HomeMy WebLinkAbout10-14-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, October 14, 2020
Electronic Meeting — 5:15 PM
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Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC20-0001*: An application submitted by MMS Consultants requesting a special
exception to allow adrive-through lane in an Intensive Commercial (CI-1) zone for a
proposed new building at 1335 Highway 1 West.
4. Consideration of Meeting Minutes: July 15, 2020
5. Adjournment
* Case numbering reset on June 23, 2020 due to the new Customer Self Service (CSS) portal
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-lehmann@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: November 11 / December 9 / January 13
Informal: Scheduled as needed.
To: Board of Adjustment
Item: EXC20-0001 *
Parcel Number: 1021227001
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
STAFF REPORT
Prepared by: Kirk Lehmann, Associate Planner
Date: October 14, 2020
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
I.stutzman@ mmsconsultants.net
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
j.marner@ mmsconsultants.net
GRD Clinics, LLC
1805 State Street, STE 101
Bettendorf, IA 52722
Special exception to allow a drive -through facility in an
Intensive Commercial (CI-1) zone
To establish a drive -through lane for a new coffee shop
1335 Highway 1 West
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0.53 acres
1
Existing Land Use and Zoning: Commercial; Intensive Commercial (CI-1)
Surrounding Land Use North: Commercial &Residential; Intensive Commercial (CI -
and Zoning: 1), Low density Single -Family Residential (RS-5)
East: Industrial; Intensive Commercial (CI-1)
South: Commercial; Intensive Commercial (CI-1)
West: Commercial &Residential; Intensive Commercial (CI-
1), Low density Multi -Family Residential (RM-12)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-4C-2K-3: Special Approval Criteria Drive Through Facilities
File Date: September 11, 2020
BACKGROUND:
Earlier this year, the applicant, MMS Consultants, requested a rezoning of 1335 Highway 1 W
(REZ20-01), located on the corner east of the Sunset Street and Highway 1 West intersection. The
rezoning retained the same Intensive Commercial (CI-1) zoning but modified a condition from a
previous Conditional Zoning Agreement (CZA) to reduce the front setback along Highway 1 from
30 feet to 10 feet. Only July 7, 2020, City Council approved amendments to the CZA in Ordinance
No. 20-4825 recorded in Book 6075, Pages 961-968 of the Johnson County Recorder subject to
the following conditions:
1. The development shall have only one access onto Highway 1, which shall be provided by
the existing internal access road leading to the Sunset Street/Highway 1 West intersection,
as shown on the final plat of D and L Subdivision. No additional vehicle access points onto
Highway 1 shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway
1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right -of- way shall
be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum
of 15 feet in width shall be located adjacent to the wall. If applicable, Owner shall submit a
concept plan illustrating a tree planting plan for landscape beds, to be approved by the
Director of Development Services prior to issuance of a building permit.
3. There shall be a 10-foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving
other than sidewalks shall be allowed within this 10-foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester is required, consisting of ornamental trees and a mixture of evergreen and
deciduous shrubs to be located within the reduced setback area.
5. Prior to approval of any site plan for the property, Owner shall dedicate a public access
easement for installation of a sidewalk along the west side of the landscaped area, of a
size and in a location to be determined in coordination with the City Engineer. The access
easement shall be submitted in a form of agreement acceptable to the City Attorney.
The applicant is now requesting a special exception to establish a drive -through facility for a new
coffee shop to be built at the subject property. The proposed drive -through will be accessed from
a frontage road that serves the entire area, including Proctor & Gamble and several auto -oriented
commercial properties. An order board will be located to the north of the proposed building with a
single service window for payment and pick-up located on the south side of the building, facing
2
toward the access to the frontage road from the Highway. The proposed exception must comply
with the conditions of the CZA, including enhanced screening requirements.
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 14-4C-2K-3, pertaining to special exceptions to allow a Drive -Through
use in a CI-1 zone, as well as the general approval criteria in Section 14-413-3A.
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: 14-4C-2K-3 Special Exception Approval Criteria
a. Access and Circulation: The transportation system should be capable of safely
supporting the proposed drive -through use in addition to the existing uses in the
area. Evaluation factors include street capacity and level of service, effects on
traffic circulation, access requirements, separation of curb cuts, and pedestrian
safety in addition to the following criteria:
1) Wherever possible and practical, drive -through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access
drive is not possible, the board may grant access to a primary street, but may
impose conditions such as limiting the width of the curb cut and drive, limiting
the number of lanes, requiring the drive -through bays and stacking lanes to be
enclosed within the building envelope, and similar conditions.
FINDINGS:
• The property has access from Highway 1 West via a private shared access point
and frontage road. The frontage road provides circulation between adjacent
commercial and light industrial properties to the north, east, and south.
• The drive -through lane is proposed to be accessed from the frontage road on the
east side of the property. No direct access to Highway 1 is allowed.
2) To provide for safe pedestrian movement, the number and width of curb cuts
serving the use may be limited. A proposal for a new curb cut on any street is
subject to the standards and restrictions in chapter 5, article C, "Access
Management Standards", of this title.
41
FINDINGS:
• The submitted site plan will utilize existing curb cuts for 3 separate access points
on the frontage road: one entry point, one exit point from a small parking area,
and one exit point from the proposed drive -through lane.
• The proposed use is drive -through only, so pedestrians will not be allowed to
enter the building. Sidewalks are not provided to this area along the frontage
road or highway, though they are provided from the onsite parking to the
proposed building.
• The CZA requires an easement for pedestrian access along the access drive to
the development. The proposed drive -through does not encroach on the
pedestrian easement or otherwise affect pedestrian movement.
3) An adequate number of stacking spaces must be provided to ensure traffic
safety is not compromised. A minimum of six (6) stacking spaces is
recommended for drive -through facilities associated with eating establishments
and a minimum of four (4) stacking spaces for banking, pharmacies, and similar
nonfood related drive -through facilities. "Stacking spaces" shall be defined as
being twenty feet (20') in length and the width of a one lane, one-way drive. The
board may reduce the recommended number of stacking spaces if the applicant
can demonstrate that the specific business has unique characteristics such that
the recommended number of parking spaces is excessive (i.e., a drive- through
that is to be used for pick up only and not ordering).
FINDINGS:
• The submitted site plan indicates stacking space for at least 7 vehicles:
approximately 3 spaces including the order board and 4 spaces including the
pick-up window.
• The location of the drive -through is approximately 120 feet from the intersection
of the access from Highway 1 and the frontage road.
• The traffic memo from Scooter's Coffee estimates AM peak traffic at 25 cars into
and out of the site, or approximately 1 car every 2 minutes and 24 seconds. The
stacking spaces provided could accommodate approximately 28% of the peak
hour demand at any one time.
• Research indicates that coffee shop uses can produce long maximum queues, in
excess of 10 cars in high traffic areas.' Stacking may spill into the private
frontage road but will not compromise safety due to slow speeds and adequate
space to avoid affecting access to the development from the Highway.
4) Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance
areas, and other controls to ensure safe vehicular and pedestrian movement.
FINDINGS:
• The submitted site plan shows directional arrows are provided at all access
points to the site.
• Directional signs are shown at each curb cut from the frontage road to direct
cars, including an entrance sign, an exit sign, and a do not enter sign.
1 Spack, M., Moreland, M., de Leeuw, L., Hood, N. (2012, February). Drive -Through Queue Generation. Retrieved
from http://countingcars.com
4
b. Location:
1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located
east of the Iowa River, drive -through lanes and service windows must be located
on a nonstreet-facing facade. In all other locations where drive-throughs are
allowed, this location standard must be met, unless the applicant can
demonstrate that a street -facing location is preferable for the overall safety and
efficiency of the site, does not conflict with adjacent uses or pedestrian access,
and does not compromise the character of the streetscape or neighborhood in
which it is located.
FINDINGS:
• The property is not in a CB-2 zone or a subdistrict of the riverfront crossings
district.
• The drive -through lane and service window face Highway 1 and the access drive
to the area.
• The proposed drive -through routing, which faces the street, allows additional
stacking spaces above the minimum required and provides separation of drive -
through and access road traffic, which is preferable for the safety and efficiency
of the site.
• The required screening and the lower elevation of the drive -through in relation to
Highway 1 reduces its visibility from the highway and prevents any potential
conflicts with adjacent uses, pedestrian access, and streetscape character.
2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot
lines and public rights of way and screened from view according to the design
standards below.
FINDINGS:
• The drive -through lane is set back more than 10 feet from the Highway 1
property line, approximately 10 feet from the north property line, and 32 feet from
the access drive.
• Screening is provided along the drive aisle to the north, west, and south, and
where possible along the east property line. The site plan reflects that
landscaping and an approved landscape plan are required due to the CZA.
c. Design Standards: The number of drive -through lanes, stacking spaces, and paved
area necessary for the drive -through facility will not be detrimental to adjacent
residential properties or detract from or unduly interrupt pedestrian circulation or
the commercial character of the area in which the use is located. The board of
adjustment may increase or reduce these standards according to the
circumstances affecting the site.
1) To promote compatibility with surrounding development, the number of drive -
through lanes should be limited such that the amount of paving and stacking
space does not diminish the design quality of the streetscape or the safety of
the pedestrian environment.
5
FINDINGS:
• The site abuts properties with commercial zoning to the north, east, and south;
property across from Highway 1 is a mix of commercial, multi -family, and single-
family zoning, though is further than 300 feet from the subject property.
• A single, 14-foot wide drive -through lane is shown.
• Some green space will be provided between the drive -through lane and adjacent
access roads and properties.
• The site and surrounding properties currently have no pedestrian access, and no
pedestrian access is anticipated in the near future across Highway 1.
2) Drive -through lanes, bays, and stacking spaces shall be screened from views
from the street and adjacent properties to the S2 standard. If the drive -through
is located adjacent to a residential use or property zoned residential, it must be
screened from view of these properties to at least the S3 standard. To preserve
the pedestrian oriented character of streets in the CB-2 zone and the riverfront
crossings district, the board may require the drive -through to be incorporated
within the building or be screened with masonry street walls and landscaping.
Street walls shall be a minimum of five feet (5') in height and shall be designed
to complement the principal building on the site.
FINDINGS:
• S2 screening is required along the north and south property lines
• The property is not adjacent to any residential use or zone, but the CZA requires
a screen of ornamental trees and a mixture of evergreen and deciduous shrubs
from Highway 1, which corresponds to the S3 standard.
• The CZA requires approval of a landscaping plan by the City Forester prior to the
issuance of a building permit.
3) Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling
on the site.
FINDINGS:
• The applicant has proposed a single drive -through lane with one order board and
one service window.
4) Stacking spaces, driveways, and drive -through windows shall be located to
minimize potential for vehicular and pedestrian conflicts and shall be integrated
into the surrounding landscape and streetscape design of the neighborhood in
which it is located.
FINDINGS:
• Pedestrian use of the site will be minimal.
• The proposed site plan minimizes pedestrian and vehicular conflicts.
5) Lighting for the drive -through facility must comply with the outdoor lighting
standards set forth in chapter 5, article G of this title and must be designed to
prevent light trespass and glare onto neighboring residential properties.
X
FINDINGS:
• Staff shall review any new lighting for the site in compliance with current code
standards as part of the building permit process.
6) (Rep. by Ord. 16-4685, 11-15-2016)
7) Loudspeakers or intercom systems, if allowed, should be located and directed
to minimize disturbance to adjacent uses. Special consideration should be
given to locations adjacent to residential uses to ensure such systems do not
diminish the residential character of the neighborhood.
FINDINGS:
• Intercom systems in the order boards are directed north, towards Highway 1.
• Residential properties are on the other side of Highway 1 and will not be affected
by the proposed use.
General Standards: 14-46-3A Special Exception Review Requirements
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• There is an existing vacant store located on this site which will be redeveloped as
part of the proposed project.
• The intersection with Highway 1 is designed to accommodate the levels of traffic
generated by large commercial uses.
• The drive -through lane is more than 100 feet from the entrance access drive to
Highway 1.
• The frontage road provides separation from the heavy traffic of Highway 1.
• Specific criteria findings as discussed above also apply, including those related to
vehicle access, drive -through location, and directional signage and markings. The
requested drive -through will not endanger the public health, safety, comfort, or
general welfare.
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:
• Required S3 screening from Highway 1 along the west property line and S2
screening from neighboring properties will minimize views of the drive -through.
• While there may be some queuing associated with the site on the private frontage
road, there is sufficient internal circulation to maintain access to nearby sites.
• Property values will not be affected.
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.
7
FINDINGS:
• The surrounding properties are developed, and the site is surrounded by commercial
zoning to the north, east, and south.
• Redevelopment of the subject property and these requested waivers will not affect
development or improvement of surrounding properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• There are currently no sidewalks to serve this subdivision, but the location of the
drive -through maintains an opportunity to establish pedestrian access in the future.
• Pedestrian access is provided from the parking lot to the proposed building.
• The subject property has access to all other necessary utilities and facilities.
• The redevelopment will not require off -site improvements.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The proposed use relies primarily on access from the frontage road.
• There is adequate space for 7 cars to stack in the drive -through lane with additional
stacking space on the private frontage road when necessary.
• While coffee service is known to require additional queuing, peak hours of demand
are in the early morning and will not affect ingress or egress on public streets.
• The signalized intersection at Highway 1 has capacity to handle the additional trips
generated by the use.
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 special exception criteria discourage locating the drive -through lane on the
street. The site plan indicates S3 screening within the setback towards Highway 1
and S2 screening along other property lines.
• Through the site plan review process, staff will ensure compliance with the other
provisions of the Iowa City Zoning Code and with the CZA for the site.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map in the Comprehensive Plan designates this area for
Intensive Commercial Development. The Future Land Use Map in the South Central
District Plan designates this area for Intensive or Highway Commercial.
• The Comprehensive Plan supports planning for commercial development in defined
commercial nodes as identified in District Plans to meet the needs of the present and
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future population. The District Plan also discusses the importance of upgrading
landscaping and creating pedestrian access.
• The proposed drive -through is consistent with the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC20-0001, to allow adrive-through lane in an Intensive
Commercial (CI-1) zone for a proposed new building at 1335 Highway 1 West, subject to the
following conditions:
1. Substantial compliance with the site plan dated September 29, 2020.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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MMS Consultants, Inc.
Experts in Planning and Development Since 1975
September 11, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: Specific Approval Criteria for a special exception application at 1335 Highway 1
West
Code Section 14-4C-2:
K.1 Allowed Facilities: The site is located in a CI-1 zone
K.3.a Access and Circulation:
1) The drive through lanes have been situated to access the shared cross access
drive located on the east side of the property.
2) The building that is being proposed will not have customer seating, and will be
drive through only. As such, this will minimize pedestrian traffic to and around
the site to primarily employees, if at all. Pedestrian traffic for this area is
already limited, although a condition of the recently adopted Conditional Zoning
Agreement for the site requires an easement for pedestrian access along the
west edge of the property. The drive -through as proposed does not require any
pedestrian crossings that are directly affected.
3) The proposed plan provides seven stacking spaces, exceeding the minimum
requirement of six spaces.
4) Pavement markings and signage will be provided as required by staff to ensure
safe vehicular movement on the site.
K.3.b Location:
1) The existing private drive on the east side of the site will provide access to the
drive-thru. By routing the drive thru around the building on the west side, we
can provide the additional stacking spaces above the minimum required. This
location also provides separation of the drive-thru traffic and private drive
traffic. The screening that is required as part of the conditional zoning
agreement that has been approved, and the lower elevation of the drive-thru in
relation to Highway 1 will help reduce the visibility of the drive-thru from the
,eened as required.
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MMS Consultants, Inc. 319,351.8282
mmsconsultants,net
Experts in Planning and Develnpment5rnce 1975 mrrzs@mmsconsultants.net
K.3.c Design Standards:
1) The proposed site design allows for a maximum number of stacking spaces,
while allowing for employees to access the site without directly impacting the
traffic flow of the drive through lane. The site design allows for considerable
green space adjacent to the entrance drive to Highway 1, as well as additional
green space throughout the site.
2) The drive through has been screened from Highway 1 to the S2 standard.
4) The site has been designed to minimize pedestrian and vehicular conflicts.
5) Lighting will be provided to comply with outdoor lighting standards.
7) The site is located adjacent to Highway 1. Any speakers that are located at the
site will likely not impact any of the adjacent properties.
Respectfully submitted,
Jon D. Marner, Partner
r//EST.z
SCOOTER'S
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402.614.1723
10500 Sapp Brothers Dr
Omaha, NE 68138
scooterscoffee.com
Sept 101", 2020
Plan and Zoning Commission
City of Iowa City
410 E. Washington St
Iowa City, IA 52240
RE: TRAFFIC MEMO - SCOOTER'S COFFEE, 1335 HWY 1 WEST, IOWA CITY, IA
A. Site Description
This is a traffic memo for the proposed Scooter's Coffee drive-thru located at the northeast corner
of Hwy 1 W and Sunset St in Iowa City, IA. This memo utilizes information based on the proposed
Scooter's Coffee site plan and trip generation rates from the Institute of Transportation Engineers'
(ITE) Trip Generation Manual, Tenth Edition, 2017.
The proposed development will consist of a 556 square foot (SF) Scooter's Coffee Drive-Thru. This
is a drive-thru only concept; customers will not be able to enter the building. The site will utilize
the access to Hwy 1 W from Sunset St. The access to Hwy 1 W from Sunset St is existing; the
proposed development is not requesting new curb cuts.
B. Site Trip Generation
Trip generation rates from the Institute of Transportation Engineers' (ITE) Trip Generation
Manual, Tenth Edition, 2017, are utilized to estimate the traffic generated to the site. The
proposed Scooter's Drive-Thru is analyzed using the land use type Coffee/Donut Shop with Drive -
Through Window (ITE Code 937). Table 2 summarizes the estimated vehicle trips that would be
generated by the proposed facility.
Table 2. Site Trip Generation
AM Peak Hour
PM Peak Hour
Facility
Size
Dail}
1n
Out
Total
In
Out
Total
Coffee/Donut Shop with Drive-
50 Square
Through Window
Feet
459
25
25
50
12
12
24
(ITE Code 97
PROJECT TOTAL
459
25
25
50
12
12
24
As shown above, the proposed Scooter's Drive-Thru is anticipated to generate approximately 459
daily weekday vehicle -trips, including 50 vehicle -trips during the AM peak hour and 24 vehicle -
trips during the PM peak hour.
I hereby certify that this memo was prepared by me or under my direct personal supervision. The
information contained herein is, to the best of my knowledge and belief, accurate and current as
of the date of this memo.
Dan Forslund
Construction Manager
Scooter's Coffee
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MMS Consultants, Inc.
Experts in Planning and Development Since 1975
September 11, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: General Approval Criteria for a special exception application at 1335 Highway 1
West
Code Section 14-4B-3:
A.1 The proposed site design minimizes pedestrian and vehicular conflicts. It also
provides for an entrance and exit to a cross access drive instead of a primary public
street.
A.2 The site is located away from residential areas, with close access to a signalized
intersection.
A.3 This site is an in -fill property. The current surrounding properties have already
been developed. This proposal would not impede the existing uses.
A.4 All utilities, access roads, and necessary facilities are existing and able to meet
the proposed site requirements.
A.5 The proposed site design allows traffic to access a common access drive. This
drive has access to Highway 1 via a signalized intersection.
A.6 The site design conforms to the applicable zoning standards and regulations.
A.7 The site use is an allowed use for the existing zone. This zoning and use are
consistent with the current Comprehensive plan.
Respectfully submitted,
LEGAL DESCRIPTION:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE
THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF
THE JOHNSON COUNTY RECORDERS OFFICE.
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MINUTES
BOARD OF ADJUSTMENT
INFORMAL MEETING
JULY 15, 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, Joshua Engelbrecht, Kirk Lehmann, Anne Russett
OTHERS PRESENT: Britni Andreassen, Keith Weggen, Michael Pugh, 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.
SPECIAL EXCEPTION ITEM EXC20-07:
An application submitted by Britni Andreassen on behalf of Kum & Go L.C. requesting waivers
from the 3-foot parking setback behind the secondary street facade along 3rd Street and from
the frontage type and related design requirements for the north facade at 1310 South Gilbert
Street & 348 Highland Avenue.
Pretorius opened the public hearing.
Lehmann reiterated this is an application for Kum & Go requesting waivers from the 3-foot
parking setback behind the secondary street facade on 3rd Street and from the frontage type
and related design requirements for the north facade. The property is located on the east side of
South Gilbert Street, north side of Highland Avenue just north of Highway 6. The area includes
both a gas station that is currently there and then also some light industrial buildings on the east
Board of Adjustment
July 15, 2020
Page 2of8
side of that site which is all owned by Kum & Go now.
Lehmann stated the area is zoned Riverfront Crossings - South Gilbert Street, it is surrounded
by other zones including Riverfront Crossings - South Gilbert zones, CC-2 to the south and
intensive commercial. For background Kum & Go, L.C. rezoned the property in this location
from intensive commercial to Riverfront Crossings - South Gilbert on December 17, 2019. After
that, Kum & Go has since requested two special exceptions, EXC19-12 which allows a quick
vehicle servicing use in the Riverfront Crossings - South Gilbert zone and was approved
January 8, 2020. Then EXC20-03, which waives the two-story building minimum height
requirement that's in that zone, and was approved April 8, 2020. Kum & Go is now requesting
another special exception, EXC20-07 which would waive three additional requirements including
that surface parking must be set back three -feet behind the secondary street facade along
Highland Avenue; that the remaining street frontage along South Gilbert Street have a 5-foot free-
standing screen wall; and that the north face of the building meet either the Urban Flex or
Storefront frontage type standards. After staff provided comments to the applicant, Kum & Go
provided an updated site plan dated June 23, 2020 which was in the Board's packet. This
moved the proposed building from the northwest corner of the site to the southwest corner of
the site and they also modified the proposed screen wall. Instead of being a three-foot wall, it'd
be a five-foot fence of either wrought iron or metal that imitates wrought iron. Lehmann stated
that is allowed under the Form -Based Code with the approval of the Form -Based Code
Committee. So Kum & Go's revised request only requires waivers from the parking setback on
3rd Street and the frontage and related design requirements on the north building face.
To give more detail Lehmann showed the first site plan noting the building is in the northwest
corner and the wall that's proposed along South Gilbert Street is also three foot in this plan. The
initial requests are that the north facade would have a waiver, the setback along Highland
Avenue would have a waiver, and then that fence along South Gilbert would have a waiver.
Lehmann showed the revised site plan noting again the building placement moved to the
southwest, the fence type changed, and with that then the only requests are the north building
facade and a three-foot setback behind the building facade when looking at it from Gilbert Street
on the 3rd Street side.
The role of the Board of Adjustment is charged with approving, approval with conditions or
denying the application based on the facts presented. To approve the special exception the
Board must find that it meets all applicable approval criteria that includes specific standards
pertaining to the waiver requested and general standards for all special exceptions.
In this case, the specific standards are found at Section 14-413-413-12J which allows waivers
from development standards for quick vehicle servicing in Riverfront Crossings zoning districts.
So for properties located in CB-2, CB-5 or Riverfront Crossings District or Towncrest Design
Review zones, where it can be demonstrated that the proposed quick vehicle servicing use
cannot comply with a specific standard as indicated in subsections B12h and B12i of this
section, the Board of Adjustment may grant a special exception to modify or waive the provision,
provided that the intent of the development standards is not unduly compromised. The Board of
Adjustment may impose any condition or conditions that are warranted to mitigate the effects of
any variation from these development standards. Staff made findings that the property is zoned
Riverfront Crossings — South Gilbert, is in the Riverfront Crossings District, and is therefore
eligible to request a waiver from standards outlined in that section which requires that properties
in the Riverfront Crossings District comply with the Riverfront Crossings Form -Based Code.
Board of Adjustment
July 15, 2020
Page 3of8
Lehmann continued that the applicant requested waivers from the following two sets of
requirements; setback and screening requirements and frontage and facade requirements.
With the waiver from the setback and screening requirements, there is a requirement found at
14-2G-3A-4b-(2) that surface parking, loading, and service areas be set back at least three feet
from the secondary street building facade. This helps create pedestrian -friendly streetscapes
where building facades are aligned along public sidewalks and parking and service areas are
behind buildings. The proposed parking along Highland Avenue complies with this standard, but
a waiver is needed for parking on the north portion of the site near 3rd Street. Lehmann pointed
out the south and north building facades as facing secondary streets and noted parking should
be set back three feet behind these facades. This would mean parking should be completely
behind the building when looking at it from South Gilbert Street. In this case, the south parking
setback follows that standard. However, the north side does not because there's parking that is
not behind that building facade which is visible from South Gilbert Street. So, the first exception
is to allow parking within that area that is not behind the building.
The second waiver is for frontages and facades. Principal buildings and facades must comply
with frontage type and building type standards found at 14-2G-3A-3e. In addition, several
building design standards found at 14- 2G-7F also apply to street -facing facades, including
requirements to divide facades vertically into 20- to 35- foot bays (1 b), to provide equal
architectural quality and detail at corners (1f), to provide a certain proportion of the facade as
doors or transparent windows (1 g), and to disallow blank facades (1 h). These standards
improve the quality and character of public streets and spaces by breaking up facades, creating
seamless transitions around corners, and providing visual interest, which ultimately contributes
to more pedestrian -friendly streets. The applicant requested these requirements be waived for
the north facade of the proposed building which faces 3rd Street. Lehmann pointed out the
north facade facing 3rd Street on the site plan, which is where they are requesting waivers. The
initial set of elevations they submitted with the application shows that the north elevation is a
blank wall which requires a special exception. The applicant submitted an updated site plan
where the north elevation changed pretty dramatically, and the south elevation also changed.
However, there are still exceptions that are needed on that north facade. Lehmann said the
updated design has more design elements than the initial version that was submitted.
Lehmann continued with the staff findings, noting 3rd Street, where they're requesting most of
these waivers, is not shown as a primary street on the regulating plan. The Code's intent
regarding the parking setback, screening, frontage, and facade requirements is being met in this
case because a five foot tall street screen is proposed on the west and north sides of the site as
shown on the June 23, 2020 site plan, and because the exceptions are primarily along 3rd
Street which is a non -primary street which is not shown in the regulating plan.
Lehmann stated staff recommends a condition that the final site plan substantially comply with
the submitted site plan dated June 23, 2020 to ensure parking is visually buffered from the
sidewalk on South Gilbert Street and that the street screen to the north provides additional
buffering between the sidewalk and north facade. Staff also recommends that the final
elevations substantially comply with those dated July 8, 2020, which was not included in the
staff report. Lehmann noted that doesn't mean that Kum & Go can't make changes because
staff also recommends that if there are substantial changes from the submitted site plan or
elevations, they must comply with the site development standards and other applicable
requirements of the City Code.
Board of Adjustment
July 15, 2020
Page 4 of 8
Hazell asked if the question before the Board is if they allow that area to be developed is this
significantly impacting pedestrian experience on along 3rd Street? It looks like on the plan
there's still a sidewalk along 3rd Street and is that still fully intact with this change. Lehmann
confirmed that was correct and that they're also evaluating the pedestrian experience along
South Gilbert and that more of these standards apply to that Gilbert Street frontage as a primary
street, but then also the pedestrian experience along 3rd Street.
Lehmann next discussed the general standards, which are found in Section 14-4B-3A. The first
is that the specific proposed special exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Staff finds that there is an existing convenience store
with fuel sales located on the site and the Board of Adjustment has already approved allowing a
new convenience store with fuel sales at the site in special exception EXC19-12. The Board of
Adjustment has also waived the two-story minimum building requirement of this site with the
condition that the external walls of the proposed convenience store be built at least 22 feet in
height to give the appearance of a two-story building was which was approved with special
exception 20-03. The new request will not change the use or access of the site. The requested
waivers will result in the following: a view of parking from South Gilbert Street that is not blocked
by the building on the north side of the lot: a building where the where the north face will not
contain the frontage type or provide other building design features. Finally, staff also finds that
the five-foot tall street screens will buffer both results from public rights -of -way.
The second criteria is that 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. Staff finds that the proposed request will not change the
use or access to the site. A modification of parking setbacks and frontage and design standards
on the north face of the building will not injure the use and enjoyment of other property in the
immediate vicinity, nor will it affect nearby property values.
The third standard is that the establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for use as
permitted in the district in which such property is located. Staff finds that the surrounding
properties are developed but are also eligible for redevelopment under the Riverfront Crossings
Form -Based Code, and that redevelopment of this property in these requested waivers will not
affect development or improvement of surrounding properties.
The fourth standard is that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided. Staff finds that the subject property has access to all
necessary utilities and facilities and the redevelopment will not require off -site improvements.
The fifth criteria is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion on public streets. Staff finds that the current site
has access points off South Gilbert Street, Highland Avenue and 3rd Street. The rezoning at
Ordinance Number 19-4814 included a condition that the applicant close all access points from
South Gilbert Street and have only one access point from Highland Avenue to minimize traffic
congestion at the intersection of South Gilbert Street and Highland Avenue and on surrounding
streets. As a result, staff finds the proposed redevelopment will improve traffic congestion,
ingress and egress.
The sixth criteria is that except for these specific regulations and standards applicable to the
Board of Adjustment
July 15, 2020
Page 5of8
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 located. Staff finds that
approval of the requested special exception will waive the following requirements. First, that the
surface parking be set back three -feet from the north building facade along 3rd Street (found at
14-2G-3A-4b-(2)); the north face of the building will be required to have a frontage type (found
at 14-2G- 3A-3e); and that the north face of the building will not comply with several related
building design standards (found at 14-2G-7F-1 b, -1 f, -1 g, and -1 h). Staff also finds that through
the design review process staff will ensure compliance with the other provisions of the Riverfront
Crossings Form -Based Code. Lehmann reiterated again with the staff recommendations, as
long as it substantially complies with the elevations and site plan, that if they do make changes
they would just have to comply with those standards.
Then the final criteria is that the proposed exception be consistent with the Comprehensive Plan
of the City as amended. Staff finds that the Future Land Use map in the Comprehensive Plan
designates this area for mixed use development, which includes a variety of retail, office, and
residential uses. The Comprehensive Plan supports urban infill and redevelopment in certain
areas of the City, including the Riverfront Crossings District and that the Riverfront Crossings
Master Plan calls for a pedestrian scale development in this area along South Gilbert Street with
buildings along the front of the street and parking to the rear. Some planning concepts include
a gas station on the corner of South Gilbert Street and Highland Avenue. The plan also calls for
a retail/convenience store in this area to serve local demand, and the area's envisioned to be
redeveloped with a commercial use.
Staff recommends approval of special exception EXC20-07, waiving the 3-foot parking setback
behind the secondary street facade along 3rd Street and from frontage type and related design
requirements for the north facade of the building, for the properties located at 1310 South
Gilbert Street & 348 Highland Avenue subject to the following conditions:
1. The final site plan must substantially comply with the submitted site plan, dated June 23,
2020, or any changes to it must comply with the site development standards and other
applicable requirements of the City Code.
2. The final elevations must substantially comply with the submitted elevations, dated July 8,
2020, or any changes to it must comply with the design standards and other applicable
requirements in the City Code.
Lehmann noted they did also receive a public comment which he sent out in advance of the
meeting and that public comment basically said that some of the surrounding property owners
had no objections to this application.
Parker asked for clarification that the findings number six that was written before the July 8
elevation changes, which Lehmann confirmed, Parker also noted 3rd Street is technically a
dead end.
Keith Weag^ (Civil Design Advantage) stated he didn't have much to add in the way of the
presentation acknowledging Lehmann did an awesome job going through it. He would like to
add a little bit of clarity as to why they're before the Board for the third time. After the last
special exception meeting, they submitted building elevations and site plan for design review
process where they got further into the details, the nuts and bolts of the layout and design of the
site and the building. During that process, through communication and correspondence with
staff, they realized that there were certain criteria that they simply could not meet and as a
Board of Adjustment
July 15, 2020
Page 6of8
result, they continued discussions and coordination with staff to find a layout and a plan that
meets the criteria as well as something that staff and Kum & Go are comfortable with. In
addition, Weggen stated they have no objections to staff's comments or the conditions in the
staff report.
Pretorius closed the public hearing.
Parker moved approval of EXC20-07, an application submitted by Britni Andreassen on
behalf of Kum & Go L.C. requesting waivers from the 3-foot parking setback behind the
secondary street facade along 3rd Street and from the frontage type and related design
requirements for the north facade at 1310 South Gilbert Street & 348 Highland Avenue
subject to the following conditions:
1. The final site plan must substantially comply with the submitted site plan, dated
June 23, 2020, or any changes to it must comply with the site development
standards and other applicable requirements of the City Code.
2. The final elevations must substantially comply with the submitted elevations, dated
July 8, 2020, or any changes to it must comply with the design standards and other
applicable requirements in the City Code.
Chrischilles seconded the motion.
Pretorius noted it seemed a little bit complicated, but Lehmann did a good job of explaining
things that seemed pretty cut and dry. She added the facade looks really good and she can
definitely tell the difference between the original versus what they're now proposing.
Additionally, the site plan looks good, so clearly they're making an effort to work with what's
happening here.
Parker doesn't think there's a whole lot of pedestrians going to all those businesses which will
now be razed for this venture.
Hazell stated the screening along Gilbert Street really does help buffer that significantly.
Cox noted he continues to be supportive of this project and thinks the pedestrian experience will
not be affected negatively by these changes. The landscaping along 3rd Street will do a lot and
therefore is feeling really good about this project.
Chrischilles noted he has no objections to the plan, it seems to be well thought out and the
exceptions proposed will be kind of a non -issue as will be covered by the facade or the
screening which he thinks is fine.
Chrischilles stated regarding agenda item EXC20-07 he concurs with the findings set forth in the
staff report of this meeting date, July 15, 2020 and concludes that the general and specific
criteria are satisfied with the additional recommendation that the final elevations substantially
comply with those dated July 8, 2020. If there are substantial changes to the site plan or
elevations, they must comply with the applicable requirements of the City Code. Therefore,
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.
Board of Adjustment
July 15, 2020
Page 7of8
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.
SPECIAL EXCEPTION ITEM:
A request submitted by Kum & Go L.C. to extend the expiration date to July 30, 2021 for
EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront
Crossings -South Gilbert (RFC -SG) zone, EXC20-03, a special exception to waive the minimum
2-story building requirement, and EXC20-07, a special exception (approval pending) to waive
the 3-foot parking setback behind the secondary street fagade along 3rd Street and from the
frontage type and related design requirements for the north fagade.
Hazell moved approval of the request submitted by Kum & Go L.C. to extend the
expiration date to July 30, 2021 for EXC19-12, a special exception approved to allow a
quick vehicle servicing use in the Riverfront Crossings -South Gilbert (RFC -SG) zone,
EXC20-03, a special exception to waive the minimum 2-story building requirement, and
EXC20-07, a special exception (approval pending) to waive the 3-foot parking setback
behind the secondary street fagade along 3rd Street and from the frontage type and
related design requirements for the north fagade.
Parker seconded the motion.
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.
CONSIDER THE JUNE 10, 2020 MINUTES:
Parker moved to approve the minutes of June 10, 2020. Chrischilles seconded the motion.
A vote was taken and the motion carried 5-0.
ADJOURNMENT:
Chrischilles moved to adjourn this meeting, Cox seconded, a vote was taken and all approved.
Board of Adjustment
July 15, 2020
Page 8of8
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2020
NAME
TERM
EXP.
118
2/12
4/8
5/13
5/27
6/10
7/15
CHRISCHILLES, GENE
12/31/2022
X
X
X
X
X
X
X
COX, ERNIE
12/31/2020
X
O/E
X
X
X
X
X
HAZELL, ZEPHAN
12/31 /2021
X
O/E
X
X
X
O/E
X
PARKER, BRYCE
12/31 /2024
0/E
X
X
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PRETORIUS, AMY
12/31/2023
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Key: X = Present
0 = Absent
O/E = Absent/Excused
-- -- = Not a Member