HomeMy WebLinkAbout1996 Board of Adjustment DecisionsPrepared by Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 10, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT
STAFF PRESENT
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
Lowell Brandt, Patricia Eckhardt, William Haigh,
Susan Bender
Anne Burnside, Melody Rockwell
None
1 . EXC93-0001. Public hearing on a request submitted by the Heritage Christian School
to extend to July 1, 1996, a Board of Adjustment decision made on February 10,
1993, that permitted an increase in the student enrollment limit for a religious
institution (school) from 60 children to 100 children for the Heritage Christian School
located in the CC -2 zone at 1470 First Avenue.
Findings of Fact: The Board finds that the requested extension for a five month period
is reasonable. Allowing the school to continue to operate at its present location until
the end of the school year should not create negative impacts for neighboring property
owners. No complaints have been received concerning the school while it has
functioned at a higher enrollment level during the past three years. The Board finds
that the Heritage Christian School intends to relocate and start its Fall 1996 term on
a property located outside of Iowa City, which will eliminate concerns about the higher
enrollment level being located in the CC -2 zone at the 1470 First Avenue property.
Conclusions of Law: The Board concludes that the applicant continues to meet the
standards for expanding a religious institution in the CC -2 zone, as set forth in City
Code Section 14 -6E -5D7, and the extension as requested is reasonable. The Board
further concludes that the applicant has satisfied the general standards for granting
and therefore extending a special exception, as set forth in City Code Section 14-46-
46.
Disposition. By a vote of 4-0, the Board approved the extension of the Board of
Adjustment decision (EXC93-0001) made on February 10, 1993, that permitted an
increase in the student enrollment limit from 60 children to 100 children for the
Heritage Christian School located in the CC -2 zone at 1470 First Avenue. In effect,
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Prepared by Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 10, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT
STAFF PRESENT
OTHERS PRESENT:
SPECIAL EXCEPTION ITEM:
Lowell Brandt, Patricia Eckhardt, William Haigh,
Susan Bender
Anne Burnside, Melody Rockwell
None
1 . EXC93-0001. Public hearing on a request submitted by the Heritage Christian School
to extend to July 1, 1996, a Board of Adjustment decision made on February 10,
1993, that permitted an increase in the student enrollment limit for a religious
institution (school) from 60 children to 100 children for the Heritage Christian School
located in the CC -2 zone at 1470 First Avenue.
Findings of Fact: The Board finds that the requested extension for a five month period
is reasonable. Allowing the school to continue to operate at its present location until
the end of the school year should not create negative impacts for neighboring property
owners. No complaints have been received concerning the school while it has
functioned at a higher enrollment level during the past three years. The Board finds
that the Heritage Christian School intends to relocate and start its Fall 1996 term on
a property located outside of Iowa City, which will eliminate concerns about the higher
enrollment level being located in the CC -2 zone at the 1470 First Avenue property.
Conclusions of Law: The Board concludes that the applicant continues to meet the
standards for expanding a religious institution in the CC -2 zone, as set forth in City
Code Section 14 -6E -5D7, and the extension as requested is reasonable. The Board
further concludes that the applicant has satisfied the general standards for granting
and therefore extending a special exception, as set forth in City Code Section 14-46-
46.
Disposition. By a vote of 4-0, the Board approved the extension of the Board of
Adjustment decision (EXC93-0001) made on February 10, 1993, that permitted an
increase in the student enrollment limit from 60 children to 100 children for the
Heritage Christian School located in the CC -2 zone at 1470 First Avenue. In effect,
Board of Adjustment Decision
January 10, 1996
Page 2
the Board changed the expiration date for EXC93-0001 from February 10, 1996 to
July 1, 1996.
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, City
of Iowa City, Iowa. o
Patricia Eckhardt, Chairperson
/Approved by
City Attorne s ffice
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 January,
1996, as the same appears of record in my Office.
Dated at Iowa City, this day of 1996.
Maria K. Karr, City Clerk
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Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
DECISIONS FILED NG._ !16_944
IOWA CITY BOARD OF ADJUSTMENT 600K olv�/Cr GE
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WEDNESDAY, MARCH 13, 1996 - 4:30 P.M. 1996 MAR 20 AM 8: 20
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, W X146
Tim Lehman F1FCNO'R '+
JUiiN_"N C.,.IPWA
MEMBERS ABSENT: None
STAFF PRESENT: Anne Burnside, Melody Rockwell, Ricardo Contreras
OTHERS PRESENT: Harry Wolf, John Moreland, Jr., Mike Hahn, Mitch Peters, Steve
Moss, Dave Wooldrik
SPECIAL EXCEPTION ITEMS:
EXC96-0001. Public hearing on an application submitted by Southgate Development
Company, Inc. for special exceptions to permit 1) dwelling units above the ground floor
of a commercial use, 2) restaurants over 2,500 square feet in size, 3) a reduction in
the front yard setback requirement along Mormon Trek Boulevard, 4) off-street parking
located on a separate lot, and 5) an appeal of the steep slopes regulations of the
Sensitive Areas Ordinance.
Findings of Fact.
Concerning the request for dwelling units above a commercial use, the Board finds that
the residential units, as designed with a residential entrance/facade, connecting
pedestrian walkways, a shared residential parking access drive, and residential parking
that is located separate from the commercial side of the property, are compatible and
well -integrated with adjacent residential development to the north and the west.
The Board finds that it is reasonable to permit two restaurants up to 3,200 square feet
in size to be pre -approved, in that it will allow restaurants appropriate in size for the
Neighborhood Commercial (CN -1) zone. The Board observed that restaurants larger
than 2,500 square feet in size are needed in this area of the community.
The Board finds that the design of the shared access drive and parking on a separate
lot is sensitive to the adjacent residential areas and enhances public safety by reducing
potential vehicular traffic conflicts on Westwinds Drive.
2052 ?ACE 70
Board of Adjustment Decisions
March 13, 1995
Page 2
The Board finds that the requested reduction in the
along Mormon Trek Boulevard combined with the
landscaping will create a frontage that is consistent
the property to the south.
front yard setbag't requitement
requirement for City-aV$roved
with the landscaped frontage for
The Board finds that the proposed development will encroach primarily in slopes that
are less than 25%. The slopes regulations of the Sensitive Areas Ordinance can be
adequately handled administratively through a site plan review process. Administrative
review can address whether the stability of the slope will be undermined by the
proposed development. The slope in question is a human -made, constructed slope that
is not wooded or associated with other sensitive features, such as wetlands or stream
corridors. The intent of the Sensitive Areas Ordinance should be maintained in that
environmentally sensitive areas do not appear to be threatened by this project. The
Board finds that delay could jeopardize the neighborhood commercial development, and
thereby deny the beneficent use of the property.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting 1) a special exception to permit dwelling units above the
ground floor of uses permitted in the CN -1 zone, as set forth in City Code subsection
14 -6E -2D1; 2) a special exception to permit restaurants that exceed 2,500 square feet
in size, as set forth in City Code subsection 14 -6E -2D6; 3) a special exception to allow
off-street parking and drives to be located on a separate lot, as set forth in City Code
subsection 14-6N-1 C; 4) a special exception to reduce a front yard requirement, as set
forth in City Code subsection 14 -6Q -4B; and 5) a special exception appealing the
regulations of the Sensitive Areas Ordinance, as set forth in City Code subsection 14-
6K -1O. The Board further concludes that the applicant has satisfied the general
standards for granting the five special exceptions, as set forth in City Code subsection
14 -4B -4B.
Disposition. The Board approved the following special exceptions for property located
in the CN -1 zone at 701 Mormon Trek Boulevard and stipulated that the Board decision
would extend for a period of 24 months for all five special exceptions:
By a vote of 5-0, the Board approved a special exception to permit second floor
dwelling units requiring up to 22 parking spaces, subject to a maximum of 24
parking spaces being located in the west parking area that is specifically
intended to serve the residential units.
By a vote of 5-0, the Board approved a special exception to allow two
restaurants that each are larger than 2,500 square feet in size, but have a
maximum floor area not to exceed 3,200 square feet of floor area.
By a vote of 5-0, the Board approved a special exception to permit off-street
parking and a shared access drive on a separate lot to the west, subject to
construction of the connecting four -foot wide sidewalk along the north side of
Westwinds Drive between the CN -1 zone boundary and the existing residential
sidewalk to the west.
2 52 ?AGE 71
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front yard setbag't requitement
requirement for City-aV$roved
with the landscaped frontage for
The Board finds that the proposed development will encroach primarily in slopes that
are less than 25%. The slopes regulations of the Sensitive Areas Ordinance can be
adequately handled administratively through a site plan review process. Administrative
review can address whether the stability of the slope will be undermined by the
proposed development. The slope in question is a human -made, constructed slope that
is not wooded or associated with other sensitive features, such as wetlands or stream
corridors. The intent of the Sensitive Areas Ordinance should be maintained in that
environmentally sensitive areas do not appear to be threatened by this project. The
Board finds that delay could jeopardize the neighborhood commercial development, and
thereby deny the beneficent use of the property.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting 1) a special exception to permit dwelling units above the
ground floor of uses permitted in the CN -1 zone, as set forth in City Code subsection
14 -6E -2D1; 2) a special exception to permit restaurants that exceed 2,500 square feet
in size, as set forth in City Code subsection 14 -6E -2D6; 3) a special exception to allow
off-street parking and drives to be located on a separate lot, as set forth in City Code
subsection 14-6N-1 C; 4) a special exception to reduce a front yard requirement, as set
forth in City Code subsection 14 -6Q -4B; and 5) a special exception appealing the
regulations of the Sensitive Areas Ordinance, as set forth in City Code subsection 14-
6K -1O. The Board further concludes that the applicant has satisfied the general
standards for granting the five special exceptions, as set forth in City Code subsection
14 -4B -4B.
Disposition. The Board approved the following special exceptions for property located
in the CN -1 zone at 701 Mormon Trek Boulevard and stipulated that the Board decision
would extend for a period of 24 months for all five special exceptions:
By a vote of 5-0, the Board approved a special exception to permit second floor
dwelling units requiring up to 22 parking spaces, subject to a maximum of 24
parking spaces being located in the west parking area that is specifically
intended to serve the residential units.
By a vote of 5-0, the Board approved a special exception to allow two
restaurants that each are larger than 2,500 square feet in size, but have a
maximum floor area not to exceed 3,200 square feet of floor area.
By a vote of 5-0, the Board approved a special exception to permit off-street
parking and a shared access drive on a separate lot to the west, subject to
construction of the connecting four -foot wide sidewalk along the north side of
Westwinds Drive between the CN -1 zone boundary and the existing residential
sidewalk to the west.
2 52 ?AGE 71
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Board of Adjustment Decisions
'March 13, 1995 c—. m.
Page 3
r -v
By a vote of 5-0, the Board approved a special exception to race tib front
yard requirement along Mormon Trek Boulevard from 20 feet to 10 for tett 306 -
foot east edge of the proposed parking area, subject to implementation and
maintenance of a landscape plan for the Mormon Trek Boulevard frontage. The
landscape plan should be approved by the City and should provide additional
evergreen landscaping to provide effective screening between the proposed
loading dock on the east side of the east building on the site and Mormon Trek
Boulevard.
By a vote of 4-1, with Brandt voting no, the Board approved a special exception
to permit administrative site plan review of development on a property
containing critical and protected slopes.
2. EXC96-0003. Public hearing on an application submitted by Steve Moss for the Iowa
City Tennis & Fitness Center for special exceptions to permit a reduction in off-street
parking requirements and an appeal of the steep slopes regulations of the Sensitive
Areas Ordinance.
Findinas of Fact:
The Board finds the applicant has demonstrated that the parking requirements for the
fitness center are too restrictive. The survey results of parking availability and fitness
center usage provided by the applicant, and validated by City staff, indicate that
sufficient parking should be available even with a 50% reduction in the parking
requirement for the two additions. Increasing the size of the weight room will increase
the safety for the fitness center clientele, but will not increase the demand for parking
over and above what is currently available in the existing parking area. The 24
additional parking spaces should adequately serve the additional clientele accessing the
two, new tennis/volley ball courts.
The Board finds that the slopes on the site are on the opposite side of the building
from where the weight room addition is proposed to be located. The weight room is
proposed to be constructed on relatively flat ground, and will not impact the steep
slopes on the site. Allowing the construction of the weight room to be handled
administratively through the site plan review process will not contravene the intent of
the Sensitive Areas Ordinance. The Board finds that it is prudent, practical and
reasonable to allow the weight room addition to proceed; to expedite the process of
providing a safer environment for the fitness center members while not causing harm
to the environment. A delay for no reasonable purpose amounts to a denial of
beneficent use of the property.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting a special exception to reduce the off-street parking
requirement, as set forth in City Code subsection 14-6N-1 H; and a special exception
appealing the regulations of the Sensitive Areas Ordinance, as set forth in City Code
subsection 14-6K-1 O. The Board further concludes that the applicant has satisfied the
?052 AGE 72
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Board of Adjustment Decisions t j
'March 13, 1995 C-3 — m
Page 4 -±±: CO
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general standards for granting the two special exceptions, as set foi 3> Cit Com
subsection 14-46-4B. ry
Disposition. By a vote of 5-0, the Board approved a special exception to reduce the
parking requirements by 50% for a 3,310 square foot expansion of the weight room
area and the addition of two tennis/volleyball courts from 47 to 24 required off-street
parking spaces with the stipulation that the required parking be provided prior to the
issuance of a certificate of occupancy for the tennis/volleyball courts addition; and
approved a special exception to exempt the weight room expansion from the rezoning
requirements of the steep slopes regulations of the Sensitive Areas Ordinance.
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 -46 -SE, City
of Iowa City, Iowa.
ti
Patricia Eckhardt, Chairperson
Ap oved by
ity Attor y's Office
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 13th day of March,
1996, the same appears of record in my Office.
Dated at Iowa City, this Ir day of /r/kie� , 1996.
mins\boa3-13.dec
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Mar n K. Karr, City Clerk
2052 PACE 73
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Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 5224p; -.?19/3"-5254-
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT CD
WEDNESDAY, APRIL 10, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS o
BOARD MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, Bill Haigh,
Tim Lehman
BOARD MEMBERS ABSENT: None c�
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STAFF PRESENT: Anne Burnside, Melody Rockwell, Jeff Haring
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OTHERS PRESENT: Mike Hahn, Boyd Crosby, Rex Brarvd tatter, Tom
Downing, Gregory Cilek, Paula Brandt, Wanda--Wilker,
Mike Cilek J'
SPECIAL EXCEPTION ITEMS: ry
1. EXC96-0003. Public hearing on a request by Steve Moss for the Iowa City Tennis and
Fitness Center to amend the March 13, 1996, Board of Adjustment decision approving
special exceptions to modify the off-street parking requirements and to appeal the
steep slopes regulations of the Sensitive Areas Ordinance for property located in the
CH -1 zone at 2400 N. Dodge Street.
Findings of Fact. The Board finds the applicant has demonstrated that the parking
requirements for the fitness center are too restrictive. The survey results of parking
availability and fitness center usage provided by the applicant, and validated by City
staff, indicate that sufficient parking should be available even with the 36% reduction
in the parking requirements for the existing facility, the locker room addition and the
batting cages addition. The Board finds that the existing parking area will be upgraded
with the proposed expansion of the facility.
The Board finds that the slopes on the site are on the opposite side of the building
from where the batting cages addition is proposed to be located. The batting cages
are proposed to be located on relatively flat ground, and will not impact the steep
slopes on the site. Allowing the construction of the batting cages to be handled
administratively through the site plan review process will not contravene the intent of
the Sensitive Areas Ordinance. The Board finds that it is prudent, practical and
reasonable to allow the batting cages addition to proceed; that a delay for no
reasonable purpose amounts to a denial of beneficent use of the property.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting a special exception to reduce the off-street parking
requirement, as set forth in City Code subsection 14-6N-1 H; and a special exception
appealing the regulations of the Sensitive Areas Ordinance, as set forth in City Code
subsection 14-6K-10. The Board further concludes that the applicant has satisfied the
general standards for granting the two special exceptions, as set forth in City Code
subsection 14 -4B -4B.
Board of Adjustment Decisions
April 10, 1996
Page 2
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Disposition: By a vote of 5-0, for property located in the CH -1 zone at 2lQO N.58odgas
Street, the Board approved an amendment to EXC96-0003 to reduc�.tihe l&kinfr
requirements by 36% for the existing facility, the 2,500 square fool;-_Wker�oom j
expansion and the 2,100 square foot batting cages from 21 2 to 136 requ11
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parking spaces, and by a vote of 5-0, approved an amendment to EX59= 01t9 to
exempt the batting cages addition as well as the weight room expanse fronrthe
rezoning requirements of the slopes regulations of the Sensitive Areas Ordinaannce,
subject to administrative site plan review of the batting cages and weight room
additions.
2. EXC96-0004. Public hearing on a request submitted by the Elks Club for a special
exception appealing the steep slopes regulations of the Sensitive Areas Ordinance for
property located in the ID -RS zone at 600 Foster Road.
Findings of Fact. The Board finds that the proposed golf cart storage building project
is a small-scale development that will encroach in slopes that are less than 25%, and
the slopes regulations of the Sensitive Areas Ordinance can be addressed administra-
tively through a site plan review process. The Board finds that the proposed storage
building will be centrally located at a considerable distance from the Elks Club
boundaries, and the effects of any siltation or slope instability resulting from the
storage building project will impact the Elks Club property, not adjacent properties.
The Board finds that the applicant meets the criteria for granting a special exception
to the Sensitive Areas Ordinance in that the proposed alterations will allow for
reasonable, beneficial use of the property with minimum impact on sensitive areas on
the site. Given the season, it is prudent to allow a project, which will have no
detrimental impact on the public health, safety and welfare, to proceed.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting a special exception appealing the regulations of the Sensitive
Areas Ordinance, as set forth in City Code subsection 14-6K-10. The Board further
concludes that the applicant has satisfied the general standards for granting the special
exception, as set forth in City Code subsection 14 -4B -4B.
Disposition. By a vote of 5-0, the Board approved EXC96-0004, a special exception
to exempt construction of a 10 -foot by 66 -foot golf cart storage building on a 24.5%
slope approximately 15 feet north of existing tennis courts from the rezoning
requirements of the slopes regulations of the Sensitive Areas Ordinance, subject to
administrative site plan review of the golf cart storage building project for property
located in the ID -RS zone at 600 Foster Road.
3. EXC96-0005. Discussion of a request submitted by Aaron Gwinnup, on behalf of
property owner Gregory Cilek, for a special exception to modify the front yard
requirement along N. Gilbert Street for property located in the Brown Street Historic
District in the RS -5 zone at 404 E. Brown Street.
Findings of Fact. The Board finds that the proposed exterior renovation of the home
at 404 E. Brown Street will upgrade the property and will be a major asset to the
neighborhood. The encroachment of the screened -in porch and deck into the required
front yard will be extremely modest, and will be ameliorated by the extra -wide Gilbert
Street right-of-way and the change in grade and existing trees between the street and
the house. The yard modification will not be detrimental to the neighbors, and will not
Board of Adjustment Decisions
April 10, 1996
Page 3
create negative impacts for public health, safety and welfare. The Board finds that the
screened -in porch and deck are appropriate, reasonable additions for a residence. The
Board focused its consideration on the specific, requested yard modification, and
deferred design and historic preservation issues to the Historic Preservation
Commission for its consideration.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting a special exception to modify the front yard requirement
along Gilbert Street, as set forth in City Code subsection 14 -6Q -4B, Exceptions for
Established Setbacks. The Board further concludes that the applicant has satisfied the
general standards for granting the special exception, as set forth in City Code
subsection 14 -4B -4B.
Disposition. The Board approved, by a vote of 4-0-1 with Brandt abstaining due to
conflict of interest, EXC96-0005, a special exception to reduce the front yard setback
requirements along Gilbert Street from 20 feet to 9.5 feet for the 13.5 -foot length of
the screened -in porch, and from 12 feet to 9.5 feet for the 17.5 -foot length of the
deck for property located in the RS -5 zone at 404 Brown Street, subject to the
applicant receiving an approved certificate of appropriateness from the Iowa City
Historic Preservation Commission.
TIME LIMITATIONS: rn
C:) a i.
All orders of the Board, which do not set a time limitation on Applicant action�liall moire
(6) months from the date they were filed with the City Clerk, unless the Applicant sFll ha-Vt
taken action within such time period to establish the use or construct the-im.prq_Vrn
authorized under the terms of the Board's order of decision. City Code Section 1!! 413 -SE,
of Iowa City, Iowa. (D
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Patricia Eckhardt, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Appr ved bdK-y
Attorney's ic(e` /
4` kll�
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 April,
1996, the same appears of record in my Office.
Dated at Iowa City, this LZ day of APC:11 1996.
Marian K. Karr, City Clerk
ppdadm1nlbaa4.1 Mac
FEE
DECISIONS it
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 8, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT
SPECIAL EXCEPTION ITEM:
Susan Bender, Lowell Brandt, Patricia Eckhardt,
Tim Lehman
None
Anne Burnside, Scott Kugler, Jeff Haring
Steve Kohli, John Streit, Ada Streit
FILE�J- 110' 1021209
aom2083 1-37
1996 MAY 20 AN 8: 49
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EXC96-0007. Public hearing on a request submitted by Steve Kohli for special excep-
tions 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 3,376 square foot restaurant
meets the intent of the CN -1 Neighborhood Commercial zone. The scale of the
proposed restaurant will be compatible with the surrounding residential neighborhood.
The Board further finds that the proposed parking modification allowing up to 35
parking spaces versus the allowable 16 parking spaces, will not have a detrimental
effect on surrounding properties, provided that curbing is installed around the perimeter
of the parking lot. The Board also finds that the proposed expansion of the parking lot
of up to 11 additional parking spaces may not be consistent with recent ordinance
amendments aimed at reducing the amount of parking in the CN -1 zone, and therefore,
the expansion should not occur unless the applicant clearly demonstrates to the
Director of Planning and Community Development, afterthe building has been occupied
for a period of six months, that the expansion is justified.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements of City Code subsection 14 -6E -2D4 for granting a special exception to
permit a restaurant with a floor area larger than 2,500 square feet in the Neighborhood
Commercial (CN -1) zone, and City Code subsection 14 -6N -1J for a special exception
to allow parking in excess of 110% of the required parking for a restaurant in the CN -1
zone. The Board also concludes that the applicant has met the intent of the CN -1 zone
and other applicable City regulations, subject to the conditions mentioned above
regarding the installation of curbing and expansion of the parking lot. The Board
further concludes that the applicant has satisfied the general standards for granting the
two special exceptions, as set forth in City Code subsection 14-413-46.
Disposition: By a vote of 5-0, the Board approved EXC96-0007, a request for special
exceptions to allow a restaurant up to 3,376 square feet in size, and to modify the
parking requirements to allow 35 parking spaces to be installed on property located in
the CN -1 zone at 200 Scott Court, conditioned upon the installation of curbing at the
east end of the 35 space parking lot, and that the "landbanked" parking area shown
on the site plan, containing up to 11 additional parking spaces, may be installed only
upon approval by the Director of Planning and Community Development if the appli-
cant, after a period of at least six months from the date of occupancy of the building,
clearly demonstrates a need for the additional parking.
ti':- 083 3GE 307
Board of Adjustment Decisions
May 8ti 1996
Page 2
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 Code of Iowa City, Iowa.
r-J4-ta &,"Jr
Patricia Eckhardt, Chairperson
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 May, 1996,
as the same appears of record in my Office.
Dated at Iowa City, this
ppdadmin\mm1boa5-8.dec
17th day of May
1996.
383.'r,c( 308
Mari K. Karr, City Clerk
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96 JUN 26 Pi't 3: SO
Prepared by Melody Rockwell, Associate "i I'aington, Iowa City, IA
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 12, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
`024632
�,(►)
1996 JUN, 28 AR 8: 29
52240; 319/356-5251•
BOARD MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, Bill Haigh,
Tim Lehman
BOARD MEMBERS ABSENT: None
STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, Jeff Haring
OTHERS PRESENT: Thomas Nicknish, Gene Kroeger, Don Vrchoticky, Chuck
Mullen, Chalmers (Bump) Elliott, Nancy Lynch, Albert
Hood, Jean Hood, Jacob Sines, John Delaney, Nancy
Seiberling
SPECIAL EXCEPTION ITEMS:
1. EXC96-0008. Public hearing on an application submitted by Towncrest Internal
Medicine for a special exception to permit a reduction in the off-street parking
requirement for property located in the CO -1, Commercial Office, zone at 2440-2460
Towncrest Drive.
Findings of Fact: The Board finds that the proposed interior renovations by Towncrest
Internal Medicine will cause minimal changes in terms of parking demand and use of
the existing, on-site parking area located at 2440-2460 Towncrest Drive. The
applicant proposes a reorganization of interior building space, not a major expansion.
t he i, i:;u'ii;&I C;lii':... nc ds aaddit 3n :! spcc,. for storing eccrds and to accommodate
large, diagnostic equipment. With a condition on the parking reduction exception that
limits the type of use on the two properties to a medical clinic use, the available on-site
parking should be adequate; a 20% reduction in required parking is reasonable for this
use on this site. The Board finds that the clinic provides an important health service
to the community, and the proposed renovation and expansion of the clinic will
improve the efficiency of its health service delivery.
Conclusions of Law: The Board concludes that the applicant has demonstrated that
this medical clinic use has characteristics such that the number of parking spaces
required in this instance is too restrictive, and said applicant has met the requirements
for granting a special exception to reduce the off-street parking requirement, as set
forth in City Code subsection 14 -6N -1H. The Board further concludes that the
, 2111 e4cf 197
Board of Adjustment
June 12, 1996
Page 2
applicant has satisfied the general standards for granting the requested special
exception, as set forth in City Code subsection 14-413-413.
Disposition. By a vote of 5-0, the Board approved EXC96-0008, a special exception
to reduce the parking requirements by 20%, from 115 parking spaces to 92 parking
spaces, for property located in the CO -1 zone at 2440-2460 Towncrest Drive, subject
to the Board's decision applying only to a medical clinic use of the properties as
proposed by Towncrest Internal Medicine in May 1996.
2. EXC96-0009. Public hearing on an application submitted by Dick Smiego, on behalf
of property owners Charles and Ettajane Curl, for a special exception to permit a
dwelling unit above a ground floor commercial use in the CC -2 zone for property
located at 1114 N. Dodge Street.
Findings of Fact. The Board finds that the property for which the request is made is
located in an area of transition; single-family homes in the Dodge Street commercial
zone are being converted to commercial uses. The proposed residential use (one three-
bedroom apartment) should have a minimal effect on the commercial development
proposed for the 1114 N. Dodge Street property. The parking area and building are
proposed to be set back from the Dodge Street frontage, which will allow City -
scheduled street widening to occur in the future without displacement of parking
spaces or structures on this site. Landscaping will be provided on the site to buffer
adjacent residential properties from the proposed commercial use. With the special
exception request limited to one, three-bedroom apartment, the Board does not
envision that spillover parking will occur. The Board finds that the property has not
been surveyed recently, and affirms that in the event the property dimensions are less
than necessary to comply with Zoning Chapter regulations, the residential use cannot
be permitted.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements of City Code subsection 14 -6E -5D5, permitting dwelling units above the
ground floor of another principal use as permitted in the CC -2 zone. The Board also
concludes that the applicant has met the general standards for granting a special
iiGii t. gni.. 3na, tl':Lcbadre_,.. 'cpSrtme!'t, as sot forth in Cit" Code
subsection 14-413-413.
Disposition. By a vote of 5-0, the Board approved EXC96-0009, a special exception
to permit one second -story dwelling unit with a maximum of three bedrooms to be
established above a ground floor commercial use for property located in the CC -2 zone
at 1114 N. Dodge Street, subject to the development complying with Zoning Chapter
regulations, including setback, screening and parking requirements.
3. EXC96-0010. Public hearing on an application submitted by P.J.I.A., L.C., on behalf
of property owner CRANDIC Railway Company, for three special exceptions to: 1)
permit a restaurant use, 2) allow a reduction in required off-street parking, and 3)
permit parking on a separate lot for property located in the CO -1, Commercial Office,
zone at 2 Rocky Shore Drive.
V, - 2-111 nu 198
Board of Adjustment
June 12, 1996
Page 3
Findings of Fact. The Board finds that a use which is not permitted by right, but is
permitted by special exception, requires a more stringent review that should address
the impacts of such a use upon neighboring uses and existing infrastructure. Locating
a fairly intense commercial use, such as a pizza delivery/carryout business, immediately
adjacent to the Highway 6/Rocky Shore Drive interchange, an already high traffic,
congested intersection, is not advisable for safety reasons. The Board finds that the
problems already existing with the intersection may increase when the mall in Coralville
opens up.
Reasonable use should be permitted on the property, and several of the uses permitted
by right would be more compatible with the adjacent uses and better assimilate those
difficult characteristics of the site. An office commercial use or medical clinic would
be more appropriate adjacenttothe Highway 6/Rocky Shore Drive intersection because
these businesses generate less traffic. The proposed pizza delivery/carryout business
will be more intensive in terms of the volume of traffic it generates, and the need to
deliver pizza quickly would be frustrated by the prevalent delays and queuing of traffic
at the Highway 6/Rocky Shore Drive intersection. This is likely to cause precipitous
turns into queued and turning traffic, and will likely generate right-hand turns directing
commercial traffic (pizza delivery vehicles) into the residential neighborhood to the
north. Further, sight distance to the north of the proposed access is hindered by the
railroad overpass.
The Board finds the proposed pizza carryout/delivery business will create negative
impacts of traffic and noise on nearby residential properties, and would constitute a
public safety hazard, not only at the Highway 6 Rocky Shore Drive intersection, but
also on the narrow, steep residential streets of Dill Street and River Street, and in the
vicinity of Lincoln Elementary School. The Board finds that one purpose of the
Commercial Office (CO -1) zone is to serve as a buffer between residential uses and
more intense commercial/industrial uses, and the appearance and operation of the
proposed restaurant would be counter to this intent and eviscerate the purpose of this
parcel's zoning. Further, as the property serves as an entryway to Iowa City, the
Board finds that an extension of the existing commercial strip development to this area
is not appropriate.
Conclusions of Law. In accordance with City Code subsection 14 -4B -4B, the Board
concludes that the applicant has not met the general standards concerning public
safety and welfare, preserving the enjoyment and value of nearby properties, and
maintaining the buffering intent of the CO -1 zone. Although the applicant has
documented that a reduction in parking may be warranted, as set forth in City Code
subsection 14-6N-1 H, and that parking on a separate lot is appropriate in this case, as
set forth in City Code subsection 14 -6N -1C, the Board cannot support permitting a
restaurant use in the CO -1 zone at this location, as allowed by City Code subsection
14-6E-1 D7, due to its public safety concerns about establishing a pizza deliv-
ery/carryout restaurant at the already congested Highway 6/Rocky Shore Drive
intersection and the potential, negative spillover effects on both neighboring properties
and public streets.
v z " 2113 ;,w iS9
Board of Adjustment
June 12, 1996
Pdgc 4
Disposition. By a vote of 0-5 on an affirmative motion, the Board denied EXC96-0010,
a request for three special exceptions for property located in the CO -1 zone at 2 Rocky
Shore Drive 1) to allow a carryout/delivery restaurant with a maximum floor area of
1,349 square feetto be established, 2) to reduce the required off-street parking forthe
carryout/delivery restaurant by 50% from 26.9 parking spaces to 13.45 (13) parking
spaces, and 3) to permit six parking spaces to be located on a separate lot that is
adjacent railroad right-of-way.
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 -SE, City
of Iowa City, Iowa.
------Patricia Eckhardt, Chairperson
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 Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of June,
1996, as the same appears of record in my Office.
Dated at Iowa City, this Ali day of 1996.
Mari'afl K. Karr, City Clerk
mins\boa6-12.dec �pTARCA� SEAL
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FEEFILED�91�
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BOOK �tpFf^,GE�.4.p�
DECISIONS O� � A
IOWA CITY BOARD OF ADJUSTMENT 1996 JUL 24 AA 8: 49
WEDNESDAY, JULY 10, 1996 - 4:30 P.M. �
CIVIC CENTER COUNCIL CHAMBERS L dz"' o-'
W.
MEMBERS PRESENT: Susan Bender, Lowell Brandt, William Haigh
n-� w
MEMBERS ABSENT: Patricia Eckhardt, Tim Lehman r Y+
STAFF PRESENT: Sarah Holecek, Scott Kugler, John Yapp, Jeff Hari.
c
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SPECIAL EXCEPTION ITEMS:
1 . EXC96-001 1. Public hearing on an application submitted by Dr. Chester Pelsang for
special exceptions to permit a front yard modification and to reduce the parking
requirements for property located in the CC -2, Community Commercial zone at 839
S. First Avenue.
Findings of Fact: The Board finds that the encroachment of the proposed five foot by
eight foot vestibule into the required front yard along First Avenue will not have an
adverse impact on the surrounding properties, will not affect sight clearance at the
adjacent intersection, and will not result in a substantial encroachment into the
required front yard (2.5%). The Board further finds that the proposed parking
reduction from eight parking spaces to six parking spaces is justified based on the size
of the existing building on the site and the applicant's statements regarding the
expected frequency of patient visits and staffing based on historical data, provided that
only one physician is practicing out of the facility at any one time. The Board also
finds that the installation of a four foot wide sidewalk along the F Street frontage is
a necessary component of the proposed commercial development of this property.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements of City Code subsection 14 -6Q -4B for granting a special exception to
modify the yard requirements, and has also met the requirements of subsection 14-6N-
1 H for granting a special exception to modify the parking requirements. The Board
also concludes that the applicant has met the intent of the CC -2 zone and other
applicable City regulations, subject to the conditions mentioned above regarding the
installation of a S!de.�^'elk and limiting the proposed use to a med'cal office ::9th one
practicing physician at any one time. The Board further concludes that the applicant
has satisfied the general standards for granting the two special exceptions, as set forth
in City Code subsection 14 -4B -4B.
Disposition: By a vote of 3-0, the Board approved EXC96-001 1, a request for special
exceptions 1) to permit a front yard modification to allow construction of a five foot
by eight foot vestibule in the front yard setback area along First Avenue, and 2) to
reduce the parking requirements from eight parking spaces to six parking spaces for
property located in the CC -2, Community Commercial zone at 839 S. First Avenue,
subject to the use of the property as a medical office that is limited to one practicing
physician at any one time, and subject to the installation of a four foot wide sidewalk
along the F Street frontage of the property as shown on the site plan filed with the
Department of Planning and Community Development on July 10, 1996. By a vote
of 3-0, the Board deferred a request for a third special exception to modify the
screening requirements along the west property line due to insufficient legal notice of
the requested special exception.
X127 nv 170
J
2. EXC96-0013. Public hearing on an application submitted by Timothy R. Schroeder for
a special exception to permit a front yard modification for property located in the RS -5
zone at 221 S. Lowell Street.
Findings of Fact: The Board finds that the proposed front yard modification will allow
a front porch to be constructed that will not have an adverse impact on the
surrounding properties, will not significantly affect the sight clearance of surrounding
properties and of the public right-of-way, and will not result in a substantial
encroachment into the front yard. The addition of the proposed front porch will help
upgrade the property and have a positive affect on the surrounding neighborhood. The
Board would not be opposed to a redesign of the porch, as long as the porch remains
open, and does not encroach any further into the Lowell 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 subsection 14 -6Q -4B, permitting exceptions to established
setbacks, and that the applicant has complied with the general standards for granting
a special exception, as set forth in City Code subsection 14-413-46.
Disposition: By a vote of 3-0, the Board approved EXC96-0013, a special exception
to reduce the front yard requirements along South Lowell Street from 20 feet to
between 14 feet -6 inches and 12 feet for the 25 foot length of the proposed porch for
property located at 221 South Lowell Street, subject to the porch remaining open and
generally conforming with design plans submitted to the Department of Planning and
Community Development on June 13, 1996.
TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on
applicant action, shall expire without further Board action six 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 a use or construct the improvement authorized
under the terms of the Board's order of decision. City Code Section 14-413-4E, City
of Iowa City, Iowa.
B044, mc--ump-p rax/
Bill Haigh, Vice -Chairperson
p ..by
-4 /K
17— -
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9127 ?AGE 171
9
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 10th day of July, 1996,
as the same appears of record in my Office.
Dated at Iowa City, this day of 1996.
ppdadmin%mimXboa7-1 OAEC
�!.filts�sr�
Marian K. Karr, City Clerk
CORPORATE SEAL
127 PACE 172
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110 CD
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Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 66251 1 A/
Zr` � 004626
DECISIONS F i L E 0 NON ___
IOWA CITY BOARD OF ADJUSTMENT 900HZ %PAGE Z T7
WEDNESDAY, AUGUST 14, 1996 - 4:30 P.M. 1996 AUG 28 A� H: 26
CIVIC CENTER COUNCIL CHAMBERS
,
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, Tim (et+rria13� 0 11C4
MEMBERS ABSENT: William Haigh
STAFF PRESENT: Sarah E. Holecek, Melody Rockwell, John Yapp, Jeff Haring
OTHERS PRESENT: John Beasley, Rob Phipps, Nancy Carlson, Julia Rembert, Mike
Hahn, Steve Moss, Bob Michael, Lindsey Bergdale, Tim Russell,
Roger Larson
SPECIAL EXCEPTION/VARIANCE ITEMS:
EXC96-0011. Public hearing on an application by Dr. Chester Pelsang for a special
exception to modify the screening requirements for property located in the CC -2,
Community Commercial zone at 839 S. First Avenue.
Findings of Fact. The Board finds that allowing a six-foot high fence instead of arbor
vitae for screening of the commercial site serves the public interest in that the pro-
posed fence improves the traffic flow on the site and provides a safer means of ingress
and egress for the site. The applicant has satisfactorily addressed the quality and
design issues pertaining to the fence. The Board finds that the fence will adequately
screen the neighboring residential use to the west from the proposed commercial use
on the 839 S. First Avenue property.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for granting a special exception to modify parking area screening require-
ments, as set forth in City Code subsection 14-6N-1 D. The Board further concludes
that the applicant has satisfied the general standards for granting a special exception,
as set forth in City Code subsection 14-413-46.
Disposition: By a vote of 4-0, the Board approved EXC96-0011, a special exception
to modify the screening requirements to allow a six foot high solid wood or board on
board fence along the west lot line in lieu of the required arbor vitae screening for
property located in the CC -2 zone at 839 S. First Avenue, subject to the design of the
fence being generally consistent with that noted in the July 9, 1996, letter from the
applicant's attorney, John Beasley.
2. EXC96-0012/VAR96-0001. Public hearing on an application submitted by Jerry Moritz
and Rick Hanson for a special exception to permit a front yard modification and for a
variance to allow stacked parking (parking spaces one behind the other) for property
V - 147 PACE 297
V
located in the RNC -12, Neighborhood Conservation Residential zone at 1004-1006 E.
Market Street.
Findings of Fact: The Board finds the property meets the uniqueness test due to the
circumstances that created the parking deficit, the layout of the lot with public right-of-
way on three sides, and the way the residential units facing Market Street function as
a duplex. Allowing the parking to stack one behind the other within the existing
driveway maintains the status quo without the need to add paving to the front yard.
The neighboring property owners have expressed a preference for preserving the
integrity of green space along the Market Street frontage.
However, the Board finds it troublesome that required parking spaces are not specifi-
cally reserved for the parking of motor vehicles. The Chairperson is wary of setting
a precedent that allows an advantage to a property without adequate parking and/or
with parking that encroaches into the required front yard for two four-bedroom units.
The Chairperson further finds it inequitable to continue a higher density use than would
ordinarily be permitted in the RNC -12, Neighborhood Conservation Zone, and is unwill-
ing to allow continuing profit for such a situation.
Conclusions of Law: The Board concludes that the applicant has not demonstrated
that a front yard modification is warranted, as set forth in City Code subsection 14-
6Q -4B, or that a variance to allow stacking of parked vehicles, as specified in City
Code subsection 14-6N-1 B2e, should be granted. The Board finds that the general
standards for granting a special exception, as set forth in City Code subsection 14 -4B -
4B, and the public interest and tests of hardships for granting a variance, as set forth
in City Code subsection 14 -4B -4C, have not been met.
Disposition: By a vote of 2-1-1, with Eckhardt voting no and Lehman abstaining due
to conflict of interest, the Board failed to approve EXC96-0012/VAR96-0001, a special
exception to reduce the front yard requirement from 20 feet to 0 feet for the 24 -foot
width of the existing driveway, and a request for a variance to allow the two required
parking spaces per unit to be located one behind the other, to permit required parking
spaces to be located within the existing driveway on property located within the RNC -
12 zone at 1004-1006 E. Market Street, subject to meeting the right-of-way tree
requirements for the property.
3. EXC96-0014. Public hearing on an application submitted by Emergency Housing
Project for a special exception to permit a front yard modification along Davenport
Street for property located in the RNC -12, Neighborhood Conservation Residential zone
at 331 N. Gilbert Street.
Findings of Fact: The Board finds that the amount of encroachment 0.7%) of the
enclosed entryway into the required front yard along Davenport Street is not signifi-
cant. The Board notes that the entryway will not encroach as far into the front yard
as the bay window of the existing structure, will not be out of character with the
surrounding neighborhood, and will not change the nature of the property or the use
of the facility, except to improve the safety of the entryway. The Board finds thtpt the
Emergency Housing Project provides a needed service for the community.
G. 7m
Conclusions of Law: The Board concludes that the applicant has met.tfie specific^'
requirements for granting a yard modification, as set forth in City Code sulSsectidF14- .
6Q -4B, and has satisfied the general standards for granting a special exception, a-V.,,set.„
forth in City Code subsection 14 -4B -4B. y
V%-;'. AVUGI 298 N
3
Disposition: By a vote of 4-0, the Board approved EXC96-0014, a special exception
to reduce the front yard requirement along Davenport Street from 20 feet to 9 feet for
the five-foot width of the proposed enclosed entryway for property located in the RNC -
12 zone at 331 N. Gilbert Street.
4. EXC96-0015. Public hearing on an application submitted by Steve Moss, on behalf
of Iowa City Tennis & Fitness Center, for a special exception to waive
rezoning/planned development requirements of the Sensitive Areas Ordinance and
allow administrative review of development on a site containing critical and protected
slopes for property located in the CH -1, Highway Commercial zone at 2400 N. Dodge
Street.
Findings of Fact. The Board finds that the applicant has redesigned the additions to
its facili-ty to avoid conflict with the sensitive areas on the site. The condition for
fencing during construction will help assure protection of the wooded hillside on the
southwest portion of the property. The Board notes that the site plan for the fitness
center renovations has been approved by the Planning and Zoning Commission, and
amendments to the Sensitive Areas Ordinance, which will make a Sensitive Areas
rezoning unnecessary in this case, have received favorable first consideration by the
City Council. The Board finds that delaying the project would create an unwarranted
hardship for the applicant.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for appealing the Sensitive Areas Ordinance, as set forth in City Code
subsection 14-6K-1 O, and has satisfied the general standards for granting a special
exception, as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 3-1 with Eckhardt voting no, the Board approved EXC96-
0015, a special exception to exempt the Iowa City Tennis & Fitness Center phase 2
expansion, including the tennis/volley ball courts, women's locker room, entryway and
parking areas, from the rezoning/planned development requirements of the regulated
slopes section of the Sensitive Areas Ordinance for property located in the CH -1 zone
at 2400 N. Dodge Street, subject to 1) administrative site plan review of the phase 2
expansion, and 2) the applicant installing fencing at the west edge of the grading limits
on the site during grading/construction to prevent encroachment of the development
activitics ill'LU U':LiLd] a,.d fAUC:Civ s1r pf j Gid: QV'AO:Ccl tt.t existing, mature trees on
those slopes.
5. EXC96-0017. Public hearing on an application submitted by Main Street Partners for
a special exception to permit off-street parking in the CB -10, Central Business zone for
property located at 315 E. College Street.
Findings of Fact. The Board finds that the proposed redevelopment with underground
parking meets the intent of the CB -10 zone to provide intensive commercial and high
density residential uses in downtown Iowa City. With no direct access from the
parking area onto College or Gilbert Streets, the commercial streetscape will not be
broken and pedestrian safety will be enhanced. The proposed parking will replace a
surface parking area, and prevent the loss of parking in the downtown areae -Where
there is currently insufficient parking available. Restricting the use of the liaakiriff-'a
spaces to on-site tenants and patrons will reduce the likelihood of undue comp9tiorS ,
with downtown municipal parking ramps. The Board finds the additional condttlons
of approval, including increasing visibility for drivers exiting the parking area -end
installing a stop sign at that exit, will improve vehicular safety. is
V%';'. 214 i ?AGE 299
4
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for providing off-street parking in the CB -10 zone, as set forth in City
Code subsection 14 -6N -1E, and has satisfied the general standards for granting a
special exception, as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 4-0, the Board approved EXC96-0017, a special exception
to permit up to 75 underground parking spaces for property located in the CB -10 zone
at 315 E. College Street, subject to 1) a stop sign being installed in the building for
vehicles exiting the underground parking area, 2) the parking spaces being restricted
for use by on-site tenants and patrons; with no leasing of the parking spaces to off-site
businesses or residents being permitted, 3) City approval of the design of the parking
area entrance to assure visibility for drivers of vehicles at the alley access point, and
4) the parking area design requirements being met by the applicant.
6. EXC96-0018. Public hearing on an application submitted by Lindsey Bergdale for a
special exception to permit auto and truck oriented uses, that is, a car wash and two
gasoline pumps, for property located in the CC -2, Community Commercial zone at
1059 Highway 1 West.
Findings of Fact. The Board finds that the proposed car wash and gasoline pumps will
provide a useful service for this area of the community. The proposed facility with
enhanced landscaping will contribute positively to a major entryway to Iowa City. The
parking and stacking spaces to be provided on the property will exceed what is re-
quired under the ordinance. The Board notes there are a number of ways to access
the property, and this will serve to disperse traffic instead of resulting in queuing
vehicles at the main WestPort Plaza entrance.
Conclusions of Law. The Board concludes that the applicant has met the specific
requirements for allowing auto and truck oriented uses in the CC -2 zone, as set forth
in City Code subsection 14 -6E -5D1, and has satisfied the general standards for grant-
ing a special exception, as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 4-0, the Board approved EXC96-0018, a special exception
for an auto and truck oriented use to permit a car wash and two gasoline pumps on
property located in the CC -2 zone at 1059 Highway 1 West, subject to 1) the required
nun,_�er o� s: _31. ;rocs c o.... .: •;;; a -_;;I;nr.ttcd site plan, 2) FAA approval for
construction, 3) approval of a floodplain development permit, and 4) general confor-
mance with the concept plan submitted to the Department of Planning and Community
Development on August 9, 1996.
7. EXC96-0019. Public hearing on an application submitted by Roger Larson for three
special exceptions to permit a front yard modification, to permit a dwelling unit above
the ground floor of a commercial use, and to reduce the off-street parking requirements
for property located in the CI -1, Intensive Commercial zone at 802 S. Clinton Street.
Findings of Fact. The Board finds that it cannot support expanding a nonconforming
structure and intensifying the use on a property with insufficient parking. The request-
ed front yard encroachment of 65% is substantial. Adding an apartment above a
dilapidated building with electrical service and wiring violations poses a safety h zard.
The Board finds that locating a residential use in a pole building adjacent to a rani road,
a warehouse and lumber yard storage areas is not suitable.
V1 -Y- 2147 ' AGF 300
p� N
Conclusions of Law. The Board concludes that the applicant has not met the stan-
dards for permitting dwelling units above the ground floor of a commercial use in the
CI -1 zone, as set forth in City Code subsection 14 -6E -4D3; has not demonstrated that
the parking requirements are too stringent, as required in City Code subsection 14-6N-
1 H; and has not shown that a front yard modification of 65% is warranted, as required
under City Code subsection 14 -6Q -4B. The Board also concludes that the applicant
has not satisfied the general standards for granting a special exception, as set forth
in City Code subsection 14 -4B -4B.
Disposition: By a vote of 0-4 on an affirmative motion,
three special exceptions to 1) permit one three-bedroi
to reduce the off-street parking requirement from 8
reduce the front yard requirement along Clinton Stre(
58.5 -foot width of the propo::ed two-story -3dd;*ior.
zone at 802 S. Clinton Street.
the Board denied EXC96-0019,
im, second -story apartment, 2)
to 6 parking spaces, and 3) to
t from 20 feet to 0 feet for the
or property located in the CI -1
TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on aQBlicant
action, shall expire without further Board action six months from the date the ordewwere
filed with the City Clerk, unless the applicant shall have taken action within sustt time'priori f
to establish a use or construct the improvement authorized under the terms ol'It a BpSrd'`;;>
order of decision. City Code Section 14 -4B -4E, City of Iowa City, Iowa. r - cr`
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Patricia Eckhardt, Chair
STATE OF IOWA
JOHNSON :70U ITV
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 August,
1996, as the same appears of record in my Office.
Dated at Iowa City, this oZ45 day of 1996.
CORPORATE SEAL
ppdadmin\mins\boa8-14.dec
Marian K. Kan, City Clerk
Vy- 2147'Ac' 3()!.
DECISIONS (1�_�6_/_a..,3_
IOWA CITY BOARD OF ADJUSTMENT Gc. I�11
WEDNESDAY, SEPTEMBER 11, 1996 - 4:30 P.M. Tl�
CIVIC CENTER COUNCIL CHAMBERS 1996 OCT - I Ail 8: 20
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, WiIVa- Hai
Tim Lehman !G PEC :i,:;);Ji
Cc'X) .
MEMBERS ABSENT: None
STAFF PRESENT: Sarah E. Holecek, Scott Kugler, Melody Rockwell, John Yapp,
Jeff Haring
OTHERS PRESENT: Richard W. Hanson, Nancy Carlson, Marian Karr, Vic Zender,
Shirley Young, Susan Struve, Nancy Dooley, Carol Miller, Cheryl
Smith -Rossetti, Rich Hellwig, Bob Keating, Dale Miller, Maggie
Keating, John A. Cress, Eric Griftin
SPECIAL EXCEPTION/VARIANCE ITEMS:
1. EXC96-0012/VAR96-0001. Public hearing on a reconsideration of an August 14,
1996, Board decision on an application submitted by Jerry Moritz and Rick Hanson for
a special exception to permit a front yard modification and for a variance to allow
stacked parking for property located in the Neighborhood Conservation Residential
(RNC -12) zone at 1004-1006 E. Market Street.
Findings of Fact: The Board finds that approving the requested special exception and
variance will not change the current way vehicles park in the driveway, and will not
compromise the safety or aesthetics of the situation. No additional pavement will be
required in the front yard to accommodate the parking, and this is desirable in a
neighborhood conservation zone, where more green space and less paving is
encouraged. The dwelling units on the Market Street frontage seem to function as a
duplex. If the building were a duplex instead of a tri-plex, no special exception or
variance would be needed to allow continuation of the current parking situation. If the
special exception and variance were not granted, the applicants would be forced to
convert their four-bedroom units into one -bedroom units. This would create a financial
hardship, and would not be reasonable considering that the problem was not of the
property owners' own making, and that the change in parking requirements and the
rezoning of the neighborhood followed the construction of the tri-plex.
9163 ?ACF 170
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Prepared by: Melody Rockwell, Associate Planner, 410 E.
Washington, Iowa City, IA 52242; 319/356-5251
DECISIONS (1�_�6_/_a..,3_
IOWA CITY BOARD OF ADJUSTMENT Gc. I�11
WEDNESDAY, SEPTEMBER 11, 1996 - 4:30 P.M. Tl�
CIVIC CENTER COUNCIL CHAMBERS 1996 OCT - I Ail 8: 20
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, WiIVa- Hai
Tim Lehman !G PEC :i,:;);Ji
Cc'X) .
MEMBERS ABSENT: None
STAFF PRESENT: Sarah E. Holecek, Scott Kugler, Melody Rockwell, John Yapp,
Jeff Haring
OTHERS PRESENT: Richard W. Hanson, Nancy Carlson, Marian Karr, Vic Zender,
Shirley Young, Susan Struve, Nancy Dooley, Carol Miller, Cheryl
Smith -Rossetti, Rich Hellwig, Bob Keating, Dale Miller, Maggie
Keating, John A. Cress, Eric Griftin
SPECIAL EXCEPTION/VARIANCE ITEMS:
1. EXC96-0012/VAR96-0001. Public hearing on a reconsideration of an August 14,
1996, Board decision on an application submitted by Jerry Moritz and Rick Hanson for
a special exception to permit a front yard modification and for a variance to allow
stacked parking for property located in the Neighborhood Conservation Residential
(RNC -12) zone at 1004-1006 E. Market Street.
Findings of Fact: The Board finds that approving the requested special exception and
variance will not change the current way vehicles park in the driveway, and will not
compromise the safety or aesthetics of the situation. No additional pavement will be
required in the front yard to accommodate the parking, and this is desirable in a
neighborhood conservation zone, where more green space and less paving is
encouraged. The dwelling units on the Market Street frontage seem to function as a
duplex. If the building were a duplex instead of a tri-plex, no special exception or
variance would be needed to allow continuation of the current parking situation. If the
special exception and variance were not granted, the applicants would be forced to
convert their four-bedroom units into one -bedroom units. This would create a financial
hardship, and would not be reasonable considering that the problem was not of the
property owners' own making, and that the change in parking requirements and the
rezoning of the neighborhood followed the construction of the tri-plex.
9163 ?ACF 170
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Conclusions of Law: The Board concludes that the applicants have met'ihe' spgcific
requirements for a special exception to reduce the front yard requirement as set*brth
in City Code subsection 14 -6Q -4B, and for a variance to waive the prohibition against
stacked parking that is set forth in City Code subsection 14 -6N -1132e. The Board
further concludes that the applicants have satisfied the general standards for granting
a special exception, as set forth in City Code subsection 14-413-413, and have met the
public interest and tests of hardship requirements for granting a variance, as set forth
in City Code subsection 14-413-4C.
Disposition: By a vote of 4-0-1 with Lehman abstaining due to conflict of interest, the
Board approved EXC96-0012/VAR96-0001, a special exception to reduce the front
yard requirement from 20 feel io 0 feet fur the 24 -foot width of the existing driveway,
and a variance to allow the two required parking spaces per unit to be located one
behind the other, and to permit required parking spaces to be located within the
existing driveway on the property located in the RNC -12 zone at 1004-1006 E. Market
Street, subject to meeting the right-of-way tree requirements on this property.
2. EXC96-0020. Public hearing on an application submitted by Regina Catholic Education
Center for a special exception to permit an expansion of a religious institution, that is,
to allow construction of a 30 -foot by 40 -foot track and field materials storage building
on property located in the Low Density Single -Family Residential (RS -5) zone at 2140
Rochester Avenue.
Findings of Fact: The Board finds that the proposed track and field materials storage
shed will not have a negative impact on neighboring residential properties, and will not
encroach upon environmentally sensitive areas on the Regina campus. The storage
building will be located on an existing flat area; no grading or excavation will be
required. Storage of track and field materials in the building is an accessory use for
the high school track and field program that is part of the religious institution use,
Regina Catholic Education Center.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for allowing an expansion of a religious institution, as set forth in City
Code subsections 14 -6D -2D2, permitting a religious institution in the RS -5 zone, and
14-6L-1 O, additional regulations for religious institutions. The Board further concludes
that the applicant has satisfied the general standards for granting a special exception,
as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 5-0, the Board approved EXC96-0020, a special exception
to expand a religious institution, that is, to construct a 30 -foot by 40 -foot track and
field materials storage shed on a flat, previously graded site immediately west of the
existing track on the Regina campus located at 2140 Rochester Avenue.
3. EXC96-0021. Public hearing on an application submitted by Victor and Donna Zander,
on behalf of property owner IES Industries, for a special exception to permit a beauty
parlor to be established on property located in the Commercial Office (CO -1) zone at
2 Rocky Shore Drive.
v:. 2163 ?act 171
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Findings of Fact: The Board finds that the traffic generated by a six-chaif5eautylhalon
will not exceed that generated by an office use, which is a use permitted by rijht in
the CO-1 zone. The vehicle trips per day for the beauty salon will be spread out evenly
during the hours of operation, and not concentrated during peak traffic periods in the
late afternoon/early evening. The beauty salon will not be open during morning rush
traffic. The beauty salon appears to be a reasonable use for this property. It will fit
in with the intent of the CO-1 zone to provide a buffer between residences to the north
and the more intensive commercial uses along Highway 6. The Board finds that the
applicant intends to upgrade a deteriorating property, add landscaping and pave the
parking area. The access point to the site will be narrowed and pulled back from the
high traffic intersection, resulting in a safer entry/exit point for the property.
Conclusions of Law: The Board concludes that the applicant has met the specific
standards for establishing a beauty parlor in the CO -1 zone, as set forth in City Code
subsection 14-6E-1 D1. The Board further concludes that the applicant has satisfied
the general standards for granting a special exception, as set forth in City Code
subsection 14-46-48.
Disposition: By a vote of 5-0, the Board approved EXC96-0021, a special exception
to permit a six -chair beauty parlor to be established in the CO -1 zone at 2 Rocky Shore
Drive.
4. EXC96-0023. Public hearing on an application submitted by Kevin Kidwell and John
Cress, on behalf of property owner Plum Grove Acres, Inc., for a special exception to
permit a filling station, that is, a convenience store with gas pumps, and a one -bay car
wash as an accessory use, for property located in the Neighborhood Commercial (CN -
1) zone at 370 Scott Court.
Findings of Fact: The Board finds that the intensive auto and truck oriented use
requested for this site will be offset by the conditions of approval, which are intended
to emphasize safety, aesthetics and a pedestrian orientation for the neighborhood
commercial development. The proposed landscaping will soften the appearance of the
commercial building and the expanse of paving needed to accommodate gas tank truck
deliveries. Landbanking two parking spaces will allow the paving to be narrowed and
thereby increase the amount of green space between the commercial facility and the
sidewalk along Court Street. The convenience store with gas pumps and a one -bay
car wash will have a neighborhood orientation in that it will serve the day to day needs
of neighborhood residents, and is not likely to draw community -wide patronage. The
increasing density of this neighborhood has created the demand for such a service.
The development is well-planned and should provide a pleasant place for neighbors to
shop whether they arrive on foot or on a bicycle, or in an automobile or truck.
Conclusions of Law: The Board concludes that the applicant has met the specific
standards for establishing a filling station/car wash in the CN -1 zone, as set forth in
City Code subsection 14 -6E -2D3. The Board further concludes that with the addition
of conditions for approval, the applicant has satisfied the general standards for
granting a special exception, as set forth in City Code subsection 14-46-413.
:163 PAGE 172
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Disposition: By a vote of 5-0, the Board approved EXC96-0023, a specia�T[ exuption`
to permit four gas pump islands and a one -bay car wash to be located $i property in
the CN -1 zone at 370 Scott Court, subject to the applicants 1) narrowing the5bving
south of the building by landbanking the two parallel parking spaces on the south to
ensure that the length of the pedestrian pathway where it crosses the two-way drive
does not exceed 24 feet and to lessen the amount of paving on the site, 2) extending
a landscaped island to the south between the pedestrian pathway and the vehicular
activity associated with the gas pumps, 3) at a minimum, providing retail/eatery shops
on the entire south side of the building, as generally designated on the site plan
submitted September 6, 1996, 4) not permitting an outdoor loudspeaker system on
the property, 5) installing and maintaining landscaping along the south (Court Street)
building facade, 6) providing a textured design in the sidewalk paving that surrounds
the building, and 7) placing a note on the site plan and submitting a letter of credit
verifying that the applicants will construct the four -foot wide sidewalks along Court
Street and Scott Court, and a six-foot wide, textured, connecting pedestrian walkway
between the commercial building and the Court Street sidewalk, prior to receipt of a
certificate of occupancy for any business locating in the new commercial building on
Lots 178 and 179, Court Hill -Scott Blvd., Part IX.
TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on applicant
action, shall expire without further Board action six 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 a use or construct the improvement authorized under the terms of the Board's
order of decision. City Code Section 14 -4B -4E, City of Iowa City, Iowa.
Patricia Eckhardt, Chair
p�ved by
CityI •
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 11 th day of September,
1996, as the same appears of record in my Office.
Dated at Iowa City, this .317 day ofA&U�, 1996.
Ma 'an K. Karr, City Clerk
ppdadmin\mins\boa9-11.dec
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Disposition: By a vote of 5-0, the Board approved EXC96-0023, a specia�T[ exuption`
to permit four gas pump islands and a one -bay car wash to be located $i property in
the CN -1 zone at 370 Scott Court, subject to the applicants 1) narrowing the5bving
south of the building by landbanking the two parallel parking spaces on the south to
ensure that the length of the pedestrian pathway where it crosses the two-way drive
does not exceed 24 feet and to lessen the amount of paving on the site, 2) extending
a landscaped island to the south between the pedestrian pathway and the vehicular
activity associated with the gas pumps, 3) at a minimum, providing retail/eatery shops
on the entire south side of the building, as generally designated on the site plan
submitted September 6, 1996, 4) not permitting an outdoor loudspeaker system on
the property, 5) installing and maintaining landscaping along the south (Court Street)
building facade, 6) providing a textured design in the sidewalk paving that surrounds
the building, and 7) placing a note on the site plan and submitting a letter of credit
verifying that the applicants will construct the four -foot wide sidewalks along Court
Street and Scott Court, and a six-foot wide, textured, connecting pedestrian walkway
between the commercial building and the Court Street sidewalk, prior to receipt of a
certificate of occupancy for any business locating in the new commercial building on
Lots 178 and 179, Court Hill -Scott Blvd., Part IX.
TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on applicant
action, shall expire without further Board action six 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 a use or construct the improvement authorized under the terms of the Board's
order of decision. City Code Section 14 -4B -4E, City of Iowa City, Iowa.
Patricia Eckhardt, Chair
p�ved by
CityI •
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 11 th day of September,
1996, as the same appears of record in my Office.
Dated at Iowa City, this .317 day ofA&U�, 1996.
Ma 'an K. Karr, City Clerk
ppdadmin\mins\boa9-11.dec
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96 OCT 18 Pll 4: 14
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251(�[!�/1(►
FILE: 08 107.97
DECISIONS`i�L' 67
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 9, 1996 - 4:30 P.M. I596OCT 22 AN O: 55
CIVIC CENTER COUNCIL CHAMBERS _
MEMBERS PRESENT: Lowell Brandt, Patricia Eckhardt, William Haigh, Tim Lehman:: i
J .,r, 1,
MEMBERS ABSENT: Susan Bender
STAFF PRESENT: Sarah E. Holecek, Melody Rockwell
OTHERS PRESENT: Shirley Young, Nancy Dooley, Joe Holland, Cris Watt, Doug Paul,
Dan Tiedt
SPECIAL EXCEPTION/VARIANCE ITEMS:
EXC96-0022/VAR96-0002. Public hearing on an application submitted by Shirley
Young for a special exception to modify the front yard requirement along Dartmouth
Street and a variance to modify the vision triangle requirement at the
Washington/Dartmouth intersection for property located in the Low Density Single -
Family Residential (RS -5) zone at 3041 Washington Street.
Findings of Fact: Concerning the variance requested to modify the vision triangle
requirement, the Board finds that allowing the fence to encroach into the vision triangle
would not create safety problems at the Washington/Dartmouth intersection, because
the intersection is controlled with stop signs, Washington Street has an extra -wide
right-of-way, and this creates a situation where the fence is set back sufficiently so
it does not impede visibility at the intersection. When a case like this arises where the
location of the fence meets the intent of the Zoning Chapter because it does not inhibit
lines of sight at the intersection, yet it does not meet the strict letter of the law, it is
more appropriate to recommend changing the code to address similar cases throughout
Iowa City than to grant a variance for a specific property. To this end, the Board has
approved an auxiliary motion recommending to the Planning and Zoning Commission
that it consider amendments to the vision triangle requirements set forth in the Zoning
Chapter to address controlled versus uncontrolled intersections, the width of the
rights-of-way at the intersection, and the posted speed limit on the intersecting streets.
Although the intent of the ordinance would be met and the public interest would not
be contravened by granting the variance, the Board finds that the tests of hardship are
not met. A literal enforcement of the Zoning Chapter would not result in unnecessary
hardship; angling the corner of the fence would not reduce the value and use of the
property. The situation is not unique; vision triangle requirements are imposed
- ?173 PAGE 135
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Iowa City Board of Adjustment
Wednesday, October 9, 1996
Page 2
throughout the community. Granting the variance would confer a privilege to the
applicant that is not accorded to others in similar situations. Although the applicant did
not knowingly build the fence in the vision triangle, she is responsible as the property
owner for the construction of the fence and its location.
Concerning the special exception request, the Board finds there is some peculiarity in
the property in terms of topography, utility easements and the location of the right-of-
way line four feet off the Dartmouth Street sidewalk. The fence is well -constructed
and attractive in appearance. The location of the fence five feet from the Dartmouth
Street sidewalk will not inhibit pedestrian movement along the sidewalk. The condition
to angle the northeast corner of the fence if the vision triangle requirement in the
ordinance is not amended to bring that corner of the fence into conformance will
assure compliance with the ordinance without compromising visibility at the
Washington/Dartmouth intersection. The condition to angle the southeast corner of
the fence to improve visibility from the driveway to the south will enhance pedestrian
safety, particularly for school children attending nearby Lemme Elementary School.
Conclusions of Law: The Board concludes that the applicant does not meet the tests
of hardship for granting a variance, as set forth in City Code subsection 14-413-4C.
The Board further concludes that the applicant has satisfied the specific requirements
for modifying a front yard setback requirement, as set forth in City Code subsection
14 -6Q -4B, and the general standards for granting a special exception, as set forth in
City Code subsection 14-46-413.
Disposition:
By a vote of 0-4 on an affirmative motion, the Board denied VAR96-0002, a variance
to modify the vision triangle requirement at the Washington Street/Dartmouth Street
intersection for property located in the RS -5 zone at 3041 Washington Street.
By a vote of 4-0, the Board approved EXC96-0022, a special exception to reduce the
front yard requirement from 20 feet to one foot along the 45 foot width of the fence
at 3041 Washington Street, and to allow the fence to begin within one foot of the
Dartmouth Street right-of-way line, subject to:
1. The corner of the fence within the required intersection vision triangle
complying to the vision triangle requirement within six months of the
time the City completes the review of the vision triangle requirement,
and City staff notifies the applicant of the results of the review, and
2. The southeast corner of the fence being altered so the southern edge of
the fence is set back a minimum of ten feet from the sidewalk to form
a 45 degree angle to the Dartmouth Street right-of-way line.
2173 'AGE 136
Iowa City Board of Adjustment
Wednesday, October 9, 1996
Page 3
2. EXC96-0024. Discussion of an application submitted by Clarissa T. Watt for a special
exception to modify the front yard requirement along Muscatine Avenue for property
located in the Medium Density Single -Family Residential (RS -8) zone at 1603
Muscatine Avenue.
Findings of Fact: The Board finds the front yard encroachment of the covered porch
is not substantial. It creates a safer, more accessible entryway to the business, and
makes the retail store more attractive and compatible within a residential
neighborhood. In the future, conversion of the legal, nonconforming business to a
residential use would be enhanced by having the covered porch in place of the
existing, concrete entry steps. With approval conditioned on the porch remaining
unenclosed, there is assurance that the safety of pedestrians and vehicles at the
intersection of Dearborn Street and Muscatine Avenue will not be compromised.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for modifying the front yard setback in the RS -8 zone, as set forth in City
Code subsection 14 -6Q -4B. The Board further concludes that the applicant has
satisfied the general standards for granting a special exception, as set forth in City
Code subsection 14-413-413.
Disposition: By a vote of 4-0, the Board approved EXC96-0024, a special exception
to reduce the required front yard along the Muscatine Avenue right-of-way from 20
feet to 2.5-6 feet to accommodate a four -foot by twenty -foot covered porch on the
northeast side of the existing structure for property located in the RS -8 zone at 1603
Muscatine Avenue, subject to the property owner understanding that the covered
porch shall not be enclosed now or in the future.
3. EXC96-0025. Discussion of an application submitted by Douglas J. Paul for a special
exception to modify the front yard requirement along Highway 6 for property located
in the Intensive Commercial (CI -1) zone at 507 Highland Avenue.
Findings of Fact: The Board finds that the proposed encroachment will be minor in its
impact and appearance, while adding value in additional warehouse space on a
property located in the CI -1 zone. The reduction in the front yard area to
accommodate the warehouse expansion should not compromise public safety, create
negative impacts on neighboring properties or prevent development of adjacent
properties. Buffering the addition with evergreen landscaping will soften the
appearance of the warehouse along a major entryway into the city, and make it more
compatible with the restaurant business on the property to the east.
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for modifying a front yard setback in the CI -1 zone, as set forth in City
Code subsection 14 -6Q -4B. The Board further concludes that the applicant has
satisfied the general standards for granting a special exception, as set forth in City
Code subsection 14-413-413.
2173 FACE 137
Iowa City Board of Adjustment
Wednesday, October 9, 1996
Page 4
Disposition: By a vote of 4-0, the Board approved EXC96-0025, a special exception
to reduce the front yard setback area along the Highway 6 right-of-way from 20 feet
to 6-20 feet along the angle of the west portion of the south wall of the 32 -foot by
60 -foot addition for property located in the CI -1 zone at 507 Highland Avenue, subject
to the applicant planting and maintaining evergreen landscaping along the south and
east side of the new addition; that is, planting and maintaining evergreen trees
between the new addition and the Highway 6 right-of-way line to the south in
accordance with the vegetative screening requirements set forth in City Code
subsection 14-6S-11, and evergreen shrubs set at a minimum of four feet on center
on the east side of the addition.
TIME LIMITATIONS: All orders of the Board, which de not set a time limitation on applicant
action, shall expire without further Board action six 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 a use or construct the improvement authorized under the terms of the Board's
order of decision. City Code Section 14 -4B -4E, City of Iowa City, Iowa.
n n
Patricia Eckhardt, Chair
•: _iwwpA
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
October 1996, as the sarire appears of ,ecord in my Office.
Dated at Iowa City, this Id day of 1996.
J L�
Mann K. Karr, City Clerk
ppdadmin\mins\boa10-9.dPC RPORAT5� SEAL
?1'73 'acE 138
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 13, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, William Haigh,
Tim Lehman
MEMBERS ABSENT: PoneFILM) 1)1002
�zn _• _
STAFF PRESENT: Sarah Holecek, Melody Rockwell, Brandy Dulceak
OTHERS PRESENT: Dawn Barker, Ron Walsh, Lucas Van Orden 1996 GEC -4 AIN a: 31
SPECIAL EXCEPTION ITEMS:
r r;
1. EXC96-0007. Public hearing on a request submitted by Steve Kohli and Bruce
Glasgow for an extension of a May 8, 1996, Board of Adjustment decision granting
special exceptions to allow a 3,376 square foot restaurant and to modify the parking
requirements on property located in the CN -1, Neighborhood Commercial zone at 200
Scott Court.
Findings of Fact: The Board finds that the May 8, 1996, decision was made after
considerable review and discussion. Local circumstances and code requirements have
not changed in any appreciable way to alter the Board's findings. The applicants have
indicated to the Board's satisfaction that the delay in implementing the decision was
due to unforeseen circumstances. The applicants have also stated their intent to begin
construction within the requested six-month extension period.
Conclusions of Law: The Board concludes that the applicants continue to meet the
specific requirements of City Code subsection 14 -6E -2D4 for granting a special
exception to permit a restaurant with a floor area larger than 2,500 square feet in the
CN -1 zone, and City Code subsection 14-1 for a special exception to allow
parking in excess of 110% of the required parking for a restaurant in the CN -1 zone.
The Board further concludes that the delay in implementing the decision will not
compromise the ability of the applicants to satisfy the general standards for granting
the special exceptions, as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 3-0 (with Lehman and Brandt absent), the Board approved
the extension of the expiration date to May 17, 1997, for EXC96-0007, a special
exception approved by the Board of Adjustment on May 8, 1996, permitting a
restaurant of up to 3,376 square feet in size, and modifying the parking requirements
to allow 35 parking spaces to be installed on property located in the CN -1 zone at 200
V_ 9194 eACE 136
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Prepared by: Melody Rockwell, Associate Planner, 410 E.
Washington, Iowa City, Iowa 52240; 319/356-5251
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 13, 1996 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, William Haigh,
Tim Lehman
MEMBERS ABSENT: PoneFILM) 1)1002
�zn _• _
STAFF PRESENT: Sarah Holecek, Melody Rockwell, Brandy Dulceak
OTHERS PRESENT: Dawn Barker, Ron Walsh, Lucas Van Orden 1996 GEC -4 AIN a: 31
SPECIAL EXCEPTION ITEMS:
r r;
1. EXC96-0007. Public hearing on a request submitted by Steve Kohli and Bruce
Glasgow for an extension of a May 8, 1996, Board of Adjustment decision granting
special exceptions to allow a 3,376 square foot restaurant and to modify the parking
requirements on property located in the CN -1, Neighborhood Commercial zone at 200
Scott Court.
Findings of Fact: The Board finds that the May 8, 1996, decision was made after
considerable review and discussion. Local circumstances and code requirements have
not changed in any appreciable way to alter the Board's findings. The applicants have
indicated to the Board's satisfaction that the delay in implementing the decision was
due to unforeseen circumstances. The applicants have also stated their intent to begin
construction within the requested six-month extension period.
Conclusions of Law: The Board concludes that the applicants continue to meet the
specific requirements of City Code subsection 14 -6E -2D4 for granting a special
exception to permit a restaurant with a floor area larger than 2,500 square feet in the
CN -1 zone, and City Code subsection 14-1 for a special exception to allow
parking in excess of 110% of the required parking for a restaurant in the CN -1 zone.
The Board further concludes that the delay in implementing the decision will not
compromise the ability of the applicants to satisfy the general standards for granting
the special exceptions, as set forth in City Code subsection 14-413-413.
Disposition: By a vote of 3-0 (with Lehman and Brandt absent), the Board approved
the extension of the expiration date to May 17, 1997, for EXC96-0007, a special
exception approved by the Board of Adjustment on May 8, 1996, permitting a
restaurant of up to 3,376 square feet in size, and modifying the parking requirements
to allow 35 parking spaces to be installed on property located in the CN -1 zone at 200
V_ 9194 eACE 136
2
Scott Court, and conditioned upon the installation of curbing at the east ed of tie 35.-7
space parking lot, and that the "landbanked" parking area shown on 1&i"site.!�lan,
containing up to 11 additional parking spaces, may be installed only upowipprovdl by
the Director of Planning and Community Development if the applicant, after a period
of at least six months from the date of occupancy of the building, clearly demonstrates
a need for the addition parking.
2. EXC96-0026. Public hearing on an application submitted by Gloria Walsh for a special
exception to modify the front yard requirement along Iowa Avenue for property located
in the RNC -20, Neighborhood Conservation Residential zone at 928-930 Iowa Avenue.
Findings of Fact: The Board finds that the brick duplex, which was constructed in
1872, is located in an area where residences with substantial porches have historically
been located close to the street, a boulevard with extra -wide right-of-way. The duplex
building with the proposed six-foot wide front porch encroaches less into the right-of-
way than the majority of residential structures located along the frontage of the north
side of the 900 block of Iowa Avenue. The applicant is willing to follow the Historic
Preservation Commission's recommendations to build and maintain the porch in a style
that is sensitive to the historic quality of the property. Replacing the individual,
deteriorating porches on the duplex will upgrade the property and improve its structural
integrity without compromising pedestrian and vehicular safety.
Conclusions of Law: The Board concludes that the applicant has met the specific
standards for modifying a front yard setback requirement, as set forth in City Code
subsection 14-60-413, and has satisfied the general standards for granting a special
exception, as set forth in City Code subsection 14-46-413.
Disposition: By a vote of 5-0, the Board approved EXC96-0026, a special exception
to reduce the required front yard along the Iowa Avenue right-of-way from 15 feet to
0 feet for the 28 -foot length of the porch/deck for property located in the RNC -20 zone
at 928-930 Iowa Avenue, subject to the applicant 1) either receiving authorization
from the City Council to extend the porch/deck addition into the Iowa Avenue right-of-
way or shifting the porch location back out of the right-of-way, and 2) constructing the
porch/deck in accordance with the design recommendations of the Iowa City Historic
Preservation Commission as set forth in a memorandum [attached as Exhibit A] from
the Commission dated November 13, 1996.
3. EXC96-0027. Public hearing on an application submitted by Lucas Van Orden for a
special exception to permit a small -animal clinic to be established in the CO -1,
Commercial Office zone for property located at 2122 ACT Circle.
Findings of Fact: The Board finds that the applicant has demonstrated a willingness
and ability to comply with the specific provisions for establishing a small -animal clinic
in the CO -1 zone, including interior containment of the operation, soundproofing, odor
control and a limited boarding policy. In complying with these provisions, the
veterinary practice should prove compatible with nearby businesses. Because there
is a change of use for this property, all off-street parking requirements must be met,
including obtaining approval of a special exception for parking on a separate lot.
v - - 219PAGE 137
3
Conclusions of Law: The Board concludes that the applicant has met the specific
requirements for establishing small -animal clinics in the CO -1 zone, as set forth in City
Code subsection 14-6E-1 D10, and has satisfied the general standards for granting a
special exception, as set forth in City Code subsection 14-46-46.
Disposition: By a vote of 5-0, the Board approved EXC96-0027, a special exception
to permit a small -animal clinic in the CO -1 zone for property located at 2122 ACT
Circle, provided the Board of Adjustment subsequently grants approval of a special
exception to permit parking on a separate lot for the uses located on the subject
property.
TIME LIMITATIONS: All orders of the Board, which do not set a time limitation on applicant
action, shall expire without further Board action six 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 a use or construct the improvement authorized under the terms of the Board's
order of decision. City Code Section 14-413-4E, City of Iowa City, Iowa.
Patricia Eckhardt, Chair
4edi
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 13th day of November,
1996, as the same appears of record in my Office.
Dated at Iowa City, this day of hb. 1996.
Mahan K. Karr, City Clerk C, e
S �' W
ppdadmin\mins\bos11-13.tlec RA At
V.. 9194 i'AGE 138
- EXHIBIT A city of Iowa city
NOVEMBER 13 1996
BOARD OF ADJUST-
MEMORANDUMMENT DECISION
Date: November 13, 1996
To: Board of Adjustment
From: Historic Preservation Commission
Re: 928-930 Iowa Avenue
At its November 12, 1996, meeting, the Historic Preservation Commission reviewed the
plans for the proposed porch at 928-930 Iowa Avenue, after a number of Commission
members had visited the property the day before. The Commission approved the design of
the proposed porch by a vote of 6-0, subject to the following conditions:
•The vertical 4" x 4" support posts on the upper level should be realigned so that
they are centered on the spaces between the windows to better reflect the
symmetry of the building;
*Brackets to match the existing bracket that remains from the original porch should
be reproduced and installed on both sides and on the front of the columns at the
intersection of the columns and the deck structure above;
OA built out surround at the base of each column should be required; this should be
1 %" material with mitered corners and should cover the lower 24 to 30 inches of
the columns.
•A reveal at the corners of the 6" x 6" columns on the lower level should be
chamfered or routed to give some definition to the columns. This treatment should
terminate short of the brackets above and the base at the lower part of the posts;
*The 2" x 4" rail on the upper level should be chamfered on 2 sides to make it
appear more like millwork and less like deck lumber;
*The porch should be painted; elements of the upper level of the porch should be
painted the same color as the body of the house to de-emphasize the deck and help
it blend with the house rather than call attention to it;
•Copper caps should be installed on the top of the upper level posts as proposed
by the applicant; and
•An overhang of at least one foot should be maintained. If the right of way
encroachment is not approved, the whole porch should be shifted back rather than
just the overhang removed. The Commission feels that the proposed overhang on
the porch is more historically appropriate for this building, and notes that there are
many other porches in this area along Iowa Avenue that encroach farther into the
2194 ,'AGE 139
right of way than the proposed porch would. The Commission feels that retaining
the existing porches along Iowa Avenue is important to the historic character of this
area, and would discourage strict enforcement of City policies that would require
removal of porches that encroach into the right of way should repairs or
replacement of porches become necessary.
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