. Approved by a 3-0 vote, a request submitted by William and Doris Preucil for a special exception to permit the expansion of a school of specialized private instruction in the RM -12 zone with the following condi- tions: a. The applicant's acquisition of the City right-of-way to the south. b. A parking lot provided on the site with a minimum of six parking spaces while assuring the protection of existing, mature trees. (A legal description is attached herewith.) The June 8, 1988, meeting of the Iowa City Board of Adjustment was continued to 10:00 AM on Thursday, June 9, 1988 to consider application SE -8810, a request submitted by H.D. Hoover for special exceptions for property located at 612 North Dubuque Street. cf' IIOWASIONS CIITY BOARD OF ADJUSTMENT FEE ` O/ FILED N0 133 7'IJ JUNE 9, 1988 - 10:00 ANI B00li CIVIC CENTER COUNCIL CHAMBERS -P"1OE MEMBERS PRESENT: Mask, Randall, Winegarden 88 JUN 14 All 8: 20 MEMBERS ABSENT: Messier, Pelton STAFF PRESENT: Moen, Michel SPECIAL EXCEPTION ITEM: JOHNSON RECORDER 1. SE -8810. Approved by a 3-0 vote, a request for a special exception to reduce the minimum rear yard requirement of the RM -44 zone for property located at 612 N. Dubuque Street from 20 feet to 2.93 feet to permit con- struction of an accessory structure as illustrated on the site plan file stamped May 19, 1988, subject to conditions and for a special exception to reduce the required rear yard setback from 3 feet to 1 foot for an acces- sory structure illustrated on the May 19, 1988 site plan and located on the same property subject to conditions. Both special exceptions are approved subject to the following conditions: a. Submission of evidence of an executed access easement agreement to allow construction and maintenance of the east wall of the proposed garage prior to receipt of a building permit. b. Attachment of a rain gutter along the east side of the garage and directing the downspout onto the property at 612 North Dubuque Street. VOL 1007 PAGE 451 ' DECISIONS IOWA CITY BOARD OF ADJUSTMENT JUNE 8, 1988 PAGE 2 c. Construction of the entire building to the one (1) hour fire wall standard. ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the date a written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building p)ermitted under the terms of the Board's decision. Ka7 Franklin, Secretary STATE OF IOWA SS: ^ JOHNSON COUNTY ORPORATE Q I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do her ��c Lify that the Board of Adjustment Decisions attached hereto are a true and correct copy of a the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 8th day of June, 1988, and continued to the 9th day of June, 1988, all as the same appears on record in my office. Dated at Iowa City, Iowa, this.day of ,� 1988. Marian K. Karr, City Clerk VARIANCE ITEMS: 1. V-8804. Legal description of the property located at 2343 Mormon Trek Bo�vard, Iowa City: Lots 36, 37 and 38, West Side Park, Iowa City, Iowa. SPECIAL EXCEPTION ITEMS: 1. 5E-8811. Legal description of the property located at 2001 Union Road, Iowa City: Lot 20, Fair Meadows Addition, Replat of Units 1, 2, 3. 2. SE -8813. Legal description of the property located at 524 N. Johnson Street, Iowa City: The South 60 feet of Lot 4, Block 30, O.T., Iowa City, Iowa. 3. SE -8810. Legal description of the property located at 612 North Dubuque Street, Iowa City: South half of the North 90 feet of Lot 5 and the South half of the North 90 feet of the West 10 feet of Lot 6 in Block 72 Iowa City, Iowa, according to the recorded plat thereof. VIL '-97 na 452 DECISIONS FEE10b- IOWA CITY BOARD OF ADJUSTMENT JULY 13, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Messier, Pelton, Winegarden MEMBERS ABSENT: Randall STAFF PRESENT: Boyle, Rockwell, Michel SPECIAL EXCEPTION ITEM: BOOKD 110! PAGE��s 88 JUL 18 AM 8: 14 RECORDER J)HNSMN CO -10WA 1. Approved by a 4-0 vote, a request submitted by Stefan and Sheri Foster for a special exception to modify the yard requirement along Sycamore St. from 20 feet to 5 feet to allow construction of an 8 foot high fence for property in the RS -5 zone at 1514 Spruce St., subject to the following conditions: a. That the reduction be restricted to the location of the fence. All other buildings and structures are subject to the setback requirements of the RS -5 zone. b. That the special exception apply only to the fence and continue to be valid as long as the fence is not enlarged, extended or otherwise expanded. The fence may be removed, reduced in height or set back further from Sycamore St. [A legal description is attached herewith.] VARIANCE ITEM: 1. V-8805. Denied by a 0-3-1 vote (Messier abstained) on an affirmative motion, a request submitted by Tom Yates and Gloria Escarza for a variance to increase the density of a lot in the RS -8 zone for property located at 703 George St. [A legal description is attached herewith.] ZONING ORDINANCE SECTION 36-91felf5l ORDERS: All orders to the Board shall expire six (6) months from the date a written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision. STATE OF IOWA ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the Decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 13th day of July, 1988, all as the same appears on record in my office. Dated at Iowa City, Iowa, this day of 1988. RA Martan K. Karr, City Clerk U JUL 141988 tj01 1 At SEAL MARIAN K. KARR CITY CLERK (3) mIM PA,E 401 Page 2 SPECIAL EXCEPTION ITEM: 1. SE -8814. Legal description of the property located at 1514 Spruce St., Iowa City: Lot 26, Mark Twain Addition to Iowa City, Iowa. VARIANCE ITEM: 1. V-8805. Legal description of the property located at 703 George St., Iowa City: Lot 1 in plat of subdivision in the northwest 1/4 of Section 16, Township 79 North, Range 6 West of the. 5th P.M., recorded in Plat Book 4, page 315. VOL 1M PmE 4,02 ` ` V DECISIONS IOWA CITY BOARD OF ADJUSTMENT o AUGUST 10, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Messier, Randall, Winegarden MEMBERS ABSENT STAFF PRESENT VARIANCE ITEMS: Mask, Pelton !_812 FILED NO. �10 EcomlQ21_PAGE 88 AUG 19 AH 8: 47 JOh.-I�Uh! CII,') Franklin, Moen, Rockwell, Michel, Boyle (arrived at 4:40) 1. V-8806. Approved by a 3-0 vote, a request submitted by Thor, Inc. for a variance to modify the Sign Regulation requirements of the Zoning Ordinance for property located at 1445 Boyrum Street to permit a drive-thru restaurant menu sign not to exceed a total square footage of 28 square feet. [A legal description is attached herewith.] 2. V-8807. Denied by a 2-1 vote on an affirmative motion, a request submitted by Express Stop to modify the Sign Ordinance requirements of the CH -1 zone for property located at 2545 North Dodge. SPECIAL EXCEPTION ITEMS: 1. SE -8815. Approved by a 3-0 vote, a request submitted by Northgate Development Company to permit a childcare facility as a use in the CO -1 zone for property located at 2717 Northgate Drive subject to compliance with all City ordinances and in accordance with the site development plan submitted on July 29, 1988, with the condition that the site plan be revised to comply with Section 36-73, regulating the placement of trees along the right-of-way. [A legal description is attached herewith.] 2. 5E-8816. Approved by a 3-0 vote, a request submitted to establish an auto and truck oriented use, a car wash and mini -lube facility, as generally proposed on the site plan dated August 9, 1988, for property located at 1455 South First Avenue. Approval of the use should not be construed as a commitment on the part of the City to issue a building permit, unless the site plan submitted demonstrates compliance with all City ordinances. [A legal description is attached herewith.] ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders of the Board shall expire six (6) months from the date a written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or constraint of the building permit under the terms of the Board's decision. 41in Franklin, Secretary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment decisions attached hereto are a true and correct copy of the decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 10th day of August, 1988, all as the same appears on record in my office. Dated at Iowa City, Iowa, this 17 day of 1988. AUG 17 1988 Marian K. Karr, City Clerk MARIAN K. KARR vm-11C121 rArx 468 CITY CLERK (3) DECISIONS IOWA CITY BOARD OF ADJUSTMENT AUGUST 10, 1988 PAGE 2 VARIANCE ITEMS: 1. V-8806. Legal description of the property located at 1445 Boyrum Street, Iowa City: Lot 2, Boyrum Subdivision Part 3, Iowa City, Iowa, Tract in SW SE 15-79-6. SPECIAL EXCEPTION ITEMS: 1. SE -8815. Legal description of the property located at 2717 Northgate Drive, Iowa City: West 200.12 feet of Lot 18, Highlander Development, First Addition. 2. SE -8816. Commencing at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00°00'00"W, 677.88 feet, as Recorded in Plat Book 8, at Page 38 of the Records of the Johnson County Recorder's Office; Thence S68°55'30"W, 204.46 feet, to the Southeast Corner of Lot 6, of a Resubdivision of Lot 4, Ohl's Subdivision, Iowa City, Iowa; Thence S68055'30"W, along the Southerly Line of said Lot 6, 176.75 feet, to the Point of Beginning; Thence N32°03'58"E, 224.82 feet, to a point on the Southerly Right -of -Way Line of Mall Drive; Thence Southeasterly, 150.15 feet, along said Right -of -Way Line, on a 502.50 foot radius curve, concave Northeasterly, whose 149.59 foot chord bears S61043'48"E; Thence S70017'25"E, along said Right -of -Way Line, 15.95 feet, said point being the intersection of said Right -of -Way Line with the Northwesterly Right -of -Way Line of First Avenue; Thence Southwesterly 209.08 feet, along the Northwesterly Right -of -Way Line of First Avenue, on a 724.00 foot radius curve, concave Northwesterly, whose 208.36 foot chord bears S29°32'32"W, Thence N67°42'44"W, 176.58 feet, to the Point of Beginning. Said tract of land contains 37,088 square feet, more or less, and is subject to easements and restrictions of Record. �oaEM AUG 1 71988 MARIAN K. KARR CITY CLERK (3) VOL 1021 PA,E 1� ;? DECISIONS IOWA CITY BOARD OF ADJUSTMENT OCTOBER 12, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: APPEAL ITEM: Messier, Pelton, Randall Mask, Winegarden �r'0- FEE FILED NO - 3 0 0 K, 0.300K� ''='1 88 OCT 17 AM AM 8p�: 322 Boothroy, Boyle, Franklin, Rockwell, Miche Oili DER i 60 -IOWA 1. Approved by a 3-0 vote, a request submitted by Dr. Bruce Sprague to appeal the decision of the City Building Official regarding the commercial use of a property located in the RM -12 zone at 332 North Van Buren Street subject to the following conditions: a. Appellant apply for permits and pay fees to bring the property at 332 North Van Buren Street into compliance with the current Code. b. Appellant given six months to comply with all ordinance requirements. [A legal description is attached herewith.] SPECIAL EXCEPTION ITEMS: 1. SE -8819. Approved by a 3-0 vote, a request submitted by James Harris to reduce the side yard requirement in the RS -5 zone from five feet to three feet along the 31' length of the attached garage proposed to be constructed as shown on the site plan dated 8-4-88 for property located at 828 Rider Street. [A legal description is attached herewith.] 2. SE -8820. Approved by a 3-0 vote, an application submitted by Gaylord Container Company for Harold and Carolyn Dickey to establish 15,000 sq. ft. of a light manufacturing use in the CI -1 zone for property located at 1213 South Gilbert Court. [A legal description is attached herewith.] ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders to the Board shall expire six (6) months from the date a written decision is filed with the City Clerk, unless applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision. klin, Secretary VOL 1031 Pa6E 264 DECISIONS IOWA CITY BOARD OF ADJUSTMENT OCTOBER 12, 1988 PAGE 2 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment decisions attached hereto are a true and correct copy of the decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 12th day of October, 1988, all as the same appears on my records in my office. Dated at Iowa City, Iowa, this —/J day of &e -- 1988. Marian <. R� SEAL SPECIAL EXCEPTION ITEMS: 1. SE -8819. Legal description of the property located at 828 Rider Street, Iowa City: S 150' Lot 2, Block 8; Chatauqua Heights Addition to Iowa City. 2. 5E-8820. Legal description of the property located at 1213 South Gilbert Court, Iowa City: Lots 4, 5, and 6, Highland Park Addition to Iowa City. APPEAL ITEM: 1. A-8801. Legal description of the property located at 332 North Van Buren Street, Iowa City: Beginning at the Northwest corner of Lot 4 in Block 37, in Iowa City, Iowa, according to the recorded plat thereof; thence South 37-1/2 feet; thence East 65 feet; thence North 37-1/2 feet; thence West 65 feet to the place of beginning. Also, the South 37-1/2 feet of the North 75 feet of the West 53 feet of Lot 4, Block 37, Iowa City, Iowa, according to the recorded plat thereof. ;YOL 1031,fAu 265 STAFF PRESENT: Boyle, Rockwell, Michel SPECIAL EXCEPTION ITEM: 1. 5E-8822. Approved by a 4-0 vote, an application submitted by Curry Brandaw Architects for Braverman Development Company for a special exception to reduce off-street parking requirements by 41% from 102 off-street parking spaces to 60 for the proposed use of the property located at the southwest quadrant of the Mormon Trek Blvd. and Walden Road intersection subject to the following condition: A. The designation for "60 FUTURE PARKING SPACES" be deleted from the revised site plan. 5E-8822. Legal description of the property located at the southwest quadrant of the Mormon Trek Blvd. and the Walden Rd. intersection. A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian described as: Commencing at the northeast corner of the northwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence SO°38'44"E- 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, accord- ing to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence S89021'16"W - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1 along a 304.49 foot radius curve concave northerly to a point that lies N82°46'14"W- 83.44 feet of the last described point; thence N74°53'44"W - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies S58°06'16"W - 115.80 feet of the last described point; thence S11°06'16"W - 51.00 feet along said south line of Walden Ridge, Part 1; thence N82°08'44"W - 50.08 feet along said south line of Walden Ridge, Part 1; thence S11°06'16"W - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies S28°44'22"W - 93.34 feet of the last described point; thence S43037'33"E - 103.19 feet; JUL C,35 %k 230 FEE C 6434 FILED NO. DECISIONS po 16 900 K1 �t ��PAGE� IOWA CITY BOARD OF ADJUSTMENT 88 NOV 16 hN 8: 33 NOVEMBER 9, 1988 - 4:30 PM CIVIC CENTER COUNCIL CHAMBERS 2a �m n1/F MEMBERS PRESENT: Pelton, Randall, Winegarden, Mask (arrived at=4:-_45: PM)'n.1%+ MEMBERS ABSENT: Messier STAFF PRESENT: Boyle, Rockwell, Michel SPECIAL EXCEPTION ITEM: 1. 5E-8822. Approved by a 4-0 vote, an application submitted by Curry Brandaw Architects for Braverman Development Company for a special exception to reduce off-street parking requirements by 41% from 102 off-street parking spaces to 60 for the proposed use of the property located at the southwest quadrant of the Mormon Trek Blvd. and Walden Road intersection subject to the following condition: A. The designation for "60 FUTURE PARKING SPACES" be deleted from the revised site plan. 5E-8822. Legal description of the property located at the southwest quadrant of the Mormon Trek Blvd. and the Walden Rd. intersection. A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian described as: Commencing at the northeast corner of the northwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence SO°38'44"E- 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, accord- ing to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence S89021'16"W - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1 along a 304.49 foot radius curve concave northerly to a point that lies N82°46'14"W- 83.44 feet of the last described point; thence N74°53'44"W - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies S58°06'16"W - 115.80 feet of the last described point; thence S11°06'16"W - 51.00 feet along said south line of Walden Ridge, Part 1; thence N82°08'44"W - 50.08 feet along said south line of Walden Ridge, Part 1; thence S11°06'16"W - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies S28°44'22"W - 93.34 feet of the last described point; thence S43037'33"E - 103.19 feet; JUL C,35 %k 230 2 thence N89°21'16"E - 186.00 feet; thence N44°21'16"E - 77.85 feet; thence N89°21'16"E - 241.72 feet to a point on the east line of said quarter quarter and centerline of Mormon Trek Boulevard, said point lying NO°38'44"W- 293.73 feet north of the northeast corner of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence N0038'44"W - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres including 0.75 acres of street R.O.W. ZONING ORDINANCE SECTION 36-910(5) ORDERS: All orders to the Board expire six (6) months from the date a written decision is filed with the City Clerk, unless applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Boards decision. ywot& Kari Franklin, Secretary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 9th day of November, 1988, all as the same appears on my record in my office. Dated at Iowa City, Iowa, this day of 1988. :�2� -A'' CORPORATE SEAL Marian K. Karr, City Clerk VOL 1035 PA. M1 DECISIONS IOWA CITY BOARD OF ADJUSTMENT DECEMBER 14, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS S� FILED 'r10. 7631 9 OK./_L234�)DACE Q,- 88 DEC 20 PM 1: 25 MEMBERS PRESENT: Mask, Randall, Winegarden, Pelton (arrived p.m.), Messier (arrived at 4:35 p.m.) STAFF PRESENT: Rockwell, Michel SPECIAL EXCEPTION ITEM: at 4:33 1. SE -8823. Approved by a 5-0 vote, a request submitted by Iowa - Illinois Gas and Electric Company to permit construction of a 3,000 square foot pole building in the I-1 Zone for property located at 1630 Lower Muscatine Road. [A legal description is attached herewith.] ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS: All orders to the Board shall expire six (6) months from the date a written document is filed with the City Clerk, unless applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision. Melody ock�ell, cretary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Io-;ra, do hereby certify that the Board of Adjustment Decisions attached hereto are a true and correct copy of the decisions which were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 14th day of December, 1988, all as the same appears on my records in my office. Dated at Iowa City, Iowa, this day ofea_,,.�e,J 1988. At SEAL Mari ailr K. K�, City Clerk C®RPpR SPECIAL EXCEPTION: 1. SE -8823. Legal description of the property located at 1630 Lower Muscatine Road: Commencing at the Southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M. Thence North 893.07 feet along the East line of said Section 14 to the intersection of said East section line with the South line of the C.R.I. & P. Railway Company right-of-way; thence N61°59'35"W, 1,827.5 feet to the point of the beginning; thence N61°59'35"W, 1,232.8 feet; thence S0042'50"W, 789.49 feet to the center line of Lower Muscatine Road; thence S42°43'25"E along said Road 198.50 feet; thence N48°15'15"E, 201.50 feet; thence S42°43'25"E, 375.89 feet; thence N48°15'15"E, 748.48 feet to the point of beginning; E SM parcel contains 20.96 acres. T P DE �C 19 1988 MARIAN K. KARR CITY CLERK (3) i1. L