HomeMy WebLinkAbout1990 Board of Adjustment DecisionsDECISIONS QUO
IOWA CITY BOARD OF ADJUSTMENTI(]•
JANUARY 10, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Galer, Johnson, Messier, Pelton, Winegarden
MEMBERS ABSENT: None p
FILED N0.
STAFF PRESENT: Rockwell, Neff 9DJ `_ OT -.am
OTHERS PRESENT: Kathleen Steve, Jim Schintler 90 JAN 23 AN 8: 09
SPECIAL EXCEPTION ITEMS:
C' rnEit
1. SE -8917. The Board approved by a 5-0 vote a request submitted by David G. andWA
Kathleen A. Steve for a special exception to permit four dwelling units above the ground
floor of a commercial use for property located at 320-322 E. Benton Street, subject to
1) designating six tenant parking spaces, 2) providing security lighting for the parking
areas and the building access areas, particularly the stairway and apartment entrances,
3) allowing access only to Maiden Lane and Benton Street, not to Gilbert Street and 4)
creating a landscaped separation between the parking aisle and Gilbert Street.
Findings of Fact: The Board finds that the proposed special exception subject to the
conditions as cited above 1) will not change traffic patterns; 2) will not decrease
neighboring property values; 3) is generally consistent with the Comprehensive Plan;
and 4) presents no endangerment to public health and safety.
Conclusions of Law: The Board of Adjustment concludes that the applicant has
satisfied the general regulations of the CC -2 Zone, including meeting the off-street
parking requirements and proposing fewer dwelling units than the maximum density
permitted, and the general standards of special exceptions as cited in Section 36-
91 (g) (2) (b).
Disposition: The Board approved the request by a 5-0 vote.
2. 5E-8907. The Board approved by a 4-0-1 vote (Pelton abstaining) a request submitted
by Iowa -Illinois Gas and Electric Company for a six-month extension of a July 18, 1989,
Board of Adjustment decision to permit construction of an electric substation at 2200
Heinz Road. The order of the Board is extended to July 18, 1990.
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, Chairperson
JAN 191990 ID
BOOK1101 «,_ 282
Board of Adjustment Decisions
November 8, 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 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 10th day of
January, 1990, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this 1f day of 1990.
Marian -K. Karr, City Clerk
CORPORATE
B= 1161 283
I L E
JAN 19 1990
Marian K. Karr, City Clerk
Iowa City,Iowa
N'0 (-ee—
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
MARCH 14, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Galer, Johnson, Messier, Pelton, Winegarden
MEMBERS ABSENT: None
11481
FILED N0.
90 MAR 30 All 8: 56
STAFF PRESENT: Rockwell, Gentry, Neff
is C Q T D -Lit
OTHERS PRESENT: Linda Bendorf, Karen Jordan, Dell Richard, Nancy Romirit', Vanaja`'ylll
Chandran, Tom Casale, Kathy Campbell, Maureen Kreswick, Tom
Werderitsch, Jan Cooper, Tim Krumm, Judy McKim, Harold Heick
SPECIAL EXCEPTION ITEMS:
SE -9001. The Board denied a request submitted by Vanaja Chandran for a special
exception to permit a child care facility for up to 11 children in the RS -5 zone for
property located at 906 Evergreen Court, Iowa City, Iowa.
Findings of Fact: The Board finds that the proposed special exception 1) will change
traffic patterns, due largely to the two cul de sac streets involved, namely Evergreen
Court and Evergreen Place, and the Board also finds this additional traffic would
exacerbate lack of secondary access to the Subdivision, namely First and Rochester,
Part Three; 2) the exception would drastically change the character of the neighbor-
hood, increase noise and congestion and lower property values; 3) the exception would
also increase safety concerns in the neighborhood, as expressed by numerous
neighbors who live in close proximity to the Applicant; and 4) the number of children
(eleven) proposed for the facility would create a commercial activity which would conflict
with the single-family residential neighborhood.
Conclusions of Law: The Board of Adjustment finds that the applicant has not satisfied
the standards for granting a special exception as required under Section 36-91(g)(2)b
of the Zoning Ordinance. Specifically, the Board finds the Applicant failed to
demonstrate that the specific proposed exception will not be detrimental to or endanger
public safety. Nor did the applicant show that the proposed exception would not be
injurious to the use and enjoyment of other property in the immediate vicinity for the
purposes already permitted in the RS -5 zone.
Disposition: The Board, voting in the affirmative to grant the request, denied the
request by a 0-5 vote. In a second voting to affirmatively deny the special exception,
the Board voted 5-0 to deny the request.
2. SE -9002. The Board approved by a 5-0 vote a request submitted by Christian
Retirement Services, Inc, for a special exception to reduce the minimum front yard
requirement in the RM -44 zone for the 701 Oaknoll Drive property from 40 feet to 20
feet along the 138 -foot length of the proposed three-story addition on Oakcrest Street.
P00K1114 F",= 124
Board of Adjustment Decisions
March 14, 1990
Page 2
Findings of Fact: The Board finds that the proposed special exception for a 20 -foot
setback along Oakcrest Street would provide a front yard which is consistent with
similar multi -family residential uses in the neighborhood, and will not adversely affect
the neighborhood or traffic safety.
Conclusion of Law: The Board concludes that the specific requested exception meets
the standards for granting a yard modification required under Section 36-69(b), and also
meets the general standards for a special exception under 36-91(g)(2)b of the Zoning
Ordinance.
Disposition: The Board approved the request by a 5-0 vote.
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 the building
permitted under the terrRs of the Board's decision.
David Winegarden, Chairperton
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
APE' AAS TO ,FC�!s
LEGAL DEPARTMENT
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 14th day of March,
1990, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this Jq day of 1990.
€#� Marian K. Karr, City Clerk
100
011®p,
cn,1111 125
,.:
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
APRIL 11, 1990 - 4:30 P.M. a
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Galer, Johnson, Messier, Pelton, Winegarden FILED N0. 013472.
1347n..
MEMBERS ABSENT: None 90 MAY 15 AH 8 20
STAFF PRESENT: Rockwell, Gentry, Neff
OTHERS PRESENT: Dick Kruse, Ann Lorson, Mary Feigenspan, Har ��ffRCCOftDEll
91NSON CO..IOWA
SPECIAL EXCEPTION ITEMS:
SE -9003, The Board approved by a 5-0 vote a request submitted by Richard Valentine
and M. Kathleen Clark for a special exception to reduce the minimum front yard
requirement for property located at 150 Oakridge Avenue from 15 feet to 5 feet along
the 22 -foot width of the proposed garage, as shown on the site plan dated March 3,
1990. As permitted under Section 36-91(e)(5), Iowa City Code of Ordinances, the Board
also ruled this Order would not expire until 18 months after entry, or October 11, 1991.
Findings of Fact: The Board finds that the proposed special exception to reduce the
minimum front yard requirement from 15 feet to 5 feet along the 22 -foot width of the
proposed garage will not overly or unreasonably increase or cause congestion in off-
street parking for the subject property, since the street was constructed in such a way
that there is more distance between the street and right-of-way line than the typical
configuration. The Board also finds that the proposed exception will not increase the
population density or affect the use of municipal facilities. In the Board's view, the
garage's proposed attachment to the residence will result in a structure that will conform
to the prevailing style of architecture of the neighborhood, and that the proposed
exception will actually improve the property, thereby increasing the assessed value of
the property and tax revenues to the City. Further, the Board finds that the garage will
not obscure adjacent neighbors' lines of vision along Oakridge Avenue, and will direct
construction away from the steep wooded slopes to the west and thereby protect this
environmentally sensitive topographic feature of the subject property.
Conclusions of Law: The Board of Adjustment concludes that the specific requested
exception meets the standards for granting the yard modification required under Section
36-69(b), and also meets the general standards for special exceptions under Section
36-91(g)(2)b of the Zoning Ordinance. Specifically, the peculiarity of the off -center street
results in sufficient distance between the garage and the street to meet the intent of the
Ordinance to provide required off-street parking. The Board further concludes that the
proposed use is consistent with and will result, in improvement of residential
development in the neighborhood, is consistent with the adopted policy to preserve
environmentally sensitive areas as stated in the 1989 Comprehensive Plan Update, and
that the applicant is entitled to a special exception as requested.
Decisions
Iowa City Board of Adjustment
April 11, 1990
Page 2
Disposition: The Board approved the request by a 5-0 vote, and extended the
expiration date of the decision to October 11, 1991.
2. SE -9004. The Board approved by a 5-0 vote a request submitted by Living Word
Christian Fellowship for a special exception to establish a religious institution use at 318
Bloomington Street, conditioned on vegetative screening being planted along the north
lot line in addition to that required along the east lot line from the north side of the
principal building to the north lot line, and also conditioned on having a recorded
property owners agreement regarding the shared public access drive.
Findings of Fact: The Board finds that the proposed special exception will provide
improved on-site parking, an upgrading of the property, a landscaped buffer between
the commercial and residential uses; and because of the proposed hours for the
church, should not adversely affect parking in the commercial district during regular
commercial business hours.
Conclusions of Law: The Board of Adjustment concludes that the requested special
exception meets the general standards under Section 36-91(g)(2)b of the Zoning
Ordinance and that the applicant is entitled to a special exception, with the conditions
noted above.
APPEALITEM:
1-9001. By a 5-0 vote, the Board denied the appeal by Southgate Development,
challenging an interpretation issued by the Zoning Code Interpretation Panel on the
definition of a sign under Section 36-4(s)(15), Iowa City Code of Zoning Ordinances.
Findings of Fact: The Board finds that the proposed sculpture incorporates the
Northgate Corporate Park (NCP) logo within the structure and thereby meets the
definition of a sign as defined by the Iowa City Zoning Ordinance, and that the Board
agrees with the Zoning Code Interpretation Panel's findings that the structure presented
...is visible to the public from a street.... Highway 1 North; ...is used or intended to be
used to direct attention to a business,... service,... premises or thing, i.e. Northgate
Corporate Park; and the term sign includes, but is not limited
to .... letters,...trademarks.... whether affixed to a building or separate from a building.
Conclusions of Law: The Board of Adjustment concludes that the Zoning Code
Interpretation Panel's interpretation of the Zoning Ordinance was correct; that the
proposed Northgate Corporate Park sculpture is a monument sign and must meet the
requirements of Section 36-62 of the Zoning Ordinance, including the height
requirements; and that the applicant's appeal should be denied.
�acn 1126 F�,- 1'79
Decisions
Iowa City Board of Adjustment
April 11, 1990
Page 3
ZONING ORDINANCE SECTION 36-9(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 the building
permitted under the terms of the Board's Decision.
David Winegarden, Chairp rson
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 11th day of April,
1990, as the same appears of record in my Office.
Dated at Iowa City, Iowa, this H-1- -1- day of (ice , 1990.
CORPORATE SEALMaria KT K� Clerk
City of Iowa City
Iii E W1 Co RoA A D U ivi
Date: March 27,199° ADOPUP,
To: File
From: n g e Interpretation Panel
n c eiser, Secretary
Re: North ate Corporate Park Entry "Sculpture"
Southgate Development Company submitted a drawing to the Department of Housing and
Inspection Services of a "sculpture" they wish to erect at the entrance to Northgate Corporate
Park on Highway 1 North. The "sculpture" is a structure, as defined by Zoning Ordinance
Section 36-4(s)(15), and would be six feet high and four feet wide. The letters N.C.P. are used
to form the structure.
The question before the Panel was: does the proposed "sculpture" constitute a sign under the
Iowa City Zoning Ordinance?
Conclusion: The Panel's unanimous opinion was that the "sculpture," as presented, is a
sign as defined by the Iowa City Zoning Ordinance Section 36-61(s)(2). The definition reads:
Sign. Any structure or medium, including its component parts, which is visible
to the public from a street or public right-of-way, and which is used or intended
to be used to direct attention to a business, product, service, subject, idea,
premises, or thing. Signs shall not include buildings or landscaping. The term
sign includes, but is not limited to, all reading matter, letters, numerals, pictorial
representations, emblems, trademarks, inscriptions, and patterns, whether affixed
to a building or separate from a building. Public art, seasonal decorations, and
directional symbols on paved surfaces are not included in this definition.
The compelling language is in the fact that the structure presented "...is visible to the public
from a street...," Highway 1 North; "...is used or intended to be used to direct attention to a
business,... service,... premises or thing," namely Northgate Corporate Park; and 'the term sign
includes, but is not limited to .... letters .... trademarks .... whether affixed to a building or separate
from a building."
/sp
nOK A26 F?,: 181
DECISIONS $ lo�
IOWA CITY BOARD OF ADJUSTMENT
MAY 9, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Galer, Johnson, Pelton, Winegarden
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
Messier
Rockwell, Gentry, Christiansen, Neff
FI
I E
MAY 2 2 1990
Richard Hootman, Bruce Haupert, Tom Brooks
FILED 013859
90 MAY 23 AM 8= 08
ZE�� 41EI
Joanri?A;M`�','!dfaPl.. Iowa
SE -9005. The Board held a public hearing on a request submitted by Towncrest
Investment Associates for special exceptions to reduce the minimum yard requirements
along the south boundary for property located in the CO -1 zone at 2401-2427 Towncrest
Drive from 20 feet to 5 feet along the 189.5 -foot length of the proposed addition and to
provide off-street parking on a separate lot at 1035 Wade Street.
Findings of Fact: The Board finds that the proposed special exception to reduce the
minimum yard requirement along the south boundary from 20 feet to 5 feet along the
189.5 -foot length of the proposed addition and to provide off-street parking on a separate
lot will not increase population density or affect the use of the municipal facilities. In the
Board's view, the proposed addition will result in an improvement of conditions for the
abutting residential properties by eliminating a back alley nuisance type of situation.
Privacy will be increased for the adjacent residents through elimination of windows on the
south wall facing the residences and replacement of fences that have deteriorated along
the south property line. The Board finds that a drainage problem will be alleviated and
fire protection will be addressed as part of the proposed project. Finally, the Board finds
that ensuring and designating increased off-street parking for Towncrest clients will
reduce spillover parking into residential streets.
Conclusions of Law: The Board of Adjustment concludes that the requested special
exception meets the standards for granting the yard modification required under Section
36-69(b) in that the intent of the yard dimension requirement established to buffer
residential properties from commercial uses will be met. The Board also concludes that
the applicant has met the standards under Section 36-58(d) that permits off-street parking
to be located on a separate lot from the use served when there is an increase in the
number of parking spaces required by an enlargement of the use. The Board concludes
that the requested special exception also meets the general standards for special
exceptions under Section 36-91(g)(2)b of the Zoning Ordinance because public safety
considerations will be assured, the enjoyment and use of adjacent residential properties
will be enhanced, and off-street parking conditions will be improved as a result of the
proposed project.
Disposition: The Board approved, by a 3-1 vote (Pelton voting in the negative), the
requested special exceptions to reduce the minimum yard requirements along the south
boundary for property located in the CO -1 zone at 2401-2427 Towncrest Drive from 20
feet to 5 feet along the 189.5 foot length of the proposed addition and to provide off-
street parking on a separate lot at 1035 Wade Street subject to the following conditions:
1. There shall be no windows in the new construction facing the residential zone.
2. Existing fences shall be replaced and improved, as is desired by a majority of the
abutting neighbors.
3. The applicant shall remove the access drive between Wade Street and the west
edge of the proposed addition, and plant the area with grass and shrubbery to
soften the appearance of the new addition to the building.
4. The brick facing on the existing building shall be wrapped around the new cement
block addition to increase compatibility with the surrounding residential
neighborhood.
LOO IM F::: 321
I L E
Board of Adjustment Decision
May 9, 1990 MAY 221990
C
Page 2 I r I
E
V Marian K. Karr, City Clerk
5. For fire safety, the new addition shall contain a sprinkler system.
6. Signage shall be placed on the church property and the Towncrest property to
indicate availability of parking for Towncrest clients.
7. Prior to the issuance of a building permit, and with the City as a party to the
agreement, a properly executed agreement for shared parking on the 1035 Wade
Street property shall be recorded.
VARIANCE ITEM:
VR -9001. The Board held a public hearing on a request by Harold and Marilyn Rogers
for a variance to permit a free-standing sign in the CN -1 zone for property located at the
northwest corner of the North Dodge and Church Streets intersection.
Findings of Fact: The Board finds that the applicant has other signage options available
without the granting of a variance and has not demonstrated that these options would not
allow the applicant to stay in business. The Board also finds that the applicants' situation
is not unique, as other businesses in the CN -1 zone must comply with the same
requirements. Although the Board finds that the hardship is not of the applicants' own
making, all three tests of unnecessary hardship must be met for a variance to be granted.
Further, the Board finds that a freestanding sign would conflict with the intent and
purpose of the CN -1 zone in that it detracts from the residential character of the
surrounding residential neighborhood.
Conclusions of Law: The Board concludes that the requested variance fails to meet the
standards under Section 36-91(g)(3) which require that the applicants demonstrate that
unnecessary hardship is present. The Board further concludes that denial of the variance
and removal of the existing, non -conforming, 18.5 -foot high, lighted, freestanding sign will
meet the intent of the CN -1 zone and thereby serve the public interest.
Disposition: The Board affirmatively denied, by a 4-0 vote, the requested variance to
permit a free-standing sign in the CN -1 zone for property located at the northwest corner
of North Dodge and Church Streets intersection.
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on
Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless
the Applicant shall have taken action within such time period to establish the use or construct
the improvement authorized by the Board's order or decision. Section 36-91(e)(5) Iowa City
Zoning Ordinance.
David Winegarden, Cliairperson
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Ramona Parrott, De uty
I, j6tt, 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 that were passed by
the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 9th day of May, 1990,
as the same appears of record in my Office.
Dated at Iowa City, Iowa, this 22nd day of May , 1990.
CORpop,OE SEAL
City Clerk
Ramona Parrott, Deputy
B001(l128 Fr-:: 322
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
JULY 11, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
FEE
Barta, Johnson, Pelton
Galer, Messier
Franklin, Christiansen, Rockwell, Neff
Glenn Siders
FI'_' 0094(46
90 AUG 10 AV, 8: 07
1. SE -9008. The Board held a public hearing on a request submitted by Southgate
Development Company for a special exception to permit an auto and truck oriented use
at the corner of Sturgis Corner Drive and Highway 6.
Findings of Fact: The Board finds that:
(1) The subject property is located in a CC -2 zone.
(2) There presently exist auto -related businesses in the area.
(3) Anticipated vehicular traffic levels, and ingress and egress provisions planned,
would not result in unacceptable traffic congestion.
(4) The proposed development would enhance the development of this area and
would not decrease surrounding property values.
Conclusions of Law: The Board concludes that the requested special exception meets
the general standards set forth in Section 36-91(g)(2)b. of the Zoning Ordinance.
Disposition: The Board approved by a 3-0 vote the requested special exception to
establish a tire store at the corner of Sturgis Comer Drive and Highway 6 subject to the
following conditions:
1. That all service bays face Sturgis Corner Drive and not Highway 6.
2. That the preliminary LSNRD plan for development of the property as requested is
approved by the City Council.
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on
Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless
the Applicant shall have taken action within such time period to establish the use or construct
the improvement authorized by the Board's order or decision. Section 36-91(e)(5), Iowa Cily
Zoning Ordinance.
, Chairperson
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 that were passed by
the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 11 th day of July, 1990,
as the same appears of record in my Office.
Dated at Iowa City, Iowa, this day of L41990.
Marian� K Ka City Clerk
NOTARIAL SEALI08r1156 194
eL,
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
AUGUST 8, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Barta, Johnson, Pelton
Galer, Messier
Rockwell, Moen, Christiansen, Neff
002771
90 AUG 16 AN 6: 09
WA
Jay Stein, Gene Kennel, Mary Jo Streb, Glenn Siders, Mace
Braverman
SPECIAL EXCEPTION ITEMS:
J
SE -9007. The Board held a public hearing on a request submitted by Riverside Theatre
for a special exception to permit off-site parking in the municipal lot on Market Street in
the CB -2 zone for property located at 213 N. Gilbert Street.
Findinas of Fact: The Board finds that the proposed sPecial exception to permit 15 off-
street parking spaces in the Market Street municipal lot `will not exceed the capacity of
the parking facility. The hours of use of the Riverside Theatre will not interfere with peak
hours for parking demand of neighboring businesses. Further, the Board finds the
Theatre will dovetail into and complement the existing commercial neighborhood.
Conclusions of Law: The Board of Adjustment concludes that the requested special
exception meets the standards for granting the special exception to provide parking on
a separate lot under Section 36-58(d)(6), and meets the general standards for special
exceptions under Section 36-91(g)(2)b of the Zoning Ordinance.
Disposition: The Board approved by a 3-0 vote the requested special exception to permit
the provision of 15 off-street parking spaces in the Market Street municipal lot for property
located at 213 N. Gilbert Street subject to Council approval and the certified recerdaticn
of the Ordinance amending Section 36-58(d)(6).
2. SE -9010. The Board held a public hearing on a request submitted by David Streb for a
special exception to permit an auto and truck oriented use in the CC -2 zone at 130
Highway 1 West.
Findings of Fact: The Board finds that development of a car lot on the 130 Highway 1
West property in compliance with the Code would result in an upgrading of the property
and an improvement of the neighborhood. The Board finds the proposed use is
compatible with other uses in the area. The Board finds that access to the property
should be defined by the existing concrete drive.
Conclusions of Law: The Board of Adjustment concludes that the applicant has met the
standards under Section 36-91(g)(2)b. of the Zoning Ordinance. The conditions of
approval should assure public safety as well as the enjoyment and use of adjacent
commercial properties.
Disposition: The Board approved by a 3-0 vote the requested special exception to permit
an auto oriented use in the CC -2 zone at 130 Highway 1 West subject to the following
conditions:
(1) That access be permitted only from Orchard Street,
(2) That the curbed concrete drive be the sole access drive to the car sales lot, and
(3) That a site plan be submitted showing compliance with all City codes, including
parking and tree regulations, and location of the rock drive and the means of
preventing its usage in relation to the subject property.
a"y115� r=.= 6Q
Board of Adjustment Decisions
August 8, 1990
Page 2
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on
Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless
the Applicant shall have taken action within such time period to establish the use or construct
the improvement authorized by the Board's order or decision. Section 36-91(e)(5), Iowa City
Zoning Ordinance.
) 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 that were passed by
the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 8th day of August, 1990,
as the same appears of record in my Office.
Dated at Iowa City, Iowa, this 1s'ot day of , 1990.
,AO',TE SEAL
yew
Marin K. Karr, City Clerk
100«1158 T 61
1% -
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
SEPTEMBER 12, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
Barta, Galer, Johnson, Messier, Pelton
None
Rockwell, Christiansen, Neff
1 F
IM L AM E
Off — 2
Marian K Karr, City Clerk
Iowa Ci Iowa
/Q d'P A401( -
A /(
John Stokes, John Scott, Katherine Tachau, Christopher Roy, Nora Roy, Priscilla
Wright
SE -9012. The Board held a public hearing on a request submitted by John Scott, Katherine Tachau,
John Stokes and Margaret Stokes for a special exception to permit yard modifications for a zero lot line
garage replacement in the RS -8 Zone for properties located at 1173 and 1175 East Court Street.
Findings of Fact: The Board finds a real peculiarity relating to the properties in that a front yard
requirement was created when an alley was converted to a narrow street after the garage was
constructed. This situation was not caused by the applicants or by a predecessor in title to either
property. The Board finds that the proposed special exception to permit a reduction in the front yard
requirement would not increase population density in the area or increase the use of municipal facilities.
The Board finds that the replacement of the existing garage will enhance the neighborhood and meet
the intent to provide openness. The incorporation of the vision triangles will increase safety for the
neighborhood. The Board finds that requiring a 20 -foot length aisle will not alleviate parking problems
in the neighborhood.
Conclusions of Law: The Board of Adjustment concludes that the requested special exception meets
the standards for granting a special exception for front yard and side yard modifications under Section
36-69(b), and meets the general standards for special exceptions under Section 36-91(g)(2)b of the
Zoning Ordinance.
Disposition: The Board approved by a 5-0 vote the requested special exception to permit a zero lot line
garage replacement in the RS -8 Zone for properties located at 1173 and 1175 East Court Street, subject
to: 1) the front yard modification being a 20 -foot reduction for the 24 -foot width of the garage along the
Maple Street right-of-way, 2) the side yard requirement being zero feet for both properties for the 24 -foot
length of the garage, 3) the slope and vegetation being tapered to provide vision triangles both east and
west of the driveway with two of the triangular sides at least ten feet in length as measured from the
point of intersection of the east edge of the driveway and the north edge of the Maple Street pavement
and from the point of intersection of the west edge of the driveway and the north edge of the Maple
Street pavement, except that no grading shall be required on the east side of the driveway as a result
of the vision triangle requirements (see Attachment A), and 4) the garage being constructed in a style
that is comparable to the existing garage and compatible with the surrounding neighborhood.
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on Applicant action shall
expire six (6) months from the date they are filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized by the Board's order or
decision. Secfipn 36-91_Ce)(5), Iowa City Zoning Ordinance.
rperson
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Appr ed b
City Attorneyy's Office
1 iLED 0._
J173 '°. F-467
-U0� 27 90 OCT -3 AN 8 26
I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board -o# -AA 6&4nt
Decisions herein are a true and correct copy of the Decisions that were passed by the' Board.of Adjdsttrbgnt of
Iowa City, Iowa, at a regular meeting on the 12th day of September, 1990, as the same appears of record in
my Office.
Dated at Iowa City, Iowa, this �Z day of 1990. CORPORATE SEAL
2 ate,. �% - /�.tn J
Marian K. Karr, City Clerk
1173 1
:�r7
Attachment A
Iowa City Board of Adjustment Decision
SE -9012
September 12, 1990
Co/1R-
,.li'7 i r,= 258
r ILEG t't,00 7624
FEE 1�` SS i 0y 28 AN 8:27
DECISION
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 14, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Jeff Barta, Ernie Galer, Catherine Johnson, Mike Messier, John
Pelton
MEMBERS ABSENT:
STAFF PRESENT:
SPECIAL COUNSEL
TO THE BOARD:
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
None
Melody Rockwell, Mary Jo Neff
John Hayek
John Moreland
SE -9013. The Board held a public hearing on a request submitted by John Moreland, Jr.,
for a special exception to permit dwelling units above the ground floor of a principal use
in the CC -2 zone for property located at 1556 First Avenue.
Findings of Fact: The Board finds that the proposed special exception to permit dwelling
units above the ground floor in the CC -2 zone is a use compatible with other uses in the
immediate vicinity. The Board finds that the applicant is requesting ten dwelling units
when full use of the property would permit thirteen units, and that the parking regulations
will be met.
Conclusions of Law: The Board of Adjustment concludes that the requested special
exception meets the standards regarding maximum density set forth in Section 36-
19(d)(5). The Board concludes that the applicant will meet the standards set forth for
required parking, and also meets the general standards for special exceptions under
Section 3S-91(g)(2)b of the Zoning Ordinance because public safety considerations will
be assured, the enjoyment and use of adjacent properties will be enhanced, and off-street
parking conditions and vehicular accessibility will not be negatively affected as a result
of the proposed project.
Disposition: The Board approved, by a 5-0 vote, the requested special exception to
permit up to ten dwelling units above the ground floor for property located at 1556 First
Avenue subject to the property owner, 1) providing signs which designate the parking
spaces allocated for residential use, 2) providing security lighting for the parking area,
particularly at the residential entrances to the building, and 3) that there be compliance
with the off-street parking regulations as required by City Ordinance.
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on
Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless
the Applicant shall have taken action within such time period to establish the use or construct
the improvement authorized by the Board's order or decision. Section 36-91(e)(5), Iowa City
AI or 1186
346
I L E
mOV 2 7 MI
.,
b" City..Im
Board of Adjustment Decision
November 14, 1990
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 Decision herein is a true and correct copy of the Decisions that were passed by the
Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 14th day of November, 1990,
as the same appears of record in my Office.
Dated at Iowa City, Iowa, this % 1" day of j i�re��,/�.Q�i 1990.
7/'ia�it ) 7C . 71QiLY
Marian FFKarr, City Clerk
CORPORATE SEAL
ppdadm1n\m1ns\dec11-14.boa p ®d y
Clty Attorney's Offlco �+//�/va
,' `1186 347
a. -
FEE
DECISION
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 14, 1990 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Jeff Berta, Ernie Galer, Catherine Johnson, Mike Messier, John
Pelton
CI 078v(,
8v(,
MEMBERS ABSENT: None FILEDNO�
STAFF PRESENT: Melody Rockwell, Mary Jo Neff
90 DEC -4
Ahl 8: A
SPECIAL COUNSEL
TO THE BOARD: John Hayek
�•
r
��`'
OTHERS PRESENT: Jim Bradley, Dan Boyle, Dean Spina, John Kammermeyer,
'
Holbrook, Clemens Erdahl, William Dull, Jan Dull, Micha FEC
IN-,Di.R
Nick Russo, Marti Milani, Jim Ponto, Jim Clark, Keith West ercamp, i,•,
14 I.'- I.. WA
Brian Hutchinson, Jim Larew, Kermit Shaker, Pat Eckhardt,
Stephanie Slavin, Edith Derby, Cam Campbell, Duane Moore, Larry
lYaters, Richard Miller, John Saddler, Chuck Huss, Richard Breon,
Terry Hale
APPEAL TO THE BOARD OF ADJUSTMENT:
1. 1-9002. The Board held a public hearing on an appeal filed by John Kammermeyer, M.D.,
and the Northside Neighborhood Association by John Kammermeyer, M.D., of the Zoning
Code Interpretation Panel decision that a helipad is a permitted principal use in the
Commercial Office Zone.
Findings of Fad: Mercy Hospital In Iowa City is located in a CO -1, Commercial Office
Zone. Mercy Hospital offers the public a broad range of medical and ancillary services.
Mercy Hospital argues that providing air ambulance (helicopter) service to the hospital
Is an integral part of hospital operations.
The Board finds that while a hospital under the Iowa City Zoning Ordinance may offer
'emergency medical services; this does not necessarily mean that all forms of
transportation and ancillary facilities to service the same are permitted in a CO -1 zone.
Transportation by helicopter cannot be Implicitly considered as an "integral part" of Mercy
Hospital's facilities or services and Is not therefore a permitted principal use of the
property as a hospital under Section 36-4(h)(3), Iowa City Zoning Code. The Board
believes that the Zoning Code Interpretation Panel erred in holding otherwise.
In the Board's view, the omission of a use from a particular zoning district under the Iowa
City Zoning Code, is, In fact, a prohibition of that use in that particular district. A heliport
or helicopter landing area is a use which cannot be allowed in a particular zoning district
except as specifically permitted by the Iowa City Zoning Ordinance. The Board finds that
the Iowa City Zoning Ordinance specifically permits helipads and heliports in three zones
and then only by special exception, but the ordinance does not list such a use as a
permitted, provisional or allowed use by special exception in any commercial zone,
Including the CO -1, Commercial Office Zone, in which Mercy Hospital is located. The
Board finds that issues such as safety, noise, vibration, peaceful enjoyment of property,
property values, and the preservation of neighborhood integrity are relevant facts to
Interpretation of the ordinance in that the zones in which helipads are expressly permitted,
and then only by special exception, are outlying, non-residential areas.
The Board finds that the difference between ground ambulance service and air
(helicopter) ambulance service is both a difference in degree as well as in kind. The
Board notes that facilities for vehicular transportation are already in place in this zone and
have already become integrated into the activities of persons and businesses in that and
other zones. The Board finds that there is significant and substantial difference in the
Impact on the neighborhood between the use of vehicular ambulances and helicopters.
The noise emitted by a helicopter is different and the vibration is distinct from ground
transportation and because of this difference the Board believes it Is reasonable to review
helipad use with scrutiny, such as through a special exception process, rather than
allowing the use by Implication Into a zone in which the use is not specifically permitted.
This appears to the Board to be the regulatory approach taken in the Iowa City Zoning
Ordinance.
Board of Adjustment Decision
November 14, 1990
Page 2
Conclusions of Law: The Board of Adjustment concludes that the Zoning Code
Interpretation Panel decision was clearly erroneous. The Board concludes that a helipad
or helicopter is not permitted under the Iowa City Zoning Code for hospitals in a CO -1
Zone.
Disposition: The Board granted, by a 5-0 vote, an appeal submitted by John
Kammermeyer, M.D., and the Northside Neighborhood Association to overturn the Zoning
Code Interpretation Panel decision that a helipad is a permitted principal use in the
Commercial Office Zone.
TIME LIMITATION:
All orders and decisions of the Board which do not otherwise provide a time limitation on
Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless
the Applicant shall have taken action within such time period to establish the use or construct
the improvement�gthorized b the Board's order or decision. Section 36-91(e)(5), Iowa City
Zonino Ordrdaca<`a/
JpfiryPelton, Chairperson
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
1, Marian K Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of
Adjustment Decision herein Is a true and correct copy of the Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 14th day of November, 1990,
as the same appears of record in my Office.
Dated at Iowa City, Iowa, this day of .f .aa 1990
pptlaominlmins\boa 11-14.da
/�(QiLG2 2 /\d_M
Marian K Karr, City Clerk
t P,11GC 'ir_ 8