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HomeMy WebLinkAbout2022 Board of Adjustment DecisionsPrepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-351 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 8, 2022 EMMA J. HARVAT HALL, CITY HALL II Y V u u u Doc ID: 031890260006 Type GEN Kind: DECISION Recorded: 06/23/2022 at 02:23:10 PM Fee Amt: $32.00 Page 1 of 6 Johnson County Iowa Kim Painter County Recorder BK6394 PG760-765 MEMBERS PRESENT: Nancy Carlson, Bryce Parker, Gene Chrischilles, Mark Russo MEMBERS ABSENT: Amy Pretorius STAFF PRESENT: Sue Dulek, Kirk Lehmann SPECIAL EXCEPTION ITEMS: FILED JUN 1 7 2022 City Clerk 1. EXC22-0004: A public hearing regarding a special exception application by JAMva City, Iowa Investments of Iowa City to expand an existing drive -through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. The Board concludes that the following specific standard found at 14-4C-2K-3a will be met. 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. This is based on the following findings for each sub -criterion: (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. • The subject property is accessed from shared private drives as part of the Pepperwood Plaza tract. The tract connects to Keokuk Street to the west, Highway 6E to the north, and Broadway Street to the east. • The proposed drive -through facility is accessed through an onsite parking aisle from the shared private drive. It cannot be directly accessed from a street. (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. • No changes to curb cuts are proposed as part of the project on public streets or in areas where pedestrian movement is anticipated. (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). • The site plan shows 2 order lanes that converge into a single pick-up lane with a combined capacity for 12 vehicles. • The drive -through exceeds the minimum requirement to accommodates 6 stacking spaces. • The parking aisle leading to the drive -through has adequate space to accommodate any spillover traffic and minimize traffic safety impacts. • The Board required general compliance with the site plan as a condition of approval to ensure traffic safety is not compromised. (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. • The site plan indicates directional arrows in the drive -through and parking areas and a 'do not enter sign' at the drive -through exit. • The pedestrian route along the east property line will be demarcated with dyed concrete where it crosses the parking aisle. The Board concludes that the following specific standard found at 14-4C-2K-3b will be met regarding Location. This is based on the following findings for each sub -criterion: (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. • The proposed drive -through facility is an expansion of an existing non -conforming drive -through on the Keokuk Street -facing facade of the building. • A portion of the existing non -conforming drive -through will continue to be utilized. • Changes to the existing drive -through due to the proposed expansion do not affect pedestrian access. • The subject property does not currently have street trees as a legal non -conforming development, but a new street tree is shown on the site plan which helps provide consistency with typical commercial streetscapes. • The proposed facility is consistent with adjacent commercial uses and does not substantially change the character of the area if in general conformance with the submitted site plan. JUN 1 7 2022 City Clerk Iowa City, Iowa (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. • All new portions of the proposed drive -through facility are set back at least 10 feet from the Keokuk Street right-of-way. • Existing portions of the drive -through facility that are Tess than 10 feet are allowed to remain as part of an existing non -conforming development. • The landscape plan submitted as part of the application is discussed below. The Board concludes that the following specific standard found at 14-4C-2K-3c will be met. 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. This is based on the following findings for each sub -criterion: (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. • The site plan shows two drive -through lanes that converge into a single 14-foot lane along the west edge of property. • The proposed drive -through facility expands an existing drive -through area in a commercial district, but the expansion in stacking spaces is limited to adding two lanes with four additional stacking spaces for ordering. • Screening between the new portion of the drive -through lanes and Keokuk Street right-of-way will help minimize the impacts of stacking spaces on surrounding development and the pedestrian environment. • The amount of paving will not be increased due to the proposed project. (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. • The drive -through facility is not adjacent to residential uses or property zoned residential. • All new portions of the proposed drive -through facility are screened from Keokuk Street and adjacent properties to the S2 standard. • Existing portions of the drive -through facility that are not screened to the S2 standard are allowed to remain as part of an existing non -conforming developmer E1' fa JUN 1 7 2022 City Clerk Iowa City, Iowa (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. • Two kiosks for ordering and a single window for payment and pick-up are proposed for the drive -through. (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. • No new vehicular and pedestrian conflicts are created by the proposed facility. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • The proposed drive -through facility expands an existing drive -through area in a commercial district. • Landscaping elements ensure that it is integrated into the surrounding landscape and streetscape design of the area. (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. • The submitted photometric plan meets the City's physical control standards, which helps control light trespass and glare. • A total outdoor light output calculation has not been included on the photometric plan. A revised photometric plan with this calculation in compliance with current standards shall be required prior to site plan approval. (6) (Repealed.) (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. • The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way. • The property is not adjacent to residential uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed drive -through expands an existing facility but is not expected tb` substantially increase vehicular traffic to the site over previous levels. J11N 1 7 2022 • Vehicular circulation and access are adequate to accommodate drive -through traffic. City Clerk Iowa City, Iowa • No new vehicular and pedestrian conflicts are created by the expanded facility. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. The Board concludes 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 based on the following findings: • The property is in a commercial area and is complimentary to surrounding uses. • Screening and a new street tree help mitigate impacts to adjacent properties. The Board concludes that 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 based on the following findings: • The surrounding area is fully developed with commercial uses. • Future redevelopment and improvement of adjacent properties will not be affected. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements. • The project expands green space and landscaping which reduces stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • There is adequate space for stacking vehicles in the drive -through lane. • The proposed drive -through lanes are accessed from and exit to shared drives. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion. The Board concludes that 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 based on the following findings: • The proposed use will reduce the amount of parking spaces, but the project retains 20 spaces, which is well above the minimum parking requirement of 9 spaces. • The site plan includes 6 bicycle parking spaces. JUN 1 7 2022 City Clerk Iowa City, Iowa • The property is a legal non -conforming development, and the proposed project does not increase occupancy. Several onsite features will remain legal non -conforming, but any alterations to the site must comply with current standards. • Staff will ensure changes to the site design conform with any applicable zoning standards and regulations during the subsequent site plan review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • Future Land Use Maps designate the subject property as General Commercial in the Comprehensive Plan and Commercial in the South District Plan. • The Comprehensive Plan supports encouraging "new business development in existing core or neighborhood commercial areas". • The proposed use of this property is consistent with Comprehensive and District Plans. DISPOSITION: By a vote of 4-0, the Board approved an expansion of a drive -through facility for the property located at 1926 Keokuk Street, subject to the following condition: 1. General compliance with site plan dated May 27, 2022. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of I wa City, Io Approved b : Gene Chrischilles, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of June, 2022 as the same appears of record in my Office. Dated at Iowa City, this 1 _1-1'1— FILIEt JUN 1 7 2022 City Clerk Iowa City, Iowa day of L - e•-2 , 20 ZZ Kelli= K. Fruehling, ity • lerk 11111111111111111111111111111111 i 0 IID UI II Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-3E DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 13, 2022 EMMA J. HARVAT HALL, CITY HALL Doc ID 031826420007 Type GEN Kind: DECISION Recorded: 04/26/2022 at 10:19:49 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6367 PG131-137 MEMBERS PRESENT: Gene Chrischilles, Amy Pretorius, Mark Russo, Nancy Carlson MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Michael Oliveira, Peter Speltz SPECIAL EXCEPTION ITEMS: 1. EXC22-0002: A public hearing regarding a special exception application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 311 N. Gilbert Street. The Board concludes that the proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone, based on the following findings: • 311 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use in 1977. • CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is legal non -conforming. The Board concludes that the proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment made the determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. This was based on the following findings: • A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). • Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. • With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 parking spaces. • The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. • Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. The Board concludes the proposed use is suitable for the subject structure and site based on the following findings: • The structure was originally constructed as a detached single-family use and was converted into a duplex in 1977. • Returning the duplex to a detached single-family use is appropriate for the structure and site. The Board concludes that the structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use (ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged) based on the following findings: • No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second -floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • The Board made the conversion of the second -floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non -conforming uses. However, a non -conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase because the Board of Adjustment approved the conversion. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. The Board concludes 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 based on the following findings: • The conversion of the property from a duplex to a detached single-family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. The Board concludes that 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 based on the following findings: • The surrounding area is already fully developed with a mix of residential and commercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • Pedestrian access is provided by a sidewalk along N. Gilbert Street to the east. • Vehicular access to parking is shared with the adjacent property to the north (315 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • No changes are being proposed to the existing driveway, sidewalk, or street. • The property has 2 conforming parking spaces but must continue to share access with 315 N. Gilbert Street to ensure access to said parking • Anticipated traffic will be similar to other single-family uses in Iowa City. The Board concludes that 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 based on the following findings: • The property meets all dimensional requirements for the CB-2 zone and all single-family site development standards, including open space requirements. • To ensure adequate access for the subject property's two parking spaces, the subject property must continue to share access with 315 N. Gilbert Street. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to "maintain and improve the older housing stock" and encourages "reinvestment in residential properties throughout the district". • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. DISPOSITON: By a vote of 4-0, the Board approved converting a two-family (duplex) use to a detached single-family use for the property located at 311 N. Gilbert Street, subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. 2. EXC22-0003: A public hearing regarding a special exception application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 315 N. Gilbert Street. The Board concludes that the proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone, based on the following findings: • 315 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use by at least 1977. • CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is considered legal non -conforming. The Board concludes that the proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment made the determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. This was based on the following findings: • A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). • Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 in with 5 occupants in each unit. • With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 conforming parking spaces. • The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. • Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. The Board concludes the proposed use is suitable for the subject structure and site based on the following findings: • The structure was originally constructed as a detached single-family use and was converted into a duplex by at least 1977. • Returning the duplex to a detached single-family use is appropriate for the structure and site. The Board concludes that the structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use (ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged) based on the following findings: • No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second -floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • The Board made the conversion of the second -floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non -conforming uses. However, a non -conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase because the Board of Adjustment approved the conversion The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 with 5 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. The Board concludes 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 based on the following findings: • The conversion of the property from a duplex to a detached single-family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. The Board concludes that 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 based on the following findings: • The surrounding area is already fully developed with a mix of residential and coriimercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • Pedestrian access is provided by a sidewalk along N. Gilbert Street to the east. • Vehicular access to parking is shared with the adjacent property to the south (311 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • No changes are being proposed to the existing driveway, sidewalk, or street. • The property has 2 conforming parking spaces with adequate driveway access. • Anticipated traffic will be similar to other single-family uses in Iowa City. The Board concludes that 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 based on the following findings: • The property meets all dimensional requirements for the CB-2 zone and all single-family site development standards, including open space requirements. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to "maintain and improve the older housing stock" and encourages "reinvestment in residential properties throughout the district". • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. DISPOSITON: By a vote of 4-0, the Board approved converting a two-family (duplex) use to a detached single-family use for the property located at 315 N. Gilbert Street, subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Approved by Gene Chrisc illes, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of April, 2022 as the same appears of record in my Office. .s}-AA_ Dated at Iowa City, this Z day of \ , 20 Kellie k. Fruehling, City clerk Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356- S/3o DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 9, 2022 EMMA J. HARVAT HALL, CITY HALL Doc ID: 031795480005 Kind: DECISION Recorded: 03/21/2022 Fee Amt: $27.00 Page Johnson County Iowa Kim Painter County Recorder at 08:50:09 AM BK6354 PG169-173 MEMBERS PRESENT: Gene Chrischilles, Bryce Parker, Amy Pretorius, Nancy Carlson MEMBERS ABSENT: Mark Russo STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Tom Mentz SPECIAL EXCEPTION ITEMS: rU 1. EXC22-0001: A public hearing regarding a special exception 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. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject property is a legal non -conforming single-family use that was established before its current zoning of High Density Multi -Family Residential (RM-44). • This legal non -conforming single-family use may be expanded because the proposed addition would not increase or extend any other nonconforming situation on the property, nor would it increase occupancy beyond a family or group household. • The building is on a relatively small 75-foot by 60-foot corner lot, and the zone requires 20-foot front setbacks to the north and east, a 20-foot rear setback to the west, and a 10- foot side setback to the 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 spaces per the zoning code. However, the property has only two existing parking spaces on an uncovered concrete pad that are about 3 feet from the rear lot line. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The house sits just over 23 feet from the rear property line to the west. • The existing enclosed porch already extends into the rear setback area. • The lot cannot accommodate additional off-street parking without at least a special exception, and 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. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations, based on the following findings: CC. : Lek ► AC.LV" tti\c- r X . • The purpose of setback regulations is to maintain light, air separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; promote a reasonable physical relationship between buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity. • The proposed addition would be at least 3 feet from the rear lot line to the west, 20 feet from front lot line to the north, and 14 feet from the side lot line to the south. • The proposed addition would be approximately 9 feet from the building to the 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. • Windows do not face west which helps maintain privacy for that property. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following 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. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line based on the finding that the proposed addition will be slightly more than 3 feet from the rear lot line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following _g findings: • The subject property will remain a single-family detached use. • The property has 3 bedrooms and two bathrooms, though its rental occupancy htas been grandfathered at 5 residents. As such, the subject property does not comply wit1F 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. The Board concludes 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 based on the following 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. The Board concludes that 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 based on the following 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-foot setback from the west property line and would be approximately 9 feet from the building to the west. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities access roads, drainage and necessary facilities are established for this neighborhood. • Pedestrian access is provided from the front door to adjacent sidewalks which run along Bowery Street to the north and S. Dodge Street to the east. • Compliance with other City standards will be confirmed during building permit review. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following 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 Iowa City. The Board concludes that 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 based on the following findings: • While single-family detached uses are not allowed in the RM-44 zone, this legal, nonconforming single-family use may be expanded because the proposed addition does not increase or extend any other nonconforming situation on the property provided two - required minor modifications are attained, and it would not increase the occupancy beyond that of a family or group household. • 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 feet wide but would allow 500 square feet of open space. To ensure the addition does not lead to a nonconforming situation, the open space dimension standard requires a minor modification pursuant to 14-2B-4E-4. • 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. To ensure the addition does not lead to a nonconforming situation, the driveway length requires a minor modification pursuant to 14-2A-6C-4. • The lot size of the subject property is less than the 5,000 square feet minimum lot size but is a legal nonconforming lot because it contains a single-family use. • The proposed addition will not cause the building to exceed the 50% maximum lot coverage or 35-foot maximum height, and it will comply with other minimum setbacks. • Additional parking spaces will bring the property's off-street parking into compliance with the zoning code based on its current rental occupancy. • The proposed project includes expanding driveway access on Bowery Street, which requires an access permit to ensure compliance with access management standards. Changes to the access may be required as part of this process. • Staff will confirm compliance with applicable standards during building permit review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Comprehensive Plan Future Land Use Map designates this area for Residential (25+ Dwelling Units Per Acre) and the Central District Plan Future Land Use Map designates this area for High Density 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 regulations". • Because the proposed project is an 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. DISPOSITON: By a vote of 4-0, the Board approved a reduction of the rear setback requirement along the west property line from 20 feet to 3 feet for the property located at 603 South 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. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Gene Chrisc es, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of March, 2022 as the same appears of record in my Office. Dated at Iowa City, this ) �±k day of rY\-O (C , 20 ?-L r Kell a K. Fruehling, C. i Clerk ry 0