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HomeMy WebLinkAbout2023 BOA Decisions May 10, 2023 Prepared by:Kirk Lehmann,Associate Planner,410 E.Washington, Iowa City,IA 52240;319-356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 10, 2023 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker, Paula Sw`ygard MEMBERS ABSENT: Mark Russo Few, 1111111111111111111111111111111111111111111111111111111111111111111111111111111111 STAFF PRESENT: Sara Hektoen, Kirk Lehmann Doo ID: 032089370006 Type: GEN Kind: DECISION ed: 05/23/2023 atOTHERS PRESENT: Jennifer Colville, Frank Gersh FeeordAmt: $32.00 Paqe 1 of2619:06 PM Johnson County Iowa Kim Painter County Recorder SPECIAL EXCEPTION ITEMS: BK6481 PG640-645 1. EXC23-0002: A public hearing regarding a special exception application submitted by Jennifer Colville and Miles Pufall (Porch Light Literary Centre) requesting special exceptions to allow a religious/private group assembly use in a Neighborhood Stabilization Residential (RNS-12)zone and to reduce the setback requirements at 1019 E. Washington Street. The Board concludes that the following specific standard is met: The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title. (1) Front: Twenty feet (20'). (2) Side: Twenty feet (20'). (3) Rear: Fifty feet (50'). This is based on the following findings: • The existing building is more than 70 feet from the front lot line and more than 20 feet from the side lot line to the east, but it is less than 20 feet from the side lot line to the west and less than 50 feet from the rear lot line. • Because it is an existing building, the applicant has requested setback reductions for side and rear setbacks with relevant findings discussed below. The Board concludes that the following specific standard is met: The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. This is based on the following findings: The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public. • The proposed use will be in a converted single-family home built in 1893, and any exterior alterations requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay(OCD) zone. • The physical characteristics of the building including scale, setbacks, landscaping, and paving are compatible with surrounding residential uses, and changes to the subject property's exterior are not being proposed as part of this application. • The subject property was previously converted into 4 dwelling units, and the proposed use would replace the units on the ground floor. Because this is in a single-family residential zone, dwelling units converted into the proposed use would not be able to become dwelling units again. • The applicant has indicated the number of persons per workshop is restricted to 12, with occasional readings of up to 30 people that utilize both indoor and outdoor space. • The occupant load of the largest room in the building, which is used to determine the minimum off-street parking requirement, indicates an occupancy of 25 people. • To ensure traffic volumes and parking requirements remain consistent with the occupancy of the building, the Board adopted a condition that occupancy be limited to 25 people inside the portion of the building dedicated to the private group assembly use. The Board concludes that the following specific standard is met: Given that large parking lots can seriously erode the single-family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. This is based on the following findings: • Proposed uses include religious/private group assembly with the largest room having an occupancy of 25 people, and two 1-bedroom multi-family dwelling units. • The proposed uses require a minimum of 6 parking spaces. • The subject property contains 7 off-street parking spaces access from the alley at the rear of the property, all of which are existing legal nonconforming spaces; these include 6 surface spaces, and 1 space in the carriage house. • On-street parking is available nearby on one side of E. Washington Street and ode side of S. Summit Street. The Board concludes that the proposed use will not have significant adverse-,effec&yon the livability of nearby residential uses due to noise, glare from lights, late night d rab s, odors, and litter based on the following findings: a` r_ri • The building is set back more than 15 feet from neighboring residential uses which provides adequate separation to help mitigate adverse effects on surrounding uses. • The subject property is in a residential zone, so it must comply with enhanced noise control requirements in Chapter 6-4 of the City Code, including a prohibition of noise disturbances across properties lines after 10:00 p.m. and generally before 6:00 a.m. • To ensure the use does not produce negative impacts relating to noise or late-night operations, the Board adopted conditions that no outdoor events occur between 10:00 p.m. and 6:00 a.m. and that amplified sound not be allowed outside. • The subject property is near residential uses in a single-family residential zone, so it is subject to enhanced outdoor light standards including height and light trespass restrictions, in addition to Low Ambient Lighting Environmental District (E1) standards, which helps prevent adverse impacts due to glare from lights. • Due to the limited extent of the proposed use, it is not anticipated that odors or litter on the subject property will exceed previous levels related to the residential uses. The Board concludes that the following specific standard is met: The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: (1) An accessory storage building less than five hundred (500) square feet in size. (2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. This is based on the following findings: • This section is not applicable because the proposed use is new. • A special exception is required. The Board concludes that if the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title based on the following findings: • The proposed use is in a residential zone within the Central Planning District, so it must comply with the multi-family site development standards. • The existing building and site meet most multi-family site development standards, but it does not comply with standards related to the location and design of surface parking and detached garages (Section 14-2B-6C) or building materials (14-2B-6G), specifically regarding required setbacks between parking areas and adjacent properties,;_spreening of parking areas, screening between parking areas and ground floor Wihdows—,;-window and door trim, and durable base materials. • All noncompliant features are either considered elements of a non-confo,rmin`g=structure or non-conforming development, which allow a change in use provided.the mange does not increase or extend the degree of nonconformity. ; • No changes to the site or structure are being proposed as part of this_special exception, and any external changes requiring a permit shall be subject to a Historic Review because it is in a Conservation District Overlay (OCD) zone. =a 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 use will be in an existing converted single-family home from 1893. • The existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Any future exterior changes requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay (OCD)zone. • The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. • The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public which will minimize health or safety impacts. • Staff will ensure all applicable life and safety standards are met as required through any standard building permit or rental permit processes. • The proposed nonprofit literary center would provide a unique amenity for the neighborhood and the broader community which will improve general welfare. 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 existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Because no exterior changes are proposed, the historic appearance of the property is maintained which enhances the enjoyment and property values of existing properties in the area. • Conditions as adopted will help mitigate potential negative effects on parking, noise, and hours of operation for surrounding 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 already a fully developed residential neighborhood. • The proposed use would occupy an existing building that is set back from adjacent properties in a manner that is consistent with the character of the neighborhood. • The conditions as adopted mitigate potential effects for surrounding properties, The Board concludes that adequate utilities, access roads, drainage and/err,necessary facilities have been or are being provided based on the following findings , • The proposed use would occupy an existing building in a developed area;;so,:;aJl necessary facilities are already established. k 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: • The front of the site is accessed from E. Washington Street and the rear is accessed from an alley that enters/exits onto S. Summit Street or Muscatine Avenue. • No changes are being proposed to the street, alley, or sidewalks. • The applicant indicates that events will be limited to 12 people per session or up to 30 persons per reading. With conditions as adopted, no indoor event will be allowed to have more than 25 attendees, which will help minimize traffic impacts. • The subject property is in a pedestrian-oriented neighborhood near Downtown and is less than 300 feet from a bus line, which helps enhance non-vehicular access. • The subject property does not currently contain on-site bicycle parking and would not be required to add it unless the use was expanded. The Board adopted as a condition of approval that the subject property be brought into compliance with the minimum bicycle parking requirement to help minimize congestion issues. This would require the addition of 4 bicycle parking spaces that comply with the standards of Article 14-5A of the Zoning Code. 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 be in a single-family home from 1893 which was subsequently converted into four multi-family units prior to its current zoning. • The subject property meets the dimensional standards of the RNS-12 zone with the setback reductions as requested. • The property has some elements that do not meet current site development standards, but they may continue with a change of use as allowed by Article 14-4E `Nonconforming Situations' of the City Code. • With conditions as adopted, the subject property will be brought into compliance with the minimum bicycle parking standards. • No exterior changes are proposed as part of this project, but any exterior changes requiring a permit must be approved through Historic Review because the property is in a Conservation District Overlay (OCD) zone. • Staff will ensure any future changes comply with all standards during building permit or site plan review. The Board concludes that the exception is consistent with the Comprehensive Pl:,ap of the City, as amended, based on the following findings: • The Comprehensive Plan Future Land Use Map shows this area as Resiidentil (2-8 dwelling units per acre), and the Central District Plan Future Land Use-Map ofthe Central District Plan shows this area as Single-Family Residential Stabil'izatign.which,is intended to prevent further conversion of single-family residences to mOlti-far jy. • The proposed exception would convert two existing multi-family units'in a corwerted single-family home to an allowed institutional use that is compatible with resio�ntial uses. The Comprehensive Plan supports exploring opportunities for new Arts and Culture venues and enhancing access by supporting nonprofits involved in arts progf-w-nming. The Central District Plan encourages promoting the Central District as-an atti- ctive place to live by supporting efforts of community organizations to create;asen I 8,e of identify and neighborhood pride through art. • The proposed private group assembly use is consistent with the goals of,both"'t'he Comprehensive and District Plans because it allows the Porch Light Literary Center t© operate as an artistic cooperative while reducing the number of multi-family upas. DISPOSITON: By a vote of 4-0, the Board approved EXC23-0004, to allow a'Religio /Private Group Assembly use in a Neighborhood Stabilization Residential (RNS-12) zone, and to allow side setback reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at 1019 E. Washington Avenue, subject to the following conditions: 1, Occupancy shall be limited to 25 people inside the portion of the building dedicated to the private group assembly use. 2. No outdoor events shall be held between the hours of 10:00 p.m. and 6:00 a.m. 3. No exterior amplified sound shall be allowed outdoors. 4. Within 6 months of the date a decision by the Board of Adjustment is filed with the City Clerk, 4 bicycle parking spaces shall be installed on the subject property in compliance with the standards of Article 14-5A of the Zoning Code. Upon written request and for good cause shown, the Board may extend this deadline without further public hearing on the merits of the original application. 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. Apprpved by: Nancy Carlls n, Chairpersoi City Attorney's OfficeZ� 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 10th day of May; 2023 as the same appears of record in my Office. Dated at Iowa City, this day of ( , 206-23 " -. Kelli K, Fruehling,. ity Clerk