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HomeMy WebLinkAbout03-09-2022 Board of AdjustmentWednesday, March 9, 2022 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall W= 1. Call to Order 2. Roll Call 3. Nomination and selection of Board Chair and Vice Chair 4. Special Exception Item a. EXC22-0001: An application submitted by Thomas Mentz requesting a reduction in the minimum rear building setback for a legal non -conforming single-family use in a High Density Multi -Family Residential (RM-44) zone to construct an addition and off-street parking at 603 S. Dodge Street. 5. Consideration of Meeting Minutes: December 8, 2021 6. Board of Adjustment Announcements 7. Adjournment If you 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: April 13 / May 11 / June 8 Informal: Scheduled as needed. March 9, 2022 Board of Adjustment Meeting EXC22-0001 ITEM 4A ON THE AGENDA Staff Report Prepared by Staff To: Board of Adjustment |Uam:EXC22-O0O1 Parcel Number: 1015137001 GENERAL INFORMATION: Prepared by: Kirk Lehmann, Associate Planner Date: March S'2022 Aoo|iC8Oi: Thomas Mentz 41SVV.Park Road Iowa City, IA 52246 Contact Person: PnOpertv(JvvDer(S) Requested Action Purpose: L0o@UOn: Location Map: Size: Thomas Mentz 41SVV.Park Road Iowa City, |A52248 Thomas & Christine Mentz 41SVV.Park Road Iowa City, IA 52246 Adjustment tOthe rear setback requirement T0allow construction Of@Daddition which includes @Dattached garage and living space. 603 S. Dodge Street 4,500 square feet Existing Land Use; Zoning: Residential; High Density Multi -Family Residential (RM-44) 01 Surrounding Land Use; Zoning North: Residential; Low Density Multi -Family Residential (RK4-12) East: Residential; High Density Multi -Family Residential (RM-44) South: Residential; High Density Multi -Family Residential (RM-44) VV8Gt Residential; Nigh Density Multi -Family Residential Applicable Code Sections: 14-4B'3/\ General Approval Criteria 14-213-413-5: Adjustments to Principal Building Setback Requirements File Date: February 1.2O22 The applicant, Tom yWentz, is requesting o setback reduction at 603 S. Dodge Street to allow the construction of an addition on the west side of the house, which would contain a garage and living space abov*, and to widen the driveway (See Attachment 4). There are two existing off-street parking spaces on the west side of the subject property. The proposed project would replace this with @ total of four off-street parking Sp8CeS and VVOu|d iDC[H8SB the total |iViDQ area by nearly 500 square feet. However, the addition would not change the use of the property, nor would it increase the rental occupancy beyond the 5occupants currently allowed. The subject property iS8single-family home in 8 High Density Multi -Family Residential (RM-44) zone, which dORG not 8UOvv single-family USSS. ||Vvv9v8r, the house was built prior to its current zoning and so is a legal non -conforming single-family use. Legal non -conforming single-family uses may b8expanded and/or structurally altered, provided changes dOnot increase 0[extend any other nonconforming SitUGUOn On the pn}pHdv. If 8 nonconforming single-family use is changed to increase the occupancy beyond that of a family or group household, the property must be brought into full compliance with the number Dfrequired Off-St[88t parking spaces. The pn3pOSOd addition would not increase the occupancy beyond 8family Orgroup household. The property is On 8 corner lot, and the proposed addition must comply with the setback requirements Of the principal building. It nlUSt also nOHei the single-family Site development StGnd8nJS' including the required distance from the garage entrance to the property line. The applicant has requested the special exception to reduce the rear setback from 2Ofeet to 3 feet, which would allow the project tOproceed GSproposed. The purpose Ofthe Zoning Ordinance iSLO promote the public health, safety, and general welfare; to conserve and protect the V3|Ue Ofproperty throughout the city; and to encourage the most Gppn3ph@tU use of land. It is the intent of the CJndiDGDCe 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 14-2113-403-5b, pertaining toadjustments kz principal building setbacks requiring special exceptions, as well as the general approval criteria in Section 14-4113-3A. For the Board ofAdjustment togrant this special e:ouoUonrequgat.eauhofthehdk)wingoritehon below must be met. The burden Ofproof iS On the 8pp|iC8O[. and their comments regarding the criteria are in the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-2113-4113-5b: Adjustments to Principal Building Setback (1) The situation is peculiar tmthe property imquestion. FINDINGS: * The subject property isulegal non -conforming single-family use that was established before its current zoning OfHigh Density Multi -Family Residential (RK8-44). * This legal non -conforming single-family use may be expanded because the proposed addition vv0U|d not increase or extend any other nonconforming GitU8UOn On the property, nor would it increase occupancy beyond a family or group household. * The building iSOD@relatively small 754bOtby0U-fOOtcorner lot, and the zone requires 2U-fOOtfront setbacks iOthe north and east, 82O-fOOtrear setback tOthe west, and 8 1O-footside setback tnthe south. * An existing enclosed porch west of the house currently extends into the rear setback. ° The property has a grandfathered occupancy of 5, which requires 4 off-street parking Sp@CeS per the zoning code. HOvvHV8[. the property has only two existing parking spaces on an uncovered concrete pad that are about 3 feet from the rear lot line. (2) There is practical difficulty incomplying with the setback requirements. FINDINGS: ~ Most Ofthe structure sits just over 23feet from the rear property line tOthe west. • The existing eDC|Os8d porch already extends into the rear setback area. • The lot cannot accommodate additional off-street parking without o[least a special euC8pUon, and other locations would likely require relocating the existing curb cut. w There is p[@{tiC@| difficulty CUDlp|yiDg with the setback [UquingO08DtS if the GOOUUDt Of off-street parking is to be brought into compliance with the zoning code based on its gnGndf8thRr8d rRnLG| occupancy Of5. (3) Granting the exception will not be contrary to the purpose of the setback regulations. FINDINGS: ° The purpose Of setback [egU|8UODS is to DD8iDt8iD light, 8i[ separation for fire protection, and 8CceSS for firefighting; provide opportunities for privacy between dwellings; promote a reasonable physical relationship between buildings and between n]Sid0DC8S; and provide flexibility to site @ building SU that it is cO0Op@Ub|e with buildings in the vicinity. • The proposed addition would be at least feet from the rear lot line tothe west, 20 feet from front lot line to the north, and 14 feet from the aide lot line to the south. w The proposed addition would b8approximately 8feet from the building 1Othe west. ° Other older single-family homes in the neighborhood do not meet minimum setback requirements, which suggests a setback reduction is consistent with the general scale and placement of structures in the area. w VViOdUvvS do not face west which helps Dl@iOtGiO privacy for that property. (4) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. FINDINGS: • Because the structure would be 3 feet from the property line, the building code would require a 1-hour rated fire wall to the west to reduce fire risk. • A 20-foot driveway would require modified site development standards, as discussed below, but it is adequate to provide compliant parking spaces. • The open space would require modified dimension standards, as discussed below, but the total amount of open space would be consistent with City standards. • Windows do not face west which helps maintain privacy for that property. • Parking on surrounding streets should improve with additional off-street spaces. (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 slightly more than 3 feet from the rear lot line. General Standards: 14-413-3: 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: • The subject property will remain a single-family detached use. • The property has 3 bedrooms and two bathrooms, though its rental occupancy has been grandfathered at 5 residents. As such, the subject property does not comply with the number of off-street parking spaces required by the zoning code. • The proposed addition includes almost 500 new square feet of living space with 2 new bedrooms and a new full bathroom. Rental occupancy would not change. • The proposed project would expand the existing curb cut but would retain access in a similar place, would not affect access for surrounding properties, and would comply with the City's access management standards. • Additional off-street parking spaces would bring the property into compliance with the City's parking standards and would improve parking for the site and surrounding streets. • The proposed addition would not interfere with visibility at the intersection of Bowery Street and S. Dodge Street. 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: • Abutting properties are owned by the applicant. • The proposed addition remains far enough from the property line to avoid impacting the ability of neighbors to utilize and enjoy their properties. • The applicant is proposing to re -side the house and re -shingle the roof, which will ensure a cohesive look between the addition and existing structure. 3' Establishment mfthe 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 area ieofully developed residential neighborhood. * The proposed addition would meet side and front setback requirements. * The proposed addition would retain @ 3-fOOtsetback from the west property line and VVOU|d be 8pprOXinl8tH|y S feet from the building to the vVHSt. 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. * PedHSih8O 8CCeSS is provided from the front door LO 8di8C8Ot SidHm@|kS which run along Bowery Street to the north and S. Dodge Street to the east. * Compliance with other City standards will be C0Dfi[Dl8d during building permit n8vi8vv. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: * NOchanges are being proposed to the existing sidewalk. * The proposed project includes expanding driveway access on Bowery EKre*t, which requires an access permit to ensure compliance with access management standards. w New pavement would improve access for cars entering and exiting the property. w Two additional off-street parking spaces would reduce parking on nearby streets and improve traffic flow nearby. w Anticipated traffic vvOU|d be similar to other single-family USeS in |OvvR City. 6' Except for the specific regulations and standards applicable Nothe exceptionbeimg considered, the specific proposed exception, inall other respects, conforms tothe applicable regulations or standards of the zone inwhich itis tobelocated. FINDINGS: ~ While single-family detached USeS are not 8UOVVed in the RK4-44 zone, this |Hg8| nonconforming single-family use may beexpanded because the proposed addition dOgS not iDC[eGSe or 0XtgDd any other DODCOOfODDiOQ SitU@UOD OD the property provided two required minor rnOdifiC@UOnS are attained, and it would not increase the occupancy beyond that OfGfamily Orgroup household. * Lots with detached single-family uses require Gtleast 5OO square feet Ofusable Open Sp@C8 in the rear yard with DO diDlUDSiOO |gSS than 20 feet. The pFUpOS8d addition would not allow open space tObe 20feet wide but would allow 5OOsquare feet Ofopen apace. Toensure the addition does not lead toa nonconforming situation, the open space dimension standard requires @ minor modification pursuant to 14-2B-4E-4. ~ Garages and carports must be located to provide a 25-footdriveway from the garage ent[8OCD to the right of way line. The proposed driveway length is 20 feet. To ensure the addition does not lead b]@ nonconforming situation, the driveway length requires 8 minor modification pursuant to 14-2/\-6C-4. * The lot size of the subject property is less than the 5,000 square feet minimum lot size but isolegal nonconforming lot because itcontains asingle-family use. * The Dn3p0Sed addition will not cause the building to exceed the 50% 0GKiO0UDl lot coverage 0[354b0tmaximum height, and itwill comply with other minimum setbacks. * Additional parking spaces will bring the property's off-street parking into compliance with the zoning code based Onits current rental occupancy. * The proposed project includes expanding driveway access on Bowery Street, which requires 3Daccess permit tOensure compliance with access management standards. Changes tVthe access may berequired onpart nfthis process. * Staff will CoDfi[[O CODlp|i8nCU with @pp|iC8b|8 St8Dd8[dS during building permit review. 7' The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: The C000p[eh8OSiv8 Plan Future Land Use Map designates this area for ReSid8Dd8| (25+ DVv8UiOg Units Per Acre) and the Central [)iSthCt H8O FUtUn3 Land Use Map designates this area for High [)enaib/ Multi -Family Redevelopment. However. the current land use of this property will not change due to the proposed special exception. The Central Planning District includes goals to encourage "reinvestment in residential properties throughout the district" and to "bring over -occupied properties into compliance with current zoning [8gu|QU0DS" Because the proposed project iS@O8xp8DSiODOf8DeXiSdDgSiOg|e-fo0i|yhO08th8t brings the property into COOnp|i@OC8 with OM-St[8S[ parking Sp8CeS, the proposed exception is consistent with the City's Comprehensive and District Plans. STAFF RECOMMENDATION: Staff recommends approval OfEXC22-O0O1. to reduce the rear setback requirement along the west property line from 20 feet to 3feet for the property located at 003 S. [)udQg Street, subject to the following conditions: 1. Approval Of8minor modification pursuant LO14-2B-4E-4k]reduce the minimum width Of the required open space from 20feet to14feet. 2. Approval of a minor modification pursuant to 14-2A-6C-4 to reduce the minimum length of the driveway to the property line from 25feet to 20feet. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: 'I Danielle Sitzrnen.A|CP.Development Services Coordinator March 9, 2022 Board of Adjustment Meeting EXC22-0001 ATTACHMENT 1 Location Map Prepared by Staff March 9, 2022 Board of Adjustment Meeting EXC22-0001 ATTACHMENT 2 Zoning Map Prepared by Staff March 9, 2022 Board of Adjustment Meeting EXC22-0001 ATTACHMENT 3 Correspondence Submitted by the Identified Party February 15, 2022 Thomas Mentz Via Email: mentzt@gmail.com Tom: 'k CITY OF IOWA CITY 4 10 East Washington Street Iowa City, Iowa 52240- [826 (319) 356-5000 (319) 3S6-5009 FAX www.icgov.org The City recently received your special exception application for the property located at 603 S. Dodge Street (EXC22-0001). After a preliminary review of the application materials, staff has the following comments and questions: Lots with detached single family uses require at least 500 square feet of usable open space in the rear yard with no dimension less than 20 feet. The proposed addition would not allow open space to be 20-foot wide. Consequently, the open space dimension standard will require a minor modification pursuant to 14-2B-4E-4. The minor modification requires demonstrating that "every effort has been made to design buildings ... to meet the open space requirement", among other approval criteria. Please discuss efforts made to meet the open space requirement during planning for this addition. The lot for this property is relatively small making meeting the open space requirements challenging. The proposed addition is designed to maximize the open space while maintaining the historical look of the neighborhood (or at least this corner). The footprint of the proposed addition is of minimum size while still being able to garage two small vehicles. The backyard (measured as 14.5' x 55) has a total square footage of 797 sq feet far exceeding the 500 square 'foot requirement. 2. Garages and carports must be located to provide a 25-foot driveway from the garage entrance to the right of way line. The proposed driveway length is 20 feet. Consequently, the driveway length will require a minor modification pursuant to 14-2A-6C-4. 3. Provide additional detail as noted on the site plan, including the following: a. Note the distance from the existing building to the north and east property lines. noted on site plan b. Note the distance from the proposed driveway curb cut to the end of the street radius to demonstrate compliance with 14-5C-4A-2. noted on site plan c. Show proposed open space on the plan in compliance with 14-2134E. noted on site plan 4. How far would the proposed addition be from the adjacent building to the west? noted on site pllan 5. It appears that some changes are being made to the north fagade (it appears there are changes to the gable, roofline, and windows). Please discuss the reason for any changes. The original plan was in error and has been updated to show the intended symmetric gables and rooffines. Roofline has been altered to make for a conforming entrance to the attic. One north window will be replaced with a door to the balcony, the other windows on north side will remain as is (but upgraded). Two new small windows February 15, 2022 Page 2 on the north side will allow for natural light and ventilation of bathrooms. 6. Because the property would be 3 feet from the property line, the building code would require a 1 -hour rated fire wall to the west to reduce fire risk. noted on building plans 7. Describe the proposed appearance of materials to be used for the addition - including the and shingles - specifically as they relate to the appearance of the existing house. Entire exterior of the house will be resided with Hardie board (cement fiber board) siding. The entire roof of the house will be reshingled with 35 architectural asphalt shingles, along with new gutters and downspouts as needed. New windows will be of similar size and shape to existing windows. All existing windows to be replaced with same size windows. 8. Discuss any potential negative effects resulting from the loss of windows on the west fagade and any mitigation efforts that may be needed as a result. For example, it appears that Bathroom 2 loses its window. Small awning type windows have been added to bathrooms 2 and 3. These will allow for natural light and ventilation while maintaining privacy. Bedroom 2 will lose a window on west side, to compensate the window on the south side of bedroom 2 will be doubled in size. 9. Staff is considering the following condition: a. Ensure materials match existing garage and house, including siding and shingles, to be confirmed prior to approval of a building permit. I will agree to reside the entire house with Hardie board (cement fiber board) siding, and reroof the entire house with 35 year architectural asphalt shingles, along with new gutters and downspouts as needed. New windows will be of similar size and shape to existing windows. b. Many of these comments are also noted on the site plan. Please provide any responses or revisions by noon on Tuesday, March 1 to ensure time for City review prior to the Board of Adjustment meeting. Note that the City may have additional comments as the review is continued. If you have any questions, call me at 319-356-5247 or email at kirkJehmqnn,5iowa-cit org. @ ..... y Regards, J- 0, lL___ Kirk Lehmann, AICP Associate Planner, Neighborhood and Development Services February 16, 2022 RE: Special Exception for 603 S. Dodge Street Dear Property Owner: RaaS ��*, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240_.1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org The Iowa City Board of Adjustment has received an application submitted by Thomas Mentz requesting a special exception to reduce the rear setback to allow for an addition and garage for the property located at 603 S. Dodge Street (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for March 9, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www.icgov.orq/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann(a)-iowa-cit y�org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case -by -case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can't request a special exception for everything —only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner's own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board's ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood 8 Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood 8 Development Services. E-mail kirk-lehmannCiowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmannCiowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood Et Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.orQ. IM /%/ Vz ) Lj M < bi LLJ 0 U) Z M < �- V) Lo 0 X N 'r (o C) T 11 Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code 4A PROPERTIES LC 1492 BLACK DIAMOND RD SW OXFORD, IA 52322 610 S JOHNSON HOUSING COOPERAT 4047 KITTY LEE RD IOWA CITY, IA 52240 612 S JOHNSON STREET LLC 414 E MARKET ST IOWA CITY, IA 52245 614 S JOHNSON STREET INC 2445 DEVON CT NE IOWA CITY, IA 52240 646 S DODGE STREET INC 2445 DEVON CT NE IOWA CITY, IA 52240 APARTMENTS AT U OF I LC 414 E MARKET ST IOWA CITY, IA 52245-2627 AUDITOR'S OFFICE 913 S DUBUQUE ST STE 101 IOWA CITY, IA 52240 BRANDT ALBERHASKY LLC 1900 N DUBUQUE ST IOWA CITY, IA 52245 BRENDAN FITZGERALD 533 S LUCAS ST IOWA CITY, IA 52240 BRP RENTALS LLC 5 WOODLAND HTS NE IOWA CITY, IA 52240 DANIEL P BROOKHART 4660 PENNY LN NE IOWA CITY, IA 52240 DAVID E & JACLYN R ROMAN 366 TETON CIR IOWA CITY, IA 52245 DODGE STREET LLC 316 E COURT ST IOWA CITY, IA 52240 DYLAN INVS LLC 308 E BURLINGTON ST #422 IOWA CITY, IA 52240 ELIZABETH A OCKENFELS 527 MAHASKA CT IOWA CITY, IA 52246 GARY J & AMY RSCH MIT 4766 INVERNESS CT IOWA CITY, IA 52245 IOWA CITY RENTAL HOUSES LLC 4047 KITTY LEE RD SW IOWA CITY, IA 52240 JAMES R HAWTREY 534 S DODGE ST IOWA CITY, IA 52240 JCV PROPERTIES LLC 6919 W 101ST ST OVERLAND PARK, KS 66212 JEFFREY L MILLER 308 E BURLINGTON ST #153 IOWA CITY, IA 52240 JOHN 0 & JOELLEN S ROFFMAN 1314 BURRY DR IOWA CITY, IA 52246 KOETHE INVESTMENTS LLC PO BOX 725 NORTH LIBERTY, IA 52317 KSMJ PROPERTIES LLC 85 AUBURN EAST LN CORALVILLE, IA 52241 LILIENTHAL PROPERTIES LLC 68 SOLON RD SOLON, IA 52333 LISA STAM & ELIZABETH STAM 525 S LUCAS ST IOWA CITY, IA 52240 M & W PROPERTIES LLC 518 BOWERY ST IOWA CITY, IA 52240 MARK B NORTON 873 NORMANDY DR IOWA CITY, IA 52246-2932 MG APARTMENTS LC 711 S GILBERT ST IOWA CITY, IA 52240 MICHAEL L & SHERRI P FURMAN 3051 BUCHMAYER BEND NE IOWA CITY, IA 52240 MICHAEL T & KELLEY A MCLAUGHLI 614 PINE RIDGE RD CORALVILLE, IA 52241 PRESTIGE PROPERTIES IV LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 QV LLC PO BOX 3049 IOWA CITY, IA 52244-3049 RICHARD F LOCKHART 3490 G RICHARD CIR SW IOWA CITY, IA 52240 RICHARD NEAL & KERRIE S MILLER 4337 COSGROVE RD SW OXFORD, IA 52322 ROBERT J & KIMBERLY A NAUMAN 50 DURANGO PL IOWA CITY, IA 52246 ROBERT S MICHAEL 71 HERON CIR IOWA CITY, IA 52245 ROLLEY G GLASGOW 321 S JOHNSON ST IOWA CITY, IA 52240-5015 RONALD J SWEETING 1104 PENKRIDGE DR IOWA CITY, IA 52246 RUBY INVESTMENTS LLC 916 MAIDEN LN IOWA CITY, IA 52240 RYAN J & ANA I PETERSON 524 GALWAY DR IOWA CITY, IA 52246 SCOTT RENTALS LLC 5823 TABOR DR AMES, IA 50014 THOMAS W & CHRISTINE A MENTZ 419 PARK RD IOWA CITY, IA 52246-2311 TWO CITIES LLC PO BOX 5340 IOWA CITY, IA 52244-5340 U LLC PO BOX 3047 IOWA CITY, IA 52244-3047 VAN BUREN VILLAGE LLC 610 EASTBURY DR STE 1 IOWA CITY, IA 52245 WATTS GROUP 425 E OAKDALE BLVD SUITE 101 CORALVILLE, IA 52241 XJ-11 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 XJ-22 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 XQ LLC PO BOX 3049 IOWA CITY, IA 52244-3049 XW LLC PO BOX 3049 IOWA CITY, IA XX LLC PO BOX 3049 IOWA CITY, IA XY LLC PO BOX 3049 IOWA CITY, IA ZB-1 LLC PO BOX 3047 IOWA CITY, IA ZD LLC PO BOX 3047 IOWA CITY, IA ZE-1 LLC PO BOX 3047 IOWA CITY, IA ZF LLC PO BOX 3047 IOWA CITY, IA ZG LLC PO BOX 3047 IOWA CITY, IA ZJ-14 LLC PO BOX 3049 IOWA CITY, IA ZT LLC PO BOX 3049 IOWA CITY, IA ZU LLC PO BOX 3049 IOWA CITY, IA ZY-1 LLC PO BOX 3049 IOWA CITY, IA ZZ LLC PO BOX 3049 IOWA CITY, IA RESIDENT 631 S LUCAS ST IOWA CITY, IA RESIDENT 630 S JOHNSON ST IOWA CITY, IA RESIDENT 636 S JOHNSON ST IOWA CITY, IA RESIDENT 619 BOWERY ST IOWA CITY, IA RESIDENT 621 S LUCAS ST IOWA CITY, IA RESIDENT 728 BOWERY ST IOWA CITY, IA RESIDENT 529 S LUCAS ST IOWA CITY, IA RESIDENT 641 S LUCAS ST IOWA CITY, IA RESIDENT 725 BOWERY ST REAR IOWA CITY, IA RESIDENT 725 BOWERY ST IOWA CITY, IA RESIDENT 614 S JOHNSON ST IOWA CITY, IA RESIDENT 646 S DODGE ST IOWA CITY, IA RESIDENT 627 S LUCAS ST IOWA CITY, IA RESIDENT 517 S LUCAS ST IOWA CITY, IA RESIDENT 521 S LUCAS ST IOWA CITY, IA RESIDENT 619 S JOHNSON ST IOWA CITY, IA RESIDENT 632 S DODGE ST IOWA CITY, IA RESIDENT 604 BOWERY ST IOWA CITY, IA RESIDENT 701 BOWERY ST APT 1 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 2 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 3 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 4 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 5 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 6 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 7 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 8 IOWA CITY, IA RESIDENT 701 BOWERY ST APT 9 IOWA CITY, IA RESIDENT 802 BOWERY ST IOWA CITY, IA RESIDENT 704 BOWERY ST IOWA CITY, IA RESIDENT 609 S LUCAS ST IOWA CITY, IA RESIDENT 610 S JOHNSON ST IOWA CITY, IA RESIDENT 732 BOWERY ST IOWA CITY, IA RESIDENT 730 BOWERY ST IOWA CITY, IA RESIDENT 621 S DODGE ST IOWA CITY, IA RESIDENT 612 S JOHNSON ST IOWA CITY, IA RESIDENT 609 S DODGE ST IOWA CITY, IA RESIDENT 617 S DODGE ST IOWA CITY, IA 52244-3049 52244-3049 52244-3049 52244-3047 52244-3047 52244-3047 52244-3047 52244-3047 52244-3049 52244-3049 52244-3049 52244-3049 52244-3049 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 52240 RESIDENT 603 S DODGE ST IOWA CITY, IA 52240 RESIDENT 625 BOWERY ST IOWA CITY, IA 52240 RESIDENT 612 S DODGE ST IOWA CITY, IA 52240 RESIDENT 639 S DODGE ST IOWA CITY, IA 52240 RESIDENT 520 S DODGE ST IOWA CITY, IA 52240 RESIDENT 636 S DODGE ST IOWA CITY, IA 52240 RESIDENT 642 S DODGE ST IOWA CITY, IA 52240 RESIDENT 731 BOWERY ST IOWA CITY, IA 52240 RESIDENT 716 BOWERY ST IOWA CITY, IA 52240 RESIDENT 606 S 1OHNSON ST IOWA CITY, IA 52240 RESIDENT 523 S LUCAS ST IOWA CITY, IA 52240 RESIDENT 637 S LUCAS ST IOWA CITY, IA 52240 RESIDENT 639 S LUCAS ST IOWA CITY, IA 52240 RESIDENT 626 S VAN BUREN ST IOWA CITY, IA 52240 RESIDENT 615 S 1OHNSON ST IOWA CITY, IA 52240 RESIDENT 536 S DODGE ST IOWA CITY, IA 52240 RESIDENT 618 BOWERY ST IOWA CITY, IA 52240 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CITY, IA 52240 RESIDENT 801 BOWERY ST IOWA CITY, IA 52240 RESIDENT 537 S LUCAS ST IOWA CITY, IA 52240 RESIDENT 630 BOWERY ST IOWA CITY, IA 52240 RESIDENT 515 S DODGE ST IOWA CITY, IA 52240 RESIDENT 519 S DODGE ST IOWA CITY, IA 52240 RESIDENT 521 S DODGE ST IOWA CITY, IA 52240 RESIDENT 626 BOWERY ST IOWA CITY, IA 52240 RESIDENT 620 BOWERY ST IOWA CITY, IA 52240 RESIDENT 637 S DODGE ST IOWA CITY, IA 52240 RESIDENT 520 S 1OHNSON ST IOWA CITY, IA 52240 RESIDENT 526 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 444 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 504 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 510 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 520 BOWERY ST UNIT 1 IOWA CITY, IA 52240 RESIDENT 520 BOWERY ST UNIT 2 IOWA CITY, IA 52240 RESIDENT 520 BOWERY ST UNIT 3 IOWA CITY, IA 52240 RESIDENT 650 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 625 S DODGE ST IOWA CITY, IA 52240 RESIDENT 633 S DODGE ST IOWA CITY, IA 52240 RESIDENT 635 S DODGE ST IOWA CITY, IA 52240 RESIDENT 608 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 621 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 535 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 1 IOWA CITY, IA 52240 RESIDENT 521 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 525 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 511 S JOHNSON ST IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 2 IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 3 IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 4 IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 5 IOWA CITY, IA 52240 RESIDENT 513 BOWERY ST UNIT 6 IOWA CITY, IA 52240 RESIDENT 612 S VAN BUREN ST IOWA CITY, IA 52240 RESIDENT 648 S DODGE ST IOWA CITY, IA 52240 March 9, 2022 Board of Adjustment Meeting EXC22-0001 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Vo EnerGov Project Description: Remove back porch (now enclosed) that is need of significant repair and replace with two car garage and second story above garage. Garage footprint isaminimum space for two cars while staying within special exception parameters. Garage will allow for anadditional two parking spaces and keep resident cars off the streets. Occupancy does not change from current. D���d YOU hold a Good Nl6ghbof Meeting? No Date ofprevious mplp�kcmtionor alplp«� �fi|cd� 7�r���� Afllspecial exceptions �hmwe specific opprovaAcriteria that must be met. Please hmdioa1e wh.chopedfio aplprmvoUcritera are applicable 1nthis request' Contact staff for �helpidemt&Ving the specific approval criteria that Must be met 14'2,A-6C-4 14'213-41E-4 IM /%/ V)z Lj M < bi LLJ 0 U) Z M < �- V) Lo 0 X N 'r (o C) T 11 IJNV� M scud ; 9C O O EMB (1) The situation is peculiar to the property in question; 603 S Dodge is a sirigie fairniiy dweHing on relativeiy srnaH corner Ilot with occupaincy of 5 Ibut onlly 2 pairs ng spaces,, This Ilea ds to cars b61rIg pairked llegalHy, on tf'ne lawir�, or on nearby sidEl streets. l want to bUiid an two cair attached garage (ad6ng two addftioinal parking slpots) to provide adeqUate parking for this property. (2) There is practical difficulty in complying with the setback requirements; The piropon;ed two cair gaira( " f " "IMUM snze to fit, two cars and sfi!lH stay ge iis o rydN witNin spec4l exceptioin pairainneten's (3) Granting the exception will not be contrary to the purpose of the setback regulations; and Purpose: The minimum setback requirements are intended to: a. Maintain light, air, separation for fire protection, and access for firefighting; It its a coriner Ilot so two sides (Noirth and IEast) are olpein to the, strEnEnt. Theire is 30' bEltweein this buftfirig aind the ore inext door (609 S Dodge). Large IEgiress windows Wli be fading so,Ah and ir°oto owfolit, aflow, d sgarty. b. Provide opportunities for privacy between dwellings; wHl provide high qUalit y, roorn dai*E)I�Iirlg, wdow shades for aH windows. AddftioinaHy, as Ifinvacy fence couid lbe added at anytirne if desred c. Reflect the general building scale and placement of structures in the city's neighborhoods; I he fiina�l squiaire ibotage, footpiriint, and desgri of the hm,iise aire in cadence wftlh the other Ihnou.nses in the n6ghborhood,. d. Promote a reasonable physical relationship between buildings; and I his is oine of the Ilast, few stands of houses in tine Vdinity aind II �inteiriid to rnake this piropeifty bleind iirl peirfecfily e. Provide flexibility to site a building so that it is compatible with buildings in the vicinity. 1"his hm,jse has Ibeeirn pooiry rnanagE.d and rrmintaiinn',!d for years, I have aWays beer) rriy direarn to aUlUire this property and bring it LAlp to date WhHe rnaiintalin'uing its airdNtE.'Cltuira� l integirity and s6Virig the pairi<iing ogis)fics. (3) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. I see oinlly positive effecis frorn tKs piroposai in that the iransndeints don't have to park ori the street aind the hOUse wlH Ibe again be LaeaUflft]L (4) 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. Yes, thiis is the case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort orgeneral welfare. Thisproposa|m/iUimprovejub|icsafety byaUuwin0for, proper pardngofvehides. 2. The specific proposed exception will not beinjurious tothe use and enjoyment ofother property in the immediate vicinity and will not substantially diminish or impair property values inthe neighborhood. | have oovnedthe abuffing propernes(G25Bom/eryand GO9GDodge) since 1g89/199O respective|y, For, 3O+years | have vvantedtobuyand improvethbpropeirtyas�ta|vvays has b�enpoor|ymain1ainedanddetrimen4|tothe ne�ghborhood. Upmncump|etionaU properties in thevicinity vviU improve. ]. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted inthe district inwhich such property islocated. Surrounding properties are a|so sin& fanni|V units m/ith occupancy 0f5, 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Nochanges touti|itiesvvi||beneeded S. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The primary reason for this proposaUistoget corsoff thestreets, 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 orstandards ofthe zone inwhich itistobelocated. Yes, 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. Yes, N O N N N N 0 0 0 0 0 0 0 0 M M N N N�t O O�t O O O N M O O N �t LO O m O a) N N N N N N N N N N N N N N N N N N N N N N N N N N M N N N M N N N N N -0 N N N N N N N N N N N N N N N N N N N rH N N I N N N N N N N N N N N N N U Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln lD Ln Ln lD m m m m m m Ln Ln Ln Ln Ln Ln Ln C- jv O O O O O O nn m m m m m m N N N N G Lf1 Lf1 Lf1 Lf) Lf) Lf) M v Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q _ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q p Q Q Q Q p Q Q Q Q Q Q Q O O O O O O O O O O O O O O O O OOO O O OgOO 2g O 0 0 O O———O——————— - R: R: Lu N N N z O N Q O ZLU O J O O N N N N N N N N N N z N z W W W W W W W W W N Z O O W O H O O O O H H H H H H H H O O O w Z W > W N �' N oc n oc oc oc oc n n n n n n n n oc oc oc oc z> O N O Q2E ^ z N v O Ln O O O O N N N N N N N N N F O O O Z v~ Q cc Q W� Q LA Q w LT 0) H H H I- I- I- I- I- p p p Ln = Ln z O z r` O E r` H J r- r, -gyp O O O > > > > > > > > Q = x > Q x w = oWC U O oWC O ?O (UJ O LMO N w Q > O Q w m p w w w w m m 0 0 0 0 0 0 0 0 u w w w w p 00 Q 0 m Y Q m Z �_ m Q t» to z X U Z Z Z Z X X U U U U U U U U J W Z z z r-1 (,� J r-1 Q p Lb m Z Lb X �_ m X X N Q �_ Q X O_ m W O_ O_ O_ O_ m m W W W W W W W W Ln , M M O_ W Ln Ln w 2 O w N w m YCY) N m m Y J m O N -1 -1 -1 -1 O O N N N N N N N N Ln 00 11 11 rl N Ln Ln N� O1 Ol ct � O O N ct O O M CY)`.-I m ON O 2 l0 mm w w w w m mM M M M M M M M W �-I W W W �-I W W r-I M N Ln i-I i-I M O_ 00 r-1 O_ O_ i-I Ql N N 0_ N IL O W x x x x x Ln x x x (D W 2 z o D :D :D :D Q V Q Q Q Q V V V V V V V V Z Q Q Q J U J U U U U J J J J J J J J V V V co L Z 2 > 2 2 2 2 > > > > > > > > o 2 2 cr CCJ W Q N W Q } In LLI Q Q Q Q } } } } Ln Ln Ln Ln Ln Ln Ln Ln W Q Q Z W W W W W W W W 00 } } Q Q V `Z Z Y Ln } U J Q � V J w U — W J � W J W W W W J J J J H H H H H H H H W W W J J W J 0�} J < W J J J J Q Z V J d. 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1015137001 1. 1 ")eed liloicier: THOMAS W MENTZ TRUST [)eed h-ldder 2,: CHRISTINE A MENTZ TRUST Pliropoi ty 603 S DODGE ST Acidirem: IOWA CITY MAP THIS ADDRESS Pllll)lNarnie:' RESIDENTIAL Class: RESIDENTIAL Map Areir, 20500-RES Sec.",-TwLai- l,'tirq-, -- [. �ot-dliodc 10-9 1lecja1�1l . �� LYON'S 2ND ADDITION, SUBDIV OF BLOCK 9 E 75' OF N 60' LOT 10 BLK 9 March 9, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA December 8, 2021 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL DECEKNBER 8,2821-5:15 PM MEMBERS PRESENT: Nancy Carlson, GeneChriechiUee' Bryce Parker, Amy Pna[oriun, Mark Russo MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Clay Claussen 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 EXC21-0016: AOapplication submitted by Clay C|8USseOrequesting Greduction to the front building setback from Crestview Avenue to construct a carport and widenthe driveway at 504 Upland Avenue. Pretorius opened the public hearing. Lehmann began the staff report with 8Oaerial Ofthe property noting this iS@corner lot and the property faces Upland Avenue but the setback being requested is from Crestview Avenue on the north side. The neighborhood iSzoned low density single family residential /RG-5\. The applicant is requesting the setback reduction to build an attached carport on the north side of the garage, and then also tOwiden the driveway. The proposed project VVOU|diOCFe8Sethe parking that's 0nthe site from @ single parking spot inthe garage and @ single lane driveway k} 8nadditional spot inthe carport and additional spot 0nthe widened driveway, increasing possible parking from two to four spots. Lehmann explained because it is a corner lot the subject property has to comply with [OiOiDlUDl S8tb8ChS OO both street sides tOthe west and to the north. Lehmann noted for attached accessory unitn, which this would be because the garage is partially attached to the building, the front setback is typically 15 feet in the RS-5 zone. However, if there are enough properties on a street that are set back more than five feet from that property line, then that setback also gets moved further from the property line. In this case, more than half of the properties on Crestview Avenue are five feet further back, at about 30 feet and therefore it's actually the minimum property O[the closest property becomes the new setback standard. As a result, that Crestview setback is 30 feet, whereas the one to the west on Upland Avenues is 15 feet. The proposed exception would reduce the Crestview Avenue setback from 3Ofeet tO 20 feet. SO Sd|| more than the typical OOiDiDlUOO' but that would allow the Board of Adjustment December 8.2021 Page 2ofO project to proceed as proposed. Lehmann showed @ COUo|e pictures of the pFOoodv pointing out the 30-foot setback that Cu[ReOUy 8XStS. He also pointed out the screening in the back between this property and the property to the east noting there is also tree coverage between the two. Lehmann next shared the site plan for the proposed project 8DdhOvVUlHC8roortYVOU|dbH attached to the north side of the garage. That is also where the driveway will be widened and that it's still Get back 23feet from that north property line On Crestview [)rive. The applicant also provided elevations of the carport being attached the garage, and some dimensions as well. The role of the Board of Adjustment is to either approve, approve with conditions or deny the application based Vnthe facts presented. To approve the special exception, the Board must find that it meets all applicable approval criteria, which includes specific standards pertaining to that setback reduction, and then general standards that apply to all special exceptions. Lehmann first reviewed the specific standards related to setbacks, which are found at 14-4C- 3B-4b. There are five standards and the first iSthat the situation iSpeculiar 8]the property in question. Lehmann reiterated the subject property is a corner lot and has to comply with minimum front setbacks 0nCrestview Avenue to the north and Upland Avenue t0the west. More than 50% of the developed lots on Crestview Avenue are set back at least five feet further from the street than required so the closest building becomes the new minimum front setback, which increases the north front setback to 30 feet instead of that standard 15 feet. Other nearby corner lots are also subject t0this setback averaging provision, but it depends onwhere the property is built and when it was built as far as what zoning standards applied. The other properties have setbacks ranging from about 21fe8t toabout 28feet, uOthey are further back than 15 feet but not quite at that 30-foot threshold that this property is. Second, there is practical difficulty complying with the setback requirements. The applicant sat dOxVO with staff to diSCUSS different ways that parking COU|d be provided for the CFeStVi8VV Avenue property that would increase the amount of parking available. One was that parking could be added by rotating the garage, so instead of using the existing access point they'd have to remove the existing driveway on Upland Avenue, would extend the garage into the rear yard, and build 3new driveway facing the north SOitcould comply with setbacks. Alternatively, they could provide parking on south side of the house if they built another garage and had another driveway down there but that also requires removing trees and other complications such as infringing Onthat setback. Based Onthose conversations, and those alternatives that were explored, staff believes that expanding the existing driveway and attaching a carport is a more practical option. Third, that the exceptionwill not b8contrary U]the purpose Ofthe setback regulations. LehOnGDO explained with the project onpnop000d.UhenarpVrtvvou|dnUUbo23feetfrnrnthonmrthpnopertv line, which is greater than the minimum typical standard of 15 feet. It also meets the side setback offive feet. Because the proposed reduction iastill greater than that typical standard, staff believes that it meets the purpose of the setback regulations which are to maintain light, air separation for fire protection and access for firefighting; to provide opportunities for privacy between dwellings; tOpromote Greasonable physical relationship between buildings and residences; and to provide flexibility to site a building so that it is compatible with buildings in the vicinity. In addition, staff believes that the proposed reduction generally reflects the neighborhood and other nearby properties that have front setbacks less than 23 feet. Board of Adjustment December 8, 2021 Page 3 of 6 The fourth criteria is any potential negative effects resulting from the front setback are mitigated to the extent practical. Again, it's greater than the minimum typical required so staff doesn't anticipate any negative effects and believes that this criterion is met. Finally, the fifth criterion is that the accessory use, building or structure will be located no closer than three feet to the side or rear property line, unless it meets some exceptions, and it will be five feet from that property line. The proposed parking will be at least five feet from the side lot line to the east and meets the minimum rear setback to the south. Lehmann next reviewed the seven general standards found at 14-4B-3. The first is that it won't be detrimental to or endanger the public health, safety, comfort or welfare. The project is adding a carport to a garage and it will remain a single family detached use, but it will increase the potential occupancy based on the zoning code from a potential of three to a potential of five adult occupants. Vehicular access will not change. Visibility won't be affected by the proposed carport at the corner of Upland Avenue and Crestview Avenue, which was a concern that someone call in and to discuss. Second, that the exception won't injure the use or enjoyment of properties in the immediate vicinity or affect property values. The applicant has proposed painting support posts and braces to match the house siding and they've also indicated that they would try to match the roof as well. Nearby properties have a variety of different parking situations including garages, carports and parking pads so staff believes it will not affect or diminish surrounding properties. Third is that it won't affect normal and orderly developments of surrounding property. Lehmann noted this is a fully developed residential neighborhood and the carport would still meet the side setback and be no closer than 23 feet from the north property line, so staff believes that this criterion is met. Fourth that there's adequate utilities, access roads, drainage and/or necessary facilities. Again, the subject property is already developed. The final plat doesn't show underground utilities beneath the proposed project and otherwise utilities, access roads, and drainage are already established for the neighborhood. Compliance with other City standards will be confirmed during the building permit review so staff believes that this criterion is met. Fifth, that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Lehmann explained there aren't any changes being proposed to driveway access, the sidewalk or to the streets. This will provide two additional off-street parking spaces, but anticipated traffic would still be similar to other single family uses in the City. Sixth, that it will in all other respects conform to the applicable standards or regulations that apply. Based on staff's review during this special exception it appears that the proposed carport and driveway meet all other accessory use standards, and dimensional and single-family site development standards including location of the driveway, maximum building coverage, and other setback requirements. Staff will also confirm compliance during building permit review. Finally, that the proposed exception is consistent with the Comprehensive Plan. The Comprehensive Plan shows this subject property as residential uses with 2-8 dwelling units per Board of Adjustment December 8.2021 Page 4ofO acre and the Southeast District Plan shows it as low and medium density single family and duplexes. Both p|@DS also support improving and Dl@iDtGiDiDg the housing stock in existing neighborhoods and the current land use of this property won't change because of the exception. With P8g8njS to public input, S[8ff received 8 COUD|H phone C@||S but DO formal written COnlDlSDiS. The only [8@| CUD&eOl that came Upwas visibility and this proposed exception Vv0U|d [DGiDt8iD sight triangles as required by the City, so staff doesn't anticipate any issues with that. Staff recommends approval of EXC21-0016, to reduce the required front setback requirement along Crestview Avenue to 20 feet for the property located at 504 Upland Avenue. Carlson asked if the applicant could have put inapad instead Ofputting the thing Cmthe garage, could they just pour @ cement pad for parking there. Lehmann replied per the Code they cannot have @ cement pad that doesn't lead tOagarage. Carlson asked ifthey could have just widened the driveway and Lehmann said not unless itled tOogarage space. Clay Claussen (27 Green Mountain Drive) is the applicant and stated the subject property is 0vvn8d jointly by his wife and daughter. The property was bought by his daughter, and it's been aproject Ov8rthey8arGGuitw@abui|tinthe 5OS.There were some substandard issues with it, they've had the basement reinforced, egress windows were installed, new heating and @i[ conditioning, and all new windows. He intends to Se|| the property and did not want it to be 8 rundown rental. He has done a lot of work on the property over the years, two of his grandchildren were hO[D or lived there, it's within about 8five-minute walk from his house. He loves the neighborhood and it's a great location. One of the big shortcomings of the property was a lack of off-street parking, that was a big issue when his daughter lived there. They always had to park on the street and there was a bus that used to run right down Upland. That route has been eliminated now but it was an issue with the bus driving down the street. C|8USSeO noted this setback is far enough that it really does not infringe on the view of the intersection C0DliOg d0vvD Crestview. ChrisChiU8Sasked who lives iOthe home rightOUVV C|8USSBOstated it's vacant and the reason for this upgrade is simply to make it more saleable. He is G [e@hDr8Dd the covered parking vvOu|d nn8k8 it more SG|8@b|8. The question Ofifjust G pad vvOu|d be OkGy, he didn't really want to do that, he wanted to have at least two covered parking spots and significant off-street parking for at least four vehicles. They have added another bed[000. it was 8 three -bedroom one bath house with 8dysfunctional basement and now iSfully restored 0nthe main level and the lower level with four bedrooms and two baths. It's got great yard SpGC8, there's fenced backyard and Side yard, he put all new windows in the summer Of202O that are energy efficient and h8filed Gpermit for all new electrical and heating and air conditioning. Chrischilles asked if he is planning any further additions to the home or are they just remodeling the interior. Clausen noted it is more of a resurrection than a remodeling and everything will be up to standards with all new wiring. Pretorius closed the public hearing. Pretoruaasked for omotion aothe Board could open discussion. Board of Adjustment December 8, 2021 Page 5 of 6 Russo moved for approval EXC21-0016, requesting a reduction to the front building setback from Crestview Avenue to construct a carport and widenthe driveway at 504 Upland Avenue. Pretorius seconded the motion. Carlson thinks the applicant has really put thought into this and it will be an improvement for the neighborhood, it will not harm the neighborhood. She likes the idea of off-street parking because that minimizes obstructions for trash pickup, leaf collections, street sweeping and snow removal. To have fewer cars on the street it would really benefit not only the City employees, but the people who live in the neighborhood. Pretorius noted it sounds like everything was sorted out with the City as far as the alternatives and agrees it doesn't sound like any of those made any sense whatsoever. Russo stated regarding agenda item EXC21-0016 he concurs with the findings set forth in the staff report of this meeting date, December 8, 2021 and concludes that the general and specific criteria are satisfied, so 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. A vote was taken and the motion passed 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 OCTOBER 13 2021 MINUTES: Chrischilles moved to approve the minutes of October 13, 2021, Russo seconded. A vote was taken and the motion carried 5-0. BOARD ANNOUNCEMENTS: Lehmann noted the amendments to the bylaws have been approved by Council so those are in effect. Russo has been appointed for a full term now, officially starting January 1. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Pretorius seconded, a vote was taken and all approved. Board of Adjustment December 8, 2021 Page 6 of 6 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2021 NAME TERM EXP. 7/14 8/11 9/8 10/13 12/8 CHRISCHILLES, GENE 12/31/2022 O/E X X X X PARKER, BRYCE 12/31/2024 X X O X X PRETORIUS, AMY 12/31/2023 X X X X X CARLSON, NANCY 12/31/2025 X X X 0/E X RUSSO, MARK 12/31/2021 X X X X X Key: X = Present 0 = Absent O/E = Absent/Excused -- -- = Not a Member Presentation given during the Board of Adjustment Meeting March 9, 2022 1 � � Agenda Item 4a: Special Exception CITY OF ►OWA CITY EXC22-0001: An application submitted by Thomas Mentz requesting a reduction in the minimum rear building setback for a legal non -conforming single- family use in a High Density Multi -Family Residential (RM-44) zone to construct an addition and off-street parking at 603 S. Dodge Street. 1 � � Background CITY OF IOWA CITY • The applicant, Tom Mentz, owns 603 S Dodge Street • The property is a 3-bedroom home on a corner lot with a grandfathered rental occupancy of 5 but only 2 parking spaces • The structure was built before being zoned High Density Multi -Family Residential (RM-44), so it is a legal non -conforming single-family use • May be expanded if it does not extend other nonconforming situations • If occupancy increases beyond a family/group household, the property must be brought into compliance with off-street parking • The applicant wants to build an addition to the west with new 2 bedrooms and a 2-car garage, which would bring the property's rental occupancy into compliance with the zoning code • The project requires a special exception to reduce the rear setback from 20' to 3' for the project to occur as proposed 603 S. DODGE STREET IOWA CITY, IOWA PLAT PREPARED BY. OWNER/DEVELOPER. MMS CONSULTANTS IINC. TOM MFNTZ 1917 S GILBERT STREET 409 PARK ROAD IIOVW'A C'IITY, IIA 52240 IlOVW'A CITY, IIA 52245 BOWERY ti"1"liER"1" 10 VAIN LEVEL FLOOR PLA'V SCALE 1/1' — I —C!' K 1-FOUR k FINE WALL -H-I; k THE WALL T-, � T'C LEVEL FLOOR PLAN 77d—�7—KALE 1/a — I —C 12 THECFAL EILING AT ADDITION RE4 ,FO',E GARAGE NEW GAIRAH 1 � � Role of the Board of Adjustment CITY OF ►OWA CITY The Board of Adjustment is charged with approving, approving 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: • Specific Standards pertaining to the waiver requested • General Standards for all Special Exceptions I I 1 Specific Standards CITY OF ►OWA CITY 14-2B-4B-5b: Adjustments to Principal Building Setback Requirements (1) The situation is peculiar to the property in question Findings: • The property has a legal non -conforming single-family use that was established before its current zoning of RM-44 • It may be expanded because the proposed addition would not increase or extend any other nonconforming situation on the property • The expansion would not increase occupancy beyond a family or group household • The 75' x 60' lot is on the corner and features setback constraints: 20' front (north and east), 20' rear (west), and 10' side (south) • An existing enclosed porch currently extends into the rear setback • The property has a grandfathered occupancy of 5 • Requires 4 off-street parking spaces per the zoning code • Has 2 existing parking spaces on a concrete pad that are 3' from the rear lot line (2) There is practical difficulty in complying with the setback requirements Findings: • Most of the structure sits just over 23' from rear property line (west) • Existing enclosed porch already extends into the rear setback area • The lot cannot accommodate additional off-street parking without at least a special exception • Other locations would likely require relocating the existing curb cut • There is practical difficulty complying with the setback requirements if the amount of off-street parking is to be brought into compliance with the zoning code based on its grandfathered rental occupancy of 5 (3) Granting the exception will not be contrary to the purpose of the setback regulations Findings: • Purpose of setback regulations: • Maintain light, air separation for fire protection, and access for firefighting; • provide opportunities for privacy between dwellings; • promote a reasonable physical relationship between buildings/residences; and • provide flexibility to site a building so it is compatible with buildings in the vicinity • The proposed addition would be -3' from the rear lot line (west), 20' from front lot line (north), and 14' from the side lot line (south) • The proposed addition would be -9' from the building to the west • Other old single-family homes in the neighborhood do not meet setback standards, so a reduction is consistent with the general scale and placement of structures in the area A P 1 1 . r 1 1 1 1 (4) Any potential negative effects resulting from the setback exception are mitigated to the extent practical Findings: • Because the addition would be 3' from the property line, the building code requires a 1-hour rated fire wall to the west to reduce fire risk • A 20' driveway requires modified site development standards (discussed later) but is adequate to provide compliant parking spaces • The open space requires modified dimension standards (discussed later), but the total amount of open space would be consistent with City standards • Windows do not face west which helps maintain privacy for that home • Parking on surrounding streets should improve with additional off- street spaces (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 slightly over 3' from the rear lot line General Standards 14-413-3: Special Exception Review Requirements. 1 I 1 CITY OF I©VWA CITY 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare Findings: • The subject property will remain a single-family detached use • New off-street parking brings the property into compliance with the zoning code and improves parking for the site and surrounding area • The property has 3 bedrooms and a grandfathered rental occupancy of 5, which would require 4 off-street parking spaces per the zoning code; • The proposed project would add 2 off-street spaces for a total of 4 spaces • The proposed addition includes almost 500 sf of new living space and 2 new bedrooms, but rental occupancy would not change • The proposed project would expand the existing curb cut but would partially utilize current access, would not affect surrounding properties, and would comply with access management standards • The proposed addition would not affect visibilitv at the intersection 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: • Abutting properties are owned by the applicant • The proposed addition remains far enough from the property line to avoid impacting the ability of neighbors to utilize and enjoy their properties • The applicant is proposing to re -side the house and re -shingle the roof, which will ensure a cohesive look between the addition and existing structure 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 area is a fully developed residential neighborhood • The proposed addition would meet side and front setback requirements • The proposed addition would retain a 3' setback from the west property line and would be -9' from the building to the west 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided Findings: • The subject property is already developed, • All utilities access roads, drainage and necessary facilities are established for this neighborhood • Pedestrian access is provided from the front door to adjacent sidewalks which run along Bowery (north) and S. Dodge (east) • Compliance with other City standards will be confirmed during building permit review 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 sidewalk • The proposed project includes expanding driveway access on Bowery Street, which requires an access permit to ensure compliance with access management standards • New pavement would improve access for cars entering and exiting the property • Two additional off-street parking spaces would reduce parking on nearby streets and improve traffic flow nearby • Anticipated traffic would be similar to other single-family uses in the City 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: • Single-family detached uses are not allowed in RM-44: • It is a legal nonconforming single-family use • The use may be expanded because the addition does not increase/extend other nonconforming situations (if the two minor modifications below are obtained) • The project does not increase occupancy beyond a family or group household • Two Minor Modifications are required: • Open Space (14-2B-4E-4). Requires open space with a 20' minimum dimension; to prevent a nonconforming situation, the dimension standard must be reduced to 14' • Driveway Length (14-2A-6C-4). Requires a 25' driveway from garage to ROW; to prevent a nonconforming situation, the driveway length must be reduced to 20' to the ROW line (25' to the existing sidewalk) 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 lot size of the subject property is less than the min. lot size (5,000 sf) but is legal nonconforming because it is a single-family use • The property will continue to comply with 50% max. lot coverage, 35' max. height, and other min. setbacks • Additional parking spaces bring the property into compliance with the zoning code based on its current rental occupancy • The project includes expanding driveway access on Bowery Street • Requires an access permit to ensure compliance with standards • Changes to the access may be required as part of this process • Staff will confirm compliance with applicable standards during building permit review 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended Findings: • Future Land Use Maps: • Comprehensive Plan: Residential (25+ Dwelling Units Per Acre) • Central District Plan: High Density Multi -Family Redevelopment • However, the current land use of this property will not change due to the proposed special exception • Central Planning District includes goals to encourage "reinvestment in residential properties throughout the district" and to "bring over - occupied properties into compliance with current zoning regulations" • Because the proposed project is an allowed expansion of an existing single-family home that brings the property into compliance with off- street parking spaces, the proposed exception is consistent with the City's Comprehensive and District Plans I I 1 Staff Recommendation CITY OF ►OWA CITY Staff recommends approval of EXC22-0001, to reduce the rear setback requirement along the west property line from 20 feet to 3 feet for the property located at 603 S. Dodge Street, subject to the following conditions: 1. Approval of a minor modification pursuant to 14-2B-4E- 4 to reduce the minimum width of the required open space from 20 feet to 14 feet 2. Approval of a minor modification pursuant to 14-2A-6C- 4 to reduce the minimum length of the driveway to the property line from 25 feet to 20 feet