HomeMy WebLinkAbout1989 Board of Adjustment DecisionsFILED NO. 8495
BOOK/,q{_J3—PAGE J.�
DECISIONS 89 JAN 13 AN 8: 05
BOARD OF ADJUSTMENT
JANUARY 11, 1989 - 4:30 P.M. ;y r
CIVIC CENTER COUNCIL CHAMBERS
�YRECORDER
MEMBERS PRESENT: Clemens, Pelton, Winegarden, Messier (arrivdH9teV431e71A
P.M.)
MEMBERS ABSENT: Mask
STAFF PRESENT: Moen, Rockwell, Michel
SPECIAL EXCEPTION ITEMS:
1. SE -8821. Approved by a 4-0 vote, a request submitted by S&M Partners
- John Moreland, Jr. for a special exception to permit dwelling units
above the ground floor of a principal use located in the CC -2 zone
for property located at 1476 First Avenue subject to the following
conditions:
a. That the residential use be buffered from adjacent industrial
zones by not allowing windows on the north side of the building,
and by requiring sufficient plantings for an adequate screen
along the east edge of the property, and
b. That the site plan be revised to comply with the tree placement
regulations for parking areas and for residential usage.
(A legal description is attached herewith.)
2. SE -8824. Approved by a 4-0 vote, a request submitted by Hodge
Construction on behalf of Lepic-Kroeger Trust Account for a special
exception to permit dwelling units above the ground floor of a
principal use located in the CC -2 zone for property located at 711
South Gilbert Street subject to the following conditions:
a. Commercial use of the ground floor of the building as a business
service establishment with accessory parking and storage or any
other permitted use in the CC -2 zone.
b. Signage designating residential parking.
(A legal description is attached herewith.)
3. SE -8825. Approved by a 4-0 vote, a request submitted by the
University of Iowa Community Credit Union on behalf of Claudia A.
Gegenheimer, Sheila A. Johnson and Robert A. Shellady, Property
Owners, for a special exception to establish an auto and truck
oriented use as proposed in the site plan file stamped December 30,
1988, for property located at 2525 Muscatine Avenue subject to the
following condition:
a. That an "exit only" sign be placed near the southern William
Street access drive to the facility.
(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 to establish the use or construct
the building permitted under the terms of the Board's decision.
Mel od V Rookg-retary
F 0 L E D
JAN 1 G 1989
MARIAN K. KARR
CITY CLERK (1)
vOt, PASc 175
DECISIONS
BOARD OF ADJUSTMENT
JANUARY 11, 1989
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 of the 11th day of
January, 1989, all of the same appears on my records in my office.
Dated at Iowa City, Iowa, this /� day of 1989.
CORPORATE SEAL Maria'h- K. Karr, City Clerk
SPECIAL EXCEPTION ITEMS:
SE -8821. Legal description of the property located at 1476 First
Avenue:
Beginning at the concrete monument which marks the
corner common to Sections 13, 14, 23, 24, Township 79
North, Range 6 West of the 5th P.M. thence due north
144.24 feet along the east line of Lot 2 Ohls
Subdivision, Iowa City, Johnson County, Iowa; thence
North 89°58'40" East, 176.00 feet; thence South
27°53'40" West, 375.31 feet; thence North 00°05'20"
West, 136.38 feet; thence North 00°05'20" West, 51.05
feet along the east line of Lot 2, Ohls Subdivision to
the point of beginning; excepting therefrom the
following tract:
Beginning at the concrete monument which marks the
corner common to Sections 13, 14, 23 and 24, Township
79 North, Range 6 West of the 5th P.M. thence South 10
feet along the east line of Lot 2, Ohl's Subdivision,
Iowa City, Johnson County, Iowa, to the place of
beginning; thence, continuing in a southerly direction
along the section line, South 0°5'20" East 177.43 feet
to a point; thence North 27053'40" East 160 feet;
thence North 64°25'00" West 83.35 feet more or less to
the point of beginning, and is subject to easements
and restrictions of Record.
2. SE -8824. Legal description of the property located at 711 South
Gilbert Street:
Lot 3, Block 22, County Seat Addition, Iowa City,
Iowa.
5E-8825. Legal description of the property located at 2525 Muscatine
Avenue:
A portion of the W 1/2 SW 1/4 of Section 13, Township
79 North, Range 6 West of the 5th P.M., Johnson
County, Iowa, described as follows: Commencing at the
Northwest corner of the SW 1/4 of said Section 13;
thence East along the North line of said SW 1/4, 700
feet, being the place of beginning; thence South
parallel to the West line of said section 13, 240
feet; thence East parallel to the North line of said
SW 1/4, 160 feet; thence North parallel to the West
line of said Section 13, 240 feet to a point on the
North line of said SW 1/4; thence West along the North
line of said SW 1/4, 160 feet to the place of
beginning, except the North 40 feet there of which is
used for public highway and utilities.
Subject to easements of record and subject to all
restrictions.
VO!.1.043 Wjs pis
DECISIONS
BOARD OF ADJUSTMENT 0 f1 E D
MARCH 8, 1989 - 4:30 P.M.L-
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Clemens, Pelton, Winegarden, Mask 13 i989
MARIAN K. KARR
MEMBERS ABSENT: Messier CITY CLERK (1)
STAFF PRESENT: Rockwell, Lazenby
SPECIAL EXCEPTION ITEMS:
1. 5E-8812. Denied by a 1-3 vote on an affirmative motion, a request submitted by Merlin
Hamm for a special exception to modify the front yard requirement of the RS -5 Zone for
five lots within the Samuel Drive Subdivision, generally located west of Oaklawn Avenue
on Samuel Drive extended.
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 applicants shall have taken action with the six (6) months to
establish the use or construct the building permitted under the terms of the Board's
decision. -
1L�.4"17.;:
FlLL7 fJn._.
Meloq Rock el Secretary 89 P 17 AN 8: 17
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
8th day of March, 1989, all of the same appears on my records in my office.
Dated at Iowa City, Iowa, this 13 day of 22� , 19 P -
Mari'an K. Karr, City Clerk
SPECIAL EXCEPTION ITEMS:
1. SE -8812. Legal description of the property
Drive extended:
COIRVOfgE SM
located west of Oaklawn Avenue on Samuel
Samuel Drive Subdivision, Lots 1-5, Iowa City, Iowa.
vk 1%- 4 nfj, '427
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
APRIL 12, 1989
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
SPECIAL EXCEPTION ITEM:
Mask, Pelton, Winegarden,
Clemens, Messier
Gentry, Rockwell, Michel
1. SE -8901. Approved by a 3-0 vote, a special exception to reduce the minimum front
yard requirement along Hutchison Avenue from 15 feet to 12 feet 8 inches for property
located in an RS -5 zone at 604 Park Road with the following condition:
a. That the modification apply only to the 23 foot length of frontage abutting the
proposed garage as shown on the site plan submitted as part of the application
filing date stamped March 22, 1989. [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 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.
114r1S.
Melo y� ockwell,-S�crt. ary
89Ar, R 17 AN 8� 17
STATE OF IOWA
) SS:
JOHNSON COUNTY) JOiIY"sOPiC9.•la`
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 April, 1989, all of the same appears on record in my office.
Dated at Iowa City, Iowa, this _LL day of*- e , 1989.
� R�"O ATE SEAL
Marian K. Karr, City Clerk
SPECIAL EXCEPTION ITEM:
SE -8901. Legal description of the property located at 604 Park Road, Iowa City:
Commencing 60 feet west of the Southwest Corner of Block J, Black's Park Addition
to Iowa City, Iowa, thence West 100 feet, thence North 320 feet to the point of
beginning as recorded in Deed Book 868, Page 128 of the Records of the Johnson
County Recorder's Office.
VOL 1G-511 IA',- 428
_
DECISIONS FEE
�
IOWA CITY BOARD OF ADJUSTMENT U
MAY 10, 1989
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Clemens, Mask, Messier, Pelton, Winegarden
Alui�e
baa kw
MEMBERS ABSENT: None 12492
FILED N0.
STAFF PRESENT: Rockwell, Neff Q90Kj�0 PAG�„�;,i
OTHERS PRESENT: John Brandt, Robert Michael 89 HAY 1 5 AN 8: 2-33
SPECIAL EXCEPTION ITEM: 0
1. SE -8902. Approved by a 5-0 vote, a special exception to permit a chjdA ,]lity
use for up to 70 children in the CO -1 zone for property located at 2�
us tine
Avenue. (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 construct the building permitted under the terms of the
Board's decision.
Meloky Rockwel 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 May, 1989, all as the same appears on record in my office.
Dated at Iowa City, Iowa, this day of 7h au/ 1989.
CORPORATE PU Karr, City C1erkA
SPECIAL EXCEPTION ITEM:
1. SE -8902. Legal description of the property located at 2707 Muscatine Avenue, Iowa
City:
Beginning at the Northeast Corner of said Lot 1; Thence N 90o00'OO" E, along the
Southerly Right -of -Way Line of Muscatine Avenue, 40.00 feet; Thence S 00001'00" E,
147.88 feet, to a Point on the Northerly Line of Lot 2, said Block 1, Towncrest
Addition, Part Two Revised; Thence N 90000'00" W, along said Northerly Line, 40.00
feet, to the Southeast Corner of said Lot 1; Thence N 00001'00" W, along the Easterly
Line of said Lot 1, 147.88 feet to the Point of Beginning. Said tract of land is
subject to easements and restrictions of record. "L 1058 PA-
` 284
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
JUNE 14, 1989
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Mask, Messier, Winegarden
MEMBERS ABSENT
STAFF PRESENT
OTHERS PRESENT
Pelton
Gentry, Rockwell, Neff
FILED t:r. 13902.
dor I OLP --
89 JON 16 AM 8: 14
31
F' f
Gary Appleby, Jim Haughton, Ram V. Sharma, Elizabeth Stratton, Deborah M.
Wilson
SPECIAL EXCEPTION ITEMS:
1. 5E-8905. Approved by a 3-0 vote, a special exception requested by Deborah M. Wilson
to establish a childcare facility in an RS -5 zone for property located at 802 Wylde
Green Road with the following conditions:
a. This special exception is limited to a three-year period ending June 15, 1992.
b. No new plantings of hedges should occur on the property in all the area north
of the residence.
C. The two -car garage must be made accessible to meet the parking requirements for
the residential use of the property.
d. The applicant is to provide screening along the east boundary of the property
except north of the north boundary of the residence. [A legal description is
attached herewith.]
2. 5E-8906. Approved by a 3-0 vote, a special exception requested by the Islamic Society
of Iowa City to establish a religious institution in a CB -2 zone for property located
at 114 East Prentiss Street. [A legal description is attached herewith.]
3. 5E-8825. Approved by a 3-0 vote, a request submitted by the University of Iowa
Community Credit Union for a six month extension to January 16, 1990, of a decision
rendered by the Board on January 11, 1989, and file -stamped January 16, 1989, for
property located in the southwest corner of Muscatine Avenue and William Street (2525
Muscatine Avenue). [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 construct the building permitted under the terms of the
Board's decision.
00
Melody Mckwkll, Secretary
1 L E
VOL1F61 id+=� FF F ,111N 171
.J:a� pm.
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
14th day of June, 1989, all as the same appears on record in my office.
Dated at Iowa City, Iowa, this —
yd�ay of ��J 1989.
Marian K. Karr, City Clerk
SPECIAL EXCEPTION ITEMS: �/ 14x%�
2. SE -8905. Legal description of the property located at 802 Wylde Gree4i fes, Iowa
c;ty: 41
0005 Bryn Mawr Heights Part 1 Lot 5.
3. SE -8906. Legal description of the property located at 114 East Prentiss Street, Iowa
City:
The east 50 feet of the south 50 feet of Lot 5 in Block 8, in that part of Iowa City,
Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of
Johnson County, according to the recorded plat thereof, subject to easements and
restrictions of record and including an assignment and conveyance of a non-exclusive
easement for ingress and egress over the South 15 feet of the North 30 feet of Lot 5
in Block 8, in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson
County, Iowa, as the County Seat of Johnson County, according to the recorded plat
thereof.
SE -8825. Legal description of the property located at 2525 Muscatine Avenue, Iowa
City:
A portion of the W1/2 SWI/4 of Section 13, Township 79 North, Range 6 West of the 5th
P.M., Johnson County, Iowa, described as follows: Commencing at the Northwest corner
of the SWI/4 of said Section 13; thence East along the North line of said SWI/4, 700
feet, being the place of beginning; thence South parallel to the West line of said
Section 13, 240 feet; thence East parallel to the North line of said SWI/4, 160 feet;
thence North parallel to the West line of said Section 13, 240 feet to a point on the
North line of said SW1/4; thence West along the North line of said SWI/4, 160 feet to
the place of beginning, except the North 40 feet there of which is used for public
highway and utilities. Subject to easements of record and subject to all restrictions.
I L E
[JUN 1 5 1989
MerW Mff
Prn.
-w
DECISIONS JUL 2 5 W
IOWA CITY BOARD OF ADJUSTMENT ®� Madan K
JULY 18, 1989 n j�'
CIVIC CENTER COUNCIL CHAMBERS lora Iowa
/fa
FILED
MEMBERS PRESENT: Galer, Johnson, Pelton, Winegarden t by
MEMBERS ABSENT: Messier 89 JUL 26 AH 8. 19
STAFF PRESENT: Rockwell, Neff
OTHERS PRESENT: Joan VandenBerg, Barbara Fick, Elizabeth Stratton,.'Judy Smith, ."A
Walter Wynes
SPECIAL EXCEPTION ITEMS:
SE -8904A. The Board approved by a 3-0-1 vote (Galer abstaining), a request by the
City of Iowa City on behalf of Neighborhood Centers of Johnson County for a special
exception to establish a neighborhood center use in an RM -12 zone for property located
at 2105 Broadway Street, subject to compliance with all City ordinances and conditioned
on providing a berm and vegetative screening as shown on the submitted site plan
dated July 10, 1989.
Findings of Fact: The need for a Neighborhood Center to provide intervention
programs at the proposed site has been documented by the high incidence of domestic
violence and child abuse experienced in the immediate vicinity. The proposed plantings
and berm as well as the setback of the building and playground from the street will be
a sufficient buffer between the special exception use and the surrounding residential
areas.
Conclusions of Law: On May 16, 1989, the Iowa City City Council adopted an
ordinance amendment to permit neighborhood centers in residential zones by special
exception, subject to the requirements of Section 36-55 of the Zoning Ordinance. A
neighborhood center is permitted as a special exception in an RM -12 zone under
Section 36-11(d)(5) of the Zoning Ordinance, subject to the additional regulations set
forth in Section 36-55.
The Board finds that the requirements of Section 36-55 are met by the applicant as
shown on the site plan, and that the general standards for granting special exceptions
enumerated in Section 36-91(g)(2)b. are satisfied.
Disposition:
The Board approved the request, 3-0-1 vote, Galer abstaining.
2. SE -89046, The Board denied by a 0-3-1 vote on an affirmative motion (Galer
abstaining), a request by the City of Iowa City on behalf of Neighborhood Centers of
Johnson County for a special exception to modify off-street parking requirements from
12 spaces to 10 spaces for property located at 2105 Broadway Street.
Findings of Fact: The Board finds that the required 12 parking spaces can be provided
on site. Parking is not allowed on either side of Broadway Street immediately in front
of the neighborhood center property. Based on the applicant's statements concerning
1) the wide variety of overlapping activities that wouid be scheduled on an ongoing
basis and 2) plans to expand programs at the facility, the Board finds the demand for
the 12 off-street parking spaces exists.
Conclusions of Law: Section 36-58(i) provides that where it can be demonstrated that
a specific use has such characteristics that the number of parking spaces required is
too restrictive, the Board of Adjustment may grant a special exception to allow a
reduction in the required number of parking spaces.
The Board finds that the applicant has not demonstrated that the parking requirement
is too restrictive, and therefore denies the request.
Disposition:
Request denied, 0-3-1 vote on an affirmative motion, Galer abstaining.
rr- l' 72 ?a,,. ZS -1
Decisions
Board of Adjustment
July 18, 1989
Page 2
FI L E
JUL 25M 10
3. SE -8907. Approved by a 3-0-1 vote (Pelton abstaining), a request submitted by Iowa -
Illinois Gas and Electric Company to permit expansion of a utility use for property
located in an I-1 zone at 2200 Heinz Road with the following conditions:
a. Screening of pyramidal arbor vitae shall be provided along the north boundary
on the north side of the 20 -foot City force main easement.
b. The City shall review the technical feasibility of undergrounding the 161 kV
transmission lines prior to substation expansion in the future.
Findings of Fact: The Board finds that locating the proposed utility expansion in an
industrial zone near a power source in a developing area of the community is a logical,
cost-effective decision. The Board further finds the screening of arbor vitae as
recommended by staff is consistent with what is required of industrial or commercial
uses abutting or across a railroad right-of-way from a residential zone. The evidence
presented indicates the technical feasibility for undergrounding transmission lines does
not exist at this time, but may in the future.
Conclusions of Law: According to Section 36-37(d)(3) of the Zoning Ordinance, a
public utility expansion is permitted by special exception in the General Industrial (1-1)
Zone.
The Board concludes that the general standards of Section 36-91(g)(2)b. are satisfied
with this specific request being conditioned on the Iowa -Illinois Gas & Electric Company
1) providing screening on the north side of the facility and 2) giving the City an
opportunity to review the technical feasibility of undergrounding transmission lines prior
to expanding the substation in the future. These conditions will lessen the negative
aesthetic impacts on the neighboring residential properties and avoid injury "to the use
and enjoyment of other property in the immediate vicinity," Section 36-91 (g) (2)b.2, Iowa
City Code of Ordinances.
Disposition:
Request approved, 3-0-1, Pelton abstaining.
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 permitted under the terms of the Board's
decision.
David Winegarden, ChAfrperson
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 herein 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 18th day of July,
1989, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this } day of 1989.
Mariain K. Karr, City Clerk
2�0o
r AFFIDAVIT aCC D N0.
89 AU AH
STATE OF IOWA )
SS:Z
.� Bi2G�
JOHNSON COUNTY) OFSCOR �EjW,1
I, Susan Mask, do state and swear under oath as follows:
1. On May 10, 1989, 1 was a duly appointed member of the Iowa City Zoning Board
of Adjustment, as constituted under Chapter 414, Iowa Code (1987) and (1989). 1 was also
the duly elected chairperson of the Board of Adjustment on that date.
2. In my capacity as member and chairperson, I did participate in a hearing wherein
the Board considered an application for a Special Exception filed by John A. Brandt, pursuant
to Section 36-17, Iowa City Code of Ordinances, in order to permit a child care facility on the
property located at 2707 Muscatine Avenue, Iowa City, Iowa, on property then owned by Edna
Booker Harris, selling on contract to John A. Brandt. Application was based on SEction 36-
17 of the Iowa City Code of Zoning Ordinances.
3. 1 recall the application requested that the special exception be granted for the
property described on the Site Plan, which is shown on Exhibit A attached hereto. More
specifically, I recall the request for the special exception was legally described as follows:
Lot 1 in Block 1, in Towncrest Addition, Part Two Revised, to Iowa City, Iowa;
together with the following described property:
Beginning at the Northeast Corner of said Lot 1; Thence N 90°00'00" E, along
the Southerly Right -of -Way Line of Muscatine Avenue, 40.00 feet; Thence S
00°01'00" E, 147.88 feet, to a Point on the Northerly Line of Lot 2, said Block
1, Towncrest Addition, Part Two Revised; Thence N 90°00'00" W, along said
Northerly Line, 40.00 feet, to the Southeast Corner of said Lot 1; Thence N
00°01'00" W, along the Easterly Line of said Lot 1, 147.88 feet to the Point of
Beginning. Said tract of land is subject to easements and restrictions of record.
2
4. 1 also recall discussion by the Board of Adjustment of this request, which centered
on the property as legally described above. I also recall that upon a 5-0 vote, the Board
granted the applicant's special exception, as requested, with no additional conditions imposed.
5. As provided by Section 36-91(c), Iowa City Code of Ordinances, the decision was
filed with the City Clerk by the Secretary to the Board of Adjustment, Ms. Melody Rockwell.
The Board's Decision was then filed of record in the Johnson County Recorder's Office on
May 15, 1989 at Book 1058, page 264, a copy of which is attached hereto as Exhibit B.
6. It has now come to my attention that a clerical error was made in the Decision
actually filed with the Johnson County Recorder's Office May 15, 1989, and did not include the
entire property upon which the special exception was granted.
7. In order to clarify this error and to remove any cloud or objections on the title to the
above real estate, I hereby state that the correct legal description in the Board's Decision filed
in Book 1058, p. 284 concerning 2707 Muscatine should be and hereby is correctly stated as
follows:
Lot 1 in Block 1, in Towncrest Addition, Part Two revised, to Iowa City, Iowa;
together with the following described property:
Beginning at the Northeast Corner of said Lot 1; Thence N 90=00'00" E, along
the Southerly Right -of -Way Line of Muscatine Avenue, 40.00 feet; Thence S
00°01'00" E, 147.88 feet, to a Point on the Northerly Line of Lot 2, said Block
1, Towncrest Addition, Part Two Revised; Thence N 90^00'00" W, along said
Northerly Line, 40.00 feet, to the Southeast Corner of said Lot 1; Thence N
00°01'00" W, along the Easterly Line of said Lot 1, 147.88 feet to the Point of
Beginning. Said tract of land is subject to easements and restrictions of record.
8. 1 further state that nothing in this Affidavit shall be construed to change or modify
any other matters in said Decision filed May 15, 1989 except to correct the legal description
as noted above, and I do make this Affidavit solely as a ministerial act to correct said clerical
error.
V: 1 '75 �". 208
3
Dated this day of e, 1989.
i Mask, Former Chairperson
City Zoning Board of Adjustment
Signed and sworn before me this day of A 1989.
( N LU" ice. a\n�r 4Z
Notary Public in and for the State of Iowa
v"',105 ?a,_ 26,9
L E
- APPEAL TO THE I ( 9 D
�:9t7.+.m,
BOARD OF ADJUSTMENT 1A•��„gm,�
SPECIAL. EXCEPTION
DATE: 'April 16, 1989 PROPERTY ADDRESS: 2707 Muscatine Avenue
APPLICANT: Name: John A. Brandt ZONING: CO-]
Address: 190015 N. Dubuque Street,Iowa City, Iowa 52245
Phone: (31.9) 338-3245
Contact Person: John A. Brandt
Property Owner: Edna Booker Harris, selling on contract to John
A. Brandt
Applicable provisions of Zoning Ordinance: section 36-17
Purpose for special exception: To allow use a child caro crnter nn upper level,
beauty salon (which already exists) on lower level, until 1990, when
hope to expand child care to lower level
Date of previous application or appeal filed, if any: Nnne
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property: Sec attached site plan
O. Plot plan (attached) showing:
Lot with dimensions
North point 8 scale
Existing d proposed structures with distances frcm property lines
Abutting streets and alleys
Surrounding land uses
Parking spaces and trees - existing and proposed
C. Depending upon the type of exception requested, certain specific condi-
tions may need to be met. The applicant is required to demonstrate
compliance with the specific conditions required for a particular use, as
provided in Section 36-55 (Additional Regulations), Section 36-58
(Off -Street Parking) or Section 36-69 (Requirements and Exceptions for
Established Setbacks), as appropriate (see Sections of Code attached to
appeal form).
A hazard free, enclosed, fenced outdoor play area, with proper
drainage, of not less than 100 sq.ft. per child using the area will
front or side yard. At least 35 sq.ft. usable interior floor space
per ,hild will h.• nrnvidnd. in nddifinn �n nAngvi a He ki*rhen bath-
rooms, and halls. The day care center will meet all state require-
ments. ➢rn P•gginnzl rnngnitan�g havp hnnn employed to Aisclss re-
quirements. Adequate parking with access and appro riatp dimensions
D. The applicant is required to present specific evidence, no� opinions, exist.
that the general standards for the. granting of a special exception
(Section 36-91(g)(2)(b).), enumerated below, will be met:
1. That the specific proposed exception will not be detrimental to or
endanger the public health, safety, morals, comfort or general
welfare.
The proposed uses stated above, provide necessary services to
the community. The proposed uses are clean andsafe. Both uses
are also regulated by state law to insure public health and
sarery.
rAPR 1 91989
V
2. That the specific proposed exception will not be inju 01 01
and enjoyment of other property in the immediate v cini i ,r. au
purposes already permitted, and will not substantial y diminish and
Impair property values within the neighborhood.
The property abuts a photo studio to the cast and apartment tom-
s to tne south. Across Arthur St. is a funeral home, and
across Musatine Ave. is an office building. Adequate Parking with
ogress and egress already exist, and adequate space for the
children will be provided. These valuable, clean, and safe pro-
pose�uses w— not impair property values.
3. 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 zone in which such property is
located.
The surrounding property has already been developed into the
uses mentioned above. The proposed uses will not impede develop-
ment, as adequate parking with ingrPgs and ogr..ggi wall as
adquate space for the children have been or will be provided.
4. That adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.
The brick building and the parking lots, with access already
exist. The upper lot has arrAse frnm Mnecat;nP n,.,,mil, and
Arthur St.- The lower lot has access from Arthur Street. The
beauty salon already exists and has necessary, facilities.
Professional onsul�ants havP h --n plcu .d la degr„ require-
ments for child care centers, and the interior will be altered to
conform with all laws and rngnlatinng nptrmpn�_ age and
utilities already exist.
5. That adequate measures have been or will be taken to provide ingress
or egress so designed as to minimize traffic congestion in the public
streets.
The upper parking lot, which will serve the child care center,
has more than adPguat.. parking. •.,ith ar•-egg crnm „nom«: re Ave.
and Arthur St. The lower lot, serving the beauty salon, also
has more than thn rngnirPd amnnnh of g Tho—ln`s, with the
accesses, would eliminate any traffic congestion.
6. That, except for the specific regulations and standards applicable to
the exception being considered, the specific proposed exception shall
in all other respects conform to the applicable regulations or
standards of the zone in which it is to be located.
The existing build' ❑ and parking 1 A g.th
the dimensional and parking requirements for this zone.
7. That the proposed use shall be consistent with the short range
Comprehensive Plan of the City.
This area is zoned to allow for businesses and public uses. The
a but+ i nq_prnpn r t i Pg «n th.. ny Ih, aaa` -nd + s` ar- hnsin-sses.
Apartment buildings exist to the south. A child care center and
beautysalon are cpm stable wi y are
clean and safe uses. The proposed uses are appropriate in this
type of zone, and more specifically. this particular area_
4•
LAP.R 191989
E. List of property owners within 200 feet of the ext�riits of th
property involved in this appeal: wuulo K; x!m,1Clut
NAME
Stuelke Enterprises, Inc.
Richard & Ruth Lutz
City of Iowa City
Michael Callahan
Towncrest Dental Building
Mercy Services Iowa City, In.:,
Frank & Lorraine Tauber
Motor Club of Iowa. Inc.
George & Kathryn Gay
Iowa City Memorial Co.
ADDRESS
1100 Arthur Street
Towa ritg„ Tnw, S77An
2711 Muscatine Avenue
Town city Tn,,-. I7 An _
4LO E. Washington
Iowa rity Tnija 477An
261.9 Muscatine Avenue
Iowa City, Iowa 52240
Arthur Street
Iowa City, Iowa 52240
101.1. Arthur Street
Iowa City, Iowa 52240
261.4 Muscatine Avenue
Iowa City, Towa 52240
2620 Muscatine Avenue
Iowa City. To., S774n
2720 Muscatine Avenue
Iowa City. Towa S774n
2400 Muscatine Avenue
Iowa City. Towa 57740
NOTE: Orders. Unless otherwise determined by the Board, 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, such as by obtaining a building permit and proceeding to
ccmpletion in accordance with the terms of the permit. Upon written
request, and for good cause shown ,the Board may extend the expiration
date of any order without further public hearing on the merits of the
original appeal or application. Section 36-91(e)(5), Iowa City
Municipal Code.
Petition of certiorari. Any person or persons jointly or severally
aggrieved by any decision of the Board under the provisions of this
Chapter, or any taxpayer, or any officer, department or board of the
City may present to a court of record a petition duly verified setting
forth that such decision is illegal 1n whole or 1n part, and specify-
ing the grounds of the illegality. Such petition shall be presented
to the court within 30 days after the filing of the decision in the
office of the City Clerk. Section 36-91(h), Iowa City Municipal Code.
Date: Apri `' .t0 19 89
Joh A. Brandt
Signature(s) of Applicant(s)
p, �r7'7C��^ Form date 7/6/84
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SITE PLAN
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SITE PLAN
SE -8902
2707 Muscatine Avenue
e•" t6TE v^ •,
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FEE
1 L E
SEP 2 0 1989
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT Marian K. Karr, City Clerk
SEPTEMBER 13, 1989 Iowa City. Iowa _
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Galer, Johnson, Messier, Winegarden Fll FD'NnO�.--_ 4
183
MEMBERS ABSENT: Pelton
89 SLP 21 AH 8: 11
STAFF PRESENT: Rockwell, Gentry, Boothroy, Neff
OTHERS PRESENT: Jerry Hilgenberg, Rod Graf, Robert Downer, Phil Phq lt
1 �tt
� W'
Marker, Bill Kindl, Nona France, Charles Heath, Fred Moorb-
SPECIAL EXCEPTION ITEMS:
1. SE -8908. The Board approved by a 4-0 vote, a request submitted by Curry Brandaw
Architects for a special exception to permit modification of the off-street parking require-
ments of the PDH -12 zone for property located at the southwest intersection of Mormon
Trek Boulevard and Walden Road.
Findings of Fact: The Board finds that 1) on average the residents of the proposed
congregate housing will be 80 -year old women who will not own cars, 2) similar elderly
retirement residences throughout the United States have experienced low levels of
parking demand, 3) the parking area for 60 vehicles should accommodate the level of
usage expected to be generated by the proposed elderly retirement residence, and 4)
reduced parking will permit additional landscaping, open space and setbacks from the
street as added buffer.
Conclusions of Law: Section 36-58(i) of the Zoning Ordinance authorizes the Board of
Adjustment to reduce required parking up to 50% where it can be demonstrated that
a specific use has characteristics such that the number of parking spaces required is
too restrictive. The Board concluded that the request for the 41% reduction of off-
street parking is reasonable, given the clientele profile for the Walden Retirement
Residence and the characteristics of the site.
The Board finds that the applicant has met the requirements of Section 36-58(i) of the
Zoning Ordinance by demonstrating that the required number of parking spaces is too
restrictive.
Disposition: The Board approved the request by a 4-0 vote.
2. SE -8909. The Board approved by a 4-0 vote, a request submitted by Hodge Construc-
tion on behalf of property owners Bill and Cindy Duggan for a special exception to
permit modification of the front yard requirements in the RS -5 zone for property located
at 9 Rita Lyn Court.
Findings of Fact: The Board finds that construction of the six-foot high fence as
requested should not 1) obstruct the Rochester Avenue neighbor's frontage view; 2)
should not impair vehicular safety; and 3) should not give an undue appearance of
congestion in this residential neighborhood. The configuration of the property makes
it difficult for the owner to construct a privacy fence with sufficient backyard area, and
still meet the dimensional requirements of the Code.
Conclusions of Law: The Board of Adjustment may modify yard requirements through
a special exception according to Section 36-69(b), when the property owner's situation
is peculiar to the property in question; when there is practical difficulty in complying with
the dimensional requirements; and when the standards for approving a special excep-
tion can be met. The Board concludes that the configuration of the lot in question is
peculiar due to location, and there is practical difficulty in complying with the 20 -foot
front yard setback requirement and still have a backyard area. The Board therefore
finds the standards for granting a special exception have been met.
Disposition: The Board approved the request by a 4-0 vote.
E:c,"40831 i':: �J
L E
Decisions
Board of Adjustment I SFP 2 0 1989
September 13, 1989
Page 2
Ovarian K. Karr, City Cie
!11w3City, Iowa
3. SE -8910. The Board approved by a 4-0 vote, a request submitted by Neighborhood
Centers of Johnson County for withdrawal of a request for a special exception to permit
modification of the off-street parking requirements in the P/RM-12 zone for property
located at 2105 Broadway Street.
Variance Items:
VR -8901. The Board denied by a 1-3 vote on an affirmative motion (Galer voting
in the affirmative), a request submitted by Miriam Young for a variance to permit
four dwelling units in the RNC -20 zone for property located at 713 E. Jefferson
Street.
Findings of Fact: The Board finds that the use of the property for four apart-
ment units would exceed the density provisions of the RNC -20 zone. The Board
also finds there would be insufficient minimum lot area per dwelling unit, and
insufficient parking area for the six required off-street parking spaces. Addition-
ally, the Board also finds that the applicant's situation is not unique but in fact
was the result of their own actions, and finds that the property is capable of
being used as a single family residence in lieu of a 4-plex.
Conclusions of Law: The Board of Adjustment may authorize a variance from
the terms of the Zoning Ordinance (Section 36-91(g)(3)) if the variance will not
be contrary to the public interest and where all three tests to establish unneces-
sary hardship are met by the applicant.
(1) The property in question cannot yield a reasonable return if used only for
a purpose allowed in such zone; and
(2) The owner's situation is unique or peculiar to the property in question;
it is not shared with other landowners in the area nor due to general
conditions in the neighborhood; and
(3) The hardship is not of the landowner's own making or of a predecessor
in title.
The Board concludes that the requested variance would not be in the public
interest because it would create negative impacts for the neighboring property
owners in terms of increased congestion, particularly for parking in the area,
while giving the applicant an economic advantage not permitted others in similar
circumstances in the RNC -20 zone. Further, the Board finds the applicant failed
to satisfy any of the three elements to establish unnecessary hardship.
The Board finds that the requirements of Section 36-91(g)(3) are not met by the
applicant and that the applicant is not entitled to a variance.
Disposition: Request denied by a 1-3 vote on an affirmative motion, Galer voting
in the affirmative.
2. VR -8902. The Board denied by a 1-3 vote on affirmative motion (Messier voting
in the affirmative), a request submitted by Charles Heath for a variance to permit
three dwelling units in the RS -8 zone for property located at 814 Davenport
Street.
Findings of Fact: The Board finds that the use of the property as a tri-plex is
not permitted in the RS -8 zone; and that granting the variance would increase
the degree of non -conformity already allowed for this property by the establish-
ment of a duplex in 1978. The Board also finds there would be insufficient
minimum lot area per dwelling unit, and insufficient parking area for the required
six off-street parking spaces.
The Board further finds the Applicant can still use and/or rent the property as
a duplex, and that there is nothing unique about this property. Rather, the
property shares the same general conditions in the neighborhood.
Decisions
Board of Adjustment
September 13, 1989
Page 3
Conclusions of Law: The Board of Adjustment may authorize a variance from
the terms of the Zoning Ordinance if the variance will not be contrary to the
public interest and where all three tests to establish unnecessary hardship are
met by the applicant.
(1) The property in question cannot yield a reasonable return if used only for
a purpose allowed in such zone; and
(2) The owner's situation is unique or peculiar to the property in question;
it is not shared with other landowners in the area nor due to general
conditions in the neighborhood; and
(3) The hardship is not of the landowner's own making or of a predecessor
in title.
The Board concludes that the requested variance would contravene the purpose
and intent of the Zoning Ordinance and the Comprehensive Plan by allowing a
use not permitted in the RS -8 zone, and thereby increasing the non -conformity
of an existing, non -conforming situation. The Board also finds it is not in the
public interest to grant a variance causing neighboring property owners to bear
the negative impacts of increased congestion, particularly with regard to parking
in the area, while conferring an economic advantage to the applicant not
permitted to others in similar circumstances in the RS -8 zone. Further, the
applicant has not established unnecessary hardship.
The Board finds that the applicant has not demonstrated unnecessary hardship,
and the applicant has not met the requirements of the Zoning Ordinance Section
36-91(g)(3).
Disposition: The Board denied the request by a 1-3 vote on an affirmative
motion, Messier voting in the affirmative.
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 a building permitted under the terms of the Board's decision.
David Winegarden, Chai person
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of the City of lava City, Iowa, do hereby certify that the Board of
Adjustment decisions herein 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
September, 1989, as the same appears on record in my Office.
Dated at Iowa City, Iowa, this r� day of 1989.
CORPORATEMar
ian X.Karr, City Clerk
FEE
DECISIONS I L E
IOWA CITY BOARD OF ADJUSTMENT
OCTOBER 11, 1989 OCT ' 9
CIVIC CENTER COUNCIL CHAMBERS IFI
MEMBERS PRESENT: Galer, Messier, Pelton, Winegarden
MEMBERS ABSENT: Johnson
STAFF PRESENT: Rockwell, Gentry, Neff
OTHERS PRESENT: Robert Downer, Dan Boyle, Corinne Suter,
Shullaw
SPECIAL EXCEPTION ITEMS:
FILEDNO 5486
-,%
BO-
MichgQ20 11 "28
el elss, Susan
r C 0 R DER
JOHNSON CO -IOWA
1. SE -8911. The Board approved by a 4-0 vote, a request submitted by Mercy Facilities,
Inc. for a special exception to modify the front yard requirements in the CO -1 zone for
frontage on Van Buren Street for property located at Centre Market.
Findings of Fact: The Board finds that 1) the exception is more than off -set by the
extra -wide right-of-way for the Van Buren Street, 2) the exception will neither increase
population density in the area, nor impose an additional burden on available municipal
facilities, 3) the exception should not prove detrimental to adjoining properties, 4) the
difficulty experienced by the applicant in complying with four front yard setbacks for the
Centre Market redevelopment could not be resolved without adjusting the front yard
requirements along Van Buren Street for the property, and 5) the interest of justice will
be served by granting the yard modification request.
Conclusions of Law: Section 36-69(b) of the Zoning Ordinance authorizes the Board
of Adjustment to grant special exceptions to modify yard requirements when the owner
demonstrates that there is a practical difficulty in complying with the dimensional
requirements, and where the specific standards for special exceptions are met, Section
36-91(g)(2)(b)(1) through (7), Iowa City Code of Ordinances. The Board finds that
based on the above facts, the applicant has met the requirements of Sections 36-69(b)
and 36-91(g)(2) of the Zoning Ordinance.
Disposition: The Board approved the request by a 4-0 vote.
2. SE -8912. The Board denied by a 1-3 vote on an affirmative motion (Messier voting in
the affirmative), a request submitted by Corinne Suter for a special exception to reduce
the side yard requirements in the RS -8 zone for property located at 609 Brown Street.
Findings of Fact: The Board finds that 1) the proposed exception will have no effect
on increasing population density or the use of municipal facilities; 2) the requested yard
modification is substantial and will adversely affect the adjacent property to the west by
interfering with the property owner's view, light and air, 3) the applicant could construct
the garage in compliance with the Ordinance without practical difficulty; and 4)
compliance with the Ordinance would be more beneficial to the neighborhood than
granting the exception.
V,K 1, 88 ert:: 31' 8
Board of Adjustment Decisions
October 11, 1989
Page 2
Conclusions of Law: Section 36-69(b) of the Zoning Ordinance authorizes the Board
of Adjustment to grant special exceptions to modify yard requirements when the owner
demonstrates there is a practical difficulty in complying with the dimensional
requirements, and where the specific standards for special exceptions are met, Section
36-91(g)(2)(b)(1) through (7), Iowa City Code of Ordinances. The Board finds that
based on the above facts, the applicant has not met the requirements of Sections 36-
69(b) and 36-91(g)(2) of the Zoning Ordinance.
2i20 ition: The Board denied the request on an affirmative motion by a 1-3 vote
(Messier voting in the affirmative).
ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS:
Unless otherwise provided in their Decision, all orders of the Board shall expire six (6) months
from the date a written decision is filed with the City Clerk. The applicant shall have six (6)
months to establish a use or construct a building permitted under the terms of the Board's
decision, Section 36-91(e)(5), Code of Ordinances.
DUJ WLiV.01"Vl
David Winegarden, C airperson
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 herein 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 11 th day of
October, 1989, as the same appears on record in my Office.
Dated at Iowa City, Iowa, this day of > 1989.
o 24a.L 7(-' 2ea i,�
1 G(y Marian K. Karr, City Clerk
�V
DECISION
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 8, 1989 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
SPECIAL EXCEPTION ITEM:
FEE iDp°
Galer, Johnson, Messier, Pelton, Winegarden
None
Rockwell, Gentry, Neff
FILES i 6654
r
Boa -102 ,. --
89 NOV 20 AM 8: 30
✓ RECDitDEit
FII L E
NOV 1 7 M
IO
1. SE -8913. The Board approved by a 5-0 vote, a request submitted by Ellen Heywood,
Paul Ingram, Donna Chen and Jason Chen for a special exception to reduce the side
yard requirement for properties located at 1178 E. Court Street and 1182 E. Court
Street from three (3) feet to zero (0) feet for the 24 -foot length of the garage as shown
on the site plan submitted October 19, 1989.
Findings of Fact: The Board finds that the reduction in the setback requirement will
benefit both properties most directly affected by the special exception, will not result
in a substantial change in the neighborhood, and will preserve mature trees and large
shrubs on the Chen property. The Board further finds that having a shared garage
centered on a property line is peculiar to the properties in question, and that practical
difficulties exist for both properties, especially the Chen property because of
considerable mature landscaping in the area where a detached garage would otherwise
be placed. The Board also finds the general standards, particularly the impact on the
neighborhood, will be more effectively met if the requested special exception is granted
than if strict compliance with the Ordinance is required. Finally, the Board finds the
intent of the RS -8 zone that "special attention should be given to landscaping and site
development in this zone" will be better facilitated by permitting the requested special
exception.
Conclusions of Law: The Board of Adjustment may modify yard requirements through
a special exception according to Section 36-69(b), when the property owner
demonstrates that the situation precipitating the request is peculiar to the property in
question, that there is a practical difficulty in complying with the dimensional
requirements, and that the general standards for special exceptions have been met,
Section 36-91(f)(2), Iowa City Code of Zoning Ordinances.
The Board finds the Applicants have met the requirements for a special exception under
Section 36-69(b) for side yard modification and the general standards under Section 36-
91(f)(2), and concludes the Applicants are entitled to a special exception, as requested.
Disposition: The Board approved the request by a 5-0 vote.
5 -LJ
6
isuO iQJ F�:=
Board of Adjustment Decisions
November 8, 1989
Page 2
ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS:
Except as otherwise provided by the Board, 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 a building
permitted under the terms of the Board's decision.
David Winegarden, ChaMperson
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 herein 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 8th day of
November, 1989, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this / % day of1989.
Marin K. Karr, City Clerk
BuIN1092 F;,- 514
19
DECISION
IOWA CITY BOARD OF ADJUSTMENT
DECEMBER 20, 1989 - 4:30 P.M.
CIVIC CENTER PUBLIC LIBRARY - ROOM A
MEMBERS PRESENT: Galer, Messier, Pefton, VVinegarden
MEMBERS ABSENT: Johnson
STAFF PRESENT: Rockwell, Gentry, Neff
I L E
DEC29M10
Marian IL Kart, City 1A
Iowa CO. Iowa
OTHERS PRESENT: David Jenkins, Mike Kennedy, Doug Fisher, Ernie Stoppelmoor,
Richard Hootman
SPECIAL EXCEPTION ITEMS:
SE -8914. The Board approved by 3-0 vote a request submitted by Parkview Evangelical
Free Church for a special exception to permit the expansion of a religious institution
with a 6,500-7,000 square foot addition, as shown on the site plan dated November 12,
1989 for property in the RS -8 zone and located at 15 Foster Road.
Findings of Fact: The Board finds that the proposed special exception 1) will not
change traffic patterns; 2) will not decrease neighboring property values; 3) will not
impinge in any way on new residential development that may occur west of the tract,
4) will not increase the parking requirement for the applicant; 5) that the setback of the
proposed addition will preserve the open -space nature of the property surrounding the
church; and 6) that granting the request will neither jeopardize the integrity of the
surrounding residential neighborhood, nor impair property values.
Conclusions of Law: The Board of Adjustment concludes that the applicant has
satisfied the requirements of regulations governing expansion of a religious institution
use, Section 36-55(m), together with the general standards for granting a_special
exception, Section 36-91(g)(2)b, and that the special exception should be granted, as
requested.
Disposition: The Board approved the request by a 3-0 vote.
(Messier arrived at 4:50 p.m.)
2. SE -8915. The Board approved, by a 4-0 vote, a request submitted by Smith -Moreland
Properties for a special exception to permit eight dwelling units above the ground floor
in the CIA zone, for property located at 220 Lafayette Street and subject to providing
security lighting for the parking areas on the south, west and north sides of the
proposed structure.
Findings of Fact: The Board finds that granting the proposed special exception should
return the property to the tax rolls, should contribute to the upgrading of this once
deteriorated, flood -prone area, and that the proposed exception will not be detrimental
to the neighborhood. The Board further finds that granting the special exception will
not diminish or impair property values, but will likely increase property values in the
Board of Adjustment Decisions
November 8, 1989
Page 2
area. The Boalyd also finds that the applicant
Section 36-23(4)(3), and the off-street parkin£
commercial use's in a CI -1 zone, Section 36-58.
security lighting as a condition of approval will
relatively secluded property.
FI L E
DEC 2 91989
-'.aD h.
Marian K Karr, City Clerk
Iowa C' Iowa
has satisfied the density requirements.
requirements for the residential and
The Board further finds that requiring
enhance the safety of tenants at this
Conclusions of Law: The Board of Adjustment is authorized to grant this special
exception if it is bound to be In accordance with the general regulations of the CI -1 Zone
and the generatl standards for special exceptions as cited in Section 36-91(g)(2)(b).
Having satisfied She requirements of Sections 36-91((g)(2)(b) and 36-58, the Board finds
that the proposed special exception should be granted.
Disposition: The Board approved the request by a 4-0 vote
3. SE -8916. The ®card approved by a 3-1 vote, Pelton voting in the negative, a request
submitted by Tcwvncrest Investment Associates to modify yard requirements in the CO -
1 Zone for property located at 2401-2427 Towncrest Drive, subject to the following
conditions: 1) there be no windows in the new construction facing the residential zone;
2) existing fences will be replaced and improved, ii that is desired by a majority of the
most directly affected neighbors; 3) if a fence is not desired by the neighbors, the
applicant shall oonvert the alleyway to a green open space, planted with grass and
shrubbery, In order to soften the appearance of the new addition to the building; and
4) for fire safety, the new addition shall contain a sprinkler system.
Findings of Facit: The Board finds that the proposed modification of the yard
requirement is substantial, but is offset in part by the ameliorating impacts of the
proposed addition. These include 1) the decrease in the vehicular traffic along the
property line; 2) tihe increase in privacy since there will be no windows in the new
construction facing the residential zone; and 3) the existing fence will be replaced or
improved, N so desired by the affected neighbors. The Board also finds providing a
sprinkler system iin the new addition is needed for fire safety. The Board further finds
granting the yard modification is, on balance, not contrary to the intent of the zoning
ordinance; and based on the lack of neighborhood objections, is not expected to
jeopardize the intlegrity of the surrounding neighborhood, nor to diminish property
values.
Conclusions of Law: The Board of Adjustment may grant yard modifications when the
owner demonstrattes the situation precipitating the request is peculiar to the property
in question, that there is practical difficulty in complying with the dimensional
requirements, Section 36-69(b), and that the general requirements of Section 36-
91(g)(2)(b) have (been met. The Board concludes that there is nothing inherently
peculiar to the property itself to make the situation unique or different from any other
commercial enteriprise desiring to expand its facilities next to a residential area.
However, the requested yard modification would be offset, in part, by the ameliorating
impacts of the proposed addition, as noted above in our Findings of Fact. Finally, the
Board concludes tthat granting the special exception does not contravene the intent
of the Zoning Ordinance requiring a 20 -foot setback to buffer residential properties
I L E
t Board of Adjustment Decisions
November e, 1989 DEC 2 91989
Page 3 a ao m• t.
Marian K Kart, City Cler
Iowa Iowa
from commercial uses because of the overall resulting Improvement with less tra tc
noise and more privacy. The Board concludes the yard modification should be granted.
Disoosition: The Board approved the request by a 3-1 vote, Patton voting no.
ZONING ORDINANCE SECTION 36-91(e)(5) ORDERS:
Unless otherwise provided by the Board, all orders of the Board shall expire six (6) months
from the date a written decision is filed with the City Clerk If the applicant has not taken action
within the six (6) months following the Decision to establish the use or construct a building
permitted under the terms of the Board's decision.
David Winegarden, Cfibirperson
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 herein 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 20th day of
December, 1989, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this -?l �( day of 1989.
Mar n K Karr, City Clerk .Tp—