Opening Statement the Board of Adjustment Is a Quasi-Judicial

Opening Statement

The Board of Adjustment is a Quasi-Judicial Board appointed by the Mayor and City Council. The Board is not part of City Administration and is governed by both City and State Codes and Ordinances. The Board is made up of five members. The Chair cannot make a motion but has a vote. There must be three (3) affirmative votes to pass. No motion made by the Board will be the same as a denial. If all five members are not present petitioners have the right to ask for their case to be tabled until the next scheduled meeting, but there is no guarantee of a full board next month. The Board is empowered to vary the regulations of the Zoning Ordinance in harmony with its general purpose and intent where the Board makes Finding of Fact that there are practical difficulties or unnecessary hardships may prevent carrying out the literal provisions of the Ordinance.

The Board reviews Conditional Use requests and considers the following:  Is the requested use consistent with the intent and purpose of the Ordinance and with the Comprehensive Plan;  Will the use have a substantial adverse effect upon adjacent property and the character of the neighborhood, and;  Will the proposed use be compatible with the immediate neighborhood? The Board also reviews Variance requests. A Variance request should only be granted if the Petitioner establishes that an unnecessary hardship will result if the Zoning regulations are enforced. There are seven criteria for actions on a Variance which are to be addressed in variance applications including:  Unique Circumstances;  Not exclusively for financial gain;  Hardship not self-created;  Substantial rights denied;  Not a special privilege;  Not detrimental, and;  No other remedy. A general rule of thumb is that a Variance should prevent a hardship and not grant a special privilege not available to other landowners in a similar situation.

“Unnecessary Hardship” mean the land in question cannot yield a reasonable return if used only for the purpose allowed in that zone; the issue in question is due to unique circumstances and not to the central conditions of the neighborhood; the hardship must not be self-created; and the use authorized by the Variance will not alter the essential character of the locality.

As a Board of the City, all testimony is welcome. Decisions are based on the facts and evidence allowed under City Code. The Chairperson will introduce your case and City staff will provide details regarding the request. The Petitioner will then be asked to come forward to present your case so your testimony can be heard and recorded. Please give your name and address for the record. If the proceedings become lengthy, testimony may be limited by the Chair to new facts or evidence not already presented. Objectors will then have an opportunity to address the Board. Objectors shall state name and address for the record, and then state objections/concerns. The Chair will then call for any Board questions or discussion. Final summaries and additional comments may then take place. Based on a motion and a second the Chair will then call for a vote. If your Variance is approved, please understand that you may still have to comply with other regulations and codes, such as applicable Building Codes. Please visit with the Development Services Department Official for any clarifications. Today there are ? (need 3 or more) Board members present. We have a quorum.

Development Services Department 500 15th Avenue SW Cedar Rapids Iowa 52404 Office: (319) 286-5806 [email protected]

BOARD OF ADJUSTMENT AGENDA May 8, 2017 @ 3:00 PM 101 1st Street SE – Council Chamber Third Floor

New Business

Item I COND-024557-2017 618 14th Avenue SW (Conditional Use) Consideration of a Conditional Use request a communication tower in an I-1, Light Industrial Zone District as requested by First American Site Acquisition (Applicant).

Case Manager: Dave Houg

Item II COND-024575-2017 2355, 2517, 2519 16th Ave SW (Conditional Use) Consideration of a Conditional Use request outdoor storage and building material sales in a C-3 Regional Commercial Zone District as requested by Brain Engineering (Applicant).

Case Manager: Dave Houg

Item III COND-024619-2017 1654 27th Street NW (Conditional Use) Consideration of a Conditional Use request for a daycare center in a/an R-2, Single Family Residence Zone District as requested by Heather Deppe (Applicant).

Case Manager: Dave Houg

Item IV VAR-024679-2017 175 Thompson Drive SE (Variance) Consideration of a Variance request for reduced rear yard setback in an R-1, Single Family Residence Zone District as requested by Bethany Lutheran Church (Applicant).

Case Manager: Dave Houg

Item V VAR-024746-2017 1210 B Avenue NW (Variance) Consideration of a Variance request to maintain a duplex occupancy beyond 24 months of continued vacancy in an R-3, Single Family Residence Zone District as requested by April and Quanah Bain (Applicant).

Case Manager: Ruth Fuessley

Item VI VAR-024749-2017 117 5th Avenue SW (Variance) Consideration of a Variance request reduced setback for a future attached garage addition to a single family dwelling in a/an RMF-2, Multi-Family Residence Zone District as requested by Omer Ali (Applicant).

Case Manager: Ruth Fuessley

Item VII VAR-024755-2017 1027 9th Street SW (Variance) Consideration of a Variance request a screening waiver in a/an O-S, Office/Service Zone District as requested by CR Ryders, LLC (Applicant) and Andrew Paul (Authorized Representative)

Case Manager: Ruth Fuessley

Item VIII VAR-024761-2017 933 14th Avenue SW (Variance) Consideration of a Variance request for an expansion of a nonconforming use in an R-3, Single Family Residence Zone District and I-1, Light Industrial Zone District as requested by Timothy Philipp (Applicant).

Case Manager: Ruth Fuessley

Item IX VAR-024769-2017 2713 Union Drive SW (Variance) Consideration of a Variance request for a time extension to maintain an existing 21’ x 12’ single story detached accessory structure without a principal permitted use structure in an R-1, Single Family Residence Zone District as requested by Kevin Van Houten (Applicant) and Travis Martin (Authorized Representative).

Case Manager: Ruth Fuessley

Item X VAR-024808-2017 2373 Thompson Street SE (Variance) Consideration of a Variance request a design waiver for a detached garage in an R-1, Single Family Residence Zone District as requested by Gary Maker (Applicant).

Case Manager: Dave Houg

Old Business

Item I VAR-023565-2016 1502 C Avenue NE (Variance) Consideration of a Variance request a time extension to a tri-plex to maintain a legal nonconforming use in a/an RD-3, Two Family Residence Zone District as requested by Jamie Hoth (Applicant).

Case Manager: Ruth Fuessley

NOTICE: Any person needing visual/audio assistance or language interpretation should contact Development Services 319- 286-5705 at least 72 hours prior to the meeting. Petition for Conditional Use

Submit application and other required materials to: Cedar Rapids Development Services Department 500 Fifteenth Avenue SW Cedar Rapids, IA 52404 Phone: (319) 286-5168

TITLEHOLDER APPLICANT CONTACT PERSON Name, Address, Phone, E-mail: Name, Address, Phone, E-mail: Name, Address, Phone, E-mail:

Address or general location of property:

Present Use: Zoning Classificiation:

Proposed Use:

Legal Description: Attach on a separate sheet of paper AND e-mail to [email protected]

Titleholder(s)1 or authorized representative(s)2 signature(s) and date(s): 1If there is a recorded contract, the contract purchaser’s name(s), address, and signature must also be included. 2If signed by a representative of the owner, the representative must attach evidence of titleholder’s authorization.

Signature Date Signature Date

*Electronic signatures accepted

FOR CITY STAFF USE ONLY: Case Number: TOTAL AMOUNT DUE Case Name: Conditional Use: $350 Date Submitted: Submittal: Original Revised Number of Signs:

Staff Contact: Cost per Sign: $5 Staff Report Due to CD: Total Sign Cost: PRG Meeting Date: CPC Meeting Date: TOTAL: City Planning Commission City Hall 101 First Street SE Cedar Rapids, IA 52402 Telephone: (319) 286-5041

Date: May 5, 2017

To: The Board of Adjustments

Subject: City Planning Commission Report

Petition of: Cedar Rapids Cellular Telephone, L.P. Titleholder: NEC Enterprises LC

Request: Conditional Use for a Communications Tower in a I-1, Light Industrial Zone District Location: 618 14th Avenue SW

Case No: COND-024557-2017

This is to certify that the City Planning Commission has examined the petition of Cedar Rapids Cellular Telephone, L.P. requesting a Conditional Use for a Communications Tower located at 618 14th Avenue SW and zoned I-1, Light Industrial Zone District.

At April 27, 2017 meeting the City Planning Commission recommended approval of the proposed conditional use as stated. (Chapter 32.02.020.I)

Recommended APPROVAL Motion to approve by a vote of 7 to 0 0 Objector present.

Development Services Department City Services Center 500 15th Avenue SW Cedar Rapids, IA 52404 Telephone: (319) 286-5168

STAFF REPORT TO CITY PLANNING COMMISSION Conditional Use

CPC Date: April 27, 2017

To: City Planning Commission From: Development Services Department

Applicant: Cedar Rapids Cellular Telephone, L.P. Titleholder: NEC Enterprises LC

Location: 618 14th Avenue SW Request: Consideration of a Conditional Use for a Communication Tower in an I-1, Light Industrial Zone District

Case Manager: Dave Houg, Plats & Zoning Conditions Coordinator Case Number: COND-024557-2017

BACKGROUND INFORMATION: This is to certify that the Development Services staff has examined the petition of Cedar Rapids Cellular Telephone, L.P. requesting Conditional Use approval for a Communication Tower for property at 618 14th Avenue SW and zoned I-1, Light Industrial Zone District.

The Preliminary Site Development Plan submitted includes the following proposed improvements:

 Total site area – 2.45 acres  Existing office, shop, warehouses and associated drives and parking lot  Proposed Lease Area – 15’ by 24’  Proposed tower – 70’ monopole  Proposed tower will be 258’ from residential properties to the south.  Associated equipment includes: o Outdoor cabinets o 8’ corrugated steel fence

After careful review, the staff has prepared the following findings in accord with Section 32.02.030.D. of the Zoning Ordinance:

FINDINGS:

Section 32.02.030.D.9 of the Zoning Ordinance requires the City Planning Commission to review the application based on the following criteria: 1

1. That the conditional use applied for is permitted in the district within which the property is located.

Staff Comments: The conditional use as requested is permitted within the I-1, Light Industrial Zone District.

2. That the proposed use and development will be consistent with the intent and purpose of this Ordinance and with the Future Land Use Policy Plan and other elements of the Comprehensive Plan.

Staff Comments: The Future Land Use Map of the City’s Comprehensive Plan designates the property and surrounding area as Urban Medium Intensity. The use proposed is allowed within this Land Use Typology Area (LUTA).

3. That the proposed use and development will not have a substantial adverse effect upon adjacent property, and the character of the neighborhood, traffic conditions, parking, utility and service facilities, and other factors affecting the public health, safety, and welfare.

Staff Comments: The proposed tower will be located among existing industrial buildings and is not expected to have an adverse effect upon adjacent properties, the character of the neighborhood, traffic conditions, parking, utility and service facilities, and other factors affecting the public health, safety, and welfare.

4. That the proposed development or use will be located, designed, constructed and operated in such a manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use, development and improvement of surrounding property.

Staff Comments: An 8’ tall solid fence will surround the tower and associated equipment.

5. That adequate measure have been or will be taken to assure adequate access designed to minimize traffic congestion and to assure adequate service by essential public services and facilities including utilities, storm water drainage, and similar facilities.

Staff Comments: The property will be served adequately by the facilities and services present.

6. That the proposed building, development, or use will comply with any additional standards imposed on it by provisions of this Ordinance for the district in which the property is located.

Staff Comments: The tower is required to comply with all provisions of the Zoning Ordinance and the I-1 Zoning District, the staff recommended conditions and all other applicable codes and regulations, including the Noise Ordinance.

7. Whether, and to what extent, all reasonable steps possible have been, or will be, taken to minimize any potential adverse effects on the surrounding property through building design, site design, landscaping, and screening. 2

Staff Comments: The proposed communication tower will not create any additional traffic and the only facilities required are electrical service.

8. The Site Development Plan is consistent with the previously approved Preliminary Plans for the property (if applicable)

Staff Comments: The plan is consistent with that previously approved.

9. The Site Development Plan conforms to all applicable requirements of this Ordinance.

Staff Comments: A variance from required landscape planting will be requested from the Board of Adjustment.

If the Commission determines to recommend approval of the proposed conditional use, adoption of the following condition as recommended by Development Services should be considered:

RECOMMENDED CONDITION:

1. Required landscaping shall be provided or a variance must be obtained.

City Planning Commission City Hall 101 First Street SE Cedar Rapids, IA 52402 Telephone: (319) 286-5041

Date: May 5, 2017

To: The Board of Adjustments

Subject: City Planning Commission Report

Petition of: Brain Engineering Titleholder: Knox Properties, LC Request: Conditional Use for a Outdoor Storage and Building Material Sales in a C-3, Regional Commercial Zone District Case No: COND-024575-2017

Location: 2355, 2517 and 2519 16th Avenue SW

This is to certify that the City Planning Commission has examined the petition of Brain Engineering requesting a Conditional Use for a Outdoor Storage and Building Material Sales located at 2355, 2517 and 2519 16th Avenue SW and zoned C-3, Regional Commercial Zone District.

At the April 27, 2017, the City Planning Commission recommended approval of the proposed Conditional Use. The City Planning Commission approved the request with the following recommended conditions (Chapter 32.020101.I):

1. The applicant shall provide a solid screening of at least six feet high around the outdoor storage area.

Recommended APPROVAL Motion to approve by a vote of 7 to 0 0 Objectors present.

Development Services Department City Services Center 500 15th Avenue SW Cedar Rapids, IA 52404 Telephone: (319) 286-5168

STAFF REPORT TO CITY PLANNING COMMISSION Conditional Use

CPC Date: April 27, 2017

To: City Planning Commission From: Development Services Department

Applicant: Knox Properties Titleholder: Knox Properties

Location: 2355, 2517 & 2519 16th Avenue SW Request: Conditional Use approval for Building Materials Sales & Storage in a C-3, Regional Commercial Zone District

Case Manager: Dave Houg Case Number: COND-024575-2017

BACKGROUND INFORMATION: The property consists of 3 parcels containing commercial structures, security fencing, paving and drives. The applicant is requesting approval of a conditional use to allow sales and storage of plumbing supplies. An existing structure is proposed to be removed and 3 new structures are to be added.

The site development plan includes the following:

 Site area – 5.28 acres  Existing building size – 21,450 s.f.  Proposed buildings – 21,850 s.f.  Parking required / provided – 110 spaces

FINDINGS:

Section 32.02.030.D. of the Zoning Ordinance requires the City Planning Commission to review the application based on the following criteria:

1. That the Conditional Use applied for is permitted in the district within which the property is located.

Staff Comments: Building Materials Sales & Storage is permitted as a conditional use within a C-3 Zone District. 1

2. That the proposed use and development will be consistent with the intent and purpose of this Ordinance and with the Future Land Use Policy Plan and other elements of the Comprehensive Plan.

Staff Comments: The development is accessed via a Major Arterial street. Most improvements have existed for years. Substantial adverse effects from the conditional use are not expected for the adjacent neighborhood.

Staff Comments: With the addition of a 6’ privacy fence for the proposed outdoor storage, the property is expected to remain compatible with the immediate neighborhood.

5. That adequate measures have been or will be taken to assure adequate access designed to minimize traffic congestion and to assure adequate service by essential public services and facilities including utilities, storm water drainage, and similar facilities.

Staff Comments: There are no anticipated changes to the traffic patterns or required public services and facilities necessary to serve the site. Storm water quality will be required to meet metro standards.

6. That the proposed building, development, or use will comply with any additional standards imposed on it by provisions of this Ordinance for the district in which the property is located.

Staff Comments: The buildings and site are required to comply with all provisions of the Zoning Ordinance and the C-3 Zoning District, as well as all other applicable codes and regulations.

Staff Comments: The project will be required to meet all applicable zoning requirements.

RECOMMENDED CONDITIONS:

There are no conditions recommended by staff.

PRELIMINARY SITE DEVELOPMENT PLAN

(APPROX. 1"=300') Date 2355, 2517 AND 2519 16TH AVENUE SW 74 INVESTMENT PROPERTIES

P.O.S. #1318 PARCEL A 1 A 2

HUGHES INDUSTRIAL HUGHES INDUSTRIAL 3RD 2ND HUGHES INDUSTRIAL 1ST

1 Revision 1 1 P.O.S. 2

PARCEL A

SS SS 14 SS SS SS SS SS SS SS 15 EXISTING 8" SANITARY SEWER SS WHISPERING SS SS 7 12 SS PARCEL B SS P.O.S. 6 SS SS 8 16 SS SS PINES SS 11 120' SS 65' SS SS 3RD SS SS 5 18 SS 17 16TH AVE SW SS 9 10 SS SS PARCEL B 844 MAJOR ARTERIAL, P.C.C. 35 MPH #999 4 EXISTING STORM SEWER 27' 0 20 40 80

#1059 3 23 64'

120' 22 21 20 19

SS 2

SS 20'R 24

EXISTING STORM SEWER

WM SS

WM SS EXISTING STORM SEWER

20'R SS 1

EXISTING SIDEWALK WM SS

WM SS 9

WM SS 5 6 7 8

20'R WM EXISTING 8" SANITARY SEWER SS 25 3. 2. 1. No.

33' WM SS 1

WM SS SS

178.82' WM EXISTING STORM SEWER

EXISTING 12" WATER MAIN WM SS

WM 20'R SS 20'R

WM SS 20'R

WM SS

WM SS 20'R

WM SS

EXISTING SIDEWALK WM SS

30' WM SS

248.87' WM SS

32' WM SS SS 20'R 20'R WM 346 WM

68.55' WM 1" = 40' 32' EXISTING SIDEWALK WM EXISTING PAVING WM WM 178.06' WM 33' 844 WM WILLIAMS PKWY SW CAR SALES PARKING EXISTING PAVING LEGAL DESCRIPTION CAR SALES PARKING CUSTOMER PARKING 12 8 9' CAR SALES PARKING EXISTING PAVING LAND S OF RD (LESS RD) W 250' MEAS ON S LN OF HWY BNG N 350' ON W LN NW 116' 844 18 CAR SALES PARKING NE STR/LB 31 83 7 117' AND 18 38'

844 119' LANDS S OF RD (LESS RD) E 250' W 500' MEAS ON S LN OF HWY BNG N 308'MEAS 3/27/17 HUGHES PM 18 118' ON E LN NW NE STR/LB 31 83 7 19' MH 98' AND CUSTOMER PARKING HUGHES INDUSTRIAL 3RD STR/LB 1 X X 3 CUSTOMER PARKING HUGHES DFB 8 CUSTOMER PARKING INDUSTRIAL 8 5

CUSTOMER PARKING X X CUSTOMER PARKING X CATV 3' 11 842 X INDUSTRIAL 80' REQUEST: 40' X 40' CONDITIONAL USE: OUTDOOR STORAGE AND BUILDING MATERIAL SALES OH EL

43' X X 40' EXISTING AND PROPOSED USE: OUTDOOR STORAGE, BUILDING MATERIAL 842 80' 40' 99' SALES, CAR REPAIR AND CAR SALES. UG TEL

X PROPOSED BLD 40' 2ND

PROPOSED BLD 26' TOTAL SITE AREA: 230,100 SQ. FT. = 5.28 ACRES GAS X

X PROPOSED BLD 43' X 3RD CATV 100' EXISTING BLD EXISTING ZONING: C-3

X X X X X 77' 12"SD

X X 26' X 89' 8 EXISTING BLD TOTAL SQ. FT. OF STRUCTURES: X UG EL

EXISTING: 21,450 SQ. FT. = 9.3% X

X PROPOSED: 21,850 SQ. FT. = 9.5%

307.29' 307.29' 12"SA 842 844

299.95' HARD SURFACE AREA OF LOT (INCLUDES BUILDING): WM X 842 1 EXISTING: 224,200 SQ. FT. = 97.4% 840 OUTDOOR STORAGE X PROPOSED: 224,200 SQ. FT. = 97.4%

ROW 279.59'

X OPEN AREA OF LOT: 10' 1 B-B

X EXISTING: 5,900 SQ. FT. = 2.6%

PROPOSED PAVING 19' 12 PROPOSED: 5,900 SQ. FT. = 2.6% X 838 16 SETBACKS: C-3 X OUTDOOR STORAGE 840 840 FRONT YARD: 0 FEET 38' X 24' INTERIOR SIDE YARD: 0 FEET 10 SILT 18 24' REAR YARD: 0 FEET OUTDOOR STORAGE X CORNER SIDE YARD: 0 FEET 19' UE 19' X PARKING: DE

X CAR REPAIR PARKING EXISTING PAVING VEHICLE SALES AND SERVICE 1 PER 4000 SF BM 1 838 EXISTING PAVING 14,227 SF * 4 SPACES / 1000 SF = 57 SPACES X BUILDING MATERIALS PRODUCT SALES 2 PER 1000 SF 838 AND 1 PER 5000 SF X 7,623 SF * 2 SPACES / 1000 SF = 16 SPACES T/S = X 96,200 SF / 5000 SF = 20 SPACES T/C = 74 SPACES FOR VEHICLE SALES AND SERVICES

24' X 23 SPACES FOR BUILDING MATERIALS GUT =

X HANDICAP PARKING SPACES X

X X 6 REQUIRED 6 PROVIDED

838 X

X 296.58' NOTES: 199.26' 1. REGULAR PARKING SPACES ARE 9'x19' AND HANDICAPPED SPACES ARE 8'X19'.

2. ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF.

X 3. THE SITE IS NOT LOCATED IN A 100-YEAR FLOOD WAY OR FLOOD ZONE.

X OUTDOOR STORAGE

X X

48.76'

649.71' X X

X X

840 X X

X X

840 X SCALE 1"=100' 16TH AVE SW

200.02' 248.87'

68.55' 178.06'

EXISTING PAVING EXISTING PAVING

119' HUGHES SURVEYOR: BRAIN ENGINEERING, INC. 1540 MIDLAND COURT NE CEDAR RAPIDS, IOWA 52402 INDUSTRIAL

X X X

319-294-9424 EXISTING BLD 43' X TO BE REMOVED X X THE LOCATION OF ALL UTILITIES INDICATED ON THE PLANS IS X 89' X X 3RD

X X TAKEN FROM EXISTING PUBLIC RECORDS OR FROM FIELD X X X X EXISTING BLD X

X OBSERVATIONS. THE EXACT LOCATION AND ELEVATION OF ALL X X EXISTING BLD

X 307.29' PUBLIC UTILITIES MUST BE DETERMINED BY THE CONTRACTOR. OWNER/ 307.29'

299.95' IT SHALL BE THE DUTY OF THE CONTRACTOR TO ASCERTAIN X APPLICANT: KNOX PROPERTIES EXISTING PAVING X

279.59' 1 WHETHER ANY ADDITIONAL FACILITIES OTHER THAN THOSE 417 WILEY BLVD NW EXISTING HARD SURFACING SHOWN ON THE PLAN MAY BE PRESENT. CEDAR RAPIDS, IOWA 52405 I hereby certify that this engineering document X X 319-363-2387 SS was performed by me or under my direct personal OUTDOOR STORAGE E I O EXISTING PAVING X OF NA supervision and that I am a duly licensed Professional R L CAR PARK AREA X 327.93' IOWA CODE 480, UNDERGROUND FACILITIES INFORMATION, P

ENGINEER E Engineer under the laws of the State of Iowa. X REQUIRES VERBAL NOTICE TO IOWA ONE CALL, D N

DOUG BRAIN X EXISTING PAVING 1-800-292-8989, NOT LESS THAN 48 HOURS PRIOR E DOUGLAS G Signed Date S

BRAIN ENGINEERING, INC. I X TO EXCAVATING, EXCLUDING WEEKENDS AND HOLIDAYS. N F. N X

1540 MIDLAND COURT NE E E

E C

I BRAIN 1 CEDAR RAPIDS, IOWA 52402 X R

319-294-9424 L 20267 Douglas F. Brain, P.E. X OUTDOOR STORAGE 243.44'

[email protected] X X

252.41' X

My License Renewal Date Is December 31, 2018 X

X 649.71'

NOTE: ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. X

X 1

X License Number 20267 X

48.76' X

I X

A X

OW X

X of

Pages or sheets covered by this seal: X X

192616-10

K:\Shared Company\Proj\516717-10 KNOX 16th Ave\516717-10 Knox Cond Use.dwg, 3/29/2017 11:23:54 AM, DWG To PDF.pc3

City Planning Commission City Hall 101 First Street SE Cedar Rapids, IA 52402 Telephone: (319) 286-5041

Date: May 5, 2017 To: The Board of Adjustments

Subject: City Planning Commission Report

Petition of: Bevard Properties Titleholder: Heather Deppe Request: Conditional Use for a Daycare in a R-2, Single Family Residence Zone District Case No: COND-024619-2017

Location: 1654 27th Street NW

This is to certify that the City Planning Commission has examined the petition of Bevard Properties requesting a Conditional Use for a Daycare located at 1654 27th Street NW and zoned R-2, Single Family Residence Zone District.

At their meeting held on April 27, 2017 the City Planning Commission recommended approval of this request, subject to the following conditions (Chapter 32.02.020.I):

1. Applicant shall comply with all State and Local building and fire codes and all applicable codes and regulations.

Recommended APPROVAL Motion to approve by a vote of 7 to 0 0 Objectors present.

Development Services Department City Services Center 500 15th Avenue SW Cedar Rapids, IA 52404 Telephone: (319) 286-5168

STAFF REPORT TO CITY PLANNING COMMISSION Conditional Use

CPC Date: April 27, 2017

To: City Planning Commission From: Development Services Department

Applicant: Heather Deppe Titleholder: Bevard Properties LC – Series 21

Location: 1654 27th Street NW Request: Conditional Use approval for a Day Care Center in an R-2, Single Family Residence Zone District

Case Manager: Dave Houg Case Number: COND-024619-2017

BACKGROUND INFORMATION: The property consists of a single parcel containing a house. The applicant is requesting approval of a conditional use to allow a Day Care Center to operate from the dwelling. There are no proposed site changes.

The developed site includes the following:

 Site area – 8,880 s.f.  Total building size – 1,169 s.f.  Portion of building proposed for Day Care – 1,725 s.f.  Parking required and provided – 3 spaces

FINDINGS:

Section 32.02.030.D. of the Zoning Ordinance requires the City Planning Commission to review the application based on the following criteria:

1. That the Conditional Use applied for is permitted in the district within which the property is located.

Staff Comments: A Day Care Center is permitted as a conditional use within an R-2, Single Family Residence zone district.

2. That the proposed use and development will be consistent with the intent and purpose of this Ordinance and with the Future Land Use Policy Plan and other elements of the Comprehensive Plan.

Staff Comments: The Future Land Use Map of the City’s Comprehensive Plan designates the property and surrounding area as Urban Low Intensity. The use proposed is allowed within this Typology Area (LUTA).

Staff Comments: The daycare will be operated from a single-family residence. Substantial adverse effects from the conditional use are not expected for the adjacent neighborhood.

Staff Comments: The property is expected to remain compatible with the immediate neighborhood. Solid screen fencing is provided for the play yard.

Staff Comments: The property is expected to continue to be served adequately by the facilities and services present.

6. That the proposed building, development, or use will comply with any additional standards imposed on it by provisions of this Ordinance for the district in which the property is located.

Staff Comments: The proposed use must comply with all standards for the R-2 Zone District.

Staff Comments: The rear yard is entirely screened with solid wood fencing. The proposed use should not adversely affect surrounding properties.

RECOMMENDED CONDITIONS:

There are no recommended conditions from Staff.

BOARD OF ADJUSTMENT May 8, 2017

Docket: VAR-024679-2017 Appellant: Bethany Lutheran Church Address: 175 Thompson Drive SE Zoning: R-1 Single Family Residential District

Variance Request: The appellant hereby requests approval for a reduced rear yard setback. A property subdivision is proposed so that the church may sell the former parsonage as a stand- alone lot. The newly-created lot will provide a 24.9 foot rear yard in lieu of the 30 foot setback required by Code.

Applicable Code Requirement:

• Subsection 32.05.010.B.1. Table 32.05 requires a rear yard setback of 30 feet.

Basis of Appeal: Appellant wishes to subdivide a developed parcel. The proposed lot line follows the constructed church parking lot.

Staff Comments: The Development Services Division has reviewed this request and has no objection.

PLAT OF SURVEY No. 2083 PARCEL A

7 8 9 MITVALSKY'S 2ND

60' THOMPSON DRIVE SE

(360.00') S89° 44' 41"W 360.18' 3 3 102.24' 138.00' 4" PIPE 3 119.94' 4" PIPE 4" PIPE 33' (120.00') POB SS W 58.5'

103.96'

S1° 17' 43"W

8.5'

19.8' HOUSE

8.0' SE DRIVE FOREST

200.82'

(200.78') S1° 47' 58"E 47' S1°

24.9' 200.56' (200.00') PARCEL A 3 15"W 20' N0° 1 0.37 Ac.

2 THOMPSON'S 1ST 124.91'

S39° 03' 21"W

20.00' 225.36'

3 S1° 22' 04"E 2 S89° 47' 19"W 245.36'

(245.6') 1 245.58' 14.28'

14.54' (14.52')

(14.7') 3 48"E 15' S2° S89° 43' 40"W BENT 4" PIPE

33' A. P. #360

0 50 100 200

FOUND SECTION CORNER

FOUND 5/8" REBAR OR AS LABELED

FOUND CHISELLED X OWNER: BETHANY LUTHERAN CHURCH SURVEYOR: BRAIN ENGINEERING, INC. 1540 MIDLAND COURT NE SET SECTION CORNER CEDAR RAPIDS, IOWA 52402 SET MAG NAIL NOTE: ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. WATER AND SEWER SERVICES CONNECT NORTH OF THE HOUSE. SET CHISELLED X

POB POINT OF BEGINNING

() RECORDED AS

SCM 4"x 4" CONCRETE POST w/DISK

UE UTILITY EASEMENT

P.O.S. PLAT OF SURVEY

YPC YELLOW PLASTIC CAP RPC RED PLASTIC CAP

DATE OF SURVEY: 6/24/16 Project No: Title: Drawn: Book:

510016-10 DJB PLAT OF SURVEY No. 2083 7/11/16 349 Checked: Scale:

1"=100'

BOARD OF ADJUSTMENT May 8, 2017

Docket: VAR-024755-2017 Appellant: C R Ryders LLC Address: 1027 9th Street SW Zoning: O-S Office Service District

Variance Request: The appellant hereby requests a waiver of the required screening from an adjacent residential property. The site has recently been remodeled and is used as a private meeting hall.

Applicable Code Requirement:

• Subsection 32.05.030.A.5.b. requires a non-residential structure that is located less than 100 feet from a residential district to be effectively screened from the residential district.

Basis of Appeal: Appellant provides a written agreement signed by the adjacent landowner agreeing to a waiver of the screening requirement.

Staff Comments: The Development Services Division has reviewed this request and has no objections. Should the Board approve the request, the following condition is recommended:

1. Upon a change of ownership of either property, required screening shall be installed.

BOARD OF ADJUSTMENT May 8, 2017

Docket: VAR-024808-2017 Appellant: Gary Maker Address: 2373 Thompson Street SE Zoning: R-1 Single Family Residential District

Variance Request: The appellant hereby requests approval of a 1200 square foot detached accessory structure which will not be constructed of material similar to that of the primary structure (single family dwelling).

Applicable Code Requirements:

• Subsection 32.05.010.A.4.b. (Ord. No. 027-14) states in a residential district, the aggregate total square footage for a detached accessory structure shall be no greater than nine hundred (900) square feet for each dwelling unit to which such structure is accessory. • Subsection 32.05.010.A.4.c. (Ord. No. 027-14) Exceptions to size of structure states the nine hundred (900) square foot limit may be exceeded if all the following criteria, i-vi below are met (for the proposed accessory structure): • i. The height shall not exceed the height of the primary structure on the lot. • ii. The accessory structure shall be constructed of materials similar to that of the primary structure.

Basis of Appeal: Appellant wishes to demolish an existing deteriorated garage and replace it with a new structure. He notes that the garage will be located approximately 35 feet behind his house and therefore not easily visible from the street.

Staff Comments: The Development Services Division has reviewed this request and has no objection.