HomeMy WebLinkAbout03-08-2006 Board of AdjustmentAGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, March 8, 2006 — 5:00 PM
EMMA J. HARVAT HALL
A. Call to Order
B. Roll Call
C. Consider the February 8, 2006 Minutes
D. Special Exception:
EXC06-00003: Discussion of an application submitted by First Presbyterian Church
for a special exception to permit installation of a columbarium, a structure containing
niches for storage of cremated remains, for use by the church members for property
located in the Low Density Single -Family Residential (RS-5) zone at 2701 Rochester
Avenue.
E. Other
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING —April 1212006
STAFF REPORT
To: Board of Adjustment Prepared by: Sarah Walz
Item: EX06-00003 2701 Rochester Ave. Date: March 8, 2006
GENERAL INFORMATION:
Applicant: First Presbyterian Church
2701 Rochester Avenue
Iowa City, IA 52245
Contact Person:
Dick Brown
2905 Saddle Club Rd. NE
Phone: 351-5408
Requested Action:
Approval of a special exception to
permit the expansion of a religious
institution in an RS-5 zone
Purpose:
To allow the installation of a
columbarium on church property.
Location:
2701 Rochester Avenue
Size:
1.96 acres
Existing Land Use and Zoning:
First Presbyterian Church; RS-5
Surrounding Land Use and Zoning:
North: Residential; RS-5 and
OPD-5
South: Residential; RS-5
East: Residential; OPD-5
West: Residential; RS-5
Comprehensive Plan:
Institutional
Applicable Code requirements:
14-2A-2, religious institutions
permitted by special exception in
the RS-5 zone; 14-4A-61-3,
Columbarium as an accessory use;
14-4B-4D-14, approval criteria for
religious institutions located in RS-5
zones; 14-413-3, general standards
for special exceptions.
File Date:
January 27, 2006
BACKGROUND:
The First Presbyterian Church was built in 1974 when this property was zoned R1A,
Single -Family Residence Zone. Churches were a permitted use in the R1A zone. In
1983 as part of a citywide rezoning, the City rezoned this property to RS-5, Low Density
Single -Family. Religious institutions require a special exception in the RS-5 zone. Any
expansion of the existing church on this property also requires approval of a special
exception.
In 2004, the First Presbyterian Church applied for and was granted a special exception
to allow the construction of a columbarium on church property. The special exception
was opposed by owners of three neighboring residential properties. The neighbors
challenged Staff's interpretation that columbaria were an acceptable accessory use for
religious facilities in the RS-5 zone. The neighbors contended that because the Zoning
Ordinance specifically required RM-12 zoning for cemeteries and mausoleums, and
because the Zoning Code did not address columbaria specifically, it was therefore
beyond the jurisdiction of the Board of Adjustment to grant the special exception. A law
suit challenging the special exception is pending.
The Iowa City Zoning Ordinance was updated in 2005. The new code includes a new
chapter that describes all land use categories (14-4A). The chapter provides descriptions
of various principal uses associated with each land use category as well as the
accessory uses associated with each principal use. (Religious Institutions are described
on page 165 of the Zoning Ordinance.) Columbaria are listed as an accessory use (by
special exception) for religious facilities. While the prior special exception is due to be
challenged in district court, the church has chosen to avoid the delay of a trial and has
reapplied for a special exception under the provisions of the new Zoning Ordinance.
The applicant is now requesting a special exception to allow the construction of a 96
niche columbarium, which will allow storage for 192 urns. A columbarium is "a structure
of vaults lined with recesses for cinerary urns" (Webster's Dictionary). The zoning code
defines a religious institution as an organization having a religious purpose, which has
been granted a Federal tax exemption as a section 501(c)(3) organization under the
Internal Revenue Code, as amended, including churches, rectories, meeting halls,
schools and the facilities related to their use. The columbarium is intended for use by
members of the First Presbyterian Church and, as such, is a facility related to the use of
the church.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the city, and to
encourage the most appropriate use of land. It is the intent of the Ordinance to permit
the full use and enjoyment of property in a manner that does not intrude upon adjacent
property. The Board may grant the requested special exception if the requested action is
found to be in accordance with the regulations found in Section 14-4B-4D-14, pertaining
to religious institutions in the RS-5 zone, and the general standards for special
exceptions as set forth in Section14-4B-3.
Specific Standards: 14-413 4D-14 (page 199), Special Exceptions: Religious
Institutions. This section requires that religious institutions have access to a collector or
an arterial street and specifies minimum front and side setbacks of 20 feet and a minimum
rear setback of 50 feet. The existing church with the proposed columbarium will meet or
exceed all of these requirements.
The standards also indicate that proposed religious use should be designed to compatible
to adjacent uses. The proposed columbarium is located away from direct view from
residential properties and is small in comparison to the church building; it measures 5 feet
high and has a diameter of 7-10 feet. In addition to the wide setback, existing trees and
shrubs provide screening along Rochester Avenue. The church anticipates no significant
increase in traffic and therefore proposes no additional parking to accommodate the
columbarium. Because of its proposed location, size, and anticipated use, in Staff's view,
the columbarium will have no significant adverse affects of the livability of nearby
residential uses due to noise, glare from lights, late -night operations, odors, or litter.
General Standards: 14-413-3, Special Exception Review Requirements. The
applicant's statements regarding each of the general standards are attached. Staff
comments are offered as needed and correspond to the standards as enumerated in the
Zoning Ordinance.
a. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare. There is an existing church on
this property. In Staff's view the expansion of this religious institution to include a
columbarium will have no foreseeable effect on public health, safety, comfort or
welfare. The proposed columbarium is relatively small in scale (5 feet high and a
radius of 7-10 feet) when compared to the existing church building. The
columbarium will be located at least 50 feet away from Rochester Avenue and will
not be highly visible from adjacent residential properties. Although the columbarium
may generate occasional visitors, traffic associated with its presence is not expected
to increase significantly from traffic already generated by the existing church
services. The church has indicated that the proposed columbarium will not change
the intensity of use of the property by its members and does not anticipate any need
for additional parking.
b. The specific proposed exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity and will not substantially diminish
or impair property values in the neighborhood. As noted above, the
columbarium will not be highly visible from the street or neighboring properties. The
church property and the proposed location for the columbarium are screened by
established trees and bushes along Rochester Avenue, and the front setback is
more than the required 20-foot minimum setback. Traffic generated by the
columbarium should not exceed the type of traffic that is generated for memorial or
funeral services, which are already a part of church's function. The applicant has
provided information on property values of homes located next to cemeteries and
supporting statements from other churches that have established columbaria. Even
though cemeteries are more intense uses than columbarium, the information
submitted by the applicant indicates that the presence of a cemetery in a residential
neighborhood in the Iowa City area has not had a diminishing affect on property
values.
c. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the zone in which such property is located. The surrounding
residential properties are already fully developed.
d. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. Adequate utilities, access and drainage are in place to
serve the existing church on this property. The columbarium will not increase
demand on these facilities.
e. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets. The Church
has two driveways onto Mt. Vernon Drive and one onto Rochester Avenue. The
proposed columbarium would be located to the west of the driveway onto Rochester
Avenue. As noted traffic associated with the columbarium. should be negligible.
f. Except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception, in all other respects,
conforms to the applicable regulations or standards of the zone in which it is
to be located. The proposed addition complies with the dimensional requirements
for religious institutions in the RS-5 zone. Minimum 20-foot front and side setbacks
and the 50-foot rear setback are met or exceeded by both the church building and
the proposed columbarium.
g. The proposed use will be consistent with the short-range Comprehensive Plan
of the City. The Northeast District Plan, a component of the Comprehensive Plan,
identifies this area as appropriate for institutional uses, which would include religious
institutions.
STAFF RECOMMENDATION:
Staff recommends that EXC06-00003, an application for a special exception to allow a
columbarium addition to a religious institution in the Low -Density Single- Family zone at
2701 Rochester Avenue be approved, subject to general compliance with the plans
submitted with the application.
ATTACHMENTS:
1. Location maps
2. Photos of site
3. Application
4. Correspondence
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community
Development
CITY OF 10 W:9 CITYrll�
SITE LOCATION: 2701 Rochester Ave.
EXC06-00003
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APPLICATION TO I HE e`��`° 3
BOARD OF ADJUSTMENT
-SPECIAL EXCEPTION -
DATE: 3t PROPERTY PARCEL. NO. i nt ??7Qnm
PROPERTY ADDRESS: 2701 Racheatar Avenue
PROPERTY ZONE: _-Rs _9._._... _ . PWPERTY LOT 8IZE_ __t 9,6
APPLICANT: Nmrie: - _Fizat_Fr Brian Gh6g b
Address: Lb..0.1..Uc s:.:Menue, Iowa Litr
Phone: 319-351-2660
CONTACT PERSON: Name: Disk Irs.Wn
(if other than applicant)
Addta w; 2405 saddle j1 ub M N
Phone: 12-a2 i-5408
PROPERTY OWNER: Name: V isrt P-5b3z=.exianC}wrrh�
(If other than Applicard)
Address:
Phone:
Specifk Requested Special Exception; Applkwb% Ssrtion(*) of the Zoning Chapter:
Purpose for special exception-,-T�'laa cerium rlu for uee ar / nimr h nnn'Knro
Dstir of previous application or appeal fried, N any: Mot
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please see i4$C-2 In the Code for more derailed Inform6tien on special exception
application and approval procedures. planning staff are available to assist appilwots with
questions about the application prooess ar r"ulMlons and standards in the Zoning Code.
INEC?RMATtON TO BE PROVIVEb BY AP„P :
A. L&4W deaGripgon of property (attach se paanete sheet It neoessary).
W 195 AC of E 8.4$ AC SE
NW 1 f 4 12-79-6 ?.ots 150-1 A waghington Park add. part 7
8. *EWLRUmdrawn to scale showing:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures wMh dlstanm from property lines;
4. Abutting streets and alleys,
h. Surrounding land uses, including the locMon and r*C&M owner of owh
property oppamite or abutting the property In question;
6. Parking tpsoaaa and terse -existing and proposadL
,Submission of an 8 W" x 11" plot plena is pr*rred.
G. Review: The Goaard of Adjustment is empowered to qrant apecw exceptions to the
provisions of the Iowa City Zoning Code only in clrcumstsnms $pecHicaiiy
enumerated within the Coda. To ensure that the spirit of the ordinance is obemod
and substantial justioe done, no slpaclai exaepdw shall be granted by the Ord
unless tits applicant dernonstratee that all of the spatialfic and general approval
criterls we met, as described below.
• In onier to grant a special excepddA the Board must find
that the requeosd special exception masts the specific approval criteria tot froth
within the atoning code with respect to the prOposed axcaption. In the space
provided bslaw or on an attoched shook addrass the areas of Board review that
apply to the spacMc requested speela►l wmapfian. The applicant Is required to
present spectfle Information mat (last opinions, that dornonstra % that the requested
specW1 exception meats each of the apedft aappnavai criteria New In the Zoning
ewe. isrpmft approver crurip for sours vaW as special excepowu in the base zone we
sag forth in 14.4&4 of the Zening Code. For attwr types of specaad Owceptiorm • arw Mc*Wno
to astbsc M, parking requirements, etc. -refer to the rehvwd appmvei cn9waat NW*d in the
sWa. Manning staff it available to assist you in findane that relevent approval arltorla for
your rogw coded a;weption.) Attao;h aaddMiartsl shoot if na wmq.
Located on Rochester Avenue with a 28 ft. street set back will be
at least 50 feet from Rochester Avenue. Front and side set back at
least 20 feet.
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D. %onersl llWtyol Cerfteria: the Board roust also find that the ratiueotad special
exception meets the following general approval critsris or that tht3 fallowing
criteria do not apply. In the space, provided below, or on an adached sheet,
provide sae MC inftlrl►IAb not just opinions. that demonstrate that the specific
requested special exception meets the Qaatetat approval criteris listed below or
OW the approval criteria are oat relevant in your particular case.
1. The specific proposed exoepti m will not be detrknentel to or endanger the
public Health, safety, comfort or gartered wtlfare.
Farking lot or egress will not be changed.
This will not increase traffic or change the use of property by
church members.
it. The spsclffc proposed exception will not 0* Injufious to the use and
enjoyment of other pro In the Immediate vicinity and will not
substantially dlminlsh and impair property values in the neighborhood.
Prcperty values next to R cemetaxv or columbari.um will lot be
affected. See property values on homes next to St. Joseph, Oakland
and -Memory 0ardenr cemetaries. See evidence of home sale$.
I have researched real estate sales near cemeteries in Iowa City
and North Liberty. Sale prices have continued to go up in these
areas. I am a real estate professional with 25 years of experience.
3. FAtablishmsnt of the spaclflc proposed "affptlon WW not Impede the normal
and orderly development and irnprovement of tine surmunding property for
uses permitted in the d1whict In which such property Is kK*W&
All lots in this area have been built on or sold.
4. Adequate Wildest accea$ roads, drainage orW*r n6emm"ry facilities have
been or are being provided.
This will not effect traffic and will not require any utilities.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
No change.
All have already been established and constructed.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 144B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-6A through K) j
Will meet set back with no additional parking required.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
Yes. Code will allow for religious uses and this allows the
expansion of the church. This will be used only by church members.
-5-
E
List the namea and mallin@ addreamm of the record owners of sit property located
within 380 feet of the exterlar limits of the property Involved In this appeal:
am ADDRII-SS
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NOTE: Conditions. in permitting a specW exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fenoing,
construction Comme"coment and c+ompttUon deadlines, lighting, operational oenttols,
Imprkwed bWfk circubdoo requirements, highway ass restrictions, increased minimum
yard requirements, parking mquir merfffi, firriltffuo" on the dumilon of a use or pwrtttrahlp
or any other requirement which the Board deems appropriate under the circumstenoes
upon a finding that the conditions are ntaesssty to fulfill the purpo" and intent of the
peeing Chapter, ($talon I"W-03, City Coded ,
flUM& Untas othsrwiss dsanninsd by the Board, all orders of the Board shall
expire Wx (6) months from the cats the *Afton deablon is filed with the City Cle,*,
unless the applicant shall have taken action within to six (6) month period to
estsb{ish the use or construct the building permitted under the terms of the
Board'a decialon, such as by ebfei ft a building permit and proceeding to
completion in accordance with the terrns of the permit Upon wrilten request, and
foX good etu5f ahownt ttw Board may w*md the expiraRUM daft of W
without furdw public hearing on the merits of the original appeal or
(Section 144W4F, City Code). ,
P*AGft for writ oL 92WRMM Any pw*" or per, k$rft or sweetly, aggrievoo
by say do*" of t)w goard under Ute pfoviekno of the x xOm Cheow, or any
taxpayer or any Woer, department or board of the City may pr+asent to a court of
record a petition for writ of oartiora d duly verified, settag forth that such decision
Is illegal, in wholo or in part, and spWfying Hft grounds of tat ntegality. (Notion
144 W-T, City Code). Such p*UU*n shall be prwwded to tM court within thirty (30)
days alter the filing of the decision in the otftae of the City Cleric.
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96 Niches 192 Urn Spaces
x ICK H
OLac Du Bonnet iniche fronts
J �—O�� HIg�Z X 7'-1 0"� s�Z Diaeter and cap stone. Six inch thick cap
COLUMBARIA LLP $27,000.00 Delivered to your cemeteu stone with inscription.
I' Si.� inch ti�i� U cap stone with i�iscription is additional os,zo°' ''
Standard Columbarium Dimensions
6" THICK LAC DU BONNET
CAP STONE
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TOTAL DEPTH
SECTION VIEW
2006 JAN 27 PM 1+ 56
CITY C ERK
IOWA CITY IOWA
' Each niche holds two standard sized urns.
' Pre -assembled and delivered complete to
your cemetery.
• The columbarium can be finished in your If
choice of five standard granite colors.
• The York weighs approximately 14,000
pounds.
E ICKHOF
COLUMBARIA LLP
P.O. Box 537
Crookston, MN 56716-0537
1-800-253-0457
Visit us on our web situ at
www columbariumniches.com
Copyright m 2003 Eickhof Columbaria LLP
1999 Eickhof Columbaria LLP
Eickhof Columbaria LLP products are covered under the following
PLAN VIEW United States patents: 4,644,711 5,195,812 Des 395,121
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Listing Custom Detail
Page 1 of 2
SINGLE FAMILY/ACREAGE AGENT REPORT
M
�
MLS #: 1970447.5 Status: Sold
Ownership Type: Single Family
°d
Address: 704 RENO ST
City,State,Zip: Iowa City IA 52245
Area: Iowa City
List Price: $220,000 Original Price: $220, 0
Owner Name (L,F,MI): GAINES GARY
List Agentl: INACTIVE AGENT
°
List Brokerl: Blank & McCune, The Real Estate C... Off(319) 3
w
List Agent2:
List Broker2:
°
Listing Date: 6/26/1997 Expiration Date: 11/17/1997
County: Johnson
Subdivision:
Zoning:
Lot Dim:
297X155
Acreage:
1.10
SgFt Above:
1675
Fin SgFt Lower:
0
Tax ID:
63676004
Grss Tx (Cnty/City):
2420.00
Tax Year Report:
0
Annual Assoc Fee:
0.00
Year Built:
1868
New Construction:
No
# Fireplaces:
0
Variable Rate: No
Mstr BR Level:
Lower
Size:
14 X 11
Comm. to SB ($/%): 3.00
Living Rm Level:
Lower
Size:
14 X 15
T-Val:
Dining Rm Level:
Lower
Size:
14 X 12
Lease Value:
Kitchen Level:
Lower
Size:
18 X 11
Family Rm Level:
Size:
0 X 0
Garage Size:
0 X 0
#
BR
FBath
3/4Bath
HBaths
Elementary School: Mann
Jr./Middle School: Southeast
High School: City
Internet: Yes
Upper
2
1
0
Main
1
0
0
Lower
0
1
0
Total
3
2
0
Pending Date: 10/31/1997 Sold Price: $214,000 Selling Agent 1: JEFF EDBERG (319) 331-618
Closing Date: 11/28/1997 Sales Term: Conventional Selling Office 1: COLDWELL BANKER REAL ESTATEOff(319) 351-:
AMENITIES:
INTERIOR: Cable TV Connections
ROOMS: DR Separate
KITCHEN BREAKFAST:
EQUIPMENT: Dishwasher, Disposal, Range/Oven
FEE INCLUDES:
BASEMENT: Partial
LAUNDRY TYPE:
FIREPLACE TYPE: Wood Burning
HEATING: Gas, Forced Air
ENERGY RELATE: Water Heater -Gas
CONSTRUCTION: Aluminum, Brick, Brick Frame
STORIES/STYLE: 1.75 Stories
LOT DESCRIPTION: Wooded
POSSIBLE FINANCE: Cash, Conventional
IDX:
SHOWING INSTRUCTIONS:
Directions:
Addendum:
PARKING:
Carport, Detached
LAUNDRY LOCATION:
FIREPLACE LOCATION: In Living Room
COOLING:
WATER/SEWER: City Sewer, City Water
EXTERIOR:
Hot Tub, Patio
ROOF TYPE:
PHOTO CODE:
OWNERSHIP:
r-
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POSSESSION:
C7
fv
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UNIQUE PROPERTY -WONDERFULLY RESTORED.THOR000HLY MODERN KITCHEN + WOODBUR za:
RANGE.SKYLIGHTS,SOLARIUM,HOT TUB.UNFIN 30X30 STUDIO ADDN.2 CITY LOTS.MAPLE FLO "INING
WINDOWS,BRICK WALL CONSTRUCTION. PRIVATE! ••
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is deemed reliable, but not
http://icaarmis.fnismis.comIParagonlsearchICustomLayout.asp?view=29&layout_id= l 03&... 10/1 /2004
Pin 1002301014
Deed MACVEY, ALAN
Contract
Address 1124 CONKLIN LN
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Area 20100-Res
Plat Map 10-02-3N
Legal
home I parcel search I residential sale search I commercial sale search
Current Value Information
Land Value Dwelling Value Improvement Value Total Value
85,560 227,530 0 313,090
Residential Building Information
Occupancy Style Year Built Total Living Area
Single -Family / Owner Occupied 2 Story Frame 1910 2,958
Description
SMALL BARN 20 X 32
Lot Basis
Acres x Rate
Acres x Rate
Acres x Rate
Yard Extra Information
Item Count
Land Information
Square Feet
Sale Information
Sale Date Amount NUTC
11/30/1999 405,000 021 Lot Assessed as Unplatted Land
5/13/1977 74,500 000 Normal Arms -Length Transaction
,41
Sketch
Yearuilt
1
c _
1920
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=
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--11
7'
Ares`,r''
43,560
cry
1.00
8,712
UN
0.20
219,107
5.03
Recording
2873-63
487-91
1of5
SINGLE FAMILY/ACREAGE AGENT REPORT
MLS #: 19907290 Status: Sold
Ownership Type: Single Family
Address: 1124 CONKLIN LN
City,State,Zip: Iowa City , IA 52245
Area: Iowa City DOM: 153
List Price: $398,000 Original Price: $398,000
Owner Name (L,F,MI): MACINDOE
List Agents:
LYNN WEINSTEIN
List Brokerl:
Blank & McCune, The Real Estate C...
List Agent2:
List Broker2:
Listing Date:
9/8/1999 Expiration Date:
County:
Johnson Assoc Doc
' Subdivision:
(319)400-0355
Off (319) 354-9440
2/8/2000
0
Builder: # Fireplaces: 0
Variable Rate: No
Zoning: Mstr BR Level: Lower
Size: 16 X 17 Comm. to SB ($/%): 2.50
Lot Dim: Living Rm Level: Lower
Size: 18 X 15 T-Val:
Acreage: 6.23 Dining Rm Level: Lower
Size: 16 X 31 Lease Value:
SgFt Above: 2978 Kitchen Level: Lower
Size: 25 X 12
Fin SgFt Lower: 0 Family Rm Level: Lower
Size: 21 X 17
Tax ID: 1002301014 Garage Size: 0 X 0
Virtual Tour:
Grss Tx (Cnty/City): 3202.00 # BR FBath 3/4Bath HBaths
Tax Year Report: 0 Upper 3 2
0 Elementary School: Mann
Annual Assoc Fee: 0.00 Main 1 1
0 Jr./Middle School: Southeast
Year Built: 1910 Lower 0 0
0 High School: City
New Construction: No Total 4 3
0 Internet: Yes
Buyers Name:
MAEVEY
Pending Date: Sold Price: $405,000 Selling Agent 1:
KAY BRAVERMAN (319) 331-1642
Closing Date: 11/30/1999 Sales Term: Conventional Selling Office 1:
LEPIC-KROEGER, REALTORS Off (319) 351-8811
AMENITIES:
INTERIOR: Cable TV Connections, Whirlpool
ROOMS: 1st Floor Family, DR Separate, Other
KITCHEN BREAKFAST:
EQUIPMENT: Dishwasher, Disposal, Range/Oven, Refrigerator, Dryer, Washer
FEE INCLUDES:
BASEMENT: Block, Crawl, Full
PARKING: Detached, 2 Cars
LAUNDRY TYPE:
LAUNDRY LOCATION:
FIREPLACE TYPE:
FIREPLACE LOCATION: In Great/Family R9"
HEATING: Gas, Forced Air
COOLING: Central
ENERGY RELATE: Water Heater -Gas
WATER/SEWER: City Sewer, 41_ "aterr
CONSTRUCTION: Frame, Vinyl
EXTERIOR: Deck, Patio, Porcli
STORIES/STYLE: 2 Stories
ROOF TYPE:
LOT DESCRIPTION: Wooded
PHOTO CODE:
POSSIBLE FINANCE: Cash, Conventional
OWNERSHIP: FT 1
IDX:
POSSESSION: 0
SHOWING INSTRUCTIONS:
-:
Directions: NORTH ON DODGE/SOUTH ON CONKLIN
c!7
C7'►
Remarks: BREATHTAKING PROPERTY! COMPLETELY UPDATED W/SPECTACULAR ARCHITECTURALLY DESIGNED ADDITIONS:
16X29 SCREENED PORCH, MULTI -LEVEL DECKING, EAT -IN KITC HEN, MSBDRM SUITE. PROFESSIONAL
LANDSCAPING..BEYOND BELIEF. MUST VIEW! ORIG INAL CARRIAGE
HOUSE (AS IS). POSSIBLE LAND DIVISION (CALL
L.O.) 5 ACRES FOREST RESERVE.
Addendum:
This information is deemed reliable, but not guaranteed
home I parcel search I residential sale search I commercial sale search
Pin 1002351013
Deed MOWERY, GLEN R
Contract
Address 1026 SAINT CLEMENTS ALY
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map
Area 20100-Res
Plat Map 10-02-3S
2591-- ST. MATTHIAS 2ND ADDI TION COM SE COR
INTER ST CLEMENTS ALLEY WITH ST PETERS
ALLEY; N 65 DEG E 143% S 35 DEG E 387% S 6 DEG
Legal E 513% S 85 DEG W 24% N 59 DEG W 294% S 72 DEG
W 145' TO E/L OF ALLEY; N 295% N 65 DEG E 154% N
90';
Current Value Information
Land Value Dwelling Value Improvement Value
Total Value
69,400
82,770 0
152,170
Residential Building Information
Occupancy
Style Year Built
Total Living Area
Single -Family
/ Owner Occupied
1 Story Brick 1900
955
Yard Extra Information
Description
Item Count
Ya Bui*
�60
Sheds
1
C7 - ' ry
-c�
Land Information,:`
_
Lot Basis
Square Feet
D kares
Acres x Rate
43,560
Cn
1.00
Acres x Rate
163,786
3.76
Sale Information
Sale Date Amount NUTC Recording
12/15/2003 205,000 000 Normal Arms -Length Transaction 3679-587
Johnson County GIS Online
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SINGLE FAMILY/ACREAGE AGENT REPORI
MLS #: 20033601 Status: Sold
Ownership Type: Single Family
Address: 1026 ST CLEMENTS
City,State,Zip: Iowa City IA 52240
Area: Iowa City DOM:
List Price: $250,000 Original Price: $250,000
Owner Name (L,F,MI): VRCHOTICKY, DONALD &...
82
List Agentl: BARB ROBERTS (319) 887-6385 ext..
List Brokerl: GATEWAY ACCESS REALTY Off (319) 665-4300
List Agent2: POLLY RIGGAN (319) 631-1432
List Broker2: IOWA REALTY Off (319) 354-0581
Listing Date: 9/12/2003 Expiration Date: 12/28/2003
County: Johnson Assoc Doc 0
Subdivision:
Builder:
# Fireplaces: Variable Rate: No
Zoning: RM-12
Mstr BR Level: Upper Size: 13 X 12 Comm. to SB ($/%): 3.0
Lot Dim: 4.76 ACRES M/L
Living Rm Level: Main Size: 13 X 13 T-Val: 0.00
Acreage: 4.76
Dining Rm Level: Main Size: it X 12 Lease Value: 0
SgFt Above: 955
Kitchen Level: Main Size: 12 X 9
Fin SgFt Lower: 0
Family Rm Level: None Size: X
Tax ID: 1002351013
Garage Size: 24 X 30 Virtual Tour:
Grss Tx (Cnty/City): 1881.00
# BR FBath 3/4Bath HBaths
Tax Year Report: 2002
Upper 2 1 0 0 Elementary School: Mann
Annual Assoc Fee: 0.00
Main 0 0 0 1 Jr./Middle School: Southeast
Year Built: 0
Lower 0 0 0 0 High School: City
New Construction: No
Total 2 1 0 1 Internet: Yes
Buyers Name: MOWERY
Pending Date: 12/3/2003 Sold Price:
$205,000 Selling Agent 1: MARY DAVIN (319) 338-7549
Closing Date: 12/15/2003 Sales Term:
Conventional Selling Office 1: DICK DAVIN REAL ESTATE Off (319) 338-7549
AMENITIES: None
INTERIOR:
ROOMS: DR Separate
KITCHEN BREAKFAST:
EQUIPMENT:
FEE INCLUDES: None
BASEMENT: Block, Entrance -Inside
PARKING: Detached, Garage
LAUNDRY TYPE:
LAUNDRY LOCATION: Basement
FIREPLACE TYPE:
FIREPLACE LOCATION: None
HEATING: Forced Air
COOLING: Central
ENERGY RELATE: Water Heater -Gas
WATER/SEWER: City Sewer, City Water
CONSTRUCTION: Brick, Frame
EXTERIOR: Outbuildings
STORIES/STYLE: 2 Stories
ROOF TYPE: Metal/Steel
LOT DESCRIPTION: 2-5 Acre
PHOTO CODE:
POSSIBLE FINANCE:
OWNERSHIP:
IDX: No
POSSESSION: Negotiable
SHOWING INSTRUCTIONS: Lockbox
Directions: NORTH DODGE TO ST CLEMENTS
Remarks: 4.76 ACRES ZONED RM-12, 1 1/2 STORY TURN OF THE CENTURY HOME WITH 2 LARGE OUTBUILDINGS SURROUNDED BY
WOODED RAVINES. HOUSE "AS IS".
COMMERCIAL POTENTIAL. CO -LISTED WITH POLLY RIGGAN.
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c
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Addendum:
fV
This information is deemed reliable, but not guaranteed.,
0 .�
cn
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Johnson County GIS Online
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533 4 530 2704z2410 � j 12 2406 2414 2502 2510 537 �� 2618 531
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I
Pin 1013254021
Deed ILGENGRITZ, RYAN M & LAUREN E
Contract
Address 2502 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Area 20900-Res
Plat Map 10-13-2S
Legal 0821--13A EAST HILL CONDOMINIUM S UNIT 13A
Current Value Information
Land Value Dwelling Value Improvement Value
23,260 108,340
Residential Building Information
Occupancy Style Year Built
Condominium Split Foyer Frame 1998
Lot Basis
Sq. Ft. x Rate
Sale Date
6/1 /2005
8/7/2002
8/6/1999
Land Information
Square Feet
Sale Information
Amount NUTC
142,000 008 Condominium Sale
135,000 008 Condominium Sale
118,500 008 Condominium Sale
Building Permit Information
Date Number Amount
11 /4/1998 98-0724
Sketch
Total Value
0 131,600
Total Living Area
956
Acres
7,383 0.17
Recording
3886-441
3354-698
P-,
2804-227
C
Cj
1
N
CReaseh
+\i-
IFS,
0 New DwRi-I I
Cn
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Pin 1013254019
Deed CHRISTENSON, SHAUN, CHRISTENSON, DANA
Contract
Address 2512 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Ma P
Area 20900-Res
Plat Map 10-13-2S
Legal 0055--12A 12A-1213 EAST HILL CON DOMINIUMS
12A-12B EAST HILL CONDOMINIUMS UNIT 12A
1 OF 2
Photo: 1 2
Photo Comments
Current Value Information
Land Value Dwelling Value Improvement Value
20,930 111,150
Residential Building Information
Occupancy Style Year Built
Condominium Split Foyer Frame 1999
Lot Basis
Sq. Ft. x Rate
Sale Date
5/25/2004
9/30/1999
7/1 /1999
Land Information
Square Feet
Sale Information
Amount NUTC
134,000 008 Condominium Sale
107,900 008 Condominium Sale
40,500 034 Vacant Lots
Building Permit Information
Total Value
0 132,080
Total Living Area
956
Acres
4,650 0.11
O R&'Ording
c_
3742-224
28�fl-192
C)
-�
-7-$5-56
cn
rn
home I parcel search I residential sale search I commercial sale search
Pin 1013254018
Deed GEHRIS, CATHERINE E REDDING
Contract
Address 2514 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Ma P
Area 20900-Res
Plat Map 10-13-2S
1 OF 2
Legal 0055-12B 12A-1213 EAST HILL CON DOMINIUMS
UNIT 12B
Photo: 1 2
Photo Comments
Current Value Information
Land Value Dwelling Value Improvement Value
20,930 109,650
Residential Building Information
Occupancy Style Year Built
Condominium Split Foyer Frame 1999
Lot Basis
Sq. Ft. x Rate
Sale Date
3/31 /2004
10/11 /1999
7/1 /1999
Land Information
Square Feet
Sale Information
Amount NUTC
135,000 008 Condominium Sale
109,854 008 Condominium Sale
40,500 034 Vacant Lots
Building Permit Information
Total Value
0 130,580
Total Living Area
928
Acres
4,650
0.11
-yr =7ec
dir qt,
-
3 722P 17 7
2a464268
--,
2T�-56
D
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home I parcel search I residential sale search I commercial sale search
Pin 1013254015
Deed OBRIEN, MICHAEL J
Contract
Address 2532 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map
Area 20900-Res
Plat Map 10-13-2S
Legal 0043-10-A 1OA-10B EAST HILL CON DOMINIUMS
UNIT 10A
Current Value Information
Land Value Dwelling Value Improvement Value
20,670 107,470
Residential Building Information
Occupancy Style Year Built
Condominium Split Foyer Frame 1999
Lot Basis
Sq. Ft. x Rate
Sale Date
8/7/2003
4/5/2000
9/3/1999
Land Information
Square Feet
Sale Information
Amount NUTC
134,000 008 Condominium Sale
111,400 008 Condominium Sale
40,500 034 Vacant Lots
Total Value
0 128,140
Total Living Area
956
Acres
4,594 0.11
Recording
3669-883
2931-14
2823-327
Building Permit Information
Date Number Amount so
9/1/1999 99-0629 147,659 New Dwic
FYI
Sketch A '"
cst
home I parcel search I residential sale search I commercial- sale search
Pin 1013254012
Deed FRANTZ, AMY R,TSHILUMBA, JEAN-CLAUDE
Contract
Address 2542 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map
Area 20900-Res
Plat Map 10-13-2S
Legal 01 7--9A 9A-913 EAST HILL CONDO MINIUMS UNIT
Current Value Information
Land Value Dwelling Value Improvement Value Total Value
20,930 120,840 0 141,770
Residential Building Information
Occupancy Style Year Built Total Living Area
Condominium 2 Story Frame 2001 1,432
Land Front Foot Information
Lot Front Rear Side 1 Side 2
Main Lot 75.00 75.00 122.00 122.00
Sale Date
7/21 /2002
7/12/2002
9/28/2001
7/12/2001
Date
Sale Information
Amount NUTC
129,500 008 Condominium Sale ',� 1-16 yin74
152,900 008 Condominium Sale Aelellz�-�c%
143,325 008 Condominium Sale
40,000 034 Vacant Lots
7/10/2001
Recording
3341-248
3340-79
3152-434
3093-170
_
O
hJ
C_
Building Permit Information
Number Amount Aeasdn i !
j
01-00403 155,656 New Dw
`-'
CA
_j
home I parcel search I residential sale search I commercial sale search
Pin 1013255001
Deed BOUDREAU, RYAN L,KATTRE, ROBIN C.
Contract
Address 2552 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map
Area 20900-Res
Plat Map 10-13-2S
Legal 01 0--8A 8A-8B EAST HILL CONDO MINIUMS UNIT
Current Value Information
Land Value Dwelling Value Improvement Value Total Value
21,670 118,390 0 140,060
Residential Building Information
Occupancy Style Year Built Total Living Area
Condominium Split Foyer Frame 2000 1,040
Land Front Foot Information
Lot Front Rear Side 1 Side 2
Main Lot 73.00 87.00 121.00 121.00
Sale Information
Sale Date Amount NUTC Recording
7/25/2003 137,000 008 Condominium Sale 3608-133
3/19/2001 130,000 008 Condominium Sale 3045-744
1/25/2000 40,000 034 Vacant Lots 2899-268
Building Permit Information
Date Number Amount R&ason
2/7/2000 00-00083 160,026 New DwIg § 9
Sketch
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wa City Assessor
Pin 1013255002
Deed MAPLE GROVE FARM OF WELLMAN INC
Contract
Address 2554 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Map
Area 20900-Res
Plat Map 10-13-2S
home I parcel search I residential sale search I commercial sale search
Legal 081130--86 8A-813 EAST HILL CONDO MINIUMS UNIT
Current Value Information
Land Value Dwelling Value Improvement Value Total Value
21,670 118,390 0 140,060
Residential Building Information
Occupancy Style Year Built Total Living Area
Condominium Split Foyer Frame 2000 1,040
!_and Front Foot Information
Lot Front Rear Side 1 Side 2
Main Lot 73.00 87.00 121.00 121.00
Sale Information
Sale Date Amount NUTC Recording
1/5/2.005 149,365 008 Condominium Sale 3839-20
12/29/2004 0 006 Sheriff or Tax Sale 3832-842
5/21/2001 132,600 016 Improvements After Jan. 1 of Sale Year, but Prior to Actual Sale Date 3066-136
1/25/2000 40,000 034 Vacant Lots 2899-268
Building Permit Information '
Date Number Amount71
sorry
8/1/2000 00-00592 4,500 Bsmt Finish— M.
2/7/2000 00-00083 160,026 New Dwlg S ,.
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home I parcel search I residential sale search I commercial sale search
Pin
1013254008
Deed
CLARK, ELIZABETH C,CLARK, JONATHAN K
Contract
2562 CATSKILL CT
Address
IOWA CITY IA 52240-0000
Class
RESIDENTIAL
Area
20900-Res
Plat Map 10-13-2S
Legal 0/1�21--7A 7A-7B EAST HILL CONDO MINIUMS UNIT
Current Value Information
Land Value Dwelling Value Improvement Value
23,250 150,780
Residential Building Information
Occupancy Style Year Built
Condominium Split Level Frame 2000
Lot Basis
Sq. Ft. x Rate
Land Information
Square Feet
1 OF 2
Total Value
0 174,030
Total Living Area
1,428
Acres
6,888 0.16
Sale Information
Sale Date Amount NUTC Recording
8/12/2003 174,500 000 Normal Arms -Length Transaction 3622-335
6/23/2000 171,727 008 Condominium Sale 2979-120
ram.
>
Building Permit Information -j
Date Number Amount c -ReaQgn
11/16/1999 99-00874 295,304 New DwIki- - , MI
`D cn
Sketch -.e
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Pin
1013281017
Deed
FISHER, ERIC K & KRAMARENKO, GALINA G
Contract
Address
2616 CATSKILL CT
IOWA CITY IA 52240-0000
Class
RESIDENTIAL
Map
20900-Res
Area
Plat Map 10-13-2S
Legal 0114--5A 5A-513 EAST HILL CONDO NMINIUMS 5A-
513 EAST HILL CONDOMINIUMS UNIT 5A
Current Value Information
Land Value Dwelling Value Improvement Value
20,580 139,430
Residential Building Information
Occupancy Style Year Built
Condominium Split Level Frame 1999
Lot Basis
Sq. Ft. x Rate
Land Information
Square Feet
Sale Information
1 OF 2
Total Value
0 160,010
Total Living Area
1,720
4,573
Acres
0.11
Sale Date
Amount NUTC
Recording
7/14/2004
167,000 008 Condominium Sale
3768-597
7/15/1999
137,500 008 Condominium Sale
2785-125
11/12/1.998
42,500 034 Vacant Lots
2620-298
- -
O ru
ccz
Building Permit Information
Date
Number Amount
- rRea4
r=
1/14/1999
98-0825 160,000
r
New ID�p(lt�?i
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home I parcel search I residential sale search I commercial sale search
Pin 1013281016
Deed KUENNEN, GREGORY S
Contract
Address 2618 CATSKILL CT
IOWA CITY IA 52240-0000
Class RESIDENTIAL
Ma P
Area 20900-Res
Plat Map 10-13-2S
Legal 01114--513 5A-513 EAST HILL CONDO NMINIUMS UNIT
Current Value Information
Land Value Dwelling Value Improvement Value
20,580 138,850
Residential Building Information
Occupancy Style Year Built
Condominium Split Level Frame 1999
Lot Basis
Sq. Ft. x Rate
Land Information
Square Feet
Sale Information
20F2
Total Value
0 159,430
Total Living Area
1,720
4,573
Acres
0.11
Sale Date
Amount NUTC
Recording
3/10/2004
157,950 008 Condominium Sale
3705-799
1/18/2002
150,000 008 Condominium Sale
Q
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3215-34
8/10/1999
119,380 008 Condominium Sale
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2804-263
11/12/1998
42,500 034 Vacant Lots
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Building Permit Information
Date
Number Amount
D Rea bn
1/14/1999
98-0825 160,000
New Dwlg
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SAINT ALBAN'S EPISCOPAL. CHURCH
23RD AND ZENITH PO BOX 85 SPIRIT LAKE, IA 51360
712-336-1117
THE REVEREND MARTHA ROGERS, RECTOR 712-336-9337
August 30, 2005
Dear Church Council and Clergy,
St. Alban's Church has an outdoor columbarium that contains 27 niches and is located on
our property. This property was surrounded on the south by empty house lots, on the
west by the hospital's property, on the east by an apartment housing unit and the church
itself sits to the columbarium's north.
Just this summer we installed a brick walkway which reaches from our driveway to the
columbarium and ends in a brick patio for columbarium services.
The southern empty lots were divided and plumbed last summer by their owner. Now the
houses are going up at a terrific rate ... we are quickly becoming a neighborhood! (As of
today, there are 7 new residential structures and 3 more in construction where fields used
to abut our property.) The hospital, house owners and apartment residents all appreciate
and value our columbarium. They respect our sacred space and many have voiced their
opinion that this ensures the value of their lots as nothing else will ever be built there or
put on our own property. I have not heard one comment against the columbarium or any
negativity against the neighboring properties because of the location of our columbarium.
Rather, I have received appreciation for how we have decided to use our church yard.
The columbarium itself has seen a 65% increase in reserved niches in the past two years
as our own congregation values the use of our property in this way. We are currently
planning a second columbarium in our church yard since the present one (approx. 8 years
old) is reaching capacity of full niches and reservations.
In my opinion, a columbarium built on a church property is a very positive and
appropriate use of such property. Churches honor and care for the remains of the dead
and often beautify columbarium property and maintain this area better than they had
previously. It is a win -win deal —for the church, for the families involved and for the
neighbors to your property. This is my experience with our columbarium.
Sincerely,
The Rev. Martha Rogers
Church Pews and Seating, Inc.
2310 Dewes Street
Glenview, IL 60025
Toll free: 877.278.6233
Local/fax: 847.410.8488
August 30, 2005
Dick Brown
2701 Rochester Avenue
Iowa City, IA 52245
Dear Mr. Brown:
Thank you for the call the other day. I have been searching for references regarding
your situation. We have not had a problem like this to my knowledge.
Some churches that might help are:
• St. John's in Ames, IA. They have any interior and exterior unit. I think you have
their number, but if you don't, let me know and I will get it to you.
• Village Presbyterian, 1300 Shermer Road, Northbrook, IL 60062-4577 (847)
272-0900 Website http://www.tvpchurch.org - custom exterior
• First Congregational Church of Crystal Lake, 461 Pierson Street, Crystal Lake, IL
60014 (815) 459-6010 Website http://fcccrystallake.org. - custom exterior
• Notre Dame in Clarendon Hills, IL, 64 Norfolk Avenue, Clarendon Hills, IL 60514
(630) 654-3365 Website http://www.notredameparish.orgAndex.htm - pre -
assembled
All of these churches are in residential areas or have residences nearby. I have not
contacted any of them to tell them about your call either. I can do that if you'd like. I am
also including a contact in Crystal Lake, who is fund raising for a columbarium now -
Bob Visin. He is in the commercial real estate field.
Please call me with questions. I am here to help.
Sincerely,
Tim Sewell
FROM : REMAX REAL ESTATE CENTRE
TAU" W. CARPNNTER
STEPNEN D. MARDY
kowit'P C, T}IOMSON
CRAIG S. SHANNON
PATRICKI. hicNULTY
M1ARR W THOKM
GUY COOK
ANDEEW D. BALL
DOWA IL AaLLER
.S!<IQEiAEL.A. CARMONBY
CLARK I. bQ=I=
USA R. mmm
NICMLAS). MAURO
PHONE NO. : 319 337 4431
GREFE & SIDNEY, PL.C.
NrMRNBYS Al, LAW
222-9 CRAM) AVENUE
P.O. BOX 10434
I)RS MOINES, IOWA 5n3013
TELEPRONR PACSIMILB
�slsl zas �auo
(515) 2A6d4liY.
Otfiva also in Pella, Iowa
wwW.grdCAidney.C=
February 7, 2006
Feb. 17 2006 11:09AM P2
ANITAL. DHAR
IRFMY P. PISyER
8AMANTMA S. W1LLE1'S
AMY E. II NUAMR
BJACOE CUMMINGS
ARTMM BRMMV
JULTA L. NOOSE
JESSICA L. CL=Rz&MN
or OWN=
HENRY 4 HARMON
JOaN WERMIR
R0% IL 3MM
CLAUDB 8. RUMAN
Dick Brown ROWAM S. GREMa
Zy ;;• �',r,.�yE?...:. ; .. ,ate `•, j•„ -
'•ve
Dear W.
' • $town:
You have requested information concerning whether or not the building of the outdoor columbarium wall
at:S,T.: Timothy's Episcopal Church had an adverse effect on property values in the immediate vicinity of
the church. The church is located at the corner of 24th Street and.Ashworth Road in West Des Moines,
Iowa. The columbarium wall was constructed on the church property in 1999,
There are three properties in the immediate vicinity of the church which sold in the few years before the
columbarium wall was constructed and then have been sold again since the well was constructed.
These properties are:
2325 Ashworth Road Sold 5/16/1997 for $100,000.00
Sold 11/19/2005 for $150,000.00
1027 24th Street Sold 6/09/1998 for $138,900.00
Sold 1/08/2001 for $149,900.00
2301 Ashworth Road Sold 12/13/1996 for $103,000.00
:.. Sold 10/19/2005 for $162,540.00
':..This information was obtained from the website containing the records of the Polk County Assessor.
'.:','If 'you• rieed any further information, please contact me.
Very truly Yours �
Thomas W. Carpezl r
.TWC•rlf; .
MINUTES PRELIMINARY
IOWA CITY BOARD OF ADJUSTMENT
FEBRUARY 8, 2006
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
MEMBERS PRESENT: Carol Alexander (arrived at 5:04), Karen Leigh, Michelle
Shelangouski, Ned Wood, Michael Wright
MEMBERS ABSENT: NONE
STAFF PRESENT: Robert Miklo, Sarah Walz, Sarah Holecek
OTHERS PRESENT: Tim Terry
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:02 PM.
CONSIDERATION OF THE JANUARY 12, 2005 BOARD MINUTES
Wright said there is a mistake on the second page of the minutes, fifth paragraph, instead of
Doub it should be Doug.
MOTION: Shelangouski moved to approve the minutes with the approved corrections.
Wood seconded the motion.
Motion passed with a 4:0 vote.
SPECIAL EXCEPTIONS:
EXC06-00001 Discussion of an application submitted by Willowwind School for a special
exception for a school of generalized instruction and a reduction of the rear setback from 50 feet
to 38 feet for property located in the High Density Single -Family Residential (RS-12) zone at
950 Dover Street.
Walz said that general educational uses are allowed in the RS-12 zone by special exception.
Walz said the building was originally constructed as a church and was later used as a Moose
Lodge. She stated that a portion of the building is currently rented by the Moose to Faith
Holiness Apostolic Church.
Walz said there are specific requirements in the code for general education facilities in that zone.
She noted that the proposed use must not have a significant adverse effect on the livability of the
adjacent residential uses. Walz stated that in the staff s view the proposed use will not have
significant adverse affects on the livability of nearby residential uses. She noted that Willowwind
School operates on a similar schedule to the Iowa City public schools. Walz said the transition to
an educational use will not result in any change to the building size or any expansion of the
parking lot as it has been established.
A second requirement is that vehicular access to the proposed use is limited to streets with a
width of minimum 28 feet. Walz said that vehicular access to the school will be along a collector
2
street, Dover, and an arterial, Muscatine, which both meet the minimum requirement of 28 feet
specified in the code. She noted that with the previous special exception for this property,
neighbors expressed some concern regarding the volume of traffic on Muscatine Avenue and the
limited visibility on Dover Street due to the curve north of the entrance to the property. Walz
said on -street parking has been restricted along Dover Street in order to maximize visibility at
this location. She said the existing traffic control at the Dover/ Muscatine intersection has been
evaluated by traffic engineers and has been determined to be appropriate.
Walz said that the proposed use must be designed to be compatible with adjacent uses. She
added that in 2000 the Board of Adjustment granted two special exceptions for the property to
allow the building to be used as a church and full-time daycare facility for approximately 35
children. Walz said that at the time these special exceptions were reviewed, neighborhood
residents expressed concern about the lack of sidewalks connecting Muscatine Avenue directly
to the property as well as traffic safety issues along Dover Street and Muscatine Avenue. She
noted that both special exceptions were granted subject to screening requirements for the parking
lot and construction of a sidewalk along the Dover Street right-of-way from Muscatine to the
property entrance. While a religious group has rented space in the building for the past five
years, the daycare center was never developed at this site and the required modifications were
never installed.
Walz said that it is also required that the use comply with the multi -family site development
standards. She noted that, according to the design standards, any portion of the parking lot that is
visible from Dover Street should be screened to the S2 standard. She said the screening between
the parking lot and neighboring yards is appropriate, but the screening in the front should be
brought to S2 standard as specified in the code. She added the parking lot may be required to
have some additional trees and landscaping to meet design review standards.
Walz said the minimum setback requirements are exceeded on all sides of the building with the
exception of the rear setback, which is approximately 40 feet, where a 50 foot setback is
required. She noted the setback requirements are intended to provide space in order to buffer
adjacent property from the more intensive use that such facilities generate. Walz said the new
zoning code requires that new structures intended for such uses provide off-street parking at the
rear, which is one of the reasons for the larger rear setback requirement. She said the parking on
the property is already established as a nonconforming accessory use in front of the principal
building. She added the back fagade of the building is blank, and Willowwind has indicated that
this portion of the property will be used only as an emergency exit and will not serve as a
designated play area for the students. Walz stated the topography of the site, combined with the
existing privacy fence along the property line provides an adequate buffer, screening these
properties from the additional noise and traffic generated by the school.
Walz noted that in addition to the specific standards required for a general education facility in
the RS-12 zone, there are general standards that are always applied when considering a special
exception.
The specific proposed exception will not be detrimental to or endanger the public healthy,
safety, comfort or general welfare. Walz said there is adequate vehicular access and parking
necessary to support the proposed use. She noted that subject to the applicant constructing a
direct sidewalk connection from the current sidewalk end, north of the property entrance, to
Muscatine Avenue along the east side of Dover Street, staff finds that the proposed special
3
exception will not be detrimental to or endanger the public health, safety, comfort or general
welfare.
The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood. Walz said the change to an educational use with limited student
enrollment should have minimal effect on surrounding properties. She noted that the school
operates during the weekdays from 8AM to 5:30 PM, and thus traffic and noise generated by the
school will be limited. She added that existing screening along the rear of the lot and between the
parking lot and adjacent property should provide adequate buffer for the neighboring residential
uses. Walz said that the establishment of landscape islands with trees within the parking lot and
additional landscape screening as spelled out in the multi -family site development standards will
minimize the visual effect of the large parking lot and bring the site closer to conformance.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
in which such property is located. Walz said that the surrounding properties are already
developed, and the proposed exception will not impede the normal and orderly development and
improvement of the surrounding property.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Walz said that the vehicular access to the property via a collector and an arterial street
meets the requirements for educational uses established in the RS-12 zone. She noted the
construction of a sidewalk will ensure safe pedestrian access to the property. She stated that a
fire lane will need to be identified along the building to provide access for emergency vehicles.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. Walz noted that on -street parking has been
restricted along Dover Street in order to maximize visibility at that location. She said the existing
traffic control at the Dover/ Muscatine intersection has been evaluated by traffic engineers and
has been determined to be appropriate.
Except for the specific regulations and standards applicable to the exception being
considered, the specific exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is located. She noted that with the addition of
the sidewalk access to Muscatine, and appropriate screening of the parking lot, the property as it
exists is appropriate for this use. Walz said that the applicant is required to submit a site plan to
the building official for review and will be subject to all other requirements of the Zoning Code.
She added the site plan must meet the Construction and Design Standards for off-street parking,
including proposed traffic circulation on the site, designation of an emergency vehicle/fire lane
along the building, and parking layout and landscaping requirements.
The proposed use should be consistent with the Comprehensive Plan as amended. She noted
that the use of the property as a school complies with the intent of the Comprehensive Plan.
Walz said that staff recommends that EXC06-00001, an application for a special exception
allowing a general educational facility in the High Density Single -Family Residential (RS-12)
zone and a special exception allowing a reduction of the rear setback requirement for a general
educational facility in the RS-12 zone be granted subject to submittal of a site plan
4
demonstrating sidewalk construction along the east side of Dover Street connecting the current
sidewalk to Muscatine; landscape screening along the front of the parking lot on Dover Street;
and a proposed parking layout, traffic circulation, and landscaping on the site, including
identification of a designated fire lane.
Public Hearing Opened
Tim Terry, president of the Willowwind Board; said that they are delighted to have the
opportunity to petition for this exception. He stated that the school will be an enhancement to the
neighborhood. He said that they are prepared to comply with all the requests of the City.
Public Hearing Closed
Wood said he is very supportive of school moving into neighborhoods. However, he said that his
concern relates to the traffic situation. He said that when the plan was initially made for the 35
children full-time day care facility there was some concern regarding traffic. Wood said that the
current plan is for twice as many students and the traffic issue will increase.
Walz said that the traffic engineers did not foresee any problem with the control on that street
intersection. She acknowledged that the area is a heavily traveled and that as the city grows and
public school enrollments grow, the traffic will continue to grow, even without the proposed
school. Traffic engineers will continue to monitor the intersection and are prepared to manage
any changes for traffic safety as needed.
MOTION: Wright moved that EXC06-00001, an application for a special exception
allowing a general educational facility in the High Density Single -Family Residential (RS-
12) zone and a special exception allowing a reduction of the rear setback requirement for a
general educational facility in the RS-12 zone be granted subject to submittal of a site plan
demonstrating sidewalk construction along the east side of Dover Street connecting the
current sidewalk to Muscatine; landscape screening along the front of the parking lot on
Dover Street; and a proposed parking layout, traffic circulation, and landscaping on the
site, including identification of a designated fire lane. Alexander seconded the motion.
Alexander will vote in favor. She said it does not appear that the proposed exception will have
significant adverse effects on the livability for the nearby residents. She added that the similar
schedule to the Iowa City schools will increase the traffic at the same time, but in relatively
confined times. The building has always been used for institutional purposes, and having a
school will not represent a big change. Alexander said that the sidewalk will help with the safety
concerns. She mentioned that the streets meet the minimum requirements of 28 feet width.
Alexander stated that the traffic engineers have evaluated the existing traffic control and decided
that it is appropriate. She said that there were some issues regarding the parking lot which can be
resolved by the use of landscape. Alexander said that in terms of the rear setback, the intent of
the code is being met. She stated that there is no evidence that the proposed exception will be
detrimental to or endanger the public health, safety, comfort or general welfare. She said that the
vehicular access is adequate and parking exists to support the use. She added that it will not be
injurious to the use and enjoyment of other properties, or substantially diminish or impair
property values. She said that the surrounding properties are already developed, so there should
be no issue regarding the development of the neighboring properties. Alexander said that the
utilities, drainage and access roads are appropriate.
Wright said that he will vote in favor of the application. He said that the specific standards are
met. He said there are several letters from surrounding residents that support the establishment of
the Wilowwind School at that location. He noted that the sidewalk issue will be addressed, and
vehicular access is appropriate to standards. He noted that the general standards are also met.
Wright said that a fire lane will be identified, and a site plan will be submitted for review.
Leigh will vote in favor for the reasons already stated.
Wood will vote in favor. He said that it will not be detrimental to or endanger the public health,
safety, comfort and general welfare subject to the construction of sidewalk. He said that it will
not be injurious to the use and enjoyment of properties in the immediate vicinity, particularly
with the establishment of landscape islands. He said that the utilities, access roads, drainage and
other facilities are provided, the egress and ingress are appropriate, and the use is consistent to
the comprehensive plan.
Shelangouski will vote in favor for the reasons already stated.
The motion passed with a 5:0 vote.
OTHER:
Leigh will not attend the March meeting.
Alexander said that the Board should agree on a communication method to notify Staff if they
are not able to attend a meeting. She said that she always comes to meetings unless she notifies
Miklo.
The Board decided that a 24 hour notice is preferred, and unless a board member sends notice of
a planned absence it should be expected that he/she will be in attendance.
ADJOURNMENT
The meeting adjourned at 5:35.
Minutes submitted by Bogdana Rus.
Board of Adjustment
Attendance Record
2006
Name
Term
Expires
01/11
02/08
Karen Leigh
01/01/07
X
X
Carol Alexander
01/01/08
X
X
Michael Wright
01/01/09
X
X
Ned Wood
01/01/10
X
X
M. Shelan ouski
01/01/11
X
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No Meeting