HomeMy WebLinkAboutBOA Packet 4.10.19IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, April 10, 2019 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Special Exception Item
1. EXC18-00008: An application submitted by Linda Annis for a special exception to
allow for a buildable, non-conforming lot in the Low Density Single-Family (RS-5)
zone single-family zone located between 409 & 415 Kimball Road in order to build a
single family home.
2. EXC19-01: An application submitted by Faith Academy for a special exception to
allow for an expansion of a school operating under a previously granted special
exception in a Community Commercial (CC-2) zone located at 1030 Cross Park
Avenue.
D. Board Information
Clarification of language involving alternate selection
E. Consider the February 13, 2019 minutes
F. Consider the March 13, 2019 minutes
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, May 8, 2019
If you will need disability-related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Date: April 10, 2019
To: Board of Adjustment
From: Jesi Lile, Associate Planner, Neighborhood & Development Services
Re: EXC18-00008, 409 Kimball Road - Change in Staff Recommendation
Introduction
On March 11, 2019, the applicant, Linda Annis, called to inform staff that she closed on the sale
of 409 Kimball on March 4, 2019. She remains the owner of the vacant lot that is the subject of
this special exception application. Staff consulted with the City Attorney’s Office, and it is staff’s
opinion that the sale of this property affects her ability to apply for this special exception.
Section 14-4E-7F of the City Code allows for a special exception to establish a legal non-
conforming lot when two abutting lots have become in single ownership. The applicant was
informed that she must be the owner of both lots in a letter from the City Attorney’s office dated
December 5, 2018 [Attachment 1] that outlined the applicant’s options for the vacant lot. She
was reminded again in an email from staff on December 12, 2018 [Attachment 2] and in
subsequent phone conversations that the special exception would only be possible if she was in
ownership of both lots.
Recommendation
The two abutting lots no longer have a single ownership, and thus a special exception is not
available to establish the vacant lot as a legal non-conforming lot. It is not sufficient that the two
lots were under single ownership at the time of the application for the special exception. Since
the applicant is no longer the owner of both 409 Kimball and the vacant lot, Annis is no longer
eligible to apply for a special exception under 14-4E-7F: Regulation of Non-Conforming Lots.
As such, staff recommends denial of EXC18-00008 to make the lot between 409 & 415 Kimball
Road buildable for a single-family home.
Attachments:
1. December 5, 2018 Letter to Annis
2. December 12, 2018 Email to Annis
Approved by: ________________________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Neighborhood & Development Services
From:Jessica Lile
To:"Annis, Linda A"
Subject:409 Kimball Application
Date:Wednesday, December 12, 2018 2:24:05 PM
Hi Linda,
In processing your application, I have come across some differences in the measurements you
submitted from the plat of survey conducted by MMS in 2015 that was originally signed off on by
City Staff. My concern is that what you have submitted lacks some of the requirements listed in the
application. Specifically, in Section A of the application, the legal description of the property, and
Section B of the application with dimensions of the lot frontage in the exhibit where you show the
proposed setbacks for the new house, the north point and scale, and the distances of existing and
proposed structures from the property lines.
In order to process this application and get it before the Board in January, we need clear
measurements of your proposed changes. The Board will need to be able to see that your proposed
changes make the lot with the existing house more conforming and that the proposed house on the
second lot will be in conformity with the rest of the neighborhood. My recommendation is that you
consult with MMS again to make sure that this process is done in the most thorough way possible.
We will continue to process your application and work toward getting you on the agenda for the
January 9th meeting, but the issues I mentioned will need to be addressed prior to Tuesday, January
1st in order to finish and publish the associated Staff Report for Board members.
Additionally, I would like to remind you that this special exception is only possible so long as you (the
applicant) are in ownership of both lots. This means the sale cannot close until the special exception
is approved.
Please let me know if you have any questions, I will be happy to answer them as soon as possible.
Jesi Lile
Associate Planner
City of Iowa City
(319) 356-5240
Jesi Lile
Associate Planner
City of Iowa City
(319) 356-5240
STAFF REPORT
To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner
Item: EXC19-01 Date: April 10, 2019
Faith Academy: 1030 Cross Park Avenue
Parcel Number: 1023243001
GENERAL INFORMATION:
Applicant: Faith Academy
1030 Cross Park Ave
(319) 351-4860
Contact Person: Doug Fern
1030 Cross Park Ave
(319) 351-4860
dfern@faithacademyiowa.org
Property Owner: Parkview Evangelical Free Church
C/O Kyle Galloway
15 Foster Road
(319) 530-2049
Requested Action: Special Exception to allow for an expansion on
a previously granted special exception
Purpose: To allow for an expansion of a school in
a Community Commercial (CC-2) zone
Location: Pepperwood Plaza Subdivision Lot 7
Location Map:
Size: 2.81 Acres
Existing Land Use and Zoning: Commercial; Community Commercial (CC-2)
Surrounding Land Use and Zoning: North: Community Commercial (CC-2)
East: High Density Multi-Family
Residential (RM-44)
South: Low Density Multi-Family Residential
(RM-12)
West: Community Commercial (CC-2)
Applicable Code Sections: 14-4B-3A (General Criteria)
14-4B-4D(9) (Specific Criteria)
File Date: March 8, 2019
BACKGROUND:
In 2013, Faith Academy was granted a special exception to allow for a General Education
Facility in a Community Commercial (CC-2) zone at 1030 Cross Park Avenue to serve 25
kindergarten and 1st grade students. 1030 Cross Park Avenue is located in the back of a
commercial building containing retail storefronts in Pepperwood Plaza. The school entrance
faces a residential neighborhood which separates the school from the high-traffic commercial
area.
In 2014, Faith Academy applied for and was granted a special exception to expand the size of
the school and add more children. With this application the school added an entrance and
rearranged the drop-off and pick-up points from the west entrance near a loading dock to a
one-way alley on the east side of the building next to the new entrance in order to increase
safety and efficiency. There are no plans to change the current setup with this expansion.
Recently, Parkview Church started a satellite church campus in the building outside of school
hours. The church has been using the school gym for Sunday morning services, parking on the
south side of the building and using the school entrance. In November 2018, Parkview Church
purchased the entire building space north of the school that previously housed Stuff Etc., along
with other retailers and the Iowa City Police Department Substation, and plans to expand
Parkview Church into the former Stuff Etc., space to build a permanent sanctuary and allow
access through the north parking lot and entrance, though these would not be open during
school hours. The extra space will provide more room for both the school and church use in the
building. Religious uses are allowed by-right in Community Commercial (CC-2) zones.
PROPOSED REQUEST:
In 2014, the Board of Adjustment approved a special exception for an expansion of Faith
Academy with the following condition:
An enrollment of more than 105 students or the addition of more than 500 square feet of floor
area will be considered an expansion of the use that requires a new special exception.
The applicant is requesting another special exception in order to expand the square footage of
the school from 13,772 square feet to approximately 15,100 square feet by expanding into part
of the old Stuff Etc. space. This proposed expansion for the school is well over the limit set
through the condition at approximately 1,300 square feet, triggering the special exception
request. At this time the school has no plans to expand the number of students, which is
currently at 88.
The new space is to be utilized as a combination of church and school space. After the
expansion the space will be a total of 27,500 square feet with approximately 5,200 square feet
of dedicated church space, approximately 7,200 square feet of shared space, and
approximately 15,100 feet of dedicated school space. The school expansion will include larger
classrooms, school offices, restrooms, and a library in addition to the gym that is already there.
The plans for common space shared between the church and school include a kitchen, more
restrooms, and a common room to be used by the school as a lunch room. Religious institutions
are permitted uses within the CC-2 zone district. Therefore, the special exception requested is
only for the 1,300 square foot expansion of the school.
Figure 1. A preliminary view of the layout of the proposed expansion.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare; to conserve and protect the value of property throughout the city; and to encourage
the most appropriate use of land. It is the intent of the Ordinance to permit the full use and
enjoyment of property in a manner that does not intrude upon adjacent property. The Board
may grant the requested special exception if the requested action is found to be in accordance
with the specific criteria included for Section 14-4B-4D(9) pertaining to general education
facilities in the Community Commercial (CC-2) zone in addition to the general approval criteria
for special exceptions as set forth in Section 14-4B-3A.
The applicant’s comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval
criteria are set forth below.
SPECIFIC STANDARDS (14-4B-4D9):
9. General Education Facilities In The CC-2 Zone:
a. The use will be functionally compatible with surrounding uses and will not inhibit
retail and service uses for which the zone is primarily intended. The board may consider
such factors as site layout, size and scale of the development, and traffic circulation.
• Parkview Church purchased 58,420 square feet of space, most of which will remain
retail and service uses. The only change from retail is the Stuff Etc. space.
• The school entrance is located on the south side of the building away from the
commercial area of the property, including the customer parking area. While there
is a proposed entrance off the commercial side, it is for the church and will be
locked during school hours and not used by students.
• The parking area used for student pick-up and drop-off would remain the same.
The school uses a one-way access point off of Broadway St behind the building,
which does not interfere with traffic in the commercial area.
• The school is primarily attended by students who live in the area and around 6-8
students walk to and from school.
• Hours of operation will remain the same (7:30am – 3:30pm Monday - Friday),
which are not considered peak commercial times.
b. The use must provide a drop off/pick up area in a location that is convenient to, or
has good pedestrian access to, the entrance to the facility. The drop off/pick up area
must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does
not stack into adjacent streets or other public rights of way.
• About half the students (approximately 40) are picked up by the school van and
transported to and from the school daily. These students are dropped off at the
west entrance dedicated to students who rely on van transportation as to not
interfere with the parent drop off area.
• Individual drop offs use the east entrance. Parents drive down the one-way alley
near the east parking spots that can hold 12-15 vehicles at a time and drop
children off adjacent to the entrance. A safety coordinator from the school
manages the drop-off and pick-up routine daily.
• The school entrance is located on the back of the commercial storefronts in a low
traffic area.
c. The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation to the school according to the standards set forth in subsection 14-
2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian
walkways must be established connecting the main entrance(s) of the school to
adjacent public sidewalks and trails.
• There are 6-8 children who walk to and from school. Previous special exceptions
have required that the school complete and build new sideways to expand
pedestrian routes and safety. There are now sidewalks on both sides of the play
area that connect the school’s entrance to the sidewalk on Cross Park Ave.
Additionally, Cross Park Avenue and Broadway Street have sidewalks on both
sides.
• For a previous special exception, the school was required to provide adequate
bicycle parking and the location and has been approved by a Building Inspector.
• On commercial sites with multiple buildings, sidewalks or other approved
pedestrian routes must be provided between the principal buildings on site. The
City may exempt this requirement where pedestrian traffic between buildings is
rare or unlikely. Pedestrian traffic between buildings in this case is unlikely, and
therefore staff recommends these routes not be required.
GENERAL STANDARDS (14-4B-3A):
In order to grant a special exception, the board must find that the applicant meets the specific
approval criteria set forth in this title with respect to the specific proposed exception. The
board must also find that the applicant meets the following general approval criteria or that the
following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
• This school has been operating at this location since 2013 with no reported health or
safety issues.
• Students are provided with a 3,500 square foot fenced play area.
• There is an existing sidewalk that provides direct access to Cross Park Avenue as well as
low traffic volumes in this area and the surrounding residential neighborhood.
• The proposed expansion will increase the square footage of the school, but not the
number of students being served.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
• Faith Academy has been in operation since 2013 and serves the residents of the
surrounding neighborhood.
• The school has a limited enrollment capacity and limited hours of operation (7:30 am-
3:30 pm) that do not conflict with peak commercial times.
• Typically, places of worship and schools are seen as amenities in a neighborhood and do
not negatively impact property values.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district
in which such property is located.
• Faith Academy has been in operation for the past six years without impeding normal
and orderly development.
• There is still viable commercial activity in the front part of the building facing the
Pepperwood Plaza parking lot.
• The school has an entrance located on the south side of the building that faces multi-
family residential and is separate from the commercial on the north.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
• This expansion would not impact the already provided utilities, access roads, and other
necessary facilities.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
• The Academy is located in a low traffic residential area.
• There is already a safe and established circulation pattern that accesses the school
entrance from an alley that will not change with this expansion.
• Since the number of students will not change, the transportation system will not be
impacted by increases in vehicles, congestion, or drop-offs.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is to be located.
• The expansion being applied for is for the area being used for the school. There will be
no changes in use, and no new students past the allowable amount, which is currently
set at 105. For the 2018-2019 school year Faith Academy has 88 students enrolled.
• In order to expand the area used for the school, they will need to apply for a building
permit from the City and follow all relevant Municipal Codes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
• The Comprehensive Plan calls for neighborhood elementary schools as an integral part
of healthy, sustainable neighborhoods. Schools also provide a relationship with the
surrounding neighborhood that facilitates social connections, identity, and the well-
being of families whose children attend these schools
• The South District Plan sees neighborhood schools, especially elementary schools, as
“integral to healthy, sustainable neighborhoods.”
STAFF RECOMMENDATION:
Staff recommends approval of EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community Commercial
(CC-2) zone located at 1030 Cross Park Avenue subject to the following condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet
of floor area will be considered an expansion of use that requires a new special
exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the
school entrance that was a condition of the 2014 special exception.
ATTACHMENTS
1. Location Maps
2. Application Materials
Approved by: _________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
BROADWAY STKEOKUK STHOLLYWOOD BLVD
TAYLOR DRTRACY LN
SOUTHGATE AVE
PEPPERWOOD LN
HIGHWAY 6 E
HIGHWAY 6 E
CROSS PARK AVE
EXC19-01Faith Academy: 1030 Cross Park Avenueµ
0 0.055 0.110.0275 Miles Prepared By: Luke FoelschDate Prepared: Mar. 2019
An application submitted by Faith Academy to allowfor an expansion of square footage of a school operatingunder a previously granted Special Exception.
BROADWAY STKEOKUK STHOLLYWOOD BLVD
TAYLOR DRTRACY LN
SOUTHGATE AVE
PEPPERWOOD LN
HIGHWAY 6 E
HIGHWAY 6 E
CROSS PARK AVE
CC2
CC2
RM12RM12
RM12
RS12
CC2
RS5
RM12
RS12
RM12 RM12
RM12
RS12
CC2
RS12
RS12
RM12
CC2
RM12
CC2
CI1
RS12
RS12
RS5
CO1
RM12
RS5
CC2 RS12
RM44
RM12
RS12
CO1
RS12
RM12
RM12
CC2
RS12
RS12
CC2
RM44
CI1
RM12
RS5
RM12
RS5
CI1
RM12
RS5
RS12
CC2
RM12
CO1
RM12
CC2
RM12
CC2
RS12
RM44
CC2
RS5
CC2
RS5
CI1
RM12
CC2
CC2
RS5
RS5
RS5
CC2
CC2
CI1
RS12
RS12
RS5
CC2
RS12
RS5
RM12
RS12
CC2
RS12
RM12
CC2
CI1
CC2
RS5
CI1
RS5
CC2
RS5
RS5
RS12
CI1
RS12
RS5
RM12
CC2
RS5
RS5 RS5
RS5 RS5
RS12
CC2
CC2
RS5
RM12
RS12
RM12
CC2
RS5
RS5
CO1
RS12
CC2
RS5
CI1
RS12
RS12
RS12
CI1
RS12
RS12
EXC19-01Faith Academy: 1030 Cross Park Avenueµ
0 0.055 0.110.0275 Miles Prepared By: Luke FoelschDate Prepared: Mar. 2019
An application submitted by Faith Academy to allowfor an expansion of square footage of a school operatingunder a previously granted Special Exception.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENTS
FEBRUARY 13, 2019 – 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ryan Hall, Amy Pretorius, Zephan Hazell
MEMBERS ABSENT: Connie Goeb
STAFF PRESENT: Jesi Lile, Sarah Walz, Sue Dulek
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15 pm
ROLL CALL:
Lile announced that the Board currently has four members and that Goeb contacted her earlier that day
to let her know that her flight had been delayed and she would not be able to attend the meeting.
Another member, Amy Pretorius, has a conflict of interest and cannot hear the special exception, which
left only two members, so the meeting did not have a quorum. The special exception EXC18-00008 will
be deferred to the next meeting on March 13, 2019. The City Council will be appointing another board
member at the meeting Tuesday February 19, so the board will be full again and will have four members
who can hear the special exception in March.
Upon learning that Goeb would not be able to attend, Lile notified the applicant and a few neighbors in
opposition to let them know. Given that Goeb is not present, Lile suggested that the board defer their
selection of the chair and vice chair to March, as well as Board procedures as they will have a 5th
member then. Lile then explained that they could proceed to approve the minutes or that could be
deferred as well.
Pretorius motioned to defer, Hazell seconded the motion.
A vote was taken and the motion carried 3-0.
ADJOURNMENT:
Pretorius moved to adjourn this meeting.
A vote was taken and the motion carried 3-0.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
2/14
5/09
6/13
8/18
12/12
2/13
COX, ERNIE 12/31/2020 -- -- -- -- -- --
GOEB, CONNIE 12/31/2019 O/E X X X X O/E
HALL, RYAN 12/31/2022 X X X X X X
HAZELL, ZEPHAN 12/31/2021 -- -- -- -- -- X
PRETORIUS, AMY 12/31/2023 -- -- -- -- -- X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
MINUTES PRELIMINARY
BOARD OF ADJUSTMENTS
MARCH 13, 2019 – 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Connie Goeb, Zephan Hazell, Ryan Hall, Amy Pretorius
MEMBERS ABSENT: Ernie Cox
STAFF PRESENT: Jesi Lile, Sue Dulek
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15
ROLL CALL:
Present: Goeb, Hazell, Hall, Pretorius (Cox absent)
NOMINATION AND SELECTION OF BOARD CHAIR & VICE CHAIR:
Hall moved to nominate Goeb as Board Chair, Pretorius seconded the motion, all were in favor. Goeb
moved to nominate Hall as Vice Chair, Pretorius seconded the motion, all were in favor.
SPECIAL EXCEPTION ITEM:
Item EXC18-00008: an application submitted by Linda Annis for a special exception to allow for a
buildable, non-conforming lot in the Low Density Single Family Zone (RS-5) located between 409 & 415
Kimball Road in order to build a single-family home.
Lile told the Board that the day before Staff had received a request from the applicant to defer this item
until the next meeting on April 10, in part due to the unavailability of her attorney. Staff has no
objection to this request and has alerted the neighbors.
Goeb asked if anyone wished to move to defer EXC18-00008 to the April 10th meeting. Hall motioned to
defer, Hazell seconded the motion. Goeb, Hall, and Hazell voted to defer, Pretorius abstained due to a
conflict of interest (3-0).
REVIEW BOARD PROCEDURES:
Lile asked the Board if they had any questions or concerns about the procedures they have received
recently. Goeb asked about the language concerning the temporary alternate. Dulek replied that Staff
was working to clarify that language. This section pertains to alternates being allowed in appeals due to
conflict of interest, but that alternate cannot be involved in the purchase or sale in real estate. Goeb
wants to know why this is more strict than the guidelines for being on the Board, which states that the
majority of members cannot be involved in the purchase or sale of real estate.
Hazell wanted to know if there was talk of removing the clause or keeping it. Dulek replied that Staff did
not know, but whatever they proposed would be brought back to the Board for discussion. Hazell stated
that he thought the clause was a good idea. Hazell also wanted to know why the Board could only add
an alternate for appeals, not regular cases. Dulek responded that City Council decided (due to the Lusk
case) that most of the time appeals are where City Staff is challenged, and it is more needed to make
sure that a full Board hears the appeal, rather than special exceptions where cases are not as adversarial
against Staff or the public. Goeb clarified that the only appeals were appeals of administrative and staff
decisions, whereas applicants cannot appeal a special exception, it must go to court. Dulek clarified that
appeals come to the Board of Adjustment first, and it is important to Staff and City Council to have a
five-member Board. Special exceptions are different because they are typically more routine.
Hazell wondered if the Board could decide they would like an alternate if there was a more controversial
case. Dulek replied that all of that was decided through City Ordinance, and that it could be
recommended to City Council.
CONSIDER DECEMBER 12, 2018 MINUTES:
Hall motioned to approve the December 12, 2018 minutes, Hazel seconded, approved (4-0)
ADJOURNMENT:
Pretorius motioned to adjourn, (4-0).
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
2/14
5/09
6/13
8/18
12/12
2/13
3/13
COX, ERNIE 12/31/2020 -- -- -- -- -- -- O/E
GOEB, CONNIE 12/31/2019 O/E X X X X O/E X
HALL, RYAN 12/31/2022 X X X X X X X
HAZELL, ZEPHAN 12/31/2021 -- -- -- -- -- X X
PRETORIUS, AMY 12/31/2023 -- -- -- -- -- X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member