HomeMy WebLinkAbout2022-06-08 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT
Wednesday, June 8, 2022 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC22-0004: An application submitted by JAM Investments of Iowa City requesting
to expand an existing drive-through facility associated with an eating establishment
in a Community Commercial (CC-2) zone at 1926 Keokuk Street.
4. Consideration of Meeting Minutes: April 13, 2022
5. Adjournment
If you need disability-related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: July 13 / August 10 / September 14
Informal: Scheduled as needed.
June 8, 2022
Board of Adjustment Meeting
EXC22-0004
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
1
STAFF REPORT
To: Board of Adjustment
Item: EXC22-0004
Parcel Number: 1022108013
Prepared by: Kirk Lehmann, Associate Planner
Date: June 8, 2022
GENERAL INFORMATION:
Applicant: JAM Investments of Iowa City
1658 N. Milwaukee Avenue #107
Chicago, IL 60647
Contact Person: Thomas Scesniak
Thomas V. Sesniak Associates, Inc
1754 W. Wise Rd RDG W, Unit 1754
Schaumburg, IL 60193
847-352-5112
tscesniak@aol.com
Property Owner(s): JAM Investments of Iowa City
1658 N. Milwaukee Avenue #107
Chicago, IL 60647
Requested Action: Special exception for an accessory drive-through facility
in a Community Commercial (CC-2) zone
Purpose: To allow expansion of an existing non-conforming drive-
through facility for an eating establishment
Location: 1926 Keokuk Street
Location Map:
Size: 0.63 acres
2
Existing Land Use and Zoning: Commercial; Community Commercial (CC-2)
Surrounding Land Use
and Zoning:
North: Commercial; Community Commercial (CC-2)
East: Commercial; Community Commercial (CC-2)
South: Commercial; Community Commercial (CC-2)
West: Commercial; Community Commercial (CC-2)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-4C-2K-3: Drive Through Facilities
File Date: April 18, 2022
BACKGROUND:
The applicant (Thomas V. Sesniak Associates) submitted a special exception request for a drive-
through facility associated with a Popeyes restaurant for the subject property at 1926 Keokuk Street.
The property is zoned Community Commercial (CC-2), which requires a special exception for drive-
through facilities. Attachments 1 and 2 include an aerial image and zoning exhibit.
The lot is 26,252 square feet, and the proposed eating establishment is 2,264 square feet located
in the center of the site. Parking is north of the building and the drive-through wraps around the west
and south sides of the building. The building was originally constructed in 2004, prior to the current
zoning code, so aspects of the site are considered legal non-conforming development, including
the existing drive-through. The subject parcel is part of the tract comprising the Pepperwood Plaza
commercial area, and the surrounding area includes a variety of commercial uses.
A drive shared with other Pepperwood Plaza uses to the east provides vehicular access for the site,
and the existing drive-through facility exits back onto the shared drive south of the building. A shared
drive directly north of the property provides access onto Keokuk Street. Pedestrian paths are
provided throughout Pepperwood Plaza, and the subject property is connected to this network along
its east property line. Keokuk Street right-of-way and a sidewalk are directly west of the property.
The proposed project would expand a portion of the existing non-conforming drive-through facility
to the northwest of the building. The site plan (Attachment 4) shows two one-way drive-through
lanes that converge into the existing single lane parallel to Keokuk Street. The expansion would
include two new order boards, but the existing single pick-up window would continue to be used.
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 in Section 14-4C-2K-3, pertaining to special exceptions to allow drive through
facilities in a CC-2 zone, as well as the general approval criteria in Section 14-4B-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments are set forth below.
3
Specific Standards 14-4C-2K-3: Drive Through Facilities
a. 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:
(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.
FINDINGS:
• The subject property is accessed from shared private drives as part of the
Pepperwood Plaza tract. The trach 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.
FINDINGS:
• 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).
FINDINGS:
• 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.
4
• Staff recommends general compliance with the site plan be 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.
FINDINGS:
• 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 is demarcated with dyed
concrete where it crosses the parking aisle.
b. Location:
(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.
FINDINGS:
• The proposed drive-through facility is an expansion of an existing non-
conforming drive-through on the Keokuk-Street-facing façade 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.
(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.
FINDINGS:
• 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 less 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.
5
c. 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.
(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.
FINDINGS:
• 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.
FINDINGS:
• 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
development.
(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.
FINDINGS:
• Two kiosks for ordering and a single window for payment and pick-up are
proposed for the drive-through.
6
(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.
FINDINGS:
• 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.
FINDINGS:
• 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 by Ordinance No. 16-4685 on 11-15-2016)
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.
FINDINGS:
• 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.
General Standards: 14-4B-3: Special Exception Review Requirements:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The proposed drive-through expands an existing facility but is not expected to
substantially increase vehicular traffic to the site over previous levels.
• Vehicular circulation and access are adequate to accommodate drive-through traffic.
• No new vehicular and pedestrian conflicts are created by the expanded facility.
7
• 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.
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.
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.
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.
FINDINGS:
• The surrounding area is fully developed with commercial uses.
• Future redevelopment and improvement of adjacent properties will not be affected.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
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.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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.
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.
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.
8
• 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.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
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.
STAFF RECOMMENDATION:
Staff recommends approval of EXC22-0004, to allow a drive-through facility for the property
located at 1926 Keokuk Street, subject to the following conditions:
1. General compliance with site plan dated May 27, 2022.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
June 8, 2022
Board of Adjustment Meeting
EXC22-0004
ATTACHMENT 1
Location Map
Prepared by Staff
KEOKUKSTOLYMPIC CT
SOUTHGATE AVE
HIGHWAY 6 E
EXC22-00041926 Keokuk St. Drive Throughµ
0 0.03 0.060.015 Miles Prepared By: Emani BrinkmanDate Prepared: May 2022
An application submitted by JAM Investments of Iowa Cityfor a special exception allowing a expansion of an existingdrive-through for an eating establishment for 0.63 acres of property located at 1926 Keokuk Street .
June 8, 2022
Board of Adjustment Meeting
EXC22-0004
ATTACHMENT 2
Zoning Map
Prepared by Staff
KEOKUKSTOLYMPIC CT
SOUTHGATE AVE
HIGHWAY 6 E
RS5
CI1
CC2
EXC22-00041926 Keokuk St. Drive Throughµ
0 0.03 0.060.015 Miles Prepared By: Emani BrinkmanDate Prepared: May 2022
An application submitted by JAM Investments of Iowa Cityfor a special exception allowing a expansion of an existingdrive-through for an eating establishment for 0.63 acres of property located at 1926 Keokuk Street .
June 8, 2022
Board of Adjustment Meeting
EXC22-0004
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
Mailing Name Mailing Address2 Mailing Address3
KWIK TRIP INC PO BOX 2107 1626 OAK ST LA CROSSE, WI 54602
ORSCHELN FARM AND HO PO BOX 22845 OAKLAHOMA CITY, OK 73123‐1845
THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246
ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406‐0122
RESILIENT SUSTAINABLE F 308 E BURLINGTON ST #293IOWA CITY, IA 52240
PB2J LLC 18 IDYLLWILD CT IOWA CITY, IA 52245
CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322
MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755
D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240
MCC IOWA LLC ATTN TAX 1 MEDIACOM WAY CHESTER, NY 10918
AGING SERVICES INC 740 N 15TH AVE STE ‐ A HIAWATHA, IA 52233
NELSON F MELLADO 2030 KEOKUK ST IOWA CITY, IA 52440
KEOKUK INVESTMENTS LL 2010 KEOKUK ST IOWA CITY, IA 52240
IOWA MENNONITE CROW 851 HIGHWAY 6 E UNIT 101IOWA CITY, IA 52240
TIMBERLINE PROPERTIES 4415 HWY 6 SUGARLAND, TX 77478
KAY DEVELOPERS LLC 1524 KIMBER LN EVANSVILLE, IN 47715
MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244‐1700
SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246
KEOKUK APARTMENTS LLC755 MORMON TREK BLVD IOWA CITY, IA 52246
WWJ INVESTMENTS 1850 MCCLOUD PL NE CEDAR RAPIDS, IA 52402
DVIP 1105 S GILBERT CT #300 IOWA CITY, IA 52240
JAM INVESTMENTS OF IOW1658 N MILWAUKEE AVE #1CHICAGO, IL 60647
GRD PEPPERWOOD LLC 1805 STATE ST STE 101 BETTENDORF, IA 52722
MGNS LLC PO BOX 5591 CORALVILLE, IA 52241
PEPPERWOOD PROPERTIE 755 MORMON TREK BLVD IOWA CITY, IA 52246
PEPPERWOOD PLAZA ASSO755 MORMON TREK BLVD IOWA CITY, IA 52246
KWIK TRIP, INC 1907 KEOKUK ST IOWA CITY, IA 52240
CHRISTOPHER KEITH GUTH655 HOLLYWOOD BLVD IOWA CITY, IA 52241
BREESE CO INC THE 611 SOUTHGATE AVE IOWA CITY, IA 52242
ELM REAL ESTATE LC 603 SOUTHGATE AVE IOWA CITY, IA 52243
RESILIENT SUSTAINABLE F 1927 KEOKUK ST IOWA CITY, IA 52244
PB2J, LLC 545 OLYMPIC CT IOWA CITY, IA 52245
BURTCH RENTALS LLC 1929 KEOKUK ST IOWA CITY, IA 52246
MACKIE RENTALS LLC 1933 KEOKUK ST IOWA CITY, IA 52248
MACKIE RENTALS LLC 610 SOUTHGATE AVE REAR IOWA CITY, IA 52249
D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52250
MCC IOWA LLC SOUTHGATE AVE IOWA CITY, IA 52252
MCC IOWA LLC 546 SOUTHGATE AVE IOWA CITY, IA 52253
AGING SERVICES INC 817 PEPPERWOOD LN IOWA CITY, IA 52254
MELLADO, NELSON F 2030 KEOKUK ST IOWA CITY, IA 52255
KEOKUK INVESTMENTS LL 2010 KEOKUK ST IOWA CITY, IA 52256
TIMBERLINE PROPERTIES, 907 HIGHWAY 6 E IOWA CITY, IA 52258
KAY DEVELOPERS LLC 841 HIGHWAY 6 E IOWA CITY, IA 52259
MIDWESTONE BANK 1906 KEOKUK ST IOWA CITY, IA 52260
SOUTHSIDE SPIRITS LLC 1921 KEOKUK ST IOWA CITY, IA 52261
RESIDENT OF 2001 KEOKUK ST APT 2 IOWA CITY, IA 52262
RESIDENT OF 2001 KEOKUK ST APT 3 IOWA CITY, IA 52263
RESIDENT OF 2001 KEOKUK ST APT 4 IOWA CITY, IA 52264
RESIDENT OF 2001 KEOKUK ST APT 5 IOWA CITY, IA 52265
RESIDENT OF 2001 KEOKUK ST APT 6 IOWA CITY, IA 52266
RESIDENT OF 2001 KEOKUK ST APT 7 IOWA CITY, IA 52267
RESIDENT OF 2001 KEOKUK ST APT 8 IOWA CITY, IA 52268
RESIDENT OF 2001 KEOKUK ST APT 9 IOWA CITY, IA 52269
RESIDENT OF 2001 KEOKUK ST APT 10 IOWA CITY, IA 52270
RESIDENT OF 2001 KEOKUK ST APT 11 IOWA CITY, IA 52271
RESIDENT OF 2001 KEOKUK ST APT 12 IOWA CITY, IA 52272
RESIDENT OF 2017 KEOKUK ST APT 1 IOWA CITY, IA 52273
RESIDENT OF 2017 KEOKUK ST APT 2 IOWA CITY, IA 52274
RESIDENT OF 2017 KEOKUK ST APT 3 IOWA CITY, IA 52275
RESIDENT OF 2017 KEOKUK ST APT 4 IOWA CITY, IA 52276
RESIDENT OF 2017 KEOKUK ST APT 5 IOWA CITY, IA 52277
RESIDENT OF 2017 KEOKUK ST APT 6 IOWA CITY, IA 52278
RESIDENT OF 2017 KEOKUK ST APT 7 IOWA CITY, IA 52279
RESIDENT OF 2017 KEOKUK ST APT 8 IOWA CITY, IA 52280
RESIDENT OF 2017 KEOKUK ST APT 9 IOWA CITY, IA 52281
RESIDENT OF 2017 KEOKUK ST APT 10 IOWA CITY, IA 52282
RESIDENT OF 2017 KEOKUK ST APT 11 IOWA CITY, IA 52283
RESIDENT OF 2017 KEOKUK ST APT 12 IOWA CITY, IA 52284
RESIDENT OF 2017 KEOKUK ST APT 13 IOWA CITY, IA 52285
RESIDENT OF 2017 KEOKUK ST APT 14 IOWA CITY, IA 52286
RESIDENT OF 2033 KEOKUK ST APT 1 IOWA CITY, IA 52287
RESIDENT OF 2033 KEOKUK ST APT 2 IOWA CITY, IA 52288
RESIDENT OF 2033 KEOKUK ST APT 3 IOWA CITY, IA 52289
RESIDENT OF 2033 KEOKUK ST APT 4 IOWA CITY, IA 52290
RESIDENT OF 2033 KEOKUK ST APT 5 IOWA CITY, IA 52291
RESIDENT OF 2033 KEOKUK ST APT 6 IOWA CITY, IA 52292
RESIDENT OF 2033 KEOKUK ST APT 7 IOWA CITY, IA 52293
RESIDENT OF 2033 KEOKUK ST APT 8 IOWA CITY, IA 52294
RESIDENT OF 2033 KEOKUK ST APT 9 IOWA CITY, IA 52295
RESIDENT OF 2033 KEOKUK ST APT 10 IOWA CITY, IA 52296
RESIDENT OF 2033 KEOKUK ST APT 11 IOWA CITY, IA 52297
RESIDENT OF 2033 KEOKUK ST APT 12 IOWA CITY, IA 52298
RESIDENT OF 2103 KEOKUK ST APT 1 IOWA CITY, IA 52299
RESIDENT OF 2103 KEOKUK ST APT 2 IOWA CITY, IA 52300
RESIDENT OF 2103 KEOKUK ST APT 3 IOWA CITY, IA 52301
RESIDENT OF 2103 KEOKUK ST APT 4 IOWA CITY, IA 52302
RESIDENT OF 2103 KEOKUK ST APT 5 IOWA CITY, IA 52303
RESIDENT OF 2103 KEOKUK ST APT 6 IOWA CITY, IA 52304
RESIDENT OF 2103 KEOKUK ST APT 7 IOWA CITY, IA 52305
RESIDENT OF 2103 KEOKUK ST APT 8 IOWA CITY, IA 52306
RESIDENT OF 2103 KEOKUK ST APT 9 IOWA CITY, IA 52307
RESIDENT OF 2103 KEOKUK ST APT 10 IOWA CITY, IA 52308
RESIDENT OF 2103 KEOKUK ST APT 11 IOWA CITY, IA 52309
RESIDENT OF 2103 KEOKUK ST APT 12 IOWA CITY, IA 52310
RESIDENT OF 2119 KEOKUK ST APT 1 IOWA CITY, IA 52311
RESIDENT OF 2119 KEOKUK ST APT 2 IOWA CITY, IA 52312
RESIDENT OF 2119 KEOKUK ST APT 3 IOWA CITY, IA 52313
RESIDENT OF 2119 KEOKUK ST APT 4 IOWA CITY, IA 52314
RESIDENT OF 2119 KEOKUK ST APT 5 IOWA CITY, IA 52315
RESIDENT OF 2119 KEOKUK ST APT 6 IOWA CITY, IA 52316
RESIDENT OF 2119 KEOKUK ST APT 7 IOWA CITY, IA 52317
RESIDENT OF 2119 KEOKUK ST APT 8 IOWA CITY, IA 52318
RESIDENT OF 2119 KEOKUK ST APT 9 IOWA CITY, IA 52319
RESIDENT OF 2119 KEOKUK ST APT 10 IOWA CITY, IA 52320
RESIDENT OF 2119 KEOKUK ST APT 11 IOWA CITY, IA 52321
RESIDENT OF 2119 KEOKUK ST APT 12 IOWA CITY, IA 52322
RESIDENT OF 2135 KEOKUK ST APT 1 IOWA CITY, IA 52323
RESIDENT OF 2135 KEOKUK ST APT 2 IOWA CITY, IA 52324
RESIDENT OF 2135 KEOKUK ST APT 3 IOWA CITY, IA 52325
RESIDENT OF 2135 KEOKUK ST APT 4 IOWA CITY, IA 52326
RESIDENT OF 2135 KEOKUK ST APT 5 IOWA CITY, IA 52327
RESIDENT OF 2135 KEOKUK ST APT 6 IOWA CITY, IA 52328
RESIDENT OF 2135 KEOKUK ST APT 7 IOWA CITY, IA 52329
RESIDENT OF 2135 KEOKUK ST APT 8 IOWA CITY, IA 52330
RESIDENT OF 2135 KEOKUK ST APT 9 IOWA CITY, IA 52331
RESIDENT OF 2135 KEOKUK ST APT 10 IOWA CITY, IA 52332
RESIDENT OF 2135 KEOKUK ST APT 11 IOWA CITY, IA 52333
RESIDENT OF 2135 KEOKUK ST APT 12 IOWA CITY, IA 52334
RESIDENT OF 2151 KEOKUK ST APT 1 IOWA CITY, IA 52335
RESIDENT OF 2151 KEOKUK ST APT 2 IOWA CITY, IA 52336
RESIDENT OF 2151 KEOKUK ST APT 3 IOWA CITY, IA 52337
RESIDENT OF 2151 KEOKUK ST APT 4 IOWA CITY, IA 52338
RESIDENT OF 2151 KEOKUK ST APT 5 IOWA CITY, IA 52339
RESIDENT OF 2151 KEOKUK ST APT 6 IOWA CITY, IA 52340
RESIDENT OF 2151 KEOKUK ST APT 7 IOWA CITY, IA 52341
RESIDENT OF 2151 KEOKUK ST APT 8 IOWA CITY, IA 52342
RESIDENT OF 2151 KEOKUK ST APT 9 IOWA CITY, IA 52343
RESIDENT OF 2151 KEOKUK ST APT 10 IOWA CITY, IA 52344
RESIDENT OF 2151 KEOKUK ST APT 11 IOWA CITY, IA 52345
RESIDENT OF 2151 KEOKUK ST APT 12 IOWA CITY, IA 52346
RESIDENT OF 2151 KEOKUK ST APT 13 IOWA CITY, IA 52347
RESIDENT OF 2151 KEOKUK ST APT 14 IOWA CITY, IA 52348
RESIDENT OF 2167 KEOKUK ST APT 1 IOWA CITY, IA 52349
RESIDENT OF 2167 KEOKUK ST APT 2 IOWA CITY, IA 52350
RESIDENT OF 2167 KEOKUK ST APT 3 IOWA CITY, IA 52351
RESIDENT OF 2167 KEOKUK ST APT 4 IOWA CITY, IA 52352
RESIDENT OF 2167 KEOKUK ST APT 5 IOWA CITY, IA 52353
RESIDENT OF 2167 KEOKUK ST APT 6 IOWA CITY, IA 52354
RESIDENT OF 2167 KEOKUK ST APT 7 IOWA CITY, IA 52355
RESIDENT OF 2167 KEOKUK ST APT 8 IOWA CITY, IA 52356
RESIDENT OF 2167 KEOKUK ST APT 9 IOWA CITY, IA 52357
RESIDENT OF 2167 KEOKUK ST APT 10 IOWA CITY, IA 52358
RESIDENT OF 2167 KEOKUK ST APT 11 IOWA CITY, IA 52359
RESIDENT OF 2167 KEOKUK ST APT 12 IOWA CITY, IA 52360
KEOKUK APARTMENTS, LL 2001 KEOKUK ST IOWA CITY, IA 52361
KEOKUK APARTMENTS, LL 2001 KEOKUK ST APT 1 IOWA CITY, IA 52362
DVIP 548 OLYMPIC CT IOWA CITY, IA 52363
WWJ INVESTMENTS 609 OLYMPIC CT IOWA CITY, IA 52364
DOMESTIC VIOLENCE INTE612 OLYMPIC CT IOWA CITY, IA 52365
JAM INVESTMENTS OF IOW1926 KEOKUK ST IOWA CITY, IA 52366
GRD PEPPERWOOD LLC 851 HIGHWAY 6 E UNIT 102IOWA CITY, IA 52367
MGNS, LLC 851 HIGHWAY 6 E UNIT 103IOWA CITY, IA 52368
June 8, 2022
Board of Adjustment Meeting
EXC22-0004
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
Project Description:
Drive-through facility for a fast food restaurant at 1926 Keokuk Street.
APPEAL TO TI{E
BOARD OF ADruSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
DATE: 0412212022 PROPERTY PARCEL NO: 2017023
APPEAL PROPERTY ADDRESS: 1926 KEOKUK STREET, IOWA CITY
APPEAL PROPERTY ZONE: CC-z APPEAL PROPERTY LOT SZE: 0.602 Ac.
APPLICANT: JAM lnvestnents of IowaCity
1658 N. Milwaukee Avenue #107
Chicago, Illinois 60647
847 2323201
CONTACT PERSON : Thomas V. Scesniak
1754 West Wise Road
Schaumburg, Illinois 60 1 93
847.352.5112
PROPERTY OWNER: JAM Investnents of Iowa City
1658 N. Milwaukee Avenue #107
Chicago,Illinois 60647
847.232.3201
SPECIFIC REQUESTED SPECIAL EXCEPTION;
14.48-34
PURPOSE FOR SPECIAT EXCEPTION:
Drive Thru Restaurant
DATE OF PREVIOUS APPLICATION OR APPEAL FILED, IF ANY:
None
INFORMATION TO BE PROVIDED BY APPLICANT:
LEGAL DESCRIPTION OF PROPERTY:
See Attache
PLOT PLAN DRAWN TO SCALE:
See Attached
REVIEW. The Board shall review all applicable evidence regarding ttris site, existing and
proposed structures, neighboring uses, parking areas, driveway locations, highway
and street access, taffic ge,neration and circulation, drainage, sanitary sewer and
water systems, the operation ofthe specific proposed exception and other such
other evidence as deemed appropriate.
Drive thru pick-up windows for Popeyes Louisiana Chicken which is
Wffif Y frf;;iffi# ;rx?;x**u
structure (rormarrv
D. The applicant is required to present specific information, not just opinions, that the general
criteria for granting of a special exception (Section l4-48-3A, City Code), enumerated
below, will be met:
I The specificproposed exception will not be detimental to or endanger the public health,
safety, comfort or general welfare.
The redesign of this site has changed, increased safety, accessability w/ new drives,
pa*ing and additional landscaping.
2. T\e specific proposed exception will not be iqiurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish and impair values
in the neighborhood.
Popeyes Louisiana Chicken and similar facilities already exist in this commercial zone
i.e. CC-2 and this remodel of an existing vacant structure \ rill add to the value of the
neighborhood and Pepperwoo d Plaza.
3. Establishment of the specific proposed exception will not impede the norrral and orderly
development and improvement of the surrounding propedy for uses permitted in the zone
in which such property is located.
The project as redesigned will be consistent with development in the surrounding area.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
All utilities are aUwithinthe site.
5. Adequate measures have been or will be taken to provide ingress or egress designed so
as to minimize taJfic congestion on public steets.
All access in with in the PepperwoodPlazaminimizing taffrc on the Public ROW.
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.
Any and all modifications necessitated by the City of Iowa City review will be made bby
the Architect assuring that all regulations will be in conforrrance.,
7. The proposed use will be consistent with the Comprehensive Plan of the City.
The proposed use is consistent
List the names and mailing addresses of the record owners of all property located within
300 feet of the exterior limits of the property involved in this appeal:
See Attached.
z
Specific Criteria (14-4C-2K-3): Drive-Through Facilities Special Exception Approval Criteria
a. Access and Circulation: The transportation system should be capable of supply
supporting the proposed drive-through use in addition to the existing uses in the area.
Evaluation factors include street capacity and level service, effects on traffic circulation,
access requirements, separation of curb cuts, and pedestrian safety in addition to the
following criteria:
(l) Whenever possible and practical, drive-through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If applicant can demonstrate
that access from a secondary sheet, alley, or shared cross access drive is not possible
the board may grant access to a primary sfeet, 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 with in the building
envelope, and similar conditions.
ACCESS VIA SHARED EXSTING DRIVES.
(2) To provide for safe pedeshian movement, the number and width of curd cuts serving
the use may be limited . A proposal for a new curb cut on any steet is subject to the
standards and restrictions in chapter 5, article C, "Access Management Standards",
of this title.
NO NEW CURB CUTS.
(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 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 nurnber of parking spaces is
excessive (i.e., a drive-through that is to be used for pick up only and not ordering).
HAVE PROVIDED FOR ELEVEN STACKING WITH IN AND ON TIIE SITE.
(4) Sufficient on site signage and pavement markings shall be provided to indicate
direction ofvehicular travel, pedestrian crossing, stop signs, no entrance areas, and
. . oft"r confrols to ensure vehicular and pedestrian movement.
ALL SIGNAGE IS IN PLACE AND COMPLIES.
b.[,ocation:
(1) In the CB-2 zone and in all other subdisticts of the riverfront qossings distict
located east ofthe Iowa River, drive-through lanes and sqvice windows must be
located on a nonstreet-facing facade. In all other locations where drive-throughs are
allowe4 this location standard must be met, unless the applicant can demonstrate
that a steet facing location is preferable for the overall safety and efficiency of the
site, does conflict with the adjacent uses or pedestian access, and does not
compromise the character of the street scape or neighborhood in which it is located.
DRIVE THROUGH IS LOCATED ONNON STREET SIDE IN TI.trS CC.z
ZONE.
@ Drive-through lanes must be set back at least ten feet (10') feet from adjacent lot
lines and public rights of way and screened from view according to design standards
below.
AGREED
c. Design Standards: The number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility not to be detimental to adjacent residential
properties or detract from or unduly intemrpt pedestian circulation or the commercial
character of the area in which th rse is located. The board of adjustnent may increase or
reduce these standards according to the circumstances affecting the site.
(l) To promote comparabihty with surrounding developmen! the number of drive-
through lanes should limited such that the amount of paving and stacking space does
not diminish the design quahty of the street scape or the safety of the pedestrian
environment
THE E)ilSTING DRIVE TTIRU IA}.IE IS COMPATIBLE A}ID AS
RECONFIGIJRED ADDS ADDITIONAL GREEN SPACE.
(2) Drive through lanes, bays and stacking spaces shall be screened from views from the
street and adjacent properties to the 52 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 53 standard.
T}IE ADruSTED LA}IDSCAPE PLA}I COMPLMS
(3) Multiple windows servicing a single stacking lane (e.g., order boar4 palment,
window, pick up window) should be considered to reduce the amount of idling on
the site.
AGREED,IIAVE DONE SO.
(4) Stacking spaces, driveways and drive through windows shall be locakd to minimize
potentiat for vehicular and pedesnian conflicts and shall be integrated into the
surrormding landscape and street scape design of the neighborhood in which it is
located.
COMPLIES.
(5) Lighting for the drive through facility must comply with the outdoor lighting
standards set forth io chapter 5, article G ofthis title and must be designed to prevent
light trespass and glae onto neighboring residential properties.
AS REDESIGNED TIIE FACILIry COMPLIES.
(6) (Rep.by Ord. 164685,11-15-2010
(7) Loudspeakers or intercom systems, if allowed, should be located and directed to
minimize distnrbance to adjacent uses. Special consideration should be given to
locations adjacent to residential uses to insure such systems do not diminish the
residential character oi the neighborhood.
SPEAKERS SYSTEMS ARE OMM DIRECTIONAL,I.E. DIRECTED TO
T}M PERSON IN T}IE VEHICLE.
Date:April 24th 2022,
Date: April 24th ,-. ,2A
Date: April 24th .. - .20
: Verified by pdffiller
'oTalfiTfivesfrnents of Iorra City, LLC
Parcel Number Mailing Name Mailing Address1 Mailing Address2 Mailing Address3 Mailing Zip Code City (mail) Zip Code Property Address x y1015458001 ORSCHELN FARM AND HOME 090 PO BOX 22845 OAKLAHOMA CITY, OK 73123‐1845 IOWA CITY 52240 655 HOLLYWOOD BLVD 1022104001 THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246 IOWA CITY 52240 611 SOUTHGATE AVE 1022133001 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406‐0122 IOWA CITY 52240 603 SOUTHGATE AVE 1022102002 RESILIENT SUSTAINABLE FUTURE F 308 E BURLINGTON ST #293 IOWA CITY, IA 52240 IOWA CITY 52240 1927 KEOKUK ST 1022131001 PB2J LLC 18 IDYLLWILD CTIOWA CITY, IA 52245 IOWA CITY 52240 545 OLYMPIC CT 1022102003 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 IOWA CITY 52240 1929 KEOKUK ST 1022103005 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 IOWA CITY 52240 1929 KEOKUK ST REAR 1022102004 MACKIE RENTALS LLC 4499 580TH STLONE TREE, IA 52755 IOWA CITY 52240 1933 KEOKUK ST 1022103006 MACKIE RENTALS LLC 4499 580TH STLONE TREE, IA 52755 IOWA CITY 52240 610 SOUTHGATE AVE REAR 1022102005 D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240 IOWA CITY52240 1937 KEOKUK ST 1022103004 MACKIE RENTALS LLC 4499 580TH STLONE TREE, IA 52755 IOWA CITY 52240 610 SOUTHGATE AVE 1022131006 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 IOWA CITY 52240 SOUTHGATE AVE 1022132001 MCC IOWA LLC ATTN TAX DEPT 1 MEDIACOM WAY CHESTER, NY 10918 IOWA CITY 52240 546 SOUTHGATE AVE 1022101010 NELSON F MELLADO 2030 KEOKUK ST IOWA CITY, IA 52440 IOWA CITY 52240 2030 KEOKUK ST 1022101020 KEOKUK INVESTMENTS LLC 2010 KEOKUK ST IOWA CITY, IA 52240 IOWA CITY 52240 2010 KEOKUK ST 1022108008 PEPPERWOOD PROPERTIES LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 1022110001 IOWA MENNONITE CROWDED CLOSET 851 HIGHWAY 6 E UNIT 101IOWA CITY, IA 52240 IOWA CITY 52240 851 HIGHWAY 6 E UNIT 1011022108004 TIMBERLINE PROPERTIES 4415 HWY 6 SUGARLAND, TX 77478 IOWA CITY 52240 907 HIGHWAY 6 E 1022108005 KAY DEVELOPERS LLC 1524 KIMBER LN EVANSVILLE, IN 47715 IOWA CITY 52240 841 HIGHWAY 6 E 1015492001 MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244‐1700 IOWA CITY 52240 1906 KEOKUK ST 1022102001 SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246 IOWA CITY 52240 1921 KEOKUK ST 1022105004 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 21022105005 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 31022105006 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 41022105007 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 51022105008 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 61022105009 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 71022105010 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 81022105011 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 91022105012 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 101022105013 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 111022105014 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2001 KEOKUK ST APT 121022105015 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 11022105016 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 21022105017 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 31022105018 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 41022105019 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 51022105020 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 61022105021 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 71022105022 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 81022105023 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 91022105024 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 101022105025 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 111022105026 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 121022105027 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 131022105028 KEOKUK APARTMENTS LLC 755 MORMON TREK BLVD IOWA CITY, IA 52246 IOWA CITY 52240 2017 KEOKUK ST APT 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June 8, 2022
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
April 13, 2022
Prepared by Staff
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
APRIL 13, 2022 – 5:15 PM
MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Amy Pretorius, Mark Russo
MEMBERS ABSENT: Bryce Parker
STAFF PRESENT: Sue Dulek, Kirk Lehmann
OTHERS PRESENT: Mike Oliveira, Peter Speltz
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Chrischilles outlining the role and purpose of the Board
and the procedures that would be followed in the meeting.
CONSIDER THE MARCH 9, 2022 MINUTES:
Pretorius moved to approve the minutes of March 9, 2022, Russo seconded.
A vote was taken and the motion carried 3-0 (Carlson absent for vote).
SPECIAL EXCEPTION ITEM EXC22-0002:
An 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.
Chrischilles opened the public hearing.
Lehmann noted the owner is asking for this exception on both this property and the property
directly to the north and pointed the properties out on the location map. Both properties share a
common driveway. The property is in a CB-2 zone but there are some residential uses around it
as well as some commercial uses. To the north are more residential uses and then Office
Commercial to the east. This property was originally built as a detached single-family home
more than 100 years ago and was converted to a duplex around 1977 based on rental permit
information. The duplex has a one-bedroom unit on the main floor and a two-bedroom unit on
the second floor. The property has two conforming parking spaces, however, it does have a
rental occupancy of eight with four rental occupants per unit. The occupancy was determined in
a study that was done around 2000, where they reviewed rental properties with non-conforming
parking spaces and looked at residential occupancy, square footage, and then determined the
rental occupancy and that's been carried forward since that time. Therefore, the legal rental
permit for this property is up to eight occupants, four in each unit. Lehmann stated the CB-2
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April 13, 2022
Page 2 of 13
zone does not allow detached single family or duplex uses, but there is a provision where a non -
conforming use can be granted a special exception to convert to a different non-conforming use
of the same or lesser intensity, provided all the approval criteria are met. Lehmann explained
they typically see this where there's a commercial building in a single-family zone, so this is a bit
of an unusual circumstance. Both of these uses would be non-conforming, and it would be less
intense. The applicant has indicated a desire to transition the second -floor kitchen and living
room back into bedrooms so that would increase the number of bedrooms to five. Again, based
on the current onsite parking that there is, which is two conforming spaces, that would limit adult
occupancy to three adult occupants based on the zoning code. That being said, the applicant
has requested to use two offsite parking spaces to allow an additional two adult occupants,
which is allowed per the zoning code at 14-5A-4F-1 and could be approved by the Director of
Neighborhood Development Services. At this time, staff has received a complete application,
but is still reviewing it and the potential for additional occupancy is a decision that's independent
of this special exception and does not affect staff’s recommendation regarding the conversion
from a duplex to a detached single family use.
Lehmann showed the site plan noting the property is about nine feet from the front lot line. He
also stated the CB-2 zoning doesn't have that many dimensional standards so there really are
no complications there. He pointed out the open space in the back, the parking area and the
shared driveway to the north. The parking is one space in the driveway and one in the garage
at the back of the site. The applicant also submitted proposed floor plans that show the five
bedrooms proposed where there would be four on the upper story and one on the main level.
The Board’s role tonight is charged with approving, approval with conditions, or denying the
application based on the facts presented. To approve the special exception the Board must find
that all applicable approval criteria are met which includes specific standards for the waiver
requested and then also for general standards, which apply to all special exceptions.
The specific criteria are found at 14-4E-5B-2 which are for non-conforming uses and the Board
of Adjustment may grant a special exception to allow a non-conforming use which is located in a
structure not designed for a use allowed in the zone to be converted to a non-conforming use in
a different use category or subgroup that is the same or lesser in intensity than the existing use
provided the following conditions are met. The first condition is that the proposed use will be in a
structure that was designed for use that is currently not allowed in the zone, for example a
storefront commercial building located in a single-family residential zone. Lehmann noted in this
case, 311 North Gilbert was constructed as a detached single-family use more than 100 years
ago. It was subsequently converted into a duplex and CB-2 zones do not allow two family uses
nor do they allow detached single family uses but the use is a legal non-conforming use.
The second criterion is that it is the same or lesser level of intensity and impact than the existing
use. Lehmann explained there's some commentary which is that the Board of Adjustment will
make a determination regarding the relative intensity of the proposed use by weighing evidence
presented by the applicant with regards to such factors as anticipated traffic generation, parking
demand, hours of operation, residential occupancy, noise, dust and customer and or resident
activity and the Board may also consider qualitative factors such as whether proposed use will
serve an identified need in the surrounding neighborhood. Regarding intensity, Lehmann stated
generally a detached single-family use, which is one dwelling unit, is considered a lesser
intensity than a duplex use, which is two dwelling units, and the two dwelling units in the duplex
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April 13, 2022
Page 3 of 13
do have a combined rental occupancy of eight with four occupants in each unit. With the
conversion to single family, the structure will only be able to have three adult occupants due to
the property only having two parking spaces and that is exclusively with onsite parking. The
impact of a single-family use will be of a lesser intensity than the impact of the duplex staff
believes based on the reduction in the legacy rental occupancy. Additionally, once a duplex is
converted to a single family use it may not be converted back to a prior non-conforming use.
The third specific criterion is the proposed use is suitable for the subject structure and site.
Lehmann stated it was originally constructed as detached single family and returning the duplex
conversion to a detached single family is appropriate, so staff believes that this is met.
The final criterion is the structure will not be structurally altered or enlarged in such a way as to
enlarge the non-conforming 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.
Lehmann stated no physical changes will be made to the exterior of the house as part of the
conversion. If approved, the applicant is proposed converting the second -floor kitchen and living
room back into two bedrooms and removing the permanent separation between dwelling units.
Staff recommends that converting the second-floor kitchen into a bedroom and removing the
permanent barrier between units be conditions of approval because that would complete the
transition from a duplex to a single family home. Increasing the number of bedrooms is an
enlargement under the code which is typically not allowed for non-conforming uses but that
would occur after it is converted into a non-conforming single-family use, and it may be enlarged
provided the expansion does not increase other non-conforming situations on the property.
Consequently, occupancy could be increased if the Board of Adjustment approves the
conversion but staff does not consider the conversion itself to be an enlargement.
Lehmann moved onto the seven general criteria for all special exceptions, found at 14-4B-3.
The first is that the specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. He noted the property is already a non-conforming
use in a commercial zone and it would be converted into another less intensive non -conforming
use. He also noted there are no physical changes to the exterior structure. Currently the two
dwelling units in the duplex have a combined rental occupancy of eight with four occupants in
each unit, and with the conversion to single family, the structure will be restricted to three adult
occupants as the property only has two off street parking spaces.
The second criterion is that the 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. Staff finds that the conversion o f the property from a
duplex to detached single family is changing it back to its original use. The area has a mix of
residential and commercial uses which includes single family homes, so staff anticipates no
impacts on the surrounding property values.
Third criterion is that the establishment of the exception will not impede the normal and orderly
development and improvement of surrounding properties for the area. Lehmann stated the
surrounding area is already fully developed with a mix of residential and commercial uses,
including some established businesses. There are no proposed physical changes to the exterior
of the structure and the property complies with setbacks in the CB-2 zone.
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April 13, 2022
Page 4 of 13
Fourth, adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. It's an already developed property with all utilities access roads, drainage and
necessary facilities established. Lehmann noted pedestrian access is available along North
Gilbert Street to the east and vehicular access to shared parking is provided in conjunction with
the adjacent property to the north, which is 315 North Gilbert Street, and access will not change
due to the proposed exception. Also, because there are no impacts to the exterior of the
structure, it won't impact stormwater at all, so staff believes that this criterion is met.
The fifth criterion is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion on public streets. Again, there are no changes to
the proposed driveway, sidewalk or streets and the property has two conforming parking
spaces, but it will need to continue to share access with 315 North Gilbert Street to ensure
access to that parking. As for traffic, it's anticipated that it would be similar to other single family
uses in Iowa City.
Six is that the special exception complies with all other standards in the code. Lehmann noted
the property meets all dimensional standards for the CB-2 zone and all single-family site
development standards including open space requirements. As noted earlier, to ensure
adequate access for the properties two parking spaces, it has to continue to share access with
315 North Gilbert Street. Finally, because the property would convert to a single-family use with
two parking spaces, the maximum occupancy of property would be restricted to three adult
occupants.
The final criterion is that it must comply with the Comprehensive Plan of the City. The future
land use map designations for this property in the Comprehensive Plan shows it as mixed use
and the Central District Plan shows it as urban commercial. The zoning is consistent with these
categories and will not change as a result of special exception. Also, 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. In addition, the Central District plan has goals to maintain and
improve older housing stock and encourages reinvestment in residential pr operties throughout
the District, so returning a duplex conversion back into single family home better reflects the
original use of the property until such a time as the property is redeveloped.
Staff recommends approval of EXC22-0002, to convert a two-family (duplex) use to a detached
single-family use for the property 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 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.
Staff did receive several inquiries, and also a late public comment which for those in the
audience is available near the door. It was a letter from Don and Dorothy Fowles, and a few of
the highlights from the letter are, first they note the staff report notes that only three adult
occupants can reside there based on parking but the applicant has requested offsite parking,
which could affect the findings. They also note that the single-family use with five bedrooms
being requested is more intense than the current use on the property and that the owner would
like to allow a larger number of non-familial individuals live there so the term single family is
inaccurate. Also that the rental permit numbers are so high that they lead to false conclusions.
Board of Adjustment
April 13, 2022
Page 5 of 13
With regards to the adult occupancy and offsite parking, in looking at single family uses,
Lehmann stated the parking that is currently approved for the property, which is all staff can
make a determination on at the current time, would restrict it to three adult occupants. The
applicant has requested two additional offsite parking spaces and if that's approved, they could
increase that to five adult occupants. Even with five adult occupants staff sees that as being a
reduction just based on that legacy rental occupancy where they could have eight occupants.
Whether that's a reasonable number of occupants doesn't factor into staff’s determi nation,
because legally they could have a duplex with eight adult occupants so staff would still see five
as reduction based on that occupancy. The Board can make their own determination.
Russo wondered what the parking requirement for an occupancy of eight people would be.
Lehmann replied the parking doesn't factor in because it's a grandfathered situation and the
study in 2000 looked at all rental properties within the City that had non-conforming parking and
that's when the determinations were made as to what those occupancies were. So the
occupancy that they currently have is allowed regardless of the parking. Because they're
converting the use, they would lose that grandfathered status, and then they have to comply
with the zoning code.
Dulek explained just for a little background, for the study in 2000, Council appointed a
neighborhood task force to make sure everybody understood what the occupancy was for every
rental unit. Some were obviously easy like a brand new two-bedroom apartment, but these older
homes that had been divided up over the years were a little harder to determine. They went
through every one of them and put a number on and allowed the owner to comment. This was
maybe a two-year process on the renewal of all the rental properties looking at the last 20 years
and it noted eight people living in this house, and they will probably have eight people living in
this house, regardless of the parking. So that was some of the type of standards used to try to
determine parking for all rental units, but in particular those that are non-conforming with respect
to parking, were just assigned at that time and grandfathered since then.
Lehmann noted additionally, there are also some grandfathered parking spaces that would not
be considered conforming parking spaces under the current zoning code. For example, they can
only have two cars stacked and have that count as conforming parking for properties with long
driveways, even if three or four cars might fit.
Russo asked if they convert to single family, they lose that grandfather status, but then they can
climb back towards eight occupants. Lehmann explained to do that they have to find
conforming parking spaces and there's a provision that allows offsite parking with certain
standards, and there has to be a special plan. The applicant did submit a plan that was included
in the packet, but the parking has to be within 300 feet from the entrance in a commercial zone,
which is what this property is located in. It would have to be on top of whatever other parking is
required there, they can't just swap out parking and say they have additional spaces when they
don't. In terms of approval criteria, the Director of Neighborhood Development Services would
consider the desirability proposed off street parking and stacking spaces location, pedestrian
vehicular traffic safety, any detrimental effects on adjacent property, the appearance of the
streetscape as a consequence of the off street parking and in the case of non-required parking,
the need for additional off street parking. And then it also requires a written agreement between
the property owners so that they can continue to be used as parking for whichever property has
the offsite parking. Therefore, this isn't really a reduction in parking, it’s just offsite parking.
Board of Adjustment
April 13, 2022
Page 6 of 13
Pretorius asked Lehmann to confirm that the rental occupancy would also be based on the
number of bedrooms, which is now five. What if somehow they figured out in the future the
remodel has eight bedrooms and they need much more off street parking, could they get back
up to that number again. Lehmann confirmed the rental occupancy with the current exception
proposed allows for three adults due to parking, it can go up to five adults if the off-site parking
is granted, but it would never approach eight again.
Chrischilles asked if the exception is granted, and they get the parking spaces, and the property
can go to five occupants, what happens if the property is sold to someone else other than
Prestige and does not have access to the additional parking, does the property go back to only
two spaces and back to three people. Lehmann said it could go either way, depending on how
the covenant is written. Typically, they would expect it to be a permanent covenant, but it
doesn't have to be so it could be a situation where it reverts back because it no longer has
offsite parking. Anytime a new rental permit is issued, that would be when they would determine
the parking and occupancy.
Chrischilles asked if the Board can stipulate that if the property is sold, and they don't have
access to the additional two spaces, it automatically be reverted back to three. Lehmann stated
the Board can only place conditions that would tie into the approval criteria that they have
before them. The offsite parking will be decided by the Director of the Neighborhood and
Development Services and the covenant will be reviewed by the City Attorney. Lehmann stated
the Director will make the determination as to whether to approve the parking based on the
approval criteria and qualifying factors where it's 300 feet, the same zones, those sorts of
things. Those all appear to be met. She will also review the desirability of the proposed off street
parking space location, safety, detrimental effects on adjacent property, appearance,
streetscape, and a need for additional off-street parking. It is an independent decision and not
based on the Board’s approval tonight because there are already two conforming spaces.
Carlson asked if the Board is just voting tonight on converting it to a single-family house, taking
the kitchen off upstairs and removing the wall between the two units. Lehmann confirmed that
is correct but noted the Board can propose any conditions that they may believe are needed to
mitigate any negative impacts that that apply to the approval criteria. Lehmann noted the two
conditions, the separation and the conversion of the second-floor kitchen, are staff’s
recommended conditions based on if they're going to convert it from duplex to single family, it
makes sense to get rid of the vestiges of a duplex.
Dulek noted the standards themselves in the special exception do not address the offsite
parking, and they can only add it as a condition if they feel that offsite parking can be tied to one
of the standards.
Russo asked if this offsite parking is common. Lehmann stated typically, they see more offsite
parking in larger uses, generally they don't see it with single family uses. The 300 feet can be
challenging, because that basically means that the parking has to be within a block, and
especially downtown parking can be pretty tight. Additionally, it's often tied up with the
occupancy of the properties.
Mike Oliveira (Prestige Properties) stated they have successfully converted duplexes into
single-family homes before. Their last conversion was at 527 North Van Buren, which was an
Board of Adjustment
April 13, 2022
Page 7 of 13
older home that was a duplex and in disrepair, so they converted it back to a single-family
rental, met all the criteria, all the green space requirements and completed all the massive
amount of paperwork it takes to get through that process with the City. They have now
purchased 311 and 315 North Gilbert Street and they own eight properties adjacent to this these
properties. Therefore, he is a currently vested stakeholder in what happens in these properties
and has personally lived two houses away. When they purchased these properties, they had
the option to take a look at tearing it down right away to do redevelopment, or put a placeholder
in place, which is what they currently think that they should do and convert it back to a single -
family home. The duplex conversion that was done many years ago really cuts up these houses
and makes them very hard to live with in and has been a disgrace to these wonderful older
houses. They are looking at converting 311 and 315 back to single family, they have already
begun work in the houses, have them all painted, got them all fixed up, they're just waiting to
decide on what's going to happen with the kitchens. There's 10 foot high ceilings in these old
houses and they're really beautiful. Oliveira did want to address the issue that was brought up
with the letter that was submitted, they’re actually reducing the occupancy on these homes but
the parking situation in that neighborhood is difficult. It's difficult because of the university,
university staff park there every day as well as students. Because Prestige is fortunate enough
to own the surrounding properties within the same commercial zone it will allow them an
exception to convert these back to single family and use the other buildings to meet the parking
requirements. He is confident that they will meet those parking requirements but for some
reason if staff comes up with some things that his legal staff cannot see then they'll just leave it
as a duplex and will lease them out as they see fit according to the rental permit. Oliveira noted
his company is putting a lot of money to try to fix these houses up, they could tear them down ,
but that would not be good for the neighborhood. These homes would make nice single-family
rentals, they're easier to manage than duplexes, and they get better quality tenants.
Pretorius noted Oliveira mentioned they’ve already done a lot of work to th e property so if the
Board grants this exception to allow the removal of the kitchen and whatnot, is there anything
else as far as rehabilitation of the interior or exterior to be done. Oliveira replied the lady that
owned this building for last two years was moved into a rest home, but she was a hoarder, so
the house was full. There is a tenant that lives in 315 who’s been there a long time but he’s
been given all the proper notices about fixing up the building and converting the inside. They
have gone through all the buildings and painted, patched up, fix the bathrooms, they are just
waiting to do the kitchens based on if there will be one or two kitchens. Their philosophy when
they go through one of these renovations is if they make the rental units nice , the tenants are
nice. There was a lot of original woodwork and the electricity is good, the furnaces are good, it
was just a lot of cleaning up as they had almost $1,000 with the dump fees.
Chrischilles asked if they are planning on any extra exterior improvements. Oliveira stated they
are not going to change the outside, but they'll fix the siding and gutters this spring as those are
things they can’t do during an Iowa winter. So far their focus has been on the inside.
Peter Speltz (Fairchild Street) is a neighbor that just moved here recently and lives on Fairchild
Street and owns rental property on North Gilbert, a very nice single-family home with two
parking spaces and three bedrooms. He walks by those houses every day and they're really
Board of Adjustment
April 13, 2022
Page 8 of 13
beautiful houses so he really hopes they preserve them, and not tear them down. He hopes
whatever the Board can do to help would be great as he would love to see more families move
into the neighborhood. Right now it’s all college kids, like when they tried to r ent their house,
only college kids applied but maybe as a single family, maybe more families will want to move
into the area. He also added the rental permit will handle the parking.
Carlson asked when the house was originally built how many bedrooms did it have. Oliveira
stated the floor plans he submitted is originally how the house was laid out so it will be exactly
like the house when it was built.
Chrischilles closed the public hearing.
Russo noted apparently the writer of this letter just really doesn't understand the intricacies of
what's involved in the offsite parking spaces.
Pretorius agreed, it looks like they're making some assumptions and the Board simply has to go
with the facts that are given to them.
Russo stated however their concern would be his concern as well, that if ownership changes,
that the offsite parking stays with the property.
Pretorius stated it sounds like there will be a covenant where that will be decided, but it sounds
like if he was to sell the property at some point in time to somebody else, and they didn't have
access to that off street parking that it would revert back to three adults.
Chrischilles agreed that's really the crux of the importance if this exception is granted, and if the
additional parking is granted, thus allowing them to do this conversion and go to five bedrooms,
if it's sold and the parking somehow goes away, then it reverts back to occupancy of three
adults. But how the best way to do that is or if it's automatic is where he is confused.
Pretorius noted to her it sounds like the other department and the City are going to come up
with language that specifically states how that will happen.
Chrischilles agrees with some things in this letter but thinks their initial complaint that whether or
not the occupancy in this property of eight is realistic is not relevant, because the City allows
eight. But if this exception goes though then the occupancy will be five and that's a reduction.
Chrischilles wanted to know why the letter writer feels this is poorly impacting the neighborhood
and how does it affect their property, they don't live there, they own and rent the property at 310
North Gilbert, but they're not here to tell us so the Board has to base their decision on the
information they have.
Carlson added one thing, the floor plan looks like a family house, now whether it will be rented
to a family or be rented to students they have no control over that. But there's only one
Board of Adjustment
April 13, 2022
Page 9 of 13
bathroom on each floor, there is not a bathroom for each bedroom, which really pushes directly
to students. Therefore hopefully this rental will be more conducive to actually have a family.
Pretorius recommends approval of EXC22-0002, to convert a two-family (duplex) use to a
detached single-family use for the property 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.
Russo seconded the motion.
Pretorius stated regarding agenda item EXC22-0002 she does concur with the findings set forth
in the staff report of this meeting date, April 13, 2022 and concludes that 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 for the approval of this
exception. Russo seconded the findings of fact.
A vote was taken and the motion passed 4-0.
Chrischilles 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 EXC22-0003:
An 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.
Chrischilles opened the public hearing.
Lehmann noted this obviously will sound pretty similar to the last case so he’ll try to just
highlight the differences rather than go over all the intricacies again. They did require two
special exceptions because they're independent properties that just share a driveway. This
property is just to the north, it's right on the alley. Again, it's surrounded by a mix of uses,
including single family homes, commercial, multifamily, and zoned CB-2 as well. This property is
across the alley from the RNS-12 zoning designation, unlike other property, but otherwise, it's in
similar circumstances. This property was similarly built more than 100 years ago, in terms of
when it was converted into a duplex it was done by at least 1977 based on the earliest rental
permits. This property has a one-bedroom unit on the main floor and then a one-bedroom unit
on the second floor as well. It also has two conforming parking spaces though the rental permit
says that it has four parking spaces so it's grandfathered for four and its rental occupancy is
actually higher than the other property with a total of 10 or five for each unit. Again, it was
determined through that same process whereby non-conforming parking was allocated for rental
properties. Again, it's in the CB-2 zone so that doesn't allow detached single family or duplexes
Board of Adjustment
April 13, 2022
Page 10 of 13
and the applicant would like to convert it back into single family. Because this property actually
has one fewer bedroom, it would be converted to a four-bedroom unit but it would be subject to
that same three person adult occupancy due to the two conforming parking spaces on the site.
Lehmann noted the driveway is approximately long enough to fit three spaces in the driveway
but the other property didn’t have that because it's a narrower driveway on that property and it
gets pretty tight between the buildings. But for the purpose of the exception, it goes back to two
parking spaces so the applicant has requested one offsite parking space, similar to the other
property, and that would let them have four adult occupants, which would equal the number of
bedrooms. In the correspondence staff received, they noted that in the application they actually
requested two parking spaces for this site, but Lehmann believes that that was an error on the
part of the applicant, because based on every conversation he’s had, they want to be able to
have four adult occupants. Lehmann reiterated however that the determination is not really
being considered by this Board.
Lehmann showed some pictures of the property and the submitted proposed floor plan. There
would be three bedrooms on the upper story and one bedroom on the main level. The main
level would also have the living room, the dining room and kitchen.
The Board is charged with approving, approving with conditions, or denying the application
based on facts presented from both specific and general standards. The specific standards
found at 14-4E-5B-2 for a non-conforming use not allowed in the zone had the four specific
criteria. The first is that it's in a structure designed for use not currently in the zone. Again, this
was also constructed as a single-family home and subsequently converted to a duplex. Neither
of those uses are allowed under the current zoning. Second is the proposed use will have a
same or lesser intensity than the existing use. Again, one unit is less than two units and 10
occupants between the two units would be reduced to three adult occupants with two parking
spaces and even with offsite parking the use would still be limited to four which is less than it
currently has. Third, is it a suitable use for the subject structure. Lehmann reiterated it was built
as a single-family home and was converted, so returning it to a single-family home seems
appropriate. Finally, it will not be structurally altered or enlarged in any way. Again, no exterior
changes to the outside of the house are currently proposed. Internally they would convert the
second floor kitchen and living room back in two bedrooms and remove the permanent
separation between dwelling units. Staff does again recommend those be conditions of
approval.
The general criteria found at 14-4B-3A are one, whether it's detrimental to health, safety or
welfare. Again, the same comments as the last application other than it's got an occupancy of
10 in this one with five occupants in each unit and that would be reduced with the conversion.
Second, that it won't injure property in the vicinity and it's changing it back to its original use so
staff anticipates no impacts. Third, that it will not affect development on surrounding properties.
The area is fully developed and there are no physical changes and it complies with the setbacks
in the zone, so staff anticipates no issues. Fourth, that it has all applicable infrastructure, again
it's already developed and there is pedestrian access on the east. Lehmann noted this one does
have a wider driveway access that is shared with the one to the south but because it's wider it
allows easier access to parking at the rear. If these properties were split at any time, the
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April 13, 2022
Page 11 of 13
property to the south would have some issues with access, but this property would not. As far
as the fifth criteria regarding ingress and egress, there are no changes being proposed.
Anticipated traffic is expected to be similar to other single-family houses in Iowa City and it has
two conforming parking spaces. Six, that it meets all other standards in the code. Staff believes
that this criterion is met. And finally, that is consistent with the Comprehensive Plan. This
property is also shown as mixed use and urban commercial like the property to the south and
the zoning is consistent with that, but the zoning code does allow some non -conforming uses to
convert within that zone. The Central Planning District has goals related to maintaining and
improving older housing stock and encouraging reinvestment in residential properties so staff
believes that the conversion meets this criteria until such time as the property is redeveloped if it
ever is.
Staff recommends approval of EXC22-0003, to convert a two-family (duplex) use to a detached
single-family use for the property 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 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.
Lehmann noted as for public comments, this property was also addressed in that same letter,
the only difference that applies to this property that didn't apply to the other one was that
comment about the applicant had requested two off-site parking spaces for this property, but
based on the rental permitting process, they would only be allowed four occupants because
they have four bedrooms and based on conversations with the applicant staff only anticipates
that they would want one off-site space. Staff believes that it’s a non-issue with this proposal.
Mike Oliveira (Prestige Properties) noted 315 is a unique building because it's a little bit different
than the other one, it's a smaller footprint with four bedrooms rather than five. They have
additional offsite parking within 300 feet so there shouldn't be a problem getting this one
approved.
Chrischilles noted in previous exceptions, the Board had stipulations that they build according to
the site plans submitted, does that apply here. Lehmann replied typically, staff recommends
that where there are changes to the site, such as with drive-throughs, but when it comes to
converting a duplex to a single-family house staff did not see a reason to require that.
Oliveira also wanted to address a comment by the speaker in the last item, he made an
interesting comment and because Oliveira also lives in that neighborhood, and invested a lot of
money in converting the 331 North Gilbert back to a single family use, the challenge he has
impressed upon the City Council and some of the Northside Neighborhood people that live there
is if they're going to convert housing stock back to single family, the City needs to have a way to
incent the homeowner to do that, because it's not going to have happen naturally. People ask
why aren’t the single-family people moving back in there, well it's because it's too expensive.
Chrischilles closed the public hearing.
Board of Adjustment
April 13, 2022
Page 12 of 13
Chrischilles wanted to say that if the City goes through another process of assigning occupancy
limits to non-conforming properties, don't hire that same company because it’s crazy how they
came up with those numbers.
Carlson stated the proposed exception will be consistent with the Comprehensive Plan of the
City and also really appreciates that the Central District Plan mentioned to maintain and improve
older housing stock.
Pretorius recommends approval of EXC22-0003, to convert a two-family (duplex) use to a
detached single-family use for the property 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 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.
Carlson seconded the motion.
Pretorius stated regarding agenda item EXC22-0003 she does concur with the findings set forth
in the staff report of this meeting date, April 13, 2022 and concludes that 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 for the approval of this
exception. Chrischilles seconded the findings of fact.
A vote was taken and the motion passed 4-0.
Chrischilles 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 ANNOUNCEMENTS:
Lehmann noted there won’t be May meeting as there are no applications, the next meeting will
be June 8.
Lehmann also announced there are fair housing training sessions that the Office of Equity and
Human Rights in the City are doing, the training is going to be on Wednesday April 20 from
10am to noon. The training will cover best practices, discriminatory advertising, and a couple
things related to fair housing. If interested in attending, let him know.
ADJOURNMENT:
Russo moved to adjourn this meeting, Pretorius seconded, a vote was taken and all approved.
Board of Adjustment
April 13, 2022
Page 13 of 13
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2021 - 2022
NAME
TERM
EXP.
7/14 8/11 9/8 10/13 12/8 3/9 4/13
CHRISCHILLES, GENE 12/31/2022 O/E X X X X X X
PARKER, BRYCE 12/31/2024 X X O X X X O/E
PRETORIUS, AMY 12/31/2023 X X X X X X X
CARLSON, NANCY 12/31/2025 X X X 0/E X X X
RUSSO, MARK 12/31/2021 X X X X X O/E X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member