HomeMy WebLinkAbout1994 Board of Adjustment Decisionsn
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DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
JANUARY 12, 1994 - 4:30 P.M.
CI`,/IC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
Patricia Eckhardt, Bill Haigh
Rich Vogelzang
V M. "I
Bormann, Denney, Rockwell, Krippner
OTHERS PRESENT: John Moreland, Bill Bywater, Sue Pearson, Kevin Hanick
FILED H0.
SPECIAL EXCEPTION ITEMS: BOOK--,7__�P$gAGE:3 FY0--
1. EXC93-0030. Public hearing on a request submitted by John Mory JPA2IS: 50
exceptions to establish a commercial recreational use, to reduce the off-street parking
requirements, and to provide parking on a separate lot for property located in the CC -2
zone at 1 550 First Avenue.
Findings of Fact. The Board finds that the proposed use, a youth entertainment center,
will provide a needed public service and will be compatible with surrounding
commercial uses. The ages of the patrons of the youth center, most of whom will not
be of driving age, coupled with hours of operation that are different from other
commercial establishments in the area, diminishes the need to provide the full amount
of required parking. The Board finds that sufficient monitoring of the parking situation
will assure usage of the Goodwill parking area by patrons and employees of the youth
entertainment center. Finally, the Board finds that the impacts of the special exception
approvals will be sufficiently limited by restricting the approvals to the specific,
requested youth entertainment center use.
Conclusions of Law. The Board concludes that the applicant has satisfied the specific
requirements, as set forth in Section 36-19(d)(4), Code of Ordinances, City of Iowa
ddition
City, Iowa, ror ajiuwing a cummerciai ;•:oredriunai usu iii dit; CC -2 zure. .n a ,
the applicant has satisfied the requirements as set forth in Section 36-58(d), Code of
Ordinances, City of Iowa City, Iowa, to permit parking on a separate lot as well as the
requirements of Section 36-58(i), Code of Ordinances, City of Iowa City, Iowa, to
reduce the off-street parking requirements for the proposed youth entertainment
center. The Board further 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 5-0, a special exception permitting a
commercial recreational use for property located in the CC -2 zone at 1550 First
Avenue, subject to submission of a site plan and building plan in conformance with
City codes and ordinances. The Board restricts the special exception to the duration
of the use of the property as a youth entertainment center, known as First Avenue
Club of Iowa City.
0. -1697 :'AGE 18
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Bormann, Denney, Rockwell, Krippner
OTHERS PRESENT: John Moreland, Bill Bywater, Sue Pearson, Kevin Hanick
FILED H0.
SPECIAL EXCEPTION ITEMS: BOOK--,7__�P$gAGE:3 FY0--
1. EXC93-0030. Public hearing on a request submitted by John Mory JPA2IS: 50
exceptions to establish a commercial recreational use, to reduce the off-street parking
requirements, and to provide parking on a separate lot for property located in the CC -2
zone at 1 550 First Avenue.
Findings of Fact. The Board finds that the proposed use, a youth entertainment center,
will provide a needed public service and will be compatible with surrounding
commercial uses. The ages of the patrons of the youth center, most of whom will not
be of driving age, coupled with hours of operation that are different from other
commercial establishments in the area, diminishes the need to provide the full amount
of required parking. The Board finds that sufficient monitoring of the parking situation
will assure usage of the Goodwill parking area by patrons and employees of the youth
entertainment center. Finally, the Board finds that the impacts of the special exception
approvals will be sufficiently limited by restricting the approvals to the specific,
requested youth entertainment center use.
Conclusions of Law. The Board concludes that the applicant has satisfied the specific
requirements, as set forth in Section 36-19(d)(4), Code of Ordinances, City of Iowa
ddition
City, Iowa, ror ajiuwing a cummerciai ;•:oredriunai usu iii dit; CC -2 zure. .n a ,
the applicant has satisfied the requirements as set forth in Section 36-58(d), Code of
Ordinances, City of Iowa City, Iowa, to permit parking on a separate lot as well as the
requirements of Section 36-58(i), Code of Ordinances, City of Iowa City, Iowa, to
reduce the off-street parking requirements for the proposed youth entertainment
center. The Board further 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 5-0, a special exception permitting a
commercial recreational use for property located in the CC -2 zone at 1550 First
Avenue, subject to submission of a site plan and building plan in conformance with
City codes and ordinances. The Board restricts the special exception to the duration
of the use of the property as a youth entertainment center, known as First Avenue
Club of Iowa City.
0. -1697 :'AGE 18
The Board approved, by a vote of 5-0, a special exception to reduce the required off-
street parking from 48 spaces to 32 spaces for a commercial recreational use for
property located in the CC -2 zone at 1550 First Avenue. The Board restricts the
special exception to the duration of the use of the property as a youth entertainment
center, known as First Avenue Club of Iowa City.
The Board approved, by a vote of 5-0, a special exception to permit parking on a
separate lot for property located in the CC -2 zone at 1550 First Avenue, subject to the
execution of a perpetual parking lease with Goodwill Industries of Southeast Iowa for
23 parking spaces. The Board restricts the special exception to the duration of the use
of the property as a youth entertainment center, known as First Avenue Club of Iowa
City.
2. EXC93-0031, Public hearing on a request submitted by Economy Advertising
Company for a special exception to permit a front yard modification for property
located in the 1-1 zone at 2800 Hwy 6 East.
Findings of Fact. The Board finds that the requested front yard modification is
extremely minimal. The industrial property will be upgraded without precluding future
development of a frontage road within the 50 foot wide road reservation.
Conclusions of Law. The Board concludes that the applicant has satisfied the specific
requirements for granting a yard modification as set forth in Section 36-69(b),
Requirements and Exceptions for Established Setbacks, Code of Ordinances, City of
Iowa City, Iowa. The Board also 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 5-0, a special exception to reduce the
front yard requirement by 12 square feet to permit construction of an 18,900 square
foot warehouse addition in conformance with the site plan submitted on December 10,
1993 (Attachment A), for property located in the 1-1 zone at 2800 Hwy 6 East.
EXC93-0032. Public hearing on a request submitted by Sue Pearson, on behalf of
property owner James C. Batterson, for a special exception to establish a dog
,...h..:, a S!:1h0C! np Enari31i7orl nrNate instrurtion, in a CI -1 zone for
property located at 123 Stevens Drive.
Findings of Fact. The Board finds that the dog training classes are to be conducted in
the evenings and on weekends and that the parking demand for the dog obedience
classes should occur at off-peak times. The additional two required parking spaces can
be provided on the site in compliance with the City's parking regulations. Finally, the
Board finds that the usage of a portion of a commercial property for dog training
classes should not detract from or interfere with other businesses located on the same
property or on surrounding properties, but is likely to create the positive effect of
heightening consumer awareness of this commercial area.
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, City of Iowa City, Iowa.
.1691 i'acf 19
3
Disposition. The Board approved, by a vote of 5-0, a special exception to permit the
establishment of a school of specialized private instruction, that is, a dog training
school, in a building located in the CI -1 zone at 123 Stevens Drive, subject to two
additional off-street parking spaces being provided on the property in compliance with
the City's off-street parking regulations.
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.
STATE OF IOWA )
JOHNSON COUNTY)
Ap r ved b C
City Attorney's Offic l _Zq_ 7,1
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 12th day of January,
1994, as the same appears of record in my Office.
Dated at Iowa City, this c2 % day of 1994.
Marian K. Karr, City Clerk
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CORPORATE SEAL
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FEE
DECISIONS F I L
IOWA CITY BOARD OF ADJUSTMENT
FEBRUARY 9, 1994 - 4:30 P.M. 94 MAR -3 PM 2: 00
CIVIC CENTER COUNCIL CHAMBERS II CITY77CLEIIRnK`
MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Catherin2ORAnY`�bhY'4WV&hman,
Rich Vogelzang
MEMBERS ABSENT: None (120335'
FILED N0.
STAFF PRESENT: Bormann, Rockwell, Krippner BOOK134-3-PAGE
OTHERS PRESENT: Robert Finley, Kevin Hanick, Richard Stratton 94 MAR -4 AM 8: 40
SPECIAL EXCEPTION I [ EM:
R_CGRDER
1. EXC93-0003. Public hearing on a request submitted by Robert Finley for 32 bxt2hs$ad0V1A
of a special exception approved on May 12, 1993, and extended to February 9, 1994,
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 terms of the lease negotiated between
Robert D. Finley and Mary Lou Finley, and Paul M. Kennedy and Mary F. Kennedy do
not assure the provision of required off-street parking for the 1910 S. Gilbert Street
property in perpetuity. In particular, section 3 of the lease provides that the lease will
remain in effect for less than four years. Section 4 provides that the Landlord can
terminate the lease upon 90 day written notice that the property has been sold or
included in a subdivision application submitted to the City. The provision agreeing to
enter into good faith negotiations for the sale of this or another parcel upon termination
of the lease does not guarantee that the applicant will obtain other land for his required
parking. The applicant had approximately nine months to negotiate an acceptable lease
and to come into compliance with other Zoning Ordinance requirements. The Board
finds that insufficient progress has been made by the applicant during the past nine
months to remedy the situation of noncompliance.
Conclusions of Law. l he Board concludes that the applicant has not 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.
Disposition. The Board denied, by a 1-4 vote (Lehman voting in the affirmative), a one
month extension of EXC93-0003, a special exception approved on May 12, 1993, and
extended to February 9, 1994, permitting parking on a separate lot for property located
in the CI -1 zone at 1910 S. Gilbert Street.
VARIANCE ITEM:
VAR93-0003. Public hearing on a request submitted by Kevin Hanick, on behalf of
property owner Wayne Glover, for variances to reduce off-street parking requirements,
:�.1713'AGI 251
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to exceed the floor area ratio requirements, and to exceed density requirements for
property located in the CB -2 zone at 209 N. Linn Street.
Findings of Fact. The Board finds the proposed development of the property will serve
the public interest. The combined commercial/residential project will upgrade the
property, will be in harmony with the major buildings in the area, and will enhance the
vitality of the near downtown commercial neighborhood. The dilapidated condition and
insect infestation of the aging, existing frame building and the small size of the lot
create a unique situation not caused by the applicant or a predecessor in title. The
applicant has provided a preliminary financial analysis which documents that the
property cannot yield a reasonable return without a variance. The applicant has further
demonstrated that uses permitted in the CB -2 zone cannot be established on the
property without the granting of more than one variance. The applicant has scaled
back the redevelopment and has demonstrated that he is requesting the minimum
possible variance to enable him to receive a reasonable economic return on the
property. Tire iww proposal nu longer requires a variance to exceed density
requirements.
Conclusions of Law. The Board concludes that the applicant has demonstrated the
existence of the following elements set forth in Section 36-91(8)(3), Code of
Ordinances, City of Iowa City, Iowa:
b. Unnecessary hardship.
(1) The property in question cannot yield a reasonable return if used
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(2) The owner's situation is unique or peculiar to the property in
question; it is not shared with other landowners in the area nor
due to general conditions in the neighborhood; and
(3) The hardship is not of the landowner's own making or of a
predecessor in title.
The Board concludes that the applicant has requested the minimum variance to exceed
the floor area ratio requirements of the CB -2 zone as set forth in Section 36-20(e)(5),
Code of Ordinances, City of Iowa City, Iowa, and the minimum variance to reduce the
off-street parking requirements as set forth in Section 36-58, Code of Ordinances, City
1713 'ACE 252
a.
Not contrary to the public interest.
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(1 I The proposed variance will not threaten neighborhood integrity,
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nor have a substantially adverse affect on the use or value of
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other properties in the area adjacent to the property included in
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the variance.
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(2) The proposed variance will be in harmony with the general
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purpose and intent of this Chapter, and will not contravene the
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objectives of the Comprehensive Plan.
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b. Unnecessary hardship.
(1) The property in question cannot yield a reasonable return if used
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(2) The owner's situation is unique or peculiar to the property in
question; it is not shared with other landowners in the area nor
due to general conditions in the neighborhood; and
(3) The hardship is not of the landowner's own making or of a
predecessor in title.
The Board concludes that the applicant has requested the minimum variance to exceed
the floor area ratio requirements of the CB -2 zone as set forth in Section 36-20(e)(5),
Code of Ordinances, City of Iowa City, Iowa, and the minimum variance to reduce the
off-street parking requirements as set forth in Section 36-58, Code of Ordinances, City
1713 'ACE 252
3
of Iowa City, Iowa. The Board finds that applicant has withdrawn his request for a
variance to exceed density requirements.
Disposition. The Board approved, by a vote of 5-0, VAR93-0003, a variance to reduce
the off-street parking requirements by 87.5% to 91 %, and a variance to exceed the
floor area ratio requirement by 60% for property located in the CB -2 zone at 209 N.
Linn 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 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.
Approved by
2¢ s
City Attorney'sOffic 3-1- '?y
STATE OF IOWA 1
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 9th day of February,
1994, as the same appears of record in my Office.
Dated at Iowa City, this day of 1994.
a� /evtJ
Maria K. Karr, City Clerk
boa2-9.dec
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DECISIONS
—tee
IOWA CITY BOARD OF ADJUSTMENT
3
MARCH 9, 1994 - 4:30 P.M.
o�
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Patricia Eckhardt, William Haigh, Tim Lehman, Rich Vogelzana 5C
11 (ll
NO.
MEMBER ABSENT: Catherine Johnson
DED
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1300414-1p
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STAFF PRESENT: Bormann, Denney, Rockwell, Krippner
94 MAR 24 AM 8:20
OTHERS PRESENT: John Hummemart, Jr., Eiiot Jones, Larry Calkins, trT Calki
4 ����
John Cruise, Mike Hodge, Charles Ruppert
RECORDER
JOINSOP! CO., IOWA
SPECIAL EXCEPTION ITEMS:
1. EXC93-0019. Public hearing on a request submitted by John R. Rummelhart, Jr. for
an extension of a special exception approved on September 8, 1993, permitting off-
street parking for property located in the CB -10 zone at 315 E. College Street.
Findings of Fact. The Board finds that the facts of the case have not changed
substantially since it granted the special exception. The Board further finds that the
complexity of the development project warrants the requested extension.
Conclusions of Law. The Board concludes that the applicant has shown good cause
for extending the expiration date of the special exception approved on September 8,
1993, as required by Section 36-91(e), Code of Ordinances, City of Iowa City, Iowa.
Disposition. The Board approved, by a 4-0 vote, the extension of the expiration date
to September 8, 1994, for EXC93-0019, a special exception approved by the Board
of Adjustment on September 8, 1993, to permit no more than 69 underground, off-
street parking spaces in the CB -10 zone for property located at 315 E. College Street.
n rvrnA nnnn n..til he I. ^t"• ,:bmrtted by Jim McFall for a cpeci3!
.-.,..sem. � .Ic ....�„�3 ,� _„ cp;:,,.... ,..,..,
exception to permit a warehouse expansion of an auto andtruckoriented use for
property located in the CC -2 zone at 951 Miller Avenue.
Findings of Fact. The Board finds that the proposed warehouse will be a non -intrusive
addition to the property and will be minimally visible from the street frontage. The
indoor storage of vehicles and parts in the proposed warehouse and the provision of
screening along the north boundary of the property will ameliorate the impact of the
auto restoration business on existing as well as future residential development to the
north.
Conclusions of Law. The Board concludes the applicant has satisfied the requirements
for permitting an expansion of an auto and truck oriented use in the CC -2 zone, as set
forth in Section 36-18(d)(1), Code of Ordinances, City of Iowa City, Iowa. The Board
also 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, City of Iowa City,
Iowa.
, - .1'722 ME 030
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2
Disposition. The Board approved, by a vote of 4-0, EXC94-0003, a special exception
to permit the expansion of an auto and truck oriented use in the CC -2 zone, that is, the
construction of a 28.5' x 40' storage building on the northwest portion of the 951
Miller Avenue property, subject to the property owner providing required parking
spaces in compliance with the City's off-street parking regulations, and the owner
constructing a six-foot high wood fence along the entire north boundary of the
property, except within the required 20 -foot front yard setback area.
TIME LIMI?ATIONS:
All orders and decisions of the Board, which do not otherwise set a time limitation on
Applicant action, shall expire six (F) months from the date they were filed with the City Clerk,
unless the Appiicant bnaii have taken action wiehiu such iiine period to estabiish the use or
construct the improvement authorized under the terms of the Board's order or decision.
Section 3 91(e)(5), Code of Ordinances of the City of Iowa City, Iowa.
vkll_�
Chairperson
Approved by
City Attorney's Off ic 3 -aa -9Y
STATE OF IOWA 1
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 di-!stmgnt of Invp.�a r.ity. Iowa, at its regular meetina on the 9th day of March,
1994, as the. same appears of record in my Office.
Dated at Iowa City, this �? �_ day of1994.
OR:1 Marian K. Karr, City Clerk ,9
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boa3-9.dec AZWE C"3
1722 ACE 031 v
FEE �.
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT t
APRIL 13,1994 - 4:30 P.M. F€.,,
CIVIC CENTER COUNCIL CHAMBERS
94 MAY -9 Pt9 3: 58
MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Tim Lehman, Rich Vogelzang
CiTY CLERK
RK
MEMBERS ABSENT: Catherine Johnson 10V/A CITY, i Iow,,%
STAFF PRESENT: Bormann, Denney, Rockwell, Schweitzer
OTHERS PRESENT: E.K. Jones, Lawrence Calkins, Lucille Calkins, Bill Frantz, Mic�i�l� 811
11
Brenneman, Kevin Hanick, Richard Stratton FILED 1411--, �}
B00Kf7LHr _.
SPECIAL EXCEPTION ITEMS:
94 MAY I I AM 9: 19
nn Public ,_.- Com_.:-._ L..+: J Clark for I E1.9'4-yyV 1. � Ui)u�, hearing vii an appu�.,:uv,t uiiJ„utt8� by Elcct �.,ur,C .J04,eS ,a��
special exception to permit a yard modification on property located inffje RS -5 z�i'e`1�=-�
at 932 DeForest Avenue.
Findings of Fact. The Board finds that the applicant's lot is similar in size and shape
to other lots in the neighborhood. The size of the proposed garage will negatively
impact the neighborhood as it will be out of proportion with the rest of the
neighborhood where small houses and small lots predominate. In addition, the
applicant has a feasible alternative, which is to build a somewhat smaller, two -car
garage which complies with the requirements of the RS -5 zone.
Conclusions of Law. The Board concludes that the applicant has not satisfied the
conditions for granting a modification of the rear yard requirement as set forth in
Section 36-69(b), Code of Ordinances for the City of Iowa City, Iowa. The Board also
concludes that the applicant has not 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.
Disposition: The Board denied, by a 0-4 vote, EXC94-0001 , a special exception to
permit a yard modification for property located in the RS -5 zone at 932 DeForest
Avenue.
2. EXC94-0002. Public Bearing on an application submitted by Kennedy Plaza, Inc. for
a special exception to permit parking on a separate lot for property located in the CC -2
zone at 702 S. Gilbert Street.
Findings of Fact. The Board finds that the proposed parking is located within 300 feet
of the principal use and that only ten percent of Kennedy Plaza's required parking will
be provided on the separate lot. The applicant submitted an acceptable lease which
assures the retention of parking as long as Kennedy Plaza needs the parking to comply
with the parking requirements. Finally, the design of the parking lot, with only one
entrance on Maiden Lane, will minimize any impact of the lot on traffic in the area.
Conclusions of Law. The Board concludes the applicant has satisfied the requirements
for allowing parking on a separate lot, as set forth in Section 36-58(d), Code of
Ordinances, City of Iowa City, Iowa. The Board also concludes that the applicant has
v -1'746 68
4
met the general standards for granting a special exception as set forth in Section 36-
91 (g)(2), Code of Ordinances, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 4-0, EXC94-0002, a special exception
to permit parking on a separate lot for property located in the CC -2 zone in the
southeast quadrant of the intersection of Gilbert and Lafayette Streets.
CD
r'EXC94-0005. Public hearing on a request submitted by Frantz Construction Co., Inc.
6 t rip,
±fie the required front yard setback for property located in the CI -1 zone at 325
hind Street.
�i Findings of Fact. The Board finds that the applicant constructed the warehouse on an
?` _1exW(irtg foundation of a building destroyed by fire. The City erroneously issued a
buir'cfigg permit which allowed the applicant to construct the new warehouse without
G-1 com'01ying with the 20 foot setback requirement. Due to the fact that a building stood
in that exact position for several years and because the building is located in an
existing commercial area, the reduction in the required setback will not negatively
impact the neighborhood. In addition, the Board finds that a sidewalk is needed along
Highland Street adjacent to the this property.
Conclusions of Law. The Board concludes that the applicant has satisfied the
requirements for granting a yard modification as set forth in Section 36-69(b), Code
of Ordinances, City of Iowa City, Iowa. The Board also 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a 4-0 vote, EXC94-0005, a request to modify the
front yard requirement along Highland Street for property located in the CI -1 Zone from
20 feet to 6.4 feet for the 45 -foot width of the westerly building at 325 Third Street,
subject to the applicant installing a sidewalk along Highland Street adjacent to the
building.
VARIANCE ITEM:
VAR93-0003. Public hearing on a request submitted by Kevin Hanick, on behalf of
property owner Wayne Glover, for a variance to waive off-street parking requirements
for property located in the CB -2 zone at 209 N. Linn Street.
Findings of Fact. The Board finds the proposed development of the property will serve
the public interest. The commercial project will upgrade the property and the
streetscape, will be in harmony with key commercial structures in the area, and will
enhance the vitality of the near downtown commercial neighborhood. The dilapidated
condition and insect infestation of the aging, existing frame building and the small size
of the lot create a unique situation not caused by the applicant of a predecessor in
title. The applicant has provided a preliminary financial analysis which documents that
the property cannot yield a reasonable return without a variance waiving parking
requirements for the site. The two parking spaces provided in the plan approved by
the Board on February 9, 1994, were intended to serve the two apartments, not the
commercial usage. Although the proposed use provides no on-site parking, it no longer
contains any residential units which will reduce the impact of the parking. The
applicant has scaled back the redevelopment project and has demonstrated he is
1746 ac( 69
3
requesting the minimum possible variance to enable him to receive a reasonable
economic return on the property.
Conclusions of Law. The Board concludes that the applicant has demonstrated the
existence of the following elements for granting a variance as set forth in Section 36-
91 (g)(3), Code of Ordinances, City of Iowa City, Iowa:
a. Not contrary to the public interest.
(1) The proposed variance will not threaten neighborhood integrity,
nor have a substantially adverse effect on the use or value of
other properties in the area adjacent to the property included in
the variance.
(2) The proposed variance will be in harmony with the general
purpose and intent of this Chapter, and will not contravene the
(3) The hardship is not of the landowner's own making or of a
predecessor in title.
The Board concludes that the applicant has requested the minimum variance needed in
waiving the off-street parking requirements as set forth in Section 36-58, Code of Ordinances,
City of Iowa City, Iowa. By scaling back the redevelopment project, the applicant has
eliminated the need for variance to exceed the density requirements, or a variance to exceed
the floor area ratio requirements in the CB -2 zone.
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.
SvAiorf 36-9j (e)(5), Code of Ordinances of the City of Iowa City, Iowa.
2
n
1746 'Acr 70
°p
objectives of the Comprehensive Plan.
65
-c �-'
r
:CLU
Unnecessary hardship.
J>Z
m
U —
(1) The property in question cannot yield a reasonable return if used
Y onl fora purpose allowed in such zone; and
(2) The owner's situation is unique or peculiar to the property in
a'
question; it is not shared with other landowners in the area nor
due to general conditions in the neighborhood; and
(3) The hardship is not of the landowner's own making or of a
predecessor in title.
The Board concludes that the applicant has requested the minimum variance needed in
waiving the off-street parking requirements as set forth in Section 36-58, Code of Ordinances,
City of Iowa City, Iowa. By scaling back the redevelopment project, the applicant has
eliminated the need for variance to exceed the density requirements, or a variance to exceed
the floor area ratio requirements in the CB -2 zone.
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.
SvAiorf 36-9j (e)(5), Code of Ordinances of the City of Iowa City, Iowa.
2
n
1746 'Acr 70
rd
STATE OF IOWA 1
1
JOHNSON COUNTY j
Approved by
City Attorney's Offic S 6 — y
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 13th day of April,
1994, as the same appears of record in my Office.
Dated at Iowa City, this 9 day of %%, 1994.
CORPORATE SEAL
b..4-13.dec
Maria . Karr, City Clerk
1746 71
_
to
t
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w
00
FEE
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
MAY 11, 1994 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
Patricia Eckhardt, Bill Haigh,
Rich Vogelzang
None
026541
FILED 110.
BOOK POE �
94 JUN -6 AM 8:30
REORDER
Tim Lehman, Cath Wj;1poAftA
Bormann, Denney, Rockwell, Schweitzer 55—
co
OTHERS PRESEN1: 'Paul ouvveis, Jua�pli Fiullaod, Weldon Decker, Michael
Brenneman, Frank Fleming, Michael Lensing
1. EXC94-0008. Public hearing on an application submitted by Michael and Vicki Lensing
for a special exception to permit expansion of a funeral home for property located in
the CO -1 zone at 605 and 617 Kirkwood Avenue.
Findings of Fact. The Board finds that the funeral home is located on Kirkwood
Avenue, which is an arterial street. Elimination of an existing curb cut on Kirkwood
Avenue should help improve traffic flow in that area. In addition, development of the
property as indicated on the site plan, with enhanced screening along the eastern
boundary, will provide for more open space between the funeral home and the
residential uses to the east.
Conclusions of Law. The Board concludes the applicant has satisfied the requirements
for expansion of a funeral home in the CO -1 zone as set forth in Section 36-55(i)1,2,
Code of Ordinances, City of Iowa City, Iowa. The Board also 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a 5-0 vote, EXC94-0008, a request to expand
a funeral home in the CO -1 zone for property located in the CO -1 at 605 and 617
Kirkwood Avenue, subject to 1) development of the property in general conformance
with the attached site plan, 2) reconfiguration of the eastern parking area to allow
enhanced screening, and 3) approval of a landscape plan by the City Forester.
TIME LIMITATIONS:
All orders of the Board, which do not 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 of decision. Section 36-91(e)(5), code of
Ordinances of the City of Iowa City, Iowa.
f 59 3GE 2:5
Board of Adjustment Decisions
May 11, 1994
Page 2
Rich Voge
Approved by
Q -F0
City Attorney's Office 5-31
STATE OF IOWA 1
i
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 11 th day of May, 1994,
as the same appears of record in my Office.
Dated at Iowa City, this 51?t�` day of 1994.
fta5-11.dec
mate,,� 7V zat/
Marian K. Karr, City Clerk
,�OTApgt SEAL
2-
Jul
F 15 LFi P,
94 JUN -2 PM 2: 48
CITY CLERK
IOWA CITY. IOWA
1
(ops Xvs 43114 5
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Jul
F 15 LFi P,
94 JUN -2 PM 2: 48
CITY CLERK
IOWA CITY. IOWA
1
(ops Xvs 43114 5
G 1-7 )<irutuccs- A,4re- oo.F��
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-14
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
JUNE 8, 1994 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
Patricia Eckhardt, Bill Haigh,
Rich Vogelzang
None.
FILED l' 0 02 7409
800,'VU
gkJUM 1?1 AH 11: 25
C) ,
{
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-A'
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Tim Lehman, Cathe4*—JcRsona
'I v
Bormann, Burnside, Rockwell, Schweitzer
OTHERS PRESENT: Michael Brenneman, Rev. Diane Zaerr, John Shaw, Patty Miller,
Martin Jones, Frank Fleming, Lorna Cress, Pierce King, Marilyn
Skaugstad, Duane Means, Stan Good, Tim Grady
1. EXC94-0007. Public hearing on an application submitted by the First Mennonite
Church for special exceptions to permit the expansion of a religious institution in the
RS -8 zone and to modify a yard requirement for property located at 405 Myrtle
Avenue.
Findings of Fact. The Board finds the topography of the property as well as the
elevation and orientation of the proposed addition lessen the impact on the adjacent
property to the east. The 89 foot setback of the addition from the Myrtle Avenue
right-of-way also minimizes the impact on the residential property to the east, and has
a negligible effect on the overall sense of light and air to the neighborhood. The Board
finds that traffic should not be increased over what now exists as a result of approving
the requested exception. In terms of achieving architectural integrity, maintaining open
space on the site and mitigating problems associated with drainage and wet soils on
the south portion of the site, attaching the addition to the existing church structure,
as proposed, is preferable to building a separate building.
Conclusions of Law. The Board concludes that subject to the conditions of approval,
the applicant has satisfied the requirements for expansion of a religious institution in
the RS -8 zone as set forth in Section 36-8(d)(3), Code of Ordinances, City of Iowa
City, Iowa, and has satisfied the requirements for granting a reduction in a setback
requirement as set forth in Section 36-69(b), Code of Ordinances, City of Iowa, Iowa.
The Board also 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, City of
Iowa City, Iowa.
Disposition. The Board approved, by a vote of 5-0, EXC94-0007, a special exception
to permit the expansion of a religious institution, that is, the construction of a two-
story classroom and office addition on the east side of the existing First Mennonite
Church, and a special exception to permit a 25 foot reduction in the setback
requirement along the east property line for the length of the proposed classroom
addition for property located in the RS -8 zone at 405 Myrtle Avenue, subject to 1)
Council approval of a Zoning Ordinance amendment to permit religious institutions in
17Sfi 'Arf 245
Board of Adjustment Decisions
June 8, 1994
Page 2
the RS -8 zone to access collector streets, and 2)
parking regulations.
Vogelzang left the meeting prior to consideration of the next item, E)M94-0Ma 0.
EXC94-0010. Public hearing on an application submitted by the Hamburg Inn No. 2,
Inc./David Panther for a special exception to reduce the off-street parking requirements
for property located in the CB -2 zone at 214 N. Linn Street.
Findings of Fact. The Board finds the applicant has documented that a majority of the
Hamburg Inn's customers walk to the restaurant. Although not required to do so, the
restaurant has provided parking for its customers for over 25 years, and has
demonstrated a commitment to continue this practice. The applicant has shown that
even when the restaurant's seating capacity is filled, and people are waiting in line to
be seated, not all of the Hamburg Inn parking places are being used.
Conclusions of Law. The Board concludes that the requested 18% reduction in the
parking requirement is reasonable given the preponderance of walk-in clientele; that
the applicant has demonstrated that the specific use has such characteristics that the
number of parking spaces required is too stringent as provided in Section 36-58(i),
Code of Ordinances, City of Iowa City, Iowa. The Board also 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 3-1 (Haigh voting no), EXC94-0010,
a request to reduce the parking requirements by four spaces for property located in the
CB -2 zone at 214 N. Linn Street.
TIME LIMITATIONS:
All orders of the Board, which do not 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 of decision. Section 36-91 (e)(5), Code of
Ordjpgnces lM the City of Iowa City, Iowa.
App oved by
y Attorney ice
6l--5/-t�
1766 -)AGE 246
s
o
compliance with the at --street
Wit=
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,•e
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Vogelzang left the meeting prior to consideration of the next item, E)M94-0Ma 0.
EXC94-0010. Public hearing on an application submitted by the Hamburg Inn No. 2,
Inc./David Panther for a special exception to reduce the off-street parking requirements
for property located in the CB -2 zone at 214 N. Linn Street.
Findings of Fact. The Board finds the applicant has documented that a majority of the
Hamburg Inn's customers walk to the restaurant. Although not required to do so, the
restaurant has provided parking for its customers for over 25 years, and has
demonstrated a commitment to continue this practice. The applicant has shown that
even when the restaurant's seating capacity is filled, and people are waiting in line to
be seated, not all of the Hamburg Inn parking places are being used.
Conclusions of Law. The Board concludes that the requested 18% reduction in the
parking requirement is reasonable given the preponderance of walk-in clientele; that
the applicant has demonstrated that the specific use has such characteristics that the
number of parking spaces required is too stringent as provided in Section 36-58(i),
Code of Ordinances, City of Iowa City, Iowa. The Board also 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, City of Iowa City, Iowa.
Disposition. The Board approved, by a vote of 3-1 (Haigh voting no), EXC94-0010,
a request to reduce the parking requirements by four spaces for property located in the
CB -2 zone at 214 N. Linn Street.
TIME LIMITATIONS:
All orders of the Board, which do not 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 of decision. Section 36-91 (e)(5), Code of
Ordjpgnces lM the City of Iowa City, Iowa.
App oved by
y Attorney ice
6l--5/-t�
1766 -)AGE 246
Board of Adjustment Decisions
June 8, 1994
Page 3
STATE OF IOWA I
I
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 8th day of June, 1994,
as the same appears of record in my Office.
Dated at Iowa City, this /lam day of i,,w 1994.
mims boa6-8.dec
Marian K. Karr, City Clerk
CORPORATE SEAL
t
-n
1%66;AGE 247
f � � °u FEE 001901
FILED h0.
DECISIONS 800Kt7S1_G^ 'I
IOWA CITY BOARD OF ADJUSTMENT 94 JUL 28 AN 8: 23
JULY 13, 1994 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Patricia Eckhardt, William Haigh, Catherine' Johnson, Tim'
Lehman, Rich Vogelzang
MEMBERS ABSENT: None.
STAFF PRESENT: Burnside, Denney, Rockwell, Schweitzer
OTHERS PRESENT: Philip Leff, John Lalla, Dick Dolezal, Bob Powers, Marion Neely,
Ellen McCabe, Wayne Heffner, Susan Frye
SPECIAL EXCEPTION ITEMS:
EXC94-001 1. Public hearing on an application submitted by Robert and Joan Powers
for special exceptions to reduce the required off-street parking and to modify the front
yard requirement for property located in the PRM zone at 902 Newton Road.
Findings of Fact. The Board finds the property has been developed at a density such
that sufficient, legally conforming off-street parking spaces cannot be provided on site.
The requirement for eight off-street parking spaces for the existing apartments is not
overly restrictive, but represents the minimum parking needed for seven dwelling units
with a total of ten bedrooms. To reduce parking requirements as requested would
contribute to the increased parking congestion problems experienced in this area of the
community.
In terms of the front yard reduction request, the Board finds the 1983 decision by the
Board of Adjustment to be valid. That decision did not allow the location of parking
spaces in the required front yard along Lincoln Avenue. The Board concurs with the
1983 decision statement that "it would not be appropriate to allow parking alongside
the new structure in the Lincoln Avenue yard, because it would be too close to the
street and could cause traffic and safety problems." The Board also finds there is no
peculiarity of the property that warrants a modification of the front yard requirement.
In summary, the Board finds that varying the requirements as requested would not
support the public welfare if required parking is not provided or the streetscape
becomes congested with vehicles.
Conclusions of Law. The Board concludes that the applicants have not satisfied the
specific standards for reducing the off-street parking requirement, as set forth in
Section 36-58(i), Code of Ordinances, City of Iowa City, Iowa. Specifically, the
applicants have not demonstrated that the specific use has such characteristics that
the number of parking spaces required is too restrictive. The Board concludes that the
applicants have not satisfied the specific standards for modifying the front yard
requirement, as set forth in Section 36-69(b), Code of Ordinances, City of Iowa City,
Iowa. The applicants have not demonstrated that the situation precipitating the
request is peculiar to the property in question. The Board concludes that the
applicants have not met the general standards for granting a special exception as set
forth in Section 36-91(g)(2), Code of Ordinances, City of Iowa City, Iowa
1788 ?AGE 6
Decision
Iowa City Board of Adjustment
July 13, 1994
Page 2
Disposition. The Board denied, by a 2-2-1 vote, with Eckhardt and Johnson voting no,
and Lehman abstaining from voting, the requested special exceptions to reduce the
required off-street parking from eight spaces to six spaces, and to reduce the front
yard requirement for 18 feet along Lincoln Avenue to permit two parking spaces to be
located off the alley and adjacent to the Lincoln Avenue right-of-way for property
located in the PRM zone at 902 Newton Road.
2. EXC94-0017. Public hearing on an application submitted by the Living Word Christian
Fellowship for a special exception to permit expansion of a religious institution located
in the CB -2 zone at 318 Bloomington Street.
Findings of Fact. The Board finds that on -street parking is already severely limited in
the vicinity of the property and that the applicant has not demonstrated agreements
with neighboring property owners to provide off-street parking which will adequately
provide for the parking needs of the church. The Board further finds that the applicant
is proposing to remove existing on-site parking to construct the addition, exacerbating
the existing parking problems in the neighborhood.
Conclusions of Law. The Board concludes that the applicant has not satisfied the
specific standards for expansion of a religious institution in the CB -2, Central Business
Service, zone, as set forth in Section 36-20(d)(5), Code of Ordinances, City of Iowa
City, Iowa. The Board also concludes that the applicant has not met the general
standards for granting a special exception as set forth in Section 36-91 (g)(2), Code of
Ordinances, City of Iowa City, Iowa.
Disposition. The Board denied, by a vote of 0-5, the requested special exception to
allow expansion of a religious institution for property located in the CB -2 Zone at 318
E. Bloomington Street.
TIME LIMITATIONS:
All orders of the Board, which do not 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 unde the terms of the Board's order of decision. Section 36-91(e)(5), code of
Ordingpces of Me City of Iowa City, Iowa.
Ap oved by
&Z
ity Attorne s Office
1788 PAGE 7 1/_2_111 fq
Decision
Iowa City Board of Adjustment
July 13, 1994
Page 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 13th day of July, 1994,
as the same appears of record in my Office.
Dated at Iowa City, this c2/ day of 1994.
ppdadmin\mins\BOA7-13.dec
Marin K. Karr, City Clerk
CORPORATE SEAL
V 1788 PAGE 8
Vt
FEE
DECISIONS T. I
IOWA
CIBTY ERBOAR14, D OF - 4D30 P M.ENT 94 SEP 26 PM 2* 15
SEPTCIVIC CENTER COUNCIL CHAMBERS C1 i Y CLERK
C4TY, IOWA
MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Ca�herine Johnson, Tim
Lehman, Rich Vogelzang 1)O5`i�J
MEMBERS ABSENT: None. I$' 1
STAFF PRESENT: Burnside, Denney, Rockwell, Schweitzer 94 SEP 28 AM 8: 18
OTHERS PRESENT: John R. Rummelhart, Jr., Dean Oakes, Peg Schroeder,
Ellen McCabe, Mary Fiegenspan, Larry Woods, Dwayne
Heffner, Susan Frye, Gerry Ambrose, Terry Ira, John
Maxwell, Victor Mashburn, Bill Terry, Kevin Hanick,
Richard Stratton
SPECIAL EXCEPTION ITEMS:
EXC93-0019. Public hearing on a request by John R. Rummelhart, Jr. for an extension
of a special exception approved on September 8, 1993, permitting off-street parking
for property located in the CB -2 zone at 315 E. College Street.
Findings of Fact. The Board finds that soil contamination on the site has created
unavoidable delays in proceeding with the Carnegie Plaza redevelopment project. The
Board finds that local circumstances and code requirements have not changed in any
appreciable way to alter the Board's findings of fact and conclusions of law in granting
its approval of the underground parking on September 8, 1993.
Conclusions of Law. The Board concludes, in accordance with City Code Section 14-
4B -5E, that the applicant has shown good cause for the requested extension.
Disposition. By a vote of 5-0, the Board approved the extension of the expiration date
to March 8, 1995, for EXC93-0019, a special exception approved by the Board of
Adjustment on September 8, 1993, to permit no more than 69 underground, off-street
parking spaces in the CB -10 zone for property located at 315 E. College Street.
2. EXC94-0012. Public hearing on a request submitted by Dean Oakes for a special
exception to permit dwelling units above the ground floor of a commercial use in the
CI -1 zone at 315 First Street.
Findings of Fact. The Board finds that dwelling units in this location are appropriate if
measures are taken to enhance the site to create a more favorable residential
environment.
Conclusions of Law. The Board concludes that the applicant has satisfied the specific
zoning requirements for dwelling units above the ground floor of another principal use
in the CI -1 zone as set forth in City Code Section 14 -6E -4D3. The Board also
, : - 1 81% PAGE 45
A
Board of Adjustment Decisions
September 14, 1994
Page 2
concludes that the applicant has satisfied the general standards for granting a special
exception, as set forth in City Code Section 14 -4B -4B.
Disposition. By a vote of 3-2, with Eckhardt and Johnson voting no, the Board
approved EXC94-0012, a special exception to permit two dwelling units above the
ground floor of an addition to the existing building on the property located in the CI -1
zone at 315 First Street, subject to 1) the applicant's submission and City staff
approval of a landscaping/screening plan, including a minimum of 11 trees; 2) provision
of sidewalk connections from the parking area on the south side of the existing
building to the north side of the building, and 3) paving the parking spaces on the
south side of the building with a permanent dust free surface.
3. EXC94-0017. Public hearing on a reconsideration of the July 13, 1994, Board of
Adjustment decision on an application submitted by the Living Word Christian
Fellowship for a special exception to permit expansion of a religious institution located
in the CB -2 zone at 318 Bloomington Street.
Findings of Fact. The Board finds, contrary to information presented by the applicant,
that adequate on -street parking is not available to meet the parking needs of the
church.
Conclusions of Law. The Board concludes that the applicant has not satisfied the
specific standards for expansion of a religious institution in the CB -2, Central Business
Service, zone as set forth in City Code Section 14 -6E -6G. The Board further concludes
that the applicant has not satisfied the general standards for the granting of a special
exception, as set forth in City Code Section 14 -4B -4B.
Disposition. By a vote of 2-3 on an affirmative motion, with Eckhardt, Johnson and
Lehman voting no, the Board denied EXC94-0017, a special exception to permit
expansion of a religious institution located in the CB -2 zone at 318 Bloomington Street.
4. EXC94-0019. Public hearing on a request submitted by Gerry Ambrose for a special
exception to permit dwelling units above a commercial use for property located in the
CI -1 zone at 230 and 230 1/2 E. Benton Street.
Findings of Fact. The Board finds that the applicant is providing an environment that
is conducive to residential development. Parking spaces in excess of Ordinance
requirements are being provided, and the building design and landscaping will
complement the quality of other commercial/residential developments recently
constructed in the South Gilbert Street corridor.
Conclusions of Law. The Board concludes that the applicant has met the specific
zoning requirements for a dwelling unit above the ground floor of another principal use
in the CI -1 zone, as set forth in City Code Section 14 -6E -4D3. The Board further
concludes that the applicant has satisfied the general standards for the granting of a
special exception, as set forth in the City Code Section 14 -4B -4B.
-1817 ?act 46
n
Board of Adjustment Decisions
September 14, 1994
Page 3
Disposition. By a vote of 5-0, the Board approved EXC94-0019, a special exception
to allow a dwelling unit above the ground floor of another principal use for property
located in the CI -1 zone at 230 and 230 1/2 E. Benton Street, subject to development
of the site in accordance with the approved site plan.
5. EXC94-0020. Public hearing on a request submitted by Terry Ira for a special
exception to permit a front yard modification along Johnson Street for property located
in the RNC -12 zone at 523 Church Street.
Findings of Fact. The Board finds that the applicant's property is unique in being a
double frontage lot within the Original Town of Iowa City. The Board finds further that
the applicants request will have a positive impact on the neighborhood, and that the
applicant does not have a feasible alternative.
Conclusions of Law. The Board concludes that the applicant has met the specific
zoning requirements for the granting a special exception to modify yard requirements,
as set forth in City Code Section 14 -6Q -4B. The Board further concludes that the
applicant has satisfied the general standards for the granting of a special exception,
as set forth in City Code Section 14-413-413.
Disposition. By a vote of 5-0, the Board approved EXC94-0020, a special exception
to reduce the required front yard on Johnson Street from 20 feet to 10 feet for
property located in the RNC -1 2 zone at 523 Church Street to allow construction of a
garage no larger than 24 feet by 24 feet, subject to placement of the garage as far
north as practicable without damaging the existing trees on the property.
6. EXC94-0021. Public hearing on a request submitted by Trinity Episcopal Church for
a special exception to permit expansion of a religious institution for property located,
in the CB -10 zone at 320 E. College Street.
Findings of Fact. The Board finds that the addition proposed by Trinity Episcopal
Church has been designed with careful attention to the church's architectural heritage.
The addition will provide handicapped accessibility to the facility, and is consistent
with and will not preclude redevelopment of nearby properties in the area.
Conclusions of Law. The Board concludes that the applicant has satisfied the general
standards for granting a special exception, as set forth in City Code Section 14-413-46.
The Board also concludes that the applicant has met the specific zoning requirements
for a religious institution in the CB -10 zone, as set forth in City Code Section 14-6E-8.
Disposition. By a vote of 5-0, the Board approved EXC94-0021, a request for a
special exception to expand a religious institution, that is, the construction of an
addition to the south portion of the west education wing and a connecting breezeway
for the Trinity Episcopal Church located at 320 E. College Street, subject to approval
of the elevations of the proposed renovation by the Iowa City Historic Preservation
Commission.
_ 181j PAGE 47
Board of Adjustment Decisions
September 14, 1994
Page 4
VARIANCE ITEM:
VAR93-0003. Public hearing on a request submitted by the Guitar Foundation to
amend the variance approved by the Board of Adjustment on April 13, 1994, waiving
all parking requirements on property located in the CB -2 zone at 209 N. Linn Street.
The applicant requests that one dwelling unit be permitted on the second floor.
Findings of Fact. The Board finds that the requested amendment for the proposed
commercial/residential use reduces the parking requirement from the amount required
for the previously approved variances, that is, less of a parking variance is being
requested. The Board finds that the condition of owner -occupancy combined with the
limitation on the size of and number of bedrooms in the proposed dwelling unit will
assure an appropriate scale of use for the residential unit. The Board also finds that
the Comprehensive Plan supports a mix of residential and commercial uses in this area
of the community. The architectural rendering of the front facade of the building will
be compatible with the commercial streetscape.
Conclusions of Law. The Board concludes that the requested variance amendment is
consistent with the variance approved on April 13, 1994, and, in fact, reduces the
amount of off-street parking waived. The variance, as amended, meets the
requirements for granting a variance, as set forth in City Code Section 14 -4B -4C.
Disposition. By a vote of 5-0, the Board approved the amendment of VAR93-0003,
a variance to waive off-street parking requirements for a new structure with two lot -
line to lot -line commercial levels to allow one one -bedroom dwelling unit not to exceed
900 square feet in floor area above the ground floor commercial use for property
located in the CB -2 zone at 209 N. Linn Street, subject to the stipulation that the
residential unit will be owner -occupied or occupied by the owner or manager of a
business within the same structure, or the residential unit will revert back to
commercial use.
TIME LIMITATIONS:
All orders of the Board, which do not 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 of decision. City Code Section 14 -4B -5E.
Chairperson
Appr ed by
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1817 PAGE 48
.1
Board of Adjustment Decisions
September 14, 1994
Page 5
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 14th day of September,
1994, as the same appears of record in my Office.
Dated at Iowa City, this lz(p day of 1994.
\boa9-14.d OR ORATE
SEAL Marian—K. Karr, City Clerk
1817 PAGE 49
I
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
OCTOBER 12, 1994 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
FEE
MEMBERS PRESENT: Patricia Eckhardt, William Haigh, Catherine
Lehman, Rich Vogelzang
MEMBERS ABSENT: None
STAFF PRESENT: Burnside, Denney, Rockwell, Schweitzer
OTHERS PRESENT: Philip Leff, Margaret Lainsen, Joseph Sullivan,
Culver
SPECIAL EXCEPTION ITEMS:
fir— o oJa
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FILED N0. UO � 98
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94 NOV_ 1 AH 8:40
TeFrY Ira, Kerr,.
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EXC94-0011. Public hearing on a reconsideration of the July 13, 1994, Board of
Adjustment decision on an application submitted by Robert and Joan Powers for
special exceptions to reduce the required off-street parking and to modify the front
yard requirement for property located in the PRM zone at 902 Newton Road.
Findings of Fact: The Board finds that the requested exceptions will not change an
existing parking situation, which appears to be working satisfactorily for the specific
residential situation at 902 Newton Road. The residential tenants living in the
efficiency apartments on the subject property are within easy walking distance of the
University of Iowa medical complex. This circumstance means the existing six parking
spaces sufficiently meet the parking demand for the current use of the property. The
Board finds that the two parking spaces located within the required front yard setback
area along Lincoln Avenue do not present safety problems and do not increase an
appearance of vehicular congestion in the Lincoln Avenue streetscape. Finally, the
Board finds that the denial of the requested exceptions would cause an undue financial
hardship for the applicants while not achieving a desirable resolution of vehicular
congestion in this area of the community.
Conclusions of Law: The Board concludes that as required in City Code Section 14-
6N-1 H, Modification of Parking Requirements, the applicants have demonstrated that
the specific use at 902 Newton Road has such characteristics that the number of
parking spaces required is too restrictive. The Board concludes that the applicants
have met the specific requirements for granting a yard modification as set forth in City
Code Section 14 -6Q -4B; the applicants have demonstrated that the situation is peculiar
to the property in question and there is practical difficulty in complying with the
dimensional requirements of the Zoning Chapter. The Board concludes that the
applicants have satisfied the general standards for granting a special exception, as set
forth in City Code Section 14 -4B -4B.
Disposition: By a 3-2 vote, Eckhardt and Johnson voting no, the Board approved
EXC94-0011, the requested special exceptions 1) to reduce the required off-street
parking by 25% (from eight spaces to six spaces), and 2) to reduce the front yard
1831 ?AG1
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94 NOV_ 1 AH 8:40
TeFrY Ira, Kerr,.
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J0M:: r`i r0.. I 017
EXC94-0011. Public hearing on a reconsideration of the July 13, 1994, Board of
Adjustment decision on an application submitted by Robert and Joan Powers for
special exceptions to reduce the required off-street parking and to modify the front
yard requirement for property located in the PRM zone at 902 Newton Road.
Findings of Fact: The Board finds that the requested exceptions will not change an
existing parking situation, which appears to be working satisfactorily for the specific
residential situation at 902 Newton Road. The residential tenants living in the
efficiency apartments on the subject property are within easy walking distance of the
University of Iowa medical complex. This circumstance means the existing six parking
spaces sufficiently meet the parking demand for the current use of the property. The
Board finds that the two parking spaces located within the required front yard setback
area along Lincoln Avenue do not present safety problems and do not increase an
appearance of vehicular congestion in the Lincoln Avenue streetscape. Finally, the
Board finds that the denial of the requested exceptions would cause an undue financial
hardship for the applicants while not achieving a desirable resolution of vehicular
congestion in this area of the community.
Conclusions of Law: The Board concludes that as required in City Code Section 14-
6N-1 H, Modification of Parking Requirements, the applicants have demonstrated that
the specific use at 902 Newton Road has such characteristics that the number of
parking spaces required is too restrictive. The Board concludes that the applicants
have met the specific requirements for granting a yard modification as set forth in City
Code Section 14 -6Q -4B; the applicants have demonstrated that the situation is peculiar
to the property in question and there is practical difficulty in complying with the
dimensional requirements of the Zoning Chapter. The Board concludes that the
applicants have satisfied the general standards for granting a special exception, as set
forth in City Code Section 14 -4B -4B.
Disposition: By a 3-2 vote, Eckhardt and Johnson voting no, the Board approved
EXC94-0011, the requested special exceptions 1) to reduce the required off-street
parking by 25% (from eight spaces to six spaces), and 2) to reduce the front yard
1831 ?AG1
'� • Board of Adjustment Decisions
October 12, 1994
Page 2
requirement along Lincoln Avenue from 20 feet to two feet for the 18 foot length of
the two parking spaces with access off the alley on the north boundary of the property
located in the PRM zone at 902 Newton Road.
2. EXC94-0013. Public hearing on a request submitted by Joe Sullivan for a special
exception to permit a front yard modification along Sycamore Street for property
located in the RS -5 zone at 1687 Burns Avenue.
Findings of Fact: The Board finds that the situation involves a corner lot property
adjacent to an arterial street. Additionally, the abutting undeveloped property will
likely develop in the future resulting in a double frontage lot being created adjacent to
the subject property. The Board finds that permitting a fence to be constructed as
requested meets the intent of the Code to allow fences within the required front yard
setback area on double frontage lots along arterial streets and on corner lots abutting
double frontage lots.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for granting a special exception to modify yard requirements, as set forth
in City Code Section 14 -6Q -4B; the applicant has demonstrated that the situation is
peculiar to the property in question, meets the tests of practical difficulty, and satisfies
the intent of the ordinance regarding locating fences along arterial street rights-of-way.
The Board further concludes that the applicant has satisfied the general standards for
granting a special exception, as set forth in City Code Section 14-46-413.
Disposition: By a vote of 5-0, the Board approved EXC94-0013, a special exception
to allow a reduction of the front yard along Sycamore Street from 20 feet to two feet
for the southern 48 feet of the lot to permit only the construction of a fence for
property located in the RS -5 zone at 1687 Burns Avenue.
3. EXC94-0020. Public hearing on a request submitted by Terry Ira to amend a
September 14, 1994, Board of Adjustment decision on a special exception to permit
a front yard modification along Johnson Street for property located in the RNC -12 zone
at 523 Church Street.
Findings of Fact: The Board finds that the applicant's request for an amendment to
the approved special exception will not negatively impact the surrounding neighbor-
hood and can be accommodated within the previous conditions of approval for the
special exception.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for granting a special exception to modify yard requirements, as }$t forth
in City Code Section 14 -6Q -4B. The Board further concludes that tlf8� ,91nt ha§
satisfied the general standards for granting a special exception, as fortk 4n Ci
Code Section 14-46-46. r2 Co -'
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-1831 ?ACE 57
Board of Adjustment Decisions
October 12, 1994
Page 3
Disposition: By a vote of 5-0, the Board approved the request to amend its September
14, 1994, decision on EXC94-0020, to permit a 24 foot by 26 foot garage to be
constructed within the required front yard along Johnson Street for property located
in the RNC -12 zone at 523 Church Street, subject to the garage being set back a
minimum of ten feet from the Johnson Street right-of-way line.
4. EXC94-0024. Public hearing on a request by Brenton Savings Bank of Iowa for a
special exception to permit an auto and truck oriented use, that is, drive through lanes,
for property located in the CC -2 zone at 1059 Hwy 1 West.
Findings of Fact: The Board finds that sufficient stacking spaces for the drive through
lanes will be provided on the 1059 Hwy 1 West property. The on-site traffic flows and
access points proposed on the site plan are in accordance with the accepted standard
practices for financial institutions with drive-through lanes. The new banking facility
with the associated drive-in lanes will contribute to the commercial vitality of the area.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements as set forth in City Code Section 14 -6E -5D1 to permit drive-through
lanes, an auto and truck oriented use, in the CC -2 zone. The Board concludes that the
applicant has satisfied the general standards for granting a special exception, as set
forth in City Code Section 14 -4B -4B.
Disposition: By a vote of 5-0, the Board approved EXC94-0024, a special exception
to permit four drive through lanes and a bypass lane on property located in the CC -2
zone at 1059 Hwy 1 West, subject to the applicant receiving FAA approval prior to
receiving a building permit for construction of the bank building.
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 of decision. City
Cnde Sectidn 14-46-5E.
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1831 PAGE 58
Board of Adjustment Decisions
October 12, 1994
Page 4
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 1 2th day of October,
1994, as the same appears of record in my Office.
Dated at Iowa City, this 1,� day of 1994.
mins\boa10-12.dec
Mari K. Karr, City Clerk
V, -1831 ?AGE 59
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DECISIONS -+c-
IOWA CITY BOARD OF ADJUSTMENT =`m
WEDNESDAY, NOVEMBER 9, 1994 - 4:30 P.M. o N
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Patricia Eckhardt, William Haigh, Catherine Johnson, Tim
Lehman, Rich Vogelzang IkJ S7 ] )
7
MEMBERS ABSENT: None FILED N0.Bo"fS3ii'^ r__�
STAFF PRESENT: Burnside, Kugler, Rockwell, Schweitzer 94 NOOY 17 1111 9: 38
OTHERS PRESENT: Tonita Rios, Charles Mullen, John Moreland, Gary Hughes, Mark . <�
Danielson, Anita Gay Hartwig, Doug Kolarik, Nicolas Chmarik,
Donald Green
SPECIAL EXCEPTION ITEMS:
EXC94-0025. Public hearing on a request submitted by Tonita Rios on behalf of
herself and on behalf of adjacent property owner Vinod Bhatara for special exceptions
to permit off-street parking on a separate lot, and to reduce the off-street parking
required for uses on properties located in the CO -1 zone at 626 and 630 Bloomington
Street.
Findings of Fact: The Board finds that the applicant has demonstrated that providing
four parking spaces is sufficient for a substance abuse counseling program housed at
626 E. Bloomington Street, where it is anticipated that 50% of the clients will not
have a drivers license, and with the program clearly limited to a maximum of one group
of approximately five persons being counseled at any one time. The Board finds that
the recordation of a perpetual access easement for the shared drive and parking area
will ensure access and use of the parking area over time for both properties. The
elimination of the Dodge Street curb cut will enhance public safety, and removal of the
dilapidated garage on the 630 E. Bloomington Street property will upgrade the
property. The Board finds that the extension of the fence adjacent to the three new
parking spaces and the provision of plantings along the east side of the fence facing
Dodge Street will visually buffer the parking area. The Board expressed concern that
sufficient area be available to meet the City's parking area requirements for six parking
spaces.
Conclusions of Law: The Board concludes that as required in City Code Section 14-
6N-1 H, Modification of Parking Requirements, the applicant has demonstrated that the
specific use at 626 E. Bloomington Street has such characteristics that the number of
parking spaces required is too restrictive. The Board also concludes that in accordance
with the specific requirements for permitting parking on a separate lot, as set forth in
City Code Section 14 -6N -1C, that the shared parking area and drive will in small
measure improve pedestrian and vehicular traffic safety, and will be sufficiently
buffered from adjacent property. The Board concludes that the applicants have
= .1836 Tact 323
Decisions – Iowa City Board of Adjustment
November 9, 1994
Page 2
satisfied the general standards for granting a special exception, as set forth in City
Code Section 14 -4B -4B.
Disposition: The Board approved, by a vote of 5-0, EXC94-0025, a request to reduce
the off-street parking requirement from seven spaces to six spaces, and to permit
parking on a separate lot for properties located in the CO -1 zone at 626 and 630 E.
Bloomington Street property, subject to:
1) Clearly limiting the use of the 626 E. Bloomington Street property to a
substance abuse counseling program with a maximum of one group of
approximately five persons each being counseled at any one time, and with no
on-site secretarial office being permitted; and a clear limitation of the use of the
630 E. Bloomington Street property to a single-family use, or any permitted use
not requiring more than two parking spaces;
UO d_
&i -, 2) Recordation in the Johnson County Recorder's office of a perpetual access
easement that is approved by the City Attorney's office for the shared drive
— and parking area giving rights of use for both properties, 626 and 630 E.
t9 ;–c.-) Bloomington;
C:) ::a 3:
0 3) Extension of the six-foot high fence along the north and east edges of the
3 —
rn new parking spaces on the 630 E. Bloomington Street property, and planting
of vegetative screening along the east side of the fence facing Dodge Street;
4) Removal of the existing garage, driveway and Dodge Street curb cut; and
5) Increasing the shared driveway width to ten feet.
2. EXC94-0026. Public hearing on a request submitted by the First National Bank for a
special exception to permit a drive-in facility associated with a financial institution for
property located in the CO -1 zone at 2312 Mormon Trek Boulevard.
Findings of Fact: The Board finds that sufficient stacking spaces will be provided for
the drive-through lanes proposed for the 2312 Mormon Trek Boulevard property. The
access along West Side Drive is in conformance with the City's policy of minimizing
access points along arterial streets. The provision of sidewalks along the Mormon Trek
Boulevard and West Side Drive will enhance pedestrian access and safety in a high
density residential neighborhood. The new banking facility with the associated drive-in
lanes will provide a needed service for the surrounding population.
Conclusions of Law: The Board concludes that the applicant has met the specific
zoning requirements for granting a special exception to allow a drive-in facility
associated with a financial institution, as specified in City Code Section 14-6E-1 D4.
The Board also concludes that the applicant, upon meeting conditions 1 and 4 listed
below, will have satisfied the general standards for granting a special exception, as set
forth in City Code Section 14-413-413. The Board also concludes that circumstances
warrant imposing additional conditions relating to the installation of sidewalks and
- 1 S36 3GI 324
Decisions – Iowa City Board of Adjustment
November 9, 1994
Page 3
placing a time limit on the operation of a temporary drive-in facility, in order to fulfill
the purpose and intent of the Zoning Chapter, as provided for in City Code Section 14-
4B -4B3.
Disposition: The Board approved, by a vote of 5-0, EXC94-0026, a special exception
to permit five drive-through lanes, two ATM lanes, and one temporary drive-through
lane associated with a financial institution for property located in the CO -1 zone at
2312 Mormon Trek Boulevard, subject to:
11 The applicant receiving FAA approval;
2) The installation of an 8 -foot wide sidewalk along Mormon Trek Boulevard with
the oversizing costs to be paid by the City, and a 4 -foot wide sidewalk along
West Side Drive;
3) A time limit on the operation of the temporary drive-through window of 15
months or until the permanent facility is occupied, whichever comes first; and
4) A revised parking plan meeting the requirements of the Zoning Chapter prior to
obtaining a building permit.
3. EXC94-0027. Public hearing on a request submitted by 1000 Oakcrest, an Iowa
General Partnership, on behalf of property owners Gary Hughes, Terry P. Huff, Nolan
J. Wright and Jocelyn Wright, for a special exception to permit parking on a separate
lot, that is, to have a shared drive for properties located in the RM -44 and RS -5 zones
at 1000 and 1006 Oakcrest Avenue.
.1indi of Fact. The Board finds that the common access drive provides a preferred
"ineabi�of providing ingress and egress for the 72 apartment units located on the two
a sepwate properties. The requested special exception will allow an existing situation
ter;
,to remain in place. The impacts of the shared drive are internalized within the subject
—propL4ties. The Board finds that the applicant has submitted a signed perpetual access
o e4!! Y. ent agreement that assures shared usage of the access drive over time. The
sBoaafinds that the properties need to comply with the tree planting requirements of
m a Large Scale Residential Development plan approved by the City Council in 1984, and
to meet the tree planting requirements of the Zoning Chapter for parking areas.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements set forth in City Code Section 14 -6N -11C, Parking on a Separate Lot, in
that the shared drive will not negatively impact pedestrian and vehicular traffic safety,
or have detrimental effects on adjacent property. The Board concludes that
conditioning the approval of the special exception on compliance with the tree planting
requirements for the site within a certain time limit is warranted and reasonable under
the provisions of City Code Section 14 -4B -4B3. The Board concludes that the
applicants have satisfied the general standards for granting a special exception, as set
forth in City Code Section 14-413-46.
1;,;- 183VAGE 325
Decisions - Iowa City Board of Adjustment
November 9, 1994
Page 4
Disposition: The Board approved, by a 5-0 vote, EXC94-0027, a request for a special
exception to permit a shared access drive to parking areas on two separate properties,
1000 and 1006 Oakcrest Avenue, located in the RM-44/RS-5 zones, subject to
compliance by June 1, 1995, with the tree planting requirements, except for the
wooded area in the northeast portion of the site, of the Large Scale Residential
Development plan approved by the City Council on January 4, 1984.
4. EXC94-0028. Public hearing on a request submitted by Anita Gay Hartwig for a
special exception to permit expansion of a funeral home use, a crematorium, for
property located in the CO -1 zone at 2720 Muscatine Avenue.
Findings of Fact. The Board finds the environmental impacts of crematoria were
publicly discussed and extensively analyzed prior to the passage of an ordinance by the
City Council permitting crematoria as an accessory use to a funeral homes. The Gay
Funeral Home has been in existence for many years. The addition of the crematorium
will provide a needed service in Iowa City with no discernible negative impact on
nearby residents; it is likely there will be no detectable odor and emissions will consist
primarily of water vapor and heat. The Board further finds that the crematorium will
be monitored by the Iowa Department of Natural Resources.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for the granting of a special exception to expand a funeral home, as set
forth in City Code Section 14 -6L -1J; the applicant's property has access to Muscatine
Avenue, an arterial street; has street frontage of 500 feet (greater than 120 feet), and
has a lot area of 137,000 square feet (greater than 40,000 square feet). The Board
further concludes that the applicant has satisfied the general standards for granting a
special exception, as set forth in City Code Section 14-413-46.
Disposition: The Board approved, by a 4-1 vote with Lehman voting no, EXC94-0028,
a special exception to allow an approximate 1,000 square foot expansion of a funeral
home to house an accessory use, a crematorium, for property located in the CO -1 zone
at 2720 Muscatine Avenue.
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 Amprovement authorized under the terms of the Board's order of decision. City
4-413-5E.
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Decisions — Iowa City Board of Adjustment
November 9, 1994
Page 5
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 Decisions that were passed by
the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of
November, 1994, as the same appears of record in my Office.
Dated at Iowa City, this g� day of 1994.
CORPORATE SEAL
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Mares. Karr, City Clerk
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1836 ?ACE 327
•` 010670
FILED N0._—.
xi BOOK4351
DECISIONS 94 DEC 27 Ab 8:32
IOWA CITY BOARD OF ADJUSTMENT
DECEMBER 14, 1994 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS '
MEMBERS PRESENT: Patricia Eckhardt, William Haigh, Catherine Johnson, Tim'
Lehman, Rich Vogelzang
MEMBERS ABSENT: None
STAFF PRESENT: Burnside, Kugler, Rockwell, Schweitzer
C, o
OTHERS PRESENT: Douglas Boothroy, Bill Finney, Harry Wolf _= n
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SPECIAL EXCEPTION ITEMS:
1. EXC94-0023. Public hearing on a request submitted by SouthgateczQevelppmeiit
Company, Inc. for special exceptions to permit dwelling units above thg group, floor
of a commercial use, to permit restaurant uses, and to permit off-street parkiag and
an access drive on a separate lot for property located in the CN -1 zone at 701 Mormon
Trek Boulevard.
Findings of Fact: The Board finds that allowing dwelling units, as proposed, is
consistent with the surrounding residential uses. The proposed off-site parking area
and shared access drive will serve the residential use on a commercial property while
enhancing safe vehicular access to the site. The Board finds that the sizes of
restaurants, as permitted by the terms of the decision, are appropriate for the Walden
Square CN -1 zone. The emphasis on pedestrian pathways within the overall site plan
is to be commended. The Board finds that the mixed use development will provide
shopping and eating establishments that are needed to serve this west side neighbor-
hood; it will prove an asset in a fairly densely populated area.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements of City Code Section 14 -6E -2D1; there is more than sufficient lot area
for the proposed number of dwelling units. As required in City Code Section 14-6N-
1 C7, the applicant has demonstrated the desirability of the off-site parking area and
access drive in terms of pedestrian and vehicular traffic safety and impacts on adjacent
properties. The applicant has met the specific requirements of City Code Section 14-
6E -2D6 permitting restaurants in the CN -1 zone. Finally, the Board concludes that the
applicant has satisfied the general standards for granting a special exception, as set
forth in City Code Section 14-413-413.
Disposition: Approved 5-0, three special exceptions 1) to permit second floor dwelling
units requiring up to 22 parking spaces, 2) to permit up to 20 parking spaces and a
shared access drive to be located on the adjacent property to the west, and 3) to
permit 15,000 square feet of total restaurant floor area with two restaurants allowed
to exceed 2,500 square feet in size, but to be no larger than 3,200 square feet for
property located in the CN -1 zone at 701 Mormon Trek Boulevard, subject to 1)
installation of a four foot wide sidewalk to provide the connecting pedestrian link
V;;. 1851 ?AGE 234
((o
Board of Adjustment Decisions
December 14, 1994
Page 2
between the CN -1 zone boundary and the existing residential sidewalk along the north
side of Westwinds Drive, 2) approval by the City Attorney's office and recording in the
Johnson County Recorder's office of the shared parking area and access drive
agreement, and 3) written authorization from Iowa -Illinois Gas and Electric Company
approving the location of the proposed parking area and landscaping within the pipeline
easement located west of the 701 Mormon Trek Boulevard property.
2. EXC94-0029. Public hearing on a request submitted by the City of Iowa City for a
special exception to permit a child care facility in the PDH -8 zone at 3523 Shamrock
Place.
Findings of Fact: The Board finds that the establishment of a child care facility in this
location will not have a negative impact on the surrounding area. Rather, it should
improve the current situation by providing after-school supervision for up to eleven
(1 1) children who may not have supervision currently. Since the facility will serve the
residents of the surrounding public housing units, no significant increase in traffic or
demand for parking is expected. The temporary fencing proposed by the applicant
meets the intent of City Code Section 14-6L-1 D1. However, the Board suggests that
the color and design of the fencing be carefully considered so as not to draw
unnecessary attention to the facility. The bright orange construction fencing initially
proposed by the applicant is discouraged.
Conclusions of Law: The Board concludes that the applicant has met the specific
standards for a child care facility, as specified in City Code Section 14-6L-1 D. A
fenced outdoor play area of at least 100 square feet per child is to be installed, and the
dwelling unit contains an adequate amount of useable floor area. In addition, the
Board concludes that the applicant has satisfied the general standards for granting a
special exception, as set forth in City Code Section 14-413-413.
Disposition: Approved 5-0, a special exception to permit a child care facility to be
operated on property located in the PDH -8 zone at 3523 Shamrock Place, subject to
the applicant meeting all requirements of City Code Section 14-6L-1 D, including the
installation of fencing as required by Section 14-6L-1 D1.
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 of decision. City
v .151 FACE 235
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Board of Adjustment Decisions
December 14, 1994
Page 3
Approved by
y Attorney's' ffice
STATE OF IOWA )
JOHNSON COUNTY I
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 Decisions that were passed by
the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of
December, 1994, as the same appears of record in my Office.
Dated at Iowa City, this day of a,.�jr„�l�Cit�, 1994.
minsfta12-14.dec
Marian K. Karr, CitClerk
V, -1851 race: 236
NO