MINUTES OF THE ROCK ISLAND BOARD OF ZONING APPEALS Regular Meeting 7:00 p.m. September 12, 2018 ATTENDANCE: (x) Present ( ) Absent (x) Kevin Day (x) Dave McAdam (x) Donald Mewes ( ) Nicole Finnie (x) Gary Snyder (x) Bill Sowards (x) Jeffrey Wright City Council Members Present: Virgil Mayberry, James Spurgetis Staff Present: Ryan Berger, Alan Fries. Chairman Snyder called the meeting to order at 7:00 p.m. Approval of Minutes Mr. Day made a motion to approve the Minutes of the August 8, 2018 regular meeting. Mr. McAdam seconded the motion, and it passed unanimously. Procedural Explanation Chairman Snyder explained the procedure to be followed for the public hearing. He said there has been one Interested Party form submitted. He said some of the order of cases on the agenda will be changed for the meeting. Public Hearing #2018-26: The applicant, Tim Anderson, has filed for a variance of 2.5 feet of the 3.5 foot maximum height for a fence in a front yard in an R-1 (one family residence) district at 3800 26 th Street. Mr. Fries presented the staff report. He explained the zoning ordinance requires a maximum fence height of 3.5 feet in a front yard (Section 8.12). The applicant proposes to construct a 6 foot privacy fence in the east front yard at the southeast corner of the site. The applicant indicates that he has a dog that he wants to let out into a yard area but indicates that the dog would be able to jump over a 3.5 foot fence. The applicant also indicates that he has a disability, so walking his dog is challenging, so he desires to have the dog be out into the yard more. The south side of the corner lot the lot is the larger yard area, but slopes up, while the west yard is not very large. Chairman Snyder called for proponents. Tim Anderson, 3800 26 th Street, was sworn in. He said part of his house extends further to the east than the garage doses, sot the proposed fence will only extend 12 feet further out than that part of the house. He added he has talked to all of his neighbors and they have no objections. As no one else wished to speak the public hearing was closed. Decision Case #2018-26 Mr. McAdam made a motion to approve the request because: 1
1. The proposed variance will improve the return on the property. 2. The property is a corner lot with two front yards. 3. The proposed variance will not alter the character of the neighborhood. Mr. Day seconded the motion, and it passed unanimously. Public Hearing #2018-27: The applicant, Todd Lindscot, has filed for a variance of 19 feet six inches of the 30 foot rear yard setback requirement in an R-3 (one family residence) district at 1408 20 th Street. Mr. Fries presented the staff report. He explained that the zoning ordinance a minimum rear yard setback of 30 feet in an R-3 district (Section 16.5). The applicant proposes to construct an attached garage addition (22 4 x 39 ) in the west rear yard. The applicant intends to remove an existing 18 x 18 attached garage (see attached drawing) and construct the new approximate three car attached garage at approximately the same location. The current rear yard setback is approximately 30 feet and the proposed new setback will be 10.5 feet. The proposed addition will have a poured concrete exterior wall and a flat roof that may accommodate a second floor house addition in the future. Chairman Snyder called for proponents. Todd Lindscot, 1408 20 th Street, was sworn in. He said he wants to keep his house historically accurate like many of the other garages in the neighborhood. Italo Milani, 2801 12 th Avenue, was sworn in. He said he has been an architect since 1963 and that other garages in the neighborhood are located three to four feet from the rear property lines. As no one else wished to speak, the public hearing was closed. Decision Case #2018-27 Mr. McAdam made a motion to approve the request because: 1. The proposed variance will improve the return on the property. 2. The lot is a corner lot with two front yards. 3. The proposed variance will not alter the character of the neighborhood. Mr. Day seconded the motion, and it passed unanimously. Public Hearing #2018-24: The applicant, Adam Abou-Ghanima, has filed for a variance of 84 feet of the 100 foot separation requirement between a proposed auto sales business and adjacent residentially zoned property in a B-3 (community business) district at 2925 5 th Avenue. Mr. Fries presented the staff report. He explained that the zoning ordinance requires a 100 foot separation standard between an auto sales use and residential zoning (Section 27.2c). The applicant proposes to park and sell autos in the parking lot on the north and east side of the property. The 100 foot separation requirement was established to provide a buffer from an outdoor sales area from residential zoning and uses. There is no proposed fencing or landscaping to provide a buffer from the business to adjacent residences. Staff believes that maintaining the 100 foot separation will help buffer the residential area from the commercial sales area and recommends that the variance be denied. He 2
added that if the Board approves the request landscape buffers should be stipulated at least on the south and west yard areas adjacent to residential uses. Chairman Snyder called for proponents. Adam Abou-Ghanima, 110 Wild West Drive in LeClaire, Iowa, was sworn in. He said he has contacted an Architect and will either rehab the structure or construct a new structure on the site. He said he will add a fence and landscaping to the site and submitted a revised site plan. Mr. Berger left to make photocopies of the revised site plan for the Board. Mr. Mewes asked if he intends to demolish the structure to meet his needs for the business. Mr. Abou- Ghanima replied that he is consulting with an architect to make that determination, but if it needs to be demolished he will do that. Chairman Snyder asked where on the revised site plan would the fence and landscaping be located and if a new structure on the site was constructed where would it be located on the site. Mr. Berger suggested that the Board table the request until all the relevant information can be provided by the applicant related to the revised site plan and request. Mr. Sowards made a motion to table the request. Mr. Mewes seconded the motion, and it passed unanimously. Mr. Berger said staff will meet with the applicant to discuss the revised request and send new information to the Board hopefully in time for the next regular meeting. Public Hearing #2018-25: The applicant, Randy Dickson/U-Haul Company of Iowa and Illinois, has filed for a special exception for an authorized use in a B-4 (highway/intensive business) district at 3840 46 th Avenue (Blackhawk Road). Mr. Fries presented the staff report. He explained the zoning ordinance requires a special exception to authorize mini-warehousing uses in a B-4 zoning district (Section 28.4 of Zoning Ordinance). The applicant proposes to use the former retail structure as an interior self storage facility (identified as a mini-warehousing use in Zoning Ordinance). This request is the same request considered and denied by the Board at its July 12, 2017 regular meeting. Staff has revised the previous report to provide updated information. The applicant also proposes to create an approximate 31,525 square foot out lot that would be made available for other commercial uses allowed within the B-4 zoning district. This corner location at a major intersection would provide an opportunity to attract a retailer and/or restaurant to this busy intersection site making up for some of the sales tax lost when K-mart closed. The applicant will re-use the existing freestanding sign used by K-mart (see freestanding sign drawing). The proposed 84 square feet total sign area would be the same sign area for the former K-mart 3
freestanding sign as it will use the same sign cabinet space and support standards. Proposed attached signs facing north have a total sign area to 210 square feet. Finally, attached signs are also proposed for the west façade in a proposed interior load/unload area for the inside climate controlled storage proposed for the authorized use. This attached sign area is allowed by the Sign Ordinance without a variance because it faces 38 th Street, rather than Blackhawk Road. The applicant will also paint the building new colors to upgrade the site. The applicant will landscape the perimeter of the site along with landscaped islands within the existing parking lot on the site. Currently there are approximately 6 perimeter canopy trees along Blackhawk Road and 38 th Street. The applicant proposes to have a total of 16 canopy trees to this perimeter area. Currently there are 15 existing canopy tees allocated at various islands within the parking lot. The applicant proposed a total of 27 island trees. Finally, there are approximately 6 additional perimeter trees to the west of the structure adjacent to a private drive that extends south from 38 th Street. The applicant proposes 11 additional canopy trees along with maintaining the 6 existing canopy trees. Landscaping along the south and east property lines adjacent to an existing parking lot between the site and Rock Valley Plaza will remain. This parking lot is not visible from Blackhawk Road and is unlikely to be used by U-Haul customers. The applicant will resurface the existing parking lot to the north and west of the structure and maintain existing access points on Blackhawk Road and 38 th Street. The applicant proposes a new interior access from the interior drive along the east side of the site that would provide better customer access for businesses located in the commercial structure located to the east at 3850 Blackhawk Road. Currently, customers for businesses in this building (identified as Leveraged Holdings Inc. on site plan) must access it via several turns from Rock Valley Plaza. This new more visible access should increase the vitality for this adjacent commercial building. The subject site is located in an area of the city that the Zoning Ordinance identifies as the Riverfront Corridor Overlay District. This Overlay District evolved from the original Blackhawk Road Overlay District that was developed following the adoption of the Blackhawk Road Corridor Development Plan in December 1984. The Riverfront Corridor Overlay District was adopted in 1988 and it extends along the Mississippi River and Rock River. Section 33.1 of the Ordinance identifies the intent of the Overlay District as the following: To recognize, preserve, maintain and promote economically viable uses that are a benefit to the City; To maximize public benefit for further development of the riverfront area; To provide for improved scenic and aesthetic controls; To recognize the riverfront area as a visual, environmental and recreational resource that affects and benefits the City as a whole; To protect adjacent properties from the negative effects of incompatible development; To establish a physically attractive pattern of development for the general welfare of the City. Section 33.6 of the Zoning Ordinance identifies Development Incentives if the property owner provides public pedestrian/bike easements running continuously through the property. There are no current public easements for the site, or adjacent commercial sites, but the applicant has agreed to be open to 4
finding an agreeable location in the future Section 33.9 identifies Performance Standards for Site Development, which include the following: To screen incompatible land uses and protect residential area from negative effects such as noise, glare and litter; To provide a visually attractive site design; To encourage the creative use of landscaping to frame or enhance views and vistas and discourage the obstruction of existing views; To be sensitive to the environmental nature of the riverbank by limiting its alteration except as necessary. Staff believes that the proposed site plan and use meet the intent and performance standards for the Riverfront Corridor Overlay District. The site plan identifies additional landscaping for the large parking lot that will be used for customer parking for U-Haul and the out lot proposed at the corner. Adding significant landscaping in and around the existing parking lot and resurfacing the parking lot will improve the appearance of the site. The proposed lot at the northwest corner will provide a space for a new commercial use at the intersection. The proposed signs meeting Sign Ordinance requirements and painting the building will also improve the appearance of the site. In March of this year the City Council approved an amendment to the Zoning and Sign Ordinances to require that the Board hold public hearings and then make a recommendation to the City Council on Board variances and other Board considerations for business zoned properties on parcels of, or larger, than 20,000 square feet in total area. Since the subject property is larger than 20,000 square feet in area the Board s action will be in the form of a recommendation to the City Council to be considered at an upcoming Council meeting. He said three emails have been received in opposition to the request. The emails came from Lisa Hoskins from Pizza and Subs restaurant (3700 Blackhawk Road), Mark Hemphill (totalsolutiosus.com at 3407 78 th Avenue West in Rock Island) and sales@storagehubqc.com (2820 Blackhawk Road). All three express concern it was not mainly a retail use of the site. Chairman Snyder called for proponents. Randy Dickson, 6310 Douglas Avenue in Des Moines, Iowa, was sworn in. He said they will improve the building and site and will have a retail component in the renovated structure. He said U-Haul has done about 40 similar business operations and this location is personally his second site location to develop. Mr. Day asked how many employees would work at the site. Mr. Dickson replied 5 to 10 and possibly even more. David Levin, 3201 36 th Avenue and commercial real estate broker from Ruhl and Ruhl, was sworn in. He said he was against the proposal last July thinking that it could be better promoted for sale for another use, but as the broker for the owner he has seen very little interest in the property. He said there is a 2.5 million dollar purchase offer on the site and that the ownership would consider donating a large sum of money to the city of Rock Island. He cited declining numbers of brick and mortar commercial retail sales from a nation-wide real estate periodical and that if a commercial building is vacant for longer than 18 5
months it will deteriorate rapidly. Finally, he cited vacant total square footage vacant building numbers in Rock Island. Mr. Mewes asked what type of taxes come from this type of business use. Mr. Levin replied that along with property tax the City could consider a 5 per cent tax on storage units similar to the cities in the State of Iowa. Robert Votroubek, 26 College Hill Circle, was sworn in. He said he was also an opponent last year because he did not believe the site was adequately marketed for sale and that it could possibly be subdivided. He said since that time nothing has happened in selling the property he now supports the proposal. John Callas, 3520 26 th Avenue B in Moline, was sworn in. He said he is an attorney representing the seller and that he supports the request because U-Haul is a Fortune 500 national company that will improve the site. Chairman Snyder called for opponents. Gary Segal, 12 Deere Run and formerly with Herman s Inc at 2820 Blackhawk Road, was sworn in. He said the site has the largest potential retail building in the city and should not be used for storage units. He said there are already many storage unit businesses to the east and west of the subject site and that the Blackhawk Road corridor needs uses that will generate more retail commercial traffic. Destiny Wren 136 18 th Street, Apartment 209, was sworn in. She said the additional st5rage use was not useful to the city and that more retail uses will help the city more. Chairman Snyder called for a rebuttal. Mr. Dickson said that U-Haul has been involved with many mixed used buildings and that they have done very well in other cities. He added that hopefully their presence will bring more vitality to the area. As no one else wished to speak, the public hearing was closed. Decision Case #2018-25 Mr. Day made a motion to recommend approval the request because: 1. The proposed authorized use variance will improve the return on the property. 2. The lot is a corner lot with two front yards. 3. The proposed authorized use will not alter the character of the neighborhood. He added the stipulation that approval shall be based on adhering to the submitted site plan with landscaping, signage and other site improvements and proposed out lot at the northwest corner of the site. Mr. Wright seconded the motion. Mr. Day said that the prospective buyer will spend 2.5 million to purchase the property and will probably spend an additional 2 million dollars in renovating the site and that will be an improvement to the area. Mr. McAdam said he will support the motion to approve as the proposed use is not what he first wanted, but the site has been sitting for longer than a year and will deteriorate more if left vacant. 6
Chairman Snyder called for a vote on the motion to approve the request, and it passed unanimously. Other Business: Mr. Fries said along with the tabled case there will be at least two new cases submitted for the October 10 th agenda. Adjournment: Chairman Snyder adjourned the meeting at 7:05 p.m. Respectfully submitted, Ryan Berger Planning and Redevelopment Administrator 7
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