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HomeMy WebLinkAbout1995 Board of Adjustment DecisionsSPECIAL EXCEPTION ITEMS: EXC95-0001. Public hearing on a request submitted by Kevin and Carol Kidwell for a special exception to permit a front yard modification for property located in the PRM zone at 219 E. Harrison Street. Findings of Fact: The Board finds that the steep, wooded slopes on the property contribute to its peculiarity. The 21 % front yard reduction is minimal in its impact, because the encroachment of the building will be adjacent to the extra -wide right-of- way of Harrison Street, which is closed to vehicular traffic. The yard modification will allow the building to be located further away from the south, wooded slope, thereby reducing the potential for erosion and tree loss. This will help maintain the wooded buffer between the proposed apartment complex and the existing residential properties to the south. The proposed redevelopment of the property is responsive to the guidelines provided in the Comprehensive Plan; it will increase the intensity of residential use, while respecting the environmental features of the site. Conclusions of Law: 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- 413; 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 14-413-413. Disposition: The Board approved, by a vote of 3-0, EXC95-0001, a special exception to reduce the required front yard setback along the Harrison Street right-of-way from ten feet to five feet for the west 25 feet of the north side of the proposed multi -family residential structure, and from ten feet to seven feet for the east 20 feet of the north side of the structure, subject to the property owner obtaining and filing approval of a grading and erosion control plan that identifies existing trees six inches in diameter or greater on the site to be preserved and existing trees of such size to be removed, and specifies measures to be utilized to protect trees during construction. V' - 1871 ?AGE 116 V ov w % c n o W :0 DECISIONS s IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 8, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS �' w MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Rich Vogelzang; Tim Lehman arrived at 5:05 p.m. FILED R0. EDDitOW' , - ftj- MEMBERS ABSENT: William Haigh 95 FES 27 AM 8: 11 STAFF PRESENT: Sarah E. Holecek, Charlie Denney, Melody Rockwell, Lisa Schweitzer OTHERS PRESENT: Kevin Kidwell, John Moreland, Ned Mendenhall, Larry Niegowski'' '^ Neena Paul, Bryn Wilkinson, Jacque Holloway, Heather Trank SPECIAL EXCEPTION ITEMS: EXC95-0001. Public hearing on a request submitted by Kevin and Carol Kidwell for a special exception to permit a front yard modification for property located in the PRM zone at 219 E. Harrison Street. Findings of Fact: The Board finds that the steep, wooded slopes on the property contribute to its peculiarity. The 21 % front yard reduction is minimal in its impact, because the encroachment of the building will be adjacent to the extra -wide right-of- way of Harrison Street, which is closed to vehicular traffic. The yard modification will allow the building to be located further away from the south, wooded slope, thereby reducing the potential for erosion and tree loss. This will help maintain the wooded buffer between the proposed apartment complex and the existing residential properties to the south. The proposed redevelopment of the property is responsive to the guidelines provided in the Comprehensive Plan; it will increase the intensity of residential use, while respecting the environmental features of the site. Conclusions of Law: 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- 413; 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 14-413-413. Disposition: The Board approved, by a vote of 3-0, EXC95-0001, a special exception to reduce the required front yard setback along the Harrison Street right-of-way from ten feet to five feet for the west 25 feet of the north side of the proposed multi -family residential structure, and from ten feet to seven feet for the east 20 feet of the north side of the structure, subject to the property owner obtaining and filing approval of a grading and erosion control plan that identifies existing trees six inches in diameter or greater on the site to be preserved and existing trees of such size to be removed, and specifies measures to be utilized to protect trees during construction. V' - 1871 ?AGE 116 T LO Cn Board of Adjustment s rrn February 8, 1995 Page 2 2. EXC95-0002. Public hearing on a request submitted by Ned MendeFiR411 arsO Johnd Moreland to amend a special exception granted by the Board of Adjustment on January 12, 1994, for a youth center, and to request parking on separate lots for property located in the CC -2 zone at 1550 First Avenue. Findings of Fact: The Board finds that the First Avenue Club provides a needed public service, and that eliminating the restriction that the club be operated solely as a youth entertainment center, to also allow private leasing of the club will allow the club to continue operation. The Board also finds that providing parking on separate lots will allow utilization of existing parking facilities at times when they are currently not in use, without negative impacts on existing uses. Conclusions of Law: The Board concludes that the applicants have satisfied the requirements to permit parking on a separate lot as set forth in City Code Section 14- 6N -1C. The Board further concludes that the applicants have met the general standards for granting a special exception asset forth in City Code Section 14-46-461. Disposition: The Board approved, by a vote of 4-0, EXC95-0002, a special exception amending EXC93-0030 to eliminate the restriction of use of the First Avenue Club as a youth entertainment center, and allowing parking on a separate lot, subject to 1) limiting the hours of operation of the club to weekends and after 5 p.m. on week nights, 2) advertisement of specific nights when the club will be operated as a youth entertainment center, 3) recordation by the applicants of the parking agreement between the applicants and Goodwill Industries, and 4) an acknowledgement that termination of the parking agreement by Goodwill will cause the special exception to expire. VARIANCE ITEM: VAR95-0001. Public hearing on a request submitted by the Iowa Zeta Chapter Pi Beta Phi Association for a variance to the lot area requirement for a sorority located in the RNC -20 zone at 815 E. Washington Street. Findings of Fact: The Board finds the sorority's goals and community involvement to be laudable and acknowledges that the sorority did not cause the downzoning that created the lot area nonconformity for its property. However, the sorority house is more densely occupied now than zoning codes permit, and the requested structural expansion would encourage the continuation and expansion of the nonconforming situation. The Board finds that having 47 residents on a property with a 12,838 square foot lot area exceeds the required density of the RNC -20 zone by 100%, and contravenes the medium density residential development policy cited in the Comprehensive Plan for the College Hill area. The Board finds that the College Hill area contains a number of properties that are too densely populated and continue to operate in nonconforming status. Granting the requested variance would set a precedent for other property owners in the area in similar circumstances to the sorority to expect a variance to the density requirements 1871 .'AGE U7 Board of Adjustment February 8, 1995 Page 3 for their properties, and/or confer a special privilege on the applicant that is denied by the Zoning Chapter to similar properties in the RNC -20 zone. The Board finds that the sorority house can continue to be used by a sorority, or for some other residential purpose permitted in the RNC -20 zone without granting the requested variance. The Board finds that insufficient on-site parking is provided in an area that experiences traffic and vehicular congestion. Further, the on-site parking is unsafe to exit, as the parking/drive configuration requires backing into a busy street. Conclusions of Law: According to City Code Section 14-46-4C, City of Iowa City, Iowa, no variance to the strict application of any provision of the Zoning Chapter shall be granted by the Board unless the applicant demonstrates that all the following elements are present: Not contrary to public interest. a. 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; and b. The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan. 2. Unnecessary hardship. a. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located; and b. The owner's situation is unique or peculiar to the property in question and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood; and C. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title. The Board concludes that the applicant has failed to demonstrate that all the required elements are present for granting a variance. The Board concludes that the requested lot area variance would not be in the public interest, would not meet the intent of the Zoning Chapter, and would contravene the objectives of the Comprehensive Plan. The Board further concludes that the applicant does not meet the reasonable return or the uniqueness tests of hardship. The only test of hardship that appears to be met is that the hardship was not of the applicants own making. The Board also concludes that a 50% reduction in lot area requirement per resident, as set forth in City Code Section 14 -6D -9C3 (lot area requirement per resident in a fraternity/sorority house in the RNC - 20 zone) does not constitute a minimum variance request. Disposition: By a vote of 0-4 on an affirmative motion, the Board denied VAR95- 0001, a request for a 50% variance to the lot area requirement, that is, a red4.9tion in the lot area required per resident from 545 square feet to 273 squame feeMor a sorority use located in the RNC -20 zone at 815 E. Washington Street.: r -i C_, - N A ZZ V 1871 ?AGE 118 ny - z- Board of Adjustment February 8, 1995 Page 4 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 Code Section i1 4 -4B -5E. Rich Vogel ah Ch erson Lo `o -n d by c' p XityAttorne fV s Office Z<�_ a STATE OF IOWA 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 8th day of February, 1995, as the same appears of record in my Office. Dated at Iowa City, this day of 1995. mins\boa2-8.dec Marian K. Karr, City Clerk 1b71'arE 119 CORPOR4TE: SEAL FEE DECISIONS IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 8, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Bill Haigh, Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Anne Burnside, Melody Rockwell, Lisa Schweitz pHRR 16 Ail 9:29 OTHERS PRESENT: Ned Mendenhall, Diane Hertel, Carol Whiteis, Marilyn Swaim,, Melany Shaw, Rev. James Kledis, Catherine Ledhart, Laurie Bears, Catherine Schmidt SPECIAL EXCEPTION ITEMS: 1. EXC95-0002. Public hearing on the reconsideration of a special exception granted by the Board of Adjustment on February 8, 1995, that eliminated the restriction of use of the First Avenue Club to a youth entertainment center, and allowed parking on separate lots for property located in the CC -2 zone at 1 550 First Avenue. Findings of Fact: The Board finds that its February 8, 1995, decision stands whether the use is defined as a meeting hall or a restaurant. The Board finds the change in use is primarily a matter of semantics, not of substance; the use is changed in name only. The Board was aware when the February 8, 1995, decision was made that the applicant intended to serve alcohol at adult private parties. The Board finds that concerns raised at the February 8, 1995, Board meeting about how alcohol would be kept separate from the teen functions were satisfactorily addressed by the applicant. The Board finds that operation of the business as a restaurant does not alter the findings of fact for its February 8, 1995, decision. Conclusions of Law: The Board affirms its February 8, 1995, conclusions that the applicants satisfied the requirements to permit parking on a separate lot as set forth in City Code Section 14 -6N -1C, and met the general standards for granting a special exception as set forth in City Code Section 14-46-413. Disposition: The Board affirmed, by a vote of 4-1, Vogelzang voting no, that its decision regarding EXC95-0002, a special exception removing restrictions on the use of the First Avenue Club, and allowing parking on a separate lot, with conditions, for property located at 1 550 First Avenue, applies to operation of the First Avenue Club as either a meeting hall or a restaurant. 2. EXC95-0003. Public hearing on a request submitted by Ron and Diane Hertel for a special exception to permit a rear yard modification for property located in the RS -5 zone at 50 Norwood Circle. 1878 ?AGE V2 to CD X. J - c—n -_ �r � _m s o= - D Tim LehmeW U4353 BFILEOO,D Q_ 11Z STAFF PRESENT: Anne Burnside, Melody Rockwell, Lisa Schweitz pHRR 16 Ail 9:29 OTHERS PRESENT: Ned Mendenhall, Diane Hertel, Carol Whiteis, Marilyn Swaim,, Melany Shaw, Rev. James Kledis, Catherine Ledhart, Laurie Bears, Catherine Schmidt SPECIAL EXCEPTION ITEMS: 1. EXC95-0002. Public hearing on the reconsideration of a special exception granted by the Board of Adjustment on February 8, 1995, that eliminated the restriction of use of the First Avenue Club to a youth entertainment center, and allowed parking on separate lots for property located in the CC -2 zone at 1 550 First Avenue. Findings of Fact: The Board finds that its February 8, 1995, decision stands whether the use is defined as a meeting hall or a restaurant. The Board finds the change in use is primarily a matter of semantics, not of substance; the use is changed in name only. The Board was aware when the February 8, 1995, decision was made that the applicant intended to serve alcohol at adult private parties. The Board finds that concerns raised at the February 8, 1995, Board meeting about how alcohol would be kept separate from the teen functions were satisfactorily addressed by the applicant. The Board finds that operation of the business as a restaurant does not alter the findings of fact for its February 8, 1995, decision. Conclusions of Law: The Board affirms its February 8, 1995, conclusions that the applicants satisfied the requirements to permit parking on a separate lot as set forth in City Code Section 14 -6N -1C, and met the general standards for granting a special exception as set forth in City Code Section 14-46-413. Disposition: The Board affirmed, by a vote of 4-1, Vogelzang voting no, that its decision regarding EXC95-0002, a special exception removing restrictions on the use of the First Avenue Club, and allowing parking on a separate lot, with conditions, for property located at 1 550 First Avenue, applies to operation of the First Avenue Club as either a meeting hall or a restaurant. 2. EXC95-0003. Public hearing on a request submitted by Ron and Diane Hertel for a special exception to permit a rear yard modification for property located in the RS -5 zone at 50 Norwood Circle. 1878 ?AGE V2 Board of Adjustment March 8, 1995 Page 2 Findings of Fact: The Board finds that the City Code definition for "rear lot line" creates an unwarranted, technical peculiarity for the property; the rear yard in actuality functions as a side yard for this property. The Board finds there will be no substantive change to the neighborhood as a result of granting the exception. The garage addition will enhance the value of the property without inhibiting the enjoyment or development of the adjacent property to the north. The Board finds that possible alternative locations for the garage addition are less preferable than the proposed exception. 7conclusions of Law: The Board concludes that the applicants have met the -specific requirements for granting a yard modification as set forth in City Code EL Section 14 -6Q -4B; the applicants have demonstrated that the situation is cn 5eculiar to the property in question and there is practical difficulty in complying - with the dimensional requirements of the Zoning Chapter. The Board concludes what the applicants have satisfied the general standards for granting a special V) exception, as set forth in City Code Section 14 -4B -4B. al Disposition: The Board approved, by a vote of 5-0, EXC95-0003, a request to reduce the rear yard setback area by 12°x6, that is, to reduce the rear yard setback from 20 feet to 8 feet for the 26 foot length of the proposed addition to the existing, attached garage for property located in the RS -5 zone at 50 Norwood Circle. 3. EXC95-0004. Public hearing on a request submitted by Hope United Methodist Church for special exceptions to permit a religious institution to be established and to modify the parking requirements for property located in the CC -2 zone at 1705 First Avenue. Findings of Fact: The Board finds that the church's hours of operation, as conditioned by the Board's decision, and the ample amount of on-site parking spaces will assure that sufficient parking is available for the businesses in the area; parking congestion or spillover parking should not occur_ as a result of granting the requested exceptions. The Board finds that the church should prove an asset to the area, and should in no way have an adverse impact on neighboring commercial interests. Conclusions of Law: The Board concludes that the applicant has met the specific zoning requirements of City Code Section 14 -6E -5D7 to establish a religious institution in the CC -2 zone, and the criteria of City Code Section 14- 6N-1 C to permit shared parking. 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 -4B -4B. Disposition: The Board approved, by a vote of 5-0, EXC95-0004, a request to establish a religious institution in the CC -2 zone at 1705 First Avenue, Suite S, and to permit up to 100% of the parking requirements to be met on a shared basis on the 1705 First Avenue property, subject to limiting congregational -1878 'ACE 173 r Board of Adjustment March 8, 1995 Page 3 worship services to Sunday mornings and church holy day evenings, and incorporation of a clause into the lease agreement the Hope United Methodist Church has with the property owner that acknowledges the church's right to use up to 33 on-site parking spaces on a shared basis. TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on Applicant action, shall expire six 16) 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 14-413-5E, City of Iowa City, lowq. Rich`Vogelzargon App ved by City Attorney' fice 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 8th day of March, 1995, as the same appears of record in my Office. Dated at Iowa City, this �-!5"'l� day of 1995. Marian K. Karr, City Clerk mins\boa3-8.dec I'D Ln CD CORPORATE SEAL - 8781 WE X74 U16411 SEE " 'jg� s3 4,a�P �� 4 125 A;1 E:36 DECISIONS IOWA CITY BOARD OF ADJUSTMENT 95 APE; 21_ PH 3; 5 j WEDNESDAY, APRIL 12, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS l' MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Bill Haig't,"Tim Lehman MEMBERS ABSENT: Rich Vogelzang STAFF PRESENT: Anne Burnside, Scott Kugler, Melody Rockwell, John Yapp OTHERS PRESENT: John R. Rummelhart, Jr., Bill Cloven, Jim Anderson, Kevin Hanick, Steve Kohli, Bruce Glasgow SPECIAL EXCEPTION ITEMS 1 . 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 -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 on September 8, 1993. The Board further finds that compliance with environmental regulations for the site has created unavoidable delays. 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: The Board approved, by a vote of 4-0, an extension to September 8, 1995 of the expiration date of 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. EXC95-0007. Public hearing on a request submitted by Enterprise Rent-A-Car Midwest for special exceptions to establish an auto and truck oriented use in the CC -2 zone, and to permit parking on a separate lot for property located at 56 Sturgis Corner Drive. Findings of Fact: The Board finds that the proposed auto rental agency will provide a needed service in a commercial area with a number of vehicle repair businesses and contribute to the economic vitality of the area. With the limitation of storing only seven rental cars in on-site parking spaces during regular business hours (8 a.m. - 5 p.m.), sufficient parking spaces should be available for businesses located at this property. The parking situation will be self -policing in that it is in the property owners' best interest to assure parking availability for customers of other businesses in the office building as well as 1593 ?ACF 53 Board of Adjustment Decisions April12, 1995 Page* 2 for the auto rental agency. The Board finds that the applicant meets the requirements for a shared parking facility. Conclusions of Law: The Board concludes that the applicant meets the specific zoning requirements of City Code Section 14 -6E -5D1 to establish an auto and truck oriented use in the CC -2 zone, and the criteria of City Code Section 14- 6N -1C to permit a shared parking facility on two lots. The Board further concludes that the applicant satisfies the general standards, as set forth in City Code Section 14 -4B -4B, for granting a special exception. Disposition: The Board approved, by a vote of 3-0-1, with Bender abstaining due to a conflict of interest, EXC95-0007, 1) a special exception to establish an auto and truck oriented use, that is, a car rental agency in the CC -2 zone, provided that no more than seven (7) rental cars are stored in parking spaces on the 56 Sturgis Corner Drive property during regular business hours (8 a.m. - 5 p.m.), and 2) a special exception to permit a 10 -space shared parking area and associated drive on two separate properties located at 56 Sturgis Corner Drive and the adjacent property to the south, 66 Sturgis Corner Drive. 3. EXC95-0008. Public hearing on a request submitted by Neighborhood Centers of Johnson County for a special exception to permit establishment of a neighborhood center in an RM -12 zone for property located at 2651 Roberts Road. Findings of Fact: The Board finds that the proposed Pheasant Ridge Neighbor- hood Center will provide a needed service while enhancing the property values in the area and increasing public safety. Conclusions of Law: Subject to City Council repealing the access restriction for neighborhood centers, the Board concludes that the applicant meets the specific zoning requirements of City Code Section 14 -6D -7D5 and additional regulations of City Code Sections 14-6L-1 D and 14-6L-1 M for establishing a neighborhood center in the RM -12 zone. The Board further concludes that the applicant satisfies 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 4-0, EXC95-0008, a special exception to establish the Pheasant Ridge Neighborhood Center on property located in the RM -12 zone at 2651 Roberts Road, subject to the City Council repealing Zoning Chapter Section 14-61--1M1, the access restriction for neighborhood centers. 4. EXC95-0009. Public hearing on a request submitted by Steve Kohli for special exceptions to permit a school of specialized private instruction, a dance studio, to be established in the CN -1 zone and to permit dwelling units above the ground floor of a commercial use for property located at 313 Scott Court. VI L_ M93 R) 5`i W Board of Adjustment Decisions April 12, 1995 Page 3 Findings of Fact: The Board finds that the proposed dance studio is an appropriate use for this neighborhood commercial zone, and that the proposed dwelling units are in keeping with existing development in the surrounding area. If the sidewalks shown on the revised site plan stamp -dated April 6, 1995, are installed, the development of this site should not impede the development of the rest of this neighborhood commercial zone. The Board did express some concern over the incremental approval of uses within a CN -1 zone that serve a market area larger than the immediate neighborhood, such as the dance studio, which could preclude the development of legitimate neighborhood businesses. The Board felt that this should be a consideration for future requests for similar uses within this CN -1 zone. Conclusions of Law: The Board concludes that the applicant has met the specific zoning requirements of City Code Section 14 -6E -2D1, requiring a minimum of 1,800 square feet of lot area per dwelling unit. By requiring the installation of all sidewalks as shown on the revised site plan stamp -dated April 6, 1995, the provisions of City Code Section 14 -6E -H, Design Provisions, will be met. The Board further concludes that the applicant has met the general standards for granting a special exception, as set forth in City Code Section 14- 46-46. Disposition: The Board approved, by a vote of 4-0, EXC95-0009, a special exception to allow the construction of a school for specialized private instruction and dwelling units located above the ground floor in the CN -1 zone, subject to installation of all sidewalks and walkways as shown on the revised site plan stamp -dated April 6, 1995, prior to a Certificate of Occupancy being issued. 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 14-413-5E, City of Iowa City, Iowa. Pat Eckhardt, Vice Chairperson :. 1.893 'AGE 55 Board of Adjustment Decisions April 12, 1995 Page 4 STATE OF IOWA 1 JOHNSON COUNTY) I, Susan K. Walsh, Deputy 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 April, 1995, as the same appears of record in my Office. Dated at Iowa City, this 1.2% Sf day of APP -1 / , 1995. I SEAL Susan K. Walsh, Deputy City Clerk minsWoa4-12.dec G11 1893 "AGE 56 IEE FILED ,:C._017940 .._�..lgD4 7TLT__ DECISION �,,.;; 1 !,.i Q: 22 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 10, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, William Haigh, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Anne Burnside, Melody Rockwell, Jeff Haring OTHERS PRESENT: Theresa Carbarey, John Rummelhart, Jr., Dick Pattschull SPECIAL EXCEPTION ITEM: 1. EXC95-0010. Public hearing on a request submitted by Carnegie Plaza Partners, on behalf of property owners GWG Investments, 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 a grocery store located at 315 E. College Street property will provide a needed food outlet in the downtown. The revised parking area design for angled parking, one-way traffic flows and surface parking will facilitate the customers' use as well as the viability of the grocery store. The building design effectively screens the surface parking. The mezzanine addition maintains the same level of commercial intensity of the site as originally proposed. The conditions of approval will help assure pedestrian safety and diminish the impacts of the increased auto and truck usage of the CB -10 zoned site. Conclusions of Law: The Board concludes that the applicant has satisfied the requirements for off- street parking in the CB -10 zone as set forth in City Code Sections 14 -6E -8D4 and 14-6N-1 E. The Board further concludes that the applicant has met the general standards for granting a special exception as set forth in City Code Section 14-413-48. Disposition: Approved 5-0, EXC95-0010, a special exception to permit up to 66 on-site parking spaces; 48 underground parking spaces and 18 surface parking spaces for property located in the CB -10 zone at 315 E. College Street, subject to 1) City approval of the screening provided for the surface parking area, 2) the applicant providing either a stop sign or a yield sign cautioning drivers exiting the underground parking lot onto College Street to yield to pedestrians, and 3) City approval of the College Street exit drive design to assure adequate sight distance. 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. Citi Code Section 14-413-5E, City of Iowa City, Iowa. u Rich VJgelza 190.1 ?AGE 219 cn u j% C.' Bo;rd of Adjustment Decision May 10, 1995 Page 2 Appr ad by 1 ialr! 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 May, 1995, as the same appears of record in my Office. Dated at Iowa City, this �YA day of /�%1a-! 1995• CORPORATE SEAL \boa5-10.dec Karr, City Clerk 1304 PAGE 220 o i N FEE DECISIONS ca BOARD OF ADJUSTMENT WEDNESDAY, JUNE 14, 1995 - 4:30 P.M.CO o CIVIC CENTER COUNCIL CHAMBERS =" w MEMBERS PRESENT: Susan Bender, William Haigh, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: Patricia Eckhardt STAFF PRESENT: Anne Burnside, Scott Kugler, Melody Rockwell, Jeff Haring OTHERS PRESENT: Eric Andersen, Susan Hicken, Myles Braverman, George Harkness, Don Walker, Jean Walker, Michaelanne Widness, Thom�2f���35 Baldridge, Bob Siems, Larry Schnittjer FILED N0. BOOK Aff7 F?.GE_ SPECIAL EXCEPTION ITEMS: 95 JUN 26 AN 8: 19 1. EXC94-0021. Public hearing on a request submitted by Trinity Episcopal Ch ch for the Board to affirm its September 14, 1994 decision approving a special exctp pe expansion of a religious institution for property located in the CB -10 neRat,3R%ER College Street. J0liNS0tl CO.. IOWA Findings of Fact: The Board finds that due to a delay in Trinity Episcopal Church's bidding process, the Board's September 14, 1994 decision expired prior to the applicant being able to apply for a building permit for church renovations. No changes have been made to the special exception application. The Board continues to find 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. The Board further finds that local circumstances and code requirements have not changed in any appreciable way to alter the Board's findings of fact in granting approval of the religious institution expansion on September 14, 1994. Conclusions of Law: The Board concludes that the request by Trinity Episcopal Church to affirm the September 14, 1994 decision is reasonabie and warranted. The Board continues to conclude that the applicant has satisfied the general standards for granting a special exception, as set forth in City Code Section 14-413-413, and 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: The Board affirmed its September 14, 1994 decision approving EXC94- 0021, a special exception to expand a religious institution, that is, the construction of an addition to the south portion of the west wing and a connecting breezeway for the Trinity Episcopal Church located in the CB -10 zone at 320 E. College Street. 2. EXC95-0011. Public hearing on a request submitted by the Church of Jesus Christ of Latter Day Saints, on behalf of property owners Myles and Lorraine Braverman, for two special exceptions: to establish a religious institution and to modify the yard requirements for property located in the RS -5 zone at 503 Melrose Avenue. Findings of Fact: The Board finds that the proposed religious institution use will add an undue amount of traffic to and change the complexion of a private street, Lucon Drive. - - 1922 PACE 76 Board of Adjustment .June 14, 1995 Page 2 In other respects, the Board finds the proposed type of use in conjunction with the condi- tions for landscaping, preserving a historic property and improving access to have merit. However, the merit of the application does not outweigh the Board's concern about the increased traffic and paving that would occur if the requested exceptions were approved. Conclusions of Law: The Board concludes that the applicant has not met the specific requirements of City Code Section 14 -6D -2D2, permitting a religious institution in the RS -5 zone, because the proposed use would have negative impacts that are incompatible with the intent of the RS -5, Low Density Single -Family Residential zone. The Board concludes that the applicant does not meet the general standards for granting a special exception, as set forth in City Code Section 14-415-4B. In particular, the Board is concerned that the proposed use may prove to be "injurious to the use and enjoyment of other property in the immediate vicinity." (City Code Section 14-413-4132b) Disposition: On a 2-2 vote with Haigh and Lehman voting no, the Board failed to ap- prove EXC95-00111 a request by the Church of Latter Day Saints to establish a religious institution use consisting of a religious study center and congregational worship, and to modify the yard requirements for a religious institution use for property located in the RS -5 zone at 503 Melrose Avenue, subject to the following conditions: 1) the applicant will upgrade and widen the Lucon Drive pavement to a 24 -foot pavement width at its access with Melrose Avenue that narrows to 22 feet for the remainder of the drive through to the south edge of the parking area access drive, 2) the use will be limited to one that requires a maximum of 20 parking spaces, and no more than 20 parking spaces may be provided on the site; the study center and congregational worship will not be conducted at the same time, 3) the applicant will submit a landscaping and screening plan to be approved by the City for the parking area, which will be located as shown on Site Plan A, and for the south boundary of the property, which should include a six-foot high wood fence in addition to the vegetative screening, 4) external illumination of the buildings and grounds, particularly the parking area, will be shielded, downcast and located in a manner such that illumination from the source of the light will not exceed one and one-half foot-candles at the lot lines of the property, 5) the historic structure will be retained on the site, and any exterior changes to the existing residential structure that require a regulated permit must receive prior approval from the Iowa City Historic Preservation Commission, and 6) the special exception approvals will expire upon sale or lease of the property to an entity other than the applicant, the Church of Jesus Christ of Latter Day Saints. 3. EXC95-0012. Public hearing on a request submitted by Bob Siems for a special excep- tion to modify the side yard requirement for property located in the RNC -12 zone at 421 E. Davenport Street. Findings of Fact: The Board finds that the proposed yard modification, if approved, would result in the construction of a two-story addition immediately abutting the west lot line. This would comprise an expansion of a nonconforming structure, and could create prob- lems for future owners of the abutting properties. The Board finds that the applicant has avenues of remedy other than the requested exception that are available for him to pursue. Conclusions of Law: The Board concludes that the applicant does not meet the specific requirements for granting a yard modification, as set forth in City Code Section 14 -6Q -4B, in that there is no peculiarity per se of the property, and the applicant has the option of selecting among feasible alternatives in lieu of the exception. The Board concludes that = -1972 ?AVE 77 Board of Adjustment June 14, 1995 Page 3 the applicant does not meet the general standards for granting a special exception, as set forth in City Code Section 14-413-413. In particular, approval of the requested exception could result in the diminishment of the enjoyment and use of the neighboring property, and would constitute an expansion of a nonconforming structure. (City Code subsections 14- 413-4132b, c and f) Disposition: By a vote of 0-4, the Board denied on an affirmative motion EXC95-0012, a request to reduce the side yard requirement along the west boundary from five feet to zero feet for the 17 -foot length of the proposed addition for property located in the RNC -12 zone at 421 E. Davenport 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 tim period to establish the use or construct the improvement authorized under the tejms,� the Bga�'s order of decision. City Code Section 14-413-5E, City of Iowa City, Iowa. App Hued by i Attorney) 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 Adjust- ment 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 June, 1995, as the same appears of record in my Office. Dated at Iowa City, this 23 'J day of 1995. boa6-14.dec e 7e�J Mahan K. Karr, City Clerk CORPORATE SEAL, -.1922 ?AGE 78 SPECIAL EXCEPTION ITEMS: EXC95-001 1. Public hearing on reconsideration of an amended request by the Church of Jesus Christ of Latter Day Saints for special exceptions 1) to establish a religious institution, 2) to modify the off-street parking requirements and 3) modify yard requirements for property located in the RS -5 zone at 503 Melrose Avenue. Findings of Fact: The Board finds that the adaptive reuse of the historic Pratt -Soper House for a religious study center is appropriate, will provide an acceptable transition between the intensity of development along Melrose Avenue and the residential properties to the south, and is compatible with the intent of the RS -5 zone. The conditions of approval buffer the impacts of the use on neighboring residential properties. The Board finds that the requested yard modifications will be reasonable both in quantitative and qualitative terms. The intensity of the religious study center use will be located primarily within the parking area on the east portion of the property, where there is sufficient setback distance. The historic Pratt -Soper House will not be altered as a result of the yard modification. The Board finds that the applicant has demonstrated that 15 parking spaces will be sufficient to serve the demand generated by the religious study center members and staff. The reduction in the number of required parking spaces will also reduce the level of vehicular traffic, which will enhance the level of compatibility of the use with neighboring properties. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code sections 14 -6D -2D2, permitting a religious institution in the RS -5 zone; 14 -6Q -4B, permitting exceptions to established setbacks, and 14-6N-1 H, modifying off-street parking requirements. The Board concludes that the general standards for granting a special exception, as set forth in City Code section 14-46-46 have been satisfied by the applicant. Disposition: The Board approved, by a 5-0 vote, EXC95-0011, a request by the Church of Jesus Christ of Latter -Day Saints to 1 ) establish a religious study center, 2) modify the front yard and west side yard requirements to allow a religious institution use, and 3) reduce the off-street parking requirement for two classrooms from 20 �--1938 r'AGE 18� s:3 U, DECISIONS - ^" IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 12, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, William Haigh, Tiin Lelia16.36 '] Rich Vogelzang FILED N0. 8001{�$f "CE �Oy MEMBERS ABSENT: None 20AM 9: 54 95 JUL 5 STAFF PRESENT: Anne Burnside, Melody Rockwell, Jeff Haring � � OTHERS PRESENT: Eric Andersen, Mace Braverman, Don Walter, Gebrge _Hask Larry Schnittjer, Gene Madison, Betsy Smith, Joel Ba�kaii?' DER IOP;A SPECIAL EXCEPTION ITEMS: EXC95-001 1. Public hearing on reconsideration of an amended request by the Church of Jesus Christ of Latter Day Saints for special exceptions 1) to establish a religious institution, 2) to modify the off-street parking requirements and 3) modify yard requirements for property located in the RS -5 zone at 503 Melrose Avenue. Findings of Fact: The Board finds that the adaptive reuse of the historic Pratt -Soper House for a religious study center is appropriate, will provide an acceptable transition between the intensity of development along Melrose Avenue and the residential properties to the south, and is compatible with the intent of the RS -5 zone. The conditions of approval buffer the impacts of the use on neighboring residential properties. The Board finds that the requested yard modifications will be reasonable both in quantitative and qualitative terms. The intensity of the religious study center use will be located primarily within the parking area on the east portion of the property, where there is sufficient setback distance. The historic Pratt -Soper House will not be altered as a result of the yard modification. The Board finds that the applicant has demonstrated that 15 parking spaces will be sufficient to serve the demand generated by the religious study center members and staff. The reduction in the number of required parking spaces will also reduce the level of vehicular traffic, which will enhance the level of compatibility of the use with neighboring properties. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code sections 14 -6D -2D2, permitting a religious institution in the RS -5 zone; 14 -6Q -4B, permitting exceptions to established setbacks, and 14-6N-1 H, modifying off-street parking requirements. The Board concludes that the general standards for granting a special exception, as set forth in City Code section 14-46-46 have been satisfied by the applicant. Disposition: The Board approved, by a 5-0 vote, EXC95-0011, a request by the Church of Jesus Christ of Latter -Day Saints to 1 ) establish a religious study center, 2) modify the front yard and west side yard requirements to allow a religious institution use, and 3) reduce the off-street parking requirement for two classrooms from 20 �--1938 r'AGE 18� Board of Adjustment Decisions July 12, 1995 Page 2 spaces to 15 spaces for property located in the RS -5 zone at 503 Melrose Avenue, subject to the following conditions: 1. The historic structure will be retained on the site, and any exterior changes to the existing residential structure that require a regulated permit must receive prior approval from the Iowa City Historic Preserva- tion Commission. 2. The applicant will upgrade and widen the Lucon Drive pavement to 24 feet at its intersection with Melrose Avenue; the width of the pavement will narrow to 22 feet for the remainder of the drive through to the south edge of the parking access drive and then taper into the existing pavement of Lucon Drive. 3. The applicant will install two directional signs approved by City staff to indicate the entrance to the religious study center and to notify drivers that Lucon Drive is a private, non -through street. 4. The applicant will submit a landscaping and screening plan to be approved by the City for the 15 space parking area, which will be located as shown on Site Plan C, incorporated as Attachment A of this decision, and for the south boundary of the property, which should include a six-foot high wood fence in addition to vegetative screening. 5. External illumination of the buildings and grounds, particularly the parking area, will be shielded, downcast and located in a manner such that illumination from the source of the light will not exceed one and one-half foot candles at the lot lines of the property. 6. The applicant will be allowed one year (twelve months) to establish the religious study center under the terms of the Board's decision. 7. The special exception approvals will expire upon sale or lease of the property to an entity other than the applicant, the Church of Jesus Christ of Latter -Day Saints. 2. EXC95-0013. Public hearing on a request submitted by Thomas Alberhasky for a special exception to permit parking on a separate lot for property located in the CI -1 zone at 850 S. Capitol Street. Findings of Fact: The Board finds that the upgrade of the separate lot parking area will improve the appearance and utility of this commercial property, and bring it into compliance with the off-street parking requirements for the various commercial uses located on the property. The Board finds that the affidavit of assurance from the CRANDIC Railroad and the condition of approval of the special exception reasonably assure continued compliance with the off-street parking requirements, and thereby meets the intent of the ordinance. ::.1938 ?AGE 185 Board of Adjustment Decisions July 12, 1995 Page 3 Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code section 14-6N-1 C, permitting parking on a separate lot, and the general standards for granting a special exception, as set forth in City Code section 14 -4B -4B. Disposition: The Board approved, by a 5-0 vote, EXC95-0013, a special exception to allow off-street parking on a separate lot on property located within the CI -1 zone at 850 S. Capitol Street, subject to the Applicant's understanding that in the event that either party exercises its right to terminate the lease, the uses located at 840, 850, 860, 866 and 870 S. Capitol Street and at 2 and 14 E. Benton Street, all of which share parking at this location, will be required to comply with the City's minimum parking requirements. 3. EXC95-001 5. Public hearing on a request submitted by Eugene and Ethel Madison for a special exception to permit a front yard modification for property located in the RS -5 zone at 1500 Glendale Road. Findings of Fact: The Board finds that the requested yard modification is minimal, and will improve visibility while upgrading the appearance, security, value and use of the property. Improving and expanding on-site parking will benefit the neighborhood by decreasing the amount of on -street parking needed. The evergreen hedge that is required as a condition of approval will help buffer vehicular light and noise and soften the appearance of the increased amount of paving. The Board finds that the condition requiring the applicant to work with City staff, particularly the City Forester, to minimize paving, provides a reasonable means of enhancing the long-term survival of the 100 year old oak tree on the property. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code section 14 -6Q -4B, permitting exceptions to established setbacks, and the general standards for granting a special exception, as set forth in City Code section 14-413-4B. Disposition: The Board approved, by a 5-0 vote, EXC95-0015, a special exception to modify the front yard requirement along Glendale Drive by 70 square feet to allow an existing carport to be converted into a garage with a six-foot wide extension to the west for property located in the RS -5 zone at 1 500 Glendale Drive, subject to 1) removal of the existing driveway and closure of the existing curbcut, as proposed by the applicant, 2) City staff approval of the new curbcut location and paving plan, and 3) planting of an evergreen hedge along the west boundary of the property opposite the garage. 4. EXC95-0016. Public hearing on a request submitted by Sylvan Learning Centers for a special exception to establish a school of specialized private instruction in the CC -2 zone at 36 Sturgis Corner Drive. .1938 PACE 186 Board of Adjustment Decisions July 12, 1995 Page 4 Findings of Fact: The Board finds that the tutoring service will be an appropriate and compatible use within the Community Commercial zone, and will provide a needed public service. It appears that no parking or traffic problems will be created with the establishment of a Sylvan Learning Centers facility at this location. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code section 14 -6E -5D8, permitting a school of specialized private instruction in the CC -2 zone, and the general standards for granting a special exception, as set forth in City Code section 14 -4B -4B. Disposition: The Board approved, by a 4-0-1 vote with Bender abstaining due to a potential conflict of interest, EXC95-0016. a special exception to establish a school of specialized private instruction, a Sylvan Learning Centers facility with one classroom, for property located in the CC -2 zone at 36 Sturgis Corner Drive. 5. EXC95-0017. Public hearing on a request submitted by Joel Barkan for a special exception to permit a front yard modification for property located in the RS -5 zone at 833 River Street. Findings of Fact: The Board finds that the requested yard modification is modest in size and impacts. Construction of the entryway should have no detrimental impact on the neighborhood or adjacent properties. The topography of the property and the orientation of the residence preclude practical alternatives to the requested yard modification. Conclusions of Law: The Board concludes that the applicant has met the specific requirements for granting a yard modification, as set forth in City Code section 14 -6Q - 4B, and the general standards for a special exception, as set forth in City Code section 14-46-4B. Disposition: The Board approved, by a 5-0 vote, a special exception to allow a reduction of the required front yard along Lee Street to one foot, for the nine foot width of the proposed entryway, for property located in the RS -5 zone at 833 River Street. TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on Applicant action, shall expire without further Board action six (6) months from the date the orders 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, City of Iowa City, Iowa. Pak",." ��- Patricia Eckhardt, Chairperson ',:.1938 PAGE 187 Board of Adjustment Decisions July 12, 1995 Page 5 Approved � /N City Attorney's Office 7-/ 9-95 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 12th day of July, 1995, as the same appears of record in my Office. Dated at Iowa City, this �i� day of 5WA1995. Marian K. Karr, City Clerk boa7-12.dec CORPORATE SEAL •=- 1938 tacf 188 ATTACHMENT A 503 Melrose Avenue July 12, 1995 Iowa City Board of Adjustment Decision 1938 ?ACE 189 0 T FEE 003471 I FILED BO KPAGE DECISION IOWA CITY BOARD OF ADJUSTMENT 1995 AUG 15 AM 8: 26 WEDNESDAY, AUGUST 9, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS�� eye, FiECOPDE_ i MEMBERS PRESENT: Lowell Brandt, Patricia Eckhardt, William Haigh, Tim 116MIA"Co.Jow", MEMBERS ABSENT: Susan Bender 4-0 o u' a STAFF PRESENT: Anne Burnside, Melody Rockwell, Jeff Haring j C7. . OTHERS PRESENT: Larry Schnittjer, Greg Jones, Boyd Crosby - a SPECIAL EXCEPTION ITEM 7�, 77 1. EXC95-0020. Public hearing on a request submitted by Doris Christian for a7�pecial exception to modify the rear yard requirement to allow a one-story residential addition for property located in the RS -8 zone at 212 Douglass Street. Findings of Fact: The Board finds that the requested yard modification is modest, and will impose no negative impacts on the neighborhood. The 1 5 -foot alley right-of-way will provide some buffering distance between the north wall of the proposed addition and the most affected property to the north. The Board finds that the addition will upgrade the property and be compatible with surrounding properties. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code section 14 -6Q -4B, permitting exceptions to established setbacks. The Board also concludes that the general standards for granting a special exception, as set forth in City Code section 14-413-413, have been satisfied by the applicant. Disposition: By a vote of 4-0, the Board approved EXC95-0020, a special exception to reduce the rear yard requirement from 20 feet to 13.7 feet for the 18 foot width of the addition for property located in the RS -8 zone at 212 Douglass Street. TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on Applicant action, shall expire without further Board action six (6) months from the date the orders 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, City of Iowa City, Iowa. P (_nL J4- Patricia Eckhardt, Chairperson Y 1951 ?AGE 274 � w Board of Adjustment Decision August 9, 1995 Page 2 Appro d by City Attorney's O fice 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 August, 1995, as the same appears of record in my Office. Dated at Iowa City, this day of 1995. boa8-9.dec %-� -,�' -� Mari K. Karr, City Clerk v,-1951 PAV` 275 TF SFgt 0 zr >; o= 0 1' 00 cn FEE DECISIONS CA IOWA CITY BOARD OF ADJUSTMENT;-� n' r WEDNESDAY, SEPTEMBER 13, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS { MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, William Ha,�n�br� Tim Lehman "`6603 900K F;GFi MEMBERS ABSENT: None 19F a1P 7 4M'$::23 STAFF PRESENT: Anne Burnside, Scott Kugler, Melody Rockwell, Jef grim SPECIAL EXCEPTION ITEMS: '" u Ae 1. EXC95-0019. Public hearing on an amended request submitted by St. Wenceslaus Church for special exceptions to expand a religious institution, modify the front yard requirements along Fairchild Street, to modify the screening requirements for a parking area, and to reduce the side yard requirement for the St. Wenceslaus parsonage for property located in the RNC -12 zone at 618 Davenport Street. Findings of Fact: The Board finds that the redesign of the 26 -space parking area that eliminates the Davenport Street access and provides extensive landscaping is sensitive to the residential neighborhood within which it is located. The Board also finds that the parking area as redesigned maintains the viability of the adjacent church -owned duplex as a residential use. The Board notes that the parking area will not result in any residences being razed. The parking area will be located on a non -buildable, vacant lot. The Board finds that the modification of the setback requirements are reasonable and practical and will not result in a substantial change to the neighborhood. The Board further finds that modifying the screening requirements will allow the parking area to be sufficiently buffered while addressing public safety considerations by allowing public surveillance of the parking area from both Johnson Street and Fairchild Street. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code sections 14 -6D -5D3, expansion of a religious institution in the RNC -12 zone; 14-6L-10, additional requirements for religious institutions located in the RNC -12 zone; 14 -6Q -4B, exceptions for established setbacks, and 14-614-1 D4, modification of parking area screening requirements. The Board further concludes that the general standards for granting special exceptions, as set forth in City Code section 14-46-413, have been satisfied by the applicant. Disposition: By a vote of 5-0, the Board approved EXC95-0019, a request for four special exceptions that will permit a parking area to be constructed by St. Wenceslaus Church in the southeast quadrant of the Johnson Street and Fairchild Street intersection: 1) expanding a religious institution use by constructing a parking area as shown in the site plan file stamp dated August 29, 1995, 2) reducing the front yard setback from 20 feet to seven feet for the 115 foot length of the parking area along Fairchild Street, 3) modifying the screening requirements for the parking area in accordance with the landscape plan file stamp dated September 5, 1995, and 4) reducing the west side yard requirements for the St. Wenceslaus parsonage from 49 .:.197.1 ?AGE 213 V,. Iowa City Board Of Adjustment Decisions September 13, 1995 Page 2 feet to 21 feet for the 45 -foot length of the parsonage, subject to the stipulation that external illumination of the parking area will be shielded, downcast and located in such a manner that illumination from the source of the light will not exceed one and one-half foot candles at the lot lines of the property, and subject to a lot line adjustment made via a recorded plat of survey to create a legal, conforming lot for the duplex located at 608-610 Davenport Street. 2. EXC95-0021. Public hearing on a request submitted by John A. and Ada L. Streit for special exceptions to permit a restaurant greater than 2,500 square feet in size, and to modify the parking requirements for property located in the CN -1 zone at 200 Scott Court. Findings of Fact: The Board finds that the proposed 4,000 square foot restaurant does not meet the intent of the CN -1, Neighborhood Commercial zone. The scale and character of the proposed restaurant are more suitable for a more intensive commercial district, such as the CC -2, Community Commercial zone. Likewise, the Board finds that the request to modify the parking requirements by allowing more than the maximum number of spaces permitted for the restaurant is contrary to the intent of recent amendments to the CN -1 zone, which are aimed at reducing excess parking and paving in the Neighborhood Commercial zone. The Board finds that the scale of the proposed business and associated parking would serve a wider customer base and create more traffic than this neighborhood commercial area is designed to serve. In addition, many of the design provisions contained in the CN -1 regulations were not addressed by the applicant. Specifically, the excessive parking proposed and the lack of pedestrian and bicycle access would be a detriment to the surrounding residential neighborhood as well as to the development of the rest of this CN -1 zone. In addition, the Board finds that the requirements of City Code Section 14-65-11, requiring screening between this use and the residentially zoned land to the north, are not being met. Conclusions of Law: The Board concludes that the applicant has not met the specific zoning requirements of City Code section 14-6E-2, Neighborhood Commercial zone (CN -1). The proposal is in conflict with the intent of the CN -1 regulations, and the application does not address the design provisions contained in said section. Approval of the requested exceptions would compromise the integrity of the CN -1 zone. The Board further concludes that the proposal has not met the general standards for granting a special exception, as set forth in City Code section 14-46-46. Disposition: By a vote of 1-4, with Lehman voting yes on an affirmative motion, the Board denied EXC95-0021, a request for special exceptions to allow a restaurant in excess of 2,500 square feet (4,000 square feet) and to allow parking in excess of the maximum permitted (46 versus the permitted 20) for property located in,t{ie CN -1 zone. c' c- s J\ =.1974 ?ACE M kD Iowa City Board Of Adjustment Decisions o c`r0i September 13, 1995 Page 3 cJ— cNrr 3. EXC95-0023. Public hearing on a request submitted by the JohrLon County Department of Human Services and the Johnson County Board of Supervisors for a special exception to permit a child care facility to be located in the RS -8 zone ire the First Mennonite Church at 405 Myrtle Avenue. Findings of Fact: The Board finds that the proposed child care facility for homeless and near homeless children will provide a beneficial community service. The classrooms and large room areas allocated for the child care program in the First Mennonite Church building will readily accommodate a child care program for up to 50 children. No exterior modifications of the building are required to house the child care facility. The extensive landscaping on the expansive grounds of the church will buffer the outdoor play facility, which is centrally located at considerable distances from neighboring residences. There is sufficient, suitable outdoor space to accommodate expansion of the play area if the enrollment increases over time. The child care facility should not be detrimental to the neighborhood. Conclusions of Law: The Board concludes that the applicants have met the specific requirements of City Code sections 14-613-1 D, permitting child care facilities in the RS - 8 zone, and 14-6L-1 D, additional regulations for child care facilities. The applicants have also demonstrated compliance with the general standards set forth in City Code section 14-413-4B, special exception review standards. Disposition: By a vote of 5-0, the Board approved EXC95-0023, a special exception to permit a child care facility for up to 50 children for property located in the RS -8 zone at 405 Myrtle Avenue. 4. EXC95-0024. Public hearing on a request submitted by Gary Fitzpatrick for a special exception to permit parking on a separate lot for property located in the CB -5 zone at 521 S. Gilbert. Findings of Fact: The Board finds that the requested parking arrangement will have minimal impact on the area; three parking spaces should be readily accommodated within the proposed parking area. Spillover parking should not occur as a result of approving the exception. Given the existing lighting on the intervening City parking area, the stairs conveniently located near the residential entrance that provide access to the lower grade parking area, and the condition requiring signs that reserve residential parking spaces on the east edge of the separate site, the parking spaces should be suitable for the residential use. These factors also address pedestrian safety concerns. The parking area lease agreement should ensure the continued availability of the parking spaces over time to meet the residential parking requirement. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code sections 14-6N-111 e3, parking requirements for residential units in the CB -5 zone, and 14-6N-1 C, parking on a separate lot. The applicant has also demonstrated compliance with the general standards for granting a special exception, as set forth in City Code section 14-413-413, special exception review standards. -197.5 :'ACE 215 Iowa City Board Of Adjustment Decisions September 13, 1995 Page 4 Disposition: By a vote of 5-0, the Board approved EXC95-0024, a special exception to permit three of the six off-street parking spaces required for the residential units at 521 S. Gilbert Street to be provided in the parking area located immediately west of Maiden Lane and north of Prentiss Street, subject to installation and maintenance of signs reserving three parking spaces on the east edge of the off-site parking area for use by residents at 521 S. Gilbert Street, and written documentation that the option to renew the off-site parking area lease agreement has been exercised. 5. EXC95-0025. Public hearing on a request submitted by Steve van der Woude for a special exception to permit a front yard modification for property located in the RS -8 zone at 519 Brown Street. Findings of Fact: The Board finds the proposed yard modification will allow a front porch to be constructed that will not be obtrusive in qualitative terms, but will be compatible with a majority of nearby residential structures. The extra wide 80 -foot Brown Street right-of-way also serves to offset the appearance of encroachment within this streetscape. The addition of a front porch to the residence will upgrade the property and help restore the historic and architectural appeal of the structure. The Board further finds that because the property is located in the Brown Street Historic District, a certificate of appropriateness must be approved by the Iowa City Historic Preservation Commission before the applicant can proceed with exterior renovations. The Board would not be opposed to scaling back the length of the porch as long as the porch does not encroach any closer to the Brown Street right-of-way than is permitted under this exception. Conclusions of Law: The Board concludes that the applicant has met the specific requirements of City Code section 14 -6Q -4B, permitting exceptions to established setbacks, and complies with 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 EXC95-0025, a special exception to reduce the front yard requirements from 15 feet to 9.5 feet for the 20 foot length of the porch for property located in the RS -8 zone at 519 Brown Street, subject to the applicant receiving an approved certificate of appropriateness from the Iowa City Historic Preservation Commission. TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on Applicant action, shall expire without further Board action six (6) months from the date the orders 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 14-413-5E, City of Iowa City, Iowa. cn U) Patricia Eckhardt, Chairperson n ?AGE 216 ' Iowa City Board Of Adjustment Decisions September 13, 1995 Page 5 Appr ved by 0 Cn U G. Ci Attorney's ffice Url STATE OF IOWA 1 CD . 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 September, 1995, as the same appears of record in my Office. Dated at Iowa City, this �2 5 day of 1995. mins\boa9-13.dec AJ 2e �� Marian K. Karr, City Clerk CORPORATE SEAL .:.1974 nci 217 h 008361 FILED ._______ ok DE,—,ISIONS 1995 OCT 25 H 8: 27 IOWA CITY BOARD OF ADJUSTMENT � WEDNESDAY, OCTOBER 11, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS C` MEMBERS PRESENT: Susan Bender, Lowell Brandt, William Haigh, Patricia Eckhardt, +"' Tim Lehman _� Z MEMBERS ABSENT: None STAFF PRESENT: Anne Burnside, Melody Rockwell, Ron Boose, Jeff'Harirra�r OTHERS PRESENT: Reverend Jong Koo Lee, Donald K. Vrchoticky SPECIAL EXCEPTION ITEMS: 1. EXC95-0022. Public discussion of a request submitted by the All Nations Baptist Church for a special exception to expand a religious institution for property located in the RS -5 zone at 1715 Mormon Trek Boulevard. Findings of Fact: The Board finds the modular addition to be an acceptable, temporary expansion of a religious institution. Because of the size of the site, the addition will be located a substantial distance from residential properties, and should not impede the enjoyment of neighboring properties or affect their redevelopment. The Board finds that no off-site parking should occur as a result of allowing the temporary worship center. The Board also finds that the modular addition needs to be architecturally integrated with the existing church structure to be considered one building, and thereby comply with the RS -5, Low Density Single -Family Residential Zone require- ments that allow only one principal building per lot. The Board expresses its appreciation for the effort the church has made to comply with City Code require- ments. The Board notes that there have been no indications of neighborhood opposition to the church's proposed expansion. Conclusions of Law: The Board concludes that the applicant has met the specific standards for expanding a religious institution, as set forth in City Code sections 14- 613-2132, permitting religious institutions in the RS -5 zone, and 14-6L-10, additional regulations for religious institutions. The Board further concludes that with the conditions for approval, the applicant has satisfied the general standards for granting a special exception, as set forth in City Code Section 14-413-4B. Disposition: By a vote of 5-0, the Board approved EXC95-0022, a special exception to expand a religious institution use, that is, to allow installation of a 15 foot by 76 foot modular building attached on the northwest side of the existing All Nations Baptist Church for property located in the RS -5 zone at 1715 Mormon Trek Boulevard, subject to the stipulations that 1) use of the modular building addition on 1715 Mormon Trek Boulevard property should not exceed a period of 24 months, and 2) the temporary modular addition should be constructed as an integral addition to the existing church structure in order to function as one structure. v,-1987 AGE 223 Bdard of Adjustment Decisions October 11, 1995 Page 2 2. EXC95-0026. Public discussion of a request submitted by Merlin Hamm for special exceptions to allow dwelling units above the ground floor of a commercial use and to modify the screening requirements for a parking area for property located in the CC -2 zone at 1108-1110 Dodge Street. Findings of Fact: The Board finds that the applicant has not demonstrated that sufficient parking can be provided on the site to serve the proposed residential units. The applicant is trying to intensify the use beyond the capacity of the site to support it. This would likely create spillover parking on St. Clement's Alley, the narrow, unpaved street adjacent to the 1108-1110 Dodge Street property. No on -street parking is permitted on Dodge Street, the other street adjacent to the applicant's property. The Board agrees with the neighboring property owners' statements that the proposal for residential use of the property will add to the vehicular congestion experienced in this Dodge Street area. The Board does not favor approving residential development in a commercial area where near industrial impacts of noise and semi - truck traffic exists. The Board finds that the proposal is in conflict with the arterial street plan element of the City's Comprehensive Plan. The Dodge Street corridor in the vicinity of the applicant's property has severe capacity constraints and substantial congestion. The Board finds it would not be prudent in terms of the public welfare or the potential negative impacts on neighboring properties to approve residential uses that will become nonconforming when the adopted arterial street system plan is implemented in the Dodge Street corridor. Conclusions of Law: The Board concludes that the specific requirements for permitting residential uses above a ground floor commercial use, as provided for in City Code section 14 -6E -5D5, have been met in terms of the density and screening requirements, but not the suitability or parking standards. The Board further concludes that the general standards for granting a special exception, as set forth in City Code section 14- 46-46, have not been met by the applicant in that the proposal is contrary to the City's Comprehensive Plan. Without the provision of sufficient parking, the public welfare as well as the use and enjoyment of neighboring properties would be negatively impacted by the proposed residential use of the property. Disposition: By a vote of 0-5 on an affirmative motion, the Board denied EXC95-0026, a special exception to permit two three-bedroom apartments and one efficiency apartment above a commercial use for property located in the CC -2 zone at 1108- 1110 N. Dodge Street. MF V,_ 1987 r4cE 224 Board'ol Adjustment Decisions October 11, 1995 Page 3 TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on Applicant action, shall expire without further Board action six (6) months from the date the orders 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 14-46-5E, City of Iowa City, Iowa. Patricia Eckhardt, Chairperson �a a cn Approved by *n C—N City torney's Offico o 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 11th day of October, 1995, as the same appears of record in my Office. Dated at Iowa City, this Z`fAl� day of T)c4 Ac.- , 1995. mins\boa10-11.dec Maria K. Karr, City Clerk CORPORATE SEAL -1987 ?A> f 225 ti b