HomeMy WebLinkAbout2000 Board of Adjustment Decisions94'
0153'70
Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington, Iowa City, IA01,q856-5251
Don ; .__nT7
DECISION
IOWA CITY BOARD OF ADJUSTMENT MEETING 6 PN 3 13
WEDNESDAY, JANUARY 12, 2000 - 5 P.M.
CIVIC CENTER COUNCIL CHAMBERS JOHNSON CCU.' T Y RECORDER
10'17A CITl; IOWA
MEMBERS PRESENT: Lowell Brandt, T. J. Brandt, Kate Corcoran, Dennis Keitel, Michael Paul
MEMBERS ABSENT: None
_N
STAFF PRESENT: Sarah Holecek, Melody Rockwell
D
OTHERS PRESENT: Martin Gaffey, Mark Buell --fl
C7 y� N
7 N 1
SPECIAL EXCEPTION ITEM: r -D ±� m
-
EXC99-0026. Public hearing on an application submitted by Martin GaffeyAbf'a 9'5bcial
exception to permit dwelling units to be established above ground floor commercial uses;ld a
special exception to modify the front yard setback requirement along Scott Boulevard for
property located in the Neighborhood Commercial (CN -1) zone on Lots 176 and 177 on Scott
Court.
Findings of Fact: The Board finds that the proposed second floor apartments will create a
desirable mix of commercial and residential uses in a neighborhood commercial zone. Scott
Boulevard, which is located along the east side of the subject property, has a high level of
vehicular traffic, including large trucks, and the volume of the traffic flow is expected to increase
over time and lead to the widening of the street. The applicant's willingness to redesign the site
plan to minimize the front yard reduction and provide additional landscaping along the Scott
Boulevard frontage will enhance the residential use of the site adjacent to this major arterial
street. The grade and curvature of the Scott Boulevard right-of-way in relation to the subject
property are mitigating factors in allowing a modest front yard reducticn for Lot 176.
The Board finds that a further redesign of the site plan to improve pedestrian access on the site
is an important condition of approval. It is imperative to encourage pedestrian access both
visibly and functionally in this neighborhood commercial zone. The design of the building and
the proposed use of brick for the exterior building material will help ensure the integration of
compatible, aesthetically pleasing structures into this developing neighborhood commercial
area. The proposed development should not negatively affect the surrounding neighborhood or
be injurious to the development of neighboring properties.
Conclusions of Law: The Board concludes that with the conditions of approval, the application
meets the standards for establishing dwelling units above ground floor commercial uses in the
CN -1 zone, as set forth in City Code subsection 14 -6E -2D1. The reduced request for a front
yard reduction meets the criteria for making an exception to an established setback, as set forth
in City Code subsection 14 -6Q -4B. The Board further concludes that the application meets the
general standards for approving a special exception, as set forth in City Code subsection 14-
6W-26.
000159
f
K
Disposition: On a vote of 4-0-1 with T.J. Brandt recusing himself due to potential conflict of
interest, the Board approved EXC99-0026, a special exception to permit five second -floor
apartments to be established on Lots 176 and 177 on Scott Court, and to reduce the front yard
setback requirement for Lot 176 to allow up to a 10% encroachment of the building footprint,
with the north portion of the building extending no more than eight feet into the required front
yard along Scott Boulevard, subject to the applicant submitting a revised site plan showing
improved pedestrian access and additional landscaping. The Board's decision on this item will
not expire for 12 months, or until January 12, 2001.
"I&IPIMM�i]►`F�
This order of the Board shall expire, as specified in the Board's decision, twelve (12) months
from the date of the Board's decision or on January 12, 2001, unless the Applicant shall have
taken action within such time period to establish the use or construct the improvement under
the terms of the Board's order of decision. (City Code subsection 14 -6W -3E)
Board of Adjustment Chairperson /
( City Att rney s e �_ L
STATE OF IOWA )
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 121" day of January 2000.
Dated at Iowa City, Iowa, this a'ci day of January 2000.
ppdadMdetlsloN 1.12d.dm
NOTARIAL SEAL Manan K. Karr, City Clerk
000160
_
Ill
rn
' FEE
0
I l�
N 71
Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 5223fI-,,j19/36rtr5251m
o1861U
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT MEETING
FILYD N0._
WEDNESDAY, MARCH 8, 2000 - 5 P.M.
BO"K 922PAGE_.�
CIVIC CENTER COUNCIL CHAMBERS
00 MAR 24 AM 11: 19
SPECIAL EXCEPTION ITEMS:
JOHNSON COUNTY RECORDER
1. EXC00-0001. Public hearing on an application submitted by
Leo Maske W#AaCljt AWik
exception to permit two principal structures to be placed on separate nonconforming lots for
property located in the Low Density Single -Family Residential
(RS -5) zone at 1021 and
1023 Highland Avenue.
Findings of Fact: The Board finds that neither the existing lots nor the proposed lots meet
the dimensional requirements of the RS -5 zone. The east lot (1023 Highland Avenue) is
proposed to be 66 feet wide so it meets the 60 -foot lot width requirement, but the proposed
6,681 square foot lot area falls short of the 8,000 square foot lot area requirement. The
west lot (1021 Highland Avenue) is proposed to have a lot width of 58 feet and lot area of
5,794 square feet, which are both less than required in the RS -5 zone. However, allowing
the two existing residences to be located on separate, reconfigured lots of record, as
proposed, will bring the situation into a greater degree of conformity with the Zoning
Chapter regulations. No new construction or changes in vehicular access are proposed on
the properties at this time, but if new construction occurs on the lots in the future, the
setback requirements of the RS -5 zone will apply. The Board finds that the proposed
exception will result in the least disruptive solution for the neighborhood as well as the
applicant.
Conclusions of Law: The Board concludes that the application meets the specific standards
to allow two single-family lots to be re-established under the nonconforming lot regulations
provisions of City Code subsection 14 -6T -5D. Although the new lots will not meet the lot
area requirements and the west lot does not meet the lot width requirement, the Board
concludes that the specific requested exception will result in appropriate, compatible
development with surrounding residential development, the proposed lots are greater than
40 feet in width and the request meets all the requirements of the Zoning Chapter, including
setback and frontage requirements. The proposed exception meets the spirit and intent of
this provision of the ordinance. The Board further concludes that the application satisfies
the general standards for special exception review, as specified in City Code subsection 14-
6W -2B.
Disposition: On a vote of 3-0, the Board approved EXC00-0001, a special exception to
allow the lot split proposed to be platted as Auditor's Parcels 99107 and 99108, as shown
on the site plan submitted by Landmark on February 10, 2000, for property located in the
RS -5 zone at 1021 and 1023 Highland Avenue/Lots 1 & 2, Block 8, Sunnyside Addition,
Iowa City, Iowa.
[Board members Lowell Brandt and Kate Corcoran arrived at the meeting.]
00012'7
2
2. EXC95-0011. Public hearing on an application submitted by the Church of Jesus Christ of
Latter Day Saints for a special exception to expand a religious institution use for property
located in the Low Density Single -Family Residential (RS -5) zone at 503 Melrose Avenue.
Findings of Fact: The Board finds that the church has clearly shown its willingness to work
with its neighbors to resolve parking congestion problems along Lucon Drive, a narrow
private street. The church has taken on a proactive role in notifying those using the facility
of the parking prohibition on Lucon Drive and monitoring parking associated with events at
its facility. The church has further alleviated parking spillover situations by purchasing
additional parking from the University of Iowa. In addition, the church has gone beyond
what could reasonably be required in its cooperative efforts with the Sprout House, a
University daycare, to reduce its parking spillover situation along Lucon Drive. It is evident
that the church has improved its communication with its residential neighbors. The
neighbors' kind words at the public hearing underscore that the church has exhibited due
diligence in addressing concerns about parking along Lucon Drive. With the condition of
approval to continue these efforts, the situation should remain positive.
Conclusions of Law: The Board concludes that the applicant has more than adequately
addressed the parking situation associated with the congregational worship on the church's
property along Lucon Drive. The technical requirements for congregational worship and the
specific standards for expanding a religious institution, as specified in City Code subsection
14-6L-10, continue to be met. The general standards for granting a special exception, as
specified in City Code subsection 14 -6W -2B continue to be satisfied. The Board concludes
that its September 8, 1999 decision to allow congregational worship at the religious institute
facility should be upheld.
Disposition: On a vote of 5-0, the Board upheld EXC95-0011, the September 8, 1999,
Board of Adjustment decision to allow congregational worship as part of the religious
institution use for property located in the RS -5 zone at 503 Melrose Avenue, subject to the
Church of Jesus Christ of Latter Day Saints continuing its practice of monitoring, notification
and providing alternative parking to prevent spillover parking on Lucon Drive during the use
of its facility for congregational worship.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
under the terms of the Board's order of decision. (City Code subsection 14 -6W -3E) o
Lowell Brandt, Board of Adjustment Chairperson n w Fnv s'
co
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment decision herein is a true and correct copy of the decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8`" day of March, 2000.
Dated at Iowa City, Iowa, this day of March 2000.
ppdadmin\decision\B0A3-8.doc
MarNR K. Karr, City Clerk
CORPORATE SEAL
000129
_
O�
G^
N
O
O
Cl/
m
D
;
`• FILED NO.--
CP 000M r A,rr. C
�� OOJ—AH11:03
JOIiNSON C CITY IOWA RRER
Prepared by: John Yapp, Associate Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/3565247
DECISION
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, MAY 10, 2000 - 5 P.M.
O
o
CIVIC CENTER COUNCIL CHAMBERS
iE0
c
MEMBERS PRESENT: Lowell Brandt, T.
J. Brandt, Kate Corcoran, Dennis Keite
N
(—
MEMBERS ABSENT: Michael Paul
STAFF PRESENT: Sarah Holecek, John
Yapp D
N
OTHERS PRESENT:
SPECIAL EXCEPTION ITEMS:
EXC00-0005. Public hearing on an application submitted by Albertson's Inc. for a special
exception to permit a drive-through pharmacy in the Community Commercial (CC -2) zone
for property located at 2425 Muscatine Ave.
Findings of Fact: The Board finds that the proposed drive-through facility is separated from
surrounding pedestrian and vehicular use areas. Closing two of the four access points to
the property will help improve overall ingress and egress and should reduce congestion on
surrounding streets. The use of the drive-through facility is compatible with surrounding
commercial properties. The Board finds there is adequate stacking area for a pharmacy
drive-through use. Moving the proposed Osco building five to seven feet to the south will
help free up more stacking space for vehicles using the drive-through facility and will allow
for increased area of landscaping along Muscatine Avenue to help screen the drive-through
facility. The Board feels the canopy and landscaping design, which are not yet finalized,
should be approved by the Director of Planning and Community Development prior to a
building permit being issued. This will help ensure that the canopy and landscaping design
are compatible with surrounding properties.
Conclusions of Law: The Board concludes that the application meets the standards to allow
an auto and truck oriented use in the CC -2 zone as permitted in City Code Subsection 14-
6E -5D(1). The Board concludes that the drive-through pharmacy facility design allows for
separation from other vehicular and pedestrian traffic, includes adequate vehicle storage
area, and is compatible with surrounding properties. The Board further concludes that the
application satisfies the general standards for special exception review as specified in City
Code Subsection 14 -6W -2B.
Disposition: On a vote of 4-0 the Board approved EXC00-0005, a special exception for a
drive-through pharmacy facility, for the retail pharmacy use at 2425 Muscatine Avenue,
subject to the retail building being shifted five to seven feet to the south to provide additional
stacking space and landscaped area, and the Director of Planning and Community
Development approving the drive-through canopy design, and the landscaping along the
Muscatine Avenue frontage and drive-through facility, prior to a building permit being
issued. 000254
2
2. EXC00-0004. Public hearing on an application submitted by S&J Development for a Special
exception to establish a club in the Rural Residential (RR -1) zone for propeQlocate l;west
of the Lakeshore Drive and Phoenix Drive intersection. y n c
Findings of Fact: The Board finds that the proposed use of club in the RR -1 zoqe meets the—
specific standards in the City Code. The Board feels the club should be ar� Asset,�o the I I
neighborhood, and potential traffic problems will be minimized with the, dition= th;U
membership be limited to members of the Country Club Estates' homeowner'atsotbtion.
The 2.41 acre size of the club and the yard setbacks are large enough for-fhe clublo be
buffered from surrounding residential properties. The Board feels that the final design of the
facility, such as the parking layout, screening, lighting and access should be reviewed by
the Director of Planning and Community Development prior to a building permit being
issued, to help ensure the facility is compatible with surrounding residential properties.
Conclusions of Law: The Board concludes that the application meets the specific standards
to allow a club in the Rural Residential zone as set forth in City Code Subsection 14 -6L -IE.
The lot size is over 40,000 square feet, there are minimum 30 -foot front and side yards and
a 50 -foot rear yard, parking is not closer than 20 feet to a side or rear lot line, and the facility
is less that than the maximum floor area ratio of 0.3 and the maximum building coverage of
15%. The Board concludes that with the condition that membership to the club is limited to
members of the surrounding homeowners association, potential traffic problems will be
minimized. The Board further concludes that the application satisfies the general standards
for a special exception, as specified in City Code Subsection 14 -6W -2B.
Disposition: By a vote of 4-0 the Board approved EXC00-0004, an application for a special
exception to permit a club on approximately 2.41 acres of property located within the RR -1
zone, west of Lakeshore Drive, subject to 1) membership in the club being limited to
members of the Country Club Estates homeowners' association as specified by the
Applicant; and 2) the final design of the facility including issues such as parking layout,
screening, lighting and access being subject to review and approval by the Director of
Planning and Community Development prior to the issuance of a building permit.
3. EXC00-0007. Public hearing on an application submitted by Christoper Streeper for a
special exception to reduce the setback for an accessory building (a shed) from three feet
to one -foot for property located at 900-998 Westside Drive.
Findings of Fact: The Board finds that the 3.33% encroachment of the shed into the rear
yard is minimal, the yard modification will not increase population density, and granting the
exception should not be detrimental to the neighborhood. Moving the shed out of the
required setback area would either result in damage to surrounding evergreen trees, or
would occupy parking used by condominium residents. The Board finds that the situation
that resulted in the initial complaint about the shed, that being yard waste and trash being
piled adjacent to the shed spilling onto adjacent property, has been cleaned up and has not
reoccurred. The Board notes that the adjacent property owner who complained about the
yard waste and trash piling is not against the shed being where it is. The Board feels that
the property is peculiar in that it is at the top of a slope and surrounding property at the
bottom of the slope is not directly affected by the shed being one -foot off the property line.
Conclusions of Law: The Board concludes that the application to reduce the setback
requirement from three feet to one -foot along the ten -foot length of an accessory building, a
shed, meets the standards for a yard modification as set forth in City Code Subsection 14-
6Q. The shed, given its setting being surrounded by vegetation and trees, and being at the
top of a slope, will not disrupt or impede activities on adjacent properties. The Board further
concludes that the application satisfies the general standards for special exception review,
as specified in City Code Subsection 14 -6W -2B.
000261
Disposition: On a vote of 4-0 the Board approved EXC00-0007, a special exception to allow
a setback reduction from three feet to one foot along the ten -foot length of a shed at the
rear of the Westridge Condominium Association property at 900-988 Westside Drive.
TIME LIMITATIONS:
All orders of the Board which do not set a specific time limitation on Application action, shall
expire six months from the date they were filed with the City Clerk unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
under the terms of the Board's order of decision. (City Code subsection 14 -6W -3E)
✓Board of Adjustment Chairperson
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the ye, day of jaRwaFy 2000.
Dated at Iowa City, Iowa, this s_7 day of dermM 2000.
Maria C. Karr, City Clerk
ppdadmldeasion boa5-10d. dm
CORPORATE SEAL
oti
Sn �
-i
r r
v
000266
�LO % rtt
Prepared by: John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356- 4 j �����90
fNo No.
DECISION E 00' �� / P� rc -
IOWA CITY BOARD OF ADJUSTMENT 00 L 17 0 2:42
WEDNESDAY, JUNE 14, 2000-5 P.M. 0
CIVIC CENTER COUNCIL CHAMBERS 10HI66CDUMk t,EC0R0ER
4V3k-,CIT 0Y"
MEMBERS PRESENT: Lowell Brandt, Dennis Keitel, Kate Corcoran, Mike Paul
M
MEMBERS ABSENT: T,J. Brandt
STAFF PRESENT: John Yapp, Ben Champ, Karmin Bradbury, Le Ann Dunne-Tysolyi �
OTHERS PRESENT: Rodney Anderson, William Buss, Suzanne Erenburger, Gerry Ambrose,
Joel Erenburger, Bob Downer, Rex Brandstatter, Christopher Dyer, Donna Durea
SPECIAL EXCEPTION ITEM:
1. EXC99-0026. Public hearing on an application submitted by Marty Gaffey for a six-month
extension of a January 12, 2000 Board decision approving a special exception to permit
dwelling units to be established above ground floor commercial uses and modify the front
yard setback requirement along Scott Boulevard for property located in the Neighborhood
Commercial (CN -1) zone on lots 176 and 177, Scott Court.
Findings of Fact: The Board finds that the request for a six month extension of a January 12,
2000 Board decision to July 25, 2001 is reasonable. Construction on part of the site has
begun, and it is unlikely neighborhood conditions or the zoning code will change in the near
future to the extent that the special exception request would be unreasonable.
Conclusions of Law: The Board concludes the request to extend the January 12, 2000
decision to July 25, 2001 meets the general special exception standards as specified in City
Code subsection 14 -6W -2B.
Disposition: By a vote of 4-0, the Board approved six month extension of EXC99-0026, a
special exception to permit dwelling units to be established above ground floor commercial
uses and modify the front yard setback requirement along Scott Boulevard for property
located in the Neighborhood Commercial (CN -1) zone on lots 176 and 177, Scott Court, to
July 25, 2001.
2. EXC00-0008(a) Discussion of an application submitted by Gerry Ambrose for a Special
Exception for a front yard reduction to allow commercial parking within fifty feet of a
residential zone for property in the Community Commercial (CC -2) zone located at 850
Orchard Street.
Findings of Fact: The Board finds that allowing a reduction in the required front yard to allow
commercial parking within fifty feet of a residential zone is a reasonable use of this property.
The situation is peculiar because the zoning boundary runs down the center of the Orchard
Street right-of-way, and therefore commercial parking along the Orchard Street frontage is
within fifty feet of the residential zone across the street. The Board feels allowing additional
commercial parking in this area will minimize the potential for commercial parking to spill
over onto residential streets. The Board finds the highest and best use of the property is to
allow for commercial parking to support the commercial businesses on the property. The
Board feels the required screening of the parking areas will be adequate to screen car
000423
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 2
headlights. The walkway to connect the parking lot to the building at 850 Orchard Street will
improve pedestrian accessibility in the area.
Conclusions of Law: The Board concludes that the application meets the standards for
modifications of yard requirements as enumerated in City Code subsection 14 -6Q -4B. The
Board concludes the required screening will ameliorate the impact of the yard reduction,
and because allowing commercial parking within fifty feet of a residential zone will alleviate
the potential for spill-over parking on nearby residential streets, it is in the interests of justice
to grant the special exception. The Board further concludes that the application satisfies the
general standards for special exception review as specified in city code subsection 14 -6W -
2B.
Disposition: By a vote of 4-0, the Board approved EXC00-0008(a), a Special Exception for a
front yard reduction from 20 feet to 5 feet to allow commercial parking within fifty feet of a
residential zone for property in the Community Commercial (CC -2) zone located at 850
Orchard Street, subject to a walkway being provided from the parking area to the building
entrance at 850 Orchard Street.
3. EXCOO-0008(b) Discussion of an application submitted by Gerry Ambrose for a Special
Exception for a front yard reduction to allow commercial parking within fifty feet of a
residential zone for property in the Community Commercial (CC -2) zone located at 950
Orchard Street.
Findings of Fact: The Board finds that allowing a reduction in the required front yard to allow
commercial parking within fifty feet of a residential zone is a reasonable use of this property.
The situation is peculiar because the zoning boundary runs down the center of the Orchard
Street right-of-way, and therefore commercial parking along the Orchard Street frontage is
within fifty feet of the residential zone across the street. The Board feels allowing additional
commercial parking in this area will minimize the potential for commercial parking to spill
over onto residential streets. The Board finds the highest and best use of the property is to
allow for commercial parking to support the commercial businesses on the property. The
Board feels the required screening of the parking areas will be adequate to screen car
headlights.
Conclusions of Law: The Board concludes that the application meets the standards for
modifications of yard requirements as enumerated in City Code subsection 14 -6Q -4B. The
Board concludes the required screening will ameliorate the impact of the yard reduction,
and because allowing commercial parking within fifty feet of a residential zone will alleviate
the potential for spill-over parking on nearby residential streets, it is in the interests of justice
to grant the special exception. The Board further concludes that the application satisfies the
general standards for special exception review as specified in city code subsection 14 -6W -
2B.
Disposition: By a vote of 4-0, the Board approved EXCOO-0008(b), a Special Exception for a
front yard reduction from 20 feet to 5 feet to allow commercial parking within fifty feet of a
residential zone for property in the Community Commercial (CC -2) zone located at 950
Orchard Street.
000424
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 3
4. EXC00-0010 Discussion of an application submitted by Christian Retirement Services, Inc.
for a special exception to permit off-street parking on a separate lot in a different zone in the
Low Density Multi -Family (RM -12) zone located at 703 Benton Court.
Findings of Fact: The Board finds that it is appropriate in this instance to allow parking on a
separate lot in a different zone for parking associated with elderly housing. Because the
parking lot is at the end of a dead-end street, area pedestrian and vehicular circulation will
not be affected by granting the special exception request to allow the parking lot on a
separate lot. By not granting the special exception, vehicles that would use the parking lot
would be forced to use surrounding residential streets. The Board finds the evergreen
screening currently in place on the sides and rear of the property is adequate to screen the
parking area from surrounding residential uses. However, the Board finds that the required
front yard should be re-established to minimize negative externalities associated with the
use of the property as a parking lot.
Conclusions of Law: The Board concludes the application meets the standards to allow off-
street parking on a separate lot in a different zone from the principle use as enumerated in
City Code subsection 14 -6N -1C. The principle use, an elderly housing facility, is in the
High -Density Multi -Family (RM -44) zone, and the parking area is in the Low Density Multi -
Family (RM -12) zone, both multi -family zones. Because the parking area is located at the
end of a dead-end street, pedestrian and vehicular circulation should not be affected by
granting the special exception request. The Board further concludes that the application
satisfies the general standards for special exception review as specified in city code
subsection 14 -6W -2B if the required front yard is re-established.
Disposition: By a vote of 4-0, the Board approved EXC00-0010, a special exception to
permit off-street parking associated with elderly housing to be located on a separate lot in
the Low Density Multi -Family (RM -12) zone located at 703 Benton. Court, subject to the
removal of off-street parking in the required front yard to re-establish the required front yard.
4. EXC00-0011 Discussion of an application submitted by Hannah's Blessing's Child Care
Center, for a special exception to permit a Child Care Center in the High Density Single -
Family Residential (RS -12) zone located at 950 Dover Street.
Findings of Fact: The Board finds the use of a child care center on a portion of the property
at 950 Dover Street is an excellent use of the property. The bottom floor of the property
already is divided up into classrooms, and there is adequate parking on the site and
adequate area for dropping off and picking up children. With the condition that a sidewalk
be constructed from the Muscatine Avenue sidewalk to the site entrance, pedestrian
accessibility be improved. With additional curbing being required along the west edge of
the parking lot, the parking lot area will be made safer for the dropping off and picking up of
children, and drainage off the property will be improved. The Board finds the site is able to
meet the requirements for child care centers.
Conclusions of Law: The Board concludes the application meets the specific standards for a
child care center, as enumerated in City Code subsection 14 -6L -1D. There is adequate
area on the property to provide at least one hundred square feet of play area per child, and
adequate area inside the building to provide at least thirty-five square feet of interior play
000425
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 4
area. There is an area on the west side of the building for dropping off and picking up
children, so children will not be crossing and parking area to reach the building entrance.
The Board further concludes that the application satisfies the general standards for special
exception review as specified in city code subsection 14 -6W -2B.
Disposition: By a vote of 4-0, the Board approved EXC00-0011, a special exception to
permit a child care facility to be established in the High Density Single -Family (RS -12) zone
located at 950 Dover Street, subject to the site meeting parking area screening
requirements, subject to construction of a sidewalk in the Dover Street right-of-way from
Muscatine Avenue to the property entrance, and subject to a curb being installed along the
west side of the parking area from it's existing terminus to the northwest corner of the
parking area.
5. EXC00-00012 Discussion of an application submitted by Victory Temple Apostolic Church
of God, for a special exception to permit a Church in the High Density Single -Family
Residential (RS -12) zone located at 950 Dover Street.
Findings of Fact: The Board finds the building and site is appropriate for a religious
institution use. The site was originally developed as a religious institution, and there is
adequate parking for vehicles. The site has direct access to a collector street and nearby
access to an arterial street. By requiring a sidewalk from the Muscatine Avenue sidewalk to
the property entrance, pedestrian accessibility to the site will be enhanced. The Board finds
that by requiring a curb to be constructed along the west edge of the parking area, vehicular
safety will be improved and drainage off the parking lot will be better directed. The lot size
of 2.42 acres is adequate to support the intensity of activities associated with a religious
institution.
Conclusions of Law: The Board concludes that the application meets the standards for a
special exception to permit a religious institution as enumerated in City Code subsection 14-
6L -1O. The property has access to a collector street, Dover Street. The property, being
2.42 acres in size, meets the minimum lot size requirement of 40,000 square feet. The
Board further concludes that the application satisfies the general standards for special
exception review as specified in city code subsection 14 -6W -2B.
Disposition: By a vote of 4-0, the Board approved EXC00-0012, a special exception to
permit a religious institution use to be established in the High Density Single -Family (RS -12)
zone located at 950 Dover Street, subject to the site meeting parking area screening
requirements, subject to construction of a sidewalk in the Dover Street right-of-way from
Muscatine Avenue to the property entrance, and subject to a curb being installed along the
west side of the parking area from it's existing terminus to the northwest corner of the
parking area.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire
six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have
taken action within such time period to establish the use or construct the improvement authorized
under the terms of the Board's order of decision. City Code Section 14-413-5E, City of Iowa City,
000426
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 5
Iowa.
Lowell Brandt, Chairperson
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 6/ day of 2000,
as the same appears of record in my Office.
Dated at Iowa City, this day of 2000.
Mari n -K. Karr, City Clerk
Shared/boafles/decisions
CORPORATE SEAL
00042'7
Prepared by John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5247 0�, i) l�r� �4
FILED NO.
DECISION POOK�a%�Cr AO -
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 12, 2000-5 P.M. \� 00 AUG I I PM I: 20
CIVIC CENTER COUNCIL CHAMBERS ONN5011 COUNTY RECORDER
MEMBERS PRESENT: Lowell Brandt, Dennis Keitel, Kate Corcoran, T.J. Brandt IOWA CITY. IOWA
MEMBERS ABSENT: Mike Paul
STAFF PRESENT: John Yapp, Sarah Holecek, Le Ann Dunne -Tyson, John Bovey O o
OTHERS PRESENT: James Bryant, David Baculis, James Martinek
SPECIAL EXCEPTION ITEM: o (—
M
1. EXCOO-0013. Public hearing on an application submitted by David and Deborah, Noel%r aQ
special exception to permit a reduction in the required front yard to allow an addifion 18 be
constructed to the property in the Medium Density Single -Family (RS -8) zone located 6t719
Page Street.
Findings of Fact: The Board finds there will not be a detriment or danger to the neighborhood
by granting the special exception request. Because much of the house already encroaches
into the required setback, there is no feasible alternative to increasing the living area without
further encroaching into the required setback. However, the Board feels this proposed
addition will be a positive addition to the neighborhood. The Board finds that many other
homes on the street and in the neighborhood also encroach into the required setback, so the
addition to the home at 719 Page Street will not be out of character for the neighborhood. The
Board finds the interests of justice will be served by granting the special exception request.
Conclusions of Law: The Board concludes that the application to reduce the setback
requirement from twenty feet to twelve feet along the twelve -foot width of an addition meets
the standards for a yard modification as set forth in City Code subsection 14-6Q. The Board
further concludes that the application satisfies the general standards for special exception
review, as specified in City Code subsection 14 -6W -2B.
Disposition: By a vote of 4-0, the Board approved EXC00-0013, a special exception for a
front yard reduction from twenty feet to twelve feet along the twelve foot width of the proposed
addition to the home at 719 Page Street.
2. EXC00-0014. Public hearing on an application submitted by Regina Catholic Education
Center for a special exception to permit a 71' x 40' addition to the property in the Low
Density Single -Family Residential (RS -5) zone for property located at 2150 Rochester
Avenue.
Findings of Fact: The Board finds the proposed addition of a 71' x 40' weight room facility to
the Regina school building will not have a negative impact on the surrounding
neighborhood, and in fact should not be visible from most of the surrounding neighborhood.
While the proposed addition will reduce the availability of off-street parking on the property
by ten spaces, the property will continue to meet minimum parking requirements set by the
000"750
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JULY 12, 2000
Page 2
City Code. The Board notes that with the addition being built adjacent to and connected to
the school building, students will not need to cross any parking area to get to the proposed
weight room. Because the Regina property is so large, approximately 41 acres, any
potential impacts of the addition on the property are further mitigated.
Conclusions of Law: The Board concludes the application to expand a religious institution
use to construct a 71' x 40' addition on the Regina Catholic Education Center property
meets the specific requirements for a religious institution use as set forth in City Code
subsection 14-6L-10 The proposed addition meets the setback requirement, the property is
located on an arterial street, and the property size is approximately 41 acres, well ov4l�the
minimum 40,000 square feet size specified in the City Code. The Board further-9Dnc9des
that the application satisfies the general standards for special exception review, aslpeg ied
in City Code subsection 14 -6W -2B. — -
-, o
n jTi
Disposition: By a vote of 4-0, the Board approved EXC00-0014, an applicatiorC -ii sial
exception to expand a religious institution use to construct a 71' x 40' ation ai'Ahe
northwest side of the Regina building located at 2150 Rochester Avenue. .0
3. VAR00-0002. Public hearing on an application submitted by David and Karen Baculis for a
variance to the use requirements of the Industrial, 1-1, zone to permit a residence to be
established on property in the Industrial, 1-1 zone located at 2122'/: S. Riverside Drive.
Findings of Fact: Some members of the Board find that the situation is unique in that the
property was zoned Industrial in 1983 as part of a city-wide rezoning, not at the property
owners request. It was further noted that the current character of the property is residential,
and there are other residential uses surrounding this property. Several members of the
Board find there will be some hardship to the owner of the mobile home, who will need to
move to another location if the variance is not granted. Additionally, some Board members
find that because the structure that was demolished had to be demolished due a tree falling
and damaging the structure, there is hardship to the property owner if he cannot replace the
demolished structure with a residence. However, other Board members find that because
the property is zoned industrial, and the property owner knew the property is zoned
industrial, the appropriate action is to allow for the phasing out of residential uses through
attrition, and allowing the establishment of new residential uses defeats that purpose.
Lastly, some Board members felt the test of the variance not being of the landowners own
making was not met because the property owner knowingly placed a new residence on the
property when he knew it was zoned Industrial.
Conclusions of Law: The Board failed to conclude the application for variance to allow the
continuation of a residential use on the property at 2122 '/z met the specific standards
required for a variance request. A majority of the Board did not agree that the property and
the situation met all three tests for a variance, including the reasonable return, the situation
not being of the landowners own making, and the uniqueness test, as specified in City Code
subsection 14 -6W -2C. Furthermore, a majority of the Board did not agree that approving
the variance request would not be contrary to the public interest or the intent of the zoning
ordinance, the standards for which are also set forth in City Code subsection 14 -6W -2C.
Disposition: By a vote of 2-2, with Lowell Brandt and T.J. Brandt voting in the negative, the
0004751
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JULY 12, 2000
Page 3
Board failed to approve VAR00-0002, an application submitted by David and Karen Baculis
for a variance to the use requirements of the Industrial, 1-1, zone to permit the continuation
of a residential use established on the property in the Industrial, 1-1, zone located at 2122'/
South Riverside Drive.
By a vote of 4-0, on a motion by T.J. Brandt and seconded by Lowell Brandt, the Board
agreed to reconsider VAR00-0002 at the August 16 Board meeting when all five Board
members planned to be present. 0
�n z
CD
TIME LIMITATIONS: _ Q
ccs
All orders of the Board, which do not set a specific time limitation on Applicant action zll eXpire
six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have
taken action within such time period to establish the use or construct the improvement authorized
under the terms of the Board's order of decision. City Code Section 14 -4B -5E, City of Iowa City,
Iowa.
I
24, e
rLowell Brandt, Chairperson
STATE OF IOWA
JOHNSON COUNTY
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 62 day of 2000,
as the same appears of record in my Office.
Dated at Iowa City, this /G �'` day of 2000.
Mahan K. Karr, City Clerk
Shared/boafilesfjulydec CORPORATE SEAL
000752
101.
JU923'7
FILED NO.,
I0101113uls +o--
00 NG 1' 14 PM 2: 20
IOHNSON CCUNTY RECORDER
IMVA CITY, IOWA
Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 11, 2000 — 5 P.M.
CiVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Lowell Brandt, Dennis Keitel, Kate Corcoran, Mike Paul `r
MEMBERS ABSENT: T. J. Brandt
_ w i—
STAFF PRESENT: Scott Kugler, Karen Howard, Le Ann Dunne -Tyson'
OTHERS PRESENT: Steve Rohrbach, Dolores Krotz
SPECIAL EXCEPTION ITEM:
1. EXC00-00018. Public hearing on an application submitted by Mercy Hospital for a special
exception to permit a reduction of the required front yard from 40 feet to 20 feet for property
located in the Commercial Office (CO -1) zone at 269 N. First Avenue.
Findings of Fact: The Board finds this situation is peculiar due to the unusually long frontage
along First Avenue that exists between Rochester Avenue and Court Street, incorporating
several different zones and resulting in a setback requirement that is twice as deep as that
typically required within the CO -1 zone. The Board feels that there is practical difficulty in
achieving appropriate access to this property in a manner that preserves roadway capacity
along First Avenue, an arterial street, if the exception is not granted. Parking on this lot would
still be set back as far or farther than other commercial properties in this vicinity, and will be
substantially screened and softened by landscaping. Parking within 20 feet of the right-of-way
will not be injurious to nearby properties.
Conclusions of Law: The Board concludes that the applicant's request to modify the front yard
to permit parking within 20 feet of the First Avenue right-of-way meets the specific standards
of uniqueness and practical difficulty as specified in City Code subsection 14 -6Q -4B, which
sets forth the criteria for granting exceptions to required yards. The Board further concludes
that the installation of parking within 20 feet of the right-of-way will be consistent with the
general standards for granting a special exception, as set forth in subsection 14 -6W -2B.
Disposition: By a vote of 4-0, the Board approved EXC00-00018, a special exception to
reduce the required front yard from 40 feet to 20 feet for property located in the CO -1 zone
at 269 N. First Avenue.
000210
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 2
2. EXC00-00016: Public hearing on an application submitted by Lawrence Fountaih. andicki,--�
Krotz for a special exception to permit a reduction of the required front yardTrom 20 to 13
feet along Ginter Avenue for the length of the dwelling unit for property located jrl the -Low
Density Single Family (RS -5) zone at 1108 Marcy Street.
Findings of Fact: The Board finds that reducing the front yard setback from 20 feet to 13.
feet along Ginter Avenue for the length of the dwelling unit is reasonable in effect as long as
the structural changes made to the dwelling unit are brought into compliance with other City
Code requirements. The Board finds that this situation is peculiar because the original
dwelling was built 13 feet from the street right of way and is legally nonconforming with
regard to the 20 -foot setback requirement. While the entryway addition, built flush with the
front facade of this original dwelling, also extends into the required front yard, it does
provide some public benefit by making the entrance to the dwelling unit clearly visible from
the street. The Board finds that the entryway addition does not cause crowding on the lot or
reduce the privacy of neighboring properties because there is a large yard and landscaping
that separates 1108 Marcy from the neighboring property to the east. Since the entryway
does not protrude any further into the setback than does the original dwelling the
relationship between this dwelling and other dwellings across and along Ginter Avenue has
not changed. Due to the dissimilar size and orientation of lots along this block of Ginter
Avenue, the Board finds that a reduction in the front yard at 1108 Marcy Street will not have
the effect of making the dwelling unit appear out of character with other dwellings or
negatively impact the continuity of the streetscape.
Conclusions of Law: The Board concludes that the applicants' request to reduce the front
yard setback meets the specific standards of uniqueness and practical difficulty as specified
in City Code subsection 14 -6Q -4B, which sets forth the criteria for granting modifications to
yard requirements. The Board further concludes that subject to the applicants meeting all
other City Code requirements for structural changes made to the dwelling unit since 1983,
the application satisfies the general standards for special exception review as specified in
City Code subsection 14 -6W -2B.
Disposition: By a vote of 3-1, the Board approved EXC00-00016, a Special Exception for a
front yard reduction from 20 feet to 13 feet for the entire length of the dwelling unit along
Ginter Avenue for property in the Low Density Single Family (RS -5) zone located at 1108
Marcy Street, subject to the applicants meeting ail other City Code requirements necessary
to obtain valid building permits for any structural changes made to the dwelling unit since
1983.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire
six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have
taken action within such time period to establish the use or construct the improvement authorized
under the terms of the Board's order of decision. City Code Section 14-413-5E, City of Iowa City,
Iowa.
0002,11
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY JUNE 14, 2000
Page 3
Lowell Brandt, Chairperson
,. - : 0
i
STATE OF IOWA )
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the IL day of 2000,
as the same appears of record in my Office.
Dated at Iowa City, this %3 day of 2000.
Malan K. Karr, City Clerk
Shared/boafiles/decisions
000212