MINUTES
ZONING BOARD OF ADJUSTMENT
August 21, 2007
1. CALL TO ORDER.
Chairman Kent called the regular monthly meeting of the Marion Zoning Board of Adjustment to order at 7:00 PM.
2. ROLL CALL.
Members Present: Kent, Barnes, Gibson, Van Note, Sylvester
Members Absent: None
Staff Present: Treharne, Hockett, Kaiser
3. MINUTES –
Zoning Board of Adjustment – April 18, 2006
The minutes of the April 2006 Zoning Board of Adjustment Meeting were presented to the Board and it was found that the minutes were correct and had already been approved.
Zoning Board of Adjustment – October 16, 2007
Motion by Barnes, seconded by Gibson to approve the October 16, 2007 minutes as submitted.
All “ayes” motion carried.
4. CONSENT CALENDAR.
Kent noted that his son-in-law is a physician at the St. Lukes Clinic that is currently in Marion, but he felt that it would not prejudice his vote.
a. Motion to receive and file all correspondence from applicants and staff reports regarding the variance requests on the November 20, 2007 Marion Zoning Board of Adjustment agenda.
Motion by Gibson, seconded by Van Note to receive and file documents related to variance request.
All “ayes” motion carried.
5. APPEALS -
a. M & E Investments, 2998 7th Avenue, Marion, Iowa – Requesting a variance from Section 176.29-2(L) of the Marion Code of Ordinances to allow less than the required off-street parking spaces for a medical office building in a C-3, General Commercial zoning district.
ZBA Resolution No. 07-09 approving Variance request.
ZBA Resolution No. 07-09 denying Variance request.Hockett presented the staff report regarding the proposed variance request. He noted that the fist portion of the staff report addresses an exception for the parking violations; he proceeded to read them to the board noting that variances do not necessarily have to find a hardship to be granted.
He noted that this case is a request to reduce the number of off-street parking spaces for a medical related facility. He noted the current code requirements of 10 parking spaces for every 1,000 square feet of office space in the C-3, General Commercial zoning district. The applicant has requested a variance of allowing 1 parking space for every 194 square feet of office space, or roughly 1 to 200.
Hockett familiarized the Board with the applicable property. He gave a brief history of the parcel noting that it was originally developed as a mobile home park, then was built into a grocery store (Hy-Vee), then it was converted into a mattress factory/ showroom, and is currently used primarily as a mattress showroom/storage area. Recently, the owners of the St. Lukes facility, located behind the Family Video store, have contacted the owners of the Lebeda parcel to discuss expanding their current facility to the property.
He made the Board aware that this property has already received a variance for the rear-yard set-back requirement in 1998. The Current Lebeda building is located on the north property line, meaning that a previous 12-foot variance was allowed. He noted that changing the business to allow medical offices will significantly change the use of the parcel. The applicants have proposed to remove a significant portion of the south side of the current building to accommodate more parking and allow for better flow through property. He then gave a brief description of the surrounding property uses, the different sections of the proposed medical facility, and the required number of spaces based on each use.
He noted other variances that have been granted for similar uses within Marion. Typical variances allowed 7 parking spaces per 1,000 square feet of office space. He then pointed out the difficulties with the property such as, the layout of the property due to portions of the property being previously split off and the additional right-of-way that was required when 7th Avenue was realigned.
Barnes questioned who owned the property, and if St. Lukes would be renting the property? Jim Lamb (representing the applicant) noted the M & E Investments owns the property, but will lease the building to St. Lukes and Iowa Health Physicians. He noted that the larger portion if the building is proposed to house the hospital services, and the remainder would accommodate a different type of medical facility such as a physical therapy facility.
Gibson questioned the use of the clinic. Lamb noted that this would be a typical doctor’s office where patients come in, are seen, and leave within a short timeframe.
Barnes questioned the employment numbers that the new facility would allow for. Lamb noted that he thought the proposed number would be 21-22 new employees to the existing staff, including the addition of two more physicians.
Gibson questioned the traffic access proposed on 7th Avenue. Hockett replied that this is an existing permitted access, in addition to the two access points off of 8th Avenue. Gibson noted that the applicants would gain additional parking stalls should they choose to close off the access to 7th Avenue and allow parking. He then asked if there has been any concern about the additional traffic that will be created and directed towards 7th Avenue because of the proposed facility. Hockett replied that the engineering department has looked at the project, but he had heard no additional comments or concerns. He noted that city staff has had ample time to respond to this issue if needed. Hockett commented that as development/redevelopment occurs along 7th Avenue, traffic access will be restricted, or eliminated.
Barnes commented on the fact that the previous variance requests were more readily allowed because the uses allowed for longer patient visits and required less staff. She asked Hockett for clarification on the number of allowed parking stalls. Hockett noted that the current regulations allow 10 per 1,000 square feet. Staff has proposed a 7 to 1,000 square foot change in the ordinance that will go before the City Council when the Zoning Ordinance is updated in the next year.
Barnes then asked for clarification on the parking space variance that Hockett described in his presentation. Hockett noted that the Physician clinic and warehouse area will be considered to be two separate uses and therefore have different parking requirements. However, the variance is for the entire property. Lamb noted the options for the use of the additional warehouse space and how it will most likely not be used for warehouse space.
Gibson asked for a breakdown of how many spaces will be provided per physician. Hockett replied that he has not received a breakdown with this case, but in the past, applicants have used the ideology that one person will be in the waiting room, one with the nurse, one with the doctor, and one checking out. Gibson asked how many spaces on the Lebeda site were being required for each doctor. Lamb noted that there are currently 5 doctors on staff, and St. Lukes has proposed to add two more doctors. Barnes then noted the additional staff that is required in a facility like this. Gibson noted that the typical scenario does not work all the time, schedules often get backed up in doctors’ offices and additional people are waiting in the waiting room.
Gibson noted the importance of the Board to hold all applicants to the same standard. Barnes noted her concern that this space is not just proposed to be all medical offices, but it has a possible retail component. She then asked if the Board is supposed to consider the two separate uses, or view this project as having one component. Hockett noted that this application is for the full use of the property. For full use of the property as proposed, the applicant will need the variance allowing 1 space per 194 square feet.
Gibson asked what happens if two years from now and a developer wants to intensify the use. Hockett noted that if there is not enough parking to accommodate the use, the use will not be permitted. Gibson then asked what allowed uses in the C-3 district will require more parking spaces than the medical clinic. Hockett responded that medical facilities typically require the highest amount of parking other than restaurants and bars.
Gibson asked about the probability of 7th Avenue being expanded into a six-lane road. Hockett replied that no long-range plan indicates such an expansion.
Kent then asked if the applicant/representative had anything to say. Lamb noted that he had nothing additional to add, but commented that there were a lot of numbers discussed and wanted to clarify that the building is considered to have two separate parts. He felt the parking spaces should be considered separate for the two separate uses. With no further comments, the public hearing was closed.
Barnes noted the significance of how the building is laid out and what purpose each area serves. She commented on her concern for the ‘retail’ space and the parking dilemma that may occur based on what is put in the extra space. Hockett commented on the ability of staff to limit the use of the building based on the available parking. He noted that his staff report was based on the potential full build-out of the facility.
Barnes clarified that the variance needs to be approved as one item, the separate items cannot be granted separate variances, but need to be calculated separately. Gibson stated his request to calculate the allowed parking for each part of the building so that each use had a separate parking requirement. Gibson noted that applying separate parking requirements would allow the Board to grant the 7 spaces per 1,000 square feet for the medical clinic, while still limiting the number of parking spaces for the other area of the building.
Gibson made the motion to approve the variance to allow the applicant a minimum of 144 parking stalls on the property, of which, 127 stalls are attributable to the medical clinic and the hospital services building, based upon review of the ordinance criteria, including the showing of the hardship by the petitioner. The motion was seconded by Barnes.
All “ayes” motion carried.
6. ADJOURNMENT.
There being no additional business to come before the Marion Zoning Board of Adjustment the meeting was adjourned at 8:00 PM.
Respectfully Submitted,
Gordon Gibson
Secretary