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HomeMy WebLinkAbout1991 Board of Adjustment Decisions4 � FEE ,�Fb DECISION IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 13, 1991 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS 1)i�S s _�zro zt 8: 17 MEMBERS PRESENT: Jeff Barta, Candace Boyd, Ernie Galer, Catherine Johnson, John Pelton MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Dana Christiansen, Mary Jo Neff OTHERS PRESENT: Mike Hodge, Kirk Knickerbocker, Chad Murphy, Karen Hradek, Norville Tucker, Chris Stephan, Garry Hamdorf, Marilyn Adam, Kathy Siems, Jody Krier, Darlene McNulty, Dave Streb SPECIAL EXCEPTION ITEM: SE -9014. The Board held a public hearing on a request submitted by Hodge Construction for special exceptions to permit an auto and truck oriented use and to reduce the required number of stacking spaces in the CC -2 zone for property located at 550 Highway 1 West. Findings of Fact: The Board concurs with the City Traffic Engineer's concerns that the proposed auto and truck oriented use is too intensive a vehicular use near a major highway intersection. The Board finds that the site design could be revised to accommo- date the required number of stacking spaces. However, the applicant's proposed site plan, especially due to the requested reduction in the required number of stacking spaces, could result in off-site vehicular stacking. That is, spillovers onto Miller Avenue could occur and could create vehicular turning problems on Highway 1 West during peak usage periods. The Board further finds that the use and enjoyment of neighboring properties could be reduced because of increases in noise and traffic associated with the proposed auto and truck oriented use. Conclusions of Law: The Board of Adjustment concludes that the requested special exceptions do not meet the general standards for special exceptions under Section 36- 91(g)(2)b of the Zoning Ordinance. Granting a request to modify the required number of stacking spaces under Section 36-58(a)(2)a. or to permit an auto and truck oriented use as proposed in the Community Commercial Zone under Section 36-19(d)(1) could endanger public safety. Disposition: The Board denied by a 0-5 vote the requested special exceptions to permit an auto and truck oriented use and to reduce the required number of stacking spaces in the CC -2 zone for property located at 550 Highway 1 West. 2. SE -9101. The Board held a public hearing on a request submitted by La Petite Academy for a special exception to permit a childcare facility in the CC -2 zone for property located at 1504 Mall Drive. Findings of Fact: The Board finds that the applicant will provide more than the required number of off-street parking spaces for the proposed childcare facility. The Board finds that access drive sight distance is improved by eliminating a corner driveway and designating compact spaces on the northeast portion of the site. The Board notes that discussion of traffic concerns focused primarily on First Avenue, not Mall Drive. The Board finds that the applicant's provision of appropriate fencing will enhance the safety and compatibility of the childcare facility and the neighboring car wash use. The Board further finds that no evidence was presented to show that the proposed use would negatively affect the use and enjoyment of adjoining property. The Board finds that commercial feasibility of new or existing businesses is not within the Board's jurisdiction. Conclusions of Law: The Board of Adjustment concludes that the applicant has met the standards under Section 36-19(d)(3) and Section 36-91(g)(2)b. The conditions of approval should assure public safety as well as the enjoyment and use of adjacent commercial property. 1210 21 F I L E OR 71991 ANrian K Kart, t�erk Iowa Iowa J Board of Adjustment Dem' -ion February 13, 1991 Page 2 Disposition: The Board approved by a 5-0 vote the requested special exception to permit a childcare facility in the CC -2 Zone for property located at 1504 Mall Drive subject to the following conditions. 1) That 23 off-street parking spaces be provided on-site with the three most northeasterly parking spaces along the Mall Drive frontage being designated for compact vehicles only, 2) That the maximum enrollment of the childcare facility not exceed 120 children, 3) That the subdivision issue be resolved, and the common driveway agreement be properly executed, if needed, prior to the issuance of a building permit for the childcare facility, and 4) That screening in the form of a six foot high solid fence be provided between the 1455 S. First Avenue property and the after-school program ("Super Stars") playground on the 1504 Mall Drive property. SE -9010. The Board approved by a 5-0 vote a request submitted by David Streb for a six-month extension of an August 15, 1990, Board of Adjustment decision to permit an auto and truck 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 the location of the rock drive and the means of preventing its usage in relation to the subject property. The order of the Board is extended to August 15, 1991. 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 under the terms of the Board's order or decision. Section 36-91(e)(5), 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 Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 13th day of February, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa, this 7 day of 1991. ppdadm1n\m1m\boa2-13.da SORPORATE SEAL Mari K. Karr, City Clerk .J_ 12j u ,- 2ol� F I L E W TWD >r 00 FEE DECISIONS IOWA CITY BOARD OF ADJUSTMENT MAY 8, 1991 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Jeff Berta, Ernie Galer, Catherine Johnson, John Pelton MEMBERS ABSENT: Candace Anderson 15C7:3c7 FILED 110-- + STAFF PRESENT: Melody Rockwell, Mary Jo Neff 900Kf�6, -,'!E OTHERS PRESENT: Kevin Monson, Mary Nabor 91 MAY 31 AM 8: 39 SPECIAL EXCEPTION ITEMS: SE -9104. Public hearing on a requ amend the April 10, 1991, Board of a parking area in the RM -145, High located at 109-115 Market Street. :.ss ,2 est submitted by Gloria Dei Lutheran Church to' Adjustment decision permitting construction of Rise Multi -Family Residential zone, for property Findings of Fact: The Board finds that the condition concerning frontage combined with the original conditions regarding a planted 8 -foot buffer between the parking and the historic Sanxay-Gilmore structure will ameliorate the impact of the parking area on adjacent properties. The Board finds that the conflict with traffic on Market Street should be minimal. Conclusions of Law: The Board concludes that amending its April 10, 1991, decision with two additional conditions and permitting the construction of up to 30 off-street parking spaces will not change the integrity of the original Board decision. The Board of Adjustment concludes that the applicant has met the standards under Section 36- 15(d)(5) and Section 36-91(g)(2)b. Disposition: The Board approved by a 4-0 vote the requested amendment to the Board's April 10, 1991, decision to expand a religious institution to allow construction of up to 30 parking spaces in the RM -145 zone for property located at 109-11 E Market Street subject to the property owner: 1) Providing a minimum of eight feet between the proposed parking area and the Sanxay-Gilmore House located to the west of the site, 2) Between the parking area and the Sanxay-Gilmore House, constructing and maintaining a four -foot high, white -painted lattice or picket fence with plantings of either a privet hedge or vining plants such as old-fashioned clematis, grape ivy or bittersweet along the east side of the fence, 3) Retaining two handicapped parking spaces, and I L E M10f 3 019®1 0 1/1:35oft SF Madan K Kart, City (lark lorry Iowa Decisions Iowa City Board of Adjustment May 8, 1991 Page 2 4) Constructing the parking area with the same setback from Market Street as shown on the site plan presented to the Board of Adjustment at its April 10, 1991, meeting. 2. SE -9105. Public hearing on a request submitted by U.S. West Communications for a special exception to permit a utility expansion allowing construction of a fiber optics building in the 1-1, General Industrial, zone for property located at 2433 Scott Boulevard. Findings of Fact: The Board finds that having a distribution center for telephone service should facilitate development in the southeast area of the City. The Board further finds that the planting of Blue Spruce trees along the east side of the proposed building will screen the facility from both Scott Boulevard and from the residential zone in Johnson County located immediately east of Scott Boulevard. The Board finds that an access drive limitation to one point on Scott Boulevard will minimize the disruptive effect on traffic on Scott Boulevard. Conclusions of Law: The Board of Adjustment concludes that the applicant has met the standards under Section 36-27(d)(3) and Section 36-91(g)(2)b. The conditions of approval should assure public safety as well as the enjoyment and use of surrounding properties. Disposition: The Board approved by a 4-0 vote the requested special exception to permit the construction of a 10 -foot x 20 -foot fiber optics building for property located at 2433 Scott Boulevard subject to: 1) Documentation of compliance with right-of-way tree requirements, and 2) An access drive limitation to one point on Scott Boulevard. TIME LIMITATIONS: 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 were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zoning Ordinance. rperson I I I MAY 3 01991 23c-0436 Pr:: 77 B.asC_ ` Decisions Iowa City Board of Adjustment May 8, 1991 Page 3 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 their regular meeting on the 8th day of May, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa, this sI:p _day of 221 a2 41 1991 . ppdedmin\mins\5-8boa.dec �p> 7P� Marian K. Karr, City Clerk dJuKlr,36 F:, i8 CORPORATE SEAL " 30 10 o N CI e r DECISIONS LA - IOWA IOWA CITY BOARD OF ADJUSTMENT as JULY 10, 1991 - 4:30 P.M. Manan K. Kan, City perk CIVIC CENTER COUNCIL CHAMBERS Iowa City,Iowa MEMBERS PRESENT: Candace Anderson, Jeff Barta, Ernie Galer, Catherine Johnson, John Pelton MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Dana Christiansen, Mary Jo Neff OTHERS PRESENT: Mary Feigenspan, Howard Carroll, Larry Schnittjer, Jong Koo Lee, Clyde Guillaume, Mike Abel SPECIAL EXCEPTION ITEMS: 1. SE -9004. Public hearing on a request submitted by the Living Word Christian Fellowship to amend the section of the April 11, 1990, Board of Adjustment decision requiring vegetative screening for property located in the CB -2 zone at 318 Bloomington Street. Findings of Fact: The Board finds that the conditions on the north and east boundaries of the property are not conducive to and do not warrant vegetative screening. The poor soil conditions, the underlying commercial zoning of the affected properties, and the agreement of the interested parties were factors considered by the Board. The Board further finds that requiring screening along the east boundary of the property could result in a reduction in visibility in the area that could negatively affect police protection, and thereby public safety. Conclusions of Law: The Board concludes that amending its April 11, 1990, decision by waiving all screening requirements will not compromise the integrity of the original Board decision. The Board of Adjustment concludes that the applicant has met the intent of Ordinance Sections 36-58(e)(1) and 36-760). Disposition: The Board approved by a 5-0 vote the requested amendment to the Board's April 11, 1990, decision to expand a religious institution in the CB -2 zone at 318 Bloomington by waiving all screening requirements between the parking area and the north and east boundaries of the property. 2. SE -9106. Public hearing on a request submitted by the Iowa City Korean Baptist Church for a special exception to permit the establishment of a religious institution use in the RS -5 zone for property located at 1715 Mormon Trek Boulevard. Findings of Fact: The Board finds that permitting a religious institution use on this RS -5 zoned property as designed will result in an improvement to the property. The Board further finds that the revised driveway and parking lot design will minimize traffic impacts on Mormon Trek Boulevard. r July 10, 1991 Page 2 Conclusions of Law: The Board of Adjustment concludes that the applicant has met the standards under Section 36-55(n) and Section 36-91(g)(2)b. The condition of approval concerning screening should assure the enjoyment and use of surrounding properties. r-' Disoosition: The Board approved by a 5-0 vote the requested special exception to permit the establishment of a religious institution use in the RS -5 zone for property located at 1715 Mormon Trek Boulevard, subject to 1) the applicant executing an agreement with the City to provide vegetative screening along the north edge of the main parking area if the existing drainageway vegetation is removed, and 2) submitting a dedication document for the portion of the property which projects into the 40 -foot westerly half of the Mormon Trek Boulevard right-of-way. TIME LIMITATIONS: 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 were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zoning Ordinance. 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 their regular meeting on the 10th day of July, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa, this �_ day of �L/GZe/ 1991. Maria)T K. Karr, City Clerk minslboaT I O.dec _ DECISIONS l 1I opO FE 004061 IOWA CITY BOARD OF ADJUSTMENT FILED N0. ll AUGUST 14, 1991 - 4:30 P.M. 300KI;pl PAuE 3 CIVIC CENTER COUNCIL CHAMBERS 1991 AUG 28 AM 8: 06 MEMBERS PRESENT: Jeff Barta, Catherine Johnson, John Pelton -- MEMBERS ABSENT: Candace Anderson, Ernie GalerRECORDER JOHNSON CO.. IOWA STAFF PRESENT: Melody Rockwell, Dana Christiansen, Doug Boothroy, Karin Franklin, Mary Jo Neff OTHERS PRESENT: Kevin Monson, Rev. Roy Wingate, Illene Holbrook, Meredith Alexander, Polly Brandt, Patricia Eckhardt, K.W. Lange, Gene Knutson, Tom Werderitsch SPECIAL EXCEPTION ITEM: 1. SE -91078. Public hearing on a request by Zion Lutheran Church for a special exception to permit expansion of a religious institution enabling conversion of a residential dwelling unit for use as a youth education center for property located at 320 N. Johnson. Findings of Fact. The Board finds that the proposed supervised use of the youth center for Sunday school on Sunday mornings and for two to three evening meetings a month to constitute reasonable use in a residential neighborhood. The Board finds that the preservation of the residential integrity of the structure will not be negatively affected by the granting of the requested special exception. The Board further finds that the proposed use should prove compatible with that of surrounding properties, particularly since the subject property is situated north of the Zion Lutheran Church building, east of a 12-plex apartment south of a four -unit residence, and west of paved off-street parking owned by Zion Lutheran Church. Conclusions of Law: The Board concludes that the establishment of a youth center will not prove injurious to the use and enjoyment of other property in the immediate vicinity, and that the condition of approval should ensure that the residential character of the structure is maintained. The Board concludes that the applicant has met the standards under Section 36-11(d)(7), Section 36-11(g)(1), Section 36-55(m), and Section 36- 91(g)(2)b. Disposition: The Board approved by a 3-0 vote the requested special exception to permit expansion of a religious institution at 320 N. Johnson enabling only conversion of the first floor residential dwelling unit for use as a youth education center. TIME LIMITATIONS: 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 were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), fowa Citv Zoning Ordinance. Peltori, Chairperson L t FAU6 2 �Ot" 1272 ---- Mahar K. Karr, City Iowa City Board of Adjustment Decisions August 14, 1991 Page 2 Approved o. City Attorney's Office V/,7/,f/ 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 their regular meeting on the 14th day of August, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa, this day of 1991. Marian K. Karr, City Clerk mins\boa8-14.dec 0. SM 1 L E ' AUG 201991 -1272' 346 FEE DECISION IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 11, 1991 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT STAFF PRESENT: OTHERS PRESENT: Candace Anderson, Jeff Pelton. None. FILED NO.- 005611 BOOK "';F 91 SEP 25 AN 8- 14 91 SEP 24 All 10: 42 X , 0 y CETT Ci_ER'ri `_0.yirDER Barta,EVo GoTeY, P.0-erine J6'hris8n JW#A Melody Rockwell, Dana Christiansen, Jeff Davidson, Bob Miklo, Mary Jo Neff Kevin Monson, Ken Lange, Paula Brandt, Meredith Alexander, Ray Galbreth SPECIAL EXCEPTION ITEMS: SE -9107A. Public hearing on an application submitted by Zion Lutheran Church for special exceptions to permit expansion of a religious institution and modification of screening requirements for use of property located in the RM -12 zone at 617, 619 and 621 E. Davenport as a parking area. Findings of Fact: The Board finds that the requested special exception to expand a religious institution would constitute a serious and unnecessary change in the character of an established residential neighborhood. The Board further finds that negative impacts such as additional noise, glare from headlights and parking area lighting, and increased stormwater runoff would result in a decrease in the value of other properties in the neighborhood and a reduction in the enjoyment of the use of other properties in the neighborhood. The Board finds that sufficient parking exists in the area so the proposed change is not necessary. Conclusions of Law: The Board concludes that the applicant has not met the standards under Section 36-91(g)(2)(b). Specifically, the Board concludes that the applicant has failed to demonstrate that the proposed exception will not be injurious to the use and enjoyment of other property in tho immediate vicinity for the purposes already permitted, and will not substantially diminish and impair the property values within the neighborhood (standard 2), that the proposed exception will not impede normal and orderly development and improvement of surrounding property for uses permitted in the zone in which the property is located (standard 3), and that the proposed use is consistent with the short-range Comprehensive Plan of the City (standard 7). Disposition: The Board denied by a 2-3 vote (Barta and Johnson voting in the affirmative) the requested special exception to permit expansion of a religious institution and modification of screening requirements for a property located at 617, 619 and 621 E. Davenport. 2. SE -9108. Public hearing on an application submitted by Delta Chi Fraternity for special exceptions to reduce the amount of required off-street parking and to modify the screening requirements for property located in the RM -12 zone at 314 Church Street. IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 11, 1991 PAGE 2 Findings of Fact: The Board finds that the proposed special exception to reduce the amount of required off-street parking for property located at 314 Church Street is reasonable considering the current use of the property and the ameliorating conditions of the special exception approval. The Board finds that the proposed alternative screening should be compatible with surrounding properties. Conclusions of Law: The Board concludes that the reduction in the amount of required off- street parking and modifications of the screening requirements should not prove injurious to the use and enjoyment of other property in the immediate vicinity. The Board concludes that the applicant has met the standards under Sections 36-58(i), 36-58(e) and 36-91 (g)(2)b. Disposition: The Board approved by a 5-0 vote the requested special exception to reduce the amount of required off-street parking and to modify the screening requirements for property located at 314 Church Street, subject to the applicant: (1) Conforming with the staff -recommended parking area plan (Attachment A) dated September 6, 1991, (2) Not converting storage areas to office or more intensive uses, (3) Prior to receipt of a building permit for the addition, obtaining staff approval of the elevations of the addition in accordance with the Secretary of the Interior guidelines for historic buildings. The approval applies only to Delta Chi's commercial office use of the property located at 314 Church Street. Due to safety considerations, the Board waived the screening requirements for the northwest portion of the parking area. TIME LIMITATIONS: 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 were filed with the City Clerk unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zoning Ordinance. _ i I v -mow tP19 �.D hn Pelton, Chairperson o Pprove y ry City Attorney's Office o7,0 o 7-,Z N IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 11, 1991 PAGE 3 STATE OF IOWA I 1 ss: JOHNSON COUNTY i I, Marion 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 their regular meeting on the 11 th day of September, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa this JI/41 day of 1991. ImineAboa9-11_dec CI.Lc-tic% =e � Marion K. Karr, City Clerk 82 CORPORATE SEAL 0 �n M -n �2 nk :4� .<rx. o w ATTACHMENT A; APPROVED PARKING AREA REDESIGN Delta Chi Fraternity, 314 Church Street c -p �e too" two I I F'E CL- Fol S,SL S 2lT6L Sctr-M U L 0 s'rftogm .fLD �I S PnCL p f1 S'(A. w7OA2D O'1' S PAtL l7I S�� Lvl spdw CD \ P2a PoJ✓-M \\ PrD�1T IO1J \ \ I.—tC7 Ion a 83 � U J '1 � U " APPfZpUE.D SCrEENING- PLfIN ("19 iE)etALS: S' WOo DEr4 FENCE Z 3E tZM VEC- 7j7/oiJ: Ever3reer7S(droad,noor, .7c iper),Hardy P/aA(Igurning 01Sh) IFLES Spirea,3ar rn��, perenno( bu175(uar1c+7) ALLEY r nnaete reta;nln, wall 91 SEP 24 CITY 101"dA Cl S'Wao 1 fence PrtPakd tandscapn� a' hefwt 91W"r 7un,'per Burh %n8 BUsti Sp;rea 6srter y btabh -wne(i I-- in: t:_; 60 i J gfws8 81 3 0 ,vcks STORAG E c j tt, SHED PARKING LOT (ospnar(lmaPalan) Ext5T/NG gUILD/NG roV.v YAILkVy _ Grass ` �In IOWA CITY BOARD OF ADJUSTMENT OCTOBER 9, 1991 PAGE 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I, Marion 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 their regular meeting on the 9th day of October, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa this a.2- Aze day of 1991 . \mins%boe10.9.dec Marion K. Karr, City Clerk 1 FEE � 15� >•I�Foiaq � t,9u7o 15 91 GCT 24 AH 8: 15 0 0 )' 4 N n� N I C'7 +��9 o� A co :. '1291 15 DECISION F I 1� IOWA CITY BOARD OF ADJUSTMENT OCTOBER 9, 1991 - 4:30 P.M. 91 OCT 22 Art 11: 28 CIVIC CENTER COUNCIL CHAMBERS CITY CLERK MEMBERS PRESENT: Candace Anderson, Jeff Berta, Ernie Galert%� kh iji�i��•J"gi on, John Pelton. MEMBERS ABSENT: None. STAFF PRESENT: Monica Moen, Dana Christiansen, Mary Jo Neff OTHERS PRESENT: Larry Schnittjer, John Moreland, Linda Dykstra, Paul Dykstra. SPECIAL EXCEPTION ITEMS: SE -91 10. Public hearing on a request submitted by Boyd Investments for a special exception to permit a residential use above the ground floor in the CI -1 zone for property located at 625 S. Gilbert Street. Findings of Fact: The Board finds that allowing this special exception should have a negligible impact on surrounding land use patterns. The Board further finds that the proposed residential use in a commercial structure should not diminish the enjoyment or use of other property in the immediate vicinity for purposes already permitted in the zone. The Board also finds that the conditions of approval will provide sufficient screening to protect the enjoyment of the residential uses. Conclusions of Law: The Board of Adjustment concludes that the applicant has met the standards under Sections 36-23(d)(3) and 36-91(g)(2) of the Zoning Ordinance. Disposition: The Board of Adjustment approved SE -91 10 by a 4-1 vote (Johnson voting in the negative), a special exception to permit up to 8 dwelling units above the ground floor of a principal use for property located in the CI -1 zone at 625 S. Gilbert Street, subject to the applicant (1) developing the site in accordance with the site plan revised on October 9, 1991, with the addition of two columnar maples to the vegetative island illustrated on the site plan, and (2) complying with all requirements of the CI -1 rezoning prior to the issuance of a building permit for the proposed structure, including the closing of the south curb cut and removal of outdoor display material. SE -9111. Public hearing on a request submitted by Iowa City Landscaping for a special exception to modify a front yard requirement along Hudson Avenue to permit a fence which exceeds four feet in height for property located at 520 Highway 1 West. Findings of Fact: The Board finds that granting the yard modification as requested with an open -type of fence set behind a vegetative screen should not contribute to a sense of overcrowding or the appearance of congestion. The Board of Adjustment further finds that the impacts of the proposed special exception are offset by the required vegetative screening and that complying with the setback provisions of the Ordinance would not make the proposed redevelopment of Lot 22 noticeably more compatible or less intrusive for the IOWA CITY BOARD OF ADJUSTMENT OCTOBER 9, 1991 PAGE 2 residential area to the north and east. The Board also finds that the requested special exception would neither increase population density in the area nor impose an additional burden on available municipal facilities. Conclusions of Law: The Board of Adjustment concludes that the applicant has met the requirements under Section 36-69(b) and Section 36-91(g)(2)b of the Zoning Ordinance. Disposition: The Board of Adjustment approved by a 5-0 vote SE -91 1 1 , a special exception to reduce the front yard requirement for Lot 22, Bailey & Beck Addition, from 20 feet to 5 feet for the 50 -foot length of its frontage along Hudson Avenue only for the purpose of installing a fence and subject to: (1) a chain link fence not exceeding six feet in height being installed, (2) arbor vitae, or other suitable vegetative material as approved by the City Forester, of at least four feet in height at the time of planting and spaced four feet on center being planted in a five-foot wide planting bed along both the north and east property lines. The vegetation along the north property line of Lot 22 may be planted within the southern five feet of Lot 23 of Bailey & Beck Addition, and (3) no direct vehicular access from Lot 22 being permitted onto Hudson Avenue, and the existing curb on Lot 22 being closed, and (4) in the event Council does not approve the request to rezone Lot 22 to CI -1, the special exception approval will apply to a fence not to exceed six feet in height on Lot 21, subject to conditions 1 and 2 above. TIME LIMITATIONS: 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 were filed with the City Clerk unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zoning Ordinance. Pelton, Chairperson lx<1291 r 1-7 u7 _ 0 C-) 0 c-) .<r' -n r O �. A N m lx<1291 r 1-7 FEE 0'i517�0 _ DECISIONS I L IOWA CITY BOARD OF ADJUSTMENT cj j ��'! 22 PPI( $ NOVEMBER 13, 1991 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS CITY CLER" MEMBERS PRESENT: Candace Anderson, Jeff Barta, E�Ftir'����'Ee ine JohpsQp,,f' John Pelton. t J5 MEMBERS ABSENT: None. I2 NOV 2 8: 22 STAFF PRESENT: Melody Rockwell, Anne Burnside, Mary Jo Neff OTHERS PRESENT: Richard Valentine, Dear. Thornberry, John Roffman SPECIAL EXCEPTION ITEMS: 1. SE -9003. Public hearing on a request submitted by Richard Valentine and M. Kathleen Clark for an extension of the April 1 1, 1990, Board of Adjustment approval of a special exception to reduce the front yard requirement for property located in the RS -5 zone at 150 Oakridge Avenue. Findings of Fact: The Board finds that the requested extension will permit a residential renovation that will improve the property, thereby substantially increasing the assessed value of the property and tax revenues to the City. Conclusions of Law: The Board concludes that the applicant has previously met the standards for granting a yard modification required under Section 36-69(b) and also has met the general standards for special exceptions under Section 36-91(g)(2)b of the Zoning Ordinance and circumstances have not changed since the original special exception was granted by the Board on April 11 , 1990. Disoosition: The Board granted by a 5-0 vote the additional requested extension of the April 11, 1990, Board of Adjustment approval of a special exception to reduce the front yard requirement for property located in the RS -5 zone at 150 Oakridge Avenue for a period of 12 months from October 1 i , 199 1, to Ociuber 11 , 1992. 2. SE -9112. Public hearing on a request submitted by Dean Thornberry for a special exception to permit up to four dwelling units above the ground floor of a principal use in the CI -1 Zone for property located at 519 Highland Avenue. Findings of Fact: The Board finds that the site plan for the proposed special exception provides landscape screening to protect the residences to the northeast from the proposed commercial use, and to increase the residential livability of the four dwelling units that have been proposed above the commercial use. The Board finds that the ameliorating conditions of the special exception approval, namely designating the parking for the residential tenants with appropriate signage and the provision of security lighting for the residential entrances should also help to improve the residential livability. The Board also finds that the elimination of the proposed connecting drive between the parking area for the proposed use and the Burger King parking area, and tj( 1300 nu 43 ti Board of Adjustment November 13, 1991 Page 2 limiting access from Highland Avenue to one centrally -located drive, should improve traffic safety. Conclusions of Law: The Board concludes that the applicant has met the general standards for granting a special exception under Section 36-91(g)(2) and the specific standards of Section 36-23(d)(3) for permitting dwelling units above the ground floor of a principal use in the CI -1 Zone. Disposition: The Board approved by a 4-0-1 vote (Barta abstaining) the requested special exception to permit up to four dwelling units above the ground floor of a principal use for property located in the CI -1 Zone at 519 Highland Avenue subject to the property owner (1) developing the site in accordance with the site plan date- stamped November 4, 1991, except that the connecting drive should be eliminated, and a minimum of 14 off-street parking spaces, including at least one handicapped - accessible parking space, should be provided in the north parking area off Highland Avenue, (2) designating the residential tenants' parking spaces with appropriate signage near the residential entrances on the south side of the proposed building, and (3) providing security lighting for the residential entrances. 3. SE -9114. Public hearing on a request submitted by John Roffman, on behalf of property owners Robert D. Mickelson and Barbara E. Mickelson for a special exception to permit up to 12 dwelling units above the ground floor of a principal use permitted in the CI -1 zone for property located at 725 S. Clinton Street. Findings of Fact: The Board finds that the proposed special exception should not negatively impact the surrounding commercial uses. The provision of sufficient on-site parking as well as sufficient setbacks and landscaped buffers should minimize the effects of the residential activities on adjacent properties. The Board finds the development of this site as proposed should provide architectural interest and compatibility with other significant structures in the area as well as upgrading the value of the property and thereby increasing the tax revenues to the City. Conclusions of Law: The Board concludes that the applicant has met the general standards for the granting of a special exception of Section 36-91(g)(2) and the specific standards of Section 36-23(d)(3) for permitting dwelling units above the ground floor of a principal use permitted in the CI -1 zone. Disposition: The Board approved by a 4-0-1 vote (Galer abstaining) the requested special exception to permit up to 12 dwelling units above the ground floor of a principal use for property located in the CI -1 zone at 725 S. Clinton Street subject to the property owner (1) providing screening on the north and west boundaries of the property as shown on the site plan date-stamped November 5, 1991, (2) complying with the tree regulations, (3) providing sufficient non -required parking spaces for dumpsters, and providing adequate screening for the dumpsters, and (.4.) desieating the parking spaces reserved for residential tenants with appropriate sEQ qez!- c7 C rV �n N _ M p ., , 1300 9o; 44C13 _X CO V Board of Adjustment November 13, 1991 Page 3 TIME LIMITATIONS: 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 were filed with the City Clerk unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zonino Ordinance. Jo elton, Chairperson Approved by��'/7i" City Attorney's Office 11/,//41 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 their regular meeting on the 13th day of November, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa this 0202 day of 991. Marian K. Karr, City Clerk \mins\bos11-13.dec 00 0 a? PO RATE S. f}e sem. L S. 6 CD ;►!1300 Pl.: 45 2 K M C-) C Nom" �n r— -10 CD