HomeMy WebLinkAbout05-13-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, May 13, 2020
Electronic Meeting — 5:15 PM
Zoom Meeting Platform
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
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Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC20-04: An application submitted by Tom Maxwell requesting a waiver from the
minimum 15-foot building setback in the Low Density Single -Family Residential
(RS-5) zone to construct an addition at 6 Melrose Circle.
4. Consideration of Meeting Minutes: April 8, 2020
5. Adjournment
If you will need disability -related accommodations in order to participate in this meeting,
please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-Iehmann@iowa-
city.org. Early requests are strongly encouraged to allow sufficient time to meet your access
needs.
Upcoming Board of Adjustment Meetings
Formal: June 10 / July 8 / August 12
Informal: Scheduled as needed.
STAFF REPORT
To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner
Item: EXC20-04 Date: April 14, 2020
Parcel Number: 1016131006
GENERAL INFORMATION:
Applicant: Tom Maxwell
6 Melrose Cir
Iowa City, IA 52246
maxwell@lefflaw.com
Contact Person:
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
Thomas McInerney
1208 Marcy Street
Iowa City, IA 52240
(319)331-0365
thomas@thomasarchitect.com
Tom Maxwell
6 Melrose Cir
Iowa City, IA 52246
maxwell@lefflaw.com
Adjustment to the front setback requirement
To allow the construction of an addition.
6 Melrose Circle
23,945 square feet
1
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
Residential; Low Density Single Family Residential
(RS-5)
North: Residential, Institutional; Low Density
Single Family Residential (RS-5)
Residential; Historic Overlay District (OHD)
East: Residential; Low Density Single Family
Residential (RS-5)
South: Residential; Low Density Single Family
Residential (RS-5)
West: Institutional; Low Density Single Family
Residential (RS-5)
14-4B-3A: General Approval Criteria
14-2A-4B-5: Adjustments to Principal Building
Setback Requirements
April 14, 2020
The applicant, Tom Maxwell, owns the subject property at 6 Melrose Circle, a single-family home
located on a private cul-de-sac. This property was built c. 1926, and both the house and the
detached garage are key contributing structures in the Melrose Historic District on the National
Register of Historic Places. The National Register is an honorary designation that does not impose
restrictions. The Melrose Historic District is not a local historic district.
The property was developed prior to its current zoning designation of Low Density Single Family
Residential (IRS-5), and the principal building is located within the front setback. The minimum front
setback for a principal building in the RS-5 zone is 15 feet from the front lot line. The applicant is
seeking to construct an addition on the northeast face of the principal building. As proposed, this
addition would require a Special Exception to reduce the front setback to 12 feet.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included in Section 14-2A-4B-5b, pertaining to Adjustments to Principal Building Setback
Requirements requiring special exceptions, as well as the general approval criteria in Section 14-
4B-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments regarding each criterion are
set below.
Specific Standards: 14-2A-4B-5b: Adjustments to Principal Building Setback
Requirements:
1. The situation is peculiar to the property in question.
FINDINGS:
• The subject property was established before current zoning standards.
• The southeast building face fronts the street. The principal building is within the
current setback, around nine feet from the front lot line.
• The addition is proposed to replace a sunroom currently attached to the northeast
building face. The northwest building face is attached to a wooden deck with a
gazebo while. The southwest building face fronts the driveway.
• The street -side setback varies widely among properties in the area. The adjacent
lot to the north, 629 Melrose Avenue, extends to the middle of Melrose Circle. The
primary building on the property to the east, 3 Melrose Circle, is approximately 12
feet from the front lot line.
2. There is practical difficulty in complying with the setback requirements.
FINDINGS:
The house itself sits within the current front setback.
The rationale for the size and location of the proposed addition is based on
accommodating an aging -in -place strategy. The centered and northeastern
placement of the proposed addition allows connection to the primary building.
3. Granting the exception will not be contrary to the purpose of the setback
regulations, which are to:
a. Maintain light, air separation for fire protection, and access for firefighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in Iowa City's
neighborhoods;
d. Promote a reasonable physical relationship between buildings and between
residences; and
e. Provide flexibility to site a building so that it is compatible with builds in the
vicinity.
FINDINGS:
• The proposed building addition will be no closer than approximately 30 feet to any
adjacent property. This meets items a, b, d, and a of the purpose of the setback
regulations.
• The reduction would be in line with the general scale and placement of structures
within the neighborhood; the principal building at 3 Melrose Circle is approximately
12 feet from the front lot line.
4. Any potential negative effects resulting from the setback exception are mitigated to
the extent practical.
FINDINGS:
• Due to the layout of the current structures in the area, staff believes there are no
potential negative effects resulting from the setback exception.
5. The subject building will be located no closer than three feet (3') to a side or rear
property line, unless the side or rear property line abuts a public right-of-way or
permanent open space.
FINDINGS:
The proposed addition will be 12 feet from the nearest lot line.
General Standards: 14-413-3: Special Exception Review Requirements:
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The use and intensity of the property will not change due to the addition, nor will
access to the property and surrounding properties be affected.
• The proposed addition will not interfere with visibility on Melrose Circle.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
• The proposed addition will not impact the ability of neighbors to utilize and enjoy
their properties, nor will it negatively impact property values in the neighborhood.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• The surrounding neighborhood is already fully developed with a mix of residential
and institutional uses.
• The proposed building addition will be no closer than approximately 30 feet from
any adjacent property under private ownership.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property is already developed, and all utilities access roads, drainage
and necessary facilities are established for this neighborhood.
• Pedestrian access is provided by a sidewalk on the east side of Melrose Circle.
• The proposed location of the addition does not contain underground utilities.
• Green space surrounds the proposed addition which allows the absorption of any
additional stormwater runoff.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• No changes are being proposed to the existing driveway, sidewalk or street.
• The property is at the end of the street connecting the private road Melrose Circle.
• Parking is provided onsite to the west of the primary building and will not be
impacted by the proposed addition.
• Traffic is mostly limited to residents, and the addition will not impact traffic.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The proposed addition will not cause the property to exceed the maximum lot
coverage of 45 percent or maximum height of 35 feet.
• Rear and side setbacks requirements will be met by the proposed addition.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designated this area for
Residential (2-8 Dwelling Units Per Acre). The Future Land Use Map of the
Southwest District Plan designated this area for Single Family/Duplex Residential.
The current land use of this property is consistent with the Comprehensive and
District Plans and will not change because of the proposed special exception.
• The Comprehensive Plan's vision includes to "Preserve Historic Resources... in
Established Neighborhoods" (p.21) which is carried out through the strategy of
supporting the goals of the Historic Preservation Commission and supporting
reinvestment in housing in existing neighborhoods" (p.29). The Plan also notes
that in order to "protect our community's historical... assets" the City should
"Continue support for the Iowa City Historic Preservation Plan" (p. 26)
• The City's Historic Preservation Plan includes the following goals: "Continue
municipal policy of protection of historic resources and implement this policy
through... regulatory measures" (p. 34) and "...integrate preservation objectives in
related planning work undertaken by the City of Iowa City' (p. 61).
• The primary building is a key contributing structure in the National Register of
Historic Places -Listed Melrose Historic District, and the sunporch proposed for
demolition is original. To ensure the proposed addition would support the City's
Historic Preservation Plan and not impact the historic significance of the home,
staff recommends a condition that any changes to the exterior of the structure
should undergo historic review.
STAFF RECOMMENDATION:
Staff recommends approval of EXC20-04, to reduce the required front setback requirement along
Melrose Circle from 15 feet to 12 feet for the property located at 6 Melrose Circle subject to the
following condition:
1. All changes to the exterior of the structure that encroach within the setback must receive
a Certificate of Appropriateness or a Certificate of No Material Effect following a Historic
Review in accordance with the Iowa City Historic Preservation Handbook.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
From: Robert Powers
To: Kirk Lehmann
Subject: Special Exception for 6 Melrose Circle
Date: Saturday, May 2, 2020 11:55:55 AM
Dear Kirk Lehmann (Iowa City Associate Planner),
Pertaining to the "Special Exception for 6 Melrose Circle", I would like to note that my wife
and I look forward to this improvement of the Tom Maxwell property. We see it as a value
enhancement for the entire neighborhood, notjust their abode.
Mr. Robert Powers
Dr. Annette Schlueter (MD/PhD)
3 Melrose Circle
Iowa City, IA 52246
319-338-9651
From:
Thomas McInerney
To:
Kirk Lehmann
Cc:
Anne Russett; Mark Kennedy
Subject:
RE: EX20-04: 6 Melrose Cir
Date:
Wednesday, April 22, 2020 6:18:03 PM
A
Hello Kirk,
The rationale of size and location of the proposed addition to 6 Melrose Circle is due to the needs of the
client. Those needs are based in the accommodation of an aging -in -place strategy for residential design
while having a minimal impact to the historic fabric of existing building. The centered and northeastern
placement of the addition allows us to connect to the primary building in an aesthetically respectful manner
without distracting from the architectural style.
Lambert's Subdivision of Lot 4 of Caster's Subdivision was the first land to be platted along the south edge
of Melrose Avenue. This plat was laid out in April 1921 by Byron J. Lambert, head of the SUI Department
of Civil Engineering, and also a registered land surveyor. The approximately 600 by 200 foot tract was
owned by Lambert and Dr. Samuel Orton, the resident owner of 629 Melrose Avenue. Lambert had
acquired his portion of the land in the new subdivision shortly before the plat was filed.
The relationship between Lambert and Dr. Orton may have been a contributing factor in the unusual
placement of 629 Melrose Avenue's eastern property line which extends thirty feet to the center of the street
of Melrose Circle. The location of the property line effectively blocks any possible future continuous
sidewalk on the west side of Mchose Circle due to the lack of available right-of-way. The result of this
oddity is that Melrose Circle's right-of-way is 30 feet wide up to the south end of 629 Melrose Avenue then
abruptly expands to 60 feet wide before it merges into the 148 foot diameter circle drive. If the 30 foot wide
right-of-way was a consistent 60 feet all the way to Melrose Avenue, the original detached garage for 629
Melrose Avenue (listed on the National Register of Historic Places) would be extending about 4 feet into
the right-of-way. This jogging of the lot lines placed in practice treats the property of 6 Melrose Circle in a
more restrictive and arbitrary manner than the other lots of the Lambert's Subdivision.
It is notewothV that the existing nearby building located at 3 Melrose Circle sits 12 feet from the right-of-
way and has a public sidewalk. The building's projection into the setback is nearly imperceivable and has no
substantial effect to safety, property value or privacy. Therefore, we feel it is reasonable to ask for a Special
Exception in reducing the of setback requirement from 15 feet to 12 feet for the proposed addition to 6
Mehose Circle -
In regards to your April 20 email: whi le we agree that 6 Melrose Circle is a key contributing structure in the
Melrose Historic District, "the Melrose district is on the National Register but is not designated as local
historic preservation zoning district."
httne_//www_icgov.org/city-e(Ivennmcntldct)artinents-and-divisionslhismric-m-escrvatirnn
We believe Historic Preservation Commission does not have jurisdiction for this property and does not
require a Certificate of Appropriateness.
Thank you,
Thomas McInerney, Architect
1208 Marcy Street
Iowa City, Iowa 52240
(319) 331-0365
www.thomasarchitect.com
i ZCao-labo[�4
APPLICATION TO THF, ,
LJ
BOARD OF ADJUST N4PTI1: 14
--®- SPECIAL EXCEPTI4-rt-n--
DATE: April 10, 2020
PROPERTY ADDRESS: 6 Melrose Circle
PROPERTY ZONE: RS-5
PROPERTY PARCEL NO. 1016131006
PROPERTY LOT SIZE: 23,945 sf
Name:
Tom Maxwell
APPLICANT:
6 Melrose CIR, Iowa City, IA 52246
Address:
Phone:
maxwell@lefflaw.com
Email:
Name:
Thomas McInerney
CONTACT PERSON:
1208 Marcy Street, Iowa City, IA 52240
(if other than applicant)
Address:
319-331-0365
Phone:
tomas@thomasarchitect.com
Email:
Name:
PROPERTY OWNER:
(if other than applicant)
Address:
Phone:
Email:
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in,
please contact Anne Russett at 356-5251 or e-mail anne-russettoiowa-city org
Purpose for special exception: Building setback reduction from 15 feet to 12 feet.
Date of previous application or appeal filed, if any.
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a
parcel search for your address on the Assessor's website at
www.iowacify.iowaassessors.comlor by calling 319-356-6066,
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for
your special exception (i.e., some uses require landscape screening, buffers,
stacking spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find
that the requested special exception meets certain specific approval criteria listed
within the Zoning Code. In the space below or on an attached sheet, address each of the
criteria that apply to the special exception being sought. Your responses to these
criteria should just be opinions, but should provide specific information demonstrating
that the criteria are being met. (Specific approval criteria for uses listed as special exceptions
are described in 14-413-4 of the Zoning Code. Other types of special exceptions to modify
requirements for the property are listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST
BE ADDRESSED, please contact Anne Russett at 356-5251 or e-mail anne-
russeth5�iodva-citv.org Failure to provide this information will constitute an
incomplete application and may lead to a delay in its consideration before the
Board of Adjustment.
r"
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The proposed addition will not affect other residences in the area.
The proposed building cladding materials, window trim and paint colors
shall match the existing primary building
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
Currently, the subject portion of the property is a grassy open area
without underground utilities. The subject building addition is no closer
than thirty-two feet to any adjacent property and meets side lot setck
requirements. c:
3. Establishment of the specific proposed exception will not impede t'hernormal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The property was developed around 1910 and is located on a circular
turn -around drive at the end of a paved access road. The property has an
unusual configuration due to the evolution of the street's development
occurring before 1930. The proposed addition does not impact the curb
appeal nor impede future development.
The adjacent property 629 Melrose Avenue blocks any possible future
continuous sidewalk due to the lack of available right-of-way.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
No changes are being proposed to the existing driveway, sidewalk or
street. The subject and adjacent properties are already developed
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The subject property is at the end of the street connecting Melrose Circle
and the traffic is almost exclusively limited to residents.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 144E as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (145A through K)J
There is practical difficulty in complying with the setback requirements
because the existing house sits within the current setback as much as
seven feet. The street -side setback varies and the adjacent property to
the North, 629 Melrose Avenue, extends thirty feet to the middle of the
access road to Melrose Circle.
The proposed addition does not affect safety, privacy, nor environmental
protection. Granting the exception will not be contrary to the purpose of
the setback regulations.
There are no reasonable potential negative effects resulting from the
setback exception.
7. The proposed use will be consistent with the Comprehensive Plan of the
city.
The proposed addition shall include accessibility improvements enabling
the residents to age in place.
"Promote housing design
such as universal design.'
=r„ ., ,apprehensive Plan,
and features that allow people to age in place,
page 28
-5-
E.
List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
see attachment
ADDRESS
N
n
k.:
ti
n
0
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 148C-2C-4, City Code) -
Orders . Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terns of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 148C-1E, City Code)_
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
1411C417, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: : l l3 2Qh
U_.)4,
Signa (s) ofApplicant(i)
Date.
gMadminlapplicatio boase.doc
20
Signature(s) of Property Owner(s)
if Different than Applicant(s)
na
n
CITY OF IOWA CITY
REVENUE DIVISION
410 E WASHINGTON ST
IOWA CITY, IA 52240
(319) 356-5066
011489-0004 Tammy H. 04/14/2020 01:42PM
MISCELLANEOUS
Description: OTHER
(OTHER)
Reference 1: SPECIAL
Reference 2: EXCEPTION
OTHER (OTHER)
2020 Item: OTHER
1 @ 460.00
OTHER (OTHER) 460.00
95900000-101100- 460.00D
10610620-341200- 460.000
Payment Id: 401225
--------------
460.00
Subtotal 460.00
Total 460.00
CHECK 460.00
Check Number 110
--------------
Change due 0.00
Paid by: THOMAS MAXWELL
THANK YOU FOR YOUR PAYMENT
CUSTOMER COPY
Proposal for a Special Exception at 6 Melrose Circle
A Special Exception is being requested for a reduction of a building setback within a
Low Density Single Family Residential (RS-5) zone. The property is located on a dead-
end street with a circular drive at the end that was developed around 1910. The
property has an unusual configuration due to the evolution of the street's
development occurring before 1930.
The proposed addition is to be located on the Northeast face of the building where
the original sunroom was located.
The owners of the property is requesting a Special Exception for a reduction to the
building setback from 15 feet to 12 feet.
It should be noted that the existing building at 3 Melrose Circle is built 12 feet from
the property line.
Page 1
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Parcel Number Property Address —ALMailing Na Mailing Address3 Mailing Zip Code
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52246
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6 MELROSE CIR
4 MELROSE CIR
THOMAS E & KATE A MAXWELL 6 MELROSE CIR IOWA CITY, IA
MICHAEL J & DIANE BROWNLEE 4 MELROSE CIR IOWA CITY, IA
U OF I 4 JESSUP HALL IOWA CRY, IA
STATE OF IOWA FOR THE U OF 1 4 JESSUP HALL IOWA CITY, IA
52246
52246
1005
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5 MELROSE PL
52242-1316
4 MELROSE PL
52242-2500
I008
8 MELROSE PL
STATE OF IOWA FOR THE U OF 1
4 JESSUP HALL
IOWA CRY, IA
52242-2500
ON
002
303 MELROSE CT
MICHAEL J ROVNER
PATRICIA L & DAVID L STROIK
812 38TH ST
WEST DES MOINES, IA
50265
2 MELROSE CIR
5706 PARADISE ROG
WEST BEND, WI
53095
ON
1003
219 MELROSE CT
13 MELROSE PL
U OF I
STATE OF IOWA BOARD OF REGENTS
4 JESSUP HALL
4 JESSUP HALL
IOWA CITY, IA
IOWA CRY, IA
52242-1316
52242-1316
1004
ON
1001
1002
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223 MELROSE CT
2 MELROSE PL
229 MELROSE CT
15 MELROSE PL
3 MELROSE PL
9 MELROSE PL
233 MELROSE CT
1 MELROSE CIR
701 MELROSE AVE
707 MELROSE AVE
711 MELROSE AVE
741 MELROSE AVE
215 MELROSE CT
618 BROOKLAND PARK DR
BARKALOW INVESTMENTS INC PO BOX 1490
U OF 1 4 JESSUP HALL
STATE OF IOWA FOR THE U OF 1 4 JESSUP HALL
U OF 1 4 JESSUP HALL
U OF 1 4 JESSUP HALL
D & J PROPERTIES LC 3019 WAPSI AVE NE
DEBORAH B SMITH 15001ST AVE #39
BENJAMIN WADE ABBAS & ALLYSON 1 MELROSE CIR
STATE OF IOWA 2301 OAKDALE BLVD
STATE OF IOWA 2301 OAKDALE BLVD
BOARD OF REGENTS, STATE OF IA 4 JESSUP HALL
STATE OF IOWA 4 JESSUP HALL
TSB HOLDINGS LLC PO BOX 1490
CHICAGO LLC 2934 TIMBERLAND PL NE
MATTHEW FURMAN & KIMBERLY KENN 5 MELROSE CIR
RACHEL J WHITE 622 BROOKLAND PARK DR
IOWA CRY, IA
52244-1490
52242-1316
IOWA CRY, IA
IOWA CRY, IA
52242-2500
IOWA CITY, IA
IOWA CRY, IA
52242-1316
52242-1316
IOWA CITY, IA
CORALVILLE, IA
52240
52241
52246
52241
52241
IOWA CITY, IA
CORALVILLE, IA
CORALVILLE, IA
IOWA CITY, IA
IOWA CITY, IA
52242-1316
52242
IOWA CRY, IA
IOWA CITY, IA
52244
52240
5 MELROSE CIR
622 BROOKLAND PARK DR
IOWA CITY, IA
52246
IOWA CRY, IA
52246
001
626 BROOKLAND PARK DR
BARKALOW INVESTMENTS INC
PO BOX 1490
IOWA CRY, W
52244-1490
004
ON
624 BROOKLAND PARK DR
607 MELROSE AVE
JOHN R & MACKENZIE E DWYER
624 BROOKLAND PARK DR
PO BOX 1490
IOWA CRY, IA
52246
BARKALOW INVESTMENTS INC
IOWA CRY, W
52244-1490
ON
1004
609 MELROSE AVE
U OF I
4 JESSUP HALL
4 JESSUP HALL
IOWA CRY, IA
52242-1316
10 MELROSE PL
STATE OF IOWA BOARD OF REGENTS
IOWA CRY, IA
52242-1316
1001
!005
1 MELROSE PL
BOARD OF REGENTS, STATE OF IA
4 JESSUP HALL
4050 WESTMARK DR
IOWA CRY, IA
52242-1316
727 MELROSE AVE
MCF INVESTMENTS LLC
DUBUOUE, IA
52002
!001
629 MELROSE AVE
NATHAN M & ANNE M KAVARS
629 MELROSE AVE
IOWA CRY, IA
52246
1007
7 MELROSE PL
STATE U OF I
4 JESSUP HALL
IOWA CRY, IA
52242
1006
6 MELROSE PL
U OF 1
4 JESSUP HALL
IOWA CITY, IA
52242-1316
Page 5
MINUTES
BOARD OF ADJUSTMENT
APRIL 8, 2020 — 5:15 PM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
PRELIMINARY
An electronic meeting is being held because a meeting in person is impossible
or impractical due to concerns for the health and safety of Commission
members, staff and the public presented by COVID-19.
MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce Parker, Amy
Pretorius
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Kirk Lehmann, Anne Russett
OTHERS PRESENT: Siobhan Harman
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDER THE FEBRUARY 12, 2020 MINUTES:
Chrischilles moved to approve the minutes of February 12, 2020. Parker seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC20-03:
An application submitted by Kum & Go LLC requesting a waiver from the minimum two-story
building requirement in the Riverfront Crossings -South District (RFC -SG) zone for a quick
vehicle servicing use near the intersection of South Gilbert Street and Highland Avenue.
Pretorius opened the public hearing.
Board of Adjustment
April 8, 2020
Page 2 of 6
Russett reiterated this is a request by Kum & Go for a waiver from the two-story minimum
requirement in the Riverfront Crossings South Gilbert District. Kum & Go is proposing
redevelopment of an existing convenience store and gas station at the corner of Highland
Avenue and South Gilbert Street. Russett showed an aerial of the area and also the zoning
map. She noted this property was rezoned to RFC -SG late last year and is surrounded by
Riverfront Crossings zoning districts as well as intensive commercial zoning districts.
In terms of background, Kum & Go owns the property at 1310 South Gilbert Street and has a
purchase agreement in place with adjacent property owners to redevelop that entire site. The
property was rezoned in 2019 from Intensive Commercial to Riverfront Crossings and earlier
this year the Board of Adjustment granted a special exception to allow a quick vehicle servicing
use at this location. Subsequent to that approval by the Board, Kum & Go submitted a design
review application to City staff for the proposed redesign of the building and that was rejected
because the building did not meet the minimum two-story requirement in the Riverfront
Crossings South Gilbert zoning district.
The role of the Board of Adjustment is to approve, approve with conditions or deny this
application. In order to approve the special exception, the Board must find that the application
meets all approval criteria, both the specific standards and the general standards. The specific
standards related to this application are as follows.
The applicant must demonstrate that the proposed quick vehicle servicing use cannot comply
with a specific standard, in this case its the two-story minimum requirement, and the intent is
that development standard is not unduly compromised. Staff finds that the property is eligible to
request this waiver because it's in the Riverfront Crossings zoning district and the proposed use
is a convenience store, which is typically a one-story building. The site is just over an acre in
size, and the current plans show 21 parking spaces with no additional space for parking.
Russett noted that adding an additional floor to the proposed design would require more parking
than is available on this site. The applicant has proposed higher external walls to give the
appearance of a two-story building and staff recommends a condition to the special exception
that would require extra higher external building walls to meet the intent of the Code
requirement while maintaining the number of floors typically seen with this type of use. Russett
noted the intent of the two-story minimum requirement is to promote the creation of
economically vital mixed use and pedestrian friendly districts. She showed an image of the
proposed elevations that Kum & Go submitted.
Russett next reviewed the general standards that are applicable to this application. The first is
that the special exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Russett noted there is an existing convenience store with fuel sales
at this site and the Board recently approved allowing a new convenience store and fuel sales.
This proposed request will not change that, it will not change the use nor will it change the
access to the site, it will just result in a one-story building instead of a two-story building.
The second criteria is that the exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property values.
Again, the proposed request will not change the use or access and reduction in height will not
be injurious to the use and enjoyment with adjacent property owners.
Board of Adjustment
April 8, 2020
Page 3 of 6
The third criteria is the establishment of the special exception will not impede the normal and
orderly development improvement and improvement of the surrounding property for use as
permitted in the district. Most of the area around the site is built out however it is eligible for
redevelopment under the Riverfront Crossings Form -Based Code.
The fourth criteria is that adequate utilities, access roads, drainage and or necessary facilities
have been or are being provided. Staff finds that this criteria has been met.
The fifth criteria is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion, and Russett noted this criteria was met as part
of the rezoning. The current site has access points off South Gilbert Street, Highland Avenue
and Third Street and a condition was attached to the rezoning that the applicant must close all
access points from South Gilbert and only allow one access point from Highland Avenue.
The sixth criteria is that that the proposed development will conform to all applicable regulations
and standards in this zone and through the design review process staff will ensure compliance
with the Riverfront Crossings Form -Based Code. Additionally, approval of this request will
waive the requirement that the building be two stories and it will allow the building to be one-
story.
The seventh criteria is that the proposed exception will be consistent with the Comprehensive
Plan of the City. The Future Land Use Map of the Comprehensive Plan has designated this
area for mixed use development. The plan supports urban infill and the Riverfront Crossings
Master Plan calls for pedestrian scale development in this area along South Gilbert Street with
buildings to the front of the street and parking to the rear. It also calls for a retail/convenience
store in this area to serve local residential and commercial uses. The plan also envisions this
area to be redeveloped.
Staff recommends approval of EXC20-03, a request by Kum & Go, LLC to waive the two-story
minimum building requirement in the RFC -SG zoning district for the proposed quick vehicle
servicing station on approximately 1.15 acres of property located at the northeast corner of
South Gilbert Street and Highland Avenue subject to the following condition:
1. That the proposed convenience store be built with higher external building walls, a
minimum of 22' in height, to give the appearance of a two-story building.
Siobhan Harman (1459 Grand Avenue, Des Moines, Iowa 50309) from Kum & Go noted that
they are trying to keep their construction projects moving forward so thanked the Board and City
for coordinating this meeting. Harman thanked staff for a very complete report, they did a great
job of incorporating the application and the comments with their findings. Harman noted she
didn't have anything to add but acknowledged they have shown that they've been able to meet
the seven criteria that they need to in order to demonstrate a special exception. She noted the
building will be between 22 and 24 feet with the elevations for most of the building at 22 feet.
Harman stated they have no issue with the condition being on the approval of this. She added in
closing this building will be similar to the buildings that are located at Riverside Drive and
Benton Street and First Avenue and Muscatine Avenue. She noted they do have a slight
Board of Adjustment
April 8, 2020
Page 4 of 6
prototype modification, which is basically having the interior seating areas just a little bit smaller,
but the building will virtually be the same.
Pretorius closed the public hearing
Chrischilles stated the report is relatively clear and it makes sense since gas stations generally
are single -story.
Parker moved to approve EXC20-03, an application submitted by Kum & Go LLC
requesting to waive the two-story minimum building requirement in the RFC -SG zoning
district for the proposed quick vehicle servicing station on approximately 1.15 acres of
property located at the northeast corner of South Gilbert Street and Highland Avenue
subject to the following condition:
1. That the proposed convenience store be built with higher external building
walls, a minimum of 22' in height, to give the appearance of a two-story building.
Hazell seconded the motion.
Parker stated regarding agenda item EXC20-03 he concurs with the findings set forth in the staff
report of this meeting date, April 8, 2020, and concludes that the general and specific criteria
are satisfied unless amended or opposed by another board member. He recommends that the
Board adopt the findings in the staff report for the approval of this proposal. Hazell seconded
the findings.
A vote was taken and the motion carried 5-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
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A request submitted by Kum & Go LLC to extend the expiration date from six months to 12
months for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the
Riverfront Crossings -South Gilbert (RFC -SG) zone and EXC20-03, a special exception
(approval pending) to waive the minimum 2-story building requirement.
Dulek noted that the extension of the expiration date can be done by a motion and vote
Chrischilles moved to approve EXC20-03, an application submitted by Kum & Go LLC to
extend the expiration date from six months to 12 months for EXC19-12, a special
exception approved to allow a quick vehicle servicing use in the Riverfront Crossings -
South Gilbert (RFC -SG) zone and EXC20-03, a special exception (approval pending) to
waive the minimum 2-story building requirement.
Hazell seconded the motion.
A vote was taken and the motion carried 5-0.
Board of Adjustment
April 8, 2020
Page 5 of 6
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
ADJOURNMENT:
Hazell moved to adjourn this meeting, Chrischilles seconded, a vote was taken and all
approved.
Board of Adjustment
April 8, 2020
Page 6 of 6
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2020
NAME
TERM EXP.
1/8
2/12
418
CHRISCHILLES, GENE
12/31/2022
X
X
X
COX, ERNIE
12/31/2020
X
O/E
X
HAZELL, ZEPHAN
12/31/2021
X
O/E
X
PARKER, BRYCE
12/31/2024
O/E
X
X
PRETORIUS, AMY
12/31/2023
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member