HomeMy WebLinkAboutBOA Packet 2.13.19IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, February 13, 2019 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Nomination and selection of Board Chair and Vice Chair
D. Special Exception Item
1. EXC18-00008: An application submitted by Linda Annis for a special exception to
allow for a buildable, non-conforming lot in the Low Density Single-Family (RS-5)
zone single-family zone located between 409 & 415 Kimball Road in order to build a
single family home.
E. Review Board Procedures
F. Consider the December 12, 2018 minutes
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, March 13, 2019
If you will need disability-related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
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STAFF REPORT
To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner
Item: EXC18-00008 Date: February 13, 2019
409 Kimball Rd
Parcel Number: 2015023
GENERAL INFORMATION:
Applicant/Property Owner: Linda Annis
409 Kimball Road
(319) 335-1029
Requested Action: Special Exception to allow for a buildable,
non-conforming lot
Purpose: To allow the construction of a single-family home
Location: Vacant lot between 409 & 415 Kimball Road
Location Map:
Size: 12,935 square feet
Existing Land Use and Zoning: Vacant, Low Density Single Family Residential
(RS-5)
Surrounding Land Use and Zoning: North: Residential, Low Density Single Family
Residential (RS-5)
East: Residential, Low Density Single Family
Residential (RS-5)
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South: Residential, Low Density Single Family
Residential (RS-5)
West: Residential, Low Density Single Family
Residential (RS-5)
Applicable Code Sections:14-4E-7F,Regulation of Non-Conforming Lots;
14-4B-3A, Approval Criteria for Special Exceptions
File Date: December 11, 2018
BACKGROUND:
In 2015, the owner and applicant, Linda Annis, applied for and was granted by the City a
division that resulted in the creation of a non-conforming lot between 409 & 415 Kimball Road.
This lot is considered non-conforming due to the lot width, defined as “the length of the front
setback line”, which in the Low Density Single-Family Residential zone (RS-5) is measured at
fifteen feet (15’) back from the right-of-way.
The subject property is less than that at approximately fifty feet (50’) at the front setback line.
According to the Iowa City Municipal Code, the minimum lot requirements are in place to
“ensure that a lot is of a size, width, and frontage that is appropriate for the uses permitted in the
subject zone and will ensure, in most cases, that the other site development standards of this
title can be met.” In the Low Density Single-Family Residential zone (RS-5) zone, the minimum
lot width requirement is sixty feet (60’) as measured at the front setback line.
The lot width is different than the lot frontage, which is defined as “the continuous width of a lot
measured along the street right-of way line.” The minimum lot frontage in the RS-5 zone is forty-
five feet (45’). The subject lot meets that minimum lot frontage requirement.
The applicant is seeking a Special Exception to establish a legal non-conforming lot in order to
allow development of a single-family home.
1
The zoning code regulations for non-conforming lots allow a special exception for such
circumstances:
In cases where two (2) or more abutting lots of record have become in single ownership and are
deemed a single parcel as set forth in subsection E of this section, the board of adjustment may
grant a special exception to re-establish a lot of record previously combined with an adjacent lot
in order to allow a single-family dwelling and accessory buildings to be installed on said lot,
notwithstanding a failure to meet the requirements of the zone for lot area or lot width, provided
all of the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at least forty feet (40') in width; and
3. The request meets all other standards and requirements of this title, including setback and
frontage requirements.
1 In December 2018, the City approved a lot line adjustment to convey some of the land from the vacant
lot to 409 Kimball to create a more rectangular shaped lot.
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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 specific
criteria included for Section 14-4E-7F,pertaining to the regulation of non-conforming lots, as well
as the General Standards laid out in Section 14-4B-3.
Each criterion must be met, and the burden of proof is on the applicant to provide evidence in
support of approval of each criteria.
The applicant’s comments regarding each of the specific and general standards are included on the
attached application form. Staff comments related to the specific and general approval criteria are
set forth below.
Specific Standards: 14-4E-7F: Regulation of Non-Conforming Lots
F. In cases where two (2) or more abutting lots of record have become in single
ownership and are deemed a single parcel as set forth in subsection E of this section,
the board of adjustment may grant a special exception to reestablish a lot of record
previously combined with an adjacent lot in order to allow a single-family dwelling and
accessory buildings to be installed on said lot, notwithstanding a failure to meet the
requirements of the zone for lot area or lot width, provided all of the following
conditions are met:
1. Granting of the requested exception results in appropriate, compatible development
with surrounding residential development;
FINDINGS:
x The area along Kimball Road developed with only single-family homes between the
late 1800’s to the late 1900’s which resulted in a diverse neighborhood in terms of
home styles and sizes.
x The area is also diverse in terms of lot sizes, shapes, and existing setbacks which
range from approximately thirteen feet (13’) to over two-hundred feet (200’) along
Kimball Road.
x There are also other lots with lot widths less than sixty feet (60’) such as 445 Kimball
Road which is approximately thirty-six feet (36’) at the front setback line and, 502 &
507 Kimball Road which are both approximately fifty-two feet (52’) at the front
setback line (Attachment 7).
x Due to the diversity in the neighborhood with respect to lot widths and front setbacks,
allowing this non-conforming lot to be buildable would not be out of character.
x The property is sufficiently wide to allow a standard single-family home (of similar
size to others in the immediate vicinity) to be constructed that meets all setbacks
(front, side, and rear) with the minimum driveway length of 25 feet.
x A staff recommendation that the home on this lot must be built no further than 45 feet
from the front lot line in order to maintain a consistent setback with the single-family
developments on the two adjacent lots.
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2. The dwelling must be located on a lot of record that is at least forty feet (40') in
width; and
FINDINGS:
x This lot is a lot of record and the plat of survey was recorded May 15, 2015.
x The lot width is approximately fifty feet (50’) measured at the front setback line (15
feet from the right-of-way).
3. The request meets all other standards and requirements of this title, including
setback and frontage requirements.
FINDINGS:
x The only non-conforming part of this property is the lot width. All other dimensions
meet the minimum requirements.
x The lot area requirement is met as the minimum is 8,000 square feet and the subject
lot is 12,935 square feet.
x The lot frontage is forty-five feet (45’) and meets the minimum requirement of forty-
five feet (45’).
x A driveway must meet the required minimum depth of 25 feet, which is possible on
this lot.
x The lot is sufficiently wide at the setback line to meet or exceed all other setback
requirements. The purpose of setback requirements, as stated in the zoning code is
as follows:
o Maintain light, air, separation for fire protection, and access for firefighting;
o Provide opportunities for privacy between dwellings;
o Reflect the general building scale and placement of structures in the city's
neighborhoods;
o Promote a reasonable physical relationship between buildings and between
residences; and
o Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
General Standards: 14-4B-3: Special Exception Review Requirements:
In order for the Board of Adjustments to grant this special exception request, each of the
following criterion below must be met. The burden of proof is on the applicant, and their
comments regarding each criterion may be found on the attached application. Staff comments
regarding each criterion are set below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
x It is possible to build a home to zoning code standard and meet all setback
requirements to allow for fire protection and fire separation
x Public Works Staff has determined that the addition of a driveway curb cut on this lot
is appropriate subject to all access standards.
x Transportation Planners reviewed the location for a driveway on the vacant lot and
determined that visibility is clear for approximately 400 feet to the west (near
driveway for 311 Kimball Road) and 300 feet to the east (near driveway for 421
Kimball Road). Based on the 25-mph speed limit on Kimball Road, the recommended
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sight distance from the American Association of State Highway and Transportation
Officials would be met.
2. 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.
FINDINGS:
x All dimensions of the lot, aside from the lot width, are conforming.
x The lot width is only ten feet (10’) less than what is required in an RS-5 zone.
x The only use allowed as a permitted use on this lot is a single-family home, which is
consistent with the residential character of the neighborhood and the purpose of the
zone.
x The lot is of sufficient width to build a home with front, side, and rear setbacks
consistent with other homes in the immediate vicinity and that meet or exceed the
minimum requirements.
x In order to preserve the sense of rear yard privacy and seclusion enjoyed by the
property owners of 409 & 415 Kimball Road, staff recommends that any house built
on the vacant lot be built no further than forty-five feet from the right-of-way in order
to establish a front setback and building placement that is consistent with the two
immediately adjacent homes.
x In order to reduce imposition on the property at 409 Kimball Road, staff recommends
a condition that prohibits the construction of any structure such as a wall, fence or
driveway in the sightline of the house on 409 Kimball. This is approximately 15 feet
east of the point of beginning referenced on the 2015 plat of survey and
approximately 34 feet from the right-of-way. The sightline is shown on the diagram
below
6
3. 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 district in which such property is located.
FINDINGS:
x This neighborhood has developed with a variety of home styles and setbacks.
x The lot provides adequate width and space to allow development of a single-family
home with a front setback that is consistent with the two adjacent lots (i.e. it is not
necessary or desirable to set the home significantly further back from the road than
the adjacent homes).
x Granting this special exception will not diminish the opportunity for surrounding
properties to make improvements or to be further developed for uses allowed in the
RS-5 zone.
x Allowing the development of another single-family residence will not change the
character of the neighborhood significantly.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDINGS:
x The neighborhood along Kimball Road has been developed with utilities, access
roads, and all other necessary facilities.
x Public Works Staff confirmed that the lot has access to public water and sanitary
sewer.
5. Adequate measures have been or will be taken to provide ingress or egress designed
to minimize traffic congestion on public streets.
FINDINGS:
x As the proposed lot is not on an arterial street, one additional curb cut and home will
not significantly impact traffic in this area. According to the Metropolitan Planning
Organization of Johnson County, Kimball Road can handle up to 12,000 trips per
day. The most recent traffic counts, taken in 2014, show that Kimball Road has about
1,240 vehicle trips per day. The addition of one single family home would add
approximately 10 or fewer trips per day.
x There is adequate room for a driveway on the proposed lot. Driveways must be
constructed to City Design Standards which require that:
o Driveways be at least twenty-five feet (25’) in length between the entrance to
the garage or carport and the street right-of-way
o Hard-surface drives must be set back at least three feet (3’) from any side or
rear lot line.
o Along local and collector streets, there must be at least six feet (6’) between
curb cuts measured at the curb line.
o For properties with a single access point, the maximum driveway width is
twenty-four feet (24’) measured at the property line, and thirty feet (30’)
measured at the curb line.
7
6. 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.
FINDINGS:
x The only non-conforming aspect of this lot is the lot width. All other dimensional
requirements including lot area are conforming.
x Any single-family development on this site will be reviewed to ensure compliance
with all other zoning regulations.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
x The Comprehensive Plan calls for compatible infill development that adds diversity
and character to neighborhoods. This would allow for infill of a vacant lot.
x The North District Plan calls for retaining the predominately single-family residential
character of existing neighborhoods, and allowing this special exception would
restrict development of this lot to single-family development.
CORRESPONDANCE RECEIVED:
Staff received letters of opposition from neighbors at 311 Kimball Road and 415 Kimball Road, as
well as a letter prepared by the neighbors at 401 Kimball Road and signed by surrounding neighbors
(Attachments 8, 9, & 10). The applicant, Linda Annis,also provided staff a letter disputing some of
the information included in neighbor opposition letters, as well as a copy of the release of purchase
agreement between Linda and the owners of 415 Kimball (Attachments 11 &12). All correspondence
has been included as attachments.
STAFF RECOMMENDATION:
Staff recommends approval of EXC18-00008 to make the lot between 409 & 415 Kimball buildable
for a single-family home with the following conditions:
1. The home on the lot must be built no further than 45 feet from the front lot line in order to
maintain a consistent setback with the single-family developments on the two adjacent lots.
2. No structures (e.g. fence, wall, driveway) may be built within the sightline of the existing
house on 409 Kimball Rd. nor should the driveway extend into this area. The sightline is
approximately fifteen feet (15’) east of the 409 Kimball Rd parcel point of beginning, as
referenced from the 2015 plat of survey and approximately 34 feet from the right-of-way as
shown below.
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ATTACHMENTS
1. Location Map
2. Zoning Map
3. Application Materials
4. 2015 Division
5. 2018 Boundary Line Adjustment
6. Special Exception Exhibit
7. Lots less than 60’ (map)
8. 311 Kimball Letter of Opposition
9. 415 Kimball Letter of Opposition
10. Neighborhood Letter of Opposition
11. Annis Rebuttal
12. Release of Purchase Agreement
Approved by: _________________________________
Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
409 KIMBALL RD415 KIMBALL RDKIMBALL RDN DODGE STN GOVERNOR STEXC18-00008Vacant Lot Between 409 & 415 Kimball Roadμ0 0.035 0.070.0175 MilesPrepared By: Luke FoelschDate Prepared: Feb. 2019An application submitted by Linda Annis fora Special Exception to make buildable anon-conforming lot located between 409and 415 Kimball Road.
409 KIMBALL RD415 KIMBALL RDKIMBALL RDN DODGE STN GOVERNOR STRS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS8RS5RS5RS5RS5RS8RS5RS5RS5RS8RS8RS8RS8RS8RS8RS5RS8RS8RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS5RS8RS8RS8RS5RS5RS5RS5RS5RS5RS8RS8RS8RS8RS5RS8RS5RS8RS5RS12RS5RS5RS8RS8RS8EXC18-00008Vacant Lot Between 409 & 415 Kimball Roadμ0 0.035 0.070.0175 MilesPrepared By: Luke FoelschDate Prepared: Feb. 2019An application submitted by Linda Annis fora Special Exception to make buildable anon-conforming lot located between 409and 415 Kimball Road.
4'
RELEASE FROM PURCHASE
(This form approved by the Iowa City Area Association of REALTORS®)
This RELEASE FROM PURCHASE is entered into by and between
_____________________________________________________________________ (the “Sellers”) and
________________________________________________________________________ (the “Buyers”).
Buyers and Sellers entered into that certain Purchase Agreement dated the ______day of
____________________, 20____ for real estate locally known as: _______________________________
_____________________________________________________________(the “Purchase Agreement”)
Sellers and Buyers hereby terminate the Purchase Agreement effective immediately and release
each other, the Sellers’ broker, ________________________________________, and the Buyers’ broker,
____________________________________, from any and all obligations under the Purchase Agreement.
The parties agree to hold each other, and their respective brokers, harmless from any claims of any nature
whatsoever based on any of the terms conditions or obligations contained in the Purchase Agreement.
The reason(s) this transaction failed includes, but is not limited to:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
The Earnest Money Buyers paid pursuant to the Purchase Agreement shall be released as follows:
$_________________ to Buyers
$_________________ to Sellers
$_________________ to pay the following costs incurred to date:
$_________________ due to ____________________________. $_________________
due to ____________________________.
Dated this ____day of ______________, 20___ Dated this ____day of ______________, 20___
BUYERS: SELLERS:
_________________________________________ _________________________________________
_________________________________________ _________________________________________
Rvsd 6/09
Linda Annis
Cynthia M Farthing and Frederick J Boehmke
28th
November 18
409 Kimball, 18, Iowa City, IA 52245
Blank & McCune, The Real Estate Co., Inc.
Lepic-Kroeger, REALTORS (LKR)
Contingencies were not met.
1,000.00
31s December 18
dotloop verified12/31/18 12:46 PMCST
dotloop verified12/31/18 12:50 PM CSTGC0M-BTOJ-U974-7HZH
dotloop signature verification: dtlp.us/3xIc-5OJ6-Rxl6
PROCEDURAL RULES
Iowa City Board of Adjustment
July 2018
ARTICLE I. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled “Administration,”
Article A, entitled “Board of Adjustment,” and through the adoption of these procedural
rules stated herein.
ARTICLE II. MEMBERSHIP:
Section 1. Qualifications.The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be residents of Iowa City,
Iowa. A majority of the members of the Board shall be persons representing the public at
large and shall not be involved in the business of purchasing or selling real estate.
Section 2. Compensation.Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members.Prior to the first regular meeting following
their appointment, each new member shall be shall be given an orientation briefing by
City staff and be provided with the Board’s procedural rules and other information that
may be useful to Board members in carrying out their duties. The City Zoning Chapter
and the Comprehensive Plan are available on line.
Section 4. Absences.Three consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5. Vacancies.Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy as required
by law.
Section 6. Terms.Members shall be appointed for terms of five years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one year or less remaining may also be appointed concurrently for
one full five (5) year term.
Section 7. Resignations.Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the City Council with copies to the City
Manager, the Director of Neighborhood and Development Services, and the Board
Chairperson, preferably at least sixty (60) days prior to the date of intended departure.
Section 8. Temporary Alternate.An alternate member, if available, shall be appointed
as provided herein, to replace a member who is unable to participate in an appeal of an
administrative decision due to a conflict of interest. Any person who has served as a
member of the Board within the 5 years preceding the filing of the appeal, and who
represents the public at large and is not involved in the business of purchasing or selling
real estate, shall be qualified to serve as an alternate. When the member has recused
himself/herself due to a conflict and the date of hearing before the Board has been set,
the Secretary of the Board shall notify all such persons and the first to agree to serve as the
alternate is hereby appointed to do so.
ARTICLE III. OFFICERS:
Section 1. Number.The officers of the Board shall be a Chairperson and a Vice-
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Planning and Community Development.
Section 2. Election and Term of Office.The Chairperson and Vice-Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3. Vacancies.A vacancy in the office of Chairperson or Vice-Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section 4. Chairperson.The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5. Vice-Chairperson.When the Chairperson is absent or abstaining, the Vice-
Chairperson shall perform the duties of the Chairperson and shall have all the powers of
and be subject to all the restrictions upon the Chairperson.
Section 6. Acting Chairperson.In the absence and/or due to the abstention of both the
Chairperson and Vice-Chairperson, the remaining three-member Board may elect a
member to serve as Acting Chairperson. The Acting Chairperson shall perform the
duties of the Chairperson and when so acting shall have all the powers of and be subject
to all the restrictions upon the Chairperson.
Section 7. Secretary.The appointed staff person, who serves as the Board’s Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board’s proceedings.
ARTICLE IV. APPLICATIONS:
Section 1. Application Forms.Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary’s office is located in the Department of Neighborhood and
Development Services. Forms are available in the office of the City Clerk and on the
City’s website. In the appropriate cases, the Building Inspector shall transmit to the
Secretary all documents constituting a record, upon which the Board shall act.
Section 2. Application Submittal.Appeals to the Board shall be filed with the City Clerk
within a reasonable time period, not to exceed thirty (30) calendar days after the action
appealed from, and shall specify the grounds for such appeal. An appeal from a decision
by the Building Inspector to issue a building permit shall not be deemed to have been
filed within a reasonable time if such appeal is filed more than ten (10) business days
after construction work pursuant to such permit is observable from adjacent properties of
the public right-of-way or ten (10) business days after an alleged violation of the zoning
code is similarly observable. Applicants may appeal an approval or a denial of a
Certificate of Appropriateness from the Historic Preservation Commission within a
conservation district by filing a letter with the City Clerk within ten (10) business days
after a Resolution of Denial is filed by the Commission.
Section 3. Application Filing Fee.The applicant shall complete the required forms,
providing all information requested on the form, and any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. Application fees are established by resolution of the City Council.
Section 4. Party of Interest.Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5. Case Number.An application filed according to the above procedure shall be
given a case number within five (5) business days of the filing date. Case numbers will
be assigned according to the order in which applications are received.
ARTICLE V. NOTICE:
Section 1. Notice Letters.No less than seven (7) business days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record within 300 feet of the subject property. Such notice shall include a description of
the action requested along with the time and location of the meeting. The applicant shall
be formally notified of the time and place of the hearing, in writing, by the Secretary of
the Board.
Section 2. Newspaper Notice.Notice of the time and place of public hearings shall be
published in a newspaper of general circulation not more than twenty (20) calendar day
nor less than seven (7) business days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the nature of the application
or appeal.
Section 3. Notice Sign.No less than seven (7) business days prior to the public hearing,
the Applicant shall post a sign on or near the property upon which the application is
being made, and shall remove the sign immediately following the public hearing on the
application. The sign will be provided to the applicant(s) by the Board Secretary.
ARTICLE VI. HEARING:
Section 1. Regular Hearings.Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2. Special Hearings.Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the
request of three (3) or more members of the Board.
Section 3. Place of Hearings.All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4. Quorum.Three members of the Board shall constitute a quorum.
Section 5. Applicant Representation.The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel. The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6. Briefs.The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7. Conduct of Hearing.Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Any Board member who has a legal conflict of interest shall recuse him/ herself from the
decision-making process. A member who has a legal conflict of interest or otherwise
elects to recuse him/herself due to a perceived conflict of interest shall state the reason
for recusal prior to discussion of the matter under consideration and may choose to
leave the meeting room for the duration of the proceedings for that application.
Section 8. Hearing Order.The order of hearing shall be as follows:
1. Staff presentation of the facts of the case and recommendation to the board.
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4. Rebuttal by proponents and then by opponents.
5. General discussion by the Board.
Section 9. Board Deliberation.After all parties have been heard, the public hearing will
be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa Law. The Board may request additional comments
from the participants. An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 10. Board Motions.Motions may be made and seconded by any member of the
Board other than the Chair. Motions are always made in the affirmative, approving the
requested action.
Section 11. Board Voting.After a motion and discussion, the Board shall be polled for
votes. A board member may abstain from voting, which is a non-vote. The concurring
vote of three (3) members of the Board shall be required to uphold an appeal, to decide
in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Proxy votes are not allowed.
Section 12. Legal Advisor.The City Attorney or a designated representative shall act as
legal counsel to the Board.
Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules
of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1. Record of Hearings.Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be
produced from such recordings, and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board, and shall also be on file at the City Clerk’s office. The applicant may request
a court reporter at the applicant’s own expense.
Section 2. Case Files.The Secretary of the Board shall keep a file of all cases, including
forms and additional information. Said file shall be a public record and available for
public inspection during business hours. Copies may be made available upon request, at
cost.
Section 3. Transcript.Upon request, a transcript or the audio recording of the Board’s
deliberation will be made, at cost to the requestor. In the case of an appeal to district
court there is no charge for the transcript.
ARTICLE VIII. DECISIONS:
Section 1. Whenever possible, decisions by the Board shall be made at the same
hearing wherein the testimony and presentation of evidence are considered.
Section 2. Formal decisions shall be made in writing, setting forth findings of fact and
conclusions of law as required by Iowa law.
Section 3. Each decision shall be filed with the City Clerk within a reasonable time after
the Board hearing, and shall be stamped by the Clerk to indicate the date and time of
filing. The Clerk will forward the decision to the Johnson County Recorder’s Office, for
recording at the city’s expense.
Section 4.
A copy of said decision shall be forwarded by the Secretary of the Board to the
applicant, the Building Inspector, the City Attorney’s Office, and any Attorney of Record
within a reasonable time after filing with the City Clerk.
Section 5.
Reconsideration:Upon written request, the Board may reconsider a decision on a
special exception or variance application. A request for reconsideration must be made
within ten (10) business days of the meeting at which a vote on the application was
originally taken and shall articulate and be based on evidence that was not presented or
was unavailable at the time of the original hearing. A motion to reconsider must be made
at the subsequent meeting by a member of the Board who voted on the prevailing side.
If a motion to reconsider is approved, the application will be placed on the agenda of the
next meeting in order to satisfy the requirement for public notice and hearing. No
decision may be reconsidered more than once. Appeals to the Board may not be
reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1. A concurring vote of three (3) of the members of the Board shall be necessary
to amend these procedural rules. Such proposed amendments shall be presented in
writing at any regular meeting or at any special meeting called for that purpose.
Amendments shall go into effect upon approval by the City Council.
(Adopted Reso. No. 18-195)
14-7A-2: BOARD OF ADJUSTMENT
E. Alternate Member: An alternate member, if available, shall be appointed as provided
herein, to replace a member who is unable to participate in an appeal of an administrative
decision due to a conflict of interest. Any person who has served as a member of the board
within the five (5) years preceding the filing of the appeal, and who represents the public at
large and is not involved in the business of purchasing or selling real estate, shall be
qualified to serve as an alternate. When the member has recused himself/herself due to a
conflict and the date of hearing before the board has been set, the Secretary of the board
shall notify all such persons and the first to agree to serve as the alternate is hereby
appointed to do so. (Ord. 18-4749, 5-1-2018)
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
DECEMBER 12, 2018 – 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Ryan Hall, Tim Weitzel
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Sarah Walz, Jesi Lile
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
Walz announced the member Bryce Parker was deployed to Germany and therefore has
resigned his position on the Board. The City Council has selected one new member (to replace
Chrischilles), Amy Pretorius, and they will now have to select another member to replace
Parker. Walz noted in January they will do some Board training since there will be two new
members. At the January meeting they will also nominate a new Chair and Vice Chair,
traditionally they have gone with seniority which would make Goeb the new Chair and Weitzel
the Vice Chair but that can be changed and it will be discussed next month.
A brief opening statement was read by Chrischilles outlining the role and purpose of the Board
and the procedures that would be followed the meeting.
CONSIDER THE AUGUST 18, 2018 MINUTES:
Goeb moved to approve the minutes of August 18, 2018. Weitzel seconded the motion.
A vote was taken and the motion carried 4-0.
REVIEW BOARD PROCEDURES:
Walz explained that every year they review the Board procedures and noted there were some
updates that were made in 2018 like language changes (i.e. the name of the Neighborhood
Services Office). Walz handed out current Board procedures and asked the Board to review
and noted Staff are not requesting any updates or changes at this time. Walz said another
recent update had been to clarify the recusal process and how that works as well as if
somebody wanted to abstain from a vote.
Chrischilles said he reviewed the document and doesn’t see anything that needs updating.
Board of Adjustment
December 12, 2018
Page 2 of 2
Weitzel agreed. Hall noted he doesn’t think the document online is the updated version as it is
dated 2012 and Walz said that would be corrected. Hall said the information regarding the
temporary alternate for the Board is not in the document online. Dulek said that is not in the
Rules of the Board but rather in the City Code and was codified by ordinance.
Chrischilles noted that when his term is done he is willing to be on the alternate list when
needed. Dulek stated the language regarding the alternate that is in the City Code could be
added to the end of the Board Procedures document as well.
STAFF ANNOUNCEMENTS:
Walz said they have one application they are working on they believe will be ready for the
January meeting. Dulek noted the application will have a conflict with their office so the Board
will be represented by Ryan Moss who is an Assistant County attorney. Dulek stated in the past
when there was a conflict with the City Attorney’s office they would hire outside council but the
decision has been made to now use the City of North Liberty attorney or Johnson County
Attorney’s office.
Walz thanked Chrischilles for his service on the Board and presented him with a certificate.
Walz introduced Jessica Lile who will be the staff contact for the Board moving forward.
ADJOURNMENT:
Goeb moved to adjourn this meeting.
Weitzel seconded.
A vote was taken and the motion passed 4-0