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HomeMy WebLinkAboutBOA 1.10.18 PacketMINUTES PRELIMINARY BOARD OF ADJUSTMENT DECEMBER 13, 2017 – 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Bryce Parker, Becky Soglin, Tim Weitzel MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Sylvia Bochner, Sarah Walz OTHERS PRESENT: Donovan Trana, Becci Reedus CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Soglin outlining the role and purpose of the Board and the procedures that would be followed during the meeting. CONSIDER THE OCTOBER 11, 2017 MINUTES: Weitzel moved to approve the minutes of October 11, 2017 with revisions discussed. Goeb seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC17-00009: Discussion of an application submitted by Donovan Trana for a special exception to reduce the front principal setback requirement to allow a non-required parking space in the Low Density Single-Family (RS-5) zone single-family zone located at 2205 D St. Bochner presented the staff report noting this property is located on a corner lot with frontage on D Street and 2nd Avenue. The applicant would like to construct additional parking on the west side of the property off of 2nd Avenue. Bochner stated that the Single-family Site Development Standards do allow for the construction of up to three non-required parking spaces within the front principle dwelling setback provided that the driveway leads directly to a parking space that is not located ln the front principle setback. With this property the applicant would have the right to construct a drive leading to a parking space located beyond the 15-foot setback. The applicant is requesting a special exception to reduce the front setback to decrease the amount of paving for the drive/parking space. Bochner showed on the map that the majority of the proposed parking space would be located within the 15-foot setback along 2nd Avenue. Bochner explained that the decision facing the Board is not whether or not the applicant can build an additional drive and parking pad, the decision is whether he may reduce the length of the drive so that the parking space lies within the front principal setback. Board of Adjustment December 13, 2017 Page 2 of 7 The specific standards related to parking and setbacks focus on ensuring that the reduction won’t be contrary to the intent of the setback regulations or harmful to surrounding properties. Bochner noted this case is somewhat unusual because it is a corner lot with principal front setbacks on both 2nd Avenue and D Street and it is also a small lot with no alley access. Bochner stated that the principal building setback regulations are meant to maintain light, air, privacy and fire protection access to buildings and reflect the building scale of the neighborhood. In this case, because no structures are proposed, the intent has more to do with more preventing vehicles from blocking sidewalks and preserving the residential and pedestrian character of the neighborhood. In this case, the special exception would not be contrary to those purposes; the reduction of the setback would provide parking for just one vehicle on a narrow 12 foot drive. Bochner pointed out that currently there is not a sidewalk on the 2nd Avenue frontage, but the City has installed a curb ramp on the corner of 2nd Avenue and D Street. If a sidewalk were to be installed in the future a vehicle would not obstruct that sidewalk if parked in the proposed parking space. Additionally this special exception would not change the character of the neighborhood as other homes in the neighborhood have their vehicle access from the street and not from an alley. Bochner stated that staff does recommend that the conditions specify that the setback reduction only applies to the storage of personal vehicles. The zoning code prohibits parking any vehicle longer than 20 feet (such as a RV, trailer, or boat) in the front setback; including this condition in the special exception would help with enforcement if there is ever an issue with storing anything other than a personal vehicle in the parking space. Bochner reviewed the general criteria for special exceptions and noted they deal more with public health, safety, comfort or general welfare and to ensure the special exception does not have negative consequences for neighboring properties or the general public. Staff has found that there are no safety concerns related to reducing the setback for the parking pad. Visibility is good in this location and would not be impacted by reducing the length of the driveway. Bochner reiterated that this portion of 2nd Avenue does not currently have a sidewalk but the City does plan to provide one in the future. Reduction of the setback will not affect that future sidewalk in this location. Because the proposed parking pad is accessed through a narrow 12 foot driveway staff believes there are no negative impacts on adjacent properties. Additionally the parking pad and driveway meet all other zoning requirements, a curb cut must be granted by the City Engineer to ensure the driveway meets separation standards from the adjacent driveway to the south and the intersection to the north. Staff recommends approval of EXC17-00009, an application for a reduction in the front principal setback for property located in the Low Density Single- Family (RS-5) zone at 2205 D Street subject to the flowing conditions: x The reduction in the setback is for the purpose of installing a driveway and parking pad only. x Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2nd Avenue. x This parking area shall be limited to the storage of personal vehicles only. No storage of recreational vehicles or other items within this area. Weitzel asked about the parking situation in the neighborhood, is it difficult to park on the street? Bochner noted there is street parking available and this property also has a driveway leading to an attached one-car garage from D Street. Parker asked if there was a timeline for the installation of the sidewalk. Walz stated the curb ramp was installed recently and the City has an infill sidewalk program to fill in sidewalks in places where they are not as time and resources are available. Board of Adjustment December 13, 2017 Page 3 of 7 Soglin opened the public hearing. Donovan Trana (2205 D Street) appreciates the Board’s consideration because the streets in that area vary in width, parking is allowed on both sides of the street making it sometimes hard to get through and there are a lot of cars with mirrors missing which makes it concerning to park on the street. Soglin closed the public hearing. Goeb noted this sounds like a reasonable request and a valid solution. Weitzel noted it does reduce the ground cover in the yard but the applicant answered his question of why they need off street parking. Goeb recommends approval of EXC17-00009, an application for a reduction in the front principal setback from for property located in the Low Density Single- Family (RS-5) zone at 2205 D Street subject to the flowing conditions: x The reduction in the setback is for the purpose of installing a driveway and parking pad only. x Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2nd Avenue. x This parking area shall be limited to the storage of personal vehicles only. No storage of recreational vehicles or other items within this area. Parker seconded the motion. Goeb stated that regarding agenda item EXC17-00009 she concurs with the findings set forth in the staff report of December 13, 2017, and conclude the general and specific criteria are satisfied. So unless amended or opposed by another Board member she 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 carried 5-0. Soglin stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk’s Office. SPECIAL EXCEPTION ITEM EXC17-00010: Discussion of an application submitted by the Crisis Center of Johnson County to allow an expansion of a Community Service Use located in the Intensive Commercial (Cl-1) zone at 1121 Gilbert Court. Walz began the staff report showing the location of the property on a map, noting that other uses in the neighborhood include various other community service providers (Salvation Army, Mayors Youth Empowerment) and the Crisis Center itself is part of a social services campus with the adjacent building at 1105 Gilbert Court. The two properties function together in terms of parking and circulation, and clients often receives services from both buildings. The two buildings together provide 79 parking spaces and the circulation function between the two properties improves things for both properties. Walz explained that when the 1105 Gilbert Court Board of Adjustment December 13, 2017 Page 4 of 7 project went in a number of years ago the two sites were brought up to date in terms of parking layout, setbacks, bicycle parking, etc. Additionally they consolidated a curb cut which allowed for more on street parking which is in demand on Gilbert Court. Walz explained that the proposal before the Board is a small addition (vestibule area) for the Crisis Center. It will allow for reorientation of the interior of the building, due to the growth of the use of the Crisis Center and growth in the amount of fresh produce provided by local food producers which has created a need for additional cooler space. With regards to the criteria Walz noted that staff look at is if the exception will change the overall nature of the facility which in this case it is not. This will actually allow the facility to do what it does more efficiently, it will not disrupt the parking on the property, doesn’t’ change the vehicular circulation on the property or what is being done on the property. Staff recommends approval of EXC17-00010 an application for a General Community Service Use in the Intensive Commercial (Cl-1) zone at 1121 Gilbert Court, subject to the following conditions: x Substantial compliance with the submitted site plan. x Dumpster should be screened from view of the street by solid or semi-solid fence enclosure. Parker asked about the total square footage of the existing building. Walz was unsure but thought the applicant could answer. Soglin asked about the pallets stacked around the building and where the pallets will go once the addition is built. Walz stated the applicant could address that question. Soglin opened the public hearing. Becci Reedus (Executive Director, Crisis Center) answered the pallet questions stating they would be taking one parking space and use that to store pallets. Reedus said that prior to the addition the building square footage is about 7200 square feet and will be close to 8000 with the addition. Reedus stated that due to the increase in clients this addition is needed. The warehouse was constructed in 2003 and in the time of 2003-2008 they served about 400-600 families per week and they are now well over 1000 families per week. In constructing the addition of the vestibule it will allow them to gut the existing warehouse and provide for more pallet space to store extra food. In addition to all the clients that come into the Center, they also operate eight mobile sites for food and one school site, and they need storage for the mobile food as well. Finally Reedus wanted to add that they currently only have one client bathroom in their facility and this addition will allow them to add a restroom and become up to Code. Goeb asked about the mobile sites and if they were indeed mobile or just off-site locations. Reedus said there is a mixture, they do one school site at Tate School and another pantry at Southeast Junior High, but others are operated off a straight-line truck that the lease from Table to Table. Parker asked about the number of families that visit the Crisis Center. Reedus said it is about 1000 families per week and probably about 6000 families in total per month and 13,000 to 14,000 individuals per year. Parker asked what the maximum number of people the Food Bank could feed. Reedus replied it is unknown, they have never turned anyone away. Soglin asked if they would have any way to distinguish the area where pallets will be stored. Board of Adjustment December 13, 2017 Page 5 of 7 Reedus said they had not been asked to do so, but is something they could consider. She noted the space could be striped as a no parking space to alert visitors not to park there. Soglin closed the public hearing. Parker asked if they reduce the parking by the one space for the pallets will there be any issue. Walz replied that the applicant is still well over their parking requirement. Chrischilles moves for approval of EXC17-00010 an application for a General Community Service Use in the Intensive Commercial (Cl-1) zone at 1121 Gilbert Court, subject to the following conditions: x Substantial compliance with the submitted site plan. x Dumpster should be screened from view of the street by solid or semi-solid fence enclosure. Weitzel seconded the motion. Goeb stated that regarding agenda item EXC17-00010 she concurs with the findings set forth in the staff report of December 13, 2017, and conclude the general and specific criteria are satisfied. So unless amended or opposed by another Board member she 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 carried 5-0. Soglin 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. REVIEW BOARD PROCEDURES: Walz noted that every year the Board reviews the procedural rules, one of which is the nomination of board chair and vice chair is in January so that agenda item will be executed next month. Walz stated that very the Board does not often update or change procedural rules, however ast year they updated the title of the City offices to the current title (changing Planning and Development Services to Neighborhood and Development),. The procedural rules also now note a number of reference materials that are available online rather than in paper form,. Most importantly the Board clarified some language in the Code regarding recusals and abstaining from votes. Goeb had a question regarding the recusals, she had recused herself last year from the discussions regarding the Kinnick House and if in the future if something comes up with that property (say a setback or driveway issue) would she need to recuse herself again. Dulek said what is important is that everyone that comes before the Board is greeted with an impartial Board so that is the decision each Board member has to make is if they can be impartial on the topic given previous opinions on matters. Walz noted that, in the ten years she has served the Board, that members have always exercised great caution and disclosed any perceived conflicts such that this has never been an issue. Walz discussed controversial applications and reminded the Board that, as with any application, they are not allowed to discuss application with anyone, including staff or the media. It is the Board of Adjustment December 13, 2017 Page 6 of 7 public hearing where all information should be shared and reviewed. Soglin suggested adding page numbers to the procedural document. Soglin also asked about Page 3 Article V regarding notice letters that go to any property owner within 300 feet of the subject property. Soglin asked whetheer renters of the properties could be notified. Walz said that staff had explored this, that notification is somewhat more complicated than it seems apartment numbers are not readily available. Staff posts the signs for this reason: that there may be other people in the neighborhood who have an interest in the property who will not be notified by mail. Walk indicated that the signs often generate more interest than the letters. Soglin also questioned Article VII under Records where it states the recordings shall be kept for a period of no less than six weeks. She noted there are times when the Board does not reconvene for eight or even twelve weeks. Walz said the six weeks is the procedural obligation but as far as she knows the recordings are kept for quite some time longer than the six weeks. NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR: Walz explained that at the first meeting in the new year, a new chair and vice chair would be nominated and voted on. The tradition has long been to go with tenure, however that is not a requirement. She noted that Chrischilles and Goeb are the most tenured members. If either would like additional training or any guidance from staff, that is available. The nomination and vote is deferred to January meeting. Soglin thanked her fellow board members and staff for their service in the time she was on the board. Board members in turn thanked Soglin. ADJOURNMENT: Weitzel moved to adjourn this meeting. Chrischilles seconded the motion. A vote was taken and the motion passed 5-0 BOARD OF ADJUSTMENT ATTENDANCE RECORD NAME TERM EXP. 12/14 1/11 4/12 5/10 6/14 7/12 10/11 12/11 PARKER, BRYCE 1/1/2022 -- X O/E X X O/E X X GOEB, CONNIE 1/1/2020 X X X X X O/E X X CHRISCHILLES, T. GENE 1/1/2019 X X X X X X X X SOGLIN, BECKY 1/1/2018 X X X X X X X X WEITZEL, TIM 1/1/2021 X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member