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HomeMy WebLinkAbout12-14-16 BOA PACKETBoard of Adjustment 9-30-16 Page 1 to 1 CONTINUED MEETING OF THE BOARD OF ADJUSTMENT SEPTEMBER 30,2016 6 :30 p .m . EAST SIDE RECYCLING CENTER IOWA CITY,IOWA Members present:Larry Baker,Gene Chrischilles,Becky Soglin,Tim Weitzel Members absent:Connie Goeb Staff present:Doug Boothroy,Susan Dulek,Sarah Walz,John Yapp Others present:Mark Parmenter The following is a transcript of the meeting held at the above date,time,and place and was transcribed from the digital audio recording made at such time. Julie M .Kluber,CSR,RMR 3515 Lochwood Drive NE Cedar Rapids,IA 52402 319-286-1717 866-412-4766 Board of Adjustment 9-30-16 Page 2 to 5 2 PROCEEDINGS1 CHAIRMAN BAKER: I'd like to call the 2 September 30th meeting of the Board of Adjustment to 3 order for roll call. 4 MS. WALZ: Chrischilles? 5 MR. CHRISCHILLES: Here. 6 MS. WALZ: Baker. 7 CHAIRMAN BAKER: Here. 8 MS. WALZ: Weitzel. 9 CHAIRMAN BAKER: Here. 10 MS. WALZ: Soglin. 11 MS. SOGLIN: Here. 12 CHAIRMAN BAKER: All right. Before we get into the 13 order of business, I would like to make a short 14 statement just thanking all of you all for your 15 participation and your patience with us, the board, and 16 with each other. I've been in meetings where things get 17 out of hand, but I've been very pleased that everyone 18 has been treated with respect, and I think the board's 19 been helped greatly by the input and the participation 20 of everyone. I want to in particular thank Mr. Carlson 21 for being here and representing himself, and to use a 22 sports metaphor, it's like playing an away game. 23 You're -- but you're very -- you're to be commended for 24 coming and participating. I appreciate that. 25 3 So the basis of this meeting is to make a motion 1 and make a decision on Board of Adjustment Item 2 EXC16-00001, and what we normally do is we make the 3 motion and then the board discusses among itself what 4 it's going to go. Since our last meeting we have 5 received some additional information. Attorneys for the 6 applicant, for the appellant, and for the -- and the 7 city staff as well have provided us with more 8 information about the issue of environmental impact, 9 wetlands, slopes, the thing that was introduced at the 10 last meeting but which was not thoroughly discussed. 11 To have the applicant or the appellant or the City 12 actually discuss that at this meeting would require that 13 we open up a public hearing. To open up a public 14 hearing, we have to set another date and have another 15 meeting, so with the board's permission, I'd like for us 16 to acknowledge that input and we can certainly talk 17 about the new information, but I do not foresee, unless 18 the board disagrees, the necessity of opening up or 19 setting a new meeting for a public hearing. Okay. 20 UNIDENTIFIED SPEAKER: No. 21 CHAIRMAN BAKER: Mark, that's all right? 22 MR. PARMENTER: Yes. 23 CHAIRMAN BAKER: Very good. So at this time, I'd 24 entertain a motion for discussion. 25 4 MR. WEITZEL: I move to grant the appellants' 1 appeal APL16-00001, finding the City NDS erred when it 2 classified the proposed structure at 101 Lusk Avenue as 3 a single-family residential structure. 4 MR. CHRISCHILLES: Second. 5 MS. WALZ: So that's moved by Weitzel and second by 6 Chrischilles. 7 CHAIRMAN BAKER: Yeah. One other comment before we 8 start. Until this issue is completely and finally 9 settled either tonight or in subsequent court, the rules 10 of this board still apply. We do not talk about the 11 issue outside of a public meeting, we do not talk to 12 each other outside of a public meeting. Our role is 13 done at this time. We may be called upon in the future 14 for another public meeting, but we do not and cannot 15 receive anymore input on this after tonight from anybody 16 in the public, nor among ourselves. 17 So with that, the chair's going to reserve the 18 prerogative to go last. Anybody can start. 19 MR. WEITZEL: What do you want to do for a format? 20 Are we going to just read our statements or do you want 21 to just talk about the issues or -- 22 CHAIRMAN BAKER: I think your statement is a 23 discussion of the issues. 24 MR. WEITZEL: Okay. 25 5 MR. CHRISCHILLES: I don't -- I don't mind going 1 first. 2 CHAIRMAN BAKER: Okay, Gene. 3 MR. CHRISCHILLES: I would like to start by 4 commending both attorneys, the city staff, and the 5 Carlsons on their presentations regarding this appeal. 6 They provided many excellent points of consideration in 7 this matter and made coming to a decision a difficult 8 one. I have spent many hours in deliberation coming to 9 my own conclusion. 10 When I received my packet of information, I was 11 immediately aware of the complexity of this appeal due 12 to the sheer size of the packet. It was an issue that 13 was unlike any I had seen while on this board and very 14 likely was one of a kind to this date. I was on alert 15 that open-minded thinking and close scrutiny would be 16 required to reach a decision. 17 When I looked at the floor plan -- When I first 18 looked at the floor plan of the structure, my first 19 thought was that I had never seen a residence laid out 20 in this manner. The arrangement of space and the amount 21 of space allocated to uses other than clearly 22 residential, those which would include a single-family 23 living, sleeping, cooking, and eating meals, made me 24 think hard about the intended principal use. While the 25 Board of Adjustment 9-30-16 Page 6 to 9 6 structure does fit some of the criteria that would 1 qualify its designation as a single-family dwelling, 2 what was the principal use of the structure? 3 I carefully listened to all the arguments from both 4 sides, and I kept coming back to intent of use as the 5 most important factor. I believe this is what 6 ultimately determines the principal versus accessory 7 uses of a structure. In this case, the arrangement of 8 space and the amount of space allocated to uses other 9 than clearly residential led to my opinion that 10 residential use is not the principal use of the 11 structure. It, therefore, must be an accessory use and 12 the structure is misclassified. 13 The principal use determines the use 14 classification. If not residential, what is the 15 intended principal use of this building? I think it 16 lies in an as yet to be created category. I would best 17 describe it as an entertainment-oriented use, but that 18 needs to be determined and added to the zoning code. 19 Since this new classification -- new use classification 20 is currently not listed in the zoning code, it cannot be 21 a permitted use in an RS-5 zone. Therefore, the 22 building permit for this structure in an RS-5 zone 23 cannot be issued. 24 CHAIRMAN BAKER: Thank you, Gene. 25 7 MR. WEITZEL: For my decision, I basically modeled 1 it on the staff reports we normally get, which has a bit 2 of a summary and it talks about the findings of fact. 3 I'm just going to read it. 4 "Iowa City Board of Adjustment decision 5 APL16-00001, an appeal of a decision by Neighborhood 6 Development Services to issue a building permit for 7 residential use on property located in the low density 8 single-family RS-5 zone at 101 Lusk Avenue alleging an 9 error in the classification of the property as a 10 residential use, wrongful approval of a site plan, and 11 other zoning code errors." And at this point I'm 12 listing my authorities for the decision. 13 Iowa City Board of Adjustment consists of five 14 members, one of whom was recused from this matter, who 15 serve voluntarily without compensation. The Iowa City 16 Board of Adjustment, the board derives its powers from 17 Iowa Code Chapter 414, City Zoning, and by extension the 18 enabling ordinance under the Code of Iowa City at Title 19 14, Zoning Code, and there's a specific ordinance. And 20 the pursuant ordinances titled within Title 14, Zoning 21 Code. Reference is also made to the 2015 International 22 Residential Code, a section of the International 23 Building Code. These are the authorities consulted in 24 this matter, along with the testimony given during the 25 8 public hearing. 1 Regarding appeals to the Board of Adjustment, Iowa 2 Code Chapter 414, City Zoning, states the following 3 under Chapter 414.12, Powers: "Board of Adjustment 4 shall have the following powers," and we've covered this 5 already a number of times in the meeting. The Iowa City 6 Zoning Code further states, "The Board of Adjustment 7 may, in conformity with the provisions of this title or 8 ordinances adopted pursuant thereto, affirm, or upon 9 finding error, reverse or modify, wholly or partly, the 10 order," et cetera. 11 Iowa Code indicates the authority to create zones 12 within cities rests with the city council for the 13 specific city based on recommendations of the planning 14 and zoning commission, input from the public, Chapter 15 414. In practicality and experientially, this means 16 staff will contribute expert advice to the process and 17 have done so in the past in the City of Iowa City, but 18 zoning is a process somewhat distinct from issues 19 building permits made under the zoning regulations 20 adopted in the zoning code. 21 Despite limited discretionary powers assigned to 22 the zoning enforcement official or building official, as 23 the Iowa City -- as it is in the Iowa City zoning 24 ordinance, the final power to zone or enforce the 25 9 Iowa City Zoning Code of any city rests in the city 1 council, who may create, alter, or change zones and 2 enforce the Iowa City Zoning Code so as -- and so on led 3 through legislative action based on the authorities 4 cited. It is presumable and logical it is the duty of 5 the building official to execute faithfully the 6 legislation dictated by the zoning process from the code 7 adopted by city council, Chapter 414, Iowa -- Iowa Code. 8 And there is limited discretion for the building 9 official to deny a permit provided the base level 10 requirements are met in the zoning and building codes, 11 2015 International Residential Code. This is not to say 12 that there are no additional inspections including, for 13 example, rough-out inspection, final inspection before 14 the occupancy certificate is granted to the newly 15 constructed building, as we heard during the hearing. 16 Additionally, permits for sewer tap and water tap are 17 required per testimony in the hearing. One could go on 18 to add that other utilities might be connected as well, 19 such as electricity, but those involve a process that is 20 distinct from the building permit process based on the 21 hearing. 22 The issues appealed were the classification of the 23 approved structure of the single-family dwelling 24 residence, approval of a site plan for the proposed 25 Board of Adjustment 9-30-16 Page 10 to 13 10 structure, and the approval of the building permit. 1 Additionally, objection has been raised regarding the 2 sanitary sewer connection and fire department 3 responsibilities. Although those issues fall outside 4 the Iowa City Zoning Code, the appellants have related 5 them to their appeal in that they state a building 6 permit should not be granted for a property that does 7 not meet these criteria. 8 Further, a significant amount of discussion 9 involved objection by the appellants of the stated 10 intent to conduct tailgating at 101 Lusk Avenue. The 11 issue of sensitive areas review was also raised by -- 12 first by public comment but then adopted as part of the 13 appellants' case after the start of the public hearing. 14 Response to the three issues raised -- Responding 15 to the three issues raised, consideration was first 16 given to the classification of the building and whether 17 or not it was properly made and whether an error was 18 made in the classification of the building as a 19 single-family residence. Without an error being found, 20 a permanent -- permit cannot be denied and the Board of 21 Adjustment would -- Adjustment would have no power to 22 make changes to the building permit issued by the 23 building official, Iowa Code Chapter 414.12 and the 24 Iowa City Zoning Code 14-8C-3.B.3. 25 11 My decision is a single-family use is permitted by 1 right in the low density single-family RS-5 zone and 2 that there was no error in the classification of the 3 building as a single-family dwelling. Occupancy cannot 4 be established without a certificate of occupancy. 5 There is no design review of buildings at 101 Lusk 6 Avenue. There are no sensitive areas on the subject 7 property. The discretionary power of the building 8 official does not allow a denial of a permit in this 9 matter. I affirm the decision of the building official. 10 And if you want, I will read all of the findings. 11 CHAIRMAN BAKER: No. But they'll be in part of the 12 record because you're going to turn that over, right? 13 MR. WEITZEL: Yeah. 14 CHAIRMAN BAKER: Okay. Becky? 15 MS. SOGLIN: So I also would like to acknowledge 16 that there has -- this has been a difficult -- I'm 17 sorry. I can only -- I have -- I simply cannot 18 project. I do not have the voice for it, so I don't 19 know if you want to come and stand closer. I -- I 20 physically just can't project more than this, so I 21 apologize. 22 So I do just want to acknowledge that this has -- 23 you know, has been a difficult case, and I appreciate 24 all the patience and detail that people have taken time 25 12 to provide. Likewise, I, too, have given a lot of 1 thought to it. I've not taken this responsibility 2 lightly in any way. 3 I likewise do find that the building is properly 4 classified as a single-family dwelling. I do want to 5 add detail to that. I acknowledge that there is a lot 6 of entertaining opportunities, but those are allowed as 7 accessory uses and they are not proposing to charge for 8 it, so it is a form, I believe -- this entertaining is 9 part of -- what is defined as living within the 10 definition of single-family-home use. And in 11 particular, I want to address -- Is it all right if I 12 address some of the evidence that was provided? 13 Regarding the presentation by Mr. Befeler, I 14 appreciate that he brought some knowledge about 15 structures and uses, but I found that his percentages 16 are not based on some kind of architectural standard or 17 code and basically are very speculative. And then there 18 is -- there seemed to be a great assumption that this 19 home was already -- that this structure and use would 20 be -- would -- would already be a nuisance, and I do not 21 believe there was a case to be made for presuming guilt 22 in this way. 23 One of the presenters, Ms. Erickson, cited safety 24 concerns about lost drivers, and it was concerning that 25 13 police have not ticketed and towed vehicles in -- in 1 areas in this neighborhood, but these are enforcement 2 issues and not something that we can attempt to regulate 3 through a decision here today, and that tailgating also 4 is something defined within the code. I guess I just 5 would like to note that -- or emphasize that it clearly 6 states it regards only tailgating and -- and clearly you 7 cannot park on your own home property on a non 8 tailgating day, and it's only for the day. So I 9 appreciate that the neighbors have concerns perhaps that 10 there would be vehicles parked on proper -- on the 11 property for, you know, more than 24 hours. 12 There was a -- I recognize the design -- design or 13 facade is not something many of us would choose for a 14 home, but it is still a dwelling. The architect who 15 appeared on behalf of the appellant, Ms. Parks, 16 suggested that there were many features signaling it is 17 not a family dwelling, but I would note that the 18 majority of the features that she cited as problematic 19 can be found, albeit perhaps just individually, in 20 homes, such as the lack of windows on a side that you 21 would expect windows. There are many homes in Iowa City 22 that do not have homes [sic] on, say, an eastern side or 23 southern side when there could be. 24 A bathroom being within four feet of a front door. 25 Board of Adjustment 9-30-16 Page 14 to 17 14 I have to say my own home has a bathroom within four 1 feet of the front door. Lockers. Lockers are sold by 2 companies as a feature put into homes, re -- old 3 refurbished gym lockers. The facade. That is something 4 that could be perhaps controlled by a historic district 5 or other overlay. Ms. Madsen mentioned a case where 6 somebody had wanted a pole building and there were scale 7 and design issues, and again, scale and design are 8 things that could potentially be covered by historic 9 overlay. 10 In his memo of September 8th, Mr. Boothroy had 11 cited points 1 through 6 re -- regarding zone class 12 overlay use, permitted use class, the fact that the 13 Carlsons had stated that it was a home; and again, we I 14 believe have to assume they are not lying and that the 15 lot setbacks, coverage, and height all met the 16 standards, so I found that -- that evidence to be 17 credible. 18 I just want to -- I -- I hope we're not taking up 19 too much time, but I just want to be extremely thorough 20 on this. And I would just say, you know, we found that 21 this home is extremely large with a highly unusual 22 design and arguably, if you will, unattractive design 23 with large amenities owned by out-of-towners and used 24 for entertaining along with living, sleeping, cooking, 25 15 and eating, and again, I'm finding that the form of 1 entertaining falls under living. 2 And I just want to go by these through -- through 3 the point one by one. The fact that it is extremely 4 large, as Mr. Boothroy noted, this is not something that 5 you control -- control beyond the size of the lot. For 6 this neighborhood that's not desiring such a large home, 7 it's -- it's something that could perhaps eventually be 8 covered by infill regulations or the like. It has a 9 highly unusual design. I think it was made clear you 10 cannot really control design. Again, it's something 11 that if the neighborhood had a historic or other 12 district overlay, external features could -- could 13 perhaps be controlled through that. Obviously you can 14 sometimes do very little to control the inter -- 15 internal features. 16 The fact that the facade is not to some people's 17 liking; again, in a -- in a non historic or non overlay 18 district, there's little that you might be able to do to 19 change that. It has many amenities. These have been 20 shown through other cases to be allowed in homes. 21 Again, I think some of the issue is that this home has 22 one of each of those. It's owned by out-of-towners, and 23 I think while the -- while our comprehensive plan refers 24 to the citizens of Iowa City, the resident -- residents 25 16 and all of those who are making this our home at various 1 times need to be treated justly. And it's -- and 2 it's -- The home is being used for entertaining along 3 with living, sleeping, cooking, and eating. It is not 4 retail. Any possible future nuisance depends on 5 enforcement, and that is an enforcement issue, 6 acknowledging that the neighbors have pointed out there 7 have been enforcement problems, and I think that's 8 something that the City needs to be aware of. 9 So while the structure I think is not an ideal fit 10 for the neighborhood, it's still a single-family home. 11 Individually all the features are allowed, and I -- and 12 I acknowledge that the sum here can -- can feel greater 13 than the parts, but I cannot -- again, cannot disagree 14 with the findings presented by Mr. Boothroy in his memo. 15 And I think the Carlsons' attorney made an important 16 point that enforcing the zoning code regulations is not 17 the proper place to impose what would be additional 18 restrictions not made explicit in the code. 19 And one other point I would like to make. The 20 University Heights information was -- was not 21 compelling. I do believe the sensitive areas and slopes 22 was used to determine in that case, and there was not a 23 thorough accounting for the classification, and overall, 24 it is a different jurisdiction. And I will just note 25 17 I -- I -- additionally, I do believe -- I mean the City 1 perhaps could have shared some details about the sewer 2 conditions more readily with the -- with Mr. Ackerman 3 and others who had asked, but ultimately, it's -- it's 4 not going to be relevant to the finding that it's a 5 single-family home. 6 And regarding some of the fire issues, I mean I 7 personally would want a home with more egresses, and I 8 was surprised to find the regulations don't call for 9 more, but ultimately the fire experts have stated that 10 they believe that the hose length is -- is sufficient, 11 and I do not think that they would be putting their -- 12 putting our residents at risk. And Mr. Boothroy's memo 13 of September 20th cites Section B-105 and Section C-202 14 of the International Fire Code regarding the -- the 15 sufficiency there. 16 And regarding the sensitive areas ordinance, I will 17 just note that we received these additional materials 18 today. The appellants' attorney had -- had claimed that 19 there was no objection given to the SAO on the -- our 20 last meeting, which was the 26th; is that correct? 21 CHAIRMAN BAKER: 21st. 22 MS. SOGLIN: Or 21st. Oh. I have no idea what day 23 it is. But I do have clearly in my notes that the 24 appellants' attorney did state that he felt the SAO 25 Board of Adjustment 9-30-16 Page 18 to 21 18 issue was not before us and that there had been, as he 1 saw, no application for it. And while I appreciate the 2 environmental concerns that were raised, I -- I do 3 believe that there -- there's just no provision cited 4 that requires a person seeking the permit to address the 5 area when it's on another parcel, another property. 6 So last, I guess to address the -- the issue -- the 7 issuing of the building permit, I think as Tim has found 8 that there is no error in that, and I do recognize 9 the -- just the -- again, the complexity of this case. 10 CHAIRMAN BAKER: All right. Thank you, Becky. 11 I have a long written decision which I promise I 12 will not read to you. I promised my wife I would not 13 read this statement to you; it's 16 pages long. What I 14 want to do is read the opening and the closing, sort of 15 the overview and the conclusion. 16 Let me start by saying we've all talked about the 17 complexity of this issue, and that makes it very 18 difficult for everyone involved. I have lived in 19 Iowa City for 36 years. I've served two terms on the 20 city council. I've served two terms on the Board of 21 Adjustment. I've served on the planning and zoning 22 commission. I've served on the historic preservation, 23 helped write it. We have dealt with issues for 30- 24 something years, and I have never felt I've been 25 19 involved in an issue in which there is no clear right 1 decision. It's almost as if we are in a catch-22 2 situation, and that was what I wanted to talk about in 3 my statement. 4 The stuff I'm not going to read is -- I'm not going 5 to go through the list of items which I'm not going to 6 consider, those facts which were introduced which really 7 have no relevance. I'm not going to go into the 8 building permit issue, but the entire body of my 9 decision is, I hope, laying the foundation for the 10 conclusion that where these facts, this information 11 leads me, based upon everything that has been presented 12 in this case. So if you'll bear with me a few minutes, 13 I'd like to read the opening and the closing. 14 This issue pits two documents, the comprehensive 15 plan and the zoning code, which ought to be compatible 16 and mutually reinforcing, into conflict with each other. 17 In its simplest terms, this is a conflict between what 18 the City should do and what the City can do. In this 19 appeal, the City maintains that the comp plan is merely 20 aspirational while the zoning code is regulatory. 21 Indeed, the City's position is that not only does the 22 zoning code dictate what it can do but also what it must 23 do. 24 So let me quote from page 23 of the comp plan, the 25 20 land use vision section. "Iowa City guides development 1 and growth in order to make wise and efficient use of 2 land and infrastructure. In order to create a quality 3 living environment for all area residents, the City will 4 protect and promote the character and integrity of 5 existing neighborhoods while encouraging new development 6 that is designed in a manner that is efficient and 7 sustainable, compatible with and connected to the 8 surrounding development and sensitive to the 9 environmental context. Future development should adhere 10 to the City's neighborhood principles for compact and 11 contiguous development." 12 Let me suggest that you can find similar statements 13 in other sections of the comprehensive plan reflecting 14 the same values and aspirations. I think the City, in 15 the form of the zoning code and the staff making those 16 decisions, is clearly guided by what they perceive as 17 hard-and-fast rules. The board's role, and this is in a 18 memo dated September the 12th from board counsel, who 19 cited Iowa Code 414-10 about the purpose of the Board of 20 Adjustment: "The decisions of the board shall serve the 21 public interest, meet the intent of the title, and be 22 consistent with the comprehensive plan of the City as 23 amended." 24 And quoting from the Iowa City Code of Ordinance 25 21 14-8C-3.B.3, "The Board of Adjustment may, in conformity 1 with the provisions of the title of ordinances adopted 2 pursuant thereto, affirm, or upon finding error, reverse 3 or modify, wholly or partly, the order, requirement, 4 decision, or determination appealed from and may make 5 such order, requirement, decision, or determination as 6 ought to be made, and to that end shall have all the 7 powers of the office from whom the appeal is taken." 8 Counsel was specifically asked if error included 9 error of judgment. Counsel, in my view, seemed to grant 10 the board some latitude in that area but only in the 11 context of fact. We cannot simply say we disagree. We 12 must convincingly argue that the facts would lead us to 13 a different conclusion; that is, the City made its 14 decision in error by misinterpretation or misuse of the 15 relevant facts. Thus, the dilemma for this board is 16 established. 17 We can assume, quote, "all the powers of the office 18 from whom the appeal is taken," unquote, but it is the 19 City's position that it has no powers through the zoning 20 code in certain areas of this issue and, therefore, the 21 board cannot assume those powers for itself. In the 22 case of single-family residences, the City claims no 23 power to mandate sanitary sewer realignments, no power 24 to force a turnaround to be constructed at the end of a 25 Board of Adjustment 9-30-16 Page 22 to 25 22 150-foot -- plus-foot street, no power to influence site 1 plans which are themselves not required for 2 single-family development adjacent to wetlands or 3 sensitive areas. 4 The City asserts that regardless of clearly 5 demonstrable problems associated with each of those 6 three areas in relation to the construction of this 7 structure, the City has no power and, therefore, neither 8 does the board. 9 Now, for the next few pages, we just talk about 10 issues presented but which I cannot use, I think, in 11 determining -- making a decision. There's a section 12 about questions of judgment, and I am troubled here by 13 some of the testimony and some of the -- the information 14 presented. I think there were -- I hesitate to use the 15 word "error," but the judgment was not as rigid and 16 thorough and thought through as I would have hoped it 17 would have been, and I document what I think are the 18 examples of that in this. 19 I do not talk about the building permit issue but 20 only in one context. The building permit issue is 21 actually a discussion of problems with this development. 22 In the context of a lot split, these problems could be 23 addressed, and the fact that the single-family 24 classification doesn't allow you to mandate changes or 25 23 force the developer to make changes does not remove the 1 reality that those problems exist. 2 I do want to quote one short memo from the City. 3 The City's perspective is best summed up by Julie 4 Tallman in her 6-22 memo to John Yapp regarding the Lusk 5 development. Quote, "So I was looking through the 6 single-family development standards and noticed the 7 purpose statements for minimum lot requirements and 8 building bulk standards are uniform in that the" -- 9 "they seek to ensure consistency and compatibility 10 between new and existing development and discourage new 11 buildings that dominate existing buildings." Space. 12 "I assume that the proposed building meets all 13 height, setback, and other dimensional requirements in 14 our code that are intended to further the stated 15 purposes." And then I have italicized the last 16 statement. "So maybe it's our code that fails to 17 achieve the purpose statement and it's not a reason to 18 deny the building permit." 19 And that's one of the purposes of my statement 20 here -- parts I won't read -- is to establish what I 21 perceive as problems with the code itself and how it's 22 used, problems that go beyond this one issue which I 23 think the city staff and the -- and the city council 24 need to look at in the long run. 25 24 Okay. As far as a decision. Under classification 1 of use. I have discussed the building permit issue 2 first, this long section in the middle, to establish a 3 series of facts as I understand them. In truth, any 4 problems with the building permit become moot if they 5 proceed from an incorrect classification of use, and if 6 the use classification of single-family is wrong, all 7 bets are off. 8 After six hours of testimony at the 9-14-16 meeting 9 and five hours of discussion at the 9-21 meeting, the 10 City's rationale for the residential classification was 11 revealed to be quite simple. If anything meets the 12 minimum requirement of one bedroom, one kitchen, one 13 bathroom, and a living space, it is a residence. And 14 with those minimums established, the circular logic 15 arising out of the definitional guidelines of the zoning 16 code are then cited. 17 Principal use: The primary use of land or a 18 structure as distinguished from an accessory use; for 19 example, a dwelling is a principal use on a lot in a 20 residential zone, while a garage or pool is accessory 21 use. 22 Definition of dwelling: A building wholly or 23 partially used or intended to be used for residential 24 occupancy. The proposed structure at 101 is clearly a 25 25 building at least, quote, "partially used for 1 residential occupancy," albeit on an absentee basis. It 2 seems superficially logical that it is, therefore, the 3 primary use of land in that zone. For the City, all 4 other uses -- entertainment, recreational, social 5 activities -- are accessory as long as they fit the 6 definitions in the zoning code. And that seems quite 7 simple. 8 So why is this issue so complicated and contested? 9 The board repeatedly asked the City if there was any 10 limit to the logic upon which their decision rested. 11 How about a structure with ten bedrooms in an RS-5 zone? 12 No limit. A structure with ten bathrooms? Two or more 13 basketball courts? An elevated stage built in a giant 14 courtyard? Only one bedroom but ten bathrooms? The 15 list of variations is only constrained by the size of 16 the lot. Could the City imagine any design, even though 17 it included one bedroom, one bathroom, one kitchen, and 18 a living area, any design or configuration that would 19 cause it to question the structure classification as a 20 residential dwelling. 21 A reasonable person could look at the design of the 22 front restrooms and see them clearly designed for a 23 public use rather than private convenience. A 24 reasonable person could look at the spatial 25 Board of Adjustment 9-30-16 Page 26 to 29 26 configuration of the structure and see its primary use 1 as an entertainment or recreational venue with residency 2 as a secondary use. The City's response, in so many 3 words: Not according to the code. A reasonable person 4 would consider the sanitary sewer connection, the 5 adjacent slope protection, the potential public safety 6 issue of a necessary turnaround as problems to be 7 addressed by the City and the City's response, in so 8 many words, is not according to the code. 9 Carried to its logical extreme, the City is 10 admitting that it has no power to stop this structure at 11 this site nor any power to prevent even worse -- I'm 12 going to use an intentionally inflammatory word -- any 13 worse abominations in any other residential zone in 14 Iowa City. If the City's decision is upheld, not one 15 single neighborhood in this community is safe from such 16 development. 17 And I will admit that my previous two paragraphs 18 might be rhetorically unfair to the City. I've chosen 19 the most inflammatory language I could muster, but the 20 tone of my language does not contradict my conclusion. 21 If the City's decision is upheld, not one single 22 neighborhood in this community is safe from such 23 development. But the City has a compelling rebuttal to 24 my conclusion. They are following the letter of the 25 27 law. As they understand the law, they must approve this 1 development. Indeed, those who oppose this development 2 must also demand that the City obey the law in all 3 issues before it, not just the one that affects them 4 directly. 5 I suspect that the final interpretation of the law 6 is not in the hands of this board. It will be 7 adjudicated elsewhere. The City insists that it's 8 obeyed the law. Others will resolve that. And 9 throughout my entire statement, I've returned over and 10 over again to that phrase, "the letter of the law," 11 because it is essential to understanding my conclusion. 12 I return to the language of the law as it relates 13 to our role as a board of adjustment. I'm going to 14 repeat, Iowa Code 414.10.B, purpose: "The decisions of 15 the board should serve the public interest, meet the 16 intent of the title, and be consistent with the 17 comprehensive plan as amended." Thus, in my opinion, 18 any decision by this board by law must evaluate the 19 public interest and should be consistent with the 20 comprehensive plan. 21 And having established as much factual context as I 22 can for this issue, I now note the language of the 23 comprehensive plan separated here for individual 24 consideration: "Iowa City guide" -- This is the 25 28 language from the -- from the intent. "Iowa City guides 1 development and growth in order to make wise and 2 efficient use of land and infrastructure." My 3 evaluation, this development, based on the facts as I 4 understand them, does not reflect wise and efficient use 5 of the land and infrastructure. 6 Number two, "In order to create a quality living 7 environment for all area residents." My evaluation, 8 based on the facts, this development will diminish the 9 quality of life for neighboring residents. 10 Number three, "The City will protect and promote 11 the character and integrity of existing neighborhoods." 12 In my evaluation, based on the facts as I understand 13 them, this development is clearly out of character with 14 the surrounding neighborhood and threatens the long-term 15 stability and integrity of the adjoining property 16 owners. 17 Number five, "This must be compatible with and 18 connected to surrounding development." My evaluation, 19 clearly inconsistent with that goal. "And sensitive to 20 the environmental context," the last guideline. In my 21 evaluation, based on the facts as I understand them, 22 this development is clearly inconsistent with that goal. 23 Therefore, as I understand the letter of the law 24 which mandates the obligation of the Board of Adjustment 25 29 to render decisions which, quote, "should serve the 1 public interest, meet the intent of the title, and be 2 consistent with the comprehensive plan of the City," I 3 side with the appellants, and being compelled by the 4 language of the law that established the Board of 5 Adjustment, I judge the classification of this 6 development as single-family residential to be 7 overwhelmingly inconsistent with the comprehensive plan 8 and clearly not in the public interest, and to reach 9 that conclusion but rule against the appellant seems to 10 me to be incompatible with the legal mandate of this 11 board. 12 And finally, we are back where we began. What the 13 City should do, can do, and must do will not be resolved 14 here. The appellant has the weight of logic and common 15 sense on its side as well as the moral authority of the 16 public interest. This board itself can make no decision 17 that is not in the public interest, nor can it make a 18 decision that is inconsistent with the comprehensive 19 plan. Regardless of the final adjudicated outcome, the 20 City is now obligated in the future to make sure that 21 the letter of the law is amended to more clearly serve 22 the public interest better than it has in this case. 23 We need to make a formal vote, Mark, I assume? 24 MR. PARMENTER: Yes, Mr. Chair.25 Board of Adjustment 9-30-16 Page 30 to 33 30 CHAIRMAN BAKER: All right.1 MS. WALZ: You just want to be clear about how you 2 vote because the motion is in the affirmative to 3 overturn the decision, so if you are against the 4 decision of the building official, you would vote yes; 5 and if you -- if you uphold the decision, you would vote 6 no. Is that -- 7 MR. CHRISCHILLES: Can -- Do we have -- Can we 8 make additional comments -- 9 CHAIRMAN BAKER: Oh, sure. I'm sorry. 10 MR. CHRISCHILLES: -- about each other's -- 11 CHAIRMAN BAKER: It's still -- it's still on the 12 floor. 13 MR. CHRISCHILLES: I just would like to briefly 14 rein -- reinforce Larry's comments. I think this issue 15 has brought about several glaring inadequacies in our 16 current zoning code. The fact that you can't include 17 anything dealing with -- Only -- only under certain 18 circumstances can you include fire protection, sewer 19 hookup, sensitive slope involvement, those types of 20 things, I felt that the zoning code constantly shackled 21 our -- our opinion. 22 I -- I think Larry's point about the -- the 23 circular argument was very pertinent. If you work 24 from -- As the City did, if you work from the point of 25 31 view that the -- that the house -- or that the structure 1 is a single-family dwelling, then that guides all the 2 rest of your opinions down a certain path, and they 3 didn't look outside of the possibilities of -- of it 4 being something other than a single-family dwelling 5 or -- or being something outside what was in the -- in 6 the code. 7 So I -- I would strongly hope that the City would 8 use this case as a springboard to -- to look at -- to 9 bring to the zoning board additions and amendments to 10 its rules and regulations such that something like this 11 isn't ambiguous if it comes up again. I think that we 12 need to have fire, sewer, sensitive slopes, those types 13 of things included in the zoning code such -- so that -- 14 such that they can be ruled on without exclusion. 15 CHAIRMAN BAKER: Okay. You made the original 16 motion, didn't you? Would you read the motion again? 17 MS. SOGLIN: May I, sorry, just -- 18 CHAIRMAN BAKER: I'm sorry. 19 MS. SOGLIN: -- add one quick thing because I -- I 20 also -- I had not read the paragraph I had had about 21 these three issues of public interest, comprehensive 22 plan, intent of the title, and I think Larry did a very 23 good job of -- of outlining the importance of the 24 comprehensive plan, and for me, I would say very 25 32 personally this is difficult to not be able to let the 1 comprehensive plan be the thing that could override 2 everything. But the thing to -- that just can't be 3 emphasized enough, as Larry and also Gene have just 4 emphasized here, is that unless we have -- it is written 5 in the code, we cannot just simply, you know, bend 6 regulations or, you know, draw them out. They must be 7 in the code. 8 And for me, I had to consider while public 9 interest, we -- There are many passionate neighbors 10 here. Your concerns are -- are -- are understandable, 11 but the public interest I think also includes the fact 12 that you need to abide by the code that exists and then 13 not, as you are going along, make up restrictions. And 14 my hope also would be that going forward there is a 15 close look at -- at what our codes are and that perhaps 16 consideration of infill development standards and other 17 residential standards could be done sooner than later. 18 CHAIRMAN BAKER: Tim, anything else? 19 MR. WEITZEL: The motion was to grant appellants' 20 appeal, the appeal 16-00001, finding that the City NDS 21 erred when class -- it classified the proposed structure 22 at 101 Lusk Avenue as a single-family residential 23 structure. 24 CHAIRMAN BAKER: And was seconded by Gene? Okay. 25 33 Ready to vote? 1 MS. WALZ: Soglin? 2 MS. SOGLIN: I just want to make sure I say -- 3 This is -- it's -- I just want to make sure -- I'm 4 sorry. 5 MR. WEITZEL: Yes grants it, no doesn't. 6 MS. WALZ: Grants the -- so that if you vote yes, 7 that would overturn the building official's decision. 8 MS. SOGLIN: No. 9 MS. WALZ: It's an art. Weitzel? 10 MR. WEITZEL: No. 11 MS. WALZ: Baker. 12 CHAIRMAN BAKER: Yes. 13 MS. WALZ: Chrischilles. 14 MR. CHRISCHILLES: Yes. 15 CHAIRMAN BAKER: Motion actually fails for lack of 16 three votes. 17 This does raise the question if the classification 18 use is upheld and the single-family designation is 19 accurate, is it your position as counsel that we still 20 have no power to modify any terms of the building 21 permit? 22 MR. PARMENTER: Yes, that is my position, 23 Mr. Chair. Under Iowa City Code of Ordinances 14-8C, it 24 clearly says, "The Board of Adjustment may," as you've 25 Board of Adjustment 9-30-16 Page 34 to 36 34 already quoted, "in conformity with the provisions of 1 this title or ordinances adopted pursuant thereto, 2 affirm, or upon finding error" -- and I think that's 3 critical; you've not found error -- "reverse or modify, 4 wholly or partly, the order, requirement, decision, or 5 determination appealed from and make such order, 6 requirement, decision, or determination as ought to be 7 made, and to that end shall have the powers of the 8 officer from which" -- "from whom the appeal is taken." 9 So given that we do not have three affirmative 10 votes to uphold the appeal, my opinion is this board is 11 without power to modify anything. 12 CHAIRMAN BAKER: All right. 13 MR. CHRISCHILLES: Do -- do we have the -- Can we 14 make a suggestion that this issue go before the 15 zoning -- board of zoning to be used to look at the 16 specific oddities of this case so that they can perhaps, 17 you know, remedy -- make -- make things better? 18 MR. PARMENTER: Gene, if I -- if I may, I suspect 19 that this issue will be going through counsel, staff, 20 probably planning and zoning and other different boards 21 of Iowa City, but I don't believe this board has the 22 power to instruct or authorize -- 23 MR. CHRISCHILLES: I meant as -- as a request. 24 MR. PARMENTER: As a -- You can certainly make a 25 35 request, but I don't -- it's not binding, of course. 1 MR. CHRISCHILLES: No. 2 MR. PARMENTER: Yes. I understand. 3 MR. CHRISCHILLES: And how would we initiate that? 4 MR. PARMENTER: I think you just did. 5 MR. CHRISCHILLES: All right. 6 CHAIRMAN BAKER: Any other discussion from the 7 board? 8 MR. WEITZEL: I just want to reiterate what 9 everybody else is saying. This was very contentious, 10 very complicated, and not easy to do, but things seem to 11 be set out in a certain path a long time ago, and that's 12 what we had to follow. 13 CHAIRMAN BAKER: And once again, I want to thank 14 all of you for your participation and your help in this 15 matter. 16 With that, I'll entertain a motion to close the 17 meeting, adjourn the meeting. 18 MR. WEITZEL: So moved. 19 MS. WALZ: Moved by Weitzel. All those in favor 20 say aye.21 (A vote was taken and the motion passed 4-0.) 22 (Meeting adjourned at 7:18 p.m.)23 24 25 36 CERTIFICATE1 I, Julie M. Kluber, Certified Shorthand Reporter in 2 the State of Iowa, do hereby certify that I was 3 authorized to and did transcribe in shorthand the above 4 and foregoing proceedings; that said shorthand notes 5 were reduced to computer-aided transcription under my 6 direction and supervision; that the foregoing 35 pages 7 are a full and correct transcript of the shorthand notes 8 so taken, to the best of my ability under the situation 9 presented; that I am a disinterested person to the said 10 action. 11 IN WITNESS WHEREOF, I have hereupon set my hand 12 this 2nd day of November, 2016.13 14 15 16 Certified Shorthand Reporter 17 18 19 20 21 22 23 24 25 Board of Adjustment 9-30-16 Page 1 to 1 1 1 [1]-14:12 101 [6]-4:3,7:9, 10:11,11:6,24:25, 32:23 12th [1]-20:19 14 [2]-7:20,7:21 14-8C [1]-33:24 14-8C-3.B.3 [2]- 10:25,21:1 150-foot [1]-22:1 16 [1]-18:14 16-00001 [1]-32:21 2 2015 [2]-7:22,9:12 2016 [2]-1:5,36:13 20th [1]-17:14 21st [2]-17:22,17:23 23 [1]-19:25 24 [1]-13:12 26th [1]-17:21 2nd [1]-36:13 3 30 [2]-1:5,18:24 30th [1]-2:3 319-286-1717 [1]- 1:25 35 [1]-36:7 3515 [1]-1:24 36 [1]-18:20 4 4-0 [1]-35:22 414 [4]-7:18,8:3, 8:16,9:8 414-10 [1]-20:20 414.10.B [1]-27:15 414.12 [2]-8:4,10:24 5 52402 [1]-1:24 6 6 [1]-14:12 6-22 [1]-23:5 6:30 [1]-1:5 7 7:18 [1]-35:23 8 866-412-4766 [1]- 1:25 8th [1]-14:11 9 9-14-16 [1]-24:9 9-21 [1]-24:10 A abide [1]-32:13 ability [1]-36:9 able [2]-15:19,32:1 abominations [1]- 26:14 absent [1]-1:10 absentee [1]-25:2 accessory [6]-6:7, 6:12,12:8,24:19, 24:21,25:6 according [2]-26:4, 26:9 accounting [1]-16:24 accurate [1]-33:20 achieve [1]-23:18 Ac kerman [1]-17:3 acknowledge [5]- 3:17,11:16,11:23, 12:6,16:13 acknowledging [1]- 16:7 action [2]-9:4,36:11 activities [1]-25:6 add [3]-9:19,12:6, 31:20 added [1]-6:19 additional [5]-3:6, 9:13,16:18,17:18, 30:9 additionally [3]-9:17, 10:2,17:1 additions [1]-31:10 address [4]-12:12, 12:13,18:5,18:7 addressed [2]-22:24, 26:8 adhere [1]-20:10 adjacent [2]-22:3, 26:6 adjoining [1]-28:16 adjourn [1]-35:18 adjourned [1]-35:23 adjudicated [2]-27:8, 29:20 Adjustment [16]-2:3, 3:2,7:5,7:14,7:17, 8:2,8:4,8:7,10:22, 18:22,20:21,21:1, 28:25,29:6,33:25 AD JUSTMENT [1]- 1:4 adjustment [1]-27:14 admit [1]-26:18 admitting [1]-26:11 adopted [6]-8:9, 8:21,9:8,10:13, 21:2,34:2 advice [1]-8:17 affects [1]-27:4 affirm [4]-8:9,11:10, 21:3,34:3 ago [1]-35:12 aided [1]-36:6 albeit [2]-13:20,25:2 alert [1]-5:15 alleging [1]-7:9 allocated [2]-5:22, 6:9 allow [2]-11:9,22:25 allowed [3]-12:7, 15:21,16:12 almost [1]-19:2 alter [1]-9:2 ambiguous [1]-31:12 amended [3]-20:24, 27:18,29:22 amendments [1]- 31:10 amenities [2]-14:24, 15:20 amount [3]-5:21,6:9, 10:9 APL16-00001 [2]-4:2, 7:6 apologize [1]-11:22 appeal [12]-4:2,5:6, 5:12,7:6,10:6, 19:20,21:8,21:19, 32:21,34:9,34:11 appealed [3]-9:23, 21:5,34:6 appeals [1]-8:2 appeared [1]-13:16 appellant [5]-3:7, 3:12,13:16,29:10, 29:15 appellants [3]-10:5, 10:10,29:4 appellants'[5]-4:1, 10:14,17:19,17:25, 32:20 applicant [2]-3:7, 3:12 application [1]-18:2 apply [1]-4:11 appreciate [5]-2:25, 11:24,12:15,13:10, 18:2 approval [3]-7:11, 9:25,10:1 approve [1]-27:1 approved [1]-9:24 architect [1]-13:15 architectural [1]- 12:17 area [5]-18:6,20:4, 21:11,25:19,28:8 areas [8]-10:12,11:7, 13:2,16:22,17:17, 21:21,22:4,22:7 arguably [1]-14:23 argue [1]-21:13 argument [1]-30:24 arguments [1]-6:4 arising [1]-24:16 arrangement [2]- 5:21,6:8 art [1]-33:10 aspirational [1]- 19:21 aspirations [1]-20:15 asserts [1]-22:5 assigned [1]-8:22 associated [1]-22:6 assume [5]-14:15, 21:18,21:22,23:13, 29:24 assumption [1]- 12:19 attempt [1]-13:3 attorney [3]-16:16, 17:19,17:25 attorneys [2]-3:6,5:5 audio [1]-1:19 authorities [3]-7:13, 7:24,9:4 authority [2]-8:12, 29:16 authorize [1]-34:23 authorized [1]-36:4 Avenue [5]-4:3,7:9, 10:11,11:7,32:23 aware [2]-5:12,16:9 aye [1]-35:21 B B-105 [1]-17:14 Baker [3]-1:9,2:7, 33:12 BAKER [26]-2:2,2:8, 2:10,2:13,3:22, 3:24,4:8,4:23,5:3, 6:25,11:12,11:15, 17:22,18:11,30:1, 30:10,30:12,31:16, 31:19,32:19,32:25, 33:13,33:16,34:13, 35:7,35:14 base [1]-9:10 based [9]-8:14,9:4, 9:21,12:17,19:12, 1 28:4,28:9,28:13, 28:22 basis [2]-3:1,25:2 basketball [1]-25:14 bathroom [4]-13:25, 14:1,24:14,25:18 bathrooms [2]- 25:13,25:15 bear [1]-19:13 Becky [3]-1:9,11:15, 18:11 become [1]-24:5 bedroom [3]-24:13, 25:15,25:18 bedrooms [1]-25:12 Befeler [1]-12:14 began [1]-29:13 behalf [1]-13:16 bend [1]-32:6 best [3]-6:17,23:4, 36:9 bets [1]-24:8 better [2]-29:23, 34:18 between [2]-19:18, 23:11 beyond [2]-15:6, 23:23 binding [1]-35:1 bit [1]-7:2 BOARD [1]-1:4 Board [15]-2:3,3:2, 7:5,7:14,7:17,8:2, 8:4,8:7,10:21, 18:21,20:20,21:1, 28:25,29:5,33:25 board [24]-2:16,3:4, 3:19,4:11,5:14, 7:17,20:19,20:21, 21:11,21:16,21:22, 22:9,25:10,27:7, 27:14,27:16,27:19, 29:12,29:17,31:10, 34:11,34:16,34:22, 35:8 board's [3]-2:19, 3:16,20:18 boards [1]-34:21 body [1]-19:9 Boothroy [4]-1:11, 14:11,15:5,16:15 Boothroy's [1]-17:13 briefly [1]-30:14 bring [1]-31:10 brought [2]-12:15, 30:16 building [35]-6:16, 6:23,7:7,8:20,8:23, 9:6,9:9,9:11,9:16, 9:21,10:1,10:6, Board of Adjustment 9-30-16 Page 2 to 2 10:17,10:19,10:23, 10:24,11:4,11:8, 11:10,12:4,14:7, 18:8,19:9,22:20, 22:21,23:9,23:13, 23:19,24:2,24:5, 24:23,25:1,30:5, 33:8,33:21 Building [1]-7:24 buildings [3]-11:6, 23:12 built [1]-25:14 bulk [1]-23:9 business [1]-2:14 C C-202 [1]-17:14 cannot [14]-4:15, 6:21,6:24,10:21, 11:4,11:18,13:8, 15:11,16:14,21:12, 21:22,22:11,32:6 carefully [1]-6:4 Carlson [1]-2:21 Carlsons [2]-5:6, 14:14 Carlsons'[1]-16:16 carried [1]-26:10 case [12]-6:8,10:14, 11:24,12:22,14:6, 16:23,18:10,19:13, 21:23,29:23,31:9, 34:17 cases [1]-15:21 catch-22 [1]-19:2 category [1]-6:17 Cedar [1]-1:24 CENTER [1]-1:6 certain [4]-21:21, 30:18,31:3,35:12 certainly [2]-3:17, 34:25 certificate [2]-9:15, 11:5 CERTIFICATE [1]- 36:1 Certified [2]-36:2, 36:16 certify [1]-36:3 cetera [1]-8:11 chair [2]-29:25, 33:24 chair's [1]-4:18 CHAIRMAN [26]-2:2, 2:8,2:10,2:13,3:22, 3:24,4:8,4:23,5:3, 6:25,11:12,11:15, 17:22,18:11,30:1, 30:10,30:12,31:16, 31:19,32:19,32:25, 33:13,33:16,34:13, 35:7,35:14 change [2]-9:2, 15:20 changes [3]-10:23, 22:25,23:1 Chapter [6]-7:18, 8:3,8:4,8:15,9:8, 10:24 character [3]-20:5, 28:12,28:14 charge [1]-12:8 choose [1]-13:14 chosen [1]-26:19 CHRISCHILLES [13]- 2:6,4:5,5:1,5:4, 30:8,30:11,30:14, 33:15,34:14,34:24, 35:2,35:4,35:6 Chrischilles [4]-1:9, 2:5,4:7,33:14 circular [2]-24:15, 30:24 circumstances [1]- 30:19 cited [7]-9:5,12:24, 13:19,14:12,18:4, 20:20,24:17 cites [1]-17:14 cities [1]-8:13 citizens [1]-15:25 City [56]-3:12,4:2, 7:5,7:14,7:16,7:18, 7:19,8:3,8:6,8:18, 8:24,9:1,9:3,10:5, 10:25,13:22,15:25, 16:9,17:1,18:20, 19:19,19:20,20:1, 20:4,20:15,20:23, 20:25,21:14,21:23, 22:5,22:8,23:3, 25:4,25:10,25:17, 26:8,26:10,26:15, 26:19,26:24,27:3, 27:8,27:25,28:1, 28:11,29:3,29:14, 29:21,30:25,31:8, 32:21,33:24,34:22 CITY [1]-1:7 city [10]-3:8,5:5, 8:13,8:14,9:1,9:8, 18:21,23:24 City's [9]-19:22, 20:11,21:20,23:4, 24:11,26:3,26:8, 26:15,26:22 claimed [1]-17:19 claims [1]-21:23 class [3]-14:12, 14:13,32:22 classification [17]- 6:15,6:20,7:10, 9:23,10:17,10:19, 11:3,16:24,22:25, 24:1,24:6,24:7, 24:11,25:20,29:6, 33:18 classified [3]-4:3, 12:5,32:22 clear [3]-15:10,19:1, 30:2 clearly [15]-5:22, 6:10,13:6,13:7, 17:24,20:17,22:5, 24:25,25:23,28:14, 28:20,28:23,29:9, 29:22,33:25 close [3]-5:16,32:16, 35:17 closer [1]-11:20 closing [2]-18:15, 19:14 code [28]-6:19,6:21, 7:12,8:21,9:7, 12:18,13:5,16:17, 16:19,19:16,19:21, 19:23,20:16,21:21, 23:15,23:17,23:22, 24:17,25:7,26:4, 26:9,30:17,30:21, 31:7,31:14,32:6, 32:8,32:13 Code [21]-7:18,7:19, 7:20,7:22,7:23, 7:24,8:3,8:7,8:12, 9:1,9:3,9:8,9:12, 10:5,10:24,10:25, 17:15,20:20,20:25, 27:15,33:24 codes [2]-9:11,32:16 coming [4]-2:25,5:8, 5:9,6:5 commended [1]-2:24 commending [1]-5:5 comment [2]-4:8, 10:13 comments [2]-30:9, 30:15 commission [2]- 8:15,18:23 common [1]-29:15 community [2]- 26:16,26:23 comp [2]-19:20, 19:25 compact [1]-20:11 companies [1]-14:3 compatibility [1]- 23:10 compatible [3]- 19:16,20:8,28:18 compelled [1]-29:4 compelling [2]- 16:22,26:24 compensation [1]- 7:16 completely [1]-4:9 complexity [3]-5:12, 18:10,18:18 complicated [2]- 25:9,35:11 comprehensive [13]- 15:24,19:15,20:14, 20:23,27:18,27:21, 27:24,29:3,29:8, 29:19,31:22,31:25, 32:2 computer [1]-36:6 computer-aided [1]- 36:6 concerning [1]-12:25 concerns [4]-12:25, 13:10,18:3,32:11 conclusion [8]-5:10, 18:16,19:11,21:14, 26:21,26:25,27:12, 29:10 conditions [1]-17:3 conduct [1]-10:11 configuration [2]- 25:19,26:1 conflict [2]-19:17, 19:18 conformity [3]-8:8, 21:1,34:1 connected [3]-9:19, 20:8,28:19 connection [2]-10:3, 26:5 connie [1]-1:10 consider [3]-19:7, 26:5,32:9 consideration [4]- 5:7,10:16,27:25, 32:17 consistency [1]- 23:10 consistent [4]-20:23, 27:17,27:20,29:3 consists [1]-7:14 constantly [1]-30:21 constrained [1]- 25:16 constructed [2]- 9:16,21:25 construction [1]- 22:7 consulted [1]-7:24 contentious [1]- 2 35:10 contested [1]-25:9 context [6]-20:10, 21:12,22:21,22:23, 27:22,28:21 contiguous [1]-20:12 CONTINUED [1]-1:4 contradict [1]-26:21 contribute [1]-8:17 control [4]-15:6, 15:11,15:15 controlled [2]-14:5, 15:14 convenience [1]- 25:24 convincingly [1]- 21:13 cooking [3]-5:24, 14:25,16:4 correct [2]-17:21, 36:8 council [5]-8:13,9:2, 9:8,18:21,23:24 counsel [5]-20:19, 21:9,21:10,33:20, 34:20 course [1]-35:1 court [1]-4:10 courts [1]-25:14 courtyard [1]-25:15 coverage [1]-14:16 covered [3]-8:5, 14:9,15:9 create [4]-8:12,9:2, 20:3,28:7 created [1]-6:17 credible [1]-14:18 criteria [2]-6:1,10:8 critical [1]-34:4 CSR [1]-1:23 current [1]-30:17 D date [3]-1:18,3:15, 5:15 dated [1]-20:19 dealing [1]-30:18 dealt [1]-18:24 decision [30]-3:2, 5:8,5:17,7:1,7:5, 7:6,7:13,11:1, 11:10,13:4,18:12, 19:2,19:10,21:5, 21:6,21:15,22:12, 24:1,25:11,26:15, 26:22,27:19,29:17, 29:19,30:4,30:5, 30:6,33:8,34:5, 34:7 Board of Adjustment 9-30-16 Page 3 to 3 decisions [4]-20:17, 20:21,27:15,29:1 defined [2]-12:10, 13:5 definition [2]-12:11, 24:23 definitional [1]-24:16 definitions [1]-25:7 deliberation [1]-5:9 demand [1]-27:3 demonstrable [1]- 22:6 denial [1]-11:9 denied [1]-10:21 density [2]-7:8,11:2 deny [2]-9:10,23:19 department [1]-10:3 derives [1]-7:17 describe [1]-6:18 design [12]-11:6, 13:13,14:8,14:23, 15:10,15:11,25:17, 25:19,25:22 designation [2]-6:2, 33:19 designed [2]-20:7, 25:23 desiring [1]-15:7 despite [1]-8:22 detail [2]-11:25,12:6 details [1]-17:2 determination [4]- 21:5,21:6,34:6, 34:7 determine [1]-16:23 determined [1]-6:19 determines [2]-6:7, 6:14 determining [1]- 22:12 developer [1]-23:1 development [22]- 20:1,20:6,20:9, 20:10,20:12,22:3, 22:22,23:6,23:7, 23:11,26:17,26:24, 27:2,28:2,28:4, 28:9,28:14,28:19, 28:23,29:7,32:17 Development [1]-7:7 dictate [1]-19:23 dictated [1]-9:7 different [3]-16:25, 21:14,34:21 difficult [5]-5:8, 11:17,11:24,18:19, 32:1 digital [1]-1:19 dilemma [1]-21:16 dimensional [1]- 23:14 diminish [1]-28:9 direction [1]-36:7 directly [1]-27:5 disagree [2]-16:14, 21:12 disagrees [1]-3:19 discourage [1]-23:11 discretion [1]-9:9 discretionary [2]- 8:22,11:8 discuss [1]-3:13 discussed [2]-3:11, 24:2 discusses [1]-3:4 discussion [6]-3:25, 4:24,10:9,22:22, 24:10,35:7 disinterested [1]- 36:10 distinct [2]-8:19, 9:21 distinguished [1]- 24:19 district [3]-14:5, 15:13,15:19 document [1]-22:18 documents [1]-19:15 dominate [1]-23:12 done [3]-4:14,8:18, 32:18 door [2]-13:25,14:2 Doug [1]-1:11 down [1]-31:3 draw [1]-32:7 Drive [1]-1:24 drivers [1]-12:25 due [1]-5:12 Dulek [1]-1:11 during [2]-7:25,9:16 duty [1]-9:5 dwelling [11]-6:2, 9:24,11:4,12:5, 13:15,13:18,24:20, 24:23,25:21,31:2, 31:5 E EAST [1]-1:6 eastern [1]-13:23 easy [1]-35:11 eating [3]-5:24,15:1, 16:4 efficient [4]-20:2, 20:7,28:3,28:5 egresses [1]-17:8 either [1]-4:10 electricity [1]-9:20 elevated [1]-25:14 elsewhere [1]-27:8 emphasize [1]-13:6 emphasized [2]- 32:4,32:5 enabling [1]-7:19 encouraging [1]- 20:6 end [3]-21:7,21:25, 34:8 enforce [2]-8:25,9:3 enforcement [5]- 8:23,13:2,16:6, 16:8 enforcing [1]-16:17 ensure [1]-23:10 entertain [2]-3:25, 35:17 entertaining [5]- 12:7,12:9,14:25, 15:2,16:3 entertainment [3]- 6:18,25:5,26:2 entertainment- oriented [1]-6:18 entire [2]-19:9,27:10 environment [2]- 20:4,28:8 environmental [4]- 3:9,18:3,20:10, 28:21 Erickson [1]-12:24 erred [2]-4:2,32:22 error [13]-7:10,8:10, 10:18,10:20,11:3, 18:9,21:3,21:9, 21:10,21:15,22:16, 34:3,34:4 errors [1]-7:12 essential [1]-27:12 establish [2]-23:21, 24:3 established [5]-11:5, 21:17,24:15,27:22, 29:5 et [1]-8:11 evaluate [1]-27:19 evaluation [5]-28:4, 28:8,28:13,28:19, 28:22 eventually [1]-15:8 evidence [2]-12:13, 14:17 example [2]-9:14, 24:20 examples [1]-22:19 EXC16-00001 [1]-3:3 excellent [1]-5:7 exclusion [1]-31:15 execute [1]-9:6 exist [1]-23:2 existing [4]-20:6, 23:11,23:12,28:12 exists [1]-32:13 expect [1]-13:22 experientially [1]- 8:16 expert [1]-8:17 experts [1]-17:10 explicit [1]-16:19 extension [1]-7:18 external [1]-15:13 extreme [1]-26:10 extremely [3]-14:20, 14:22,15:4 F facade [3]-13:14, 14:4,15:17 fact [8]-7:3,14:13, 15:4,15:17,21:12, 22:24,30:17,32:12 factor [1]-6:6 facts [9]-19:7,19:11, 21:13,21:16,24:4, 28:4,28:9,28:13, 28:22 factual [1]-27:22 fails [2]-23:17,33:16 faithfully [1]-9:6 fall [1]-10:4 falls [1]-15:2 family [24]-4:4,5:23, 6:2,7:9,9:24,10:20, 11:1,11:2,11:4, 12:5,12:11,13:18, 16:11,17:6,21:23, 22:3,22:24,23:7, 24:7,29:7,31:2, 31:5,32:23,33:19 far [1]-24:1 fast [1]-20:18 favor [1]-35:20 feature [1]-14:3 features [5]-13:17, 13:19,15:13,15:16, 16:12 feet [2]-13:25,14:2 felt [3]-17:25,18:25, 30:21 few [2]-19:13,22:10 final [4]-8:25,9:14, 27:6,29:20 finally [2]-4:9,29:13 findings [3]-7:3, 11:11,16:15 Fire [1]-17:15 fire [5]-10:3,17:7, 17:10,30:19,31:13 first [6]-5:2,5:18, 3 5:19,10:13,10:16, 24:3 fit [3]-6:1,16:10,25:6 five [3]-7:14,24:10, 28:18 floor [3]-5:18,5:19, 30:13 follow [1]-35:13 following [4]-1:17, 8:3,8:5,26:25 foot [1]-22:1 force [2]-21:25,23:1 foregoing [2]-36:5, 36:7 foresee [1]-3:18 form [3]-12:9,15:1, 20:16 formal [1]-29:24 format [1]-4:20 forward [1]-32:15 foundation [1]-19:10 four [2]-13:25,14:1 front [3]-13:25,14:2, 25:23 full [1]-36:8 future [4]-4:14,16:5, 20:10,29:21 G game [1]-2:23 garage [1]-24:21 Gene [6]-1:9,5:3, 6:25,32:4,32:25, 34:19 giant [1]-25:14 given [5]-7:25,10:17, 12:1,17:20,34:10 glaring [1]-30:16 goal [2]-28:20,28:23 Goeb [1]-1:10 grant [3]-4:1,21:10, 32:20 granted [2]-9:15, 10:7 grants [2]-33:6,33:7 great [1]-12:19 greater [1]-16:13 greatly [1]-2:20 growth [2]-20:2,28:2 guess [2]-13:5,18:7 guide [1]-27:25 guided [1]-20:17 guideline [1]-28:21 guidelines [1]-24:16 guides [3]-20:1, 28:1,31:2 guilt [1]-12:22 gym [1]-14:4 Board of Adjustment 9-30-16 Page 4 to 4 H hand [2]-2:18,36:12 hands [1]-27:7 hard [2]-5:25,20:18 hard-and-fast [1]- 20:18 heard [1]-9:16 hearing [8]-3:14, 3:15,3:20,8:1,9:16, 9:18,9:22,10:14 height [2]-14:16, 23:14 Heights [1]-16:21 held [1]-1:17 help [1]-35:15 helped [2]-2:20, 18:24 hereby [1]-36:3 hereupon [1]-36:12 hesitate [1]-22:15 highly [2]-14:22, 15:10 himself [1]-2:22 historic [5]-14:5, 14:9,15:12,15:18, 18:23 home [14]-12:11, 12:20,13:8,13:15, 14:1,14:14,14:22, 15:7,15:22,16:1, 16:3,16:11,17:6, 17:8 homes [5]-13:21, 13:22,13:23,14:3, 15:21 hookup [1]-30:20 hope [4]-14:19, 19:10,31:8,32:15 hoped [1]-22:17 hose [1]-17:11 hours [4]-5:9,13:12, 24:9,24:10 house [1]-31:1 I IA [1]-1:24 idea [1]-17:23 ideal [1]-16:10 imagine [1]-25:17 immediately [1]-5:12 impact [1]-3:9 importance [1]-31:24 important [2]-6:6, 16:16 impose [1]-16:18 IN [1]-36:12 inadequacies [1]- 30:16 include [3]-5:23, 30:17,30:19 included [3]-21:9, 25:18,31:14 includes [1]-32:12 including [1]-9:13 incompatible [1]- 29:11 inconsistent [4]- 28:20,28:23,29:8, 29:19 incorrect [1]-24:6 indeed [2]-19:22, 27:2 indicates [1]-8:12 individual [1]-27:24 individually [2]- 13:20,16:12 infill [2]-15:9,32:17 inflammatory [2]- 26:13,26:20 influence [1]-22:1 information [7]-3:6, 3:9,3:18,5:11, 16:21,19:11,22:14 infrastructure [3]- 20:3,28:3,28:6 initiate [1]-35:4 input [4]-2:20,3:17, 4:16,8:15 insists [1]-27:8 inspection [2]-9:14 inspections [1]-9:13 instruct [1]-34:23 integrity [3]-20:5, 28:12,28:16 intended [4]-5:25, 6:16,23:15,24:24 intent [7]-6:5,10:11, 20:22,27:17,28:1, 29:2,31:23 intentionally [1]- 26:13 inter [1]-15:15 interest [11]-20:22, 27:16,27:20,29:2, 29:9,29:17,29:18, 29:23,31:22,32:10, 32:12 internal [1]-15:16 International [4]- 7:22,7:23,9:12, 17:15 interpretation [1]- 27:6 introduced [2]-3:10, 19:7 involve [1]-9:20 involved [3]-10:10, 18:19,19:1 involvement [1]- 30:20 Iowa [31]-7:5,7:14, 7:16,7:18,7:19,8:2, 8:6,8:12,8:18,8:24, 9:1,9:3,9:8,10:5, 10:24,10:25,13:22, 15:25,18:20,20:1, 20:20,20:25,26:15, 27:15,27:25,28:1, 33:24,34:22,36:3 IOWA [2]-1:7 issue [25]-3:9,4:9, 4:12,5:13,7:7, 10:12,15:22,16:6, 18:1,18:7,18:18, 19:1,19:9,19:15, 21:21,22:20,22:21, 23:23,24:2,25:9, 26:7,27:23,30:15, 34:15,34:20 issued [2]-6:24, 10:23 issues [14]-4:22, 4:24,8:19,9:23, 10:4,10:15,10:16, 13:3,14:8,17:7, 18:24,22:11,27:4, 31:22 issuing [1]-18:8 italicized [1]-23:16 Item [1]-3:2 items [1]-19:6 itself [4]-3:4,21:22, 23:22,29:17 J job [1]-31:24 John [2]-1:12,23:5 judge [1]-29:6 judgment [3]-21:10, 22:13,22:16 Julie [3]-1:23,23:4, 36:2 jurisdiction [1]-16:25 justly [1]-16:2 K kept [1]-6:5 kind [2]-5:15,12:17 kitchen [2]-24:13, 25:18 Kluber [2]-1:23,36:2 knowledge [1]-12:15 L lack [2]-13:21,33:16 laid [1]-5:20 land [6]-20:1,20:3, 24:18,25:4,28:3, 28:6 language [6]-26:20, 26:21,27:13,27:23, 28:1,29:5 large [4]-14:22, 14:24,15:5,15:7 Larry [3]-1:9,31:23, 32:4 Larry's [2]-30:15, 30:23 last [7]-3:5,3:11, 4:19,17:21,18:7, 23:16,28:21 latitude [1]-21:11 law [11]-27:1,27:3, 27:6,27:9,27:11, 27:13,27:19,28:24, 29:5,29:22 laying [1]-19:10 lead [1]-21:13 leads [1]-19:12 least [1]-25:1 led [2]-6:10,9:3 legal [1]-29:11 legislation [1]-9:7 legislative [1]-9:4 length [1]-17:11 letter [4]-26:25, 27:11,28:24,29:22 level [1]-9:10 lies [1]-6:17 life [1]-28:10 lightly [1]-12:3 likely [1]-5:15 likewise [2]-12:1, 12:4 limit [2]-25:11,25:13 limited [2]-8:22,9:9 list [2]-19:6,25:16 listed [1]-6:21 listened [1]-6:4 listing [1]-7:13 lived [1]-18:19 living [9]-5:24,12:10, 14:25,15:2,16:4, 20:4,24:14,25:19, 28:7 located [1]-7:8 Lochwood [1]-1:24 lockers [3]-14:2, 14:4 logic [3]-24:15, 25:11,29:15 logical [3]-9:5,25:3, 26:10 long-term [1]-28:15 look [7]-23:25,25:22, 25:25,31:4,31:9, 4 32:16,34:16 looked [2]-5:18,5:19 looking [1]-23:6 lost [1]-12:25 low [2]-7:8,11:2 Lusk [6]-4:3,7:9, 10:11,11:6,23:5, 32:23 lying [1]-14:15 M Madsen [1]-14:6 maintains [1]-19:20 majority [1]-13:19 mandate [3]-21:24, 22:25,29:11 mandates [1]-28:25 manner [2]-5:21, 20:7 mark [1]-3:22 Mark [2]-1:13,29:24 materials [1]-17:18 matter [5]-5:8,7:15, 7:25,11:10,35:16 meals [1]-5:24 mean [2]-17:1,17:7 means [1]-8:16 meant [1]-34:24 meet [4]-10:8,20:22, 27:16,29:2 MEETING [1]-1:4 Meeting [1]-35:23 meeting [17]-1:17, 2:3,3:1,3:5,3:11, 3:13,3:16,3:20, 4:12,4:13,4:15,8:6, 17:21,24:9,24:10, 35:18 meetings [1]-2:17 meets [2]-23:13, 24:12 Members [2]-1:9, 1:10 members [1]-7:15 memo [6]-14:11, 16:15,17:13,20:19, 23:3,23:5 mentioned [1]-14:6 merely [1]-19:20 met [2]-9:11,14:16 metaphor [1]-2:23 middle [1]-24:3 might [3]-9:19, 15:19,26:19 mind [1]-5:1 minded [1]-5:16 minimum [2]-23:8, 24:13 minimums [1]-24:15 Board of Adjustment 9-30-16 Page 5 to 5 minutes [1]-19:13 misclassified [1]- 6:13 misinterpretation [1]- 21:15 misuse [1]-21:15 modeled [1]-7:1 modify [5]-8:10, 21:4,33:21,34:4, 34:12 moot [1]-24:5 moral [1]-29:16 most [2]-6:6,26:20 motion [10]-3:1,3:4, 3:25,30:3,31:17, 32:20,33:16,35:17, 35:22 move [1]-4:1 moved [3]-4:6,35:19, 35:20 MR [30]-2:6,3:23, 4:1,4:5,4:20,4:25, 5:1,5:4,7:1,11:14, 29:25,30:8,30:11, 30:14,32:20,33:6, 33:11,33:15,33:23, 34:14,34:19,34:24, 34:25,35:2,35:3, 35:4,35:5,35:6, 35:9,35:19 MS [19]-2:5,2:7,2:9, 2:11,2:12,4:6, 11:16,17:23,30:2, 31:18,31:20,33:2, 33:3,33:7,33:9, 33:10,33:12,33:14, 35:20 must [9]-6:12,19:23, 21:13,27:1,27:3, 27:19,28:18,29:14, 32:7 muster [1]-26:20 mutually [1]-19:17 N NDS [2]-4:2,32:21 NE [1]-1:24 necessary [1]-26:7 necessity [1]-3:19 need [5]-16:2,23:25, 29:24,31:13,32:13 needs [2]-6:19,16:9 neighborhood [8]- 13:2,15:7,15:12, 16:11,20:11,26:16, 26:23,28:15 Neighborhood [1]- 7:6 neighborhoods [2]- 20:6,28:12 neighboring [1]- 28:10 neighbors [3]-13:10, 16:7,32:10 never [2]-5:20,18:25 new [7]-3:18,3:20, 6:20,20:6,23:11 newly [1]-9:15 next [1]-22:10 non [3]-13:8,15:18 normally [2]-3:3,7:2 note [5]-13:6,13:18, 16:25,17:18,27:23 noted [1]-15:5 notes [3]-17:24, 36:5,36:8 noticed [1]-23:7 November [1]-36:13 nuisance [2]-12:21, 16:5 number [4]-8:6,28:7, 28:11,28:18 O obey [1]-27:3 obeyed [1]-27:9 objection [3]-10:2, 10:10,17:20 obligated [1]-29:21 obligation [1]-28:25 obviously [1]-15:14 occupancy [5]-9:15, 11:4,11:5,24:25, 25:2 oddities [1]-34:17 OF [2]-1:4 office [2]-21:8,21:18 officer [1]-34:9 official [8]-8:23,9:6, 9:10,10:24,11:9, 11:10,30:5 official's [1]-33:8 old [1]-14:3 once [1]-35:14 one [25]-4:8,5:9, 5:15,7:15,9:18, 12:24,15:4,15:23, 16:20,22:21,23:3, 23:20,23:23,24:13, 25:15,25:18,26:15, 26:22,27:4,31:20 open [3]-3:14,5:16 open-minded [1]- 5:16 opening [3]-3:19, 18:15,19:14 opinion [4]-6:10, 27:18,30:22,34:11 opinions [1]-31:3 opportunities [1]- 12:7 oppose [1]-27:2 order [11]-2:4,2:14, 8:11,20:2,20:3, 21:4,21:6,28:2, 28:7,34:5,34:6 Ordinance [1]-20:25 ordinance [4]-7:19, 7:20,8:25,17:17 Ordinances [1]- 33:24 ordinances [4]-7:21, 8:9,21:2,34:2 oriented [1]-6:18 original [1]-31:16 ought [3]-19:16, 21:7,34:7 ourselves [1]-4:17 out-of-towners [2]- 14:24,15:23 outcome [1]-29:20 outlining [1]-31:24 outside [5]-4:12, 4:13,10:4,31:4, 31:6 overall [1]-16:24 overlay [5]-14:6, 14:10,14:13,15:13, 15:18 override [1]-32:2 overturn [2]-30:4, 33:8 overview [1]-18:16 overwhelmingly [1]- 29:8 own [3]-5:10,13:8, 14:1 owned [2]-14:24, 15:23 owners [1]-28:17 P p.m [2]-1:5,35:23 packet [2]-5:11,5:13 page [1]-19:25 pages [3]-18:14, 22:10,36:7 paragraph [1]-31:21 paragraphs [1]- 26:18 parcel [1]-18:6 park [1]-13:8 parked [1]-13:11 parks [1]-13:16 Parmenter [1]-1:13 PARMENTER [7]- 3:23,29:25,33:23, 34:19,34:25,35:3, 35:5 part [3]-10:13,11:12, 12:10 partially [2]-24:24, 25:1 participating [1]- 2:25 participation [3]- 2:16,2:20,35:15 particular [2]-2:21, 12:12 partly [3]-8:10,21:4, 34:5 parts [2]-16:14, 23:21 passed [1]-35:22 passionate [1]-32:10 past [1]-8:18 path [2]-31:3,35:12 patience [2]-2:16, 11:25 people [1]-11:25 people's [1]-15:17 per [1]-9:18 perceive [2]-20:17, 23:22 percentages [1]- 12:16 perhaps [8]-13:10, 13:20,14:5,15:8, 15:14,17:2,32:16, 34:17 permanent [1]-10:21 permission [1]-3:16 permit [18]-6:23,7:7, 9:10,9:21,10:1, 10:7,10:21,10:23, 11:9,18:5,18:8, 19:9,22:20,22:21, 23:19,24:2,24:5, 33:22 permits [2]-8:20, 9:17 permitted [3]-6:22, 11:1,14:13 person [5]-18:5, 25:22,25:25,26:4, 36:10 personally [2]-17:8, 32:1 perspective [1]-23:4 pertinent [1]-30:24 phrase [1]-27:11 physically [1]-11:21 pits [1]-19:15 place [2]-1:18,16:18 plan [19]-5:18,5:19, 7:11,9:25,15:24, 19:16,19:20,19:25, 5 20:14,20:23,27:18, 27:21,27:24,29:3, 29:8,29:20,31:23, 31:25,32:2 planning [3]-8:14, 18:22,34:21 plans [1]-22:2 playing [1]-2:23 pleased [1]-2:18 plus [1]-22:1 plus-foot [1]-22:1 point [6]-7:12,15:4, 16:17,16:20,30:23, 30:25 pointed [1]-16:7 points [2]-5:7,14:12 pole [1]-14:7 police [1]-13:1 pool [1]-24:21 position [4]-19:22, 21:20,33:20,33:23 possibilities [1]-31:4 possible [1]-16:5 potential [1]-26:6 potentially [1]-14:9 power [12]-8:25, 10:22,11:8,21:24, 22:1,22:8,26:11, 26:12,33:21,34:12, 34:23 powers [8]-7:17,8:5, 8:22,21:8,21:18, 21:20,21:22,34:8 Powers [1]-8:4 practicality [1]-8:16 prerogative [1]-4:19 present [3]-1:9,1:11, 1:13 presentation [1]- 12:14 presentations [1]- 5:6 presented [5]-16:15, 19:12,22:11,22:15, 36:10 presenters [1]-12:24 preservation [1]- 18:23 presumable [1]-9:5 presuming [1]-12:22 prevent [1]-26:12 previous [1]-26:18 primary [3]-24:18, 25:4,26:1 principal [8]-5:25, 6:3,6:7,6:11,6:14, 6:16,24:18,24:20 principles [1]-20:11 private [1]-25:24 problematic [1]- Board of Adjustment 9-30-16 Page 6 to 6 13:19 problems [9]-16:8, 22:6,22:22,22:23, 23:2,23:22,23:23, 24:5,26:7 proceed [1]-24:6 proceedings [1]-36:5 PROCEEDINGS [1]- 2:1 process [5]-8:17, 8:19,9:7,9:20,9:21 project [2]-11:19, 11:21 promise [1]-18:12 promised [1]-18:13 promote [2]-20:5, 28:11 proper [2]-13:11, 16:18 properly [2]-10:18, 12:4 property [8]-7:8, 7:10,10:7,11:8, 13:8,13:12,18:6, 28:16 proposed [5]-4:3, 9:25,23:13,24:25, 32:22 proposing [1]-12:8 protect [2]-20:5, 28:11 protection [2]-26:6, 30:19 provide [1]-12:1 provided [4]-3:8,5:7, 9:10,12:13 provision [1]-18:4 provisions [3]-8:8, 21:2,34:1 public [24]-3:14, 3:20,4:12,4:13, 4:15,4:17,8:1,8:15, 10:13,10:14,20:22, 25:24,26:6,27:16, 27:20,29:2,29:9, 29:17,29:18,29:23, 31:22,32:9,32:12 purpose [4]-20:20, 23:8,23:18,27:15 purposes [2]-23:16, 23:20 pursuant [4]-7:21, 8:9,21:3,34:2 put [1]-14:3 putting [2]-17:12, 17:13 Q qualify [1]-6:2 quality [3]-20:3,28:7, 28:10 questions [1]-22:13 quick [1]-31:20 quite [2]-24:12,25:7 quote [6]-19:25, 21:18,23:3,23:6, 25:1,29:1 quoted [1]-34:1 quoting [1]-20:25 R raise [1]-33:18 raised [5]-10:2, 10:12,10:15,10:16, 18:3 Rapids [1]-1:24 rather [1]-25:24 rationale [1]-24:11 re [2]-14:3,14:12 reach [2]-5:17,29:9 read [11]-4:21,7:4, 11:11,18:13,18:14, 18:15,19:5,19:14, 23:21,31:17,31:21 readily [1]-17:3 ready [1]-33:1 realignments [1]- 21:24 reality [1]-23:2 really [2]-15:11,19:7 reason [1]-23:18 reasonable [3]- 25:22,25:25,26:4 rebuttal [1]-26:24 receive [1]-4:16 received [3]-3:6, 5:11,17:18 recognize [2]-13:13, 18:9 recommendations [1] -8:14 record [1]-11:13 recording [1]-1:19 recreational [2]-25:5, 26:2 recused [1]-7:15 RECYCLING [1]-1:6 reduced [1]-36:6 reference [1]-7:22 refers [1]-15:24 reflect [1]-28:5 reflecting [1]-20:14 refurbished [1]-14:4 regarding [9]-5:6, 8:2,10:2,12:14, 14:12,17:7,17:15, 17:17,23:5 regardless [2]-22:5, 29:20 regards [1]-13:7 regulate [1]-13:3 regulations [6]-8:20, 15:9,16:17,17:9, 31:11,32:7 regulatory [1]-19:21 rein [1]-30:15 reinforce [1]-30:15 reinforcing [1]-19:17 reiterate [1]-35:9 related [1]-10:5 relates [1]-27:13 relation [1]-22:7 relevance [1]-19:8 relevant [2]-17:5, 21:16 remedy [1]-34:18 remove [1]-23:1 render [1]-29:1 repeat [1]-27:15 repeatedly [1]-25:10 Reporter [2]-36:2, 36:16 reports [1]-7:2 representing [1]- 2:22 request [2]-34:24, 35:1 require [1]-3:13 required [3]-5:17, 9:18,22:2 requirement [5]- 21:4,21:6,24:13, 34:5,34:7 requirements [3]- 9:11,23:8,23:14 requires [1]-18:5 reserve [1]-4:18 residence [4]-5:20, 9:25,10:20,24:14 residences [1]-21:23 residency [1]-26:2 resident [1]-15:25 residential [16]-4:4, 5:23,6:10,6:11, 6:15,7:8,7:11, 24:11,24:21,24:24, 25:2,25:21,26:14, 29:7,32:18,32:23 Residential [2]-7:23, 9:12 residents [5]-15:25, 17:13,20:4,28:8, 28:10 resolve [1]-27:9 resolved [1]-29:14 respect [1]-2:19 Responding [1]- 10:15 response [3]-10:15, 26:3,26:8 responsibilities [1]- 10:4 responsibility [1]- 12:2 rest [1]-31:3 rested [1]-25:11 restrictions [2]- 16:19,32:14 restrooms [1]-25:23 rests [2]-8:13,9:1 retail [1]-16:5 return [1]-27:13 returned [1]-27:10 revealed [1]-24:12 reverse [3]-8:10, 21:3,34:4 review [2]-10:12, 11:6 rhetorically [1]-26:19 rigid [1]-22:16 risk [1]-17:13 RMR [1]-1:23 role [3]-4:13,20:18, 27:14 roll [1]-2:4 rough [1]-9:14 rough-out [1]-9:14 RS-5 [5]-6:22,6:23, 7:9,11:2,25:12 rule [1]-29:10 ruled [1]-31:15 rules [3]-4:10,20:18, 31:11 run [1]-23:25 S safe [2]-26:16,26:23 safety [2]-12:24,26:6 sanitary [3]-10:3, 21:24,26:5 SAO [2]-17:20,17:25 Sarah [1]-1:11 saw [1]-18:2 scale [2]-14:7,14:8 scrutiny [1]-5:16 second [2]-4:5,4:6 secondary [1]-26:3 seconded [1]-32:25 Section [2]-17:14 section [4]-7:23, 20:1,22:12,24:3 sections [1]-20:14 see [2]-25:23,26:1 seek [1]-23:10 seeking [1]-18:5 seem [1]-35:11 sense [1]-29:16 6 sensitive [9]-10:12, 11:7,16:22,17:17, 20:9,22:4,28:20, 30:20,31:13 separated [1]-27:24 September [4]-2:3, 14:11,17:14,20:19 SEPTEMBER [1]-1:5 series [1]-24:4 serve [5]-7:16,20:21, 27:16,29:1,29:22 served [4]-18:20, 18:21,18:22,18:23 Services [1]-7:7 set [3]-3:15,35:12, 36:12 setback [1]-23:14 setbacks [1]-14:16 setting [1]-3:20 settled [1]-4:10 several [1]-30:16 sewer [7]-9:17,10:3, 17:2,21:24,26:5, 30:19,31:13 shackled [1]-30:21 shall [4]-8:5,20:21, 21:7,34:8 shared [1]-17:2 sheer [1]-5:13 short [2]-2:14,23:3 Shorthand [2]-36:2, 36:16 shorthand [3]-36:4, 36:5,36:8 shown [1]-15:21 sic [1]-13:23 SIDE [1]-1:6 side [5]-13:21,13:23, 13:24,29:4,29:16 sides [1]-6:5 signaling [1]-13:17 significant [1]-10:9 similar [1]-20:13 simple [2]-24:12, 25:8 simplest [1]-19:18 simply [3]-11:18, 21:12,32:6 single [25]-4:4,5:23, 6:2,7:9,9:24,10:20, 11:1,11:2,11:4, 12:5,12:11,16:11, 17:6,21:23,22:3, 22:24,23:7,24:7, 26:16,26:22,29:7, 31:2,31:5,32:23, 33:19 single-family [22]- 4:4,5:23,6:2,7:9, 9:24,10:20,11:1, Board of Adjustment 9-30-16 Page 7 to 7 11:2,11:4,12:5, 16:11,17:6,21:23, 22:3,22:24,23:7, 24:7,29:7,31:2, 31:5,32:23,33:19 single-family-home [1]-12:11 site [4]-7:11,9:25, 22:1,26:12 situation [2]-19:3, 36:9 six [1]-24:9 size [3]-5:13,15:6, 25:16 sleeping [3]-5:24, 14:25,16:4 slope [2]-26:6,30:20 slopes [3]-3:10, 16:22,31:13 social [1]-25:5 SOGLIN [7]-2:12, 11:16,17:23,31:18, 31:20,33:3,33:9 Soglin [3]-1:9,2:11, 33:2 sold [1]-14:2 sometimes [1]-15:15 somewhat [1]-8:19 sooner [1]-32:18 sorry [5]-11:18, 30:10,31:18,31:19, 33:5 sort [1]-18:15 southern [1]-13:24 space [6]-5:21,5:22, 6:9,23:12,24:14 spatial [1]-25:25 SPEAKER [1]-3:21 specific [3]-7:20, 8:14,34:17 specifically [1]-21:9 speculative [1]- 12:18 spent [1]-5:9 split [1]-22:23 sports [1]-2:23 springboard [1]-31:9 stability [1]-28:16 Staff [1]-1:11 staff [7]-3:8,5:5,7:2, 8:17,20:16,23:24, 34:20 stage [1]-25:14 stand [1]-11:20 standard [1]-12:17 standards [5]-14:17, 23:7,23:9,32:17, 32:18 start [5]-4:9,4:19, 5:4,10:14,18:17 State [1]-36:3 state [2]-10:6,17:25 statement [8]-2:15, 4:23,18:14,19:4, 23:17,23:18,23:20, 27:10 statements [3]-4:21, 20:13,23:8 states [3]-8:3,8:7, 13:7 still [6]-4:11,13:15, 16:11,30:12,33:20 stop [1]-26:11 street [1]-22:1 strongly [1]-31:8 structure [24]-4:3, 4:4,5:19,6:1,6:3, 6:8,6:12,6:13,6:23, 9:24,10:1,12:20, 16:10,22:8,24:19, 24:25,25:12,25:13, 25:20,26:1,26:11, 31:1,32:22,32:24 structures [1]-12:16 stuff [1]-19:5 subject [1]-11:7 subsequent [1]-4:10 sufficiency [1]-17:16 sufficient [1]-17:11 suggest [1]-20:13 suggested [1]-13:17 suggestion [1]-34:15 sum [1]-16:13 summary [1]-7:3 summed [1]-23:4 superficially [1]-25:3 supervision [1]-36:7 surprised [1]-17:9 surrounding [3]- 20:9,28:15,28:19 Susan [1]-1:11 suspect [2]-27:6, 34:19 sustainable [1]-20:8 T tailgating [4]-10:11, 13:4,13:7,13:9 talks [1]-7:3 Tallman [1]-23:5 tap [2]-9:17 ten [3]-25:12,25:13, 25:15 term [1]-28:15 terms [4]-18:20, 18:21,19:18,33:21 testimony [4]-7:25, 9:18,22:14,24:9 thanking [1]-2:15 THE [1]-1:4 themselves [1]-22:2 therefore [6]-6:12, 6:22,21:21,22:8, 25:3,28:24 thereto [3]-8:9,21:3, 34:2 thinking [1]-5:16 thorough [3]-14:20, 16:24,22:17 thoroughly [1]-3:11 threatens [1]-28:15 three [7]-10:15, 10:16,22:7,28:11, 31:22,33:17,34:10 throughout [1]-27:10 ticketed [1]-13:1 Tim [3]-1:9,18:8, 32:19 Title [2]-7:19,7:21 title [7]-8:8,20:22, 21:2,27:17,29:2, 31:23,34:2 titled [1]-7:21 today [2]-13:4,17:19 tone [1]-26:21 tonight [2]-4:10,4:16 towed [1]-13:1 towners [2]-14:24, 15:23 transcribe [1]-36:4 transcribed [1]-1:18 transcript [2]-1:17, 36:8 transcription [1]- 36:6 treated [2]-2:19,16:2 troubled [1]-22:13 truth [1]-24:4 turn [1]-11:13 turnaround [2]- 21:25,26:7 two [6]-18:20,18:21, 19:15,25:13,26:18, 28:7 types [2]-30:20, 31:13 U ultimately [3]-6:7, 17:4,17:10 unattractive [1]- 14:23 under [9]-7:19,8:4, 8:20,15:2,24:1, 30:18,33:24,36:6, 36:9 understandable [1]- 32:11 unfair [1]-26:19 UNIDENTIFIED [1]- 3:21 uniform [1]-23:9 University [1]-16:21 unless [2]-3:18,32:5 unlike [1]-5:14 unquote [1]-21:19 unusual [2]-14:22, 15:10 up [7]-3:14,3:19, 14:19,23:4,31:12, 32:14 upheld [3]-26:15, 26:22,33:19 uphold [2]-30:6, 34:11 uses [6]-5:22,6:8, 6:9,12:8,12:16, 25:5 utilities [1]-9:19 V values [1]-20:15 variations [1]-25:16 various [1]-16:1 vehicles [2]-13:1, 13:11 venue [1]-26:2 versus [1]-6:7 view [2]-21:10,31:1 vision [1]-20:1 voice [1]-11:19 voluntarily [1]-7:16 vote [7]-29:24,30:3, 30:5,30:6,33:1, 33:7,35:22 votes [2]-33:17, 34:11 W WALZ [12]-2:5,2:7, 2:9,2:11,4:6,30:2, 33:2,33:7,33:10, 33:12,33:14,35:20 Walz [1]-1:12 water [1]-9:17 weight [1]-29:15 Weitzel [5]-1:9,2:9, 4:6,33:10,35:20 WEITZEL [10]-4:1, 4:20,4:25,7:1, 11:14,32:20,33:6, 33:11,35:9,35:19 wetlands [2]-3:10, 22:3 WHEREOF [1]-36:12 wholly [4]-8:10,21:4, 24:23,34:5 7 wife [1]-18:13 windows [2]-13:21, 13:22 wise [3]-20:2,28:2, 28:5 WITNESS [1]-36:12 word [2]-22:16, 26:13 words [2]-26:4,26:9 worse [2]-26:12, 26:14 write [1]-18:24 written [2]-18:12, 32:5 wrongful [1]-7:11 Y Yapp [2]-1:12,23:5 years [2]-18:20, 18:25 Z zone [10]-6:22,6:23, 7:9,8:25,11:2, 14:12,24:21,25:4, 25:12,26:14 zones [2]-8:12,9:2 Zoning [9]-7:18, 7:20,7:21,8:3,8:7, 9:1,9:3,10:5,10:25 zoning [27]-6:19, 6:21,7:12,8:15, 8:19,8:20,8:21, 8:23,8:24,9:7,9:11, 16:17,18:22,19:16, 19:21,19:23,20:16, 21:20,24:16,25:7, 30:17,30:21,31:10, 31:14,34:16,34:21