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
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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.
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SORPORATE SEAL
Mari K. Karr, City Clerk
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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
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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.
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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
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Marian K. Karr, City Clerk
dJuKlr,36 F:, i8
CORPORATE SEAL
" 30 10
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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
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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
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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
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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.
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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.
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Marion K. Karr, City Clerk
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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
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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
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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
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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!-
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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
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