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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, uo CD D� C. a n1 N ch r•. o� s � C �- y r 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 mins\bca1-l0.dec lD _ � Ql ~-Na cn ;^ 3 d CD 0 ko 0, D 00 a z N3 N 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 � 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 GN C) � m _rrI y :XQ 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 _ ko ' CD 3 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 .o C) 0, Board of Adjustment Decisions t j 'March 13, 1995 C-3 — m Page 4 -±±: CO O 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 Ai�) -f' • 76ti,,r/ Mar n K. Karr, City Clerk 2052 PACE 73 LD m CD 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� CD 'a STAFF PRESENT: Anne Burnside, Melody Rockwell, Jeff Haring Ln y C.71 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 Lo cn CD 0 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 f:off-4tree� 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 � o &"- " .. ( s" aj 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 r l RE )i Willia qg aigh : rr^ m 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 m r 'VEC—i uaj u �� •mew --t c �r v rti 383.'r,c( 308 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 c ?lii r,C£ 209 FEEFILED�91� LJi 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 N 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— - r 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 r FEE LO 110 CD N �! r=- s 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` a6 .0 s) N y � N 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 _ o 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 w C -n ,.-- W n' O 2 0 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 _ 4-0 O N C OD 3 Gr v _rte+ OT 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 C71w a 0 4 {r a rn a 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 C 4R? OV SEAL .:.:'_163 WE 173 a. o N C71w a 0 4 {r a rn a 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 C 4R? OV SEAL .:.:'_163 WE 173 w. IM oG 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 u_ 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 LiD = r r" u n 9 _ 'STY FEE . w av a ma 00 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. V_ 919,,1 AGE 140