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HomeMy WebLinkAboutBOA Packet 9.14.16.pdfIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, September 14, 2016 – 5:15 PM City Hall Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the August 10, 2016 Minutes D. Appeal Item APL16-00001: Discussion of an appeal of a decision by Development Services to issue a building permit for a residential use on property located in the Low Density Single-family (RS-5) zone at 101 Lusk Avenue: alleging an error in the classification of the property as a residential use, wrongful approval of a site plan, and other zoning code errors. E. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, October 12, 2016 Emma Harvat Hall, City Hall MINUTES PRELIMINARY BOARD OF ADJUSTMENT AUGUST 10, 2016 – 5:15 PM EMMA HARVAT Hall, CITY HALL MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Becky Soglin, Tim Weitzel MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Adam Pretorius, Jessica Kinney, Cory Wilson CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Baker outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDERATION OF THE JULY 13, 2016 MEETING MINUTES: Goeb moved to approve the minutes of July 13, 2016. Weitzel seconded the motion. A vote was taken and the motion passed 5-0. SPECIAL EXCEPTION ITEM: Discussion of an application for a special exception submitted by Adam Pretorius to allow an eating establishment to be located in in the Planned Development Overlay, Low Density Single-Family Residential (OPD-5) zone at 1040 Martin St. Walz began the staff report showing an aerial photo of the site. The building is located on the corner next to the public square which is the centerpiece of the larger Peninsula development. The Peninsula development is unusual for Iowa City, it is a master-planned neighborhood. The entire neighborhood is zoned RS-5 and open space was set aside to allow for a more dense type of development. The master-plan also allowed for of residential types—single-family homes, townhomes, and multi-family buildings. The area around the public square allowed for a mixed of uses as well, there can be home-based businesses and more traditional commercial uses on the ground floor with residential uses above. Those uses were meant to primarily be neighborhood servicing such as office uses and retail uses. Eating establishments (restaurants, coffee houses, cafes, etc.) were not originally considered but were later written into the Plan to be allowed by special exception. This applicant is seeking approval for a coffee shop which is classified as an eating establishment. Board of Adjustment August 10, 2016 Page 2 of 7 Walz noted that the applicant has applied some time ago to create some parking along an area adjacent to the park and the City had approved that application. The creation of that additional parking is now moving forward. However, when Staff reviewed this application they based their decision on the on-street parking that is already available. On the weekends there is additional demand for off-street parking in the area, but staff did not find it to be unmanageable. Walz stated that the special exception application signs were posted on the site and neighbors within 300 feet were notified. There were a few phone calls but no one expressed any concern. Walz reminded the Board that a couple of years ago they approved a special exception for a neighboring property that has become a restaurant. The Board also approved a spot for a coffee shop at another location but that spot was taken by a retail use (Woofables). That special exception has now expired. Since this new proposed coffee shop is in a different location a new special exception is necessary. Walz showed photos of the area and building and proposed floor plans for the coffee shop. The front portion will be used for the public coffee area and what was the garage for the building will be converted into backroom storage space. Staff feels that given the limited square footage of the space that garage conversion seems essential but do feel it is important to restrict the customer space to not include that area that would need an additional special exception. With regards to the standards, Walz stated because this proposed shop is small in size and located in a remote area of Iowa City it will limit the market for the property, and therefore not overwhelm the area with traffic or create a burden on the surrounding neighborhoods. The customer space is only 766 square feet and the storage area will only be 377 square feet. The residential uses for the building will be parking in private parking spaces behind the building. The building is entirely built so the only thing that would need further review will be exterior lighting on the building which has to be reviewed by the building inspector to assure it meets City standards. There are also strict rules on signage which will also be reviewed. The application seems consistent with the other commercial uses in the area (the restaurant) which has received no complaints from the neighborhood. Staff recommends approval of a special exception to allow an eating establishment to be located at 1040 Martin Street, subject to the following conditions: 1. Hours of operation are limited to 10 PM weeknights; 11 PM on Fridays and Saturdays. 2. Amplified sound on the exterior of the building is prohibited. 3. Outdoor alcohol service requires an OSA permit. 4. All aspects of the commercial establishment are limited to the first floor of the building: 766 feet of commercial space for customer access and operations for the eating establishment; 377 square feet to be used as backroom storage only. Chrischilles asked if the outdoor seating is already included in this plan. Walz confirmed it is, showing on a site plan where the outdoor seating would be and that it will be on private property not on the public sidewalk. Soglin asked what the proposed hours of operation would be for this coffee shop and what the hours of the other commercial uses in the area are. Walz said the restaurant is allowed to be open until 10 PM on weekdays and 11 PM on Fridays and Saturdays. She noted the hour limits set forth in the special exception go with the property, not the business. Soglin stated her concern with the hours is if the restaurant is open until 11 PM, the workers are likely out of there until midnight, and then if a coffee shop is opening at 6 AM there may be deliveries even earlier Board of Adjustment August 10, 2016 Page 3 of 7 so that between the two businesses there is a lot of activity almost 24 hours per day. Weitzel asked about the conditions places on the outdoor alcohol service. Walz said to serve alcohol outdoors would require the owners to apply for a special permit. An outdoor service area permit does not stay with a property, each individual business must apply annually. Dulek noted it is an annual review as well, along with the liquor permit. Goeb asked for clarification where the outdoor seating area would be. Walz said there is a little in the front of the building with the majority around the corner. Goeb asked if there was on-street parking in that area and Walz confirmed there was all around the pubic square. Baker asked if there was any requirement for parking. Walz replied there was not, the concept for this area was for the businesses to be neighborhood businesses that pedestrians could use, and not have large parking areas to generate additional traffic to the area. Baker also asked about the additional parking and if that was the applicant’s property or the City’s. Walz said it was the City’s and they gave the applicant permission to take part of the grass area within the public right-of-way to create parking with the approved special exception. The park is not a public park, it is owned and maintained by the homeowners association. Baker is concerned in the report where it states “Staff has observed that there appears to be sufficient on-street parking to serve the use.” and Baker has been out in that area several times a week and feels that parking is not sufficient and is a mess in that area. Walz stated that the neighborhood is designed to have an urban pedestrian feel and while there are many cars parked along the streets, that can slow traffic and create what feels like an issue but that does not mean there is an inadequate amount of parking. Additionally the idea of the coffee shop is that people from the neighborhood will be walking to it, not all driving there. Baker noted that under the Staff recommendation “Amplified sound on the exterior of the building is prohibited” but what if there is amplified sound coming from inside the building that can be heard outside? Dulek said that would be addressed through neighborhood complaints. Weitzel asked in general if there were any restrictions on opening hours anywhere else in town. Walz said there may be some restrictions on certain uses but could not think of any. Dulek was also not sure there were any restrictions on opening hours, however said there are restrictions on noise in certain hours (such as deliveries). Baker opened the public hearing and asked the applicant to come forward and address the Board. Adam Pretorius (670 Walker Circle) addressed some of the questions the Board raised. There will be 410 households in the Peninsula neighborhood at the time of completion, they are about 9 months from that completion date. There are currently about 2.5 residents per household so there will be about 1000 residents in this neighborhood. There are also neighboring developments (Mackinaw with 1,000 residents) that the business will be marketed to. The coffee shop is looking to capitalize on the park, noting that the bus stop is right across the street. The first bus of the day comes at 6:30 a.m. There are a lot of law, dental and medical folks from The University of Iowa that take the bus into work each day. Therefore the hours of operation they would propose would be 6 AM to 2 PM with the height of their traffic expected between 6 AM and 8 AM. Pretorius noted that they did tell their developer that the five parking spaces across the street must be completed for the purchase of this property. The five spaces Board of Adjustment August 10, 2016 Page 4 of 7 will be diagonal parking spaces and the homeowners association will maintain the spaces (snow removal, etc.). The parking will have no restrictions (no time limits) and will be open to all (not just for the coffee shop). Pretorius noted that as a resident of the area, he had expected an increase in traffic when the restaurant opened and was pleasantly surprised that did not happen. He also clarified that each commercial unit has a one-car garage, the restaurant did have two but converted theirs into a kitchen and dry storage area. Pretorius also said they have no intent to use their dry storage area ever for the public. He noted that they have applied for both a permit for retail and for food service, the primary focus is the coffee shop but in the future may want to add in some retail items similar to a mini-mart and also said they do not have an intent at this time to obtain an alcohol license, but that could come up later. Their main goal is to compliment but not compete with the restaurant (Apres Bistro – whose current hours are 5 PM to 10 PM weekdays and 5 PM to 11 PM on Friday and Saturday). With regards to music there will be music played inside but no intent to have it outside. For signage there will be a 6 by 2 foot sign that will be on the corner of the building and is non-illuminated. Soglin asked about deliveries and when those would be expected. Pretorius responded that they have not figured out the logistics yet of who would be doing the deliveries but are in discussions with the company that Apres Bistro uses and they usually deliver around 2 PM. Soglin asked how many employees they expect. Pretorius said their initial pro forma shows two in the busy hours and just one during other times of the day. Soglin noted they would likely need to drive into the area for their jobs so that would contribute to additional parking. Pretorius agreed. Goeb asked about summer hours and being open later to serve ice cream. Pretorius said they have tabled the ice cream idea for now, eventually they might like to be open later on Friday and Saturday for that, but they will need to revisit that at a later date. Dulek stated that from the City Code it does state that “no person should load or unload crates, containers, building materials, garbage cans or similar objects outdoors between 10 PM and 6 AM” so therefore there should not be deliveries at 4 AM. Jessica Kinney (co-owner of the coffee shop) will be taking primary responsibility for the execution of the menu, staffing and front of the house operations. The menu will not be extensive, focus will be on the coffee service, with about five items offered for breakfast and lunch. It will be pretty basic with sandwiches and grab-n-go items. Cory Wilson (1451 Foster Road) lives in the area and works for the development office. He stated the neighborhood is pretty excited for a coffee shop in the area. With regards to the parking and the curb cuts, the design of the park had the sidewalk set back with the intention of future parking there. They will also put in some landscaping once the parking is in to tie it all into the neighborhood. Baker closed the public hearing. Weitzel moves to approve a special exception to allow an eating establishment to be located at 1040 Martin Street, subject to the following conditions: 1. Hours of operation are limited to 10 PM weeknights; 11 PM on Fridays and Saturdays. Board of Adjustment August 10, 2016 Page 5 of 7 2. Amplified sound on the exterior of the building is prohibited. 3. Outdoor alcohol service requires an OSA permit. 4. All aspects of the commercial establishment are limited to the first floor of the building: 766 feet of commercial space for customer access and operations for the eating establishment; 377 square feet to be used as backroom storage only. Chrischilles seconded the motion. Weitzel finds that the use draws from the neighborhood itself which was primarily intended to have some small commercial uses as specified in the Staff Report, Comprehensive Plan and Zoning Ordinance. Soglin stated regarding agenda item she concurs with the findings set forth in the Staff Report of August 10, 2016 and conclude the general and specific criteria are satisfied unless amended or opposed by another Board member he recommends that the Board adopt the findings in the Staff Report as our findings with acceptance of this proposal. A vote was taken and the motion passed 5-0. Baker 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. BOARD OF ADJUSTMENT INFORMATION: Soglin noted that the Board had an application the previous year (EXC15-00012) regarding the MidWestOne Bank at Rochester and First Avenue and now that construction of that is underway she noted that much more of the building has been torn down than she had anticipated from the application. She asked if Staff could review. ADJOURNMENT: Weitzel moved to adjourn. Soglin seconded the motion. A vote was taken and the motion passed 5-0. BOARD OF ADJUSTMENT ATTENDANCE RECORD NAME TERM EXP. 9/14 10/14 12/16 1/13 2/17 3/9 4/13 6/15 7/13 8/10 BAKER, LARRY 1/1/2017 X X X X O/E X X X X X GOEB, CONNIE 1/1/2020 X X X X X X X X X X GRENIS, BROCK 1/1/2016 X O/E X -- -- -- -- -- -- -- CHRISCHILLES, T. GENE 1/1/2019 X X X X X X X O/E X X SOGLIN, BECKY 1/1/2018 X X X X X X O/E X X X WEITZEL, TIM 1/1/2021 -- -- -- -- X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member