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HomeMy WebLinkAbout1993 Board of Adjustment DecisionsFEE DECISION IOWA CITY BOARD OF ADJUSTMENT DECEMBER 9, 1992 — 4.30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Ernie Galer, Catherine Johnson, Vogelzang MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: SPECIAL EXCEPTION ITEM: None Rockwell, Bormann, Hudson 014910 = ILED N0. 93 JAN 13 AH 8: 25 w C) � r- Dick Parrott, liter Bakkal, John Bauer, Gary Appleby EXC92-0008. Public hearing on a request submitted by Dick Parrott, on behalf of property owner Bruce Glasgow, for a six month extension of a June 10, 1992, special exception approved by the Board of Adjustment to permit a dental office use in the CN -1 zone for property located at 2109 Rochester Avenue. Disposition. The Board approved, by a 5-0 vote, the request for a six month extension of a June 10, 1992, special exception to permit a dental office use in the CN -1 zone for property located at 2109 Rochester Avenue. 2. EXC92-0031. Public hearing on a request submitted by liter Bakkal and Zeynep Denizci Bakkal for a special exception to reduce the off-street parking requirements for property located in the CB -2 zone at 25 N. Van Buren Street. Findinas of Fact. The Board finds that the applicants failed to demonstrate that the proposed restaurant use has characteristics which merit a reduction in parking. The request property is located in an area of the community with insufficient parking available. Granting the requested 50% reduction in parking requirements would likely result in spillover parking onto neighboring properties. Finally, the requested reduction in parking from nine or ten to five off-street parking spaces would be contrary to the intent of the CB -2 zone which is to "enhance the pedestrian orientation of the Central Business District by providing suitable peripheral locations for auto-criented commercial and service uses." Conclusions of Law. The Board concludes that the applicant has not met the general standards for the granting of a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has not met the specific standards for permitting a reduction in required off-street parking as set forth in Section 36-58(i), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board denied, by a 5-0 vote, EXC92-0031, a special exception request to permit a 50% reduction of off-street parking spaces from nine or ten spaces to five spaces for property located at 25 N. Van Buren. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, :.:1489 AGE 228 Board of Adjustment Decision December 9, 1992 Page 2 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 Office 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 its regular meeting on the 9th day of December, 1992, as the same appears of record in my Office. Dated at Iowa City, Iowa this `f`" day of 1993. \bwl 2-9.dN Maria K. Karr, City Clerk CORPORATE SEAL ;.. 1489 'pct 229 4-0 CD >� _ ('�1�s v� d O r N J 015856 -1LED N ECISION a� IGWA CITY BOARD OF ADJUSTMENT JANUARY 13, 1993 — 4.30 P.M. 93 JAN 29 All 8: 27 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Ernie Galer, Catherine Johnson, Barra Ludke;xKle6B Vogelzang JC'r1.201t ff, 10WA MEMBERS ABSENT: None w STAFF PRESENT: Rockwell, Bormann, Hudson n� , co OTHERS PRESENT: Charles Mullen SPECIAL EXCEPTION ITEM: C '.S n 1. EXC92-0032. Public hearing on a request submitted by Donald Conlon on behalf of property owner Plum Grove Acres, Inc. for a special exception to permit a dental office use in a CN -1 zone for property located at 373 Scott Court. Findings of Fact. The Board finds that the proposed dental clinic will provide a convenient neighborhood service with sufficient vegetative screening to buffer nearby residential uses from the commercial office use. The location of the access drive will promote safe ingress/egress for the site, and the sidewalks along Court Street and Scott Court will enhance pedestrian integration of the neighborhood commercial area. In addition, the location of the dental clinic will not create office development that physically dominates the zone. Conclusions of Law. The Board concludes that the applicant satisfies the general standards for granting special exceptions set forth in Section 36-91(g)(2), Code of Ordinances of the City of Iowa City, Iowa, and the specific standards for permitting an office use in the CN -1 zone as set forth in Section 36-18(d)(4), Code of Ordinances of the City of Iowa City, Iowa. Disposition. By a 5-0 vote, the Board approved EXC92-0032, a special exception to permit a dental office use in a CN -1 zone for property located at 373 Scott Court, subject to conformance with the site plan submitted on January 7, 1993. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set 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. Ernie Galer, Chairperson Approved by 0.1— City Attorney's OfficV /la��93 1495 ,'A ` 2 "; Board of Adjustment Decision January 13, 1993 Page 2 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of January, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa this day of tu<rLc 1993. ft.1-13.d.. Maria?1 K. Karr, City Clerk CORPORATE SEAL SANrTA0.T SewclS DD' •C/./ 191.9TI r PLANTINm >o N W 'MINA&MW/1T j SWMMWMC- YASIN AL M5S CA MMEMT sc077 c ou K7 L -O -f Ibb -Sc077 DOUR -r hrl LI"i ^n f �1 JAN 0 7 1993 e o n_ nr-PARTum I i 9S '�NOX7H YY'x Sar II 8 N .I •' Z. ❑ V 0 yL N� 1 • r O. 10' PA0.KIN(a h0.P.h' ~(((^......•••......✓ ��/Illi�f .�b' u. >o N W 'MINA&MW/1T j SWMMWMC- YASIN AL M5S CA MMEMT sc077 c ou K7 L -O -f Ibb -Sc077 DOUR -r hrl LI"i ^n f �1 JAN 0 7 1993 e o n_ nr-PARTum I i 9S '�NOX7H STAFF PRESENT: Rockwell, Bormann, Hudson OTHERS PRESENT: Craig Welt, Steve Kohli, Gary Colby, John Dane, Charles Ruppert SPECIAL EXCEPTION ITEMS: EXC 93-0001. Public hearing on a request submitted by the Iowa City Christian School Association d/b/a Heritage Christian School for a special exception to permit expansion of a religious institution use by increasing the student enrollment limit of the Heritage Christian School from 60 children to 100 children for property located in the CC -2 zone at 1470 First Avenue. Findings of Fact. The Board finds that the proposed enrollment increase should not negatively impact First Avenue during peak traffic periods. Approval of an enrollment level of 100 children should, however, be reviewed periodically due to concerns about 1) the nature of the use being in potential conflict with the surrounding commercial area, 2) the inability of the school to fulfill its recreational and large group needs entirely on-site, 3) questions about the continuation of the current level of carpooling and 4) the possible overcrowding of children in the facility. The Board finds that the most expedient means of addressing its concerns is to set a three-year time limit on the special exception. Conclusion of Law. The Board concludes that the applicant has met the general standards of the granting of special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa and the specific standards of a special exception for religious institutions in the CC -2 zone as cited in Section 36- 19(d)(8), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 93-0001, a special exception to expand a religious institution use by increasing the student enrollment limit from 60 children to 100 children for the Heritage Christian School located at 1470 First Avenue, subject to the applicant securing City Building Official and City Fire Marshal approval and receipt of an occupancy permit for use of the garage as the fifth classroom. This special exception expires on February 10, 1996, three years from the date of the Board's decision. 2. EXC 93-0002. Public hearing on a request submitted by Menard, Inc. on behalf of property owners John and Allegra Dane, for a special exception to reduce the required off-street parking for a Menard, Inc. facility proposed to be located pF( E�7j�QHiah,3y — 1 West., , 000Kr.c-- 93 i.,L4509 ;,:r{� ..�: DECISION FEE IOWA CITY BOARD OF ADJUSTMENT za FEBRUARY 10, 1993 — 4:30 P.M. E3 CIVIC CENTER COUNCIL CHAMBERS rn MEMBERS PRESENT: Larry Baker, Ernie Galer, Barbara Ludke, Rich Vogelzang'' MEMBERS ABSENT: Catherine Johnson STAFF PRESENT: Rockwell, Bormann, Hudson OTHERS PRESENT: Craig Welt, Steve Kohli, Gary Colby, John Dane, Charles Ruppert SPECIAL EXCEPTION ITEMS: EXC 93-0001. Public hearing on a request submitted by the Iowa City Christian School Association d/b/a Heritage Christian School for a special exception to permit expansion of a religious institution use by increasing the student enrollment limit of the Heritage Christian School from 60 children to 100 children for property located in the CC -2 zone at 1470 First Avenue. Findings of Fact. The Board finds that the proposed enrollment increase should not negatively impact First Avenue during peak traffic periods. Approval of an enrollment level of 100 children should, however, be reviewed periodically due to concerns about 1) the nature of the use being in potential conflict with the surrounding commercial area, 2) the inability of the school to fulfill its recreational and large group needs entirely on-site, 3) questions about the continuation of the current level of carpooling and 4) the possible overcrowding of children in the facility. The Board finds that the most expedient means of addressing its concerns is to set a three-year time limit on the special exception. Conclusion of Law. The Board concludes that the applicant has met the general standards of the granting of special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa and the specific standards of a special exception for religious institutions in the CC -2 zone as cited in Section 36- 19(d)(8), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 93-0001, a special exception to expand a religious institution use by increasing the student enrollment limit from 60 children to 100 children for the Heritage Christian School located at 1470 First Avenue, subject to the applicant securing City Building Official and City Fire Marshal approval and receipt of an occupancy permit for use of the garage as the fifth classroom. This special exception expires on February 10, 1996, three years from the date of the Board's decision. 2. EXC 93-0002. Public hearing on a request submitted by Menard, Inc. on behalf of property owners John and Allegra Dane, for a special exception to reduce the required off-street parking for a Menard, Inc. facility proposed to be located pF( E�7j�QHiah,3y — 1 West., , 000Kr.c-- 93 i.,L4509 ;,:r{� "o Board of Adjustment Decision February 10, 1993 Page 2 Findings of Fact. The Board finds that the number of off-street parki'.ng spaces Menard, Inc. proposes for its larger Iowa City store is proportionally comparable to what has been provided and found adequate for existing Menard stores in Iowa; _�321 off-street parking spaces should be sufficient to serve the anticipated customer flow of 201 persons per hour at the Iowa City store. In addition, the trip generation projection of an average total of 211 vehicles per hour for this type and size of retail store indicates that the reduction in parking is warranted. The proposed Menard store will use 49% of the retail floor area for large, bulky items, making that portion of the store similar to a furniture store, which requires 60% less parking. Finally, it is in the public interest for Menard, Inc. to provide extensive landscaping to enhance a major entranceway to Iowa City while minimizing unneeded paved surfaces. Conclusion of Law. The Board concludes that 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 of the City of Iowa City, Iowa and has met the specific standards for permitting a reduction in required off-street parking as set forth in Section 36-58(i), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, EXC 93-0002, a special exception request to permit a 29% reduction of the off-street parking requirements from 450 parking spaces to 321 parking spaces for up to 87,822 square feet of retail sales area and 56,358 square feet of warehouse area for property located at 1375 Highway 1 West as long as said property is used by Menard, Inc., subject to 1) approval of the annexation of the subject tract into Iowa City, and the subsequent rezoning of the tract to CI -1, Intensive Commercial, 2) the applicant meeting the stipulations of the conditional zoning agreement, and 3) except for the specific exception granting a reduction in parking, the applicant revising and implementing the site plan in strict conformance with all Zoning Ordinance requirements. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date they were fiied with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvements 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. Galer, Chairperson Approved by CIL_ City Attorney's Offic �Z.-I Board of Adjustment Decision February 10, 1993 Page 3 STATE OF IOWA JOHNSON COUNTY) I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify thatxhe Board of; Adjustment Decision herein is a true and correct copy of the Decision that was_passedby the' Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day,of February, 1993, as the same appears of record in my Office. o co Dated at Iowa City, Iowa, this day of , 1993. N lboa2l O.dac Mari'art K. Karr, City Clerk CORPORATE SEAL 0,4569 11,03 EXC93-0004. Public hearing on a request submitted by Greg Downes, on behalf of property owners Robert and Barbara Mickelson, for a special exception to permit dwelling units above the ground floor of a commercial use in the CI -1 zone for property located at 725 S. Clinton Street. Findinas of Fact. The Board finds that the applicant has not maximized the permitted density for the property. The Board finds that the applicant intends to provide adequate vegetative buffering to enhance the residential use of the site. The Board also finds that the proposed development will upgrade the commercial aspects of the area, and will result in a significant improvement of the property. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards of provisions for dwelling units above the ground floor of a commercial 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 no), EXC93-0004, a special exception to permit up to eight 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 site plan compliance with Iowa City Code requirements. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set 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 improvements 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. ) Ernie Galer, Chairperson by 018 FEED °L� FILED N0. DECISION �107 SOOK4514 P' -btrr- IOWA CITY BOARD OF ADJUSTMENT 93 n� R 22 AH 8: 04 MARCH 10, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS cIr1¢; t MEMBERS PRESENT: Larry Baker, Ernie Galer, Barbara Ludke, Rich Vogalza'ng vR MEMBERS ABSENT: None. o c) 3 STAFF PRESENT: Rockwell, Bormann, Hudson in 7-- Yo+ OTHERS PRESENT: Greg Downes _fir_ rT1 SPECIAL EXCEPTION ITEMS: i EXC93-0004. Public hearing on a request submitted by Greg Downes, on behalf of property owners Robert and Barbara Mickelson, for a special exception to permit dwelling units above the ground floor of a commercial use in the CI -1 zone for property located at 725 S. Clinton Street. Findinas of Fact. The Board finds that the applicant has not maximized the permitted density for the property. The Board finds that the applicant intends to provide adequate vegetative buffering to enhance the residential use of the site. The Board also finds that the proposed development will upgrade the commercial aspects of the area, and will result in a significant improvement of the property. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards of provisions for dwelling units above the ground floor of a commercial 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 no), EXC93-0004, a special exception to permit up to eight 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 site plan compliance with Iowa City Code requirements. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set 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 improvements 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. ) Ernie Galer, Chairperson by Board of Adjustment Decision March 10, 1993 Page 2 STATE OF IOWA ) ) JOHNSON COUNTY) I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 10th day of March, 1993, as the same appears of record in my Office. Dated at Iowa City, iowa, this __Ll_ day of �1 on�G,_, 1993. boe3-10.dec Marian K. Karr, City Clerk CORPORATE SEAL eKr KI r.t'f21 FEEFILED N0. ] BOOK DECISION 93 HAS -3 PM `1: �b BOARD OF ADJUSTMENT APRIL 14, 1993 - 4:30 P.M. 93 APR 30 PM IO: 49 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Ernie Galer, CatherinAJahnsgn, Barbara Ludke, Rich Vogelzang MEMBERS ABSENT: None. STAFF PRESENT: Moen, Denney, Burnside, Hudson OTHERS PRESENT: Kevin Hanick, Anna May Miller, Adrian Rittenmeyer, Nancy Stellwagen, Earle Stellwagen, Karen Allen, Pat Meyer, Harry R. Wolf SPECIAL EXCEPTION ITEMS: EXC93-0005. Public hearing on a request submitted by Steve and Nancy Shaffer for a special exception to permit up to two dwelling units above the ground floor of a commercial use for property located in the CC -2 zone at 825 Pepperwood Lane. Findings of Fact. The Board finds that the applicants have demonstrated that the proposed dwelling units are an appropriate use for this site. The density of one dwelling unit per 10,960 square feet of lot area is well below the maximum density of one dwelling unit per 1,800 square feet of lot area allowed by the Zoning Ordinance. The applicants will provide adequate parking and will meet the Ordinance requirements for provision of residential trees. 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 dwellings above or below the ground floor of another permitted principal use in the CC -2 zone cited in Section 36-19(d)(5), Code of Ordinances of the City of Iowa City, Iowa. Disoosition. The Board approved, by a 5-0 vote, EXC93-0005, a special exception to permit up to two dwelling units above the ground floor of a principal use for property located in the CC -2 zone at 825 Pepperwood Lane, subject to the site plan being brought into compliance with City codes and regulations. 2. EXC93-0006. Public hearing on a request submitted by Out of Danger, Inc., on behalf of property owner Southgate Development Corporation, to establish a transient housing facility in the CI -1 zone for property located at 548 Olympic Court. Findings of Fact.The Board finds that, given the size of the facility required for Out of Danger, Inc. to provide services and shelter for its clients, this facility would not fit compatibly in most residential neighborhoods. The low profile characteristics of the commercial neighborhood in which the facility is proposed, due to its location on a cul-de- sac and in an area that does not experience heavy traffic loads, make it a suitable location for the Out of Danger, Inc. facility. The Board finds that the proposed building elevations _��,1514 = J-1 2 confirm that the facility is expected to fit into the commercial context of the area. Finally, the Board finds that restricting the approval of the transient housing facility to Out of Danger, Inc., an agency that specifically serves victims of domestic violence, upholds the standard that the use will not be injurious to the use and enjoyment of other commercial property in the immediate vicinity. 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 required for transient housing in the CI -1 zone cited in Section 36-23(d)(7), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved EXC93-0006 by a 5-0 vote, a request to establish a transient housing use for Out of Danger, Inc. for up to 54 persons for property located in the CI -1 zone at 548 Olympic Court. The special exception was conferred specifically to Out of Danger, Inc.; it is not applicable to any successors in title to the 548 Olympic Court property. Ernie Galer, Chairperson STATE OF IOWA JOHNSON COUNTY Appr ved by � n City Attorne 's Office 41Zr I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 14th day of April, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this day of 1993. CORPORATE �� SEA,' Mari , City Clerk X- ppoadmin\min boa4-14.d� W . � 7 O G r— _ PT1 -o- s. X67 y t0 I: 0.4534 i�--dV moo FEE DECISION IOWA CITY BOARD OF ADJUSTMENT MAY 12, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBER ABSENT: STAFF PRESENT: OTHERS PRESENT: Larry Baker, Ernie Galer, Catherine Johnson, Barbara Ludke Bormann, Denney, Rockwell FILED N0. 023636 600K J5g9PA, GF_ J7�L_ 93HAY26 AN 8:52 Robert Finley, Pat Foster, Robert Downer, Dr. C.E. Schrock, Robert A. Shellady, Mary Carey, Gary Appleby SPECIAL EXCEPTION ITEMS: EXC93-0003. Public hearing on a request submitted by Robert D. Finley for special exceptions to permit off-street parking on separate lots for property located in the CI -1 zone at 1910 S. Gilbert Street. Findings of Fact. The Board finds that approval of the special exception requests will permit more parking than the applicant is required to provide. The relocation of the south curb cut will improve visibility for people using the drive, and thereby increase on-site pedestrian, bicyclist and vehicular safety. Finally, modifying the parking area on the west side of the building will enhance handicapped access to the building addition, and will decrease parking conflicts with delivery vehicles on the site and conflict with traffic on a public street. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2), Code of Ordinances of the City of Iowa City, Iowa, and has satisfied the criteria for permitting off-street parking on a separate lot as set forth in Section 36-58(d). Disoosition. The Board approved, by a 4-0 vote, EXC93-0003, the requested special exceptions to permit parking on a separate, but adjacent 100 foot by 100 foot property immediately to the east of property located at 1910 S. Gilbert Street, and to permit a parking access drive on a separate, but adjacent 110 foot by 20 foot perpetual access easement immediately south of the 1910S. Gilbert Street property, subject to the following conditions: a) the applicant shall modify the existing parking area immediately west of the building to provide a maximum of two handicapped - accessible parking spaces; b) the applicant shall comply with all parking and tree regulations; c) the applicant shall secure a curb cut permit and reconstruct the curbing to realign the south curb cut with the parking access drive; d) signage shall be placed to direct patrons of the restaurant/bar to use the south access drive and to park to the rear of the building; e) with the City as a party to the agreement, a properly executed agreement for parking on the Kennedy property shall be recorded; and f) the applicant's perpetual access easement agreement with Darrold M. Foster shall not be abrogated. 15, 9 ul: 178 Board of Adjustment Decision May 12, 1993 Page 2 o chi c a _= C.) 2. EXC93-0008. Public hearing on a request submitted by Robert G. Shella_y for`�ec exceptions to a) permit an auto and truck oriented use in the CC -2 zone, An- b4edu6e the front yard requirement along Muscatine Avenue for property loci -'d ata 24251 Muscatine Avenue. -= w l� •� CJ Findings of Fact. The Board finds that the proposed bank with its associatecfdrive-in facilities will not significantly impact traffic circulation on either Muscatine Avenue or Wade Street. In addition, eliminating a curb cut on Muscatine Avenue will reduce traffic conflicts on Muscatine Avenue in relationship to this commercial property. The proposed landscaping and screening, which will be consistent with existing landscap- ing and screening along the adjacent street frontage to the east, will buffer the existing residential uses from the impacts of the proposed parking area. Finally, the proposed bank facility will upgrade an existing commercial site. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(8)(2), Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for permitting an auto and truck oriented use in the CC -2 Zone and for modifying a front yard requirement as set forth in Section 36-19(d)(1) and Section 36-69(b), respective- ly. Disoosition. The Board approved, by a 4-0 vote, EXC93-0008, a request to allow an auto and truck oriented use within the CC -2 Zone, and to reduce the front yard requirement along Muscatine Avenue from 20 feet to 4.45 feet for the 205 foot length of the proposed parking area for property located at 2425 Muscatine Avenue, subject to: a) submission of a site plan that is in compliance with all applicable City Ordinances, and b) City Forester approval of a landscaping plan for alternative vegetative screening along Muscatine Avenue. 3. EXC93-0009. Public hearing on a request submitted by the University of Iowa Community Credit Union, on behalf of property owners Southgate Development, for special exceptions to a) permit drive-in facilities for a financial institution in the CN -1 Zone, and b) reduce the front yard requirement along Mormon Trek Boulevard for property located at 825 Mormon Trek Boulevard. Findings of Fact. The Board finds that permitting three drive-in lanes and one ATM lane for the Credit Union branch facility will be in keeping with the intent of the CN -1 Zone which is to meet the day-to-day needs of a fully developed residential neighbor- hood. The applicant demonstrated that it requested that number of drive-in lanes in order to diminish the anticipated excessive stacking of vehicles during peak periods of business activity rather than to institute a community -wide credit union facility. The Board further finds the extra wide 85 -foot Mormon Trek Boulevard right-of-way provides a distancing separation between the residential uses to the east and the proposed Credit Union branch office. In addition, the proposed alternative vegetative screening will buffer the nearby residential uses from the impacts of the proposed parking area. Finally, the development will upgrade the developing commercial area known as Walden Square. �� :'AGE J^%9 1W Board of Adjustment Decision May 12, 1993 Page 3 Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2), Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for permitting drive-in facilities for financial institutions in the CN -1 Zone and for modifying an established setback as set forth in Section 36-18(d)(2) and Section 36-69(b), respectively. Disposition. The Board approved, by a 3-0 vote, EXC93-0009, the special exceptions to permit a drive-in facility for a financial institution in the CN -1 Zone, and to reduce the front yard requirement along Mormon Trek Boulevard from 20 feet to 10 feet for the 207 foot length of the proposed parking area for property located at 825 Mormon Trek Boulevard, subject to: a) a maximum of three drive-in lanes and an ATM lane being permitted in association with the branch office facility; b) site plan compliance with City Code requirements; and c) City Forester approval of a landscape plan for alternative vegetative screening within a minimum 18 -inch high berm along Mormon Trek Boulevard. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. `a 1 Ernie Galer, Chairper on Approved by City Attorney's Of ice ,5../Zp/13 L5,19 rAcE 16o 0 w n -C N _ -n _m :> w r L5,19 rAcE 16o ; Board of Adjustment Decision May 12, 1993 Page 4 STATE OF IOWA 1 JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 12th day of May, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this al day of 1993. ppdedmin\min9lboa5-12.dec Marian K. Karr, City Clerk CORPORATE SEAL V, -151.q i'AGE 161 CID a �=; = Ul C7_ N _n y y� W F' V, -151.q i'AGE 161 FEE DECISION IOWA CITY BOARD OF ADJUSTMENT JUNE 9, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Ernie Galer, Catherine Johnson, Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Rockwell, Bormann, Krippner FILEd 1R.5fi5J--------- 93 JU' 17 FM 2: 49 Barbara LudKp, Rich OTHERS PRESENT: John Bucher, Jan Dull, Joan Hart, Richard Stratton, Joe Holland, Kevin Hanick, Mari Greb, Leslie Greb, Joyce Barrett, Anna Mae Miller, Charles Miller, Ken Duffy, Merle Rogers, Adrian Rittenmeyer, Susan Rogers, Gene Greb SPECIAL EXCEPTION ITEMS: EXC93-0010. Public hearing on a request submitted by John Bucher, on behalf of property owner A.M.C. Investment Co., for a special exception to permit parking on a separate lot for property located in the CB -2 zone at 331 Market Street. Findings of Fact. The Board finds that parking for the proposed restaurant/bar use would be more intensive than for an office or retail use and would add to the current parking congestion in the Market Street area. Intensifying the parking congestion in the area would increase competition for parking spaces in the Market Street municipal lot diminishing patronage of existing businesses in the area. Finally, parking would be displaced onto nearby residential streets, detrimentally affecting adjacent properties. Conclusions of Law. The Board concludes that the applicant has not met the general standards for granting a special exception set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City. Iowa, and has not satisfied the criteria for allowing parking on a separate lot as specified in Section 36-58(d), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board denied, by a 5-0 vote, EXC93-0010, the requested special exception to permit parking on a separate lot, that is, the allocation of three off-street parking spaces in the Market Street municipal lot to meet the parking requirements of a restaurant/bar use at 331 E. Market Street. 2. EXC93-0011. Public hearing on a request submitted by Mari Greb, on behalf of property owner Paula Borchardt, for a special exception to permit a single-family residential use on a nonconforming lot of record with frontage on Davenport Street located in the RS -5 zone at 1333 Cedar Street. Findings of Fact. The Board finds that locating the Reno -Berg House on the proposed site will not diminish property or market values of adjacent properties. The residence will be located on the east edge of an older subdivision, and will not detract from the aesthetic character of a residentially eclectic neighborhood. Setbacks of the residence from the lot lines will be greater than required. In addition, the retention of mature evergreen trees on the site, the preservation of a historic house, and the increased tax revenues resulting from the proposed infill development will contribute to the public welfare. 1563 AGE0093 Decision Board of Adjustment April 14, 1993 Page 2 Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception set forth in Section 36-91(8)(2), Code of Ordinances of the City of Iowa City, Iowaand has satisfied the criteria for permitting a single-family residential use on a nonconforming lot of record as specified in Section 36- 82(d), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0-1 vote (Galer abstaining), EXC93-0011, a special exception to permit a single-family residential use on the lot of record that is the south 125 -foot portion of the 1333 Cedar Street property, subject to conformance with the site plan and elevation submitted on June 9, 1993, showing the driveway on the east side of the property, including retention and planting of trees as shown on the site plan and placement of the residence 27 feet from the Davenport Street right-of-way. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. r,11t Ernie Ga1er,7eh_airp n Approved by City Attorney's Office CD (7 STATE OF IOWA ) JOHNSON COUNTY) I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 9th day of June, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this /504�-day of rvL_ 1993. ppdadminlm Wboa6-9.dw LlMarian K. Karr, City Clerk C®RPDRATE SEAL :-1,63 4610094 -� FEE FILED N0005 v r. ._--- DECISION itnv'W IOWA CITY BOARD OF ADJUSTMENT 93 3 j (',)j 9: 20 AUGUST 11, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, Ernie Galer, Catherine Johnson; Rich Vogelzang t 1059.74 MEMBERS ABSENT: None FILED NO. --- STAFF PRESENT: Denney, Bormann, Krippner FEE OTHERS PRESENT: Gary Dunne, Steve Laughlin /I _3 (fi 9. 4c SPECIAL EXCEPTION ITEMS: 1. EXC93-0015. Public hearing on a request submitted by Gary Dunne for a special exception to permit a dance studio, a school of specialized private instruction, for property located in the CC -2 zone at 940 Gilbert Court. Findings of Fact. The Board finds that establishment of a dance studio will not negatively impact traffic circulation on Gilbert Court. The proposed use will generate a similar amount of traffic as would other uses allowed in the CC -2 Zone. In addition, the applicant will provide more parking than the zoning ordinance requires. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for permitting a school of specialized private education in the CC -2 Zone as set forth in Section 36-4(5)(2). Disposition. The Board approved, by a 5-0 vote, EXC93-0015, a special exception to permit the establishment of a school of specialized private instruction, a dance studio, in a building located in the CC -2 Zone at 940 Gilbert Court. 2. EXC93-0016. Public hearing on a request submitted by St. Mark's United Methodist Church to permit an expansion of a religious institution for property located in the RS -5 Zone at 2675 E. Washington Street. Findings of Fact. The Board finds that construction of a 7,147 square foot addition to the St. Mark's United Methodist Church will not negatively impact properties adjacent to the church. The addition is set back from adjacent properties more than is required by ordinance. Adequate access is provided to the site, and the addition does not require additional parking. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for expansion of a religious institution as set forth in Section 36-7(d)3. Disposition. The Board approved, by a 5-0 vote, EXC93-0016, a special exception to permit expansion of a religious institution with a 7,417 square foot addition as shown on the site plan dated May 1, 1993, for property located at 2675 East Washington Street. 1621 :' cr 278 io3CISlOn Board of Adjustment August 11, 1993 Page 2 TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. `C; vI Ernie Galer, Chairperson Approved by �ur-- City Attorney's Office dlJbl9,? STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the,9tA day of rre',f'1993, as l/ the same appears of record in my Office. // A Dated at Iowa City, Iowa, this a 7 day of , 1993. Marian K. Karr, City Cled, A� ppdadmin\mins\boa8-11.dec i ^ Fql usrinic; I.a__� 1611 i'AGE 279 DECISION IOWA CITY BOARD OF ADJUSTMENT AUGUST 11, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: C -e" -Az- Larry Baker, Patricia Eckhardt, Ernie Galer, Catherine Johnson, Rich Vogelzang None Denney, Bormann, Krippner Gary Dunne, Steve Laughlin SPECIAL EXCEPTION ITEMS: `o D:=i n-< —+C-> M o� D �o w a C= CJ a w EXC93-0015. Public hearing on a request submitted by Gary Dunne for a special exception to permit a dance studio, a school of specialized private instruction, for orooertv located in the CC -2 zone at 940 Gilbert Court. Findings of Fact. The Board finds that establishment of a dance studio will not negatively impact traffic circulation on Gilbert Court. The proposed use will generate a similar amount of traffic as would other uses allowed in the CC -2 Zone. In addition, the applicant will provide more parking than the zoning ordinance requires. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91 (g) (2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for permitting a school of specialized private education in the CC -2 Zone as set forth in Section 36-4(5)(2). Disposition. The Board approved, by a 5-0 vote, EXC93-0015, a special exception to permit the establishment of a school of specialized private instruction, a dance studio, in a building located in the CC -2 Zone at 940 Gilbert Court. 2. EXC93-0016. Public hearing on a request submitted by St. Mark's United Methodist Church to permit an expansion of a religious institution for property located in the RS -5 Zone at 2675 E. Washington Street. Findings of Fact. The Board finds that construction of a 7,147 square foot addition to the St. Mark's United Methodist Church will not negatively impact properties adjacent to the church. The addition is set back from adjacent properties more than is required by ordinance. Adequate access is provided to the site, and the addition does not require additional parking. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances of the City of Iowa City, Iowa, and has met the specific standards for expansion of a religious institution as set forth in Section 36-7(d)3. Disposition. The Board approved, by a 5-0 vote, EXC93-0016, a special exception to permit expansion of a religious institution with a 7,417 square foot addition as shown on the site plan dated May 1, 1993, for property located at 2675 East Washington Street. Decision Board of Adjustment August 11, 1993 Page 2 TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the were filed with the City Clerk, unless the Applidant 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. —Ernie Galer, Chairperson Approved by City Attorney's Office e/je19,? STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 9th day of June, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this a 7'"` day of 1993. ins -P. qV.) Marian K. Karr, City Clerk ppdadmin\m ins\boa8-11, dec FEE 00 DECISIONS IOWA CITY BOARD OF ADJUSTMENT F"? SEPTEMBER 8, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS 93 SEP 20 AM 9: 58 MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, ErnieCk3ajbC(t (rine Johnson, Rich Vogelzang IOVIA CITY, j0yVA MEMBERS ABSENT: None. ;)o7 156 FILES STAFF PRESENT: Bormann, Denney, Rockwell, Krippner OTHERS PRESENT: John Rummelhart, Casey Mahon, Mike McGinn, Margo`Jer&k,` George Thompson, David Baculis, David Ressler, Larry Kral SPECIAL EXCEPTION ITEMS. EXC93-0018. Public hearing on a request submitted by Dr. Kevin J. McCarville for a special exception to permit a school of specialized private instruction for property located in the CO -1 zone at 1901 Broadway. Findings of Fact. The Board finds the proposed tutorial center to be an appropriate use in the CO -1 zone and that the center will not adversely affect the neighboring properties. Due to the fact that the proposed use operates during a different time of day than the majority of commercial uses located on this property, the use will not increase the traffic congestion. In addition, the applicant meets the parking requirements. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting 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 a school of specialized private instruction in the CO -1 zone as set forth in Section 36- 17(d)(9), Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a 5-0 vote, a special exception to permit the establishment of a school of specialized private instruction, a tutorial center, in a building located in the CO -1 zone at 1901 Broadway Street, subject to compliance with all applicable regulations. 2. EXC93-0019. Public hearing on a request submitted by Carnegie Plaza Partners for a special exception to permit off-street parking for property located in the CB -10 zone 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 on the edge of the downtown area without threatening the viability of the municipal parking facilities. The proposed development is consistent with the intent of the CB -10 zone to intensity the density of usable commercial spaces, while increasing the availability of open spaces, plazas and pedestrian ways. 1619 :'�cE 176 J 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 Section 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 5-0 vote, a special exception to permit no more than 69 underground, off-street parking spaces in the CB -10 zone for property located at 315 East College Street. 3. EXC93-0020. Public hearing on a request submitted by Michael and Anne McGinn and Casey Mahon for a special exception to permit a yard modification for property located in an RS -5 zone at 226 McLean Street. Findings of Fact. The Board finds that the proposed craftsman -style design for the residential addition and garage blends with the existing residence and the surrounding neighborhood and will upgrade the property. In addition, the proposed garage and driveway will ease the parking situation in the immediate vicinity where on -street parking is prohibited Monday through Friday. Eliminating parking off Beldon Street will reduce the public hazard of the current parking situation. Finally, given the constraints of the lot size and required setbacks, the location of the addition and garage provides ample setbacks from the street frontages, and should not impinge upon the use and enjoyment of the property to the east, the property most impacted by the yard modification. Conclusions of Law. The Board concludes that the applicants have met the general standards for granting 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 a reduction in the rear yard setback requirement as set forth in Section 36-69(b). Disposition. The Board approved, by a 5-0 vote, a special exception to reduce the rear yard requirement from 20 feet to five feet for the 24 -foot length of the proposed garage/studio for property located at 226 McLean Street, subject to 1) the removal of the on-site parking currently located on the Beldon Street frontage, and 2) conformance with the site plan and elevations submitted on August 16, 1993, except that the drive and patio dimensions may be reconfigured to move paving out of the drip line of the oak tree located on the south portion of the 226 McLean Street properti. VARIANCE ITEM. VAR93-0002. Public hearing on a request submitted by David A. Baculis, Sr. for a variance to permit a single-family residential use in an industrial zone for property located in the 1-1 zone at 2124 S. Riverside Drive. Findings of Fact. The Board finds that the triplex, mobile home and single-family residence, existing legal nonconforming uses currently located on a portion of the request property and on the property to the south of the request property, as well as the existence of mobile home parks to the east and south, create a residential, not an industrial setting, for the subject 28'x 60' modular display home. The use of the modular display home as a residence is in harmony with the current use of the property and the V7 3 properties immediately to the east and the south and would not adversely affect those properties. Strict compliance with the 1-1 zone requirements would, however, create land use conflicts. The proposed residential use does not contravene the residential designation in the Comprehensive Plan for the 2124 S. Riverside Drive property. In addition, it is in the public interest to allow continued usage of an affordable residential rental unit. The Board further finds the applicant could not realize a reasonable return on his property if used for industrial development. Due to its small size, the property could not practically be converted to an industrial use. The Board finds that the uniqueness of the property relates to its residential use before and after the 1983 city-wide comprehensive rezoning which rezoned the property from C-1, which permitted residential uses, to 1-1, which does not permit residential uses. Finally, the Board finds that the applicant did not create his own hardship in this case. The situation arose due to misunderstandings surrounding the rezoning of the property during the 1983 city-wide rezoning. Conclusions of Law. The Board concludes that the applicant narrowly establishes the necessary elements for obtaining a variance as set forth in Section 36-91(g)(3), the Code of Ordinances of the City of Iowa City, Iowa. The Board further concludes that it should impose conditions restricting the duration of the variance to the continued use of the existing structure in order to fulfill the purpose and intent of the Zoning Ordinance, serve the public interest and not contravene the objectives of the Comprehensive Plan as set forth in Section 36-91(g)(3), the Code of Ordinances of the City of Iowa City, Iowa. Disposition. The Board approved, by a vote of 3-0 [Galer and Baker left the meeting prior to the Board decision for this case], a variance to permit a single-family residential use in an industrial zone for property located at 2124 S. Riverside Drive, subject to the continued use of the existing 28' x 60' structure located on the southwest portion of the property. The Board restricts the variance to the duration of the use of that existing structure. Said structure may be maintained as a residential rental unit, but may not be enlarged. If the existing structure is enlarged, destroyed, demolished or removed, the variance immediately expires. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. �v' C Elie Galer, ,t V. -1619 i'ACE hg 4 STATE OF IOWA JOHNSON COUNTY Approved by AJQit� n City Attorney's Office 7 — IT -Ib -q3 I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 8th day of September, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this 20 day of , 1993. MarigrrK. Karr, City Clerk boa9-8.dec CORPORATE SEAL .1619 'AGE 179 COU09VIE 2' w FILE 1,11 010154' BGr�1. i DECISIONS FEE Ivo 013OCT27 AW 9:27 IOWA CITY BOARD OF ADJUSTMENT OCTOBER 13, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS lCGRDER Jn, cn 11.,105'41a MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, Ernie Galer, Rich Vogelzang MEMBERS ABSENT: Catherine Johnson. STAFF PRESENT: Bormann, Denney, Rockwell, Krippner OTHERS PRESENT: Michial Hartley, Lesle Grab, Kay Ireland, Kenneth Duffy, Charles Miller, Anna Mae Miller, Kennith Culp, Michael Lensing, Rochelle Prunty SPECIAL EXCEPTION ITEMS: EXC93-0023. Public hearing on an application submitted by Michial D. Hartley for a special exception to permit a side yard reduction for property located in the RS -8 zone at 1 126 Sheridan Avenue. Findings of Fact. The Board finds the requested seven percent side yard reduction to be a modest reduction. The proposed residential addition and garage will not be wider and will be four feet less in length than the recently removed carport/garage. The stepped -back design will lessen the impact of the increased height and mass of the proposed renovation. The requested exception will not inhibit further development and improvement of the property to the east. In addition, the proposed upgrade of the residence will have an overall favorable impact on the surrounding neighborhood. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting 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 granting an exception to an established setback requirement as set forth in Section 36-69(b), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, a special exception to reduce the side yard requirement from five feet to a setback line running the 35.5 foot length of the garage/residential addition from a 3.5 foot setback point at the southeast corner of the addition to a 3.0 foot setback point at the northeast corner of the addition for property located at 1 126 Sheridan Avenue. Baker left the Board meeting at 5:58 p.m. 2. EXC93-0017. Public hearing on an application submitted by Kennith and Holly Culp for a special exception to permit a yard modification for property located in the RS -5 zone at 170 Ironwood Circle. Findings of Fact. The Board finds that, due to an error in the issuance of a building permit, the residence and attached garage were constructed on the site within the 1 G41 'AGF 2G/ CL DECISIONS FEE IOWA CITY BOARD OF ADJUSTMENT OCTOBER 20, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, Ernie Galer, MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Catherine Johnson Bormann, Rockwell, Krippner 230�)JC`) FILED -L 4I!0. 93rp'i -5 PM I* 42 *C")C:) i Rich V�gzai v - Lesle Greb, Dick Kruse, Susan Rogers, Adrian Rittenmeyer, Rochelle Prunty SPECIAL EXCEPTION ITEMS: EXC93-0011. Public hearing on a request submitted by Lesle Greb to amend a special exception, approved on June 9, 1993, which permitted a residential use on a nonconforming lot of record for property located in the RS -5 zone at 1334 E. Davenport Street. Findings of Fact. The Board finds that the redesigned elevation enhances the alignment of the new lower level garage with the historic structure above it. The redesign also increases the compatibility of the structure with the residences located on neighboring properties. By narrowing the drive at the access to Davenport Street and centering the drive on the lot, the revised site plan improves the snow removal situation and lessens the intrusiveness of the drive for the neighboring property owner to the east. The revised site design also facilitates better drainage management for the property. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting 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 a residential use on a nonconforming lot of record as set forth in 36-82(d), Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 3-0-1 vote (Galer abstaining), an amendment to the June 9, 1993, Board of Adjustment decision approving a special exception to permit a single-family residential use on a lot of record that is the south 125 -foot portion of the 1333 Cedar Street property, now designated as the 1334 E. Davenport Street property, subject to conformance with the site plan and elevation, Attachments A and B respectively, submitted on October 20, 1993, which illustrate the recessed, two -door garage design. Conformance with the site plan includes retention and planting of trees as shown on the plan and placement of the residence a minimum of 27 feet from the Davenport Street right-of-way. V: 1 sag ul 207 2. EXC93-0025. Public hearing on a request submitted by New Pioneer Co-op for a special exception to permit parking on a separate lot for property located in the CB -2 zone at 20 S. Van Buren Street. Findings of Fact. The Board finds that the one requested parking space comprises less than 10% of the required parking for the 20 S. Van Buren Street property. Based on information provided by the City Parking Division Supervisor, the Board substantiated that the use of one parking space for an office expansion will not exceed the capacity of the Chauncey Swan parking facility as long as the parking request is limited to the provision of one non -designated, metered parking space in the ramp. The Board finds no safety hazard or negative impacts associated with the requested exception. Conclusions of Law. The Board concludes that the applicant has met the specific standards for permitting off-site parking on a separate lot as set forth in Section 36-58(d), Code of Ordinances for the City of Iowa City, Iowa, and has met the general standards for granting a special exception as set forth in Section 36-91 (g)(21/b, Code of Ordinances for the City of Iowa City, Iowa. Disposition. The Board approved, by a 4-0 vote, a special exception to permit one required off-street parking space to be provided on a non -designated, metered basis in the Chauncey Swan municipal parking ramp to serve a 352 square foot expansion of an office use at 20 S. Van Buren Street. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. Ernie Galer, Chairperson - 1 u49 "m 208 Approved by UL City Attorney's Offic r ;12/93 o w D_, w C cn 3 STATE OF IOWA ) JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 20th day of October, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this �'J day of T , 1993. boa10-20.dec Marian K. Karr, City Clerk v. - 1649 3GE 209 �O CO O Z D� c n -G -I w n a M w D cn HOUSE azri a�:.r o�- opo [ttcLti1VGD �MOCT 201993 I SITE PLAN w TOD=TOP OF DECK e =PROPOSED ELEVATION ® =EXISTING ELEVATION T.C.=TOP OF CURB Z 0 �®^ z U1LJb I� m N d 0. I cv cv E. 35' ' C? . -i a E- a st OW.. ' �P5 Z z [ttcLti1VGD �MOCT 201993 I SITE PLAN w TOD=TOP OF DECK e =PROPOSED ELEVATION ® =EXISTING ELEVATION T.C.=TOP OF CURB N songs RBLGamv r¢v iuxi wi® • Untreuer's Dra ing Service • I� O d N songs RBLGamv r¢v iuxi wi® • Untreuer's Dra ing Service • o-� CD r OCT 20 1993 .P.O. UEPAM IN b7 ,y FIL_7 113337- FEE �-\ �^ a -2 AM 8: 49 DECISIONS F I 1 [' � J ✓ IOWA CITY BOARD OF ADJUSTMENT 93 MOST 30 PH 4: z5 "-,9 NOVEMBER 10, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MAW CLERK �� MEMBERS PRESENT: Larry Baker, Patricia Eckhardt, C�I AW LIAIQ 14 Rich Vogelzang MEMBERS ABSENT: Ernie Galer STAFF PRESENT: Rockwell, Bormann, Boose, Krippner OTHERS PRESENT: Pat Moore, Robert Finley, Mace Braverman, Pat Foster, Mary Gaffey, Gary Appleby, Alan Weinstein, Thom Cowan, Bill McCarty, John Rummelhart SPECIAL EXCEPTION ITEMS: EXC93-0003. Public hearing on a request submitted by Robert Finley for an extension of a special exception approved on May 12, 1993, permitting parking on a separate lot for property located in the CI -1 zone at 1910 S. Gilbert Street. Findings of Fact. The Board finds that the applicant has made minimal progress in meeting the conditions of the May 12, 1993 special exception permitting parking on a separate lot. The applicant needs to submit an alternative plan to provide off-street parking in compliance with the City's parking regulations and/or submit a lease agreement that assures the provision of sufficient parking in perpetuity for the uses located at 1910 S. Gilbert Street. Conclusions of Law. The Board concludes that the applicant has satisfied the conditions set forth in Section 36-91(e), Code of Ordinances for the City of Iowa City, Iowa, for extending the expiration date of the special exception approved on May 12, 1993, to allow him to pursue an alternative plan for providing parking on a separate lot or negotiate an acceptable lease agreement. Disposition. The Board approved, by a 3-1 vote (Johnson voting no), an extension to December 8, 1993, of the May 12, 1993. Board of Adjustment approval of EXC93-0003 for property located in the CI -1 zone at 1910 S. Gilbert Street. If by December 8, 1993, the applicant demonstrates that concrete arrangements have been made ensuring compliance with the conditions of the special exception approval, the applicant may request an additional extension of time to implement the May 12, 1993, decision. 2. EXC93-0009. Public hearing on a request submitted by the University of Iowa Community Credit Union for an extension of two special exceptions approved on May 12, 1993, permitting a drive-in facility for a financial institution in a CN -1 zone, and reducing the front yard requirement along Mormon Trek Boulevard for property located at 825 Mormon Trek Boulevard. Findings of Fact. The Board finds that the University of Iowa Community Credit Union experienced a delay in being able to close on the purchase of the subject property. The 166:1 'AGF 296 2 wet weather also created difficulties in proceeding with construction of a branch office. It appears that no extenuating circumstances will further forestall impleni of the special exception during the next six months. ,. ;. , Conclusions of Law. The Board concludes that the applicant has9i fJQ0h(PVP4diVVs set forth in Section 36-91(e), Code of Ordinances for the City of Iowa City Iowa, for extending the expiration date of the special exception approved on Miyi'laIfsM 10w4 C,I Y.10VIA Disposition. The Board approved, by a 4-0 vote, the requested extension to May 12, 1994, of the May 12, 1993, Board of Adjustment approval of EXC93-0009 for property located in the CN -1 zone at 825 Mormon Trek Boulevard. 3. EXC93-0027. Public hearing on a request submitted by Agudas Achim Synagogue for a special exception to permit an expansion of a religious institution in the RM -12 zone for property located at 602 E. Washington Street. Findings of Fact. The Board finds that the original construction of the Agudas Achim Synagogue occurred in 1950. Although the zoning code waives the dimensional and off- street parking requirements for religious institutions established prior to 1962, the synagogue addition will meet the frontage setback requirement of the RM -12 zone and create no increase in the parking requirements for the synagogue. The synagogue will access onto Johnson Street, which has a pavement width of 31 feet. The applicant must comply with the floodplain development regulations. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting a special exception as set forth in Section 36-91(g)(2)b, Code of Ordinances for the City of Iowa City, and the specific standards for permitting the expansion of a religious institution in the RM -12 zone as set forth in Section 36-11(d)(7). Disposition. The Board approved, by a 4-0 vote, EXC93-0027, a special exception to permit a 1,335 square foot addition on the north side of the Agudas Achim Synagogue located at 602 E. Washington, subject to 1) conformance with the site plan, Attachment A, submitted on October 28, 1993, and 2) obtaining an approved Floodplain Development Permit prior to the City issuing a building permit for the addition. 4. EXC93-0028. Public hearing on a request submitted by Youth Homes, Inc. for a special exception to permit a group care facility in the CI -1 zone for property located at 1916 Waterfront Drive. Findings of Fact. The Board finds that the commercial area in question does not experience heavy traffic loads or rely upon high visibility. Limiting the special exception to Youth Homes, Inc. should ensure site usage with little or no negative impact on neighboring properties. The proposed occupancy load of 22 persons is well under the allowed maximum occupancy of 196 persons. Although the residents of the facility will not be allowed to have cars, the applicant will provide parking in excess of the Ordinance requirements. Conclusions of Law. The Board concludes that the applicant has met the general standards for granting 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 a v, . ] 664 � ACF 297 3 group care facility in the CIA zone as set forth in Section 36-23(d)(4). Disposition: The Board approved, by a 4-0 vote, EXC93-0028, a special exception to allow a group care facility in the CI -1, Intensive Commercial, zone for property located at 1916 Waterfront Drive, subject to a) submission of a site plan in compliance with all applicable City Ordinances, and b) the stipulation that the approval is limited to Youth Homes, Inc. ownership and operation of a group care facility at the 1916 Waterfront Drive property. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. Rich Approved by City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 10th day of November, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this .3,1> day of , 1993. 2zat 4-0,1 - 7C . Marian`K. Karr, City Clerk %�q � _ to ca boa11-10.dec o CD 'gy om s i D N cn V.. 166:1 na 2% ATTACHMENT A _ 1661 ?AGE 299 VMOI - "AlIO VMOI- F ' _:' - - 1S NOlEJNIHSVM '3 309 NOIlVOV.'3flJOJVNAS WIHOV SV4(KJV • 8i ^. _ 1661 ?AGE 299 FEE Itill00 DECISION IOWA CITY BOARD OF ADJUSTMENT 043 DEC 13 PM i 40 DECEMBER 8, 1993 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS CITY CLERK �O JA CITY, 10W1 A MEMBERS PRESENT: Larry Baker, Patricia Eckhard , mie Galer, Catherine Johnson, Rich Vogelzang MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: None. Bormann, Rockwell, Krippner Robert Finley, Pat Foster 114213 FILED I:D.------ _ 93 C' -C 14 RIR 8: 39 SPECIAL EXCEPTION ITEM: 1. EXC93-0003. Public hearing on a request submitted by Robert Finley for an extension of a special exception approved on May 12, 1993, permitting parking on a separate lot for property located in the CI -1 zone at 1910 S. Gilbert Street. Findings of Fact. The Board finds that the applicant's attorney has made a commitment to try to implement a satisfactory lease agreement prior to the February 9, 1994, Board of Adjustment meeting. The extension is warranted to facilitate a remedy of the parking deficiencies on the subject property and is preferable to pursuing Court action at this time. Conclusions of Law. The Board concludes that the applicant narrowly satisfies the conditions set forth in Section 36-91(e), Code of Ordinances for the City of Iowa City, Iowa, for extending the expiration date of the special exception approved on May 12, 1993. Disposition. The Board approved, by a 5-0 vote, the request for a two-month extension to February 9, 1994, of the May 12, 1993, Board of Adjustment approval of EXC93-0003 for property located in the CI -1 zone at 1910 S. Gilbert Street. If by February 9, 1994, the applicant has secured a satisfactory lease agreement ensuring sufficient parking in perpetuity for the existing uses located at 1910 S. Gilbert Street, the applicant may request an additional extension of time to implement the May 12, 1993, Board of Adjustment decision. TIME LIMITATIONS: All orders and decisions of the Board, which do not otherwise set a time limitation on Applicant action, shall expire six (6) months from the date the 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. v � 1672 roc[ 58 i♦ 2 Ili! Ernie Galer, Chairperson Approved by GL�.o1GL. ui-- City Attorney's Offi e z _ -9-3 STATE OF IOWA 1 1 JOHNSON COUNTY 1 I, Marian K. Karr, City Clerk of the City of Iowa City, 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 its regular meeting on the 8th day of December, 1993, as the same appears of record in my Office. Dated at Iowa City, Iowa, this l3 day of .Jece„ e.- 1993. boas 2-8.dec Marian K. Karr, City Clerk CORNRATE SEAL 1672 VAGI 59 O