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HomeMy WebLinkAbout1992 Board of Adjustment DecisionsFEE 101, DECISION IOWA CITY BOARD OF ADJUSTMENT 92 JAN -8 PIH 4* 21 DECEMBER 11, 1991 - 4:30 P.M. CITY CLERK CENTER COUNCIL CHAMBERS 10VIA CITY, lily MEMBERS PRESENT: Candace Anderson, Jeff Barta, Ernie Galer, Catherine Johnson, John Pelton. MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Dana Christiansen, Mary Jo Neff. 010882 OTHERS PRESENT: T. J. Doyle, Werner Schwarz. VARIANCE ITEM ` >• i j 1. VR -9102. Public hearing on a request submitted by Doyle Sons, Inc., for Eagle Country Market, for a variance to permit alteration of up to four free-standing signs in the CN -1 zone for property located at 600 N. Dodge Street and at the parking area located south of the Eagle store, across Church Street. Findings of Fact: The Board finds that the applicant would continue to have reasonable usage of the property if the requested variance were denied; the Eagle store should be able to stay in business and do well . The Board finds that the applicant can still advertise using other signage options which exist by right in the CN -1 zone. The Board further finds that the applicants' burden of compliance with the Zoning Ordinance is not unique from that placed on other similarly situated businesses. The Board finds that it has established a precedent of denying variance requests to permit free-standing signs in the CN -1 zone, and considers it inequitable to grant the requested variance, when it has been denied to other businesses in like circumstances. The Board agrees that the Eagle store did not cause the zoning change which prohibits free-standing signs. The Board finds that large, lighted signs glowing at night are incompatible with the surrounding residential neighborhood, and the intent of the Neighborhood Commercial (CN -1) zone. Conclusions of Law: The Board concludes it is clear that the applicant has failed to meet all three of the tests of unnecessary hardship in accordance with Section 36- 61(g)(3) of the Zoning Ordinance. The Board further concludes that granting the requested variance would be contrary to the intent of Zoning Ordinance Section 36- 62(c)(2) to require low profile signage which is suitable within a neighborhood commercial area surrounded by low-density residential uses, and Section 36-63(h) to gradually eliminate non -conforming signs within the community. Finally, the Board concludes that the requested variance does not meet the criteria for the CN -1 zone, which are set forth in the Comprehensive Plan and are designed to preserve the residential purpose and character of the neighborhood. Disposition: The Board denied by a 5-0 vote the requested variance to permit alteration of up to four free-standing signs in the CN -1 zone for property located at 600 N. Dodge Street and at the parking area located south of the Eagle store, across Church Street. ���,13i5 ►::: 6 ' Board of Adjustment November 13, 1991 Page 2 Time Limitations: 82 JAN -8 P11 4: 28 All orders and decisions of the Board which do notcpitho vyr g it a time limitation on Applicant action shall expire six (6) months from t1�e ate tlid� tiere 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. Approved by City Attorney's Office ��/�Z 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 11th day of December, 1991, as the same appears of record in my Office. Dated at Iowa City, Iowa this � day of 1992. Marian K. Karr, City Clerk \mins\boa12-11.dac CORPORATE SEAL ;��1315rV= i --A EE FILED -4-A _ DECISION L�JAN 22 AN o; 00 IOWA CITY BOARD OF ADJUSTMENT JANUARY 8, 1992 - 4:30 P.M. 92 JAN 21 AM j j ° Va.. CIVIC CENTER COUNCIL CHAMBERS CITY CLERK MEMBERS PRESENT: Candace Anderson, Ernie Galer, CaQ'r" 9UX81q,%hn Pelton. MEMBERS ABSENT: Jeff Barta. STAFF PRESENT: Melody Rockwell, Dana Christiansen, Mary Jo Neff. OTHERS PRESENT: Linda Dykstra SPECIAL EXCEPTION ITEM: SE -9111. Public hearing on a request submitted by Iowa City Landscaping to amend the October 9, 1991, Board of Adjustment decision for a special exception modifying the front yard requirement along Hudson Avenue for Lot 22, Bailey and Beck Addition, which was located in the CI -1 zone at 520 Highway 1 West. Findings of Fact: The Board finds that amending its approval of SE -9111 to permit construction of a six foot high solid wood fence would more immediately serve the intended purpose of buffering the negative impacts of the commercial use upon the neighboring residential uses than the originally approved chain link fence. The Board further finds that the solid wood fence combined with the varied, aesthetically pleasing landscape plan proposed by the applicant would provide screening which is more compatible with neighboring residential properties than a chain link security fence and a thickly planted arbor vitae screen. Conclusions of Law: The Board of Adjustment concludes that the requested amendment to its original approval is consistent with the intent of the Board's decision of October 9, 1991. The Board further concludes that the applicant has continued to meet 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, an amendment to SE -9111 to read that the front yard requirement for Lot 22, Bailey and Beck Addition, be reduced from 20 feet to 5 feet for the 50 -foot length of its frontage along Hudson Avenue only for the purpose of constructing a six foot high solid wood fence, and subject to the landscaping plan as submitted by the applicant, date-stamped November 26, 1991, being implemented as proposed. Time Limitations: All orders and decisions of the Board which do not otherwise provide a time limitation on Applicant actions will 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 approvement authorized under the terms of the Board's order or decision. Section 36-91(e)(5), Iowa City Zoning Ordinance. 1318+ 204 A Board of Adjustment January 8, 1992 City At o ney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY) FIa 02 JAId 21 A1111:06 CITY CLERK 1017A CITY, IOWA 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 their regular meeting on the 8th day January, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this l day of 1992. \mins\boa1-8.d9c Marian K. Karr, City Clerk CORPORATE SEAL 1318%,: 205 1 �t FEE DECISION IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 12, 1992 - 4:30 P.M. F? 7`:` ` CIVIC CENTER COUNCIL CHAMBERS 92 FEB 24 P11 3: 21, MEMBERS PRESENT: Jeff Barta, Ernie Galer, Catherine Johnson, John Pelton. CITY CLERK MEMBERS ABSENT: Candace Anderson. IOWA CITY, 1071A 013503 STAFF PRESENT: Melody Rockwell, Linda Gentry, Mary Jo Neff. _--- F3+-. OTHERS PRESENT: Marvin Robertson, Kevin Kidwell c2 F._.; -, F.325 4, 8• L'3 SPECIAL EXCEPTION ITEM: 1. EXC 92-0001. Public hearing on a request submitted by Kevin Kidwell for special exception to permit dwelling units above the ground floor of a commercial use for property located in the CI -1 zone at 714 and 718 S. Dubuque Street. Findings of Fact: The Board finds that proposed use would be desirable for this property and an improvement for the area. The Board further finds that the proposed apartment should have a negligible impact on the surrounding land use patterns and that the adjacent land uses are commercial in nature and/or similar to what is being proposed by the applicant. The Board finds that sufficient parking will be provided by the applicant. The Board noted that the applicant's willingness to comply with staff - recommended conditions to increase green space and make parking more functional improves the site plan. Conclusions of Law: The Board of Adjustment concludes that the applicant has met the specific standards of Section 36-23(d)(3) and the general standards of Section 36- 91 (g)(2) of the Zoning Ordinance. Disposition: The Board of Adjustment approved, by a 4-0 vote, EXC 92-0001, a special exception to permit up to ten dwelling units above the ground floor of a principal use for property located in the CI -1 zone at 714 and 718 S. Dubuque Street, subject to the applicant 11 converting the one most southeasterly and the one most southwesterly off-street parking spaces to planting areas as shown on Attachment A, the revised site plan dated February 4, 1992, and 2) providing a drainage and erosion control plan, approved by the City Public Works Department, for the proposed site development prior to site grading and building construction. Time Limitations: All orders and decisions of the Board which do not otherwise provide a time limitation on Applicant actions 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), Iowa City Zoning Ordinance. 1331 176 Board of Adjustment February 12, 1992 Page 2 City Attorney's Office V"/11112 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 their regular meeting on the 12th day of February, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this day of 1992. \boffi-12.dec 4/ / Man K. Karr, City Clerk 1331 177 SEAL t0 O n rn W DC-) <r— u _m s O � w _ � N Z J —,% ATTACHMENT A: Board Approved Site Redesign 0 LAFAYETTE PROPERTIES AT 220 LAFAYETTE COMMERCIAL/MULTI—FAMILY FILED — — — — — — tME 2$ rM 3a 24 — —ALLEY—C' `L'EY — IOWA ) I C' E10�4"'A „a z, YIINI ^� 10 COMPACTS d 44A a'l 4 1 killg , ! L 2) NEW LARGE TREES ti 4 L! 19 z 1 e 1 I j j I I � I I I I S i I I I AaI Ig I I�II3T SPAa I Ig l Ig l 5. m 1 I I II I I II I I I , � •' L_J L_JL_J L_JL_J L--1PROPOSED BUILDING � I� b I, F I 7 COMPACTSI I NANICAPPED I SfD SPACE S I $ tS1P 1 0 5) IDWNG LARGE R.O.W. TREES f DUBUQUE STREET WILLIAM CONNELL AT 703-709 S. DUBUQUE COMMERCIAL ° 1331 ?A,- 178 UNIVERSITY OF IOWA AT 700 S. DUBUQUE COMMERCIAL DECISIONS IOWA CITY BOARD OF ADJUSTMENT MARCH 11, 1992 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT FEEu��ss r ILL:J' �.,�_ 80 Kls�S Y.GE33S_ Jeff Barta, Ernie Galer Candace Anderson °° 1"2 MAR 25 AM 8: 24 30, !/ PrCORDF_N JCQAS,:h COAPWA Catherine Johnson, John Pelton Melody Rockwell, Brian Mulch, Dana Christiansen, Mary Jo Neff Michael Geary, Gene Brawn, Tom Werderitsch, Linda Bendorf, Gail Kaller, Charles Ruppert, Dick Hovet, Claudia Hovick, Paula Brandt, Jan Dull, Bob Michael, Richard Pattschull SPECIAL EXCEPTION ITEMS: SE -9108. Public hearing on a request submitted by Delta Chi Fraternity for a six- month extension of a September 11, 1991, special exception approval by the Board of Adjustment for property located in the RM -12 zone at 314 Church Street. Findinas of Fact: The Board finds that the applicant's actions have been consistent with the overall plans that were approved by the Board. The Board further finds that the request for an extension is reasonable and that a dispersed Board of Directors would cause a delay. Conclusions of Law: The Board concludes that the applicant still meets the general standards for special exceptions in Section 36-91(g)(2)b of the Zoning Ordinance. Disposition: The Board approved by a 3-0 vote the requested six-month extension of a September 1 1 , 1991, special exception approval by the Board of Adjustment for property located in the RM -12 zone at 314 Church Street to September 11, 1992. 2. EXC 92-0003. Public hearing on a request submitted by Zion Lutheran Church for special exceptions to permit expansion of a religious institution and modification of parking area screening requirements for property located in the RM -12 zone at 617, 619 and 621 E. Davenport. Findings of Fact: The Board finds that this is an appropriate use in this particular neighborhood. The Board further finds that this is a mixed-use neighborhood, and is not clearly residential in nature. The Board finds that the vegetative buffering and downcast lighting will help ameliorate negative effects this use might have on the neighborhood. o i ry Conclusions of Law: The Board concludes that the applicant has rriet-lhe 4ecifix standards of Section 36-11(d)(7) for permitting expansion of a religious..i69tit4tJon and, the specific standards of Section 36-58(e), the requirements for screening Oar king areas. The Board further concludes that the applicant has also met:ahe-genera( standards of Section 36-91(g)(2)b. n= Et A Board of Adjustment March 11, 1992 Page 2 Disposition: The Board approved by a 3-1 vote the requested special exception to permit expansion of a religious institution and modification of parking area screening requirements for property located in the RM -12 zone at 617, 619 and 621 E. Davenport subject to the parking plan being implemented in accordance with the site plan submitted on January 12, 1992 (Attachment A), and that all plantings are completed by October 1, 1992. 3. EXC 92-0004. Public hearing on a request submitted by Regina Catholic Education Center for a special exception to permit expansion of a religious institution for property located in the RS -5 zone at 2140 Rochester Avenue. Findings of Fact: The Board finds that granting the requested special exception will not negatively impact the adjacent properties. The Board also finds that the plans, as submitted, can be brought into compliance with the parking and tree regulations. Conclusions of Law: The Board concludes that the applicant has met the specific standards of Section 36-55(m) and the general standards of Section 36-91(g)(2)b. Disposition: The Board approved by a 4-0 vote a request submitted by Regina Catholic Education Center for a special exception to permit expansion of classroom facilities, subject to the revised project plan submitted on March 9, 1992 (Attachment B), being implemented. Time Limitations: All orders and decisions of the Board which do not otherwise provide a time limitation in Applicant actions will 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), Iowa City Zoning Ordinance. ✓�J o Pelton, Chairperson N O 3 A -f � J —I C7 ,p N Board of Adjustment March 1 1 , 1992 Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) De p t I, sue Walsh City dUk 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 11th day March, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this a— rq day of JMRC,] , 1992. J,t� U)a"`-""' Sue Qalsh, Deputy City Clerk \boe3-11.dec CORPORATE SEAL tn N o bC') s � n :gym u3 o� W1t'3145 .-.rND N 1 sL, rrmn 1101 Tgi as„ez--F3-ua1 k p.�� 'l rwn - r c�zJa�..n I I F I L P a, �,',••\ .�,92 MAR 23 Pig � _ ni-..� •.aanae� BIZ •... c...lil � N TY CLE;;. ° �C tOV� ITY.IG i t � r g m n ' f .a 1.a••'l Auo ,.... w.v .w.° I) _ �y �s 1 _ — •• - vyJ — i t M.. .aw TI• x z' i •FT. —d�1 DOS .g 1 t —^ _ �F9-„�,,,.,,a-••wl 111 (I I i ..�.s�..n"� "r: �. / i i ,ia�c•� rsZa+aa w I U .ajL1\ • Fv 3 ruMt - yA:il e _ ?�'. nn r01 � I TAH1C� Toe Ma n -•Q L n � fa Pa vN iMnwl e;ii ; I.a�nL Iowa City °sem ,rL�YS%: 42 MAR 23 PH 4: 21 CITY CLERK IOVIA CITY. 101,7A TREE LEGEND uimxs rmc -� xcN sN+u..aE SITE PLAN EXISTING INDEX OF DRAWINGS gra m> -+ arz AIN - Em51YW +-I 91F MN - OEiELCRIFNi 92 AIN - Etl31MG WN b33w 311S1b101 w n.aiv. vvc 3NTiai '. is --- 1 ,' ` 9 IYYW 191}]Tial � YlCI 6aT TJaJ /i �' . —1 __->�___� 90 VY>J M1alNll wz � � •• el+ i7iii / .y /� i i i111'' i� I QH393"1 I Nvdl cnomsvm �..... � / /�, _"' •` I I , ,I , � I / 1 Ow]YS i1O111aW pb]yi / Lo-.01 .0-.¢ ,3 JLSM / ]Or1s , Np1Ytf1Bb1 b3Lt' 91q b ;.•'' , •. _ 1 II ' I,,, 13 Atl1x3 XINM 9,N 11Us �blmm:m,Xvv9N N)•Y / ����jj�,,/ice �/ i 1.0-.0-1 .0-.BB l3 - 13A31 WIISrIA1A0 YO35— --------S.l T�lTN. a11.] wY] /�/ / �/i/s�"�' /� ✓ - ..__ __ .; `> • ,I11 "I;, ; ,i/: 1�0-% O=.LL SVNO1IN31AVNOAJ3i1f3 L531 J�NN3tl1r1M3Nd]3N3tl8 _=�., \ - Chit �CJ3' ,;--------- ------------ --------- -- ----- ---- --=_ l— MOM W �{ __ = u v e}'c��l~1}j' ••• loobis , .c a"".N..-.".....�.�...... III--{'J£ C— = w • IaFoi , Is�MpIV 1 fu HVH AIIJ Y\YWod- I'' IZ hl3d £Zi3EdZS J �5�141 -M3 L • a�5i L c. /5°° FEE DECISIONS ��- IOWA CITY BOARD OF ADJUSTMENT APRIL 8, 1992 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS 92 APR 24 P11 3: 43 MEMBERS PRESENT: Jeff Barta, Catherine Johnson, John PeltonCITY CLERK ►OVIA CITY, 1O"1A MEMBERS ABSENT: Candace Anderson, Ernie Galer STAFF PRESENT: Melody Rockwell, Anne Burnside, Mary Jo NeffFILED'du._ 018197 OTHERS PRESENT: Charles Mullen B00K4-3&VPAGE--&9q 1992 APR 28 AFI 8: 22 SPECIAL EXCEPTION ITEM: 1. EXC92-0006. Public hearing on a request submitted by Gayla N. Rod ork ffi�" of property owner Southgate Development Company, Inc. for a spscial ewb t+gn!xg.InWA permit establishment of a beauty shop in the CO -1 Zone for property located at 2030 Keokuk Street. Findings of Fact: The Board finds that the requested special exception is a good use of the property and will create a development which is complementary with both the surrounding commercial uses, including the shopping plaza, and the new residential construction occurring in the area. The Board further finds that sufficient parking will be provided. The Board notes in terms of precedent, that it has approved this type of use in the past. The Board finds that the landscaping to be provided by the applicant is sufficient, but could be augmented by the applicant to buffer the parking area and to create a better environment for the proposed residential unit above the beauty parlor. Conclusions of Law: The Board of Adjustment concludes that the requested special exception meets the specific standards for beauty parlors in the CO -1 Zone as set forth in Section 36-17(d)(1) of the Zoning Ordinance and the general standards for special exceptions set forth in Section 36-91(g)(2). Disoosition: The Board of Adjustment approved by a 3-0 vote, EXC92-0006, a special exception to permit establishment of a beauty parlor in the CO -1 Zone for property located at 2030 Keokuk Street subject to conformance with the site plan (Attachment A) submitted on March 31, 1992. Time Limitations: All orders and decisions of the Board which do not otherwise provide a time limitation on Applicant actions will 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), Iowa City Zoning Ordinance. 1361 36F 309 Board of Adjustment April 8, 1992 Page 2 App owed by ity Attorney's Office -54— /6 STATE OF IOWA ) SS: JOHNSON COUNTY ) MEED 92 APR 24 PK 3: 44 CITY CLERK IOWA CITY, IOWA, 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 April, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this 2y_ day of 1992. \boe4-8.d.. Marian'K. Karr, City Clerk CORPORATE SEAQ. V, -1361, ACE 3i0 r1c l9vT9tI :n RCV BY:XEROx TELECOPIER 7011 : 3-31-92 12:45PM 1 319 338 5966 3193565009:# 1 Untrauer's Drafting TEL:1_ 31.9-338-5966Ma�� 12:46 No.001 P.01 KEOKl1K STREET J am 116.25' —N 0(726'2U" W— BM U71' SeON V .LBIHI HDVIIV l9R U 27A RODGM C'] b [T7I E1fae, a= l C) �. C) O cm Co m J am 116.25' —N 0(726'2U" W— BM U71' SeON V .LBIHI HDVIIV l9R U 27A RODGM C'] b [T7I l C) �. O m rrdI 9 g 75' FEE¢10`0 DECISIONS IOWA CITY BOARD OF ADJUSTMENT MAY 13, 1992 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: SPECIAL EXCEPTION ITEM: Jeff Barta, Ernie Galer, John Pelton Catherine Johnson F11 r 92 MA Y 28 Ate 10: 05 CITY CLERK IGIVIA CITY, I0vjA Melody Rockwell, Linda Gentry, Mary Jo Neff Suzanne Erenberger, Dick Parrott, Del Fleener, Reuben Widmer EXC 92-0007. Public hearing on a request submitted by Joel and Suzanne Erenberger for a special exception to modify the front yard requirement along Orchard Street for property located in the RS -8 zone at 204 Douglass Court. Findings of Fact: The Board finds that the applicant is faced with a unique problem due to the triple frontage on the property. The Board also finds that the nine percent encroachment into the front yard setback is minimal. The Board further finds that the requested special exception will provide improvements benefiting both this property and the neighborhood while generating increased tax dollars. Conclusions of Law: The Board concludes that the applicant has met the specific standards set forth in Section 36-69(b) and the general standards set forth in Section 36-91(g)(2)b for special exceptions. Disposition: The Board approved by a 3-0 vote the requested special exception to reduce the front yard requirement along Orchard Street from 20 feet to 16 feet, 8 inches for the 38 -foot length of the proposed garage for property located at 204 Douglass Court. Time Limitations: All orders and decisions of the Board which do not otherwise permit a time limitation on Applicant actions 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. 1382 3GE 334 J2'JIL464 1992 JUN —8 Ap 8: 42 RECOf?DEit JOHNSON CO.JOWA Board of Adjustment May 13, 1992 Page 2 Approved by ity Attorney�� STATE OF IOWA ) SS: JOHNSON COUNTY ) =1fl1 17 P 92 hAY 28 A1110:05 CITY CLERK I CI VIA 61TY,10 WA 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 their regular meeting on the 13th day May, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this J? day of , 1992. 1boe5-13.dac `K. SPC j Marian K. Karr, City Clerk CORPORATE SEAT. .%' ?W 335 ^ w FEE m� II,— DECISION IOWA CITY BOARD OF ADJUSTMENT 92 SEP —I Psi I: 21+ AUGUST 12, 1992 - 4.30 P.M. CIVIC CENTER COUNCIL CHAMBERS CITY CLERK 1, AWA CITY 10 ' MEMBERS PRESENT. Jeff Barta, Ernie Galer, Catherine Jo nson, Join el on, Rich Vogelzang MEMBERS ABSENT. None STAFF PRESENT. Rockwell, Bormann, Neff OTHERS PRESENT. Michael Kennedy, Mike Hodge, Steve Kohli, Craig Welt, Bruce Bollan, Joe Pugh SPECIAL EXCEPTION ITEMS. EXC 92-0011. Public hearing on a request submitted by Capitol Implement Co. for a special exception to permit dwelling units above the ground floor of a commercial use for property located in the CI -1 zone at 702 South Gilbert Street. Findings of Fact. The Board finds that the requested special exception to allow residential dwelling units above the ground floor of a commercial use for property located in the CI -1 zone will not have negative effects on surrounding properties. The Board further finds that with the conditions of approval, the proposed special exception will result in a major improvement to the commercial area, and will enhance on-site stormwater management and upgrade the aesthetics of the property with the addition of a new structure and extensive landscaping. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions set forth in 36-91(g)(2)b, Code of Ordinances of the City of Iowa City. Iowa, and the specific standards for permitting dwelling units above the ground floor of a principal use in the CI -1 zone cited in Section 36-23(d)(3), Code of Ordinances of the City of Iowa City. Iowa. Disposition. The Board approved, by a 4-1 vote (Johnson voting no), EXC 92-0011: a special exception to permit up to 28 dwelling units above the ground floor of a principal use for property located in the CI -1 zone at 702 S. Gilbert Street, provided that, prior to receiving a building permit, the applicant will: 1) Submit and receive City approval of the following: a) stormwater management calculations, b) a stormwater detention facility plan, c) a stormwater management facility easement agreement, ---- d) storm sewer calculations, (105050 e) a storm sewer relocation plan, r.FILED tNO f) a storm sewer easement agreement, and r.e,.+ g) a grading and erosion control plan; 92$p 2 P11 2. 3 142-1 101 RECORDER `�"' +'RCf J4)(A;5g)f CO.,CtI, IOWA Board of Adjustment Decision August 12, 1992 Page 2 2) Obtain permission from the controlling railroad company of the Heartland Railway line to have an access drive across the rail line on the east boundary of the subject property, and 3) If such easement does not currently exist, dedicate a 15 -foot easement to the City for the sanitary sewer and water main lines on the property. 2. EXC 92-0016. Public hearing on a request submitted by Mark A. Pfeiler and Don Stumbo for a special exception to modify the side yard requirement for property located in the RM -12 zone at 323 N. Linn Street and 225 E. Davenport. Findings of Fact. The Board finds that the requested side yard reduction would not be substantiai in terms of its square footage or impact. The Board finds that replacement of the existing garage, as proposed, would be an improvement for the neighborhood as well as the subject properties. The Board also finds that the non -conforming lot area of the 325 N. Linn Street property creates a difficulty in replacing the garage without a modification of the side yard requirement. Conclusions of Law. The Board finds that the applicant has met the general standards for the granting of a special exception cited in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City. Iowa, and the specific standards for exceptions to established setbacks contained in Section 36-69(b), Code of Ordinances of the Citv of Iowa City, Iowa. Disoosition. The Board approved EXC 92-0016 by a 5-0 vote, a special exception to reduce the side yard requirement for properties located at 323 N. Linn Street and 225 E. Davenport Street from three feet to zero feet for the 22 -foot length of the garage, subject to recordation in the Johnson County Recorder's Office of a common access easement for the driveway providing access from Linn Street to the zero -lot line garage, with the expiration date for the order to be set one year from the date of the decision. 3. EXC 92-0017. Public hearing on a request submitted by Siems, Inc. for a special exception to permit a religious institution use, a Christian school for a kindergarten, and first through eighth grades for property located in the CC -2 zone at 1470 First Avenue. Findings of Fact. The Board finds that the requested enrollment combined with the lack of traffic control and lack of available parking within the commercial complex where the proposed school site is located could result in undesirable impacts on neighboring commercial properties. The Board also finds that the amount of traffic generated by this use could be detrimental to the traffic flow on First Avenue. The Board finds that based on the proposed enrollment, the..tio �p ,�Y.�Q for the building(s) may be exceeded, particularly during special even �J BIZ :1 v1d I - ddS Z6 149.7 AGE 109 Board of Adjustment Decision August 12, 1992 Page 3 Conclusions of Law. The Board concluded that the applicant did not meet the general standards for the granting of a special exception as found in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board denied EXC 92-0017, by a 2-3 vote (Pelton and Galer voting in the affirmative), a special exception permitting the establishment of a religious institution use, a Christian school for kindergarten, and first through eighth grades. 4. EXC 92-0019. Public hearing on a request submitted by American College Testing for a special exception to reduce the off-street parking requirements for property located in the ORP zone at 2201 N. Dodge Street. Findings of Fact. The Board finds that the applicant has demonstrated a pattern of underutilization for the parking currently provided at ACT, which is 28% less than is required for existing uses at the site. The Board further finds that the proposal would result in less disturbance to environmentally sensitive areas. Conclusions of Law. The Board concludes that the requested special exception to reduce the off-street parking requirement for property located in the ORP zone is warranted, that the applicant has met the standards for a modification of off-street parking requirements as cited in Section 36-58(i), Code of Ordinances of the City of Iowa City. Iowa, and the general standards for the granting of a special exception found in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa. Disposition. By a 5-0 vote, the Board approved EXC 92-0019, a special exception request to permit a 26% reduction of the off-street parking requirements for up to 640,000 square feet of floor area for commercial property located in the ORP zone at 2201 N. Dodge Street, with the expiration date for the Board order set for one year from the date of the decision. Time Limitations: All orders and decisions of the Board which do not otherwise permit a time limitation on Applicant actions 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), Code of Ordinances of the City of Iowa City. Iowa. City Attorney's Office 7/a,IG a V,`.i 01 Alla VIA 01 110 1Z1 Nd i-ESZS . ,...-142' 3GE 103 Board of Adjustment Decision AuWst 12, 1992 Page 4 STATE OF IOWA I I SS: JOHNSON COUNTY I 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 coy of the Decisions that were passed by the Board of Adjustment of Iowa City, Iowa, at their regular meeting on the 12th day of August, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this / day of 1992. \boa8-12.dec Vill01Ilk 110 VIM 01 h Z :1 Wd 1- d3S Z6 Marian K. Karr, City Clerk CORPORATE SEAL --,1427 ACE 101 FES lopD DECISION IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 1, 1992 - 4.30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS PRESENT SPECIAL EXCEPTION ITEM. Larry Baker, Ernie Galer Vogelzang None 1 FILE_06530 /��_ F l' ? r780G NGE1�_G2 _ 1942 SEP 23 AN 8: 30 :'2 SEP 22 PH 1:42 Catherine Johnson, John Pelton, Rich, Melody Rockwell, Marsha Bormann, Mary Jo Neff Steve Kohli, Craig Welt, Don Thalverty, Bob Rehhurs, Michael Kohli 1 . EXC92-0017. Public hearing on a request by Siems, Inc. for a special exception to permit a religious institution use, a Christian school for kindergarten and first through eighth grades, for property located in the CC -2 Zone at 1470 First Avenue. Findings of Fact. The Board finds that the requested special exception to allow a Christian school for kindergarten and first through eighth grades in the CC -2 Zone at 1470 First Avenue is similar in nature to the request approved by the Board in February, 1984, establishing a child care facility at the same location. Thus, the Board finds that the request is consistent with the precedent set by the Board which permits a use involving children at this specific commercial location. The Board finds that the occupancy load limits of the on-site structures will be best maintained by setting the enrollment cap at 60 students. The Board further finds that limiting enrollment to 60 students will help mitigate negative impacts on traffic congestion in the area. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for permitting a religious institution use in the CC -2 Zone cited in Section 36-19(d)(8), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 5-0 vote, a special exception to permit a religious institution use, a Christian School for a kindergarten and first through eighth grades, for property located in the CC -2 Zone at 1470 First Avenue, subject to the applicant: 1) limiting enrollment to no more than 60 children, and 2) securing City Building Official and City Fire Marshal approval prior to expansion of this use into a fifth classroom. This approval is contingent upon the school obtaining 501 (c)(3) status from the U.S. Internal Revenue Service and submitting confirmation of that status to the City. Although the requested religious use may be established prior to receiving 501(c)(3) status confirmation, said confirmation must be submitted to the City Department of Housing and Inspection Services immediately upon receipt. In the event the U.S. Internal Revenue Service denies 501(c)(3) status, this special exception becomes null and void. ::' 1436 1'AGl 139 . V Board of Adjustment Decision September 1, 1992 Page 2 TIME LIMITATIONS: .2 SET n C'3 I . t, n All orders and decisions of the Board which do not otherwisepermh a timelim 'itation on Applicant actions 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), Code of Ordinances of the City of Iowa City, Iowa. �y Z12 o Pelton, Chairperson Approved by City Attorney's Offic 9)17/9� 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 its special meeting on the 1st day of September, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this day of , 1992. \boa9l.dec 2 l a�) -f - Marian K. Karr, City Clerk CORPORATE SEAL 143E ,Acr 140 DECISIONS IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 9, 1992 - 4.30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS PRESENT Larry Baker, Ernie Galer Vogelzang None 006531 23 A 8: 30 92 SEF 22 Fij 1,- ' 0'-, :s A' Catherine Johnson; J Pe)ton, Rich Melody Rockwell, Marsha Weg Bormann, Mary Jo Neff Tom Casavant, Karen Casavant, Robert Woodburn, Charles Kinney, Dan Yaeger SPECIAL EXCEDT!ON ITEMS 1. EXC92-0021. Public hearing on a request submitted by Robert L. Woodburn for a special exception to permit dwelling units above the ground floor of a commercial use for property located in the CI -1 zone at 1116 Gilbert Court. Findings of Fact. The Board finds that the requested special exception to permit dwelling units above the ground floor of a commercial use of property located in the CI -1 zone helps meet the need to provide more affordable housing in the community. The requested exception will result in an improvement to the property and will enhance the streetscape for this commercial area. The Board also finds that the majority of existing and proposed floor area on the property will be associated with principal uses permitted in the zone, that is, with the commercial usage rather than the residential use. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions set forth in 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for permitting dwelling units above the ground floor of a principal use in the CI -1 zone, as cited in Section 36-23(d)(3), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-1 vote (Baker voting in the negative), a special exception to permit up to three dwelling units above the ground floor of a principal use for property located in the CI -1 zone at 1116 Gilbert Court, subject to conformance with the site plan submitted August 31, 1992. 2. EXC92-0022. Public hearing on a request submitted by Charles Kinney, on behalf of property owners William and Pamela Thompson, for a special exception to permit a front yard modification for property located in the RS -8 zone at 721 Oakland Avenue. Findings of Fact. The Board finds that the requested special exception to permit a front yard modification to construct a roofed porch for property located in the RS -8 zone at 721 Oakland Avenue represents a modest reduction in the front yard setback requirement. The Board finds that the proposed porch will improve both the subject 146 ,��r 1-1i Boar,ri of Adjustment Decision ` September 9, 1992 Page 2 property and be compatible in appearance with theC.' Barin o&:jtffe rrTidential structures in the neighborhood. Most of the residential structures a ons Oakland Avenue have minimal setbacks, and predominantly feature covete,QipDcches or entry- ways, many of which are enclosed. The Board finds that the porcli;i0"rrgposed, will enhance the historical integrity of residence. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions set forth in 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for exceptions for established setbacks, cited in Section 36-69(b), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 5-0 vote, EXC92-0022, a request to reduce the front yard requirement along Oakland Avenue from 20 feet to 12 feet for the 18 -foot length of the proposed covered porch for property located at 721 Oakland Avenue. 3. EXC92-0023. Public hearing on a request submitted by Thomas and Karen Casavant for a special exception to permit a side yard modification for property located in the RS -8 zone at 423 Grant Street. Findings of Fact. The Board finds that the requested special exception to reduce the side yard requirement for property located at 423 Grant Street would not change the actual distance of the accessory structure from the side lot line. The Board finds that the requested setback reduction represents only 5% of the total required side yard setback area, and is minimal in substance and effect. The Board finds that the proposed connecting addition will eliminate the existing non -conforming situation of less than three feet between the garage and the residence. The Board also finds that the granting of this special exception will serve to upgrade the subject property without negatively impacting the surrounding properties. Granting the special exception should not compromise the intent of the Ordinance for the use and enjoyment of other property in the immediate vicinity. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for granting exceptions to established setbacks, cited in Section 36-69(b), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 5-0 vote, a special exception to reduce the side yard requirement for property located at 423 Grant Street from five feet to three feet for the 20 -foot length of the garage. 4. EXC92-0024. Public hearing on a request submitted by Daniel C. Yaeger, on behalf of property owner Carmen Poulsen, for a special exception to permit dwelling units above the ground floor of a commercial use for property located in the CC -2 zone at 900 First Avenue. 1436 raCE 11,0 Board of Adjustment Decision `September 9, 1992 Page 3 Findings of Fact. The Board finds that the requested special exception to allow residential dwelling units above the ground floor of a commercial use for property located in the CC -2 zone exceeds the minimum standards for off-street parking, dimensional, screening, and tree requirements. The Board further notes that the applicant will construct fewer dwelling units than the maximum allowed by the Ordinance. The Board also finds that granting the requested special exception will help to promote the quality of commercial development in this area. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for permitting dwelling units above the ground floor of a principal use in the CC -2 zone, cited in Section 36-19(d)(5), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 5-0 vote, EXC92-0024, a special exception to permit up to four dwelling units above the ground floor of a principal use for property located in the CC -2 zone at 900 First Avenue, subject to conformance with the site plan submitted on September 3, 1992. TIME LIMITATIONS: All orders and decisions of the Board which do not otherwise permit a time limitation on Applicant actions 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), Code of Ordinances of the City of Iowa City, Iowa. City Attorney's Office 14f . ACE 143 �Q N O C!> •rr •• .r= O 14f . ACE 143 Board. of Adjustment Decision �$eptember 9, 1992 Page 4 STATE OF IOWA I ss: JOHNSON COUNTY 1 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 its regular meeting on the 9th day of September, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this day of ��J 1992 \boe9-9.dec 7�ra4l Marian K. Karr, City Clerk w—o G a.- .J SATE SEAL 1436, Au 144 ' '' .ss N x-� o I% qdr� rcc DECISIONS IOWA CITY BOARD OF ADJUSTMENT OCTOBER 14, 1992 — 4.30 P.M. 92 OCT 27 Ff; I•.: ! n CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Ernie Galer, John, 'Pelton, Ricj Y, gelzang < < FILED 140. MEMBERS ABSENT: Catherine Johnson P lyfJ STAFF PRESENT: Rockwell, Bormann, Neff 92 NOV -3 AFI 10= 33 OTHERS PRESENT: Terry McDonald, Tom Hoyer, Jim Keesler, Rand6r,' ck ij,' �Q1� F:ECORDER SPECIAL EXCEPTION ITEMS: JON`S:;11 Cu..IOWA 1 . EXC 92-0026. Public hearing on a request submitted by Drs. G.N. Schreffler and T.J. McDonald, on behalf of property owner Dan J. Glasgow, for a special exception to permit an office use, a chiropractic clinic, in the CN -1 zone at 351 First Avenue. Findings of Fact. The Board finds that the proposed chiropractic clinic will provide a personal service to residents of the surrounding neighborhood as is intended in the CN -1 zone. The Board further finds that distance and vegetative screening will buffer the nearby residential uses from the minimal impacts anticipated from the proposed office use. The proposed use will have a smaller floor area than the maximum permitted for an office use in the CN -1 zone and sufficient parking will be provided. The proposed clinic should be a positive development for both the commercial and residential neighbors in the area. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards for permitting office uses in the CN -1 zone cited in Section 36-18(d)(4), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 92-0026, a special exception to permit establishment of a chiropractic office in the CN -1 zone for property located at 351 First Avenue, subject to the property owner complying with parking area tree requirements for the request property prior to the issuance of an occupancy permit for the chiropractic clinic. 2. EXC 92-0027. Public hearing on a request submitted by Tom and Mary Hoyer for a special exception to permit a side yard modification for property located in the RS -5 zone at 445 Peterson Street. Findings of Fact. The Board finds that misunderstandings between the applicants and the City led to the current situation of the applicants constructing a porch which did not meet the setback requirements of the Zoning Code. The Board further finds that the improvement of the property will increase the value of the subject property and slightly enhance tax revenues for the City. The Board also finds that the modification 1458 ?AGE 253 Board of Adjustment Decision October 14, 1992 Page 2 being requested is minimal and would result in negligible negative impact to the neighborhood. Conclusions of Law. In light of the misunderstandings which led to the current situation involving construction of the applicants' porch and the cost of alternatives which would achieve compliance with the Zoning Code, the Board concludes that the interests of justice would best be served by granting the requested exception. The Board also concludes that the applicant has met the general standards for the granting of a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards cited in Section 36-7(e)(4), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 92-0027, a request to reduce the side yard requirement from five feet to a setback fine running the 1 7.5foot length of the enclosed, roofed porch from a 2.3 -foot setback point at the southwest corner of the enclosed porch to a 3.3 -foot setback point at the northwest corner of the enclosed porch for property located at 445 Peterson Street, subject to the applicants securing a no -build easement establishing a new line for setback compliance purposes for both the property located at 445 Peterson Street and the property located at 3422 Shamrock Drive prior to the issuance of a building permit. The no -build easement must be approved by the City Attorney's office and must require notice to the City of Iowa City Department of Housing and Inspection Services of any abrogation of said easement. EXC 92-0028. Public hearing on a request submitted by Randall Verdick, for a special exception to permit a side yard modification for property located in the RS -5 zone at 1303 E. Davenport Street. Findinos of Fact. The Board finds that the requested special exception would result in a small encroachment within the required side yard, which is minimal in substance and effect. The Board further finds that the topography of and the limited access to the site constrain the location of the garage on the property. The special exception, if granted, would not negatively impact neighboring properties. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, Iowa, and the specific standards regarding exceptions for established setbacks, cited in Section 36-69(b) of the Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 92-0028, a special exception to reduce the side yard requirement for property located at 1303 E. Davenport Street from five feet to three feet for the front five feet of the proposed garage. :::r A58 ?AGE 254 Board of Adjustment Decision October 14, 1992 Page 3 TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise permit 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), Code of Ordinances of the City of Iowa City, Iowa. Pelton, Chairperson Approved by City Attorney's OfficV STATE OF IOWA ) 1 ss: JOHNSON COUNTY 1 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 October, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this -?;71X- day of1992. \boa 10-14.dec Maria'h K. Karr, City Clerk CORPORATE SEAL 1458 ?Act 255 F E E \�� N n DECISION - IOWA CITY BOARD OF ADJUSTMENT = _ NOVEMBER 12, 1992 — 4.30 P.M. -- CIVIC CENTER COUNCIL CHAMBERS o _ •n MEMBERS PRESENT: Larry Baker, Catherine Johnson, John Pelton, Rich Vogelsang ;1121b2 FILED PCO.— — MEMBERS ABSENT: Ernie Galer V111413 10—�/„ — STAFF PRESENT: Rockwell, Gentry, Neff 92 DEC l--4 AH 91' 35 OTHERS PRESENT: Mike Kennedy, Mike Hodge, John Cruise, Ilter akkV„'Laft Svoboda FtE” ail, SPECIAL EXCEPTION ITEMS: EXC 92-0029. Public hearing on a request submitted by Capitol Implement Co. for a special exception to permit a front yard modification along Gilbert Court for property located in the CI -1 zone at 702 S. Gilbert Street. Findings of Fact. The Board finds that the requested special exception to permit parking in the required front yard along Gilbert Court will provide access for 14 units of handicapped -accessible housing. Granting this special exception will also allow for the upgrade of the infrastructure, particularly the storm sewer, and improve the aesthetic environment of the neighborhood. In addition, the evergreen screening of the parking area will provide sufficient buffering for the residential uses from the proposed parking area. The existing rail line within the Gilbert Court right-of-way imposes a far greater impact on neighboring residential uses than the proposed parking area. Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of a special exception as set forth in 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and the specific standards for permitting exceptions for established setbacks cited in Section 36-69(b), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 3-1 vote (Johnson voting no), EXC 92-0029, a special exception to reduce the front yard requirement along Gilbert Court from 20 feet to 5 feet for the 170 -foot length of the proposed parking area for property located at 702 S. Gilbert Street. EXC 92-0030. Public hearing on a request submitted by GWG Investments for a special exception to permit off-street parking in the CB -10 zone for property located at 315 E. College Street. Findings of Fact. The Board finds that the requested special exception to permit off- street parking in the CB -10 zone will encourage quality commercial development to occur on the edge of the downtown area without threatening the viability of municipal parking facilities. The proposed development is consistent with the intent of the CB - 10 zone to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrian ways. The screening requirements of the Zoning Ordinance will largely be achieved by placing the off-street parking within the building. . J4"!3 ;'AGF 100 111 Board of Adjustment Decision November 12, 1992 Page 2 Conclusions of Law. The Board concludes that the applicant has met the general standards for the granting of special exceptions as set forth in 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and the specific standards for permitting off-street parking in the CB -10 zone as cited in Section 36-58(f), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 92-0030, a special exception to permit no more than 50 underground, off-street parking spaces in the CB -10 zone for property located at 315 College Street. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise permit 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), Code of Ordinances of the City of Iowa City, Iowa. City Attorney's Offic<T i llaylgA 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 12th day of November, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this 1' day of 1992. Marlmn K. Karr, City Clerk \boe11-12.dec CORPORATE SEAQ. 1A . 3 PAGI 101